There’s a new State Department rule in town about misrepresentation, and it could signal trouble for certain asylum seekers and others who enter the country on non-immigrant visas and then seek to remain here permanently or engage in other behavior inconsistent with their visas.
To understand the problem, we first need to talk a bit about non-immigrant visas (“NIV”). To obtain an NIV, you have to promise to comply with the terms of that visa. One common NIV requirement is that you must intend to leave the U.S. at the end of your period of authorized stay (some NIVs are exempt from this requirement, most notably the H1b and the L, which are known as “dual intent” visas). Another common NIV requirement is that the visa-holder should not work in the U.S. without permission. If you breach these requirements, there are often—but not always—immigration consequences.
For example, up until the rule change, if an alien entered the U.S. on a B or F visa, or on the Visa Waiver Program, and then filed to “adjust status” (i.e., get a green card) within 30 days of arrival, the alien was presumed to have had an “immigration intent” at the time of entry, and thus USCIS would assume that she lied about her intention to leave the U.S. at the end of her authorized stay (in government-speak, this is called a misrepresentation). If she violated her status between 30 and 60 days after arrival, USCIS might still decide that she misrepresented her intentions when she got the visa (this was known as the 30/60 day rule). If she filed for the green card on day 61 or beyond, she would generally be safe. There are exceptions and caveats to all this, but you get the picture.
Enter the new rule, which appears in the State Department’s Field Adjudications Manual (at 9 FAM 302.9-4(B)(3)):
[If] an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry… you [the consular officer] may presume that the applicant’s representations about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa or entry.
This change specifically affects people applying for visas at U.S. consulates, but it seems likely that USCIS could adopt the rule as well, which would mean that people who come to the United States on certain NIVs and who engaged in “non-status-compliant activity” within 90 days of arrival will be presumed to have lied in order to obtain their visas. All this means that the 30/60 day rule is dead, at least so far as the State Department is concerned, and probably for USCIS as well.
This is all pretty boring and confusing, you say. What does it have to do with asylum seekers?
The issue is, if a person comes to the United States and applies for asylum within 90 days of arrival, he might be considered to have lied about his “immigration intent” in order to obtain a U.S. visa. In other words, requesting asylum (and thus asking to stay permanently in the United States) is not consistent with coming here on most NIVs, which require that you promise to leave the U.S. at the end of your authorized stay.
This problem is not just academic. I’ve recently heard from a colleague whose client came to the U.S., won asylum, and obtained a green card. But when the client applied for citizenship, USCIS accused him of a “misrepresentation” because he entered the country on an NIV and then sought to remain here permanently through asylum. This example comes amidst several cases—including one of my own—where USCIS seems to have pushed the boundaries of the law in order to deny citizenship to asylees. It also seems part of a larger pattern to “bury lawyers and their clients in requests for more and more documentation, and clarification on points that were already extremely clear in the initial filing.”
I should note that the above examples are not related to the new State Department rule (probably), though if USCIS implements a similar rule, it would potentially expose many more asylees (and other USCIS applicants) to the same fate.
It’s a little hard to understand what USCIS is trying to do here, or why they are doing it. For one things, there is a waiver available to refugees and asylees who commit fraud (the waiver forgives fraud and allows the person to remain in the United States). Also, when a person fears persecution in her country and qualifies for asylum, low-grade misrepresentations are routinely forgiven. So the likelihood that any asylee would ultimately be deported for having lied to get a visa is close to zero. In other words, USCIS can delay the process, and cause these asylees a lot of stress and expense, but in the end, they will remain here and most likely become U.S. citizens (eventually).
Perhaps this is the Trump Administration’s implementation of “extreme vetting.” If so, it’s more appearance than substance. It looks as if something is happening, but really, nothing is happening. Except of course that USCIS is mistreating people who have come to the United States and demonstrated that they have a well-founded fear of harm in their home countries. So—like a Stalinist show trial—such people will admit their “misrepresentations” (in many cases, for the second, third or fourth time), go through the hassle, stress, and expense of the waiver process, and then end up staying here just the same.
It’s too bad. USCIS can do a lot of good—for immigrants and for our national security. But unfortunately, their current path will not lead to improvements in either realm.
https://gizmodo.com/us-homeland-security-will-start-collecting-social-media-1818777094
Time to delete all the kinky stuff from your browsing history folks, big brother is watching.
If they want to start, they already did…they don’t really need to announce anything really.
Good advice. I have a lot to erase, so I better get started…
Good day Jason, thank you for all your wonderful information you have been provide for us on your blog. I had an interview early December 2016 and my husband was also called for another interview late December 2016 but we are still waiting for our decision. However, I got A mail from USCIS today inviting us for another interview reschedule in two weeks time. My questions are:
1, What do you think is the likely reason why they want to interview us again?
2, In the letter they sent, they stated that our case has been pending 424 days but we applied for asylum late October 2013 which is already past 1200 days. Was that a mistake or they have different way they calculate the pending days?
3, Have you had this kind of situation with any of your clients and what was the outcome?
Thank you
1 – There is no way to know. They may only have a few questions, or they might interview you all over again. 2 – I do not know, but it does not matter. The only important date is 180 days, and that was for your work permit. You might ask about that when you have your interview, as maybe they will see you have been waiting forever and it might help get a faster decision. 3 – We see second interviews in maybe 10% of cases. I can’t say whether such case are more or less likely to be granted; I do not think there is much difference, but I have not kept track of that. Take care, Jason
Dear Jason
You are doing great job and helping lots of people. I came USA with B1/B2 visa and left withing one month. Again I came back after one year and planning to apply asylum as during last one year my country situation has been changed and I cannot go back. Does this new rules will apply to me or I have to wait 90 days. Please suggest as I don’t want to wait more.
Many thanks
The new rule does not yet officially apply, and whether/how it will be applied in the future, we do not know. I am not recommending that my clients wait, since we really have no idea how this will affect people down the road. It should not affect your eligibility for asylum, though it may cause trouble later on, when applying for a green card or citizenship. Take care, Jason
How you doing
As I told you there was a problem on my category
I was filled my EAD on right category which is C08 but when they send to me they made an error which is wrong category C18 ; and I have reported to USCIS to correct and they told me they will do soon since this is an error ; but still nothing they have done and I Los my job and Moreover I could not applying for other job also .
Since may 15 I am suffering to get my renewal EAD ; I make 2 infopass ; when I am in their office they told me that they will do it soon and send to my mail address but now almost 5 months I have got nothing
1 / what should I do I am without jobs for 5 month , is there other places to report
2/ I had my interview 2 weeks back , to day I have got a phone call that your case is not ready yet we will send your decision to your mail address do not come to pick up your decision in office , so is that sounds good?
3/ mostly how long it takes to renew the EAD for the 2 and time , mine is about 5 month still not getting
What is the next try to get MY EAD
1 – I think you should talk to a supervisor at the Info Pass appointment. You could also try the USCIS Ombudsman (a link is at right), but they are not very fast. 2 – This is normal. It may be soon, or it may take some time. If you do not have a decision in a month or two, you can inquire with the asylum office about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. 3 – We see EAD renewals take 3 to 5 months. Take care, Jason
Thank you Jason for This valuable information,
My question is I came to this country on approved I-730 six years ago as an Asylee derivative, my husband how petitioned me didn’t apply for naturalization yet, is this new DOS guidelines applied to me when I applied for naturalization knowing that my husband applied for asylum 75 days after he entered the us in 2008 thanks
I do not see how this would apply to you. It is unclear in general how or if this is being applied, so you will just have to apply and hope for the best, but the worst case is that you will need to file a waiver, and in the end, you should be fine. Take care, Jason
Hi Jason,
My brother is US citizen through asylum, now he wants to apply
I- 130 for his parents, can you tell me what other documents he needs to submit along with I -130, is it ok if he sends rest of the documents when they ask. Please let me know.Thanks.
I cannot give specific advice like that. He can file an I-130 for his parents if he is a US citizen. He would have to review the instructions to determine what documents are needed. You can find the I-130 instructions at http://www.uscis.gov. Take care, Jason
Hi
Just got this response For a service request I made for my intial EAD thats been pending close to 70 days:
We have received your service request and researched the status of your case. We have had to perform additional review and this has caused a delay in processing time. Your case is currently in line for processing and adjudication. Cases are processed in the order in which they were received.
This does not sound even promising at all. I dont know what this means or what additional review could be for and they did not even state when to expect a response ????
I do not know that it means anything – it may just be a standard response. We are seeing initial EADs take 3 or 4 months, and so you may have some time yet to wait. Take care, Jason
I think it is a standard response. I got this same message when I inquired about my 2nd ead. Shortly after, they approved my ead .a
All the best.
Hi Jason,
As the Trump administration issued new travel restrictions on 8 countries effective in October 13th, it has been emphasized that Green Card holders/valid visa holders from these countries will not be affected by the new measure, I could not find any rule on Asylees nationals of these countries. These new restrictions seem tougher and not time-limited. Are people from these countries that have been granted asylum in the U.S. and have a refugee travel document be subject to restrictions by Customs and Borders Protections? Or even see their Asylum status in jeopardy?
My take after reading the recent articles is that the new rule is mostly directed at future Visa applicants from these countries. Asylees have established a well funded fear to return to their home country so should not be bothered by the new EO. I would like to hear your opinion on that.
Thank you,
Aslo, is it just better for Asylees from the restricted countries to wait until they get their green cards before traveling outside of the country?
Regards,
I think you will have to wait to see how the new EO is implemented. Most likely, there will be lawsuits about the EO, and it may be modified, and so we will have to see how it is affecting people before you can be able to answer a question like this. Take care, Jason
Your question assumes, as it should, that any of this is well thought out. I think it’s always an act now, think later sort of deal. At least that’s the impression I’ve been under since the first ban list that caused chaos and had to be followed up by further explanations and amendments.
People with asylum were not affected by the prior EO (thanks to litigation mitigating the EO), but I have not had a chance to review the new EO. I may do a post about it after I have time to look at it. Take care, Jason
Hi Jason thank you for helping us in these dark and fragile times. I was waiting for my green card for more than a year. Recently I received a letter from USCIS stating that my doctor did not perform GONORREA test. I did it yesterday though. My question is will my case go back in line or it will be in the same process and officer will see the evidence. In other words when you submitt further evidence how long it delays the decision? . Secondly will I have to go through the interview again for green card as it will become mandatory after October 1 2017 ?
Thank you .
Ishaan
Normally, you would not go to the back of the line in a case like this, where USCIS needed more info, and hopefully, you will get a decision soon. I think if you were the principal asylum applicant, you will not need an interview, even if your case extends past October 1. Take care, Jason
Hi jason
I applied for GC before 6 months and did fingerprint..now i figuerout that i lost the reciept ..what are the consequences for that?my GC application based on asylum grant..and till now when i check online ss the reciept number is printed on FPnotice..ig tells me invalid error?!
Thanks so much
As long as your address is updated with USCIS, you should not have a problem. They will send you the GC or – if needed – an interview notice. You can get a new copy of the receipt if you file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov). This is free, but it may take 4 or 6 months. Take care, Jason
Nice article Jason
As you mentioned before this administration try to make Immigration looks very harsh to intimidate people from coming to this country and make the people here leave, because at the end of the day It is United Stated and the president does not have the power to change the Immigration law without the Congress approval, so He is just trying to make it look harsh to intimidate Immigrants, and he is starting to achieve that, for example the other day I was reading about how Canadian Universities started to see surge in International student over American Universities since the election of Mr.Trump, some Silicon valley corporation thinking of moving to Canada because all the restriction he tries to put on H1B visa, which is a great lost for US economy, anyway Trump campaign slogan was “Make AMERICA GREAT AGAIN” but his policy is “MAKING CANADA GREAT AGAIN”
You are right, and also in the international arena, as we walk away from trade agreements, Europe and China are waiting to rush in. This president is doing great damage to our country, and we will be weaker and less safe because of it. Take care, Jason
Good evening.
The 90 days count since the visa got approved or since the entry because I traveled one year after I got the B2 visa and a lot of things changed during that time and my real intention when I got the visa was only tourism, isn’t logic a lot of things changed , I filled my asylum application 2 months after I entered, and I read the DOS 90 days rule it is related to adjustment of status to permanent resident not for naturalization purposes and related to consular officers overseas and people how apply from overseas thank you
We do not know how or if this rule will be applied, but it seems like it will. If so, it could affect people who filed asylum within 90 days of arriving here. It could even affect people who file after 90 days here. In the end, I would not worry about it too much, as basically any asylee will be able to get a waiver if that is needed. Take care, Jason
What is waiver exactly?
In this case, the waiver is normally a form I-602, available at http://www.uscis.gov. It is just a request to forgive you for doing something wrong (such as having an intent to immigrate when you arrived in the US on an NIV). Take care, Jason
Do I have to provide evidence that I had no intense of applying for asylum or staying in US when I came?
Or how they judge that?
Do they interview?
You do not have to present evidence about that, but USCIS may ask for it, and so if you have such evidence, you should keep it. That way, if you need it, you will have it. Take care, Jason
Dear Jason,
I arrived in the United States this month, what is your advise about when i should submit my religious asylum application , after 30 day or 60 or 90 from my arrived date ?
thanks
Since I do not know your case, I cannot give advice on this. I do think that the rule discussed above is very unclear, and I have not been delaying filing cases because of that rule, but you should talk to a lawyer about the specifics of your case in order to decide. Take care, Jason
Can you Jason tell me the difference between refugee travel document and white passport?
dear Jason.
I am your big fan since 3 years,i did almost all work by seeing your article.This is kind of medicine for applicants,i really appreciated your work.millions of people are taking advantage from your site,salute Mr Jason.I have a confusion about this new rule,i came to march via b2 and applied on august,does it effect my case?Also i got married here,my wife is us citizen,i am expecting baby pretty soon,but i haven,t applied adjustment status throw my wife.Jason i have real serious circumstances,i need to talk to you.i went to local lawyer here,but they didn’t helped me.i wrote email to your site but i didn’t got reply.How can i get you.
I doubt this rule would affect you. If you need to contact me, please wait until next week, as this week is too busy. You can email me at jdzubow@dzubowlaw.com. Take care, Jason
Dear Jason,
I came to the us 4 years ago I applied for a B2 visa in a third country when I was working ( resident based on work) I applied for asylum 60 days after I entered the country because I was terminated from my job and I can’t comeback and the situation in my country was horrible and we discussed me and the asylum officer about my situation and he convinced, so the question is the 90 days rule applied to me after what I showed the government what happened to me? Thanks
Please note I already granted asylum and received my GC
Again, I think you will be fine, but this rule seems to come into play when people apply for US citizenship. Take care, Jason
There is no way to predict if/how this rule will be applied to people in your situation. It seems to me that it should not apply to you, but there is no way to know what USCIS will do. My guess is that you will be fine, and even if they try to apply it, it will not have much effect. In short, I do not think it is something to worry about too much. But it is good to be aware of it. Take care, Jason
I am not sure if I understand this article, Jason.
What exactly is the new rule saying in layman’s terms?
Should the asylum applicant apply on, before or after the 90 days?
Does the new rule have a problem- in the form of “immigration intent”- with people who apply for asylum before the 9o-day mark or after the 90-day mark?
Is the new rule more comfortable with people apply the very first week they arrive in the US, 6 months after they arrive in the US, 11 months after…?
When is the new rule proposing that asylum applicants apply for asylum?
Is it referring to applicants who applied for tourist visas?
There are so many questions.
Anyone who comes into the US on a NIV (except for H1b or L or a similar visa) might be accused of violating that visa if they seek to remain here permanently. State Department will do that, and USCIS seems to be doing something similar. I think there is nothing to be done about it now, but at least people can be aware that getting a GC or citizenship through asylum might require some additional time and expense because of this rule. Take care, Jason
This is from the New York Times “Department of Homeland Security initially identified more than six nations that were failing to comply with security standards that could block terrorists from entering the United States. Officials notified the governments in those nations that travel to the United States could be severely restricted.” Jesus Christ I feel like a new storm is going to hit immigrants. Brace yourself people!
Could you please share the link?
https://mobile.nytimes.com/2017/09/22/us/politics/trump-travel-ban-replacement-restrictions.html?referer=https://www.google.com/
I guess a whole bunch of us won’t be getting any visits from family – no, wait, most of us already don’t anyway. My very progressive, beautiful mother had her visa denied just because of my case here. Whether or not they add my country to the Ban List 3.0, it may not make much of a difference in that aspect.
Hi Sara !
Next week my friend is coming to talk with his lawyer, i think interview is scheduled for late November (not sure till next week ),i’ll keep you in touch ok
My mom works in court back home for 35 years now, my dad is an accounting man, my brother is a soccer referee, has finished university for sport science etc…
All of them couldn’t get tourist visas just because of me
I came vith J1 visa & hope this is not gonna effect me
Keep me in touch
All the best to your friend, L.F.
And I’m sorry about your parents not being able to come visit you here. I have an asylee friend whose mom had her visa denied twice – mind you, the woman has her own business so she has strong ties to her country where she’s running said business but alas, that wasn’t sufficient to the very astute officer at the embassy – and she finally got it on the third try. Her sister was denied all 3 times, even when the mother got accepted, and the mom’s acceptance came after my friend had won her case so I’m not sure if it had anything to do with it.
Either way, I’ll be waiting until my asylum is granted to have my folks try again.
Will be in touch if I have any updates.
Have a good one.
I guess it arrived last night – they added a few more countries to the list (Chad, North Korea, Venezuela) and removed one (Sudan). I feel so much safer now. Take care, Jason
Thank you, Jason for this informative article. If I try to interpret this rule, I might make multiple, and probably wrong interpretations of it. What happens to someone who initially came to the US on a student visa, completed a Masters and a PhD degree, applied for asylum while on F1 status after living in the US as a student for 4 years, and was granted asylum 3 years after (Was still on F1 status during the interview), but graduated with a PhD degree 2 weeks after the Asylum interview. This is my question:
Do you think such a person would be considered to have willfully misrepresented material fact when he initially applied for a student visa to come to study in the US? Sorry, but I just need help in interpreting this weird rule.
Assuming USCIS implements a similar rule, it should not affect you since you applied for asylum more than 90 days after you arrived here. My guess is that, given your time line, this will not be an issue for you. Take care, Jason
Thank you, Jason.
Hi Jason
Thank u for update information
I have pending case since last two year have my second workpermit in hands renewed-
Is it a new rule or it was before?
Does it affect our interview date and time ?
What is your recommendation for pending asylum seeker whose interview is not sure
Thank
You
If USCIS implements this rule, it will not affect the asylum case, but could affect the green card or citizenship cases, and it could affect anyone who files for such a case in the future, regardless of when you started your asylum case. As for people with pending cases, you can wait for your interview (see the Asylum Office Scheduling Bulletin – a link is at right) or try to expedite (I did a post about that on March 30, 2017). Take care, Jason
Hi Jason,
I have applied for renewal my EAD since May 23 but I didn’t receive it yet. Do you think there’s something wrong with my application?
Thanks
I applied March 31 for renewal Nebraska Office…Have done everything in my power, even expedited, and congressman intervened to no avail. We just hang in there and remain hopeful that in the 180 days extension, hopefully, our EAD renewal cards will be produced. It’s stressful, but what can we do!! Still waiting for my renewal….All the best
If you received the receipt, you should be fine. We are seeing EADs take 5+ months in some cases. Yours is slow, so maybe call USCIS or go in person to inquire about the status of the case. You can find the phone number or make an appointment at http://www.uscis.gov. Take care, Jason
Jason, I disagree about the prospect of this rule affecting those applying for asylum. It doesn’t change the understanding that it’s possible to have a permissible dual intent upon entering of both non-immigrant and asylum. Moreover, it has never been held that a nonimmigrant visa seeker can be reasonably expected to declare her intent to later apply for asylum while at the US Embassy or consulate staffed by local nationals and located in the country where she fears and/or has already suffered persecution. There will be multiple ramifications of this rule change, but I do not see where it is likely to impact timely asylum seekers or bring about rule changes specific to asylum seekers.
Good to hear from you. I do not share your optimism about this. I’ve already seen one example where the person tried to naturalize but was denied because he violated his B visa when he requested asylum (due to his “immigration intent”). In that case, the person entered the US on a B visa and did not file asylum until about 6 months later. Also, we are already seeing examples of asylees being asked for a waiver when they naturalize because of some type of misrepresentation in the course of their cases (and this will likely end with the N-400 denied and then they have to file the waiver, and then file a new N-400). In the end, maybe USCIS will recognize that asylees are eligible for the I-602 waiver and so there is no point to this approach, but I am not confident that is how things will progress. We shall see. Take care, Jason
Hi Jason,
Thanks for shedding light on this new unfortunate rule. My question isn’t directly related to the post, but I recently had my interview in July and am still waiting for the decision. When I went to the DMV a week ago to renew my state ID as an asylum pending status, the employee told me that on the Save system the DMV uses, it shows me as an Asylee. It didn’t affect me getting my new ID but I was really confused. Does this mean anything or is it just a mistake on the system?
It may mean that you are being granted asylum, as we have seen that before, but it may not mean that, so you must remain patient. Contact the asylum office to inquire about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Hopefully, you will get good news. Take care, Jason
Hi Victoria,
Open the link and check your status by Z-Number If you will be approved you can see it by your Z-NUMBER. If not it will show you an error!
https://egov.uscis.gov/casestatus/landing.do
Please update me if you did approved!
I had my interview on May 10 and so far there is not any news! 🙁
Good Luck!
They impose an ankle monitor on someone who has a pending hearing, never missed a single appointment and has a work authorization.
ISAP, the nasty organization, through ICE, makes money off of imposing their ankle monitors on non- criminal, law abiding immigrants. They invade your privacy, call early mornings to check on the device battery, which has to be charged twice a day. You have to report to them weekly, plus they make visits. North Korea at its best.
They purposefully make you illegal. They make you think about fleeing/disappearing from radar, since they may as well throw you in jail at their convenience. I hate my life and these thugs who turned it into hell. I was paying taxes, doing everything legally. I may as well just kill myself, no one wants me.
The ankle bracelet companies are horrible, and they do seem to make a lot of money at the expense of poor immigrants. That said, the government now is trying to make people’s lives miserable by imposing all sorts of nonsensical requirements on them. If you can keep it together, and win your case, that is the best revenge. Also, I encourage you to look for support – one place to start is some of the non-profits that serve refugees and asylum seekers. You can find a list of such organizations here: https://www.immigrationlawhelp.org/ and they may be able to refer you to help. Do not face the beast alone. There are many people in your same situation, and they are supporting each other so they can win their cases and survive the process. Take care, Jason
Thank you Jason, you’ve always been kind.
Hi Jason hope you are doing well , my father seek asylum in 2016 march his interview was in June 2017 and still waiting for result he enter US with B1/ B2 visa the artical you post here is it effect to his case or it’s not belongs to him ?
The issue discussed in this article would not affect him at this stage. Maybe if he wins asylum and applies for a green card or citizenship, it might affect him. As for his case, he can contact the asylum office to inquire on the status of the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I came here under refuge statues trough IOM. I applied for GC after 1 year, but it passed more than 2 years still I did not get the GC back!
These delays sometimes happen. You can make an Info Pass appointment at http://www.uscis.gov and ask USCIS about your case. You can also do an inquiry with the USCIS Ombudsman (a link is at right). They sometimes help with delayed cases. Take care, Jason
Oh,dear… This is such an unfortunate news,sorry to hear this. I filed around 125 days after arrival, I arrived early in March and I really wanted to file ASAP but because of living situation and constant moving,sometimes move 3 times in a week…I wasn’t settled until around July..If this applies to the pending asylum cases,how do you think they would implement this rule?Are they just simply rule out those who filed within 90 days and treat those cases as a second-class group?This is really sad news! People come of course they want to apply ASAP who would think of asylum after coming to the US? I think most have this idea before arriving the US soil. I cannot think of what’s the logic behind this rule…really..
I’m in the same boat as you. Filed past the 90 days, but still find this whole thing ridiculous and I will not try to make it look like I just happened to come here on vacation and then decided to seek asylum.
If you have suffered persecution or have a well-founded fear of being persecuted, I’m pretty sure that 9 times out of 10 you didn’t just happen to be here and then decide to seek refuge.
And there’s zero logic behind this rule. We didn’t break any laws coming here, and we adhered to the process every step of the way.
True but it will make it look like you are not credible thats the whole point of this. The sytem wants barely 1 out of 10 to be here on vacation and just happened to be applying for asylum and if thats not happening elected govt official who represent the people are forced to beleive that there are flaws in the system somewhere that so many on the non immigrant visa holders are apllying for the asylum and that they have to do something as a policy of Deterrence. I think you shouldnt be worried if you beleieve that you qualify for asylum rather trust the system. Afterall you wouldnt want either that your case keep on delaying trust you will get it if you deserve.
Well, maybe they should fix whatever they think is flawed for future asylum seekers. They’re the ones who put this process in place, and now they’re trying to punish people for following it. Not cool and wouldn’t fly with me had I been in the pre 90 days camp. That’s what I’m saying.
Sara, I feel for you, it’s not fair for people really being mistreated, tortured, persecuted and so longing for a resettlement. Come on, real suffering people are longing for a new start a safe haven who would be there idling for more than 90 days then decide to file… really no logic behind this
By the way, given that the rules seem to be ever changing under Mr. Trump, I am not recommending to my clients to wait 90 days before filing for asylum. If this rule is in effect by the time they apply for a green card or citizenship, we will deal with the consequences at that time. But of course, each person must make his or her own decision based on the information available. Take care, Jason
I believe if they can simply interview me they will know who I am what’s my story and they will make a just decision based on that. Still, haha the scene makes me want to laugh, okay, so say, somebody was persecuted in their country,and after all the torment mentally or physically, they got a chance to take a vacation int the great again nation US of A, and, the found out wow, this country offers asylum for people like me how great is that! Then they decided to apply for asylum after 90 days of traveling, hitchhiking, eating drinking and being merry.. Real Truth, Real Reality,….
Although the situation is getting worse and more annoying, at least for asylum seekers, they are still able to win their cases and stay in the US. I certainly think you should not give up hope in this regard. But these days, I am wondering whether the US needs asylum seekers more than asylum seekers need the US. Maybe we help save them physically, but they help save our country’s soul. Take care, Jason
I think it is just the government’s way of making life more difficult for non-citizens. However, even if it is implemented in the same way as the State Department rule, it will not affect the asylum process. It could affect the green card or the citizenship process, but for most people, the effect would be to cause delay (and stress and expense); it would not cause people to lose their status here. So while I think it is annoying and stupid, I do not think it will ultimately be that harmful. Take care, Jason
How you doing sir ; I am doing good ; I was having an interview last week which takes about 7 hr total ; my case was based on political opinions and it was good ; she was asking about my family which is my wife ; I was divorce with my wife before 4 year and we comes closer after discussion with her in between some friends and understand each other and comes living together ; I was not mentioned this matter for her(AO) because it was a family matters and I was forgotten to mention that because my case is based on my political ; but she is asking about my divorce saying that why you did not mentioned and she be comes more angry and making me more tension and making me scary
So my question is ; does this affect my approval
Why she is taking to much concerns about
I have precut from my country because of my political opinions and left my country because of my police summons
Why she is biased to much on my family
Can any one cepculate what she thinks
Thanks
An asylum case can be denied based on “non-material misrepresentations.” This means that if you are lying about your marital status, they might decide that you are lying about other parts of your case. I am not quite sure what your “lie” was here. It sounds like you just omitted some information that was not relevant to the case. Hopefully, it will not affect the outcome. Good luck, Jason
I’m filing out my initial EAD what should my current status
I came with b2
Write down” Asylum Pending”, if your current application is pending for asylum.
Sorry, I cannot answer specific questions like that. You should just put whatever status you have, or if that status is expired, you can note that it is expired. Take care, Jason
Thanks Jason for this article
And I have a question here. Is this isuue affect both the primary applicant and the dependants one in the asylum application?
I don’t know, but I think everyone should be aware of this possibility, so at least they can think about it when applying for a green card or citizenship. Take care, Jason
Jason you said “low-grade misrepresentations are routinely forgiven.” What is considered low grade? Can you give examples?
There is a case called Matter of Pula (the phrase you quoted has a hyperlink to that case), which essentially says that a person who obtained a visa fraudulently will not be blocked from asylum because of that fraud. Certain lies to immigration authorities can be forgiven and asylum can be granted, but now it seems USCIS is becoming much stricter about this and so it is good to keep this in mind when applying for a green card or citizenship. Take care, Jason
Thank you Jason for your usual help, my friend applied for asylum 4 years ago and uscis received his application after 61 days of his arrival does the new 90 days rule will apply for him or the old 30/60 days thank you again
The 30/60 day rule was never applied to asylees (at least not to my knowledge). But now, USCIS seems to be applying a rule similar to the State Department rule, at least in some cases. It does not matter when the person came here or sought asylum. If they seek to naturalize now, they may (or may not) be affected by this problem. Hopefully, USCIS will not expand this practice, but these days, it is difficult to know. The main thing is that asylees are eligible for a waiver, so this rule will not stop most of them from remaining here or, ultimately, from becoming citizens. But it will cause delay and stress. Take care, Jason
Thank you Jason, according to your experience the waiver will be granted in such situation.
If the only issue is that the person had “immigration intent” when they arrived on an NIV, I suspect the large majority of waivers would be granted. Unless there is some other reason to deny the waiver (like a criminal conviction), I do not see why such a waiver would be denied. Take care, Jason
Hi Jason,
Me and my husband renewed our ead card and based on the uscis site its already been produced. While my husband who is the principal applicant his card status is still received. Do you think this is normal? Please advise. Thank you and God bless.
Jr
I mean my card is already been produced.
EAD processing is unpredictable, and I think unless the delay becomes long, it is nothing to worry about. Take care, Jason
Hi Jason,
I am asylum granted since June 2017. When can I apply for the green card? Can I travel to any country either than the country that I claimed persecution after receiving the green card? I heard that some people green card had been canceled in the airport although they didn’t travel to their home country, so please advise. Should I have a white passport or refugeee travel document if I want to travel after green card?
Thanks in advance!
Hi Rita,
How long or how many months took after your interview to receive grant? How many months did you waiting after your interview?
Thanks
One month
You can apply for a GC one year after you were granted asylum. If you want to travel, use the Refugee Travel Document, form I-131, available at http://www.uscis.gov. It is much safer than using your passport, especially these days. If you do that, and you do not visit your home country, you should be alright to travel and return, as long as you do not go outside the US for 6 months or more. Take care, Jason
So, what is the difference between refugee travel document and white passport?
A “white passport” is just a term that people use, but that is not an official term. I do not know what it is referring to, though the RTD is while or light blue and looks like a passport. Take care, Jason
Hello Jason !
What about people’s whi came with work & travel program & than applied for asylum ?!
Great day
Hey L.F.! Did your friend get the interview rescheduled? my invitation letter hasn’t come in yet, so I don’t have any updates to share.
Good luck to your friend. And to us!
If you entered on an H1b or an L visa, this rule would not apply to you, since those visas are “dual intent” and it does not matter if your intention was to remain permanently in the US if you entered on one of those visas. Take care, Jason
Dear Jason I got my US visitor visa back in 2013 and I came to the US for a visit in 2015 then I returned to my country and then came back in 2016 and I claimed asylum after 40 days, so what do u think in this wide range of dates since the visa issuance and my visits before claiming asylum ? Thx
Assuming USCIS applies the same rule, it has to do with your intent at the time of entry; not necessarily your intent when you got the visa. So it might affect you later on, when you apply for a green card or citizenship. However, you would be eligible for a waiver if you have asylum, and so ultimately and most likely, the rule would have no effect except to cause you delay (and maybe stress and expense). Take care, Jason
Dear Jason
I came to U.S. on Niv visa and applied for asylum after 115 days of my arrival. I didn’t get interviewed for till now which is 1 year and 4 months. What would be my fate and my family who are left back home and suffering ?
Hopefully, you will be granted asylum. The discussed above does not affect the asylum case, but it could affect your later applications for a green card or citizenship. If you are separated from your family, you might want to try to expedite your case. I wrote about that on March 30, 2017 – maybe that would help you. Take care, Jason
Hi Jason,
My Asylum application was received by USCIS on 89th day after my arrival in US. Will this new rule if applied in USCIS affect me.
I had US visa for long time but i traveled way long after getting the visa to US because of a genuine problem.
To add here , the intent to get the visa was not asylum infact at that time i even didnt know about Asylum and in someway even after coming here I wasnt sure of applying for asylum , the circumstances pushed me to follow this path..
It could affect you, assuming USCIS implements the same rule as the State Department. If so, you may need a waiver. This is not that difficult to obtain (assuming you have been granted asylum), but it is a hassle and it will delay your progress towards US citizenship. On the other hand, maybe USCIS will see that this is ridiculous and not apply the rule to asylees. We can hope. Take care, Jason
Thanks !
This is beyond madness , so either ways this is a dead end where we will spend years locked in this beaurocratic system !!
I have a pending asylum case since 6 months but I will be getting married to my girlfriend who is a US citizen ! Does that affect me any way and can I withdraw my case when we get married ? Could you please explain to me Jason what happens when an asylee marries a citizen ? Thank you and God Bless you .
It’s still unclear how and if this change will be implemented, but the signs we are seeing are worrying. Basically, you may need to explain your “intent” at the time you got your visa, and you may need a waiver, if USCIS concludes that you entered on an NIV and that you had immigration intent at the time. As for marriage, your spouse can file a petition for you and you can get your green card based on the marriage (assuming you are eligible to do this). Then you can withdraw the asylum case. Sometimes, the marriage and asylum cases interfere with each other and you are forced to withdraw the asylum case before you get the marriage-based GC, but if possible, it is better to wait until you have the GC and then withdraw the asylum. Take care, Jason
Hi Jason Sir
Thanks for your help.
I came to the US on 3rd Nov 2016 with my wife & kids. I applied asylum on 20th Dec 2016 (after 45 days ) I got my first EAD in June 2017.
Can you please guide me on this article ?
With Regards
Raj
You should be aware that you might be accused of “immigration intent” and about lying to get your visa (assuming you came here on a NIV such as a B or F visa). This would probably not affect you at the asylum stage (unless things change) and there is not much you can do, but I do think it is important to be aware of what USCS is, or may be, doing. Take care, Jason
Hi Mr. Jason
I need your guidance
When my advocate put my case I gave him $1500 advance after that I am giving $ 100 every month total I have given $2300. His total fee is 6500. My case is in LA . As per Asylum bulletin it will take around 4 years. Now my Advocate is insisting me to give me rest $4200 in next 6 months otherwise I won’t go in your interview . I told him I can give you $200 per month and before interview I will clear your account.
What can I do ? If I cancel the agreement . Will it affect my case ?
I am living in OC.
Without seeing your contract, I cannot say what is proper. I do think he is being aggressive with the fees. Also, if you are not comfortable with this person as your lawyer, you should fire him and find a new lawyer. He cannot do anything to harm your case (and if he does, he can get into big trouble). As for whether you have to pay him any more money if you fire him, that depends on the contract, but my gut feeling is that you will not owe him any additional money. In any event, if you choose to fire him, find a new lawyer and talk to that lawyer about whether you have to pay any more money to the first lawyer. Take care, Jason
Thanks for your advice Mr. Jason
Do you have any contact in OC ?Can I hirer you ?
Day before yesterday I got my contract copy where it is mentioned that i will have to $400 per month and signed by me. I am not able to pay $400 every month. I can pay $200 but he told me that I won’t go in your interview.
It would be very expensive for me to do a case in CA, and I cannot recommend anyone there. It seems you are not happy with this lawyer, and so you might do well to fire the lawyer and find a new one. You can look for lawyers at http://www.aila.org. Take care, Jason
Hi Jason
My application for adjustment of status to PR is on hold for almost a decade becasue of the marterial support bar provisions of INA. Last time I inquired about the status of my application i was told that the application will remain on hold until a waiver becomes available. I beleive the current administration may not grant a new wavier.
I was looking at the possibility of withdrawing the pending application to register as PR and reapplying as the spouse of a natrulized US citizen. My question is to know if this is a viable option for me and if so would you be kind enough to recommend an immigration attorney who wil lbe able to guide me through this process…
I doubt that you could avoid the material support bar by filing an application based on your spouse, but you never know. Maybe it is worth looking into, to be sure. I cannot recommend a lawyer to you, but you might try http://www.aila.org, which has a referral service. Take care, Jason
Thanks for your prompt reply…
Hi Jason,
I have a question if someone become US citizen through asylum, can he file I-130 (Petition for Alien Relative) for his married sister,her spouse and her childerns along with his parrents? His sister is in US with pending asylum application but his parents are their own country? Please let me know he can apply I -130 together(his parrents and his married sister and her spouses)? or he has to apply separate for parrents separate for sister and her family.Thanks.
A US citizen can file for his parents and siblings. Parents can get their GC relatively quickly based on such a petition, but a sibling would take 13+ years due to the long wait. Take care, Jason
Hi Jason,
Thanks again for this interesting article. My question, I came to US using B1 visa on December 19, 2016 and I filed my application for asylum on January 20, 2017. So, are you addressing me too in this article?
Thanks,
Anyone who came to the US and filed for asylum within 90 days is potentially affected by the State Department rule, but remember that this rule has not yet been applied to USCIS, and so it does not affect people who are inside the US. However, USCIS is acting as if the rule is in effect, at least in some cases. Also, even for some people who filed for asylum after 90 days, USCIS is questioning their “immigration intent” and accusing them of fraud, so I think there is no real way to escape this. It won’t come into play until you apply for the green card or, more likely, until you apply for US citizenship, but I think people should be aware about it now, since it is coming up in different asylee’s cases. Take care, Jason
This new rule actually bit me (sort of.) A CBP officer at my work told me I was no longer welcome to work anywhere near CBP because I “lied” on my tousit visa by obtaining asylum. I told him this was not the case, he didn’t listen to me. He revoked my airport badge. I followed his chain of command and threw a fit for the head of CBP at the airport. In the end, they gave me my badge back and let me work. In conclusion, this rule is only applied when an asylee (or immigrant should I say) was unfortunate enough to have a racist right wing scumbag adjudicate his/her application. The remedy? Throw a fit and you get what you want (or apply for an inadmissibility waiver if the fit doesn’t work haha)
I wish it was that easy for people in the USCIS system. In the case of an employment situation, a complaint against the racists scumbag would be appropriate, as turn-about is fair play, but in real life, it is not often worth the trouble of making a complaint. Take care, Jason
Not many of asylum seekers can have that kind of spirit to fight for their rights, most of the time,we will just suck it up and move on, for me, I thought I have some rights, as I was sharing with some Americans, their first reaction after hearing my painful and lonely and already more than 3 years waiting for an interview experience, they would throw at me this,”You should think of this before you come to the US and apply” basically what they are saying is, you didn’t think of the full picture,and your decision to come was based on an impulse,so it’s just your fault, or, you just take it for granted,you have a job,kinda sorta a life here,you should just be grateful 100%of your time because Americans first, you can get some crumbs from ground is already a mercy. I believe I should be grateful as I always do thank God for everything I have, but these words hurts! These”you should think of this situation before you come” how should I know! How could I see I would wait for an interview for more than 3 years and who knows still how long..So sad to hear the situation is getting worse…
Plus,I came from a country where this website is censored. haha… how could I possibly know anything about the asylum policy… I literately don’t know what to do, thank you for being here Jason, I read your blog all the time, 3 years old fan 🙂 Keep the good work and God bless you tremendously.
Thanks. Glad to hear I am important enough to be censored somewhere. I am also banned from Turkey, but I’ve already been there, so it’s ok. Take care, Jason
Tell me about..
There is a principle of law that basically says, if you see someone in distress, you do not have to help them. But if you choose to help them, you have to do so competently. We as a nation have decided to offer help to people fleeing persecution. When those people rely on our offer, we should not punish them by throwing needless barriers in their path. We should either help people or not, and we should not play games with people’s lives, as this rule seems to do. Take care, Jason
Hello Mr Jason firstly thanks for all your councellings please my question is after over staying my 6 months validity on my b1/b2 visa by 1 year can I still file for asylum? And my family is still in my native country
They have a one year window to apply, however, if for some reason u are applying over the one year mark you can request a waiver. Also be prepared to answer why u did not apply within the year at the interview. All is not lost if the one year deadline reach you, u still have a chance with the waiver. All the best…
Not to be too technical, but it is not a waiver. There are exceptions to the one-year filing deadline, but if you do not meet an exception, you cannot get asylum. This is a big problem for certain people, and I do recommend you talk to a lawyer about that. (a waiver in immigration terms is a form you file to seek forgiveness for doing something that the US government did not like, such as committing a crime or lying on an immigration form). Take care, Jason
What are some examples of exceptions to the one year bar.
There are two: Changed circumstances (meaning your country was safe and now it became dangerous) and extraordinary circumstances (which can be many things: You were under age 18, you were lawfully present in the US, you were traumatized in your country and the trauma prevented you from filing one time, etc.). Take care, Jason
I am not quite sure I understand the question, but the rule on asylum is that you have to file within one year of arriving in the US – it does not matter whether your period of stay has expired. If you are past one year, you may be barred from asylum, but there are exceptions to that rule, so talk to a lawyer for some help, as the “one year bar” is a big problem for people who file late, and you need to try to overcome that. Take care, Jason
Hello dear Jason
Thanks for the great article, I’m Asylee with pending AOS I-485 since 9 months ago , do you think this new rule and extreme vetting will effect our Adjustment case or are they going to interview me for my asylum case again ?
Highly appreciate your attention which means alot in this stressful situation
It doesn’t look like they interview principal Asylees, only dependents, but it is still not completely clear. I also have asylum based I-485 that’s pending for 15 months. Have you tried inquiring about your case?
Yes I’ve tried to make inquiry but they said it’s not possible yet And It’s still within processing time , my field office is Texas , 15 months looks long time ? Have you called them ? Are you in Texas too ? Thanks
I’m in NSC, it looks like TSC moves slower, I have inquired several times and always have gotten the same response, case under review. I hope you get an answer soon
Same thing for me, 485 based on Asylum approval, I am in California and my application in Nebraska office, it is pending for 5 month, but I know personally a family, they got the green card after 4 month exactly.
Four months is fast, especially these days. We are seeing people take about 10 months, though some people face long delays if there are “issues” with their I-485 application. Take care, Jason
Some I-485 applications get held up for a long time, and 15 months is pretty long. You might try inquiring the USCIS Ombudsman – a link is at right. They are supposed to help with delayed cases, but how much help they are providing under Trump, I am not sure. Take care, Jason
Everything is slowing down, maybe because of “extreme vetting,” and so in that sense, you are being affected. But I do not think you will be interviewed. I do recommend you carefully check the I-485 to make sure there are no errors. Many asylum seekers, for example, state that they were never arrested for a crime, but if you were arrested for any reason (including a political reason), you need to reveal that on the form. Also, make sure that you listed all groups you were a member of. We are seeing I-485 cases take 10 or 11 months, so hopefully, you will get your green card soon. Take care, Jason
Hi… i am almost at my 150 days mark and i am preparing my ead package. My asylum office is Miami. Which address should i send off my ead application to? Thank u for ur continued guidance.
Sorry – I cannot give specific advice for forms. Just check the instructions to the I-765, available at http://www.uscis.gov, and it will tell you where to file. Take care, Jason
Thank you for another very informative post as usual, Jason.
Newsflash to the powers that be: Most people give some thought to life altering decisions that involve their families. Even if you filed outside this 90-day window, chances are your written statement or the one you gave at the interview has some mention of the fact that you came here with the intention of seeking asylum.
I remain unfazed by all these surprise regulations, and I’m actually curious as to what they will come up with next.
Remember what curiosity did to the CAT? (a little Convention Against Torture humor, if I may)
I think I’ll find something else to be curious about instead! 😀
Dear Jason,
I came to the United States in December 2011 and applied for asylum after 45 days of my arrival is that will be a problem in my citizenship interview?
If I understood correctly, I think what Jason is saying is that at most, this could cause more delays for people.
They may just as you to repent/ admit your misrepresentations, and promise never to do it again. ?
may just ask* you
And have to file a waiver, usually a form I-602. It is a very short and sweet form (until USCIS changes it into a 22-page form, like they did with other forms). Almost all asylum seekers would qualify for a waiver, so really, this is just a way to inflict pain on people gratuitously. It serves no other purpose than harming people who have already been granted asylum. Take care, Jason
Yeah, it will probably be a thousand pages long by the time I get there. Or, there will be someone else calling the shots then and undoing all this damage ?.
Probably not, but maybe. Anyway, you can keep it in mind. Remember that a key is what was your intent when you got the visa and entered the US. Maybe you came here and then decided to seek asylum, or maybe you had already decided to seek asylum when you applied for your visa. It seems to me that if it is the first scenario, that is better for you now that USCIS may be making an issue about such situations. Take care, Jason
Thank you Jason, According to your experience any Asylee citizenship denied because the asylum applicant applied for asylum before the 90 days? Thank you
Not of my own cases, but one lawyer I know had a client denied because of “immigration intent.” In that case, the person filed after 90 days. I have also heard about people who have been denied for “lying” on the I-485, under circumstances that were clearly not a lie, but USCIS is bending over backwards to try to implicate the applicant in a fraud. All this means you have to be very careful filing out the I-485. Take care, Jason
I will be very transparent about this because, regardless of whatever law they decided to put in place now, I know I didn’t do anything wrong. The law at the time I applied was that you need to be present in the US to apply for asylum, and do it within one year of your arrival here. No mention of 90 days anywhere. I can’t cater to all these new regulations because someone woke up one day and decided to make people’s lives harder than they already are. Not gonna happen, and I will be saying exactly this if I’m ever questioned on the subject.
This was in response to a different message that I hit reply on. Either way, that’s my stance on this whole thing.
In the end, if you receive asylum, and if this rule affects you, you can get a waiver. My evaluation is that the rule (and the current actions I am hearing about from USCIS) is designed to cause delay and to make it appear that the government is doing something. In the end, at least as far as almost all asylum seekers are concerned, this rule will not block them from a GC or from citizenship. But it could cause them delay, and it is certainly another frustrating and pointless obstacle for people to overcome. Take care, Jason
Thanks for your help.i applied for asylum in July 2015 from newyork and still waiting for the interview.On the affirmative asylum schedule bulletin is saying that now they are interviewing for those who applied from March – August 2015.i applied on July 2015 but yet not get any letter.what do you think how long it takes time for my interview.Btw I applied for Medical reason for my daughter who born here in 2014 and her treatment is still going on and it will take long time for her recovery that’s why her doctor told me to apply for asylum.Now can you kindly tell me what I can do?
NY April 2015 here. No letter. No rush.
Sara can you give me the information source.thanks
Hi Hanif. I meant that I applied in April 2015 and didn’t get my invitation letter, and won’t be rushing them just yet. If they claim that they’ve finished my month when the bulletin is updated next, I’ll check in with them.
I do not know when the interview will be, but I suspect it will be soon – you should make sure all your evidence is submitted so you are ready to go when they schedule you. If your daughter’s illness is relevant to your case, you can give info about that to the asylum office. Take care, Jason
Thanks Jason,actually my case is totally relevant with my daughter. Already I submitted all papers to the asylum office through my lawyer.Still I have one medical records that I don’t submitted because it’s huge.i talked with my lawyer and she told me when you get the letter about interview then she will submit the last medical records to the asylum office.