The One Year Bar and LGBT Asylum Claims

Richard Kelley is the  Legal Program Coordinator for DC Center Global, an organization focused on supporting LGBTQI asylum seekers in Washington, DC. Most recently, Richard was a Senior Associate at the DC Affordable Law Firm, practicing immigration and family law. He is currently an associate at DLA Piper (USA). His full biography can be found here

Contact Richard Kelley at richardkelley@thedccenter.org.

Richard Kelley

In 1996, the United States Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which fundamentally changed the landscape of asylum law.  Most notably, IIRIRA created a new requirement that those entering the country had to apply for asylum within one year of arriving in the United States. This one-year bar has created exceptional challenges for individuals seeking asylum and has had a notable impact on LGBTQI asylum seekers in particular.

LGBTQI asylum seekers may miss this rigid one year deadline for several reasons: Insecurity about, discomfort with, or lack of openness about their identity; fear of being identified as LGBTQI or being “outed” as LGBTQI in their home country or in the immigrant diaspora within the United States; immense emotional and psychological trauma caused by experiences related to their LGBTQI status; or even lack of awareness that they can pursue asylum based on LGBTQI status.  Individuals can often find themselves still exploring whether to apply for asylum based on sexual orientation even after one year has passed.

Those asylum seekers who are aware of the one-year bar may not know that it is not absolute. There are two ways that an asylum seeker can overcome the one year bar to asylum: (1) the existence of a changed circumstance which materially affects the applicant’s eligibility for asylum, or (2) an extraordinary circumstance related to the delay in filing the application within the first year of entry. If an asylum seeker is able to demonstrate that he or she falls into one of these two exceptions “to the satisfaction of the asylum officer,” the applicant must then show that the application was filed within a “reasonable period of time” after the changed or extraordinary circumstance. See INA § 208(a)(2)(D); 8 C.F.R. § 208.4(a).

What can be a change in circumstance?

If asylum seekers can show “the existence of changed circumstances which materially affect the applicant’s eligibility for asylum,” then they will only have to show that they applied within a reasonable period of time after the change in circumstance. The regulations indicate that a change in circumstance may include changes in conditions of the home country; changes in the applicant’s circumstances (including changes in applicable U.S. law and activities the applicant becomes involved in outside the country of feared persecution); or, if the applicant is a dependent in another person’s pending asylum application, the loss of the spousal or parent-child relationship. See 8 C.F.R. § 208.4(a)(4).

For LGBTQI asylum seekers, this can take many forms. For example, if an asylum seeker’s home country recently passed legislation that criminalized same-sex relationships or same-sex advocacy, or otherwise targets LGBTQI individuals, this could qualify as a change in circumstance. Additionally, a major change in how the country, including its police force, treats LGBTQI individuals could be a change in conditions at home. Unfortunately, many countries have had discriminatory laws on the books for years, even decades. Some laws banning same-sex relationships are holdovers from colonial rule. Much more likely for asylum seekers is a change in personal circumstances. Potential changes in circumstance could include being “outed” as LGBTQI at home, getting actively involved in LGBTQI advocacy groups, marrying a same-sex partner, or for transgender individuals, going through transition efforts, particularly gender-affirming surgery. The important thing for asylum seekers to understand is that it is critical to explain how this change in circumstance materially affects one’s eligibility for asylum. Or stated differently, why does this new event create a reasonable fear of persecution that did not exist prior to the event occurring?

What might be an extraordinary circumstance?

A second option for asylum seekers who are not applying within one year of their entry into the United States is to demonstrate that there is an extraordinary circumstance related to the delay in filing the application. The regulations suggest several potential extraordinary circumstances that could justify a delay in filing, including serious illness or mental or physical disability, legal disability, ineffective assistance of counsel, maintenance of Temporary Protected Status or another lawful status, or a technical error. This list provided in the regulations, like the list of changes in circumstance, is not exhaustive. See 8 CFR §208.4(a)(5).

LGBTQI asylum seekers can find themselves in situations where they may be able to demonstrate extraordinary circumstances related to their delay in filing. Perhaps the biggest group of asylum seekers who miss the one-year deadline are individuals who come to the United States on student visas or other temporary visas, and during their time in the U.S. either come out publicly or engage in advocacy around LGBTQI issues that subsequently creates a reasonable fear of returning home. In addition, an individual who enters the country as a minor (under the age of 18) may be able to apply because of legal disability.

Many LGBTQI asylum seekers may also have experienced trauma in their home country due to their identity. Some advocates have argued successfully that this is an extraordinary circumstance that justifies an application outside of the first year. Matter of J-A-, A XXX-XXX-234 (Arlington Immigration Court, April 27, 2012), was an important step forward in this area. The advocates in Matter of J-A- successfully argued that extreme sexual and physical violence against J-A- because of his sexual orientation caused extreme and chronic PTSD, which justified his late application (nearly 10 years after his entry into the United States).  This, combined with the fact that he entered the U.S. as a legal minor, led Judge Bryant of the Arlington Immigration Court to conclude that there was an extraordinary circumstance justifying the late filing. But it is important to note that arguments relying on PTSD or other mental health conditions are not always successful. However, rulings like the one in Matter of J-A- give hope that the law might actually catch up with the reality of the psychological impact caused by severe persecution based on LGBTQI identity. Again, the important thing for asylum seekers to focus on here is how the extraordinary circumstance directly caused the delay in filing.

What is a reasonable period of time?

If asylum seekers are able to show that there has been a change in circumstance or an extraordinary circumstance, they are permitted to file the asylum application within a reasonable period of time.  There is no specified reasonable time in IIRIRA, but the simple answer is that one should file as soon as possible.

So, while the one year bar can be concerning to asylum seekers and has been particularly harmful to LGBTQI asylum seekers, there is hope.  While other options, like Withholding of Removal, may be available to individuals outside the one year bar, it is incumbent upon asylum seekers and advocates to make every effort to help the adjudicator understand the complexities faced by the LGBTQI community and to build effective justifications for filing for asylum outside the one-year period. The exceptions provide some hope to an otherwise devastating change in the immigration law.

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149 comments

  1. Hello Jason,
    Kindly advise on how to include my kids currently in US under my timeline for asylum application process.The kids arrived 2 months ago from third country.
    I have an EAD with pending assulym and I did include my kids during initial application process.

    Appreciate your prompt response as usual.

    Regards
    Brown K

    Reply
    • If the case is still pending, you can add them (assuming they are unmarried and under 21 years old). You have to contact the asylum office about the procedure, as it sometimes varies by office. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason

      Reply
  2. Hey jason, i wanted to ask you about a recent rule by a federal judge in the matter of Mendez-Rojas v. Johnson Does it only cover the class members or could it help other asylum seekers who arrived to the USA legally with a visa but have missed the deadline to apply for asylum for more than 7 years. For instance venezuelan students who arrived to the USA with an F1 visa but during the course of their studies conditions in their country changed dramatically to the worst and many feared returning specially those who had graduated as journalist in their countries. During their studies in the USA, the venezuelan regime ordered venezuelan banks institutions to decline credit card transactions made by venezuelan students all around the world making them unable to pay for their tuition and housing. Most were not able to complete their programs therefore making them unable to maintain their legal status as they feared to return home
    Many atrocities of the venezuelan regime are documented in the 2017 human rights report issued by the US department of state.
    Anyhow, here’s a link to the federal judge ruling, hope you can shed a light on it, thanks beforehand. You’re doing an amazing job!

    https://www.americanimmigrationcouncil.org/news/district-court-issues-favorable-nationwide-ruling-behalf-thousands-asylum-seekers

    Reply
    • I do no think this case would apply to the situation you describe – I think it helps people who came to the US and expressed a fear of returning home, but did not file the asylum form. They passed a credible fear interview, were sent to court, but did not file for asylum within a year (because no one told them about this rule). In your case, you might argue changed circumstances, since country conditions changed. Also, if the person in your case maintained lawful status in the US, he/she can argue extraordinary circumstances, in that the person was lawfully in the US for the whole time. Aside from the above article, I wrote about the one year bar more generally, and these exceptions, on January 18, 2018. Take care, Jason

      Reply
      • I didn’t quite understand the last part. My friend maintained lawful status from the moment he entered to the country in 2009 and fell out of out of status late 2012. He went into absolute depression feeling like a failure and fearing he would be deported at anytime and sent back to a country turned into communism, his mind literally shut down because of the whole situation. He never went to a therapist but there are housemates who can attest he became recluse in his room. Are you saying that having maintained lawful status all those years until he fell out of status late 2012 would be considered by the judge as something positive? What about the rest of the years he’s been out of status until present day? IF he hires a lawyer, is the lawyer who would do all the arguing with the judge or would he have to speak to the judge. During his years out of status he has become very americanized, learned english very. Do you think a case like his would be given priority and processed fast or would it take years?

        Thanks a lot for your input 🙂

        Reply
        • He will need to deal with the one-year bar, and letters from roommates are not as helpful as letters from professional therapists. They are better than nothing. I do think a lawyer would help with this – the lawyer should make a legal argument, but also give him advice about what documents he needs to strengthen his case. As for the time frame, my theory is that one-year bar cases will almost always be interviewed quickly under LIFO, but I could be wrong. The time frame for such cases is really not predictable (though I hope to post some preliminary data from the asylum offices later this week). Take care, Jason

          Reply
  3. Hello Jason, will the recent judgment by the AG affect asylum applicants based on FGM? Is FGM deemed a domestic violence?

    Reply
    • It might, but there is independent precedent about FGM, and I don’t think the new decision will be interpreted that broadly. Of course, the decision does give IJs and asylum officers license to deny a broader range of cases, but I do not think they are such lemmings. At least, I hope they are not. Take care, Jason

      Reply
  4. Hi Jason,
    I am a gay woman from Brazil. I fled home after years of harm and when I arrived in US I was not able to reach out for help due to the trauma I had suffered in my country. I came out as a gay women last year and I have been seen a therapist for about 3 years. She helped me accept myself. I was in the closet my whole life. I was also beaten by my parents to stop been and acting like a boy. And before I fled I was threatened at gun point by a police officer who is a father of my than-girlfriend back in Brazil.
    My therapist told me that I might be able to get asylum. I met with a lawyer and she said that a have a very strong case. We applied in March of 2018. I have an interview at the end of this month in Boston. Do you have any advices? Have you heard anything about Boston office? I am just a little worried about the one year bar.
    Thank you for the amazing and encouraging blog. God bless you!!!!

    Reply
    • Substantively, it sounds like a good case, though a recent decision from the Attorney General (called Matter of A-B-) may make it a bit more difficult (it is unclear, at least to me). However, even a good case can lose due to the one-year bar. I would try your best to get evidence about the reason for the delay (letter from therapist and other witnesses who can explain about the coming out process, for example). Hopefully, the lawyer can give suggestions for your particular case. I don’t know much about the Boston office, but good luck. Take care, Jason

      Reply
      • Thank you for replaying 🙂
        I have a declaration from my therapist. The “coming out” letter should be from what kind of witnesses?
        Thank you again

        Reply
        • People who know about it – friend, family, whoever has knowledge of this and will be willing to writer a letter. Take care, Jason

          Reply
          • Hi Jason
            They accepted my circumstances from one year bar. But they sent me to an Immigration Court saying that I faled to file my application within a reasonable period of time given those circumstances. I filed my application 7 months after those circumstances trough my lawyer. Do you think the IJ will be tuff as well on that? It took so long because I found a non profit organization and they were trying to find me a lawyer.
            Everything else on my case was accepted.

            Thank you

          • The one-year bar issue and filing within a “reasonable time after the changed circumstances” are very important issues, and I do think you will need to address those, with evidence, in court. The excuse you have (waiting for a pro bono lawyer) may or may not be good enough. I think it depends on the judge and the circumstances, and so the more evidence you have on this point, the better. Take care, Jason

          • Hi Jason,

            Great news! My asylum was approved by IJ last week. Not even 20 minutes in court. I am beyond happy and relieved.
            Take care!

            BG

          • Congratulations – That is great news! I did a post that might be of interest on May 16, 2018. Also, we did one on December 15, 2021 that applies. Take care, Jason

  5. Dear Jason,
    I arrived in the United States in 2016 on an F-1 Visa, I traveled out of the country in October last year to Canada on a school trip and November, 2017 to Mexico to renew my visa. I came out to my parents and family, they were infuriated and cut off my funding, and now cant pay my tuition, I fell out of status. The mandated me to go for curing and deliverance and if i object hand me over to the authorities on my return. In my country, gays are lynched and gay relationships are outlawed, and criminalized. The Government backs such actions, and the police can also arrest and charge such individual to court. I am afraid to go back. Can I still apply for asylum, and does the one year bar apply to me, since I traveled out of the US last year and my passports inspected at the border. Does that count, or can I use extraordinary circumstances since i maintained status pending when I filed my application?

    Reply
    • The one year is measured since your last entry, so you should be fine as long as you file before your one-year anniversary of arrival. This does sound like a strong case. Talk to a lawyer to better evaluate the case. Take care, Jason

      Reply
  6. Good morning,
    I would like to ask your opinion about the potential of this circumstances into the asylum case:

    A lawyer specialist in criminal law from Central America was doing her own business, during that time she did a great job, she also defended individual cases from the Gang, but because of her great job, the Gang wanted her as part of their “legal staff” (which means forever) and the option was that and keep doing a great job or died, she moved to US and she is seeking an asylum, she has police reports for that threat and reports of senators and Majors supporting her bad experienced; do you think she can be granted with asylum?

    Best regards,
    Bravo.

    Reply
    • What’s tricky with this case is the particular social group. The US government may view it as a gang recruitment case, and those are very difficult to win. It is not a standard recruitment case, however. Maybe the PSG could simply be “criminal defense lawyer,” if you can show that other such lawyers are targeted by the gang. My sense is that this would be a strong case, but legally, it is going to require a bit of work to make sure that it fits within the framework of asylum. Take care, Jason

      Reply
  7. […] The One Year Bar and LGBT Asylum Claims (The Asylumist Blog, Feb. 2018) [text] […]

    Reply
  8. Hi Jason!

    No important news about our case, I’ll keep you updated.
    However, we found a new lawyer and we will probably hire their firm and try and get back some of our money from the previous one as their office didn’t know the law very well when they accepted our case as the contract was signed for the asylum interview which we didn’t have due to jurisdiction and they supposed to know that in advance (it’s in the i-589 instructions clearly).
    A little more insight into our case as of right now I’m losing hope:
    Me and my spouse are LGBT , came to the US 6-7 years ago under the visa waiver pilot program from the EU and found much safer to live here than back home.
    We’re from the European Union but unfortunately from the former eastern bloc which is still stuck behind regarding our community and protection from discrimination. Same sex marriage is constitutionally banned and there is no option for joint adoption. (Constitutions of Armenia, Bulgaria, Croatia, Hungary, Latvia, Moldova, Montenegro, Poland, Serbia, Slovakia and Ukraine recognizes marriage only as a union of one man and one woman.)
    As per our previous attorney, they said we have a strong case and evidence not for actual physical but emotional abuse and severe discrimination from mostly the government and peers/society. I don’t know if that will be enough for the court.
    Or the judge will question whether we could relocate to a different european country (there are countries where same sex activity and marriage is legal in EU) but our family could easily drag us back from neighboring countries and we wanted to be as far as we can.
    We happened to be here when we met and finally came out and we found the community here in NYC, got married and didn’t want to go back after that, so we applied after our marriage took place.
    We’re active in the community and we have affidavits and letters from medical experts as well about what we’ve been through and why we didn’t apply for few years. Technically, on visa waiver we had 90 days to apply not one year.
    We were even in a leading magazine and media in New York about LGBT rights as well as we have many pictures together, memberships in related agencies and groups, we’re participating in pride events which we couldn’t do in our origin country.
    Now we’re waiting for MCH in June with Judge Paula Donnolo (she’s new, judge since 2017, no reports on her)
    Do you think we will get priority for individual hearing since we’re not in removal proceedings but asylum-only or there is no correlation?
    And do you think there is a possibility for EU citizens to win asylum in the US?

    Timeline:
    Applied for asylum in NYC: 2015 may
    Received application: 2015 june
    Interview (no interview): 2017 December, referral on same day for asylum-only hearing
    First court date for master hearing: 2018 june

    Reply
    • I think you will have to contend with the filing deadline, but otherwise, it seems like a good case. Even if you can relocate to another part of the EU, you would not be “firmly resettled” there unless you had been there before or had an offer of permanent status there. I do think you will need to have good evidence of country conditions, and how it is dangerous for you, especially as a married couple. It seems to me that there is a decent case here, but it may require some work. Of course, it will also depend on the IJ. Take care, Jason

      Reply
      • Thank you for the prompt answer as always!

        Reply
  9. Hi Jason,

    After being abused, kidnapped, persecuted by government due to my sexual orientation I fled my home country with my girlfriend in 2012. I was depressed with consistent fear and anxiety and could not even imagine that one of us could apply for asylum, until our friend told us about that. So 2 years after arrival to the USA I came to the attorney at law to start the asylym prossess. I had hardship talking about my past that’s why he advised me to start seeing a psychologist. In 7 months I filed my immigration application, and at that time I already married my girlfriend (she is a family member in my case). Month ago I had an immigration interview and my case was referred to the court because of one year issue. ( Even though I had letters from my doctors, 500 hundred pages of my medical record, letter from human right organization representative, medical affidavit from human rights including imagis of scars, and background about my home country). Now our attorney insists on filing another case for my wife, saying that I’m gonna get a withholding of removal and she will be illegal here again. My questions are:
    1. What are the chances to be granted a political asylum in court in this situation?
    2. Can my wife file for asylum in case I get withholding of removal?
    3. If I get withholding of removal can I file an appeal?
    4. If my wife files now wouldn’t she have the same one year issue problem?

    Thank you,
    K

    Reply
    • 1 – You should have a chance if you have good evidence explaining why you did not file in a year. It sounds like you do have good evidence, but you never know how such a case will turn out, and so it makes sense for your wife to file her own case (if you win WOR, she gets nothing unless she has her own case). 2 – Yes, but if she is your dependent, she is probably also in court, and if so, she needs to file with the judge. 3 – Yes. We once lost a case very similar to yours (she got WOR, not asylum despite evidence that she had trauma preventing her from filing within one year). On appeal, we won, and she was granted asylum. So it is possible to win such cases, preferably with the judge, but also on appeal. 4 – Probably, but in case you cannot overcome the one year bar, at least you will both get WOR. Take care, Jason

      Reply
  10. Vous faites bien de signaler linstrumentalisation (une de plus) de la majorité des LGBTQI () dans ce dossier: très peu sont conscients de cette instrumentalisation dans le fond, hélas!

    Reply
    • Amalia,
      Tu m’as fait rire à éclat lorsque j’ai vu ton commentaire en Français. Je suis dit: oh lala le pauvre mec n’a meme plus le temps de reflichir en Anglais. Je te jure que ce stress peut te rendre fou mais tenons bon

      Reply
  11. Hello sir
    I filled asylum in oct 2015 as a lgbt . I came Usa with c1/d visa and I enter in the land with d1 landing permits because of I fear that I will be beaten or killed by Indian community members becouse I am gay and I refused to marry a woman and also homosexuality is illegal in India. Still I am waiting for my interview date. My question is can they deport me from asylum office or my case will be go in a asylum court your answer would be helpful for me I m really stressing out every day. I didn’t even recover from my post traumatic experience back

    Thanks so much

    Reply
    • I think you should check the instructions to the I-589 asylum form – available at http://www.uscis.gov. I believe C and maybe D visa holders are treated differently from other asylum seekers. If you review the instructions, I think that issue is covered. To answer the question, you cannot be deported without seeing an immigration judge and having a chance to present your claims for relief. Take care, Jason

      Reply
  12. Hi Jason,

    My fiancé and I applied for Asylum in 2017 and he got work permit last week. We are on OPT status and has SSN as we are eligible to work on OPT. When we received our Asylum work permit and SSN from attorney office last week, My finance SSN has different number with what he has before. And mine is same in old and new SSN.
    My question is,
    1. How can someone open our SSN and just mail the SSN and work permit card?? Even though he is an attorney?
    2. Can someone have 2 different SSN? But what we observe is!! Middle name is not completely mentioned on the new SSN but first and last names are correct.
    3. We asked our attorney, and he responded saying that happens to many people and one can have 2 SSN’s. He ruined our life by applying Asylum instead of U Visa and now what ever we ask he is not responding properly.

    We are in such a bad situation where I cannot explain how we are even going through all these.

    Is there by chance we can cancel asylum saying It’s all attorney’s mistake ruined our life but we do not have any threat from our home country..

    Reply
    • 1 – I do not understand your question. 2 – No, I think a person should only have one SSN. You need to contact the social security office about that. 3 – I do not think that is correct, but I do not know a whole lot about SSNs. Given what you are saying, you might do well to talk to a different attorney. There is no easy way to cancel asylum, but you might be able to correct things and file the U visa. Maybe a different attorney can set things right. Take care, Jason

      Reply
  13. Hello Jason,
    I have a pending asylum case.I applied EAD based on asylum after 150 days elapse on 7-Feb 2018.However I have not received any acknowledgment notice and I am in darkness regarding my EAD application status.Do you think this is normal or should i do the follow up after180 days.Do you have any online link or contacts which someone can follow up his or her application.

    Many thanks in advance and looking forwad for your help.

    Regards
    Brown

    Reply
    • It can take up to 4 weeks to get the receipt, so I think it is too soon to worry. Take care, Jason

      Reply
  14. Hi Jason,

    USCIS called to cancel my interview which was supposed to be next day. Is that normal? I’m waiting for more then 3 years for the interview and now it’s cancelled.

    Reply
    • It sometimes happens, though usually it happens after you go in, so I suppose getting a call is better than showing up and then having it canceled. Usually such interviews are rescheduled in a matter of weeks, so hopefully, yours will be too. Take care, Jason

      Reply
  15. Hi Jason,

    I have a friend who recently applied for asylum based on FGM at the Arlington office. Her in laws are demanding that her US citizen daughter be circumcised. She submitted along with her application, a letter from a medical doctor here in US confirming that she was circumcised, she was also able to obtain duly notarized affidavits from her sisters-in law and her husband’s cousins who were circumcised/have their daughters circumcised respectively.
    Are these documents enough? What else do you think she could do? Please advise

    Reply
    • These documents sounds helpful for the case. She can also get evidence of the conditions in her country, whether the government can and will protect her daughter, any other harm she faces in her country. I do not know the case, so maybe there is other evidence she should get too. She can talk to a lawyer to evaluate the case and help with evidence. Take care, Jason

      Reply
      • Thank you Jason. My friend is from Nigeria. She submitted along with her application the USHR report indicating that female circumcision is prevalent in her country and that although there’s a law criminalizing same, the government is not really taking steps to bring perpetrators to book as the practice is still very rampant. Regards

        Reply
  16. Hi Jason
    May you stay blessed with prosperity and good health.
    I have applied the EAD for my kids and wife right after their fingerprints , as i have added them in my pending asylum case. but my lawyer said they may reject it and then i can reapply after waiting 180 days.What are their chances for acceptance as they should b following my time line. Are there any chances for rejection?
    Thankyou

    Reply
    • If you added them to your case, and you are eligible for the EAD, they should get the EADs as well. At least that is how it should work. Let us know what happens, as that will help others. Take care, Jason

      Reply
    • From my personal experience, if you spent more than 150 days since you had applied, USCIS should not reject their applications. I added my wife and kids and a week after they got their fingerprints they applications were approved and cards were issued just in less than a month

      Reply
      • Hi Broken
        Did you apply for your wife and kids after 180 days from the date of fingerprints or right after the fingerprints?
        thank you in advance and good luck for your case.

        Reply
        • Hi Ali,
          I am so sorry for late ply. I actually applied for them just soon after fingerprints

          Reply
  17. hi jason! I am highly concerned about the thing, I filed the asylum case just 2 months before and I already got the interview date and I have filed the case after two years because I didn’t get any effective assistance of counseling, and I was in tamporary student visa, along with that I was mentally and psychologically upset because of the political unrest in my home country, that’s why I filed the case late, are these going to be effective causes to show in the interview? next month is my interview what should I do now?

    Reply
    • You should try to get some evidence about the reasons for the late filing (mental health report, evidence you had ineffective assistance of counsel, etc.), and about the other aspects of your case. Also, it would probably help to have a lawyer to present your argument for why you meet an exception to the one-year rule. If you do not have time to compile the documents, you can contact the asylum office and ask for a new interview date. You can find their contact info if you follow the link at right called Asylum Office Locator. Usually, they will only give you a few weeks, but if you need more time, that may help. Take care, Jason

      Reply
  18. Greetings Jason and fellow Asylee
    Thanks so much for your blog and information.Everytime I come here,it gives me hope.Though the waiting process is filled with too much depression and trauma

    My pending application was received in Nov 2017
    Did finger print in Nov 26th 2017
    I have not gotten EAD yet.
    With the new law,i don’t know for how long I will wait.im separated with my husband and son.
    Please when do you think I can apply for EAD and don’t know for how long I will expect my interview.
    Thanks

    Reply
    • you may get an interview in few months..be prepared for that. some offices are already scheduling cases filed in December 2017 and it goes backward,..you may be scheduled just next month..

      Reply
    • I do not know when you can expect an interview, but it will probably be faster for you under the new system. You can also try to expedite the case – I wrote about that on March 30, 2017. As for the EAD, you can apply 150 days after your application was received (the date on your receipt). Take care, Jason

      Reply
  19. Hi Jason,

    I live in Colorado and I filed my cases in the Houston office in 2017. My question is: Is my interview going to be place in Denver, Colorado or I need to fly to Houston for being interviewing? Thanks

    Reply
    • The asylum officers travel to different cities to do interviews, and I would not be surprised if they went to Denver, but I really don’t know, sorry, Jason

      Reply
    • Hi Rox,

      What is your timeline? When exactly in 2017 did you apply and any updates? Did you get an interview date yet? did you expedite?

      Thank you!

      Reply
  20. Dear All !

    I am asylum applicant and live in DC. I have my EAD and I am trying to find professiinal jobs based on my background. Are there any charity organization or others who sponser people like me to take short term professional trainings or courses?

    Regards,
    J.

    Reply
    • Yes,
      Check with your local county “work force office”. Here is the link to DC: https://does.dc.gov/

      In California, they have offered me to provide a training in truck driving. The income was around $5000 a month. I decided to choose another route at that time as I have better qualifications to do jobs better than driving. However, you need to check with them. I prefer to give them a visit. By face to face, you can negotiate, as initially they can reject you as you are not a US citizen or LPR. That happened to me, they rejected me, and then when I explained how bad I needed to work, and that I am the only bread winner and taking care of my kids and family, hey helped me a lot. They were very understanding and helpful

      Reply
      • Please can you help me with a link to New Jersey and can you kindly put me through, though I’ve not gotten my EAD but I’ve been thinking of how to get a good job and any idea of a course I can take because I have no one to put me through that phase.
        Thanks

        Reply
        • I am not an expert. I was just jobless at that time, and sought the “work force office” help. You can google it (work force office in NJ). it shows the first result

          http://lwd.dol.state.nj.us/

          again, these offices are responsible for permanent resident people who loses their jobs. So they can help them in getting their rights. Since we are non-residents, they are not required to help us. But when I met them face to face, I explained to them that I am asylum seeker, and explained how the process is killing, and that I have kids to raise and family to take care of. They were very (human) and showed the ultimate willing to help.

          Wish you all the best

          Reply
      • Thank You Ertugrul. I will definitely contact them

        Reply
    • I do not know of any, but there could be resources available. I did a post on September 22, 2016 with a link to non-profits in each state (and DC). Maybe you can take a look at the list and see whether there are any that might be helpful. If you find out, let us know, as that would help others. Take care, Jason

      Reply
  21. Hello Jason,
    What is the best way to abandon and close my asylum case. I have no other status other than asylum (pending decision since 5 years). Should I leave the country and then email them from outside to close my case. Or inform them in advance? Do they give me reasonable time to do my personal arrangements like selling my house, quitting the kids schools etc..?

    I decided to trash the 5 years I have wasted in desperately chasing my case. I found it really hard to find some ears that can understand the psychological torture that we suffer. Maybe asylum officers care/don’t care, not big difference since our (pending asylum seekers) life is kept within the black hole of “vague background check”..

    I would like to thank you though, your blog was my real lead all over these years. I feel sorry for the amount of non-qualified lawyers who destroy others lives by silly mistakes (like not educate clients about TRIG before the interview)

    Reply
    • There is no easy way to close a case. If you leave the US, you can go to the US embassy in the new country. They can give you a form. You complete the form, and you can email it to the asylum office and ask to close your case. You might also try sending them your passport stamps or other evidence that you left. The problem is that this does not always work, and you may not know whether it works or not. Before you go, I recommend you change your address to a friend’s address, so at least you can receive any mail that they send you after you go. I am sorry that the system was such a failure for you. It is very disappointing, but I wish you good luck in your next endeavor, Jason

      Reply
  22. After interview how long it takes time to update the z number on the net?

    If it is approved.

    Thanks

    Reply
    • It never get updated online

      Reply
    • There is no time frame. Some cases get a decision in a few days; other cases take years. These days, most cases are resolved within a few months. Take care, Jason

      Reply
    • When your case is approved you can check

      Reply
  23. Mr Jason,
    Greetings..
    I am an asylum seeker in Virginia and my daughter is also on my application.I was informed today by the local community college that my daughter as per USCIS guidelines is not eligible for full time admission as her visa status is still considered B1/B2. Asylum seeker is not considered eligible for college admission by them. had been trying to qualify for in state tuition since we have been in statefor last 3 years and paying taxes. She has secured very good GPA and SAT scores and got admission from Radford as well as Virginia Tech universities. But we could not afford the out of state fee so we decided to opt for community college for some time and then get the credits transferred but today I am being informed that she might be denied to get education.
    Regards
    Amit

    Reply
    • Our clients with EADs are normally able to attend college. They pay out of state tuition, but they can attend. You should talk to different colleges if the one you spoke to did not allow her to attend, as some (most?) colleges allow asylum seekers who have an EAD to attend college. Take care, Jason

      Reply
    • Hi Mr Amit, I read your comment. I had same issue and my kids were not able to attend the community college. They applied twice but were not accepted. Then I applied online for the college for them and they got acceptance letter via email. First we had to pay full fee as international student. We are living here for 2.5 years now with asylum pending case. So I also show them that we are looking living in the same county for over 1 year now and now they have to pay the resident fee. Just try applying online because usually the consultants have no idea what they are doing and they won’t listen to you.

      Reply
    • Hello, I have been through the same situation. I had a good GPA so I applied for scholarships in bigger universities. Try applying for private universities as they have financial aid for asylum seekers especially if they have good grades and activities. Best of luck

      Reply
    • I had the same issues- its only in Virginia- but i have my friend he moved to Seattle there he can attend college- so try different state-

      Reply
      • There are different issues here to be discussed. I write here from my personal experience with universities/admission/financial aid, etc.

        0. What types of financial aid exist for colleges?
        Federal, state and private (from the university or other sources).

        1. Can asylum seeker (pending asylum) get admission to a university?
        Yes, no school can deny your otherwise qualified application just because you are an asylum seeker.

        2. Can asylum seeker qualify for federal financial aid?
        No, Title IV federal financial aid (including loans) is not available for asylum seekers (only US citizens, green card, asylum granted, and refugees).

        3. Can asylum seeker qualify for school’s financial aid (i.e. school’s money mostly coming from private donors).
        Depends on school’s policies. Generally, various private scholarships may be available for any students. Hence, if a person with pending asylum status gets admission to a private university, they are generally more likely to receive a better financial package because those schools have more private donations.

        4. Can asylum seeker be considered an in-state student (and charged in-state tuition).
        DEPENDS greatly on state, whether state administration and college administration is knowledgeable on the subject (the law may permit you to be in-state, but college workers may not know it/understand it).

        5. In what states can asylum seeker FOR SURE be a resident for tuition purposes (provided they fulfill other requirements like living enough time in the state, etc.)?
        CA, FL, NY – for sure.
        WA – the law says yes, but in reality most school administrators don’t know it.
        Other states – maybe, I haven’t researched it in-depth.

        6. Why do some states consider asylum seeker residents for tuition purposes?
        When looking at immigrants’ status, some states consider persons “permanently residing under the color of law” (PRUCOL) to be eligible for state residency for tuition purposes. The problem is a lot of immigrant categories fit PRUCOL (asylum pending, withholding of removal, DACA, etc.), and a lot of times state legislators don’t know anything about immigration. When they prepare their rules and guidelines, they may add some immigrants into PRUCOL, but forget about others who are eligible. Try researching your state education laws to find whether PRUCOL are eligible for state residency in you state.

        7. What about state financial aid for asylum seekers?
        Again, depends on whether state allows PRUCOL to be residents and receive financial aid from the state.

        Reply
  24. Hi
    I applied for asylum in December 2017 and had the biometric appointment in January 2018. Does this mean i’m gett the interview very soon?
    I’m currently having the EAD card (OPT and not renewable). In April I’ll apply for a new EAD for asylum applicants. Is this considered a new EAD? Or it’ll be like renewing my EAD?

    Thank you very much. You spend time answering people’s questions although they aren’t your clients and that’s really impressive and nice of you.
    Have a wonderful day/night

    Reply
    • You may get an interview soon, but no one really knows, as we do not yet know how the new system will work (or not work). In case you do, make sure that your case is ready to go. As for the EAD, it will be your first EAD based on asylum pending, and so you do not pay the fee. Take care, Jason

      Reply
      • Thank you for responding. I appreciate it. Does the initial EAD take 6+ months?

        Thank you again!

        Reply
        • For most people, the initial asylum-pending EAD takes a month or two. Renewals usually take 6 months or more. Take care, Jason

          Reply
    • Hi Jemey,

      What was your timeline? When exactly in December did you apply? Also, what office? Any updates? Did you hear back about any interview dates? Did you shortlist or expedite?

      Thank you!!

      Reply
  25. Hello Jason,
    Is the asylum office in San Francisco gonna be open on President’s day, February 19th? We want to inquire about our pending case, but what is the best way to do that? I mean do we just ask the people at the information reception since all they say is that the case is pending.

    Reply
    • They should be closed on President’s Day. You can send them an email or call (or go in person another day). You can find their contact info if you follow the link at right called Asylum Office Locator. They typically do not give much info on the status of your case, and there is not really any effective way to get such info. I suppose you can also contact the USCIS Ombudsman – maybe they would tell you something more, though I would not be surprised if they didn’t. Their contact info is at right. Take care, Jason

      Reply
  26. Hi Jason thanks for the help as always.
    what’s your say on this

    http://www.miamiherald.com/news/local/immigration/article199481549.html

    Reply
    • The Trump Administration had made its views on immigrants pretty clear – it hates them and will do anything to block them and keep them isolated and not integrated into the larger community. This is part of the patterns. However, the proposed restrictions on GCs for people who get public benefits will not apply to people with asylum or refugees (as far as I understand things so far). Take care, Jason

      Reply
      • Thanks Jason
        God bless you and your family!

        Reply
  27. Dear Jazon,

    I read in an article (not sure which one in particular) where you highlighted the fact that FGM cases are accorded different treat from different ‘jurisdiction’ (not the exact word) in the US.

    Perhaps some ‘jurisdiction’ are more lenient than the other. Is there a thing a thing like that, if yes, kindly provide me few details about this or refer me to an article on this.

    Thanks

    Reply
    • I don’t know the article. I believe the US Court of Appeals for the Eighth Circuit, which covers a portion of the US (in the mid-West) has a favorable decision about parents seeking asylum based on fear that their daughter would suffer FGM. I do not remember the details, though. So if that is your case, it may be better for you to apply within the Eighth Circuit. This is the type of thing you would want to ask a lawyer to research, though, as the law may have changed or your case may not fit within the parameters of that court decision. Take care, Jason

      Reply
  28. Dear Jason I have a pending asylum application I came to the US from Lebanon fleeing militants and fear and harm and personal persecution I am receiving some emails from my friends & family that the militants are asking about me ,ecp recently things there are not good.will the emails help in the interview as there is no way I can have my family & friends get the documents notarized there cause this will put them in danger .what do u suggest ? Thx. Ziad.

    Reply
    • The emails will help. It is better if they can also write a letter, sign it, and scan/email it to you with a copy of their ID. I wrote about witness letters on August 16, 2012 – maybe that would help. Take care, Jason

      Reply
      • Thank u Jason I read the article and it’s very helpful so emails with ID attached will help ?

        Reply
        • I think that is helpful. I prefer signed letter, but emails are also good. Take care, Jason

          Reply
  29. Hi.i live in New York. My case is in immigration court New York. i want to move to Buffalo NY. if i move to Buffalo NY than can my case will be in same court in New York or it will be shifted to Buffalo immigration court? i want to keep my case in same new york court.kindly guide. thanks.

    Reply
    • How long you have to wait for your Individual Hearing, after Master Hearing? Thank & appreciate. I’m waiting for Master Hearing in June and just wanted to know.
      Thanks one more time

      Reply
      • I also waiting for personel hearing.after master hearing they give the date of 2 years for personel hearing.

        Reply
        • They put my Master Hearing after 6.5 months. I have in June that . So probably I’m waiting to see the judge giving me at least 2 more years of waiting for Individual Hearing?!! More or less idk … and with all this going on right now, hopefully they gonna start making everything faster

          Reply
    • If you are in NYC and move to Buffalo, normally, your case would be moved to Buffalo. If you are in court and have a lawyer, the lawyer might ask the judge to keep the case in NYC – that is possible too. Take care, Jason

      Reply
  30. Hi everyone,

    Does anyone know if a pending asylee can get a home loan?

    Thanks.

    Reply
    • I was recently in Bank of America asking for that. The mortgage specialist and he said yes but it also depends on a country. I am not tps

      Reply
  31. Greetings to you Jason.

    To all of you guys who are waiting, please be patient, pray and stay put of trouble. God will see you through all this. Almost 2yrs ago now i was right in your shoes, but God gave us Jason. I kept reading his articles, asked a million questions and his opinions, and advices kept me going, it gave me hope. I got my approval, goy my green card, and my wife and child came about 9months ago. Glory be to God, and you all should put your trust in him, all will be well.

    Jason, the time is approaching fast for me to file for my wife and son greencards. I still have a few questions.

    1. Am i the one as principal asylee to file for my family change of status. I am a permanent resident now.

    2. Do i file for them as permanent resident, or an asylee?

    3. Do i have to file two separate applications? And if so, do i pay for both?

    4. I will be filing for my citizenship next year. If i wait to file for my family greencards. Can they be citizens before being permanent residents?

    Thanks much Jason!

    Reply
    • Congrats.
      Good news would continue to be our portion. Amen

      Jason, pls can a pending asylee with EAD enroll in a college.
      Thanks

      Reply
      • it depends on what state you are and what school you intend to apply! in my state (Colorado) you can apply for any program or school regardless of your immigration status, but they do not offer in-state tuition. In addition, I am not eligible for any financial assistance nor scholarship. My advice is to wait for your approval and then apply for any college.

        Reply
      • Yes, though in most cases, the person must pay out-of-state tuition. Maybe their is scholarship money available to help – ask the school about that. Take care, Jason

        Reply
    • 1 – Each person must file his or her own green card application. 2 – It sounds like they are asylees and they will file for the GC based on their status as people with asylum (assuming they came here as your dependents based on approved I-730 forms). 3 – One I-485 for each person. You have to pay for each one. If you cannot afford it, you can apply for a fee waiver using form I-912, available at http://www.uscis.gov. 4 – If you become a citizen while they still have asylum, they lose their asylum status (there is a way to get it back, but it is better to avoid that). So do not apply for citizenship until your family members have their green cards. They must get their GC before becoming citizens (however, if your child is under 16, has a GC, lives with you, and you are a citizen, the child automatically becomes a citizen, and does not have to wait for 4 or 5 years like you and your wife – check the form N-600 when the time comes). Take care, Jason

      Reply
      • Thanks Jason! Appreciate it man, God bless you

        Reply
  32. Hello everyone,
    Has anyone lived in a state out of their jurisdiction while pending asylum temporarily for school. Say 1 year. If yes, could you share your experience how you filled your taxes. Sara, you could be knowing some people too. Your response is highly appreciated.
    Thanks

    Reply
    • We have seen this for some of our clients – I always recommend they keep their permanent address in the jurisdiction where their asylum cases is located. That means paying taxes, keeping a driver’s license, etc. at the permanent address. Take care, Jason

      Reply
  33. Hi Jason,
    HI
    JASON,
    I came to the United States by visa, I come from South Africa where I got asylum, I arrived in the United States with a South Africa passport asylum and all of HCR asylum documents, I want to stay in the United States because in South Africa their people don’t like other people like me from to another country. Can I apply for asylum again ??? or what can I do, but the second problem, I lost my passport when I went shopping with my cousin, but I keep the only image of visa. How do you think?

    Reply
    • if you are permanently settled in a third country (your citizenship proves), you are barred from asylum in any other country. I see 0 chance in this.

      Reply
      • THANK YOU, CAN YOU EXPLAIN ME THAT CLEAR PLEASE? I’m origin of the democratic republic of congo

        Reply
        • LOOKING FOR…,

          First, you should know that it’s difficult to fit into any of the categories that is eligible for asylum if you are a native/citizen of South Africa seeking asylum in the US (this is not to say you can’t win asylum if you are a citizen of South Africa). Furthermore, compounding the aforesaid issue is the “firm resettlement” clause (acquiring South African citizenship is evidence of firm resettlement).

          Your case would have been easier had you not acquired the South African citizenship or residency. If you have a substantial amount of evidence that South Africa is xenophobic to the point where you are targeted because of your nationality, or being a foreigner, and can possibly be harmed in South Africa, then you MAY BE eligible. You would just need the “firmly resettled in another country”.

          You would first need to prove that you were born in the original country of feared persecution (a birth-certificate and probably a passport of your country of birth would suffice). More importantly, you would have to prove that the government of South Africa is complicit with the xenophobia (them giving you a passport/citizenship negates this argument), OR the government of South Africa is unwilling/unable to stop the xenophobic threats or attacks. In addition, you would also have to prove that you aren’t able to relocate to a location in South Africa where foreigners are treated differently.

          If the xenophobia is widespread- that is, the xenophobia is not centralized or occur in specific locations- then you can build a case. What would strengthen your case is if you have evidence, for example, that because of you are not native South African, you can’t find jobs or go to school.

          I would, therefore, want to imagine that for you to have a case you would have to prove a combination of the following:

          1. Economic hardship as a result of being a foreigner;
          2. Widespread discrimination, as a result of you not be native South African, such that your freedom was or could be severely restricted. If you can also prove that your life is/was/will be at risk, then this would also help your case;
          3. Government complicity or unwillingness or inability to control the xenophobia;
          4. Your original nationality

          Jason will advise you further.

          Reply
          • “You would just need to overcome the ‘firmly resettled in another country.'”

          • Somehow I missed the original question – If you have a SA passport, it sounds like you are a citizen of SA. If so, you would need to show that you face persecution in SA and in your home country. In other words, you need to seek asylum form both places. This will be difficult. I had a cases that was somewhat similar to your situation and I wrote about it on June 22, 2017. This situation is complicated, and certainly it would be helpful to have a lawyer assist you. As for the passport, you can apply for asylum using only the copy. You should make a police report about the lost passport, though, so at least you have some evidence about that. Take care, Jason

          • Hi Jason,
            I was in SA and get married with a SA citizen but i don’t have a SA PR and we have apply for asylum in the US.
            I’m the main applicant and i was not permanently settled in a third country.
            1- I’ll be barred from asylum?

          • It depends if the US government thinks you are firmly resettled in SA. I wrote about that issue on June 22, 2017 – maybe that would help. Based on what you wrote, it does not seem like you are firmly resettled, but the analysis can be tricky and it is very dependent on specific facts of the case, so you would do well to talk to a lawyer about this. Take care, Jason

          • Hi Jason, thanks so much.
            I have apply for the asylum with my wife and child in. We’re all out of status and our case is still pending.
            1- it’s possible for my wife and child to go back to SA? SA is not my Country.
            2- what will be the consequences if they go back and i stay?

            Thank You

          • If you are the principal and they go to SA, they may not be able to return to the US until (and if) you are granted and then file petitions for them. The could try going with Advance Parole – I wrote about that on September 11, 2017. Also, you may need to explain why you cannot live permanently in SA, in order to avoid the firm resettlement bar. Take care, Jason

    • The officer will ask about your asylum in South Africa
      So and you will say yes.
      You have to explain them why South Africa is not safe for
      You. And have a lot of evidences.

      Reply
    • Hello beloved,
      I read your query a few days back, but I was still struggling to find an article on a case which might be similar to yours.
      I read it some years back, and so searching for it was no easy task.
      Please read this and see if it will be of any help, but as most have said, it all depends on how you explain your situation, and your circumstances is SA, together with whatever evidence you can garner.
      Jason: Sorry if this is from another law firm; I tried finding it on Justice.gov, but I just failed.

      Beloved from DRC, check out this case:
      https://www.courtlistener.com/opinion/787789/zakia-mashiri-v-john-ashcroft-attorney-general/

      Wishing you all the best. please be kind enough to keep the rest of us informed about your case

      Reply
  34. hi Jason

    I applied for asylum and I’m in the status
    If I get rejection without being referred to the court, can I re apply for the asylum ? and file another I 589 ? or how things will go on ?
    or you recommend losing my status so I can have a second chance at the court ?

    Reply
    • If you are still in-status and are denied, you can apply again. Typically, you will lose the second case, since you already lost once, and then – assuming you are now out of status – go to court, where you can present your claim to the Judge. Some people prefer to be out of status so they go directly to court if they lose, which saves time. If you do file a second asylum application, the procedure is different from the first – you have to check the I-589 instructions. Take care, Jason

      Reply
      • thanks, Jason
        can you please in brief tell me how is the second application procedure is different from the first ?
        I appreciate it

        Reply
        • You have to look at the I-589 instructions, but the main difference is that the case is filed in the local asylum office that interviewed you the first time. You do not file at the USCIS Service Center (which is where you file a first-time application). Take care, Jason

          Reply
  35. Hi Jason,
    I would like to correct something I posted on your blog. I mentioned that my family came to the US on humanitarian parole but it was an advance parole instead

    Reply
    • How you were able to get the Advance Parole for your dependents while you case was pending.If you will clarify this I will really appreciate.

      Reply
      • I applied for advance parole for 2 of my kids and my wife to be allowed to enter the US and it got approved though my asylum application had been and is still pending.
        Here is the thing, one of my kids fell very sick while I got all my family covered through my employment-based insurance. I made them understood that from a security perspective, my family members could not be hospitalized and the condition in which my daughter was, was life threatening. So, my application got approved based on medical emergency. My daughter got surgery one week after they entered the US and later I added them to my application which is still pending final decision
        Having part of my family with me is not but a miracle from God

        Reply
        • I am still wondering how you did it. Advance Parole or Humanitarian Parole. Mercy.

          Reply
        • That’s great thing that your family is here . I wanted to ask you one thing : my dad is in a bad condition, he’s sick and it’s on dialysis, 3 days a week he needs to go in hospital for 4h a day to clean the blood. He needs to have a organ transplant . I want to be the organ donor, but I’m refered to the court, so can I apply for my dad Advanced Parole ? Appreciate

          Reply
          • Hey L.F.,
            I’m sorry your dad is unwell. Hope he gets well soon.
            According to the USCIS website:
            “ICE has primary jurisdiction over a person seeking parole who is in removal proceedings in the United States.” Source: https://www.uscis.gov/humanitarian/humanitarian-or-significant-public-benefit-parole-individuals-outside-united-states#Submitting%20Request%20Parole
            Since your case is in court, you are technically in removal proceedings, so USCIS no longer has jurisdiction over your case. You can still submit a request for parole for your dad, and I believe you have a strong reason for it, but you would have to submit it to ICE according to the link I shared.
            Jason will give you the best advice here, as always.

          • You should talk to a lawyer for help. You father would have to apply for a visa normally, and if that is denied, he can try for Humanitarian Parole – form I-131, available at http://www.uscis.gov. Hopefully, a lawyer can help with this process. Take care, Jason

          • L.F,
            I am sorry to hear that you dad has been sick but I think you should only talk to a lawyer. If you need any help in terms of what I did, I will share my experience with you.
            Good luck

          • Talk about that with a doctor here in the USA and have documentation confirming your statement(Your father’s illness) that will be evaluated by one if not two doctors. Then you will need to show to the US government that you have enough money to cover all the expenses if you father was allowed to enter the USA. In this process you need to have a sponsor(US Citizen) to sponsor your father’s trip

        • I’m so glad GOD granted your desires in time !!Rest will be fine too just have Faith !!!! Thank you for explaining

          Reply
        • This sounds like Humanitarian Parole to me, not Advance Parole. But I could be wrong. Take care, Jason

          Reply
          • I am not sure but when I read my application yesterday, I saw that my lawyer requested an advance parole. Be it either of them, I am so existed that it saved my daughter and can partially live family life again. It is worth trying

          • Yes Jason. You are right. This is Humanitarian Parole. Once I-131 get approved he may apply visa. Thats USCIS guidelines say. Simply applying visa, the chances are least. Hiring an Attorney is a better option otherwise it takes weeks and even months.

    • Normally, advance parole is only for people who are in the US and who want to travel and return to the US while a case is pending. Humanitarian parole is for a person outside the US, who cannot get a normal visa, but who needs to come to the US for some emergency reason, usually a health issue. Both applications are done using form I-131. Take care, Jason

      Reply
  36. Hello Jason,
    thank you for all your updates. Your blog has been more than to me. I have a question, though. Is it true that we cannot inquire the status of our case by email? I tried it today but here below the response I got: Please do not send emails to this address. The *****Asylum Office cannot respond to inquiries from applicants requesting case-specific information. This is for your safety and to maintain the confidentiality of asylum applications.
    Please send your inquiry by mail to the asylum office
    Is this common or it is just related to my case?

    Reply
    • You blog has been more an academic training to me

      Reply
      • By the way, if they won’t communicate by email, you can try going in person, if it is not too far away. In any case, they usually will not tell you much, so unless you have a good reason to communicate with them, it is probably not worth the bother. Take care, Jason

        Reply
    • I got the same email from Chicago office

      Reply
      • Thank you Nikki. So it is just a standard answer

        Reply
    • It may depend on the office – I have sent such inquires to asylum offices and received responses, but usually, I am just inquiring about the status of a case that was interviewed and waiting for a decision. Take care, Jason

      Reply
  37. Hi
    Is a law criminalizing (i.e prison) homosexuality and proofs of people being arresting on a regular basis based on this law constitute a strong asylum case based on fear of futur persecutions ?

    Reply
    • It could, though it might depend on prison conditions and how likely it is that a particular person would be detained. Certainly, evidence that homosexuality is illegal in your country is important evidence any case based on sexual orientation. Take care, Jason

      Reply
      • Thanks. Does the fact that the judge orders anal examination suffice to have strengthen my case ? Thanks

        Reply
        • NB: anal examination are common practice in my country when gays are arrested and It is well documented

          Reply
    • Hi Mostafa,

      Sexual orientation is one of the categories that is eligible for asylum. If there are laws in your country that proscribe same sex relationships, then you may be eligible for asylum. While it would be more difficult to win asylum if the law is not actively used to penalize same sex relationships, it is still possible to win asylum if you can convince the officer or judge that the very existence of the law is risk to your freedom.

      It seems to me, based on the descriptions you provided, that the law is actively used to target people because of their sexual orientation. If you can provide evidence that the law targets LGBT people, and also prove that you are a part of this group- and you also meet all the requirements for being granted asylum- then I don’t see why this shouldn’t be a strong case.

      It is also important to note that if private citizens target members of the LGBT community- and the government is unwilling or unable to protect the LGBT community from harm meted out against them by the private citizens of the country- then you may also be eligible for asylum, provided that everything else is in order.

      If you fear for your life, or fear that your freedom will be restricted or taken away from you because of your sexual orientation, you should find a lawyer and ask him/her for his/her guidance or opinion. There are lawyers out there that take cases on a pro bono basis or at a significantly reduced price.

      Reply
  38. Hi
    Thanks for your kind information to Asylee. i read your post that Asylum approval rate is reduced and mostly cases are reffered to immigration court. My Questions are:
    This policy of uscis will effect on immigration courts approval ration?and Courts will also increase denial ration?
    Kindly guide about immigration courts policy regarding this worse siuation.Thanks.

    Reply
    • We do not know that yet – it may increase court grant rates since more eligible cases are being sent to court. But we will see. The best source of data for Immigration Court can be found if you Google “TRAC Immigration.” Take care, Jason

      Reply
  39. Hello jason.
    I filled after 3 years i was a in lawful statues untill i applied . Reason was i had become a christian ( change of cicumstsnces ) and going back can jeorapadize my saftey . Prosecuation , decades of prisonmemt ,or Even death . They are infamous for their prosecution of christians . Am i eligible ?

    Reply
    • Jason has better ideas, but from what i know it depends on the country of the origin, if is it a common act by the government to prosecute and punish people who switch their religion, if it’s just tribal or community fear it’s a bit harder to proof that there’s no place in your country to be safe.

      Reply
      • This is a good point – if the fear is not from the government, you also need to show that the government cannot protect you and that you cannot relocate safely within the country. Thank you, Jason

        Reply
    • It sounds like it. If you were in-status the whole time, you should not have an issue with the one-year bar. Also, there are “changed circumstances.” How strong the case is depends on your evidence and conditions in your country. Take care, Jason

      Reply

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