The Chimera of Immigration Court Quotas

Let’s say it’s your goal to deport as many people as you can get your hands on. You believe that most asylum seekers are fraudsters and you hope to make America great again by cutting programs like TPS and DACA in order to remove as many foreigners as possible. In other words, let’s say you are a member of the Trump Administration. In that case, will case completion quotas in Immigration Court help you achieve your goal?

Maybe if IJs were less lazy, they would complete more cases.

Superficially, it seems that they might. If Immigration Judges (“IJs”) are required to complete more cases, it makes sense that more people will be deported. Presumably with that goal in mind, the Executive Office for Immigration Review (“EOIR”)–the office that oversees the nation’s Immigration Courts–has recently created performance metrics to evaluate IJs based, in part, on the number of cases completed.

In order to achieve a “satisfactory” level of performance, IJs must now complete at least 700 cases per year, with less than a 15% remand rate (the “remand rate” is the percentage of decisions overturned by a higher court). IJs who complete between 560 and 700 cases “need improvement,” and IJs who complete less than 560 cases per year are deemed “unsatisfactory.”

For what it’s worth (a lot, in my opinion), the National Association of Immigration Judges (the IJs’ union) opposes the new plan because they fear quotas will infringe on the IJs’ independence. For its part, EOIR contends that using metrics to evaluate performance is “neither novel nor unique” and that it will “encourage efficient and effective case management while preserving immigration judge discretion and due process.”

I recently had the opportunity to speak to an IJ and a few court personnel about the new quotas, and they seemed nonplussed. In Baltimore, for example, I’m told that IJs with “regular” (as opposed to juvenile) dockets already complete well over 700 cases per year. The one IJ I spoke to said he completed 1,100 cases last year. Those number are well above average, according to the statistics I could find.

Five months into FY 2018, the nation’s IJs completed a total of 83,643 cases. Divide that by 330 judges, and you get an average completion rate for the U.S. of about 51 cases per month, or about 608 cases per year. Based on the statistics for Baltimore and my calculations (which are always suspect), the average IJ in that court will complete 855 cases this year. So why are Baltimore IJs so much more efficient than the national average?

As usual, I do not know. But looking at the case completion rates for other courts perhaps gives us a clue. In Miami-Krome, a detention center, the completion rate is about 739 cases per year per IJ. I would have expected a higher completion rate in a detention facility, as detained cases tend to move faster than non-detained (indeed, if you see a detained case file at EOIR, it will be labeled with a bold sign indicating “Rush–Detained at Government Expense”). Other detention facilities have even lower case completion rates: Eloy, AZ completes 658 cases per IJ per year, Harlingen, TX completes 516, and Elizabeth, NJ completes 457.

I suspect what’s going on with these variable rates has more to do with cases being venued to other courts than with IJ efficiency. In other words, many aliens in detention facilities are there because they were detained while trying to enter the U.S. Some percentage of these people are released, and then move to another part of the United States, where they pursue their cases. Thus, IJs near the border and at certain detention facilities (near airports or the border) tend to complete fewer cases because their cases are transferred to other courts. In my Baltimore example, there is no major detention facility nearby, and most people do not transfer their cases elsewhere. Hence, IJs in Baltimore tend to complete the cases that come before them.

The completion rate at other courts is more of a mystery. New York completes 540 cases per IJ per year, for example. LA completes only 477 cases per year (LA is near the border, so maybe some aliens are moving their cases to other jurisdictions).

In short, without better data, it is difficult to know what is going on. One thing does seem clear though: Grant rates vary significantly by court. Thus, for some IJs, the new quotas will be a non-issue. They already complete more than enough cases to earn the distinguished title of “satisfactory.” For other IJs, completing 700 cases, or even 560 cases, might be impossible. If so, the new quotas may force those judges to circumvent due process in order to fulfill EOIR’s mandate.

The new quotas raises other questions as well. The biggest one for me involves the anticipated influx of TPS and DACA recipients whose status has been terminated. It’s widely believed (including by yours truly) that many of these people will file for asylum rather than depart the United States. In an effort (probably futile) to dissuade such people from seeking asylum, USCIS has already re-ordered how cases will be processed, so that newly-filed cases will be interviewed first. If those cases are denied, they will be sent to court, where–according to one official I spoke to–they are supposed to be heard on an expedited basis. But how can that happen unless the court dockets are re-ordered? This “aimless docket reshuffling” (a termed coined by the inimitable Judge Schmidt) will pretty clearly interfere with the IJs’ ability to meet EOIR’s quotas.

So in the end, it seems that the new quotas will have no affect on some IJs, and dramatic affects on others. Whether overall completion rates will be improved, I have my doubts, especially if dockets are reshuffled to accommodate an influx of TPS and DACA recipients. I also have doubts about whether IJs who are forced to drastically increase their completion rates will be able to continue making decisions in accordance with due process of law. Sadly, the Trump Administration seems far more concerned about quantity than quality, and I fear that asylum applicants, immigrants, and our nation’s IJs will all suffer because of it.

 

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134 comments

  1. Following up

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  2. Hi Jason,

    I have been hearing lately that most of the people who had deportation order in the past, when they go to the USCIS local office for Marriage interview to adjust their immigration status they arrested!!! is that true? .. do you have any idea if this applicable to asylum applicant who got deportation order by the Immigration judge and they applied for appeal and try to adjust their status through marriage. Please share your experience and why they doing this people how just want to live safe in this country.

    Thak you

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    • just give me peace of MIDN I am in 4 year medical student and I will end with more than 300K student loan( through my cosigner), who gonna pay this money if they will not renew my EAD or they will try to deport me. Please share your experience, I can’t focus on my life and I am worried, and my feeling could not describe. Just I am in the middle and I do not know what to do. My Individual hearing in couple months.Please please share your advice

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      • Even if you lose the case, you can appeal to the BIA and renew your work permit during that period. The fact that you owe a debt has no effect (good or bad) on your case. If you are married and trying to get a GC through marriage, and your case is pending, you should be ok to attend any I-130 interview – we have had several clients do that safely. Otherwise, make sure you are prepared for your case so you can hopefully be successful. Good luck, Jason

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        • Thank you Jason, I appreciate your help in this matter

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    • I believe I have heard about a few instances of that. It happened before Trump was president as well, but ICE is more aggressive these days. On the form I-130, you can indicate that the spouse will get his/her green card overseas, and if you do that, usually there is no interview. Otherwise, you might want to talk to a lawyer about how to approach this, as it may depend on the case. We have not dealt with this issue lately. Take care, Jason

      Reply
  3. […] The Chimera of Immigration Court Quotas (The Asylumist Blog, April 2018) [text] […]

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  4. Hi everyone am just writing this just to let you know how the new LIFo thing is working in San Francisco. I applied on February 2018 and had interview in March 2018 and today got my result. It’s really working so fast. Hope it helps.

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    • Wow,,so fast. are you approved?

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      • I got approved.

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        • Congratulations

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        • Thank you for sharing this and congratulations on receiving asylum! Take care, Jason

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          • I can’t help but feel very disheartened by this change. I don’t know how these people sleep at nights. I know there are people who applied to the San Francisco office over 3 years ago and their applications have just been tossed aside.

            This change cannot stop fraud/frivolous claims. Government workers are to be trained to detect fraud; fairer systems are to be put in place to obviate frivolous cases/dissuade people from submitting frivolous applications with the intent of acquiring an EAD/getting deportations halted.

          • I agree with you that the steps taken to address fraud are not very effective and they tend to harm all asylum seekers, regardless of how strong their claims are. It is a real shame. Take care, Jason

    • Congrats, Lulu! I am very happy for you!

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      • Wow oh wow! I feel you’re the luckiest person alive! This LIFO system really favorited you. In two months you’re done. Congrats and I wish myself this exceeding grace and luck .

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    • This is injustice

      Im sorry to see this in USA Immigration system-

      Doesn’t make sense either one

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      • Before anyone goes for your throat, I want to say that I understand why you feel this way and you’re well within your right to do so. The whole system is messed up and the powers that be are playing with our lives and or families’ lives.
        Having said that, we can’t let this drive a wedge between us as asylum applicants and asylees. We’re all here because we’ve been through hardship. The original poster didn’t try to get her case heard before yours or mine — it’s the broken system’s fault.
        Let’s give Lulu our heartfelt congratulations, and hope that we can join her soon.

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        • I agree, though from Devdas’s comment, I am not quite sure what point he or she was trying to make…

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          • I made an assumption that she or he felt some type of way reading about the OP’s asylum experience where things happened in the timeframe that they are supposed to — unlike they did for the rest of us who have had to wait for years. I know I sort of did and I’m not very proud of it.
            I could, of course, be wrong about that assumption.

          • You are probably correct, and anyway, the whole point of the internet is to assume stuff. At least that is how I use it. Take care, Jason

          • Jason and Sara, greetings!

            First, I am glad when I see the system working positively- for example, an asylum applicant’s case being approved. I am almost sure that non one who follows this blog disagrees with me on this. No asylee should feel bad for an unfair system

            I can also understand people’s frustration with the recent changes made. Some of us are just not adept at expressing our disappointment without showing too much emotions, or coming off as insensitive.

            I don’t know about anyone else, but when I was backlogged in early 2014 (interviewed in Aug 2017), I suffered psychologically and my PTSD worsened as a result. I feel like I can relate to the frustrations.

            However, I can’t help but feel some kind of guilt talking about my frustrations on an original comment that has to do with a grant of asylum.

          • I wouldn’t feel too guilty. Whoever got asylum is off partying and has no time to read this blog anymore. I do understand what you are saying, as the inequities in the system only add to the hardships of those who are waiting. Take care, Jason

          • This is exactly how I feel, Jamie, and that’s why I understood where Devdas was coming from.
            Am I selfish for thinking about how much better it would have been for me and my family had our case been heard in the timeframe it was supposed to before they flipped the system on us in 2014? Is it wrong for me to feel..well, offended that I require longer background checks than others because of where I’m from?
            It’s like part of this already emotionally draining experience is having to grapple with all these feelings, and being forced to accept unfairness because you can’t do much about it.
            I say this while I’m very happy for the OP and for anyone who wins asylum, swiftly, under LIFO. It’s not their fault the system is broken.

        • Sara, I don’t think you should feel offended that you think it’s unfair to wait longer for background checks. Knowing me, I would definitely feel frustrated.

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          • Thanks for the validation, sis.
            Starting week 20 since then RA (22 since the interview). Trying to stay sane.

        • Apt!

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    • Congratulations 🙂
      I have also applied to SFO office in late March, got my finger prints done. Now waiting for the Asylum interview letter.
      Congrats once again.

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  5. Hi Jason and everyone
    And hope you receive good news soon
    Is there anyone who knows or applied for Los Angeles or San Francisco’s office in September 2015 and get the interview ?
    Thanks

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  6. Hi Jason

    I changed my Address with Immigration last year January, surprisingly last month i wrote a letter requesting expedition but they sent the response to my initial address. Does it mean they made an error sending to an old address or they did not update my file or they did not receive the change of address notice that i sent. What would you recommend that i do in this scenario and how?

    Also after notifying them of the change of address i received my EAD(employment authorization card) at the current place. not knowing if these are two separate entities (Immigration and where EAD cards are processed)

    Thanks

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    • They are two separate entities. You can change the address for the I-589 using form AR-11. We do it on-line and get a confirmation. But in your case, you might want to contact the asylum office directly to make sure your address is updated. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

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  7. Last week, I posted that my lawyer sent the I-485 application to a wrong office Arizona Phoenix instead of Texas Center. The USPS tracking showed that the package arrived at Arizona office on March 30, 2018 but this week I received a NOTICE in mail says that my application receive at Texas center on April 4,2018.That means that the Arizona office sent my application to the right office.
    If you ever sent your application to wrong office by mistake, Don,t worry they will redirect to the right office.
    Thank you !!

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    • They do not always do this. Some offices are better about it than others, but you were lucky, so that is good news. Take care, Jason

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      • That is right ! I think I was lucky ! Thank you !!

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  8. Any news from Los Angeles Office, does anyone know which month they are taking interview?

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    • Not sure, I applied in 2014 and still waiting.

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  9. Hello Jason . I have received my EAD . I want to get my SSN . I have a expired Passport . Do they accept that ?

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    • They should – contact the social security office or check their website for the documents you need to obtain an SSN. Take care, Jason

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    • Only EAD card is enough

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  10. Hello, Jason.
    I applied for my EAD in February. As I still didn’t get I decided to send an inquiry about my case.
    DO you know what does it mean? Is it a normal process for every EAD?

    We have received your service request and researched the status of your case. Our system indicates that the required background investigation for your pending application is still open. We cannot move forward with your case until the background investigation is completed.

    These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete.
    Thank you!

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    • It seems a bit strange for an EAD, but the messages from USCIS are pretty useless and so maybe it is a standard message. But just in case, I would call them and try to confirm that everything is fine – you can find their phone number at http://www.uscis.gov. Take care, Jason

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  11. Hi Jason,
    I have applied for my Ead on 03/20/2018 after 150 days were past. Still haven’t received any notice from USCIS. Do they send any notice that they received my application or they send the EAD when it’s ready?
    Thank you

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    • It can take 4 weeks or sometimes a bit more to get the receipt, so I think it is too soon to worry. Take care, Jason

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  12. Is there anyone applied in 2015 who had the interview in VA? I applied march 2015 and still waiting for the interview notice.

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    • Our last “backlog” cases interviewed in VA were filed in about September 2014. Take care, Jason

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  13. Hello All,
    I’ve applied for asylum November, 2016 New York. Still pending. Is there anyone got interview from 2016(NY)? Please keep posted, will be appreciated.

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    • Hi Arifin,
      I applied in NY 2015,October and still waiting for interview.

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      • Hi Arifin & Kusher,
        NY applied 04/15 — interviewed 11/17 (pre LIFO).
        Last I heard, they had started 06/15 cases in 01/18.

        This was all before the policy change, but it might help a little if they’re doing old cases in parallel to the new ones.

        Good luck to you both.

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  14. Hi Jason,

    I have a current F-1 status and applied for asylum last year. I’m just curious: if my asylum gets denied, I won’t be required to go to court because of my active F-1 status right? What can I do to go to court to defend my case before an IJ?

    Thanks for all your help!!!

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    • To go to court, you would need to end your F-1 status and be out of status. People are only sent to court if the government wants to deport them. Take care, Jason

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  15. I have heard that they are inquiring about your Facebook account and other social media account on interview. Does this happened to anyone her and jason can you please guid us what to do in this regard.

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    • I have heard about it, but I have not seen it with my clients, so I don’t know for sure. I have heard from clients that they were stopped at the airport and had to give the border agents their log in info for their phones. Take care, Jason

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  16. I got my asylum after 17 years of fight. Your articles helped me indirectly. Thank you. Keep up the good work.

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    • 17 yrs or 17 months?

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    • Congratulations and welcome to the USA! Seventeen years is a hell of a long time. Take care, Jason

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  17. Hello Jason,
    I wish if you can write at some point of time an article giving all details about “TRIG”. I know you have written an article on October 2015 “Asylum Case Delayed Forever? Here Are Some Possible Reasons”. But, I wish if you can elaborate about the possible routes that TRIG person can take. As well as, I know that TRIG rules are not defined, and all lawyers have been waiting for years to issue a law to classify TRIG people

    However, on the USCIS I saw an link talking about “Inadmissibility Grounds Exemptions”, and the link states few nationalities like Burma, & Iraq can benefit from the exempt. But what about others, can I get exemption if I had a valid reason? (My car was taken from me, I didn’t abandon the keys myself, they approached me and took the keys from my hand and then they took the car, all of that was under threat of weapons). I don’t negotiate with terrorists or thieves, but I am finding hard time to let them know this

    My whole life is pending now, have been waiting since years after 2 interviews, and still no answer is being made. I was lost, I tried my best to leave the US and find another safe country that make things easier, but failed to do so. My nationality passport is very poor and everybody is turning back to us now

    How to apply for exemption? can I do it now while my case is under the HQ jurisdiction, or I have to take it to the court first using mandamus?

    Thanks

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    • Hi Ertugrul
      I am sorry to hear that your application has been put on hold because of TRIG. It is very complicated, and it is hard to find a qualified attorney who is willing to take such cases. I suppose Immigration attorneys are making good money in less complex cases as they are very busy with thousands of new asylum applicants so most qualified attorneys are not interested to deal with TRIG related complex and time-consuming cases. As for TRIG related exemptions last year USCIS rescinded some of those exemptions. Under the new policy USCIS will render final decisions on cases involving TRIG that would have previously been put on hold. In other words, in most of these cases the new policy may lead to quicker denials. Again, try to find an experienced immigration attorney who may be able to look into your situation and determine whether you may have a path forward in adjusting your status. My application for adjustment of status has been on hold for almost 10 years and I have tired all my options to remove my application from hold and so far I have had little success.

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    • I don’t know of a good way to get around the TRIG hold. Maybe your best bet is to do a mandamus. Such cases seem to be decided in court and only seem to end up in indefinite holds at the asylum office. At least that is my observation. Even if you lose the asylum case after you file a mandamus, at least you can try your luck with the court. Take care, Jason

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  18. Hey All,

    I just wanna ask everyone how asylum appointments are going on in Los Angeles? I have applied for asylum around May 2015, but has not got any mail. Is it still slow, or they are moving fast?

    Thanks

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    • Hi Sara no body knows, I applied mid march no interview yet.

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      • I had an interview applied in August 2015 but I transferred from another office.

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    • Hi Sara, any news on your interview? thanks

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  19. Any update from Huston office?

    I’ve applied for asylum in November 2014. Still pending.

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    • You guys scares me!

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    • What!??? You applied in Nov 2014 and still haven’t been interviewed yet??? This really scares me as I applied in Sept 2016! I remember from the last update on the old bulletin, they said that they were interviewing cases from Dec 2014 so they might have skipped you case and when the LIFO system came out, it has been stuck there. You might want to request an expidition, i guess?

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    • I applied November 2014 I interviewed last week .

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      • I applied April 2014, still no interview:(. Do you live in Texas or a circuit ride state?

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    • I applied in July 2016 and had my interview in Houston office last month.

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      • Hello , ASS,Do you expedited your case? My case was on November, still waiting my interview?

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  20. Hi Dear Jason
    Me and my husband are both student and on F1 visa. I applied for asylum last year and I will be eligible for EAD in 30 days. I prefer to keep my visa status legal till receiving the GC. Because of financial problems I wanted to change my visa status from F1 to F2 to not to pay for school anymore. Do you think the existence of asylum case would have any effect on my change of status? Does it increase the chance of rejection?
    Thank you so much

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    • You can try to change to F-2, but USCIS could deny the application due to the pending asylum case. To get an F-2 visa, you have to promise to leave at the end of your husband’s period of study, but you have applied for asylum, which means you want to stay permanently. In any event, you can try to switch to F-2, but I do not know whether they will accept the change or not. Take care, Jason

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  21. Greetings bloggers

    Is there anyone who applied for asylum in August 2016 who has been interviewed yet in Newark, NJ?

    For those who have been interviewed so far, would you mind sharing when you applied and when you were interviewed. for Newark NJ specifically for the period after August 2016?

    I just want to make a rough estimate of my waiting time left.
    Thank you friends.

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    • Applied on November 2016 Newark and still waiting

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      • I applied the same month….no interview yet

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        • April 2016, Nothing yet

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          • Filed in March 2017 and scheduled for interview this month of April 2018.
            Regards

          • Did u expedited?

          • You mean the time between issuing interview notice & day of interview ??

        • Yeah I got shortlisted …
          Regards

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          • How many days they give you in shortlist before interview?

          • We have had cases where they called a client from the short list and wanted to have the interview the next day. For this reason, it is important to make sure all documents are submitted when you put your name on the short list. Take care, Jason

          • Yes I mean that

          • 30 days by the time I got an Email and 26 days by the time I got original Notice through USPS.

          • Aryan, when did you request to be put on the waiting list?

            I requested to be put on the short list too two weeks ago and they said they did.

            i want to know the approximate waiting period between being placed on waiting period and when they notify of the interview.

            thank you everyone.

          • There is no way to predict the wait time, especially now that they have re-ordered how cases are interviewed. In Virginia, we had some short-listed people wait about a year for the interview, but that time frame probably no longer applies to Virginia, and certainly has no relevance to other asylum offices. Take care, Jason

          • @ PATRICE PATRICE … I was granted shortlisted request in total one month duration time and in next couple of weeks instructed to appear for interview, but for some reasons I couldn’t’ received notice. Had to Rescheduled again in person request and again granted for April this month.
            Regards

          • Hi sir,
            would you please tell me how to put our name on short list? should we try to contact asylum office by email or by phone?
            Thanks

          • We normally email or go in-person. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

          • Thank you Jason.
            You are an inspiring person.

          • Where was ur office ? Were u approved ? Damet garm

  22. what if you are interviewed before the 160 days ? and they referred you to the Immigration court

    will your 160 clock stop until the first hearing ? or it will count ?

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    • Are you talking about the 180-day “clock” to request your EAD card? (I don’t think it’s 160 days). Well, from USCIS’s website: “[Your clock] will not begin again until the first master calendar hearing with an immigration judge after
      the case is referred to EOIR.” Thus, it seems like the “clock” starts again until you show up to your master calendar hearing. Meaning, your clock “stops” when you’re referred to court and “starts” when you show up—the very first date. Then again, I could be wrong.

      Reply
      • If an asylum application is referred from the asylum office to EOIR, the applicant may continue to accumulate time toward employment authorization eligibility while the asylum application is pending before an
        immigration judge.

        Mariano, you are right in only one situation,

        If an applicant is required to receive and acknowledge his or her asylum decision at an asylum office, but fails to appear, his or her 180-day Asylum EAD Clock will stop. It will not begin again until the first master calendar hearing with an immigration judge after
        the case is referred to EOIR.

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      • If you are referred to court, the clock should keep going. It should only stop if the applicant causes a delay. Of course, the clock doesn’t work all that well, and sometimes it stops (or starts) for unknown reasons. Usually, though, it works most of the time. Take care, Jason

        Reply
    • If your case is referred to court before you reach 180 days (you can file for the EAD after 150 days, but you cannot get it until 180 days pass), you can still get the EAD as normal, as long as you do not cause a delay in the court case (by asking for a continuance at the first hearing, for example). Take care, Jason

      Reply
  23. Hello Jason,

    I hope you can give us an insight about the recently signed memo by DT. From what I understand, paying a bond to leave immigration detention will no longer be possible for asylum seekers. This makes the idea of being detained seem incredibly scary considering it could take years before a court hearing. Do you think the memo will stand in court?

    Thank you

    Reply
    • I do no think the government has the capacity to detain everyone, and I have not heard of a major change for asylum seekers. But maybe I did not see this particular memo. Anyway, if it seems like there is a major change in this realm, I will try to write a post about it. Take care, Jason

      Reply
  24. Hi Mr. Jason

    Thanks for your help !

    I have two questions

    1. I live in OC county. My asylum case is pending in LA office since Dec 2016. My office they gave me a tour for Las Vegas. Should I go by Air ?

    2. Earlier I discussed with you about my Lawyer I applied Asylum in Dec 2016 at that time he told me $6500 I gave him $1500 advance he made a agreement $1500 advance and $400 every month. I was and I am not able to give $400 every month . I was giving $200 every month. Last week I visited his office he told me give me all money otherwise I willl not go for your interview. Now yesterday he called me up and said I will withdrawal your case.
    What can I do in this situation ?

    Thank You
    Raj

    Reply
    • Dear Raj,
      It is sad to hear this! Assylum case can be filed for free. But if you want a lawyer, that is ok. From information I gathered from friends in different part of US 6500 for lawyer is higher than the average price. In my case I have agreed to pay 2000 only. That includes filing the asylum plus attending interview. So please revisited your plan to stay with this lawyer.
      Have a good day!

      Reply
      • He scared me that I will withdraw your case.
        Can he do like this ?

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        • It’s not his case to withdraw!
          You need to refer to your contract with this lawyer, and check if there are any penalities for your failure to pay the monthly installments in full.
          I still wouldn’t worry about him withdrawing your case (Jason will verify), and I would tell him that he will have a bar complaint to respond to if he behaves unprofessionally. Two can play the threats game.

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    • 1 – I do not see why that is a problem. Make sure you have photo ID and your asylum receipts. 2 – I would remind him of his obligation as an attorney, and that he has created a payment plan that likely violates attorney ethics (since he can only actually collect money that he has earned by working). If he withdraws, I would ask for a refund of all unearned money (and an accounting of how he earned the money), and if you do not get it, file a bar complaint against him. Take care, Jason

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      • Thank You Scopa, Sara and Mr. Jason for your help.

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  25. Dear Jason,

    Could you please tell me what should I do if I fail to appear to pick up my decision? It looks like I have a very bad cold and the office is in a different city. I have no idea if I’d be able to come to the office on Monday.

    Will I be able to come later or should I wait for mail notification? Can it affect the decision?

    Reply
    • Send them an email and tell them, or try to call. You can find their contact info if you follow the link at right called Asylum Office Locator. I would do everything possible to be there. If you do not show up, the best case is that they will mail it to you, but I am not sure whether it might negatively affect the outcome. Take care, Jason

      Reply
  26. They can give asylum officers a quota instead, and maybe they will have the FBI complete background checks (that they could probably finish in an hour) in a reasonable time, so that they can mark a case as completed.
    Just a thought with little thought.
    Another day…another RA.

    Reply
    • Keep the Spirits Up!!! You will get it one day!!!

      Reply
      • Thank you, Sarah 😊

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    • They do have a quota, though it is basically unattainable. Thus, moral is low and the quality of decisions is not as high as it might be. Though maybe a quota for the background checks would be a good idea. Take care, Jason

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  27. Thank you so much dear Mr. Jason for all your great articles.

    Did anyone from Los Angeles, year 2015 called for the interview? (Without expedition)
    Thank you

    Reply
    • Hi Liz, I have not, I applied March 2015. When did you apply?

      Reply
    • Still am not called
      I applied in end of July and I had applied for exptide in July 2017 and it was approved but no interview until now

      Reply
      • It does sometimes take several months from an expedite approval to the actual interview, but your wait seems very long. Maybe you should contact the asylum office and inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

        Reply
    • Thank you for your reply Blessed and Na.
      I applied November 2015 and waiting for my interview.

      Reply
    • I have 2 friends had interviews in LA,
      Both 2015, March and April.

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      • Thank you so much HA.
        Do you know if they expedite their case?

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        • I had an interview in March – applied August 2015.

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          • HI Nulu. Hope it went well.
            – was it LA office, and expedited or shortlist? thanks good luck

          • mine LA office – May 2016

          • It was not expedited, neither shortlisted. It went well – got the letter 2 weeks after.

          • thank you Nulu for relying back. it’s very confusing because few bloggers applied in march, july 2015 etc – from LA office and are still waiting. you are very lucky and hope everyone else get their cases heard soon with the best outcome. it’s very hard to make out how each office is processing cases maybe doing both the newer and older at the same time!

            i think with time Jason might be in a position to get more details on how things are progressing and calm us all down and wait for our turn patiently. thanks

          • I think over the next several months we will start to have a better idea of how LIFO is working and how cases are being processed. We are still in a period of adjustment, and once things settle into a new pattern, we will know more. Also, it would certainly help if the various offices announced how they are processing cases and what they are doing about old cases. Take care, Jason

          • thank you Jason, agree with you completely. And also very thankful to you and all the people blogging on your website… giving us some idea how these offices are scheduling interviews with their respect experiences.

            We’ll be looking forward to you attending the USCIS stakeholders meetings, and have some answers to our concerns.

      • HA please let us know if expedite their cases. Thank you

        Reply
  28. Hi Jason,
    Thank You for helping us.
    I have a final hearing in court in 2 week. I have never been to the court before and little nervous about it. What kind of questions the government lawyer or judge will ask? Is the question will be same as the interview I have given with the asylum officer or it will be different format. Appreciate if you can help me on this according to your experience.

    Other questions, I just found some videos and article that if some is here in the USA for 10 years and is in the deportation proceedings are eligible obtain a green card. And we are eligible to apply for a green card in front of the immigration judge if we can satisfy the following requirements.
    1. If he/she is in the United States for 10 years prior to being placed into immigration proceedings.
    2. If the person of good moral character, which is a statutory definition. You cannot be convicted of certain crimes.
    3. The last thing, which is the most difficult, you have to show that your deportation would result in exceptional and extremely unusual hardship to either your spouse, your children, or your parents, who all either have to have permanent resident or citizen status.
    I am here since 2007 and now my status is pending asylum and in deportation to proceeding status and my parents are permanent resident and I am taking care of my parents. Being said that, Am I eligible to obtain green card through this process. how easy is it to get it.

    Appreciate for you hep.

    Thanks.

    Reply
    • I responded to this previously when you posted it. Take care, Jason

      Reply
  29. Hi Jason,
    I am still pending my interview.i applied in 2016 December
    My brothers lives in Germany and my kids want to see their uncle and cousins because they did not see any family members for 2 years.ALSO WE HAVE NEW USA CITIZEN BABY. i want to know and need your advise.i afraid to trump government you know what is the reason and I’m afraid of can not returning to USA.IF THE TRUMP GOVERNMENT DO NOT ACCEPTED OUR ENTERING TO USA
    I want to travel to Germany(it is not my original country)
    How likely am I to get an AP? Also I have national passport, should I apply for a schengen visa to use it with the entering Germany?please guide us and my kids need to see family members ..
    thank you

    Reply
    • You would have to get Advance Parole – I wrote about that on September 11, 2017. If you have AP, you should be able to travel and return. I know of no people who had AP and were denied re-entry. You will need to travel with your passport (which is potentially bad for your asylum case) and you would need a visa as normal. Take care, Jason

      Reply
    • Kevin, I am sorry, but I am struggling to understand people like you who feel this compelling urge to leave the US, even if there is a probability that traveling to other countries with your country’s passport may affect your asylum claim/re-entry.

      I can empathize with people who want to travel for reasons such as deaths, work, illness, etc.

      If I understand you correctly, what you are essentially saying is that you want to visit your family in Germany because you want your family to meet your “new baby” and your kids to see your family. In my humble opinion, especially given the current political climate and you knowing very well that you might run into difficulty if you leave the US, I don’t think this is a “good” reason for wanting to travel to Germany. Furthermore, I don’t know if USCIS would accept your reason for wanting to travel to Germany.

      If it helps, I would suggest you use Skype or some kind of app to make video calls. Perhaps, if it’s possible, you can ask your family to get a US visitor’s visa so they could visit you and your family as often as they wish.

      In the end, we all have different interests, view the world differently, and have different needs and feelings. What’s important to one person might be insignificant to another person.

      Reply
      • thank you jamie but i know Canada asylums-refugees could travel also EUROPE asylums -refugees can travel this is so terrible for us why can not us travel to second part country

        thanks for respond

        Reply
        • People with a pending asylum case at the Asylum Office can travel using Advance Parole. I wrote about that on September 7, 2017. Take care, Jason

          Reply

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