This is part 2 of a posting about what happens if the Asylum Office denies your affirmative application. Read part 1 here.
If the Asylum Office denies your asylum case and you are no longer “in status,” you will be referred to an Immigration Court. When you get the denial (which they politely call a Referral), it will contain a short letter with a (usually) boilerplate explanation about why the case was not granted. Along with the letter, you will receive a Notice to Appear (“NTA”), which explains why the U.S. government believes it can deport you. If you have dependent family members, each of them should also receive an NTA (assuming they are all out of status).
The NTA contains allegations and charges. The allegations usually begin, “(1) You are not a citizen or national of the United States; (2) You are a citizen and national of [your country]; (3) You entered the United States on [date and place],” and then they state why you are removable. Often, the alien is removable because she remained in the United States longer than permitted. Other times, the alien entered the U.S. unlawfully (without inspection) or fraudulently (using a fake passport, for example). Some people are removable due to criminal convictions or other immigration violations. Read the NTA and make sure all of the allegations are correct.
The NTA also contains one or more charges. The charges indicate the section of the law (the Immigration and Nationality Act or INA) that the government can use to deport you. One common charge is under INA § 237(a)(1)(B), where the person is removable for having “remained in the United States for a time longer then permitted.” Other charges could relate to an unlawful or fraudulent entry, or to a criminal conviction.
Finally, the NTA will tell you where to go to Immigration Court. Usually, these days, the NTA does not tell you when to go to court. Instead, it says, “TBD,” which means “To Be Determined.” If your court date is TBD, you will receive a notice in the mail with the date of your first hearing. It is important to keep your address updated with the Immigration Court. Use form EOIR-33, and don’t forget to send an extra copy to the DHS Office of the Chief Counsel (the prosecutor).
Also, you can call the Court phone system to check the status of your case and learn whether you have an upcoming hearing. The phone number is 800-898-7180. It is a computer; not a person. Once it answers, follow the instructions and enter your Alien number. After the computer spells your name and you confirm, you can push 1 for your next court date. I recommend you call once a week, just in case you don’t receive the written notice (if you miss your court date, the judge will likely order you deported).
The wait time for the first court date depends on the court and the judge—it could take a few weeks or a few months (or sometimes longer).
Once you are scheduled for court, you will be assigned a judge. The 800-number will tell you the name of your judge. You can learn more about your judge at TRAC Immigration (information is not available for newer judges).
The first hearing is called a Master Calendar Hearing (“MCH”). Many people attend that hearing, and you have to wait your turn. When it is your turn, if you have a lawyer, the Immigration Judge (“IJ”) will take “pleadings.” This is when you (through your attorney) admit or deny the allegations and charges in the NTA. After that, the IJ will usually schedule you for an Individual Hearing (also called a Merits Hearing).
If you do not have an attorney with you at the MCH, the IJ will usually give you a continuance to find an attorney. If that happens, you will be scheduled for another MCH. In generally, the IJs really want you to find a lawyer, as it makes their job easier and it significantly increases the likelihood that your case will be approved.
For most referred asylum applicants, the NTA is correct and the person will admit the allegations, concede the charges of removability, and request asylum, Withholding of Removal, and relief under the United Nations Convention Against Torture. However, in some cases, the NTA is not correct. Also, some applicants can seek other relief, such as Cancellation of Removal or adjustment of status based on a familial relationship (or something else). One job of the attorney is to explore what types of relief you might be eligible for.
Also, at the MCH, the IJ will ask you to designate a country of removal. In other words, the IJ wants to know where to send you if you lose your case. For most asylum applicants, we decline to designate a country of removal. The DHS attorney (the prosecutor) will usually designate the country of citizenship.
If you admit the allegations, concede the charge(s), and indicate what relief you are seeking, the IJ will usually schedule you for an Individual Hearing, which is your trial. If you decline to accept the first Individual Hearing date the IJ offers you, or if you take a continuance to find a lawyer, it could prevent you from obtaining a work permit (if you don’t already have one—if you already have a work permit, you do not need to worry about this). If you think this could be a problem in your case, ask your lawyer. If you do not have a lawyer, ask the IJ.
The wait time between the MCH and the Individual Hearing varies by court and by judge. It might be a few days or weeks (for a detained alien), or it could be several years. Supposedly, for asylum cases referred to Court under the new last-in, first-out system, IJs will be scheduling quick Individual Hearing dates. We’ll have to wait and see how that works out.
The Individual Hearing is your trial. It is where you present evidence, and where you and your witnesses testify. At the end of the Individual Hearing, the IJ will usually make a decision—give you asylum, give you some other type of relief, or order you deported. Sometimes, a case requires more than one Individual Hearing. Other times, the IJ will send the decision by mail.
If lose your Individual Hearing, you can appeal to the Board of Immigration Appeals (“BIA”). If you win your asylum case, DHS can appeal (thankfully, that is not so common). You do not appear in-person for the appeal. Instead, you (or hopefully, your lawyer) will submit a brief, and the BIA will read it and make a decision in your case. Either the BIA will dismiss the appeal, meaning the IJ’s decision was correct and will remain in force, or it can alter or reverse the IJ’s decision. In the latter instance, the case will normally be returned to the IJ to correct the error, and issue a new decision.
An appeal with the BIA typically takes about six months or a year, but it depends on the case.
If you lose at the BIA, you can file a Petition for Review with the appropriate federal appellate court, and if you lose there, you can try to go to the U.S. Supreme Court. Very, very few cases make it that far. Also, if you lose at the BIA, whether or not you go to federal court, you are no longer eligible for a work permit based on a pending asylum case, and you can be deported (typically, ICE will not deport someone with a pending federal case, but they have the legal authority to do so unless the federal court issues an order “staying” removal). For the vast majority of aliens, if you lose at the federal appellate level, that is the end of the line.
In my experience, it is a bit easier to win an asylum case in Immigration Court as compared to the Asylum Office. But it is much more difficult to win at the BIA, and even more difficult to win at the federal appellate level.
So this is the basic process that most cases follow if they are denied at the Asylum Office. There are some exceptions and different paths (most notably Motions to Reopen and/or Reconsider), but the majority of applicants will follow this process. If your case is rejected by the Asylum Office, it becomes even more important to have a lawyer assist you. If you can’t afford a lawyer, check this posting for some helpful resources. And remember, losing at the Asylum Office is frustrating and upsetting, but it is by no means the end of the road. Keep fighting, and hopefully, you will have a good result in the end.
HI Jason
I applied for the asylum in October 2017, don’t know when is going to be my interview. I’m from Venezuela but I live last 13 years in US with a F1 visa (finish bachelor and master degree). Last time I when was 5 years ago. my question is, I apply for the asylum because of political reason but the problem is getting worse to the point that UN High Commissioner for Refugees (UNHCR) is recommending international protection to every Venezuelan in any country or give Status of Refugees or Asylum. is there a way they can take this to my case?
Thanks for you Help.
Please have you applied for EAD?
Not yet I have to wait until march 26
The UN’s statement is evidence for your case and you can include it in your case. It would not make the case any faster. If you wanted to try to expedite, I wrote about that on March 30, 2017. Take care, Jason
I don’t want to make the case faster. in part because I have more the one year waiting for my passport, the government don’t want to give new passport to anyone outside Venezuela. so if I lose the case my only option is go back to Venezuela and like I say I haven’t live there for more the 13 years. Another question do you have office in texas or new york?
No, though I was just in Dallas for a case. My office is in DC. Take care, Jason
What’s your opinion Jason
https://www.npr.org/2018/03/12/592823598/attorney-general-jeff-sessions-reshapes-who-qualifies-for-asylum
I am going to try to post something about this soon. Take care, Jason
Jason,
I get the impression that the AG/DOJ is rushing to overturn these precedents so as to prevent people who are fleeing violence in Central America from seeking asylum in the US. In addition, I don’t think it’s a coincidence that they have decided to end TPS and DACA and now decide to essentially singlehandedly rewrite the asylum laws. I firmly believe that all of these movements are careful maneuverings with the objective of reducing legal immigration to the US.
The article speaks about the far-reaching impact- and in many cases potentially deadly impact- that such a decision could have on people fleeing violence in Central America, and asylum seekers who are given credible fear interviews at the border. The article also clearly explains the current applicable laws to asylum seekers and give an excellent definition of a refugee. Further, the article talks about the possibility of the “social group” category being more narrowly/ precisely defined. Obviously, the number of people eligible for asylum, if this decision is to take effect, would drastically reduce.
However, having researched the cases mentioned in the article, I am genuinely trying to figure out how they would implement these decisions. I am also trying to figure out how they would define “private crime” and how they would differentiate it from private crimes meted against people who have immutable characteristics such as race, sexual orientation, gender, etc.
Let’s use, for example, women who have been victims of genital mutilation and LGBT members who are targeted by private citizens because of their gender identity or sexual orientation. Could these people be possibly removed from the social group because they are victims of “private crime”, or would “private crime” be limited to crimes (mafias, gang-related crimes, burglaries, etc.) that affect the general population? What would constitute “private crime”?
How would the new definition of social group impact the definition of a refugee? Specifically, what impact, if any, would this decision have on people who fall under the social group category and were granted asylum/recommended approval? Would they be prevented from adjusting their status since they would longer meet the definition of a refugee?
Jason, I hope you talk about the above questions or concerns.
I plan to discus a number of these issues in an upcoming post. I will say that I agree with all the concerns you raise here. I am not sure how the AG will approach re-defining PSG, but he is limited by the federal appellate courts, and so he is not completely free to do what he pleases. My guess is that we will not have long to wait to find out what he has in mind. Take care, Jason
He Jason thank you for your tremendous job.
I have a question.
We have done our interview twice in Newark office last year , today my wife call them and they answered that our case is under review. What that means?
It is a standard reply and has no meaning, other than that you have to keep waiting. Good luck, Jason
Has anyone been able to apply and receive advance parole for education, employment or for consular processing? It seems like all of these options are available for DACA recipients, but it is not clear if they are available for us. It is kind of unfair to us, because some of the DACA have not even been inspected and admitted. I like the fact that they are provided those options, but it would be nice if got them too.
You may be able to get AP for those reasons (assuming you can argue that they are “humanitarian” reasons). I wrote about this on September 11, 2017 – maybe that would help. Take care, Jason
Hi Jason,
I was told to pick up my decision on the coming Wednesday after the interview. But I was called by the officer Friday (2 days ago) and he said pick up decision is cancelled and I will receive the decision by mail. I know that this is pretty common but most people seems to receive such call just one day before the pick up date. He called me 3 days in advance though. Based on your experience, do you think I may have to wait longer because AO seems to know that my decision will not be ready any time soon. Thanks
I don’t think so. I have not noticed any correlation between when they call you and how long you wait. Good luck, Jason
I got decision after a week of my pick up date
I hope it has been approved
congratulations if it is an approval.
Hello jason,
I had my interview 2 years ago in San Francisco’s office, and since then it’s still pending decision. My question is; if I moved to a different state, will I get my decision from the office that did my interview ( San Francisco)? Or will my case transfers to the state i moved to and gets processed by a new officer there and they make the decision?!!
The case would probably stay in SF. However, if they decide they need to interview you again, it is possible that they will do that in the new office. Take care, Jason
I applied asylym in 2015.Haven’t got Interview yet.I know this is not possible but i have a concern,has any one able to bring their father and mother while asylum is pending.(for visit propose)Because my health condition is very bad.i am having very hard time.I just have a baby born few week back i am sick and no one is here to take care my baby as well.i am so stress out.(jason-i would like to thank for creating such a important forum for like us people.this is the site only one i can get informative information,discussion and solutions)God bless!!
Hi Rayan,
I’m sorry you are going through dificulty and sickness. My parents have been denied the tourist visa. This is my experience, but you can give it a try and hopefully they’ll get it.
Take care
I think it depends on country. We are from one of the Central Asia countries and our parents could get a us visa while our case was pending (it’s still pending). By the way I know a lot of my friends’ parents who could visit USA with tourist visa. During the visa interview at embassy they didn’t ask anything about our status. Just simple questions like what’s your purpose of visit, how long are going to stay, where are you working.
Good luck!!!
Your parents can try to get a visa for you. The fact that you have an asylum case may make it more difficult for them to get a visa, but it is not impossible (especially since they cannot benefit from your asylum application, and so there is less reason to block them from coming). Maybe they should talk to a US lawyer who specializes in non-immigrant visas for some advice on making the strongest visa application they can. Also, some types of visas (H1b, L, maybe others) are not affected by a relative’s asylum case, and so maybe they should think about one of those visas, if they are eligible. Take care, Jason
Hello Jason hope your doing well ,
I’m still waiting for the decision of my asylum interview. By 2019 my elder son will be 21 years old of age, does this make difference or any problem for the upcoming process of my asylum case?
Regards ,
If your son was under 21 and unmarried when you filed for asylum, he can get his asylum if you win your case – even if he is older than 21 by that time. It is called the Child Status Protection Act. Take care, Jason
For short notice lists, do asylum offices provide confirmation that they have received the request to be placed on one? A friend who is an asylum applicant contacted the asylum office so he could be added to their short-notice list, but didn’t get anything in response, and it’s been a few weeks. Will mailing a letter to the asylum office (requesting confirmation) force them to confirm receipt of his request? Or should he just hope for the best?
I think they often do not tell you. You can email them to ask. You can find their contact info and email if you follow the link at right called Asylum Office Locator. Take care, Jason
they did in my case, Boston office
Thanks much Jason and everyone.
Hello Jason,
Thanks a lot for your informative previous article about immigration court and beyond. But now i’m concerned and confused about Justice Department’s (AG) last weak decision that they will eliminating a requirement that asylum seekers get a full hearing before an immigration judge. I need to know that Justice Department will eliminating FULL HEARING from BIA or Federal Appellate courts? Please explain with details for us. Your kind help is highly appreciated.
The decision does not do that (yet). And I think if the AG tries to change the rule, it would only apply to certain cases. It is obviously not good news, but until we know more, it is difficult to say exactly what the AG has in mind. Take care, Jason
Hi Jason
Thank you for all help here.You are doing great job.
If asylum case is denied from AO, is it possible to get GC through employer sponsorship if I am out of status.Your opinion and your experience?
Maybe, but you would probably have to leave the US to do it, and that can be very difficult to arrange. You would have to talk to a lawyer. Make sure that you are able to complete the entire process and get the green card; some lawyers will start the process (and take your money) even though they know that it is not possible to get the GC in the end, so be careful about that. Take care, Jason
The judge in Louisiana after the referral have give me my hearing in march 2021 and this happens after an (error) by the offeser in Metairie office who considered (UAE) working visa ad a legal status do you think this is normal time and if i go to Virginia could i have shorter notice and finally am I considered protected from deportation during the three years waiting time
Many thanks for your appreciated help
Whether it is a normal time depends on the court and the judge – some are relatively fast; others take years. If you move, you may get a faster court date, but there is no guarantee. I wrote about expediting court cases on April 20, 2017. You are allowed to remain in the US until the court case (and any appeal) is complete. Take care, Jason
Hi Mr. Jason
Thank you so much for your guidance.
As there is no scheduling bulletin, I appreciate it alot if anyone could give any information about the year they applied and their interviewing status, Do they interview December 2016 cases.
I am in Los Angeles, waiting for my interview filled on December 2016. Does anyone know about the Los Angeles asylum office ?
May I hirer you as my lawyer ?
Thank you.
Raj
Hey Raj,
I have applied at the same Asylum office in July, 2016 and still waiting for interview!
Why did you copy my comment?! It’s kinda weird Raj!!!
Hi Raj!
What you did is just plagiarism. How can you copy somebody comment from the beginning up the end? Do you both have the same case? The only thing you changed is date and I feel so bad for you. You can’t attend college with a such dishonest behavior.
I think it is too soon to know how the LA office will go. We will have to see how things move along. As for me, I can do a case in LA, but if you have already filed the case, you may be better finding a local lawyer. Anyway, my email is jdzubow@dzubowlaw.com if you want a consult. Take care, Jason
Hello Jason and readers in this blog.
I was just checking the asylum judge and court in VA .My three questions are
1)since I live in Virginia is automatic to get an asylum judge from Virginia court or they can give me one in Baltimore or any other area other than VA?
The grant rate at VA immigration court was as follow for its judges (2017)
Harris, Rodger C. 10.8%
Bain, Quynh Vu 57.5%
Owens, Robert P. 64.3%
Snow, Thomas G. 68.4%
Iskra, Wayne R. 75.4%
Burman, Lawrence O. 76.7%
Bryant, John Milo 82.9%
Schmidt, Paul W. 83.5%
2) Do you know the reason why the rate is extremely low for the judge Harris, Rodger C.? isn’t he handling cases as other judges in the same courts or is handling some specific cases or some specifics countries or area
3) I saw judge Harris, Rodger C appearing in Boston immigration court is he the same man , or how comes someone to be working in two different court (or states)at the same time.?
Hi baby,
Where do u go to get all these judges information ? As I wanted to get miami judges info.
Thanks
Sorry I wanted to write baub
Check the link here
http://trac.syr.edu/immigration/reports/judgereports/
That”s the link zim has put on.
Google “TRAC Immigration”. Take care, Jason
1 – If you live in VA, you should have a court in VA. 2 – I thought Harris was a pretty good judge and I did not notice a low grant rate with him until a couple criminal-immigration cases I had at the end, but then he moved to another court, and he is not in VA. 3 – I think he moved to North or South Carolina, but judges get moved around, so maybe he was in Boston for a bit; I don’t know. Take care, Jason
Hi Jason,
Thank you so much for your guidance and compassion.
As there is no scheduling bulletin, I appreciate it alot if anyone could give any information about the year they applied and their interviewing status, Do they interview 2015 cases as well as new cases?
I am in Los Angeles, waiting for my interview filled on 2015. Does anyone you know interviewed recently whom filled on 2015?
Thank you.
They changed the scheduling rule. Now they start from the latest cases to the old cases,,read this: https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-interview-scheduling
Hi Liz !
Yes my roommate applied in December 2015., yesterday recived invitation for interview. 04.04.2018 it’s gonna be the interview
Take care & good luck
Hi L.f,
Thank you so much I am also on December 2015. Did he applied on Los Angeles and didn’t expedited his case?
Thank you I really appreciate your respose.
Hey, thank you for the info, yes please if you let us know if your roommate applied from LA in December 2015 and was it expedited? many thanks
Hi I applied on Dec 2015
Chicago stll waiting interview
Witch offiice did you apply
L.f- please could you let us know the asylum office? Thank you
I don’t know, and I think at this point, it is still too soon to know how the new policy will be implemented on a long term basis. I wrote something about this on February 28, 2018. Take care, Jason
hello liz , my husband in LA , we applied in July 2015 with no interview until now .
Thank you so much for informing me maz.
I really don’t know what’s going on, Are they interviewing both 2015 and 2018?!! It’s really confusing!
We can only wait and see.
Hi Jason,
Could you please tell me if my case is gonna be referred to court if I am applying with expired status? I am still within 30 day grace period, but have read that if you are applying ‘out of status’ you case is referred to immigration court under new terms.
Is that true?
That is not true – I wrote about it on January 18, 2018. However, if you are applying after one year in the US, and your status has now expired, you must show an exception to the one year rule, and show that you filed with a “reasonable period” after your status expired. The asylum office is giving people the option to skip the interview and go directly to court if they are filing after one year, but that is your choice, and if you have a possible exception to the one year rule, I think it is far better to attend the asylum office interview. Take care, Jason
Hi Jason,
I have my second interview coming up in two weeks. In my interview, I explained that my parents fled Iran due to persecution as my dad was atheist, and I identify also as atheist as well as being against the current regime (I think the Shah was a much better ruler than the current Ayatollah and I am against theocracy) What are my chances? I also argued that I am way too americanized to go back to Iran, as I have no recollection of being there
It is difficult to say. If you have been threatened, or if you or your family are known to be atheists, it is probably a stronger case. If you have not done much about your atheism or your political views, it is probably a weaker case. Country conditions are helpful for your case, given that people can be executed for apostasy, so hopefully you will have a decent chance of success. Good luck, Jason
Hi jason what about applied asylum in 2015 when will be intervuew please thanx
No one knows – I wrote something about that on February 1, 2018 that provides some info about this. Take care, Jason
Very thankful for everyone, specialy lawyers on this blog.I found it recently , and regretting why I am not seeing this little earlier . I am in Virginia too. But it is ok I am happy now.
I applied Dec 2017, my status was expired, worried about interview. AO send cases to IJ all of the one year bar cases?
Any one have their relatives got visa by telling to embassy consul that some one in their family is seeking asylum in US. Can my son apply student visa and get it, while I am here applied asylum? Should I try?
You som will not get a visa because you are out of atatus
There are exceptions to the one-year bar. I wrote about that on January 18, 2018. Your son can apply for a student visa, but the fact that you have a pending asylum case will make it more difficult for him to get such a visa, especially if he was under 21 and unmarried when you applied for asylum (and is thus a potential beneficiary of your asylum case). Take care, Jason
Hi Jason. I’m reading your blogs from last three years. It’s always very informative. Today I got my grant letter in court. My hearing was in Aug 2017 but they gave me grant letter today. I applied asylum in 2014 so after almost 4 years I got approved. So thanks Jason because I always read your blogs. I have another question how can i get my I-94 with asylee stamp. Because today I received only grant letter. Thanks agian
Congratulations Ad
Thanks broken
Congratulations! Thank you for sharing the good news (particularly nice on a Friday afternoon). You should also receive the I-94 by mail. Usually, it is copied onto the last page of the approval letter. If not, you can contact the asylum office and ask them. You can find the asylum office’s contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason. I received my approval letter in court today not in asylum office. Judge gave the only grant letter not the i-94. So my question is how can I apply for I-94 thanks in advance
Hey Ad,
I know someone who was granted asylum by a judge last year. Schedule an info pass appointment at a USCIS field office in your city to get your new I-94.
Note: you’ll need the judge’s grant letter and two passport photographs.
Congratulations Ad…! You will eventually get a letter from uscis with your new i 94. It will take 2 to 3 weeks.
Thanks John
Thanks nevadi.
If the case was in court, you should make an Info Pass appointment at http://www.uscis.gov and go to the USCIS to get your I-94 and new work permit. It can be difficult to get an appointment, and sometimes it is easier if you try after midnight. You can also Google “post order instructions in immigration court” and I think you will find this into. You need to bring the Judge’s order, your ID, and passport photos. Take care, Jason
Thanks Jason
dear Ad
heartiest congratulation to u !!
i m also waitng since oct 2017.
any news for you, in what state? I apply in October too in NY
Hello Jason,
How does the new step that Sessions took this week affect this process?
“on Monday, Sessions took the unusual step of digging up an old legal decision that affirmed asylum-seekers’ right to a make their case in court—and cancelled it.”
https://qz.com/1223294/jeff-sessions-is-quietly-remaking-the-us-immigration-system/
I just saw your earlier reply. Looking forward to read what your next post about it.
Thanks
He did not exactly cancel it – He canceled the BIA decision that said asylum seekers have a right to a full hearing. We will have to wait to see how they change the rule on this. Obviously, it is not a good sign, but until they issue a decision, we do not know how bad the damage will be. Take care, Jason
Hello Jason!
I hope you are doing good! Are they handling the cases in immigration courts on LIFO basis too?
No, and it is still unclear how the courts will deal with referred LI-FO cases. Supposedly, such cases will get priority, but we will see. Take care, Jason
Thank you!
Dear Jason,
I admitted in nyc through jfk on JAN 24 2015 and legally I can stay here 6 month until 23 July 2015 but I applied for asylum on July 24 2014( USCIS received my case).Still now I am waiting for the interview.
am I still legal in the USA?
I applied for asylum July 24 2015.
You are allowed to stay in the US until the case is resolved. In that sense, you are legal. Take care, Jason
Hi Jason
My application for initial EAD was received on February 20, 2018, unfortunately on trying to check my case online, it keeps giving me invalid receipt number. What could be the reason please?
You should be able to check the status of the EAD online. If not, you can try to call USCIS and ask. Their number can be found at http://www.uscis.gov. Take care, Jason
hi Jason
Thanks for everything
If someone get asylum ,wait for a year and get his green card, does his dependents who are joining him soon have to wait for one year (once they get to USA)before applying for Green card or they can do that immediately once in usa?
If the dependents arrive after him (using form I-730), they have to wait a year after they got asylum to apply for their own GC. So in other words, they are on a slower schedule than the principal applicant. Take care, Jason
Hi Jason,
Can I go for my fingerprint interview before it is date as Walk-in? I can not make the interview on the date mentioned in the notice letter.
This used to be possible, but they have changed the policy several times, and I do not know. You can try and see what happens. Take care, Jason
I have tried with two of my kids and it worked. In fact, one of my daughters was scheduled before my wife and my younger daughter. I just took all the family with me and luckily, they were all fingerprinted the same say. I think it is worth trying
Hi Jason,
Hope your doing well. Just need your opinion on this. Does a citizen of a country which is a member of the European Union and who was granted Asylum in the U.S, wishes to travel to, let’s say Italy; does he need a visa stamp on his refugee travel document before traveling? or is he still exempt from visa requirements based on his country of origin.
There’re many other such treaties between countries; So, which one prevails? The country of citizenship or the fact that the document was issued by the US.
Regards,
I do not know – you would have to contact the embassy of Italy to see whether you need a visa. I think most countries in the EU will accept the RTD for travel purposes, but I do not know whether you need a visa. Take care, Jason
Hi Jason !
I have read some of your recent posts and I do agree with you that the asylum decision is getting tougher. I have applied for asylum in Chicago office since 2013 and I have been interviewed three times so far. I did my fist interview on October 2016(2hrs and 15minutes), second interview on June 2017(1hr30 minutes) and the last one on February 2018(45minutes). When I showed up for the second interview , the officer told me that they decided to call me back because some questions were not asked on the first interview ; same thing on the third interview but it was a little shortened. From my experience of being three times in front of officers, I noticed that the USCIS is hiring more people of young age which is good but unfortunately some of them do not know much about the outside world. when I did the second interview, the officer in front me did not know much about my home country languages , ethnicities even countries that share borders with my home country. It was a little boring because every time I answered a question, the officer took two to four minutes of silence reading papers on table, reviewing my application, and looking on computer before asking another question and this happened from the beginning to the end of the interview. In five years, I have been interviewed three times and I’m still waiting. By chance have you ever had any case of asylum seeker having three interviews in past? For now I can’t tell what to expect after three interviews. For people who complain not being interviewed after three or six months after filing an asylum application ,here is my journey ,five years and I’m still waiting. ‘’Asylum=patience’’
Thanks so much for your updates, Jason.
I did recently have a client who had her third interview. It is very frustrating. When the decision will come in that case, or yours, I do not know. But certainly after all that, if it does not come soon, you can contact the office and inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks so much Jason ! Five years with three interviews and still undecided?This tell me that there is something wrong with USCIS. If they keep doing multiple interviews to people who applied for your years ,what gonna happen to those who applied recently? I hope they’re not gonna call me for a fourth interview.
Multiple interviews are not so common. Hopefully, the third time was the charm. Take care, Jason
Can we still apply for EAD, if we received NOID and we are in transition time until we have a court date determined, or if we are in between the court & BIA dates?
If you get a NOID, typically you will not go to court (unless the NOID comes while you are in status and the final denial comes when you are out of status). But you can apply for an EAD while the case is transitioning from asylum office to court. If you file to renew the EAD after you get a NOID, and the case is denied, the EAD will be denied too, and you will lose the filing fee. Take care, Jason
Hello Asylumist family. Today I got recommend approval after 2 weeks interview with the Houston Office.
Jason my question is how long usually take to receive the result of the background check?
And how are usually the outcomes after the background checks?
One of the ladies in the Asylum office told me that the background checks are made in the HQ.
Congratulations AG
Hey AG,
Could you share your timeline? When did you apply and how long did it take you to be interviewed? I will appreciate that
Congratulations! That is great news. There is no way to predict the time frame. Usually it is a few weeks or months, but sometimes it can be longer. My understanding is that HQ review is not for the background check, but for other reasons (which I wrote about on October 20, 2015). But the background checks are not determined by the asylum office itself and so I think they cannot control the time frame. It would be very unusual for a recommended approval to change to a denial, so I think you should not worry about that. Take care, Jason
Congrats!
Another day, another RA. Hope you get your final approval soon.
can you tell me when you apply? how was the interview in Houston. Im thinking to moving there in a couple of month
Hi AG,
Can you please share your timeline? When did you apply to the Houston office and when did you get your interview notice? Also did you expedite or shortlist?
Thank you!
Does anyone knows the condition of Newark office?what years have been interviewed?
Newark office comment on the new policy of January 29th saying they are still looking at 2015 cases (probably November to December cases) till March 5th, then they will give priority to newly filed cases BUT they will still look at backlogged cases “as resources permit”.
Thank you, Jason
I think they interviewed cases into 2015, but I do not know how they are implementing the LI-FO system. Take care, Jason
My Friend Applied On July 2016 and he did interview on 3/1/18
Did he try to expedite or shortlist? It is strange in Newark office because I am also interviewed even though I applied in late 2016. I had an unsuccessfull expedite request though
Another strange thing in Newark office. When I was interviewed, the lobby looked like the hall of Dmv. Too many people in there, I heated some lawyers saying that was the most crowded scene in 15 years in that office. I suspect Newark office is interviewing people in mass.
How come guys ,,
I applied early june 2016 in nerwark Virginia and didn’t get anything.
I really get scared ,, do you guys expedite your cases or this is regular interview ?!
Please reassure me
Thanks
Alienn, I tried to expedite one year ago but not successful, I was in their shorlist for interview and rejected one interview offer a few months ago. One months ago, I was suddenly scheduled for an interview and I don’t know why. one of my friends who applied in November 2016 was also scheduled for an interview and I don’t think he ever applied for expedite but maybe he was in the shortlist. I suspect, during the schedule rule change there were not many new filings so Asylum office started to have some extra slots and they may have just filled that slots with shortlisted cases, just a guess.
Maybe they had open interview slots so they reached back to your case, since you had asked to expedite, and interviewed you. Who knows? Take care, Jason
Jason please help,
My lawyer received a notice today saying that my case was terminated because I had they had mailed me and my address returned their correspondence. Now my address had not changed and I never received anything from the AO after my interview (of which notice was served at the same address just fine).
What is going on?
I do not know, but you (and/or the lawyer) should contact the asylum office and ask or go in-person. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason ,
Please suggest me what I can do . I applied for ead for me and my wife together . Yesterday we received her ead but not mine what could be the reason and she is my dependent on asylum application?
Its totally fine, happened with me too, it will come in difference of a few days mine was delayed for a week after my wife’s came and she is my dependent
Pls how long did you wait for the EAD after you filed for it. Thanks
Hi faith,
I filled for asylum 30 aug 2017
Filled for ead 2nd feb 2018 taxes as I live in Miami
Received ead for wife 7 March 2017.
First ead comes within 1 month ..
Thanks you r right . I receive letter today that my ead got approve may be I get by tomorrow.
Do you know Why ssn says it’s only authorized to work only it mean we can not buy house or can’t open bank ? Do u have any idea
You should be able to buy a house (though getting a loan may be difficult) and open a bank account. Different banks have different policies, so shop around. Take care, Jason
Hi Sim,
This is actually pretty normal. Happened to me every time I applied. I don’t think you should worry about this.
Waiting times for EADs can vary. Hopefully you will get yours soon. I think it is too early to worry, but if you want, you can call USCIS to ask. You can find the number at http://www.uscis.gov. Take care, Jason
Is it possible to move with a scheduled individual hearing and have the case transferred somewhere else?
It is, but the judge may not agree to do that. You would have to file a Motion to Change Venue. Take care, Jason
Hello Jason
I know I shouldn’t be saying this but I found your image very funny! Press 1 to deport….that cracked me up very well. =D =D
Keep up the good work that you are doing.
Michael, I found the image funny, too.
Thanks. I am only writing the blog posts as an excuse to make funny pictures (at least funny to me). Take care, Jason
Hi Jason,
I’m an asylum seeker from Iran. My fiance is from Pakistan and he won his assylum about a year ago. We were going to marry next Wednesday however I got a call today for the expedited interview on next Tuesday. I was so shocked and I accepted it. Should we go for marriage as planned next day after my interview or making it before interview can help? It was just so sudden. I look forward to hear your thoughts. Thanks
In which office it was expedited?
Hello Fatima , first of all congratulations on your wedding . Mabrook! I just need your guidance on the outline of the expedite form as in did u attach any proof or evidence ? With the letter and how long did it take them to respond to your request . Thank you
I don’t know that it will make much difference. He could not sponsor you for a GC until he has a GC of his own. Even then, you would probably have to leave the US to get your own GC. Only when he is a US citizen can he sponsor you for your GC without leaving the US (probably – talk to a lawyer to review the case to be sure). Take care, Jason
Thank you very much Jason for your input.
Do you recommend any good lawyer like yourself in Boston area?
I don’t have a lawyer to recommend in Boston, sorry, Jason
Hi Jason
I waiting for my decision to be sent by mail
when I had the interview I was in status that’s why I think the AO told me the decision will be sent by mail
no I’m out of status. will they still send it by mail ? or the will call me to pick up ?
They could do either, so make sure you keep your address updated. In most cases, I think they will just send by mail, even if you are no longer in status. Take care, Jason
https://qz.com/1223294/jeff-sessions-is-quietly-remaking-the-us-immigration-system/amp/
Looks like UsSCIS and the DOJ are finally working as a team to completely shut down asylum in the US.
Pending, this is much bigger than asylum. They are going after immigrants (black and brown ones to be exact) on a whole. The very fact that Sessions was essentially barred from being a judge but somehow became the boss of all judges is very telling. Sessions, to me, is a KKK member in suits.
Hi Jason, what do you think the repercussions of this latest decision taken by Sessions and the DOJ for affirmative asylum applicants and their interviews with AOs?
Sessions has done a couple things, and how these will play out is still unclear. It is clear, though, that he is trying to limit the ability of people to seek asylum in the US, though up until now his main targets seem to be people fleeing gangs in Central America. I am going to try to write something about what he is doing soon. Take care, Jason
Sadly, that is not too far off…
They are doing their best, at least to attack around the edges. Hopefully, it won’t go too far before Stormy Daniels brings the government down…
😂😂😂😂😂😂😂😂😂😂😂
He is trying to remake the system, and not in a good way. It helps that he is not the brightest bulb in the tree, but he is still doing damage. Take care, Jason
Kamala Harris is handling him. 💪🏻
Thank you Emeritus Professor Jason for your lessons and information. I met my lawyer yesterday and he made me to feel worried about my claims. Do you think that waiting for a decision for one and two months would be out of ordinary?
It took 22 months till I got my decision
HA what was the outcome of decision after this long?
One of my friend got his final approval after 21months and granted asylum.
Hi, what was the approval date because i learnt they backdate it even if you waited for months to receive the decision.
Thank you HA.
I’m waiting my decision 28 months and still counting. I did my interview on Oct 2015.
Ugh. I wrote about this with some ideas on February 26, 2015 – maybe that would help, but it is very difficult to get them to issue decisions in delayed cases. Good luck, Jason
Thank you for promoting me! We have many clients who wait months (or longer) for a decision. I think this is pretty common. Take care, Jason
Hey,
My hearing date was supposed to be today but 3 days ago in the system they’ve changed it to be now in 10/26, what could be the reason of this change? I enter the US last year through mexico border. Why did they changes my court date?
When did you apply for asylum and when did you have interview?
There are many reasons and it is common for court dates to change. I doubt it is anything related to your case specifically. More likely, the judge had a dentist appointment or some other priority case bumped your slot. I would not worry about the reason, though the delay is frustrating. Take care, Jason
Thank you jason for your valuable information.
So it means even after initial denial by AO, we still have hope to remain in US and can fight to turn result in out favor, some times its hard to prove realities to officials but losing hope is probably not an option in such scenario.
BTW do you think by following the due steps could grant us few years to remain in US even things don’t go in our favor as per new system ?
Thank you
Yes, and more than that, it is (in most cases) easier to win a case in court than in the asylum office. When I first started doing asylum cases, I only did court cases. Most of my clients had been denied by the asylum office, and we were able to win most of their cases in court. As for the time frame, you can stay in the US for as long as your case is pending, but how long that will be depends on the judge. Usually, it is a few years. Take care, Jason
Thanks Jason
I’m thinking to come and meet you and hire you as my lawyer 😉
If you want an appointment, please email me first: jdzubow@dzubowlaw.com. Take care, Jason
I am moving to Virginia. I do not want phone consultation😀 Trust is everything in lawyer, client relationship.
Hi Guys,
Jason was my lawyer & GOOD LUCK CHARM too 🙂 and no one else could represent me better. We won the case in first appearance in front of AO. He supported me in every way. I cannot thank him enough. I would recommend him with full five stars to everyone!!!
P.S: Jason ! my husband is coming next week 😉 All Smiles!!
Thank you – I will surely send you a check for your endorsement! Best of luck to you and your family, Jason
Dear Sir,
Thanks very much for providing the valuable information. I am with my family intending to apply for asylum in SFO-AO, but we do not have sufficient funds to hire an attorney at this point of time. I have a friend who is law student, can help me writing my declaration and assemble application.
By reading your blogs I understands, it’s vital to have one for interview at AO. However, in the view of current proposed LIFO, can an attorney do a lot? Since an asylum seeker has to run his own marathon.
My question is if I hire an attorney, will he accompany & assist us during interview at AO or he would just assemble and forward our application to AO?
Regards,
The lawyer will be present at your interview though you and your family members will do most of the talking. At the end of the interview he would make a closing statement supporting your case and re-iterating why you deserve asylum. Having a lawyer is not a guarantee of approval but it increases your chances, as they say. I am a green card holder now and I was approved at my interview without a lawyer.
In my opinion, the most important jobs of the lawyer are preparing your case (documents and affidavit) and practicing with you for the interview. Attending the interview with you is less important. I wrote about whether people really need a lawyer on July 7, 2016, and provided some ideas to find a free lawyer on September 22, 2016. Take care, Jason
Thank you so much Mr. Michael and Sir Jason. I will keep update the forum about my case’s progress.
When u go to pick up the decision and they say ur case is in court now…what does it mean?n im how much tI me u will receive ur decision
From my understanding, you have been referred to an immigration court for deportation proceedings and you have a second shot at presenting your case in front of an immigration judge for a decision independent from that of the asylum officer. Some people prefer to file for Asylum while out of status as it gives them 2 chances of being heard (at the asylum office and in front of a judge). At this point, you basically have to wait to receive your NTA (notice to appear) showing your court date. It may take some months to arrive as there’s backlog for immigration court hearings but in the meantime you could keep working or file for your EAD (if you haven’t already) after 5 months from asylum filing while you wait for your NTA. I hope that this answers your question.
It means the asylum office denied the case and now the case will go to a judge. Either the judge can grant you asylum, give you some other relief, or deport you. I write about this above. Take care, Jason
My dad is approved the CAT AND WITHOLDING ACT by the asylum officers but the judge denied and now our lawyer make the appeals, can you tell me what can expect from the appeal?
Thank you an avance
It is not legally possible for the asylum office to grant CAT or withholding. Only a judge can do that, so I am not sure I understand the question. If you lost in court, and if there is an appeal, the BIA will decide the case and either agree with the judge or send the decision back to the judge to make a new decision. I discuss this above in the article, as well. Take care, Jason
How is a defensive asylum case, and denial, different?
I wrote about final denials in part 1. A defensive case just means that you are in immigration court and you are applying for asylum as a defense to being deported. Take care, Jason
Hi. My case is in immigration court NY. Court gave me long date for individual hearing for 2 years. in last Dec 2017 security forces attached on my House in my country and harrassed my family. i moved a motion for early individual hearing in court this week.
My Question is that:
My case will be as first come first hearing basis due to motion? can IJ will give me individual hearing soon?
The IJ could grant your motion and give you a sooner date, if the IJ has an opening. But such cases are not always advanced. Hopefully, yours will be. Take care, Jason
Hey Jason
I am Syrian citizen
Left Syria in 2011.
I applied in nov 2015
Interviewed in nov 2017
Got the deiny “politely refferel to court” in Jan 2018.
The reason is
You have not established that there is responsible
Possibility you would suffer persecution in the future
I don’t have valid passport so I can go to any country
For me going back to Syria means 100 percent I will be arrested and killed by the Syrian regime.
After almost four years in the US I feel so bad I can’t sleep well and I got so many panic attack
Do you think there is a way to ask the Jude to deport me to Canada or does the United Nation help in my case to resettle me in safe country,
sorry Mohamed Im syrian too and I applied on Dec 2015
and no interview yet
can you please tell me witch office
and im so sorry for you الله يخترلك الخير
I got interviewed in New York asylum office
I think you should focus on winning your case in court – I find that it is easier to win in court than at the asylum office. One reason may be the seriousness of the decision. In the asylum office, the officer either gives you asylum or sends you to the judge. In court, the judge gives you asylum or deports you (potentially to your death), so it is more serious. Of course, some judges are better than others. In your case, in addition to asylum and other relief, you can ask for voluntary departure. That way, if you ultimately are denied all other relief, you can buy your own plane ticket and leave. You can go anywhere that will give you a visa (assuming you can get a passport – I know that may be a big assumption). Also, at least these days, I think the government is not returning people to Syria because it is such a disaster. Finally, I am not sure whether you might be eligible for TPS, but maybe it is worth exploring. Take care, Jason
Thanks for sharing. BTW, i just called 800-898-7180 and it seems like 800-898-7180 can’t tell you who would be your Judge anymore. Are they rescheduling Judge for cases? The mastering hearing date is the same but can’t know the Judge. Thanks.
I noticed that too starting a few days ago. At first, I thought it was just my one case, but now I am thinking they will no longer tell people the name of the judge. It’s just another small way that they make things more difficult for people in the system. You can still find the name of your judge by calling the court directly and asking the receptionist (you will need your Alien number). You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
Thank you so much !
Amazing.
Informative and resourceful as ever.
Thank you Jason, God bless.
Thanks jason for the Information