The What and the Why of Torture Convention Relief

When a person applies for asylum, she generally seeks three different types of relief: Asylum, Withholding of Removal under INA § 241(b)(3), and relief under the United Nations Convention Against Torture.

CAT WOR

Of the three, asylum is the best–if you win asylum, you can remain permanently in the United States, you can get a travel document, you can petition to bring certain immediate family members to the U.S., and you can eventually get a green card and become a U.S. citizen.

But some poor souls do not qualify for asylum. Perhaps they filed too late, or maybe they are barred due to a criminal conviction or for some other reason. Such people may still be eligible for Withholding of Removal (“WOR”) under INA § 241(b)(3) or relief under the United Nations Convention Against Torture (“CAT”). I’ve written previously about the benefits (or lack thereof) of WOR. Today I want to discuss CAT: Who qualifies for CAT? How does it differ from asylum and WOR? What are its benefits?

To qualify for CAT, you need to show that it is “more likely than not” that you will face torture at the hands of your home government or by a non-state actor with the consent or acquiescence of the home government. If you fear harm from a terrorist group, for example, you likely cannot qualify for CAT, unless the group is controlled by the government or acting with government sanction.

Of the applicants who fear torture, there are basically two categories of people who receive CAT: (1) Those who are ineligible for other relief (asylum or WOR) because there is no “nexus” between the feared harm and a protected ground, and (2) Those ineligible for other relief because of a criminal conviction.

Let’s talk about nexus first. “Nexus” is a fancy word for “connection.” There has to be a nexus between the feared persecution and a protected ground. An alien may receive asylum or WOR only if she fears persecution on account of race, religion, nationality, political opinion or particular social group. In other words, if you fear that you will be harmed in your home country because someone hates your political opinion, you can receive asylum. If you fear harm because someone wants to steal your money, you probably don’t qualify for asylum, since common crimes do not generally fall within a protected category (I’ve written a critique about the whole nexus thing here).

In my practice, we sometimes encounter the nexus issue in cases from Eritrea. That country has a form of national service that is akin to slavery. People who try to escape are punished severely. However, fleeing national service does not easily fit into a protected category, and thus many Eritreans who face persecution for this reason cannot qualify for asylum or WOR. Such people are eligible for CAT, however, since the harm is perpetrated by the government and constitutes torture.

Now let’s discuss the other group that sometimes receives CAT–people with criminal convictions. Some crimes are so serious under the Immigration and Nationality Act (“INA”) that they bar a person from asylum or WOR. For example, if you murder someone, you can pretty much forget about asylum or WOR. Drug crimes are also taken very seriously by the INA, as are domestic violence offenses. In fact, there is a whole area of law–dubbed “crimmigration”–that deals with the immigration consequences of criminal behavior. Suffice it to say that certain convictions will block you from asylum and/or WOR, and it is not always intuitive which crimes are considered the most serious under the immigration law.

If you are ineligible for asylum or WOR due to a conviction, you will not be barred from CAT. The United States has signed and ratified the CAT, which basically says that we will not return a person to a country where she faces torture. So even the worst criminals may qualify for CAT relief.

So what do you get if you are granted CAT?

There are two sub-categories of CAT: Withholding of Removal under the CAT (which is different from WOR under INA § 241(b)(3)) and Deferral of Removal under the CAT. This means that the Immigration Judge will order the alien deported, but will “withhold” or “defer” removal to the country of feared torture. Of the two types of relief, Withholding is the more stable status. It is granted to people who do not qualify for asylum or CAT due to a nexus problem. It is also available to certain criminals, but not the most serious offenders. Deferral can be granted to anyone who faces torture in the home country, regardless of the person’s criminal history. Deferral is–theoretically at least–more likely to be revoked if conditions in the home country change. In practical terms, however, there is not much difference between the two types of CAT relief.

For both types of CAT relief, the recipient receives an employment authorization document (“EAD”) that must be renewed every year. The person cannot travel outside the U.S. and return. She cannot petition for relatives to come to the United States. She can never get a green card or become a U.S. citizen (unless she is eligible for the green card some other way).

CAT beneficiaries who are detained are not necessarily released. If the U.S. government believes that the person is a danger to the community or security of the United States, she can be kept in detention forever (in practical terms, this is pretty rare, but it is certainly possible).

Also, sometimes ICE harassers CAT (and WOR) beneficiaries by ordering them to apply for residency in third countries. ICE officers know very well that third countries are not clamoring to accept people who we want to deport, so essentially, this is a pointless exercise. When my clients are in this situation, I advise them to comply with ICE’s demands, and eventually (usually), ICE will leave you alone.

CAT relief is certainly better than being deported to a country where you face torture. But for many people, it does not offer the security and stability of asylum. I view CAT as a last resort. We try to get something better for our clients, but we are glad it is available when all else fails.

Related Post

179 comments

  1. Hello Jason
    The immigration judge granted me CAT withholding and i appealed it to the BIA asking for asylum
    Do you think i have better chance than if i was denied ?
    Plus the judge found me credible
    Does this help also?

    Reply
    • Credibility is important and that helps, but what your chances are of winning, I do not know, as it depends on why you were granted CAT. Take care, Jason

      Reply
      • I was granted CAT and that was the part of the decision that made the judge grant me CAT:
        “let alone torture, during the months he spent in Lebanon after his
        return, the Court nevertheless finds based on the evidence overall, including the severity of the
        past harm against him and the targeted nature of that harm (e.g., men coming to his place of
        employment and asking for him by name in order to shoot him), that he is nevertheless more
        likely than not to be tortured if he returns to Lebanon.
        The Court grants Respondent’s application for withholding of removal under the Convention
        Against Torture”
        -Do you think this will help the appeal and grant me asylum?

        Reply
        • It is difficult to tell without reviewing the whole case, but it sounds like the judge gave you CAT because there was no “nexus.” In other words, the harm you fear is not on account of your race, religion, nationality, political opinion, or particular social group. If so, I think you will have to convince the BIA that based on the evidence in the record, your persecutors seek to harm you on account of one of those grounds. People who fear harm that is not based on one of those grounds are not eligible for asylum, though they can get CAT. If there is some evidence in the record to support this idea, you may have a decent chance to win on appeal. I would talk to a lawyer to review the case carefully to see whether that is possible. Take care, Jason

          Reply
  2. […] are still two main options–Withholding of Removal (“WOR”) and relief under the UN Convention Against Torture (“CAT”). Both forms of relief are potentially available to people who fear persecution […]

    Reply
    • I have A-10 category, I am a college student. Am I able to apply for a semester study abroad program through a travel document (specifically advance parole) for this?

      Reply
      • Sorry, I do not know what category a-10 is. If you have a pending asylum case or a pending green card case, you may be eligible for AP. If you are applying for AP based on pending asylum, you need to show a humanitarian need for the travel, and I do not know whether a semester abroad would qualify for that. You might want to talk to a lawyer for advice about whether this will work. Take care, Jason

        Reply
        • It’s for withholding of removal under CAT. I know DACA recipients can apply, but wondering if it’s worth trying?

          Reply
          • Oy – I should have known that. I am going senile. Unfortunately, people with withholding or CAT are not able to get Advance Parole. Depending why you have withholding, it is sometimes possible to get a better status (usually by marrying a US citizen and reopening the case). Take care, Jason

  3. Hello Jason, I need little help from you. I was entered USA legally after that i filed for asylum, they offer me CAT relief I was agreed with it, it was last year 2017. They said they are not gonna send me back home but they give me green card either. After year July 2018 I got married my wife is US citizen, now she want to apply for my green card, Will I get card after she apply for me??? Please write me most openion. Thank you very much Jason, you are very helpful.

    Reply
    • First, you need to determine whether you are eligible for a GC based on marriage. Talk to a lawyer about that, as there are many factors. If you are, she can file an I-130 petition for you. You also have to reopen the court case (it is best to try this within 90 days of the case be closed, otherwise, it is more difficult to reopen) and then apply for the GC. It is a process, and you should at least talk to a lawyer before you start spending money on this, in order to know whether you can complete the process. Good luck, Jason

      Reply
      • Is it possible to re-open the case after 1year???
        And what will be happen if some one get married with green card holder right after CAT relief ?? Will he avail to get green card when his wife become citizen, I know she cannot apply for him until she become a citizen. Do they need to reopen the case and righ after CAT relief ???

        Reply
        • You can do it after a year, but it may be more difficult. If your wife has a GC, she can still file the I-130 for you, but you cannot apply for the GC until a visa is available (Google “DOS visa bulletin” to see the wait time), and then you would have to find a way to leave the US to get the GC overseas. Once she is a US citizen, you can get the GC in the US (assuming, again, that you are eligible for this), so in practical terms, you probably have to wait for her to be a citizen. Once you are eligible to get the GC (or maybe a few months before that, after the I-130 is filed), you would have to reopen the court case and then get the GC from the court, or have the court terminate your court case and you can get the GC from USCIS. Take care, Jason

          Reply
  4. Hi Jason I get too much help from you I need 1 more last help, please help as much as u can, today was my asylums final court hearing and I was agreed to get CAT, they approved CAT. My question is can I get a green card through marrying a citizen ??? Please help me

    Reply
    • Maybe – it depends on the case. If you entered the US legally and have no criminal convictions, you may be able to (even if not, you may be able to, but it is probably more difficult). Talk to a lawyer about the specifics of your case to know. The process is tedious since you would need to have your spouse file the I-130 petition, reopen the case (which is easier to do if you can do it within 90 days, or if you appeal the CAT case and the appeal is pending), and then somehow get rid of your deportation order (anyone granted CAT also has a deportation order). Talk to a lawyer to see what, if anything, can be done. Take care, Jason

      Reply
  5. Hi Jason,

    I have read many of your articles and I found them very informative for people who are in dare need of help. I have couple of questions, I will be grateful if you can reply. First I will explain you the situation.

    A friend of mine who is from Pakistan lives in US from October 2014. She, her husband and 2 kids were detained in Pakistan in their house by terrorists for 2 days. They were mentally and physically tortured but very luckily they escaped from detention. The terrorists wanted to use her husband for certain things that were not clear to them in 2 days. They tried to get help from police but unfortunately the police officer didn’t help them instead he informed their whereabouts to the terrorists. Police officer was having a great support from the political party in Government at that time so all her efforts were pointless to find any relief. They find no relief in Pakistan and came to US. Due to the severe nature of this incident they were sociology isolated in US. Until now they have not filled asylum application in US. The delay was due to the Police officer who continuously threatened her father in Pakistan and extorted money. Now they government duration is complete and that officer is transferred to another city. So my fiend think this is the right time to file asylum application.

    I need your views that how strong is their case?

    Also explaining in their asylum that terrorists detained them can create any problem for them during the asylum case proceedings or afterwards if the asylum is granted? They never helped them and they had no connection to them before or after the incident.

    The asylum application was majorly delayed due to the police officer who was having strong support from Last Government. Now when the government is changed they want to file the asylum case. Do you think this is a strong reason to state the reason of delay?

    Other minor reasons include lack of English language, fraud from a Pakistani who fraudulently took 15,000 Dollars from them to file the case but never did so and disappeared.

    I will be very much thankful for the assistance.

    Best,
    Sarah

    Reply
    • One issue is that if the police extorted money, it could be a bar to asylum if there is reason to believe that the money went to terrorists (or if they gave any other support to terrorists). The big issues, as you correctly note, is the one-year bar. I wrote about that on January 18, 2018. I think the reason you are giving is not very strong. If they were safely in the US, they would be expected to file for asylum, even if they are receiving threats from back home. Also, if the reason for the delay was psychological trauma, they could try getting a report from a therapist, but a four-year delay is pretty long and hard to explain. If they were ripped off, that may be an excuse – if the person was a lawyer, they can file a bar complaint against him/her. Given the seriousness of the one-year bar, I recommend they talk to a lawyer to decide how best to approach this issue. If they need a free lawyer, I wrote about that on September 22, 2016. Take care, Jason

      Reply
  6. Hi Jason,
    For adding spouse to my pending asylum application, I have to send documents to USCIS service center or to the local asylum office?

    Thanks in advance

    Reply
    • The procedure does not function very well. Contact your local asylum office and ask the procedure in that office, as it may vary by office. In my office (Virginia), we send to a service center (but I forget which one) and if that does not work, there is a procedure to file at the local office. Take care, Jason

      Reply
  7. Im from Iran . I apllied for asylum 3 years after Entry (2014) . I was in student statues until about 3 months after i applied . However im not in statues anymore . ( not being able to pay for 12 units ) Is officer going to ask about that ?
    I was baptized on december of 2017 howver i have proof that i was introduced to christanity since 2015 . Do you find this case strong overall ? Thank you

    Reply
    • I applied in LA office

      Reply
      • Is religion one of the protected grounds? Yes, it is.
        Is a case based on religion guaranteed an asylum grant? No, there’s more to it than that.
        I think you would benefit from scheduling a proper consultation with Jason so that he may review the specifics of your case, and tell you if he thinks it’s a strong one.
        Just my advice.

        Reply
        • Maybe we do need to hire you…

          Reply
          • Whats the number for your LA CA Office Jason ?

          • The phone number? You can find that if you follow the link at right called Asylum Office Locator and go to the LA office. Take care, Jason

          • No . How to hire one of your attornies that work in LA

          • We do not have any lawyers in LA. We are in Washington, DC. Take care, Jason

    • The officer will ask about your status and you can provide evidence about that (school transcripts, for example). It is not particularly relevant to your asylum claim, so I do not think there will be an issue with your status. As for the claim, Iranian apostasy claims seem to hinge on whether they believe the conversion is true, so the more evidence you have about that (letters from church members, photos at church events, evidence of religious activities and participation, etc), the stronger the case. Take care, Jason

      Reply
      • I think the status questions is specifically related to the 1-year filling deadline.
        It’s clear that IF you status expired WHEN you apply (within reasonable time), it can be an exception to the 1-year deadline. But it’s not clear if the status expired AFTER you apply what’s the outcome… Hopefully also qualify for an exception.

        Reply
        • I applied in July . My Statues Expired In early Fall . Even After I went for Finger print

          Reply
        • If you are in-status and apply for asylum, there should be no problem with the one-year bar, even if your status later expires. However, you have to file within a “reasonable” period of time after your status expires, or else you may be subject to the one-year bar. Take care, Jason

          Reply
          • Thank you Jason . can you please tell me what number is for your LA California office ?

          • If you mean the phone number, you have to check their website, which you can find if you follow the link at right called Asylum Office Locator. Take care, Jason

  8. Hi ,Jason
    I filled asylum since August 2014, the case still pending I got babys (twins) last year since I got a babys my blood pressure high because I think too much about babys and case and my case based from group of people in my country,
    My question is for your experience van I win asylum based from group of people? And can i apply short list?
    Be blessed Jason.

    Reply
    • You can apply to short list and/or expedite – I wrote about that on March 30, 2017. As to the question, I do not understand – Are you asking whether it is possible to win a case based on “particular social group”? If so, the answer is yes; that happens all the time, but whether the case is strong or not depends on the facts of the case. Take care, Jason

      Reply
  9. Hello Jason. I applied in Maryland in November 2014. Can you share your experience if your clients were invited for interview recently in Arlington who applied around that time?

    Reply
  10. Hello, Jason. Thank you for all the information you share with us. I applied in Maryland in November 2014. No interview yet. Can you share your experience if your clients were invited for interview recently in Arlington who applied around that time?

    Reply
    • We have had clients who filed in September or October 2014 receive interviews recently, though we have not had any 2014 cases interviewed in the last month or so. I am not sure they are still interviewing 2014 cases or if they have shifted all their resources to the new LIFO system. If you don’t have an interview soon, maybe you want to try to expedite – I wrote about that on March 30, 2017. Take care, Jason

      Reply
      • Thank for a quick response .

        Reply
  11. Hi Jason,

    I have a question about asylum green card eligibility. I have been granted asylum from Uganda based on LGBT status a year ago. A few days before the grant, I got married to a national of Mexico who is an undocumented immigrant in the US. I have filed the I-730 petition for him since our marriage happened before the final decision has been adjudicated (the case is now pending).

    I will apply for my green card next month and started to worry that I may not qualify for it because of “firmly resettled in a third country” bar. At the time of the interview I was not married and had no status in a third country. However, now that I’ve been married, I am eligible for Mexican residence permit since Mexico recognizes gay marriage (I never applied for it and don’t intend to). Can USCIS reject my green card and decide that I can safely move to Mexico and don’t need protection in the US anymore? It would be unreasonable on their part because I don’t speak Spanish and have never been there but with current developments I am afraid of any outcome.

    Reply
    • I don’t think you have to worry about that. You are not firmly resettled in Mexico because you have not received an offer of residency there. Just because you can, theoretically, apply for and get status there, does not mean you have done so, and if you have not done so, you are not firmly resettled, so there should be no worries about this. Take care, Jason

      Reply
  12. Hi Jason, Thank you for this blog, it’s so helpful, every night before I go to be, I come to read questions and your answers, very helpful.

    Can you kindly provide an explanation to this response, I called the Huston office, and they told me they can’t give me any status update over the phone, instead write an email, the gave the email and, I did on this address “houston.asylum@uscis.dhs.gov”. and this was the automatic response.

    I was inquiring about when can I expect my interview and if they did recieve my biometrics.

    I applied on 22nd January 2018
    Finger Print did on February 13
    till now no interview notice, wondering if the LIFO systems is working with Huston Office or not?

    On the phone, the officer told me, that they schedule an interview once they have someone ready to come to Denver to conduct the interview. I did not understand what he wanted to mean.

    Any rough idea on when can I expect a notice? and any explanation to this email response

    This is an automated response; please do not reply to this e-mail.

    Thank you for contacting the Houston Asylum Office.

    Please note that we are not the Texas Service Center and do not process new asylum filings. We are unable to verify receipt of mail by another office.

    To contact a service center regarding new application filings or applications being adjudiated by a service center, please see: https://www.uscis.gov/about-us/contact-us

    IMPORTANT NOTICE REGARDING CALL-IN LIST: . Due to the high volume of cases currently on our Affirmative Call-in List we are no longer accepting any new cases to be placed on the Call-in List until further notice. Should we determine in the future that we are able to again accept new requests to be placed on the Call-in List, this out of office reply will be updated. Please note that individuals who have previously been placed on the Call-in list will remain on the list and will be scheduled for an interview.

    If you do not reside in the jurisdiction of the Houston Asylum Office (Texas, Oklahoma, New Mexico, Colorado, Wyoming, Utah), please contact the asylum office that does have jurisdiction over your asylum case. We cannot respond to status inquiries for other asylum offices. The USCIS asylum office locator can be found at: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ZSY

    Defensive I-589 Filings:

    USCIS does not have jurisdiction to adjudicate defensive asylum applications filed with the court. If your receipt number begins with “ZDF” you have a defensivly filed asylum application. If you need to file a defensive asylum application, then defensive asylum application instructions and cover sheet for filing can be found here: http://www.uscis.gov/sites/default/files/files/article/PreOrderInstr.pdf

    We cannot provide detention status on a detained individual. Please contact ICE for a current status.

    Please send requests for CF/RF re-interviews and reconsideration only to the rfr.houston.asylum@uscis.dhs.gov mail box. Emails sent to this address that do not pertain to CF/RF requests for reconsidertion/reinterview, may be subject to delayed review and response while they are forwarded to the correct email. This email address is not for requests to reschedule a credible fear or reasonable fear interview or case inquiries.

    If you are an attorney, please include a fully executed (all required signatures are present) G-28 with all inquiries on credible and reasonable fear cases to assist in avoiding delays in responses.

    If you reside in Louisiana, Mississippi, Arkansas, or Tennessee please direct your inquires to the New Orleans Asylum Office. Inquiries may be submitted in person during public walk-in hours, which occur every Friday from 8:00 am to 12:00 pm. Inquiries may also be mailed to the office at the following address: 2424 Edenborn Ave Suite 300, Metairie, LA 70001. Please note that the New Orleans Asylum Sub-Office does not accept electronic inquiries at this time.

    Please do not submit more than two status inquiries and G-28s per email for credible and reasonable fear cases.

    *Credible and Reasonable Fear claims can only be processed after receipt of required apprehension documents from ICE. Interviews are scheduled only after jurisdiction is confirmed.

    Online detainee locator: https://locator.ice.gov/odls/homePage.do

    The transfer of detainees is not within the control of USCIS/asylum.

    EOIR/Court Case Information:

    EOIR/Immigration Court Case information number: 800-898-7180.

    For Court listings and contact numbers: http://www.justice.gov/eoir/sibpages/ICadr.htm

    PLEASE ENSURE YOU PROVIDE THE CORRECT A-NUMBER FOR YOUR CLIENT.

    For credible fear/reasonable fear: Please contact ICE regarding: Stays of removal, bond information, information regarding detention status, apprehension information.

    Submission of a G-28 to ICE is not a submission to USCIS. We cannot provide the status of any case without the signature of the applicant or detainee. Please note that the signature is required in order to abide by the Privacy Act of 1974. Please also note that USCIS is a separate agency from ICE, and follows DHS/USCIS policy and the regulations set forth in the Privacy Act of 1974.

    Email address for Dilley Detention Facility Detainees only:

    Dilley.asylum@uscis.dhs.gov

    Our officers make every attempt to contact attorneys at time of interview. To facilitate this process, please advise your client to request your presence and to have your contact information available for the asylum officer.

    NOTE: If you need to make an inquiry regarding a defensively filed I-589 (filed with EOIR), or haven’t received an acknowledgement confirming receipt of an I-589 application submittted for an unaccompanied minor, please contact Nebraska Service Center, NCSC-customerconnect@uscis.dhs.gov or the court having jurisdiction over the removal proceedings of an individual. Asylum offices cannot alter, amend, correct, confirm receipt of, or schedule biometrics appointments for, asylum applications filed with the immigration court. We do not have access to those records.

    Reply
    • The response is of no value – it is standard. It sounds like your case will be interviewed in Denver, CO, which is a sub-office or circuit-ride office for Houston. If so, you will need to wait for officers to go to Denver and schedule cases. When this will be, I have no idea, and they probably don’t know either (or at least they aren’t telling). If LIFO is fully implemented, I expect you might get an interview soon, but I do not know. Take care, Jason

      Reply
    • I can completely understand why you’d like to know if the new LIFO process is actually working, but isn’t it a little too early to inquire about your case? I mean, you applied fewer than 3 months ago! I am sure you are aware that there are people, some on this blog, who applied 3 or 4 years ago and still no interview.
      Give the office at least 6 months before you inquire.

      Reply
    • Hi ER,

      Any updates on your case? Did you receive a notice of your interview date from the Houston office?

      Many thanks!

      Reply
      • HI,

        No update, just waiting.

        Reply
  13. Hi Jason, please whenever you get the chance, would you be kindly enough to share the highlights of issues discussed at stakeholders meeting you attended on May 1, 2018 with USCIS.

    And Secondly, what will be the future of all these asylum seekers just arrived at the south USA – Mexico broader, does this happen every year?

    Reply
    • I did not attend the meeting yesterday, but if the notes come out and there is anything interesting, I will try to write about it. As for the “caravan” asylum seekers, it seems some are being prosecuted for illegal border crossing, though I don’t really see the legal basis for that. As far as I know, they came to the point of entry and requested asylum. Others are having their asylum claims processed, as they should under US law (and international law). Take care, Jason

      Reply
      • thank you Jason.

        Reply
  14. Hello,
    In my country, we have a different name system than USA. We do not have the middle name as an alternative to the first name. Our names are quad. Example: A B C D.
    “A” that my name, “B” name my dad, “C” name my grandfather, “D” Name second grandfather.
    In immigration papers (asylum Form and I-485 based of marriage to a US citizen) I wrote the first name A, the middle name B, the last name D.
    Like that A B D. but in my country this is considered another person.
    But in the other names field I wrote my full name A B C D, and the Another name people know me in my work in my country as A C.
    I apologize for the confusion. My question is, when my name is in FBI Check Names, will there be a problem? Or there is hope to look at the other names on the forms. As well as my passport? Or what happens in this case. In Arab countries there are many similar names. In my case, What if there is a chance of similarity of my name with names Different people. How are they looking at this mess?
    Thank you for you helping us.

    Reply
    • I wrote about this issue on August 31, 2016 – maybe that would help. There are many similar names, and this may contribute to delays related to security background checks. There is not much that you can do about it, other than what I discussed in the August 31 article, and usually it is not a major issue. Take care, Jason

      Reply
  15. Hello everyone! I want to thank you, Mr. Jason, for this wonderful blog and all the help you provide for us, asylum seekers.
    I have a question (for some reason I can’t find the answer on the uscis website): how many days before the expiration of I-795 can you apply for a renewal?
    Thank you!

    Reply
    • If you are renewing based on asylum pending, you can file up to 180 days before the old EAD expires. Take care, Jason

      Reply
  16. Hi Jason,
    My name is vishal I am from nepal and I have pending asylum. I have TPS status also but it will be terminated by 24 June 2019. I have Payrol from TPS which is valid unditl 24 June 2018, I have very urgent I need to travel 3rd country(my partents getting treatment in 3rd country. what happens if I return by 20th of June 2018, will it be problem at airport? please I need your help.Thanks
    Vishal

    Reply
    • If you have Advance Parole based on TPS, you should be able to travel and return to the US as long as your AP and TPS are still valid. You can also get AP based on a pending asylum case – I wrote about that on September 11, 2017. Take care, Jason

      Reply
      • Many many thanks for your advice,Jason.

        Reply
  17. Hi Jason, I recently heard about a case my lawyer for asylum wasmanaging where she commented that years ago a client of her relinquished his citizenship in order to avoid deportation, is that possible or mere fairytales?

    Reply
    • It is typically very difficult to relinquish citizenship – we tried it once with a Middle Eastern client who was involuntarily resettled in Japan and given citizenship. It didn’t work, as Japan would not allow her to relinquish her citizenship. I don’t know if it is impossible to do that, but my guess is that it would not be easy, but it may depend on the law of the country of citizenship. Take care, Jason

      Reply
  18. Do you think there might be some progress / hope of granting asylum in the USA for white South Africans in the near future?

    Reply
    • It will depend on the case. One issue for SA cases is internal relocation. There are several million Whites in SA, and if they are living in safety (or least, if they are not being persecuted), any application would need to show that she cannot relocate within the country and be safe. For people who have been persecuted in the past, it will be easier to win asylum, but each case must be decided on its own merits. I do know that the number of applicants from SA is going up, as I have been in touch with a number of them. Take care, Jason

      Reply
    • Hi there,
      I have followed with antipathy, the land deprivation which might befall some whites there, and the subsequent generosity extended by Australia.
      From my understanding, asylum can not be processed/granted based on what a ‘group’ is experiencing, no matter how severe; each person, or family unit will have to apply, based on their experiences.
      However, what the ‘group’ is experiencing can help underpin the reasons for the application.

      Reply
      • In the US, it is called “pattern and practice” of persecution. You would have to show that there is a pattern and practice of persecuting White people in SA – this is akin to what Jews faced in Nazi Germany or the Tutsis faced during the genocide in Rwanda. In the case of SA,I think this would be difficult given that so many Whites still live there and that the definition of persecution generally involves physical harm. Take care, Jason

        Reply
        • Thank you.

          Reply
    • I keep coming across this “persecution of “whites” in South Africa”. I believe it has been proven that the idea, once touted by former Prime Minister of Australia, Tony Abott, that “white” South Africans are actually not being persecuted in South Africa.

      According to abc.net.au, the claim put forward by Mr. Abbott that 400 “white” south Africans were persecuted
      is baseless. In fact, according to the same source, paraphrasing Senior Researcher with South Africa’s Institute for Security Studies, John Burger, crimes are due to the location of the victims. Mr. Burger concluded that isolation provides attackers with more time and freedom to commit their atrocious acts.

      In addition, the source found that there were 74 people- including 59 “whites”- that were murdered on farms. The remaining number of victims were people of all “races” and ethnicity. (As usual, I may be wrong.)

      In order to be qualify for asylum, the applicant has to demonstrate an objective fear and a subjective fear. Together, the fears would potentially qualify the claimant for asylum/refugee status. The subjective fear (which is your genuine fear of persecution) must be assessed objectively in light of your country conditions. In other words, if there is widespread persecution of a particular group of people in your home country, then that would have satisfied the objective and subjective criteria.

      Another hurdle that asylum applicants have to get over is their governments’ inability/unwillingness to protect the group being persecuted. In this regard, you would have to demonstrate that the government of South Africa is unwilling or unable to protect you from persecution because of your “race”.

      You would also need to demonstrate that there is a pattern or practice of persecution in your country because of your “race”. Unfortunately, from what I have researched, this is not the case in South Africa.

      Another hurdle is demonstrating that you can’t internally relocate because of the pervasiveness of the persecution.

      However, like Jason rightfully said, each case would have to be adjudicated on its own merits. As someone who has benefited from asylum, it would be selfish and insensitive of me to casually dismiss anyone’s claim of being persecuted.

      Reply
      • Thank you for your response and opinions, with all due respect, however, the fear, I can assure you, is very real, at times, paralysing. What is broadcast to the rest of the world is carefully edited. May the peace and love you were granted from asylum continue to benefit and bless you, and please keep the rest of us in your thoughts.

        Reply
        • Awwwww. Goodluck 2018.

          Reply
      • I wrote a post about White South African asylum seekers on March 15, 2012 – maybe that would be of interest. Take care, Jason

        Reply
  19. Hello Jason,
    “James McHenry, the director of the Executive Office for Immigration Review, which handles immigration cases, said Tuesday that the backlog of active cases is over 692,000 and that the courts have an additional 330,000 cases that have been put into “administrative closure,” but that are still before the courts”. What it does mean that 330,cases have been put into “administrative closure”. Can you please advise. Thank you very much.

    Reply
    • The cases were administratively closed and set aside. They can always be re-calendared and placed on an active docket. As long as they are admin closed, they remain pending, but nothing will happen and they will not have a court date. Take care, Jason

      Reply
  20. Hi Jason
    My wife has died one year ago in my home country and she was in my case of asylum and my question is if I get married now with someone who doesn’t have a citizen. what can happen to my case of the asylum?

    Reply
    • You can add your new wife to the case, and then she can get an EAD on the same schedule as you. Among other documents, you will need the death certificate of your first wife and your new marriage certificate. You have to contact the asylum office to ask about the procedure to add a dependent spouse. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  21. Hi. I got a question regarding EAD application for my wife. I have an asylum application since 5 months ago. I did not put my wife as my drivative. I only list her as my wife and submited our marriage certification. Now I passed 150 days and I want to apply for EAD for myself. In addition I want to add my wife to my application as my derivative. Can I apply EAD for her as same time with myself? Or she has to wait 150 days to be eligible to apply for EAD?
    thanks for your answers

    Reply
    • First you have to add her to your case. This can be tricky, but you can contact your local asylum office about how to do it. You can find their contact info if you follow the link at right called Asylum Office Locator. Once she is added to the asylum case, she can file for an EAD immediately (assuming you have filed the application at least 150 days in the past). Take care, Jason

      Reply
  22. Dear Jason,

    Thank you for sharing this wealth of knowledge with people in need. My siblings and I are all in the country. If I apply for asylum WOR or CAT, will it affect my sibling’s green card application? I would apply before them.

    Reply
    • Normally, a claim for asylum, WOR or CAT would have no effect on a relative’s GC application. Maybe if you accuse them of being criminals or something like that, but for most cases, there would be no issue. Take care, Jason

      Reply
  23. Jason,

    Can i apply for travel document and come back with no issues after doing the interview but before getting the interview answer back? because sometimes it takes a lot of time to get the answer.
    If yes, what should i apply to?

    THanks,

    Reply
    • It should be possible to do that – I wrote about it on September 11, 2017. Take care, Jason

      Reply
  24. Hello Mr. Jason,

    I appreciate your sincere efforts in this forum.
    I want to ask your opinion, I had applied for asylum March 2018, Arlington office, till now there is no interview, and while checking asylum status in USCIS website, it gives me validation error, so what’s your advice? Shall I contact them by email or wait?

    Thank you so much.

    Reply
    • Not Jason, but you cannot check the status of your pending asylum case online. Checking your status at this link: https://egov.uscis.gov/casestatus/landing.do

      will only work once / if your asylum has been approved.

      Reply
      • I called my asylum office today to ask about my A05 EAD, and while I had the immigration analyst (that’s the person the operator said she was transferring me to) on the phone, I asked him if it’s normal that my I-589 receipt number still is not recognized by the case status tool. He said that it doesn’t work, and only does for things like EAD application receipt numbers.
        Maybe it only recognizes the receipt number and updates the status when the A05 EAD is issued.

        Reply
        • Interesting. Thanks for sharing! I certainly didn’t know about this since I’m not there (yet? who knows).

          Reply
          • I didn’t know about it either. Maybe the NY office is slower than other offices at posting case status updates.
            Good luck with your case 😊

          • My case status finally changed to I-765 fees waived (2 weeks from the approval letter), so I’m not sure why the gentleman from the asylum office said the case status tool doesn’t work.
            Just thought I’d update.

          • I wish the asylum office would just explain exactly what applications can be checked on line. That would make life easier. Take care, Jason

    • You cannot check your asylum case status online and cases are not moving that quickly in Arlington. Under the LIFO system, you should (probably) get an interview in another month or two. Take care, Jason

      Reply
      • Thanks for reply

        Reply
  25. Question asylum community:

    I know there is a way to receive text message updates on your case or any documents that you have submitted. Has anyone tried that for EAD updates?

    Reply
    • Yes, there is a form that you fill out upon submitting your request. You receive text updates and also email.

      Reply
      • So can I do it even if I have already submitted my application?

        Thanks

        Reply
        • You can try – send in the form with your receipt number and a letter explaining what you want. Include a copy of your receipt. Take care, Jason

          Reply
    • I was signed up for text and email updates.
      You need to register on the USCIS website and use the case status tool. They sent me alerts when a change was made to my case status, and I would then log on to see what the change was.
      It’s been a while since I’ve done this, so I hope they still have it.

      Reply
    • We sometimes use form G-1145 (available at http://www.uscis.gov) to get email messages, but I do not know about texts. Take care, Jason

      Reply
  26. Hello Jason
    Thank you for your help by your blog which is very useful for all asylum seekers.I have question as below.
    If my asylum case is in immigration court and my hearing is after 1 year from today can I apply for travel document as my parents are very sick I will meet them in 3rd country? Please
    that will be great if I get some suggestions.

    Thanks
    Yashi.

    Reply
    • Unfortunately, in most cases, if you leave while you have a court case, you cannot return. I wrote about this on September 11, 2017. If you have a lawyer, you may want to ask about this to see whether there are any options. Also, you could try to expedite the court case – I wrote about that on April 20, 2017. Good luck, Jason

      Reply
  27. Recently my mom My mother got cancer.i have to visit her in other country. Can This reason expedited my case ? Can u share some information about you expedited you case in Houston?

    Reply
    • thank u

      Reply
      • And if I do it what evidence need?

        Reply
        • Evidence that she has a health issue, evidence she is your mother, an explanation of why winning the case will help the situation, and maybe other info depending on the specifics of the situation. You may want to talk to a lawyer for help with the request. Take care, Jason

          Reply
    • It can be a reason – I wrote about expediting on March 30, 2017. The Houston case involved a client with a health problem. After we sent the expedite request, it took probably 4 or 5 months before we heard that the case was expedited and another couple months for the interview. You might also consider Advance Parole to travel and meet her. I wrote about that on September 11, 2017. Take care, Jason

      Reply
  28. How do u put ur name in short list

    Reply
    • It varies by asylum office, but you can contact the asylum office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  29. Dear all,
    I have been following this blog for 5 years now. This is my first participation. I applied for Asylum in the beginning of 2013 have my interview in mid 2016, and today I got my approval.
    I just want to advise everybody to tell the truth and to be honest with your story and to ask for help from a good lawyer. I was lucky enough to find an NGO with a great two attorneys worked with me for free. It has been more than 5 years since I have submitted my case. I’d like to thank Jason for his wisdom and time and for sharing them with the asylum . I seekers. One sentence I always repeat after I read it on one of Jasons articles” live your life as if you are going to win your case.”

    Reply
    • Congrats!!!!! You’ve waited so long! Very happy the outcome was positive for you.
      Jason’s advice about living your life as if you’re going to win your case stuck with me, as well.

      Reply
      • Thanks Sara.

        Reply
    • Congratulations, 🎊🎈🎉
      I am happy for you.

      Reply
      • Thanks EI

        Reply
    • Congratulation! That was a long road, but I am glad you finally had a successful outcome. Welcome to the USA! Jason

      Reply
      • Thanks Jason,
        Your blog is the only blog that shed a light on Asylum. Asylum system is very obscure and all the inquires ( at least in my case)through Congress person and the ombudsman yelled very little if any helpful info.

        Reply
        • Thank you. I have also found Congressional inquiries to be of little value. As for the Ombudsman, it can help, as the people who work there are good, but the boss (appointed by Trump) is from an anti-immigration group, and so she is more interested in finding fraud than helping delayed applicants. Take care, Jason

          Reply
    • Congrats, Patient!

      Reply
      • Congrats Patient! Long wait but you made it.

        Applied in beginning of 2014 and still waiting fro decision after interview in mid-2017. Just a question, was your case by any chance pending with Chicago Office? and is your native country from Middle-east?

        Reply
      • Thank Jamie, hope every body hear good news soon.

        Reply
    • Congrats Patient! Long wait but you made it.

      Applied in beginning of 2014 and still waiting fro decision after interview in mid-2017. Just a question, was your case by any chance pending with Chicago Office? and is your native country from Middle-east?

      Reply
      • Thanks JL
        Mine was in New Jersey. I’m from a Mideast country.
        Goodluck

        Reply
    • Congrats, and thanks for the advice.

      Reply
      • Your welcome Tina.
        Goodluck

        Reply
    • Congrats and thank you for sharing

      Reply
  30. Another shocking news for asylum office processing priorities in Chicago ( not sure if this is a common trend for other offices) :
    1. credible fear interview for border cases are again no.1 priority now. as a result, Cases filed before January 29 2018 are on indefinite hold, not being interviewed any more.
    2. rescheduled cases are last priority now in terms of scheduling.
    4. decision making is the least priority now. Which means they they want to finish as many INTERVIEWS as possible now and do not really care about decision. people are waiting more than 6 months after interview now and it seems that these these delays are generally NOT related to the underlying claim.

    resource: http://www.immigrantjustice.org/admin_policy/blog/update-nijcs-2218-asylum-office-scheduling-notice

    Reply
    • Thank you so much for the info. We were interviewed in Chicago office about five months ago and still waiting for the decision.

      Reply
    • I am not sure why you think they are interviewing people and not making decision. I have not heard that, and I do not see it on the link. Also, rescheduled cases where the person is not yet eligible for an EAD remain a priority, as far as I can see. Take care, Jason

      Reply
    • Thanks for sharing this bit of news, Allen. As someone who has been waiting for an interview at the Chicago asylum office for several years already, this is disheartening to hear. While I’m incredibly grateful to be in a safe environment here in the US, it is still mentally challenging to live in uncertainty. Trying my best right now to follow Jason’s advice to live my life as if I have won my case.

      Reply
    • Yeah, seems like Chicago has been like this for a while. We waited for our decision for 9 months back in 2016…

      Reply
  31. What about the Newark office?are they following LIFO or doing the backlog?

    Reply
    • They are following LIFO

      Reply
      • Last week I had my interview in Newark and I am not in LIFO category. At the same time I spoke to couple of guys over there too waiting for interview and they too were not part of LIFO category.
        Regards

        Reply
        • Hey Aryan can you please share your timeline. Thank you

          Reply
          • Hey Aryan
            How did you process to request your name to be on short list.did u go personally or wrote them a letter.I planning to do the same for Newark office

        • Are you sure you were not on shortlist?

          Reply
          • Yes I have been from shortlist category and applied in March 2017.

          • When u applied for short list n when u were called for interview?

          • Then that is the reason why you got early interview. Me and a few of my friends all got early early interview due to shorlist in Newark office.

          • When did you appear for interview and have gotten your decision yet?

    • They are following LIFO – we have an interview there next month. I think they are also working on older cases (from 2015) rather than working backwards through the backlogged cases. Take care, Jason

      Reply
      • During yesterday’s stakeholder call and according to the statistics, Newark office seems to be one of the few offices that have dramatic reduce of # of new applications, an increased approval rate(12 months average 19% to now 26%) and reduced Filling Deadline Referrals (average 40% to now 27%).
        It should be noted that as of now the headquarter instructed local offices to follow LIFO scheduling and focus on new cases and then work backwards. I assume local offices generally follow LIFO but some limited exceptions might happen(other than expedited or short-list).
        I have applied for an expedited interview at Newark which is denied and they mentioned you can request to be put into the shortlist by writing to them w/ your name and contact # information.

        Reply
  32. hello Jason
    is it possible to write a witness letter to someone’s asylum case when I am myself asylum seeker. It’s a story of a friend whom I know and know her story . we fled the country in different period but for almost the same thing and the same persecutor.
    We both are seeking asylum in the states. what impact can my letter has if myself has no asylum status yet.

    Reply
    • Hi Sarah,

      This is very much possible. My friend, who was an asylum seeker, wrote a letter for me in support of my asylum application. The office seemed very much interested in my friend’s letter as she asked questions that centered around my friend’s letter.

      The letter can help corroborate the applicant’s story. You would, in this case, be corroborating the applicant’s statements. If the applicant doesn’t have a lot of evidence, then this can be helpful for the applicant. To what extent this would be helpful would depend on the officer/judge and the kind of case.

      However- and this is for asylum applicants who are using/wish to use witnesses in the form of a letter- in situations where someone is corroborating an applicant’s story, the applicant must: 1) vet the person corroborating the applicant’s story thoroughly. You don’t want a witness who is not credible because of something he/she did. 2) The applicant must ensure that the witness’s account is consistent with the applicant’s story.

      Please wait for Jason’s input.

      Reply
    • You can, and she can write one for you. As long as the letter is consistent with your own case (and hers), there should be no problem. But do assume that the asylum office will be aware of your case and your letter for her. Take care, Jason

      Reply
  33. Hi Jason i still want to greatly appreciate you for your works.
    At times just coming on this blog makes me relief.
    Please i just want to find out is there any one who filled in Houston office and has been interviewed or preparing to go for interview?
    Kindly share your time line. i filled in 2017
    i was in their office today for a change of address and this lady said they are still interviewing 2014 cases, i feel like i will have to wait for ever.

    Reply
    • Applied in Sept 2016. No interview yet!

      Reply
    • Interesting, I was told the same that they are interviewing 2014 cases when I went to SF office to submit change of address. Can they legally do that if the law says you have to follow the new LIFO rules?

      Reply
      • I think they may be doing the 2014 cases that were abandoned the first time they switched their interviewing priority policy in December 2014, in parallel to newly filed cases (those filed after LIFO went into effect).
        This is very fair since 2014 people have waited long enough.
        They will probably get around to your year once they’re done with older cases, which may take a couple of years or so. There’s no way of knowing for sure until there is formal communication from the asylum offices, but this seems to be the way that some of them are implementing LIFO.
        My case took 3 years from application to approval.

        Reply
        • Sara,

          I want to add one more point to your comment. It could also mean that they are going through the new cases very quickly. If they are moving through the new cases quickly, this could give them an opportunity to process backlogged cases and or process backlogged cases and new cases simultaneously. I feel like the number of new cases received vs. the number of backlogged cases can play a role in how they process the cases.

          Jan, I think each office is given a great deal of responsibility in terms of determining how they “strategically” process their cases. This doesn’t mean that they are at liberty to completely abandon USCIS’s dictate as it relates to the order in which cases are to be processed.

          Reply
          • That sounds like a likely scenario, Jamie.
            I’m glad they’re getting around to 2014 cases.

          • I think this is correct – they are interviewing new cases, but instead of interviewing backlog cases from newest to oldest (as advertised), they are still doing old cases first. Maybe not all offices are working this way, but at least the ones we have been dealing with are still interviewing some old cases. Take care, Jason

      • LIFO is a policy; not the law. It seems that it is being implemented inconsistently at the different asylum offices. They are also interviewing 2014 cases in Virginia. But we have interviews for new cases in Chicago and New Jersey. Take care, Jason

        Reply
    • We had an interview there recently, but it was an expedited case, so I do not know the schedule, but many offices still seem to be interviewing old cases (despite LIFO). Take care, Jason

      Reply
      • I am curious to know if the New York asylum office is doing the same. If it is I am hoping I get called soon.
        As per the latest scheduling before the change I would have been next in line since they were interviewing people from August 15 and I applied that month.
        Anybody knows?

        Reply
        • The last I heard about NY, they were on June 2015 as of Jan. 2018. Their last two bulletin updates were very inaccurate, and didn’t reflect the actual month they were on. At one point, another NY applicant on here and I had to call them because they had supposedly skipped our months according to the bulletin at the time, and they reassured us that they haven’t and said they didn’t know why the bulletin said otherwise.
          I hope you get your interview notice soon. It’s only fair that they schedule older cases alongside the new ones.

          Reply
          • Thank you Sara for the information.
            What a relief. I thought too that the bulletin of January 18 was inaccurate. It’s said that they have been interviewing people for August 15 since September 17.
            Every time I call they always tell me that they are working on new cases. Will call again this week to see.
            I hope they are not fully applying the LIFO system and will get a call soon.

        • I have not heard about the NY office, sorry, Jason

          Reply
        • Yes, definitely call them and find out what month they’re on, and maybe ask them if they will be doing old cases in parallel.
          I’m sure they have been getting a lot of calls since they decided to do away with the scheduling bulletin.
          Good luck!

          Reply
    • Filed in Nov 2014(Houston office). Still waiting for my interview.

      Reply
    • Hi Hopfan,

      When exactly in 2017 did you file your application with the Houston asylum office?

      Also, any updates? Did you receive a notice about your interview date?

      Thank you!

      Reply
  34. Hi can you please tell me that if i married to green card holder girl. Can i get the work permit before interview just like if one married to us passport holder

    Reply
    • If you marry a person with a GC and she files for you, there is a waiting period before you can apply for your own GC (about 1 year and 10 months). Only when you apply for the GC can you apply for the work permit. Also, most people who marry green card holders are not eligible to get their own GC without leaving the US, but it depends on the case. Take care, Jason

      Reply
  35. Hi,
    I filed an asylum case in 2016 without a lawyer. I feel I made mistakes. I can apply a new asylum case by a lawyer?
    Thank you

    Reply
    • I think there is no way to make a new case, but you can correct the errors before or at the beginning of the interview. A lawyer can help with this, or you can do it yourself if you cannot afford a lawyer (but depending on how serious the mistakes are, you might do well to get some help). Take care, Jason

      Reply
  36. Hello Jason, in my case, cetain militias and armed groups are looking for me because of my work for the U.S government. Is there a nexus between my feard persecution and protected ground. It is hard to know the motivation of each armed group. Some armed groups are just terrorists. Others think that the US gov is promoting western values that are against the islam religion. Others hate the U.S gov for political reasons. In all cases you could be harmed by an armed group just because of your work for the U.S gov or even sometimes for American/western organisations. For people like us, under which protected groups we are?

    Reply
    • We do many cases like this. The protected categories are usually “imputed” political opinion (meaning, the militia views you as pro-Western or a Western spy or puppet) and “imputed” religion (meaning the militia views you as an infidel). It does not matter what your actual political opinion is, or what your religion is; it only matters that the militia views you this way and seeks to harm you. The very large majority (well over 90%) of our cases like this have been granted, so I know it works. Take care, Jason

      Reply
  37. […] *The What and the Why of Torture Convention Relief (The Asylumist Blog, April 2018) [text] […]

    Reply
  38. Hello Jason!

    I hope you are doing well. I really appreciate your thoughtful and helpful articles. I have been following your blog for several years now. I just wanted to give my timeline for people who are still waiting:

    Applied in September 2015 to San Francisco office
    Got called for interview in February 2018. Rescheduled to gather more evidence
    Got called for rescheduled interview a month later in March.
    Got approved exactly a month later.

    It’s been such an experience. The since of anxiety and lack of clear future path made my life difficult. Even after knowing I am safe now it still lingers. It will take me a while to process all of this freedom.

    I also have a couple of questions for the next step which would be gc. I read one of your articles stating that the GC will be back dated a year after application. Is that a hear from the grant date or is it the date of the asylum grant? The other question would be using my home country passport as a form of ID locally? Not even for domestic flights either. Just as a form of ID. Is it still a bad idea?

    Thank you! And please keep on posting on here. A lot of people are being helped and I really appreciate your effort.

    Reply
    • Congratulations and thanks for sharing.

      Reply
    • The GC will be back-dated a year from the date you receive the GC, so if you get it today, it will be dated April 27, 2017. I think there is no issue with using your passport in that way, though it really should not be needed, since you should have an EAD and can get a driver’s license or state ID. Thank you for your kind words, Jason

      Reply
    • Many Congratulations! My interview is also schedule for next month at San Francisco. Thanks.

      Reply
    • Congrats!!!

      Reply
    • Congratulations,I applied to San Francisco’s office sep 2015 But I didn’t hear for interview and I moved to LA because of my job!and I changed my address to LA,is there anyone who applied in LA?!

      Reply
  39. Hi Jason, thanks for this new informations.

    Please tell me, if you receive a WOD and your family members (wife and child) are here with u, can they also renew their EAD?

    Thanks

    Reply
    • Typically, if you get WOR (or CAT), the judge will also give that to your family members who are also part of the court case. However, if they are not part of the case, they are overseas, or the judge decides that they do not get such relief, then they are out of luck. In other words, if the judge grants WOR to you, that does not necessarily mean that the judge will give WOR to your family members. In that case, they need to find their own way to stay here. Take care, Jason

      Reply
  40. Hi , I have very important question . I m GC holder with re-enter permit and I m planning for 4 weeks travel out of US , i m also from banned countries . First of all is it safe to travel with GC and re-enter permit in terms of not having problem to come back to US ? ( i m not traveling to my own country ) My attorney said it’s safe but what do you think ? Also if supreme courts vote to have the third travel ban to go to effect does it affect me ?

    Reply
    • My understanding is that the travel ban does not apply to GC holders, and so I think it is safe. I would keep an eye on the news in case anything changes, but I doubt people with GCs will be affected by any changes that might come from the Supreme Court. Do keep an eye on the news though, just in case. Take care, Jason

      Reply
  41. Hey Jason, I didn’t know where to post this question. Here is the issue:
    My wife, who’s Russian and I ( black) are on vacations in Europe and we were ready to flight from UK to Germany when I was asked to leave the plane because of my “not good enough “ document. We were granted asylum in US and according to the rule our travel documents are enough for us to enter Germany with no visa. So, we passed the first visa check at the tickectking and went to the gate. At the boarding, we passed that as well, although it took longer for me to pass that. I understood that as not many are aware of that document. She let me in the plane and approved my boarding pass. For some reasons in the plane she came in with another agent who checked my document again. They checked just mine not my wife’s. And they left and came back with their manager. I explained to them what that document was but they decided to kick me off the plane. Again not my wife, just me. We stood with that manager for almost 20 min trying to explain her and have her calling people beyond her, but to prevail. My wife voluntarily left the plane to show the same document. So finally we were told we could not take the plane. She sent us back to the ticketing area where another agent discovered the mistake of their manager. While we tried to find a solution, first that agent tried to put the blame on me not truthfully saying that someone told her that I was requested not to board the plane. This did not happen as I was allowed to board and a statement “ visa ok” was put on my boarding pass. They wanted me to deal with Ryanair which told me after calling them that since agents work for swissport, I’d need to deal with them instead. I was finally offered the next plane which would leave only @ 7pm. The problem is since this a 8 day vacation only, we tried our best to squeeze in this one night trip to Berlin with tour planned in the morning as our initial plane was supposed to land around 9 am in Berlin. We declined the offered flight since it’d have made no sense to land in Berlin around 9 pm and leave the next day around 4pm having lost an entire day. Thus I was wondering what are my rights in this situation? Can we claim damage reparation after losing our tickets because they don’t refund apparently, our money spent on Germany hotel and planned tour, money spent to travel back and forth to and from the airport. Most importantly our waisted time is the most precious we lost. Next, being asked to leave the plane in front of everybody really deamean my personality. Furthermore the fact that my white wife was not asked any question using the exact same document and I was the only one to be singled out, seems like it was due to my race probably as I looked suspicious to them. I know this might not be an asylum related question but I thought you might have some input on what my next step should be.

    Reply
    • It is a bad situation, but I do not know that there is much of a recourse. If it took place in the UK, maybe you should talk to a lawyer there to see whether there are any damages. Or maybe you could complain yourself to the airline or post on social media. Hopefully, they would at least give you some type of refund or credit. Take care, Jason

      Reply
    • Could you please say if you traveled with refugee travel document or re-enter permit? Are you still there or did you return to US ? If you already returned how was your experience at the US airport?

      Reply
      • Many people who travel with the RTD experience delays and extra questions at the airport. In many cases, the officers are not familiar with the RTD, so you should be prepared for that. I have not heard of anyone being denied entry or detained, so I think it is safe to go, but I do think it can be a hassle. Take care, Jason

        Reply
        • Is it helps to apply for the Global Entry Card ? and if yes how long the process takes ?

          Reply
          • Sorry, I do not know about that, Jason

      • We both had RTD. We already back to US. We had a secondary inspection at immigration but overall no problems, just a few questions about our status.

        Reply
  42. Very good information Jason. Thanks.

    Reply

Write a comment