Moving to another country can be challenging and confusing. Navigating that new country’s legal system can be downright maddening. As an asylum attorney, I’ve observed my clients’ behavior in Immigration Court, the Asylum Office, and during USCIS interviews, and I’ve accumulated a list of do’s and don’ts (mostly don’ts) for interacting with immigration officials. So, in no particular order, here’s what to do and not do, when you appear for your hearing or interview–
Do turn off your cell phone (don’t put it on “silent” or “vibrate” – turn it off)
Do dress respectfully
Do not wear a hat (unless it is religious garb, like a hijab or kippah)
Do not engage in fake emotional outbursts, like crying or screaming uncontrollably – it is not culturally appropriate in American, and it will potentially make the decision-maker uncomfortable, embarrassed or angry (you can express your emotions – just don’t be fake)
Don’t wear perfume or cologne
Don’t answer a question when you do not know the answer – Don’t guess!
Do take a bath beforehand
Don’t tell the decision-maker that she is good-looking, smart, professional, well-dressed, brilliant, funny, Christ-like or anything else that resembles kissing her ass – this will probably only aggravate and/or creep out the person you are trying to flatter
Do tell the truth
Don’t cry and beg for a good decision
Do turn off your cell phone (I mean it!)
Do use the bathroom before your interview or hearing, so you do not have to interrupt proceedings to run to the potty
Do not lose your temper with or be disrespectful to the Immigration Judge, DHS attorney, Asylum Officer, interpreter, clerk, security guard or anyone else involved in the process
Do not chew gum (or tobacco, toothpicks or anything else)
Don’t bring small children to the court or the interview unless they are required to be present
Do bring all your original documents with you (all passports, birth certificates, marriage certificates, divorce documents, school and work records, military records, medical documents, death certificates, police reports, ID cards, photos, witnesses letters, etc. – in short, if you submitted a copy of it, bring the original if you have it)
Do show up on time (or better yet, show up early)
Don’t answer questions that you do not understand (just say, “Sorry, I do not understand the question”)
Don’t take advice from friends or family members if they do not know what they are talking about
Do be friendly and make eye contact
Don’t avoid responsibility for bad things you did, such as criminal conduct or prior misrepresentations – if you take responsibility, express remorse, apologize, explain how you have changed, and show that you will not repeat the bad behavior, you are most likely to overcome the problem (of course, if you have a criminal or misrepresentation issue, you should talk to a lawyer for guidance)
Do get a good night sleep beforehand (even though this can be difficult)
Do listen carefully and respond to the question that is asked; not to the question that you wanted them to ask
Do not try to avoid the questions or change the subject
Don’t interrupt other people, especially Judges, Trial Attorneys, and Asylum Officers
Don’t get flustered – if you are losing your cool, take a breath, or ask for a moment to compose yourself
Don’t leave your cell phone on – shut it off! (did I already mention this?)
Do stand up when the Judge enters the courtroom
Do not repeat the entire oath after the Judge or Asylum Officer asks whether you swear or affirm to tell the truth – just say, “I do” or “yes”
Do speak slowly and clearly, and, if you are using an interpreter, break up long answers into shorter bits so the interpreter can accurately translate everything you say
Do not bring weapons or other prohibited items to the courtroom or Asylum Office
Do not roll your eyes or use other disrespectful body language
Do answer questions verbally – you cannot nod your head for “yes” or “no”
Do sit up straight
Do not plead “Not guilty!” at the Master Calendar Hearing
Do think before you speak – Why are you being asked this question? What might the questioner have in mind?
Don’t answer a question in court if your attorney objects to that question – let the Judge make a decision on the objection. Depending on how the Judge rules, you may not be required to answer the question
Do not forget where you are and get too comfortable/familiar – remember, you are being judged (literally)
Do not use curse words or rude language, unless it is part of the story you are telling
Do not refer to the Immigration Judge as “Your Lordship,” “Your Majesty,” “Your Highness,” “Oh Great One,” “Your Holiness,” “He Who Must Not Be Named,” or any other unusual sobriquet – in the U.S., we say “Your Honor”
Do not refer to the Asylum Officer by any weird sobriquets either – you can call the officer “Officer” or “Sir” or “Ma’am”
Do review your case before any hearing, and think in advance about how to respond to difficult questions
And most important of all, Do pay your lawyer (especially if you are my client!)
So that’s about it. This list is not comprehensive, of course, and so if you have any suggestions, please let us know. And in case I forgot to mention it: Turn off your cell phone!
Jason,
I am not sure if I am still eligible for being derivative of my mum’s asylum case. Can you please help me to figure it out?
1. My mum, principal applicant, filed her case in January, 2016, including my step-father and my age was locked at 20 years old at that moment.
2. In December 2018, my mum and step-father divorced and she got married with U.S. Citizen in April 2019.
According to the my research, it seems I lost the derivative status right after their divorce automatically, is that correct? Are there any suggestions based on the circumstance I am at?
I really appreciate your help.
Henry
Additional information about myself……
I came to the U.S. with F-1 Visa in July 2016 and graduated in bachelor degree this year.
I am having one-year OPT, which support me to work in the U.S. and it’s gonna expire in July 2020. Any suggestions regarding to retaining future legal status for me would be appreciated.
Maybe I do not understand, but if your biological mother is the principal asylum applicant, and she filed before you were 21 (and unmarried), you are a dependent and it does not matter if she divorces. If she marries a US citizen, you are now a step child of the new husband. He can file an I-130 petition for you, but if you are over 21 years old, there is a long wait time (you can see that by Googling “DOS visa bulletin”) and you would probably need to leave the US to get a GC based on the step father. I wrote a blog post about this on August 28, 2018. I think your mother can continue the asylum case and if she is granted, you will receive asylum as well. Alternatively, if she withdraws the case, or if she cannot continue the case because she got a GC based on marriage, you would need to find your own way to stay here. You could apply for asylum if you have a fear of return, but keep in mind the one-year filing bar (I wrote about that on January 18, 2018). Since you are/were a dependent on the principal’s case, you can meet an exception to the one-year filing rule, but you would need to file as soon as possible, since the principal asylum case may be disappearing. Talk to a lawyer ASAP if you think you want to file your own asylum case. Take care, Jason
Jason,
I read about “a dependent would lose eligibility to be included as a dependent on a parent’s application, if spouse divorces principal applicant.” It questioned my eligibility of being derivative of my mum’s case. So, what I am thinking is trying to add to my mum’s case before the interview. If uscis grants my request, it means I did not affect by their divorce. If not, it means I lost my eligibility. Therefore, It is better to have actual data point from other applicants who had the same situation before. On the other hand, I need to figure out of one-year filing bar.
I really appreciate your quick response.
Henry
The dependent loses his status as a dependent if the relationship that allows him to be a dependent ends. So if the ex-husband was a dependent on the case, he loses his status once the divorce is final. But if you are the biological son of the principal applicant, her divorce has no effect on your relationship, and so you remain a dependent on the asylum case. Now that she is re-married and maybe getting a GC through the marriage, it may cause her to abandon the asylum case, which would affect you, and would necessitate some action on your part – either seeking asylum on your own, or something else. Take care, Jason
Jason,
My mum would love to help me to get GC rather than getting it through the marriage. That’s why I am trying to figure it out if I am still eligible to be her dependent, in the other word, the derivative of my mum’s case. As I mentioned previously, I will go to file a request for adding to my mum’s case before the interview. I think it might be the optimal choice I have now. I really appreciate your assistance and it makes big difference.
Henry
My assumption was that you were her derivative on the asylum case. If not, if she wins, she can file an I-730 for you to get your own asylum (since you were under 21 when she filed her case), but I do not know whether you can be added to her case now that you are over 21, if you were not originally a derivative. Maybe you can be, but I am not sure. Take care, Jason
Dear Jason,
Many many thanks for all your supports! I have attended my Merit Calender Hearing on 7th June-2019 and immigration Judge told us that, he will send us the decision in two weeks. As off now I haven’t received any decision. When my attorney enquired about my case to one of the court Clerk, he told that, will mail the decision as soon as the judge issues.
I had my ICE check in yesterday and the officer asking to give my passport since i din’t carry the passport with me, he gave me two weeks time.
I applied for an asylum in 2016 and I came to US IN 2015 leaving my sick child back home. Right now my child health condition is very critical, I am afraid that, if I give my passport, I cannot get my passport to see my child even in emergency situation.
1. Is there any way that I can convince the officer that, i will give him the copy of my passport?
2. In case, if I give the passport, do they give me any form of acknowledgement that, the passport is with them?
3. Is there anyway that, I can request the immigration judge regarding my decision?
Thank you so very much again!
Banu
1 – Maybe. You can get some medical evidence and explain the situation. I do not know that this will work, but sometimes if you ask, they accommodate you. 2 – I think they normally do not, but I am not sure. Make a copy of the entire passport, so you have that in case they take your passport. 3 – You can call the clerk, like you did. You can also submit a written request with evidence about the medical problems for you and/or your child. Good luck, Jason
Hi Jason,
I am on F-1 visa (still valid), I have applied for asylum a year ago and still waiting for my interview date. I got married to my partner few weeks ago and I plan to apply to apply for GC for immediate relatives of U.S citizens.
My question is : 1) Will my asylum case interfere with my GC application ? for example will it make it longer for me to receive a GC ?
Sometimes, the asylum case does seem to interfere with the GC case, but it is difficult to know. I recommend that you apply for the GC and keep the asylum case alive. If the GC gets delayed, contact the asylum office to ask about whether there is anything they can do to assist. I wrote about this issue on August 2, 2018. Take care, Jason
Thank you Jason. If i get the GC based on my marriage and assuming that I withdraw my asylum case will be able to visit my family back home ? Thanks
There is still some risk – if the return trip causes them to think that the asylum case was fake, that is a problem. At the minimum, you need to be able to explain why you went back and how you stayed safe while there. Take care, Jason
Hi Jason hope you doing well could you please let me know i do i need to renewal my EAD i am on pending asylum and this my second time renewal Thanks for ur help
Th earliest you can file to renew is 180 days before the old card expires. Do not file any earlier than that, or they may reject it. Take care, Jason
Hello Jason, there’s a question in the I-485 form. Have you received public assistance in the United States from any source, including the U.S Government or any state, county, city, or municipality (other than emergency medical treatment)?
The fact is I used to applied for Medical. I’ve searched USCIS website and found out that non-cash medical insurance in general is not considered public charge. So I’m just wondering should I disclose my Medical benefits in the form? Would you choose yes or no for the question in the I-485 form if you were me? Please explain. Thank you very much!
I would choose “yes” and provide the info and evidence they request. If you are an asylee, using public benefits has no negative effect, but if they think you are trying to hide something, it could result in a denial. It is better to reveal the information and so USCIS does not accuse you of hiding it. Take care, Jason
Hey Jason,
I have been waiting for a year now since I got my interview in the Arlington office. I have had multiple inquiries and my case is with the section chief.
Is not fair others get the decision in 2 weeks. Whats the criteria? Just because I am on a H1B? They said because Im lawful I wouldnt get my decision in 2 weeks like those without status. Is it better to be illegal to get a decision? I dont understand. I am so frustrated and I dont know what to do.
What can I do in this case?
I am exactly in the same situation. I got my interview last August and till now nothing at all.
I was told that a decision would be make in 6 months time frame. Now it’s hitting one year.
I am depressing because of this situation. It even led me to withdraw from school.
If nothing is done about this long wait many asylum seekers would have psychological problems. Good luck to you.May God bless Jason!
I indeed have psychological issues. They dont care about us at all.
I reached out to my congressman and he has been making inquiries. Im trying everything I can, this is so frustrating.
I hope it gets resolved for you as well.
They want to deny more people and send them to court, so it may be that people who are out of status get priority. I have heard that, but I have not seen it is my own cases. The much more common reason for post-interview delay seems to be the security background check. The wait time for that is unpredictable, and as far as I can tell, is unrelated to your immigration status. You can inquire again, or if the wait is too long, you can file a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
So do you think the fact Im waiting for too long is a good sign?
If they wanted to deny and send to court they could have done it 11 months ago…
What does your experience tells you about cases pending for this long?
I made another inquiry and Im waiting for their answer.
Thanks a lot, you give us hope
I have heard people say that a long wait is a positive sign, but I do not really see much difference in decisions between people who have long waits and short waits. Hopefully, you will get some positive news soon. Take care, Jason
I got a notice to appear in court for removal proceedings. I paid a lawyer on may 28 after he looked at my case he said I may qualify for a cancellation of removal and he would apply for employment authorization cards as well. As of today nothing has been filed he keeps saying it takes long to put together the paperwork I have given him everything that he has requested. My worry is the EAD cards take long and need to be working while I wait for my first hearing.
Lawyers are busy, but it seems like a long time to wait for an EAD, assuming you are now eligible to apply. If he is not doing the job for you, you might look for another lawyer and ask for a refund of any unearned fee. Before you do that, maybe contact him again and tell him you are very concerned about the EAD, and ask what is the delay. Take care, Jason
Dear Jason I wrote to immigrations in Boston about my pending decision case and they replied saying that my case is under supervisory evaluation. Is that a good sign?
I got the same message 6 months ago and I am still waiting for them… Im going to be waiting for a year now.
I do not take much stock is such statements. Hopefully, it means the supervisor will finalize the case so the decision can be issued, but there is no time frame, so that is not very helpful. Maybe give them a couple months, and if there is no news, write again. Good luck, Jason
dear Jason, can you shed some light on the type of information we can obtain from myaccount.uscis.gov, does it allow you to check on your pending asylum case? and there’s also a freedom of information act request that you can submit and obtain your alien file. do you recommend we do that?
I am not a big online person, but basically, it seems you get alerts about the case – this is the same info you can get if you submit your receipt number to the “check case status” page at http://www.uscis.gov, but they send you updates when they happen, which is nice. As for the Freedom of Information Act request, you can do that and you get a copy of your file, which is everything you sent to USCIS plus some info from the government, such as documents related to your case (though the most interesting stuff is often redacted and not included). Take care, Jason