Do’s and Don’ts for the Asylum Office and Immigration Court

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

Do do these do’s or you’ll be due for deep doo doo (times deux).

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!

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210 comments

  1. Hi Jason

    Warmest greetings

    I have this minor thing I like to get clarification on.

    Simply to put it I am someone waiting for my very first court hearting for my asylum case. EAD is not yet come out I mean I did the application though.

    Soon I am just planning to travel out to Chicago from DC area. Being said that I will like to be informed as to weather or not such domestic flight are admissible for persons like my own. If domestic flight are possible what sort of document or legal paper I get to keep with me as I go out there for check in?

    Hugely appreciated

    Reply
    • It should be possible, but you should check with the airline to be sure about documents. I think a valid ID (passport or driver’s license or EAD, etc) and you should also bring evidence of your pending case – like the court order with the next hearing date on it and your asylum receipt. Take care, Jason

      Reply
  2. Hi Jason:

    May I ask that are we considered in removal proceedings after we failed in asylum offices ? I am just reading this article

    https://www.nytimes.com/2019/07/04/us/migrants-deportation-fines.html

    It says “For now, the deportation case against Ms. Espinal, whose asylum claim was denied in 2017, has been appealed to the United States Court of Appeals for the Sixth Circuit in Cincinnati. “. Why is ICE already removing her while her asylum claim is appealed to the United States Court of Appeals ? I cringe over this administration full-blown efforts of cracking down people like us.

    Reply
    • Sorry for a lot of questions. But also, may I ask when does unlawful presence count begin in the case of asylum ? Thanks !!!

      Reply
      • Unlawful presence does not accrue while an asylum case is pending. However, if, for example, your B-2 visa expires, you start to accrue unlawful presence. If you file for asylum, the unlawful presence clock stops running. Take care, Jason

        Reply
    • ICE cannot deport a person while her case is before the Immigration Judge or the BIA (the administrative appeals court), but if the BIA denies relief and the person files a “petition for review” with the federal court, she can be deported. In some places, like Virginia, ICE has (or had) a policy not to deport people whose case was before a federal court, but that was just them being nice. ICE can deport people whose case is before the federal appeals court, but the person can ask the federal court for a “stay of removal”. If that is granted, then ICE cannot deport the person until the federal case is resolved (and if the federal court denies relief). Take care, Jason

      Reply
      • Thanks very much !

        Reply
  3. Hi jason
    Hope you are in a good health and thank you for wonderful input

    I have a pending asylum close to four years here in Virginia- I expedited three times all rejected- last week I expedited for the very fourth time thru a senator office-

    Senator office said if you expedite based on medical issues your case will be rejected since government will try to avoid such burden – try to find a humanitarian reason-

    Since i had my medical report and a reason for expedition- I submitted

    My question is if someone is rejected third time how likely its reject for the fourth time?

    And my other question is – is medical condition is not enough to expedite your case now??

    What is humanitarian help? Thru which one can apply for expedition

    Regard

    Reply
    • Basically, if they don’t regard your medical issues as humanitarian help. It’s unlikely that they will find your other grounds as humanitarian.

      Reply
    • We have successfully expedited for medical reasons – if that reason can be tied to the asylum case delay. It works sometimes, and sometimes, it does not work. Whether a fourth try is likely to work, I do not know – if it is the same reason as before, I doubt it, but if there is a new reason, or new evidence, it may work. Good luck, Jason

      Reply
  4. Hi Jason

    I have question please, I am not the primary on my asylum case we filed in 2017.
    Do you think its to late to change my case and me the primary person on this case so that God forbid if my husband has to travel to his parents in case of emergency he would be able to. Also how long does and emergency AP. Will he able to enter US without an issue.
    Please advice

    Reply
    • It will not be easy, mostly due to the bureaucracy of the asylum office. You can file your own case, but the procedure to file is different from a first-time applicant – check the I-589 instructions, but basically, you need to file at the local office. This is more difficult than it should be, but if it works, your husband can then try to withdraw his case. Even so, because he filed a case, if he returns to the country of persecution, it could create issues for his case (especially) and even your case. You should talk to a lawyer about that before either of you goes to the home country. For principal applicants who return home, there is a high likelihood of the case being denied, and even if your husband can switch to a dependent, it does not erase the fact that he once filed for asylum from his country. In short, talk to a lawyer about this. Take care, Jason

      Reply
  5. Hi Jason,

    Hope you are doing well. I am an asylee and I received my asylum last year. I have questions regarding applying for my brothers and sister.
    How I can apply for them?
    When I will be eligible to apply for them?
    Which form I have to fill out for them?
    Please I need your help and assistance.

    Thanks,
    Akhan

    Reply
    • Hi AKHAN

      Would you sharing your timeline?
      What is the kind of question they asked you for interview.
      have you ever requested for an AP to travel outside the country.
      Which country do you belong to when you asylum case was approved ?

      Please let me know.
      Thank you
      Kayra

      Reply
      • Hi Kayra,

        I applied in December 2014. Interviewed in August 2016. Got approval in May 2018.
        I did not apply for an AP to travel outside the USA.
        I am from Middle East.

        Thanks,
        A khan

        Reply
    • A petition for a sibling can only be filed by a US citizen, and even then, the wait is many years. The form is the I-130, available at http://www.uscis.gov. Take care, Jason

      Reply
      • Thanks Jason for your prompt reply..

        Reply
        • Thank A Khan.
          We are from the middleeast as well if you like to connect drop me an email to manch_p@hotmail.com please thank u

          Reply
  6. Hello Jason,

    I checked my Asylum receipt number this Morning, and it said that my application fees were waived for the I-765 form ( i had my second interview three weeks ago) , half an hour later i checked again it started giving me an errer user defined report, i know fees were waived mean asylum is granted but not sure why it changed half an hour later? Have anyone experienced same issue ?

    Regards,

    Reply
    • Hi
      I had a same issue if you want to know about your case status go and create a account in this link , here you can find your case status. https://myaccount.uscis.gov/. You don’t worry your case is approved . Soon you will receive a certified mail from uscis it contains approval letter and how they going to process your new EAD .after that approval letter next couple of weeks you will receive your new EAD .all the best enjoy your long weekend .and welcome to USA.

      Thanks,
      VJ

      Reply
      • Hi VJ

        I have a couple of questions that I need to ask if there a way of getting in touch with you?
        Please via email or call ?

        Please respond to this message here

        Reply
    • I do not know – I think it is always best to wait for the hard copy to know what is happening, but you can also try contacting the asylum office – Their contact info can be found if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  7. Hi Jason, i tried looking throught the website but i dit not find any information about this. We had an interview in june 2017 and we have received an approval in august 2017 pending FBI background check, since then we have no news, our lawyer wrote to uscis 3 times and we had no response, i heard that writing to our congressman might help or going to the USCIS office in person. Is there a way to find out about our case? Do you happen to know any people that waited this long or longer? Whenever we call uscis they say the case is with FBI and when we tried calling FBI they tell us that they can not give us any information since they do this for USCIS. We are clueless on what to do.Thank you very much for your time.

    Reply
    • I am not sure what type of approval you received – Recommended Approval for asylum? If so, the proper place to contact is the asylum office – you can find their contact info if you follow the link at right called Asylum Office Locator. If nothing else works, you might try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason

      Reply
  8. I was performing general safety training with my company. It contained general topics like electricity hazards, fires, earthquakes. One of the subjects was talking about an armed robbery. The training material says to “Remain calm, try to escape if possible, if not then follow the instructions and give the armed man what he is asking for”.

    It rang a bell to me that how the asylum law contradicting that much with the general safety rules. If you are an asylee and you were asked to give an armed man some of your belongings under duress then your case will be reviewed by the TRIG law and most probably you will be stuck forever in the limbo. On the other hand, the US government is asking US citizens to abandon belongings to the robber if it was under duress. Is this because I am Syrian? It sounds like discrimination based on nationality, isn’t it?

    If I become a US governer or politician in the future, my first job will be trying to make US laws harmonize with each other. Contradicting laws creates deadlocks and make people like myself now stuck forever within the unknown status, destroying their lives, and eventually losing the opportunity to make these people as a social asset. (put three lines under “if I become a US…” as I doubt that I will be given this chance. Six years is enough to say that this day will never come).

    Please let me know if I am thinking maturely or if I am off with my thoughts?

    Reply
    • Hiii

      I’m waiting on my interview for the asylum and I’m not expecting it anytime soon. I had something happened to me today and I’m not sure if it’s worth it to report it to the police. I don’t want anything to ruin my asylum case but safety is also important. Today I was waiting for the bus at the bus stop and I wasn’t on the sidewalk. A driver came and wanted to park his car im the bus stop. I didn’t stop or talk to him at all. He asked me and I aske d it’s bus stop. Anyway he parked his car little before the bus stop. He got off and came to me and he was so close and said why do u wait here and what if I hit u? I ignored him and I thought it was over but he was sitting in his car watching me for about 10mins. The bus came and I waved to the driver to stop and moved to the sidewalk so the bus could park in its parking spot. The driver saw and he yelled and cursed at me as I was getting on the bus. I was so terrified and didn’t feel safe. I don’t know how I’m going to take the bus alone next week. Is this assault? I don’t know if I should learn from this and move on or report it. Please give me advice I have to no one to ask):

      Reply
      • If the person threatened you, you can report it to the police. If you have a cell phone, I would keep that handy, and if you even see the person, you can call 911 for help. You should keep proof of your pending asylum case on you, in case the police ask, but you are able to report such issues to the police, and you should not be fearful about your immigration status. I do think you can tell the police or the bus company about what happened, so they can at least be aware of the report, but you do not dial 911 for that – maybe Google the local police or try 311 – that is the non-emergency police number in many areas. Take care, Jason

        Reply
    • I think you are correct that the laws related to TRIG violate common sense, but the US can impose such standards on non-citizens, even though it would not result in any type of criminal punishment to hand over good under duress (indeed, such a person is clearly a victim). I do not think this is contradictory, as we can impose different standards on people seeking to enter the US than on people who are already here. I think it is stupid, but I guess I do not think it is contradictory. Take care, Jason

      Reply
      • Yeah,
        You are right. Thanks for looking and clarifying it. It looks that I am looking for a reason to self explain for keeping an application of a “good” applicant (this is how I evaluate myself) on pending status for several years. I cannot bear the idea that my whole life is destroyed because probably I was a victim at some point in time. I respect the national security of the US to the farthest limit. On the contrary, there should be room for my own security. I am not an animal to be happy if I eat and sleep safely. The life essentials, stability foremost, are missing in my life under this pending status.

        Reply
        • The problem seems to be worse at the asylum office than in court, and so if your case is held up for a long time, you might try a mandamus lawsuit, which may result in a denial, but will get you to court where you might have better luck. Anyway, if you want to take that path, talk to a lawyer first to decide how to proceed. Take care, Jason

          Reply
  9. Thank you Jason for being so helpful. God bless you.

    Reply
  10. Hi

    Is it true that Immigrarion Judges schedule individual hearing on a faster date for someone that doesnt have any defense? My MCH is Dec 4th 2019 and I’m been told I will get a less than 45days individual hearing date. How True is this?

    Reply
    • If you do not have a defense, they will just order you deported – there is no need for an individual hearing. However, if you apply for asylum or other relief, they will need an individual hearing, and the wait time for that varies greatly depending on the judge. Take care, Jason

      Reply
  11. Who is in this situation: I have been waiting for a decision for 10 months now. What can I do about this?

    Reply
    • Inquire with the asylum office – you can find their contact info if you follow the link at right called Asylum Office Locator. If that fails, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason

      Reply
  12. I just checked New Orleans office , it says it’s sub office of Houston , is that true ? I was optimistic about it that they had 5000 case pending . Was thinking to transfer there

    Reply
    • As far as I know, NO is now its own independent office. Take care, Jason

      Reply
  13. It’s me again Sir,
    Do you think USCIS can reject our application for not including the i-485 &biometric fees or will they simply just reach out to our lawyer to send check in the check,
    Please Sir, I do need your advise to calm my fears.
    What’s the likely risk for this omission?
    Thanking you in advance as I await your response.
    God bless you sir

    Reply
    • HAYOUR, why don’t you just overnight the check to USCIS? Submit it with your A-number, ID, etc. Jason will confirm, but I am almost certain that if you don’t submit the correct fee, the application will be rejected and returned.

      Reply
      • I do not think this will work, as USCIS will never match the checks with the original packet. It is better to just wait for the rejected packet and then re-submit everything. Take care, Jason

        Reply
  14. Hello Sir,
    let me thanks for always been there,
    My lawyer sent in our application for asylum greencard yesterday via USPS and didnt remember to include the check for our application and he has since yesterday traveled for some interview he has with other clients ,
    what do you think may happen to our application without the i-485 fees and biometrics fees am really worried please advise sir.
    thank you again.

    Reply
    • The initial processing personnel will reject the filing and return the package to your lawyer.
      USCIS will not ask for payment as it delays the processing even further.

      Reply
    • Normally, if you forget the fee, USCIS will return the whole package to you. It may take several weeks. Then, you can re-send it with the fee. Take care, Jason

      Reply
  15. Jason, thank you for your time.

    Timeline
    Applied for assylum in Boston- Dec 2013
    Interview – Jan 2018
    Decision pending status – 1968 days
    Inquired – April 2019 case under review
    Inquired – June 2019 case under supervisory review

    Question:
    Should I request USCIS to expedite or
    Contact Ombudsperson or
    Mandamus
    In your view which of those work best? I don’t want to waste any more time. Is supervisory review a good sign that they will make a decision soon?

    Thank you.

    Reply
    • I am not sure “supervisory review” is very meaningful. I would try the Ombudsman (a link is at right), since they are free, but it also is unlikely to help (but you never know). Anyway, it is worth a try. If that does not help, then you can try the mandamus – we wrote about that on October 2, 2018. Take care, Jason

      Reply
      • Dear Jason I meant that the letter said our records confirm that your case is under supervisory evaluation. While the processing steps for most applications are completed quickly, some cases involve unresolved issues that may result in adjudication delays. Does that mean anything?

        Reply
        • Presumably, it means that the case is with the supervisor. But in practical terms, it has little meaning, since it gives no indication of when a decision might be. Take care, Jason

          Reply
  16. Hi Jason, thank u for all the information you always give us.
    If you have a pending decision, can you still apply for a travel document? Thank you

    Reply
    • If you have a pending decision based on an affirmative asylum case, you can apply for Advance Parole and – if you get it – you can travel. I wrote about that on September 11, 2017. Take care, Jason

      Reply
      • Thank you Jason for being so helpful. God bless you.

        Reply
  17. Hi
    Jason
    I m back here because i have a quick question regarding my case. Actually i have a pending asylum case in Chicago office since 2013 and i have been interviewed three times(2016,2017,2018). It has been more than a year that i don’t even check my case anymore due to zero answer also a way to live out of stress. On 6th year pending asylum case anniversary , i decided to check my case and it says ” Decision pending”. Since i saw that i wonder what the decision will be after waiting for 6 good years. Do you have any idea on the time it takes to get a decision when it says ”Decision pending”? Thanks !

    Reply
    • Dear Jason!
      You are hope for all us looking for asylum God bless you. I have a question;
      I applied for asylum in 8/2013, went to interview at Chicago office in 2016! I inquired my case update in 2017 and the answer was that my case was still pending in the office. Then I contacted the CIS ombudsman last year 2018! And this is what I received today:

      Dear Sir or Madam,
      Thank you for your request for case assistance. On June 24, 2019, the Ombudsman’s Office followed up with U.S. Citizenship and Immigration Services (USCIS) regarding your pending application or petition. The Ombudsman’s Office will continue to coordinate with USCIS Headquarters to resolve your case.

      Please be advised that USCIS has 75 days to respond to our inquiry. Any available updates will be forwarded to you. Cases that do not receive an update will continue to be brought to USCIS for resolution every 90 days.

      Now my question is, could this mean that my case is in Headquarters? If it is, is it a good sign or not?
      Thank you again

      Reply
      • I am not sure it means that – it might be that the Ombudsman just communicates with HQ (as opposed to communicating directly with the local asylum office. It does seem to say that you should expect more info within 75 days, and if not, you can reach out again to the Ombudsman, or you could consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason

        Reply
        • Jason,
          Do I understand from this that the Ombudsman office takes several months before responding to the asylee request?

          Reply
          • It’s hard to say, but that sounds about right. Take care, Jason

        • Hi jason ! Im posting my concern here because i dint get a feedback from you.

          Hi
          Jason
          I m back here because i have a quick question regarding my case. Actually i have a pending asylum case in Chicago office since 2013 and i have been interviewed three times(2016,2017,2018). It has been more than a year that i don’t even check my case anymore due to zero answer also a way to live out of stress. On 6th year pending asylum case anniversary , i decided to check my case and it says ” Decision is pending”. Since i saw that i wonder what the decision will be after waiting for 6 good years. Do you have any idea on the time it takes to get a decision when it says ”Decision is pending”? Thanks !

          Reply
          • I think I replied to this – let me know if not. Take care, Jason

    • I tend to think their messages are not very meaningful, and I suspect that message just means the interview is done and the next step is the decision. You can try to contact them directly – you can find their contact info if you follow the link at right called Asylum Office Locator. Also, you might try the USCIS Ombudsman – a link is also at right. If nothing else works and you want to force a decision, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason

      Reply
  18. Hi Jason,

    What is an estimated time to get the I 730 petition approval for family reunification? Iam hearing it might take a year and more and is there a way to expedite it ?

    Thanks,
    Sambod

    Reply
    • Hi Jason !
      Next week i have to appear in front of judge to take my decision for my case in NY court. Last hearing the judge told me that is not going to be a hearing court, just to take a decision. I was wondering do you have experience like this before or how this can go???
      And is thete going to be the same prosecutor that i did have i IH or maybe is going to be someone else?? Can my lawyer say something before judge give me her decision or no ? Thank you Jason for everything you done and continue doing for us.
      Take care

      Reply
      • I do not know the answers to these questions, as it depends on what the Judge wants to do, but typically, when a Judge schedules a case for a decision, it is just for the Judge to read you the decision. There is no discussion beforehand. But whether that is the case with you, I do not know, as it depends what the Judge told you. Good luck, Jason

        Reply
        • Hello Jason,

          I have recently moved from D.C to west Virginia for temporarily contract job. My EAD is going to expired at the end of November 2019 I’m concerned and worried about it should have to change my address? I might be here for 6 months can I fill out theI-765 form and send as my mailing address with the one I have in immigration(D.C) and physical address the one I reside ( WV)?. Please advice me on this issue. Thank you in advance!

          Reply
          • If this is a temporary move and you kept your permanent address, it might be cleaner to keep everything at the one (permanent) filing address. If that does not work, I guess you can do a mailing address in WV and a physical address in DC. I just do not know whether – if you need fingerprints – if they would schedule that near your mailing address or physical address. Take care, Jason

    • There are two parts – the I-730 part, for which you can check the processing times at http://www.uscis.gov (though these are not always accurate and we see such cases take maybe 9 or 10 months), and the consular processing part, which varies by embassy, but is usually 3 to 4 months or so. You can request that they expedite and provide any evidence in support of the request (for example, if you are expediting due to a health problem, include a doctor’s letter). That may not help, but it won’t hurt and is worth a try. Take care, Jason

      Reply
  19. Hi Jason,
    Warmest greetings
    I am working on the form I-765 to request for my EAD for the very first time while my case being kept at IC Baltimore for MCH next year.
    It seemed to me good enough to get clarity from this platform as I work on the application and I am grateful for any piece of help in advance, thank you so much.
    I found I-765 form kinda handy especially for someone who can understand the content and does it for the first time.

    My question is like :

    Firstly, what is/are other documents (s) I need to accompany with my application such as a copy of passport or copy the letter I received from the Immigration court (Justice office ) any other?

    Secondly, There was this question asked for the applicant to specify his/her CURRENT status
    So for example in my case considering I am waiting for my master hearing and my B-2 visa is already expired could I say that my Status is: Removal proceeding? If not then what is a proper way I can use to refer my status?

    Thirdly upon completing filling out the said form to which USCIS office should mail to? is it the one in Dallas?

    Reply
    • I cannot give specific advice about forms, since I do not know your case, but here are some general answers: 1 – You have to check the instructions, but normally you include proof of your asylum case, proof of the next hearing date, 2 passport photos, copy of your passport and birth certificate, certified English translations of any documents not in English, and criminal records, if any. There may be other documents needed, depending on the case, and if you are not sure, you might talk to a lawyer about the specifics. 2 – In a case like this, we normally write “B-2 expired”. 3 – You have to check the instructions for that. Take care, Jason

      Reply
  20. Why no perfume?

    Reply
    • Some people wear too much, and – especially at the asylum office – you are in a small space where it might bother people or they might be allergic. Take care, Jason

      Reply
  21. Hi Jason,
    Is it risky to travel abroad with a valid RTF when a form I-458 ajustement to permanent resident is pending?

    Regards,

    Reply
    • I meant RTD.

      Reply
    • If you have applied for your GC, you should be able to travel as normal with the RTD, as long as you return while the RTD is still valid, and also you are able to attend any appointments related to the GC. Take care, Jason

      Reply
  22. Should I move to new Orleans ? They have 500 case pending , I should get an interview in a month or two I guess right? Lol

    Reply
    • That office does seem to be moving more quickly, and NO is not a bad town, so it might be something to consider. If you do move your case there, you would then file a request to expedite, which might have a better chance, since things there are moving pretty well. Take care, Jason

      Reply
      • In the chart it says 5000 pending . There 40K case pending in LA even though they racking up processing more cases now . But I don’t know how it is to live in South You know I like sweet tea , but I don’t know about south that much .

        Reply
    • Hello Jason,

      Thumps up for the great work.
      Its 41 days since I applied and I am yet to receive interview notice.
      Is there hope of getting interview notice soon ?
      WR

      Reply
      • I think there is still a chance, but if you do not have an interview scheduled within another month or so, it probably means you are in the backlog and there is little chance that you will receive an interview soon, unless you expedite. Take care, Jason

        Reply
      • It’s been 1,230 days since I applied. I hope this helps, haha. Just kidding.

        Reply
        • LOL TINA, I know, right?

          Reply
  23. I don’t have good news and I can’t share my news with anyone (except my lawyer who is superb and who I hate to overburden). So I wanted to share my timeline with you all.

    August 2018 – arrived in the US
    October 2018 – filed my application
    December 2018 – interview scheduled
    January 2019 – interview rescheduled and took place
    May 2019 – applied for EAD and received in just 3-4 weeks
    June 2019 – application denied and referred to the court
    October 2019 – is the date to appear at court

    I’m from a North Asian country and my case is in Virginia.

    Reply
    • Hi Jason, my asylum case was deferred to immigration court and I’m planning to move to DC or Virginia area. How can I transfer my court case to Virginia immigration court? If you don’t mind me asking, what is your rate for defensive asylum? Thanks.

      Reply
      • You have to file a change of address, form EOIR-33. Also, you may need to file a motion to change venue. Talk to a lawyer about that. Our fee for a local court case is usually $5000 or $6000. Take care, Jason

        Reply
    • Keep in mind that many cases denied at the asylum office are approved in court, so you should continue to have hope. Also, the initial court dates often change, and you can check the date by calling the court hotline: 800-898-7180 and entering your Alien number. Take care, Jason

      Reply
    • I hope it works out for you in court.
      Good luck.

      Reply
    • Do not take it negatively Asiana. I know how it feels when receiving a denial. But believe me, it is easier than keeping your case in the pending status for six years. You will die and live in every second that passes through. Now you have a court date. Hopefully, you get approval. If not, then you will have the opportunity to explore the options of your next step. Maybe seeking another country’s protection.

      God bless you.

      Reply
    • Hi Asiana, can we get in touch? my email is kadown89@gmail.com

      Reply
  24. Hello Jason,
    Thanks for all your help, I am a derivative on my spouse asylum case and also on F1 visa. I already have an EAD card from asylum case but I haven’t used it yet. I am planning to apply for my OPT EAD card now to keep my legal status. I am just wondering if it is a good idea? I read that as soon as the second EAD gets issued the first one gets canceled(not sure why it is even important). one more question, on i756 the first question is “the reason for applying” and none of the options is perfectly matches my situation (I am thinking to select “Initial permission to accept employment” since it is my first OPT EAD). thank you again.

    Reply
    • If you have the OPT EAD, you should still be considered in-status for purposes of changing to another status or adjusting status. The fact that you have an asylum case pending, even as a derivative, could cause USCIS to cancel your F-1 status (since you have sought to remain permanently in the US, which is in conflict with the F visa, which requires you to leave when you are done school). In any event, the OPT would potentially leave other options open for you, but there is no guarantee. I do not see how getting an OPT EAD would affect the other EAD, but I also don’t see why it matters, since you will have an EAD. As for the form, if this is your first OPT EAD, it is an initial permission to accept employment, but there is also a place on the form where you have to state whether you ever had an EAD, and so you should explain about the current EAD and include a copy of the old EAD card (front and back) with your new I-765 application. Take care, Jason

      Reply
      • Thanks jason for the detailed answer. The only reason that i am trying to keep my F1 status by applying OPT is that my husband has EB2 case in process as well so we are hoping to be able to get green card from it. By applying OPT i want to keep my status as long as i can.

        Reply
        • I have a pending asylum case with EAD. After I finished my school I applied for opt and I got approved now I have to EADS

          Reply
      • May I ask…I know many people are applying for H1B status every April while they are on F-1 status…shouldn’t their F-1 status be cancelled as well ? since they didn’t leave/intend to leave after they are done school…Just some confusion as it seems so similar.

        Reply
        • Applying for asylum is a request to stay in the US permanently; applying for an H1b is requesting to stay temporarily (an H1b visa is a temporary work visa), and this is one big difference between going from F to H1b vs. going from F to asylum or a GC application. Take care, Jason

          Reply
  25. What about having a pizza delivered during the individual hearing (double cheese and sausage)?

    Reply
    • Only if your name is Jeff Spicoli. Take care, Jason

      Reply
  26. Hello Jadon,
    Based on an earlier advise from you to google “cancelation of removal” for people who spent 10+ years and they have immediate relative as citizen. I have advised my friend to seek it. She asked her lawyer. The lawyer said you are ineligible as you are already in trial. This policy is designed for people who have not been to the court yet.

    I just wanted to confirm this understanding?

    Reply
    • That is not correct. The only people who can qualify for Cancellation of Removal are people who are in court. Once the court case commences – when the Notice to Appear is issued – the “clock” stops, and so if a person does not have the 10 years in the US at the time the NTA is issued, the clock stops and they never reach 10 years. Maybe that is what the lawyer means? Even so, many NTAs are defective (per a 2018 Supreme Court case called Pereira v. Sessions) and do not cause the clock to stop. If the lawyer really believes that Cancellation is only available to people who are not in court, something is wrong, and your friend should get a second opinion from a different lawyer. Take care, Jason

      Reply
  27. Hi,
    Thank you for you help , my online changed from the decision is pending to my decision was mailed yesterday but I heard a lot about if was clock currently running means the case rejected or if the clock is STOPPED that mean granted please help me because in my case the days stops counting but clock is currently running
    Thanks

    Reply
    • Hello Hannah, which office was your case.
      How long have you waited for your decision?
      Feedback will be gladly appreciated.

      Reply
    • People have said that here as well, but I think you cannot rely on that. You will just have to wait for the decision and hope for the best. That is the only way to know for sure. Good luck, Jason

      Reply
      • It was really right I referred to the court after 5 years
        Thank you for your reply

        Reply
  28. Those “sobriquets” made me laugh my rear off. Especially “He Who Shall not be Named”. 😂😂😂
    Not sure how I would react if someone called me that. “Oh He who must not be named, may thou grace fall upon me” 😀

    Anyway Jason, as always, a very helpful post.

    Cheers and have a nice weekend

    Reply
    • I’m not such a fan of Harry Potter (I’m a Tolkein man myself), but I bent to peer pressure. Take care, Jason

      Reply
  29. Dear Jason

    I hope you have a good time

    I have a pending case here in Virginia for over three years

    My question is that i have friends in dubai. Afghanistan. India, kazaqisan, canada, Australia, UK, Pakistan,

    And im alone I usually talks with these people thru Facebook messenger or calling thru skype or viber or what’s up!

    Is that effect my case being in regular communication! Does USCIS will check all these communitication

    Reply
    • I do not know how much they know about such communication, but most of my clients have friends and family in such places as well, and I have never had reason to believe that the government is monitoring these communications. In other words, no one ever said anything to us about that. I certainly do think it is possible that the government knows about the communications, and might know if the communication went to someone that they felt was a security risk. But I do not know that communicating with friends and family in other countries will have any effect on the case. Take care, Jason

      Reply
  30. Hi Jason,

    I have requested an expedition request for decision through a congressman’s office. USCIS replied they can only expedite interview. They don’t expedite a decision. My case has been prioritized for supervisory review. USCIS has also said that it ‘s not likely that a final decision will be made on my case within the next 90 days. What I understand is I am still far from a decision for months.

    Best,

    Reply
    • It may be, but I do not believe they cannot expedite a decision. In some cases, maybe they cannot, since they do not control the security background check, but I do think they can request expedited processing if they are persuaded to do so. I just think it is not a priority. If you really need the decision, maybe you need to think about a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason

      Reply
  31. Hi Jason,

    I was planning a trip to a third country which is not the country of claimed persecution. I’m traveling with my RTD. The flight requires a stop at Paris CDG to transit. Considering Its not recommended to travel with your home country passport. I was wondering if a transit visa is needed in my case cause from the French external affairs website it’s sais if you travel with a valid us visa or permanent residency card, you’re exempt from transit visa.

    Regards,

    Reply
    • I do not know (though I know CDG is a big pain), but you can bring your passport with you in case you need it. Not all countries accept the RTD. If you need to go through customs in France, which maybe you do, you might contact the French embassy in the US to see whether they can advise you, or maybe their website will have info about that. Take care, Jason

      Reply
    • I have transited through CDG and Zurich airport with GC and RTD. There is no internal check when you get off from one plane to another but the airline checks your RTD and GC when you get on the US bound plane. Essentially they check all passengers. You have to show your US passport or passport and visa/GC. Should not be a problem. Hope that helps

      Reply
  32. Dear jason

    I have a pending case since million a go

    I have a friend who has a restaurant in Virginia can he sponser me !

    Reply
    • Maybe, but you would need to talk to a lawyer about whether you are eligible. I did a post that might help on August 28, 2018. Take care, Jason

      Reply
  33. Hello ,
    When I checked my case on line it show my application is pending Your application with USCIS is still pending.

    “You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock.”

    When I used to check my case online it used to have me your decision is pending , does this mean the reached a decision and does this mean a a refusal or an approval ?! I feel very anxious

    Reply
    • If you were interviewed, then it sounds like the decision is pending. Whether the decision will come soon or take a long time, there is no way to know. If you have been waiting too long, contact the asylum office and ask about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Yes I was interviewed on Jan 30, 2018 and when I was checking , it always said the decision is pending but today I received an email from the Ombudsman’s office as I wrote in a previous comment and they told me the office will have a decision soon after they reviewed my case , I was just wondering why when I check my case now it tells me about my EAD application and it has been pending although it was issued on June 25,2019 .why it has been changed from a decision is pending to your EAD application is pending ?!

        Thank you for all your support and help

        Reply
        • I do not know, but maybe you entered your receipt number for the EAD rather than your receipt number for the pending asylum case? The online messages are often not so useful. I think you just have to wait to see whether they issue a decision, and if the do not, then you should follow up. Take care, Jason

          Reply
          • No ,sir I entered the receipt number of the asylum application like I always do and it was giving me you were interviewed and the section is pending but after I received the email from Ombudsman’s office who told me about reviewing my case and expecting an action this time when I enter the asylum receipt number it tells me my application is pending and it tells me about EAD

            You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock. Your case has been pending with USCIS for 888 days, not including delays, and the USCIS portion of the

          • I am not sure why the message changed, but this is a generic message about the EAD – I do not think it means anything. Your case is pending, and your options are to keep waiting or maybe inquire with the asylum office. Take care, Jason

      • Hello Jason,

        Today, I recieved notice to appear for second interview. My first asylum interview was in September of 2016, almost 3 years ago. I am so anxious about it, and want to ask you to share your experience of second interview. What is their most common reason to call applicants for second interview, especially after 3 years? Also, can they detain those who come for interview?
        Thank you!

        Reply
        • I have not heard any instance where a person was detained at the asylum office, with one exception, and that was for a person with a criminal issue. So I do not think you need to worry about that (unless you have a criminal history). As for the interview, there could be many reasons: the officer who interviewed you quit and did not finish the case; the supervisor has more questions; the background check raised issues; they need more info about you (this often related to prior military service). You should prepare for the case as you prepared for the first interview. Also, try to remember what happened at the first interview – they have notes of what you said, and you should try not to be inconsistent. Take care, Jason

          Reply
          • Thank you for your quick response. I have another question about interview notice. Three years ago notice for my first interview was blue piece of paper, this time it on white paper like fingerprint notice. It probably does not mean anything but still wondering if there is any difference?

          • They just changed the format – it has no other meaning. Take care, Jason

    • Did you filed change of address request recently?
      If so before they process your request it’s in that state.

      Reply
  34. Hi Jason Sir,

    I applied for asylum based I-485 & I-131 with fee waiver. I have received two separate notices of action, 1st fee waiver approved, 2nd rejection for I-131. Along with 2nd notice they also send me the medical report I-693 which submitted in sealed envelope. It is open and has some marking on footer of each page, it look as if they have already scanned it.

    Now I do not want travel document for now, I am getting worried why they returned the medical report? I do not have lawyer services , can you please advise what to do now?

    Thanks and regards.

    Reply
    • Maybe there was something wrong with medical exam. Is there a letter from USCIS that explains this? Take it back to the doctor who did the exam and maybe the doctor can determine what is wrong (and if the mistake was the doctor’s, hopefully you will not be charged to fix it). Take care, Jason

      Reply
      • The form I-797 says Rejection Notice for I-131, and the reason “The Payment amount has not been provided” and “You are invited to resubmit your application package after you have corrected the reason for rejection”.

        The whole notice is about Travel Document, nothing mention about I-693.

        Thank you so much for your help.

        Reply
  35. Hello,
    Today I received another email from Ombudsman’s Office and it mentioned the following the Ombudsman’s Office has further reviewed this matter and determined that USCIS has reviewed your case and completed your interview on June 6, 2019.
    Please allow USCIS up to 120 days after the interview to provide a final decision or other notice of action. If USCIS does not provide a final decision or other notice of action after the time frame provided, please contact them through proper channels to obtain updated information.

    What does this mean?!

    Reply
    • Hopefully, it means you will get a decision in 120 days after June 6, 2019. If not, you should follow up with the Ombudsman and the asylum office directly (you can find their contact info if you follow the link at right called Asylum Office Locator). Take care, Jason

      Reply
  36. Hello Jason. Hope everything is ok for you. Thank you for everything you have done here. What type of questions have been asking during Individual Hearings? They usually ask for all about the case and detailed answers about our case or they also ask about our jobs, how we live in here, what we have done when we were here? I am not criminal and never have been before either in my home country or here. Never got any ticket or stopped by the police. Why I am asking that if we work here legally, paying our taxes and trying to be a good resident for this good country. And of course have a strong case, would our cases be treated according to these behaviors? And can we work in a different state (other than actual court state) for temporarily if we found a good job?

    Reply
    • Normally at the Individual Hearing, they ask about the substance of the case. They can also ask about what you are doing in the US, but that is less important. The decision-maker is human, of course, and when they see that you are doing good things, that will be a positive influence. That said, you still need to show that you qualify for asylum. Take care, Jason

      Reply
      • Thank you for your prompt answer, Jason. What about If I found a job from a different state, Can I work there for temporarily?

        Reply
        • You can, but if you move and give up your old address, you would need to file a change of address form with USCIS – form AR-11 available at http://www.uscis.gov. Take care, Jason

          Reply
  37. Dear Jason & all

    I feel you all because im going thru same pain every single days-

    I come a cross with many friend who escaped and crossed the border and made their claims in canada- it wasn’t an issue before but now on april 10 2019 government of canada proposed a law that people who have a claim in USA,uk, new Zeaand and Australia will not be able to seek another claim in canada- i was one of the person who wanted to crossed the border- today i paid and had appointment thru a call conversation with a canadian immigration lawyer!

    Unfortunately the bill is passed since im reading this page every single day if any of you guys wanted to go please dont go you will put your self in trouble bill is passed on 6 June 2019

    This link is proposed three months a go
    https://www.bbc.com/news/amp/world-us-canada-47874012

    https://www.google.com/amp/s/www.wsj.com/amp/articles/canada-wants-to-limit-claims-for-some-asylum-seekers-11554844287

    Here is the link which bill is passed now its a law
    https://www.parl.ca/LegisInfo/BillDetails.aspx?Language=E&billId=10404016

    The reason i post is maybe someone here might have planned to move wanted to helped them because i paid three lawyer over there and had phone consultation…. I love you all may God gives us patience!

    Thank you Jason for your nice work

    Reply
    • Thank you for this. I still recommend that anyone thinking of going from the US to Canada should talk to a lawyer in Canada before they go. There may be exceptions to the law in Canada, and maybe a lawyer who knows that law can help. Take care, Jason

      Reply
  38. Hello: Anyone on this forum tried to expedite their decision(at asylum office) based on health conditions? I don’t know if that even exists but any suggestion may help. Thank you.

    Reply
    • You can try – get a letter from the doctor explaining why the delay is making your health worse. I wrote a post about expediting the interview on March 30, 2017 – the principle to expedite the decision is the same. It may not help, but you can try. Take care, Jason

      Reply
      • Thank you Jason! That’s what I thought, I expedited my interview based on the health issues, my doctor gave me a letter. It’s the PTSD after all the circumstances I went through and my family back in home country is still targeted and threatened, I am not sure if that would work for decision but it doesn’t hurt trying.

        Reply
  39. Jason,
    I paid my lawyer for the beginning of process – filing the case and preparing for the interview. But almost five years have past and my case is still pending. I think should I pay my lawyer more? Maybe it helps and she would somehow expedite my case. How should I ask her about it? I want to be respectful.

    Reply
    • Oh Jason,

      That “most important” part

      Reply
    • Paying more will not help, but you can ask her about expediting. I also wrote about that on March 30, 2017. Maybe she will charge you to expedite – that is fair, but if you have a reason, she/you can try. Take care, Jason

      Reply
    • 5 years for an interview ?! Which office ?

      Reply
  40. Hi,

    I have applied for Advanced Parole in March 2019 and still didn’t receive anything. Just the receipt that “Case was received”. I did previously Fingerprint for Green Card, so I assume they didn’t need it for advanced parole too. Is this normal? It’s been 95 days.

    Reply
    • I think these days, AP is taking about 6 months, but you can check the processing time at http://www.uscis.gov. If you have the receipt, I think the case will be processed; it is just a matter of time, and now things are slow. Take care, Jason

      Reply
  41. Nice one.

    Reply
  42. Hi Jason. I just read the news at USCIS page about new “FIRST” service for FOIA requests.
    Since I was granted asylum by a judge like 1.5 month ago, can I request my i-94 form with indefinite asylee stamp in it without going to USCIS office where it is almost impossible to get a slot for the appointment?

    Thanks you again for all the help you provide us!

    Reply
    • I do not know that you can – you can try, but my understanding is that you have to make the InfoPass appointment, which these days requires you to call USCIS and make an appointment. It is idiotic, but I think you have to do it. Supposedly, the issue with InfoPass is being raised with USCIS, which may help, but the main problem is that the USCIS leadership does not care or is hostile. Take care, Jason

      Reply
  43. Hello Jason,
    Did any, have you heard of any, asylee who has provided material support ever denied by the asylum office and referred to court? It looks they tend to hold the case forever rather than referring it? Let me rephrase the question. What is preventing the asylum office from referring the case if they think that the applicant has provided material support?

    Reply
    • I cannot think of an example, but I do not remember all the cases and I’ve only had a handful of people with material support issues. I will say that of that handful, none were referred to court. They were (and are) in limbo. Why this is the case, I do not know (supposedly DHS has been drafting regulations for many years and maybe they are waiting for these regulations before issuing a decision). Take care, Jason

      Reply
      • 1- If I may, how did you find that these (handful) applicants were accused for material support? Is it guessing only?

        2- how do you think judges would deal with such cases in the court if I was referred to them? (Note: the material support incident happened under duress because I didn’t give the bad guys what they asked for initially. They cane to my house after few weeks and took some of my belongings under threat and left without negotiating)?

        Reply
        • 1 – Educated guessing – the person I am thinking of got kidnapped and paid to be released. Another person was in court and worked for an organization deemed a terrorist group (a group that was more of a rebel group and that was not considered a terrorist group if you applied for asylum during a certain period of time – which my client did not). His asylum was denied and he received Torture Convention relief. 2 – That does not sound like material support to me – it sounds like robbery, and so maybe you can characterize it that way. My suspicion is that most judges handle this better than the Asylum Office does, but you need to make an argument to the judge explaining in legal terms why there is no material support bar. Take care, Jason

          Reply
  44. It is five years My asylum case is pending 3 years with immigration office and now two years with court , please let me know what you did that they expedite your case?

    Reply
  45. Hi Jason,
    And again thank you for your helpful article.
    Could you give us more information about a Master Hearing before going to Immigration Judge?
    What happens during that time?
    What questions they ask us?
    How our attorney can help us during that Master Hearing?
    How we can prepare ourselves to have a successful Master Hearing?
    All family members need to be at Master Hearing room or only one person can be front of judge and family members can’t be thereat the same time?

    Thank you,

    Reply
    • I did a post on March 7, 2018 that I think answers most of these questions. For the Master Hearing, any family member who is part of the case must appear, even children and infants. Normally, at the Master, the Judge will advise you that you do not need to bring children to the future hearing, but for the first hearing, they need to attend. If the children are not part of the case – they are US citizens, for example – they do not need to attend. Take care, Jason

      Reply
  46. Hi Jason

    You did a great job again. Very helpful and like a gold-worth advises .

    I nowadays hear that Newark office is working very fast that is why a lot of pending applicants are moving their case to Newark office. Rumour has it that they complete the cases within 3 months.

    Is ther any truth to ?

    Thanks

    Reply
    • We do not file a lot of cases in Newark, but we file some, and all cases we have filed there have been interviewed within a couple months. Also, I did a post two weeks ago with some statistics, and that shows that Newark is one of the few offices that are making progress on the backlog. This signals to me that they are interviewing all (or most) new cases – if they were not completing the new cases, they would not have time to work on the backlog. Take care, Jason

      Reply
  47. Dear Jason, thank you for your articles. You taught me a lot. I often read your articles. You made me laugh today. I like all the dues and don’ts that you have mentioned here. Your lust do is amazing and loving. Qql

    Reply
    • I like that “Do pay your lawyer especially if you are my client” hahaha. I am your client i have paid you a little half. Lol
      Thank you Jason once again for all you do for us.

      Reply
    • Thank you, Jason

      Reply
  48. Many thanks to the great checklist. I do have some suggestions.

    However, it is a do’s and don’ts suggested to the asylum office. (friendly suggested, they may consider it or trash it. Nobody will question them eventually if they don’t care about it).

    – Do not judge a person according to the US law for an action that has taken place on another ground with a different judicial system and under different laws. According to the Syrian judicial system, if you were kidnapped and your family had to pay a ransom to set you free, the Syrian government does not come after the victim whether/whether not he paid the ransom. The law enforcement goes after the kidnapper ONLY in all cases. Sometimes, paying the ransom will be managed by the Syrian government. Like giving marked and traceable serial money to the victim to give it to the kidnapper so they can trace him later on. In all scenarios, the victim didn’t break the Syrian law by giving the money. He was not breaking the law. How come you are applying the US laws on an action happened in the past on a non-US-ground according to a retroactive policy? Gambling is illegal in Hawaii; you cannot detain a Hawaiian man, who has just returned to Hawaii, because he has gambled in Las Vegas, correct? Prosecution stipulates location and time (when and where). I am not a lawyer, but these are the alphabet of international law as far as I know?

    – If you do not like the above person (who provided material support under duress), then throwing him to the limbo doesn’t mean that you covered yourself as a government cares about human rights. You are destroying his life. This is worse than prosecuting him. At least criminals have a chance to live post-prison; asylee in limbo does NOT!!
    – Do not throw a person into an indefinite waiting if you are unable to make a decision. Otherwise, you may deny.
    – Do not consider renewing EADs and keep the case pending as a grant. Living under similar circumstances reflects severely bad on the victim (asylee) psychological pace. He is living on the US soil technically. You still need to keep him healthy so that reflects on the social integration. Again deny him if you are unable to accept.
    – Understand that the asylum office is a very well, US formed, well-established institution. You guys are very systematic and organized. Understand that you are dealing with persons came from spoiled societies. Give them a break. If they lived safely with flawless behavior since they came to the US, it means they are great people.
    – Do not set up traps and beat around the bush. If you are investigating a person behavior to see if he provided material support to a non-governmental checkpoint (supporting terrorist), then declare it before asking the question. I thought the officer asking this question to explore if I was under pressure or threatened by anybody in Syria. I thought if I answered yes, it means something good for my case. Luckily, I don’t lie; I answered no. I have heard of some people lying and answering (yes we paid) because they think this can support the case. Again, the officer needs to declare his intention behind the question. Setting ambiguous purpose questions is not a good practice.
    – Again, declare your intention behind the question. Do not try to let the asylee slip out. Do not set traps. Be clear.
    – Recognize the statistical and the new smart scientific tools like Artificial Intelligence which provides a flawless prediction to the future. In another word, if the statistics say that Syrian asylees committed no crime (I mean it; zero crime) on the US land. It means there is no risk behind these people. Accept them unless you have a solid reason to deny (supported with evidence). These tools are being used in San Francisco roads to process the self-driving autonomous cars. It means the system is safe enough to be trusted on the safety of people in SF area roads. These tools will not misjudge a Syrian poor asylee. Save your efforts to go after the true terrorists.
    – No comment to Judges. I believe they are doing a great job in enforcing the US law.

    I know that officials do not care about this. They probably consider it crap. However, I do believe that if they consider these rules, they will relieve a good number of stuck cases. Eventually, this reflects on the system integrity by offloading unnecessary efforts.

    Reply
    • I think this is a great list – maybe I should do a post like this for Asylum Officer and Judges too. One point – the material support bar is part of the law, and it is not really up to the decision-makers to about applying it (though it seems to me, like you say, that they do not have to be so over-zealous about it, especially where duress was involved). It is a terrible law – I wrote a post about that on February 27, 2014. Take care, Jason

      Reply
  49. Just sharing an updatr on receipt timings: I sent in my 485 packet to Nebraska last month (may) with the fee waiver, and only now (end of june) received a text notification of receipt.

    Reply
    • Plz guide i have the same case. i applied for i485 last week with fee waiver,hope fort best.What they replied you? uscis waived your fees?

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    • Hi Zach
      Did you give them any proof for them to waive your form i485?
      I applied for food stamp but was denied, I was told food stamp was the basis for i485fee waiver.
      Please Jason can you clarify.

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      • There are different bases for the fee waiver, and I believe receiving public benefits is one such basis. You have to check the instructions for the I-912, available at http://www.uscis.gov, which describes who qualifies for a fee waiver. Take care, Jason

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    • Everything is slow, so this is not a surprise. We just received an asylum receipt dated March – it arrived yesterday. Though in this case, I blame the post office. Take care, Jason

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  50. Good Man Jason,

    I have good news for you today, I win my asylum case today at Baltimor immigration court, asylum granted.
    Applied in 2017 January.

    Your help was incredible in many ways. Keep on the good work and God bless you!

    Reply
    • Congratulations and welcome to the US of A! I did a post on May 16, 2018 that may be of interest. Congratulations, Jason

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      • Thanks Jason,

        Btw my older daughter has just turned 21 last April, I believe she still be legible to be part of derivative family members ?

        Thanks,
        Samuel

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        • If you filed the case when she was under 21, she can remain as your dependent until the case is decided. If you have not yet filed the asylum case, and she is now over 21, she would need to file her own case (you can file them together, but she has to have her own case). Also, a married child cannot be included as a dependent when you file the case. Take care, Jason

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        • Which office ?

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    • How did you get your result so fast ? Did you go to asylum office too for interview ?

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      • Expedited on both at court and immigration office.
        Thanks,

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        • Hello Sambod

          It is five years My asylum case is pending 3 years with immigration office and now two years with court , please let me know what you did that they expedite your case?

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          • Kodom office darkhast dade boodi?

          • I have applied in Houston Texas bro

          • Still I’m waiting for your answer bro , you speak Farsi I’m pretty sure you are from afgh , so please keep in touch I need your help bro.

        • Hello Sambod

          It is five years My asylum case is pending 3 years with immigration office and now two years with court , please let me know what you did that they expedite your case?

          Reply
          • Hi Jason,
            Woo. Thanks for this article. I have an interview schedule for Aug. 22. This is very good for me ans on time. Many thanks.
            can I apply or ask me lawyer to if I can apply through him or myself for an advance parole to go see my family in a 3rd country for a week and return? Do you think it will be good for mee to apply with the lawyer concern or the lawyer must be the one to apply for the AP? DO You think they will give a AP due the depression about how I missed and need to see my family? That my Daughter gets sick all the time wishing to see me? What better excuse I can give to get AP? Is it save to apply after the u interview without waiting for the result? How long do u think it will take to get the AP? I just want to see my family. It has been almost 3yrs now. by Oct it will be 3yrs since I last saw my kids and my family.

            Please advice

            Kae

          • This is a very difficult situation, but if your interview is really in August, you may just want to wait to see how it goes – if it seems you will get a decision soon, that may be better than applying for AP (you can ask the officer about the time frame, though usually they do not tell you much). Otherwise, you can apply for AP to try to meet your family. The process is a mess, but if you have some medical evidence, like a letter from the doctor, explaining the problem, that may help. I wrote about AP on September 11, 2017. Good luck, Jason

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