What Happens at an Asylum Hearing in Immigration Court?

by Jason Dzubow

There are now more than 1,000,000 people with cases pending before our nation’s Immigration Courts. The culmination of this process is the Individual Hearing, where the Immigration Judge (“IJ”) usually decides whether the applicant gets asylum, some other relief, or is ordered deported from our country. For asylum seekers, the Individual Hearing can be stressful and frightening. Here, we will discuss what to expect at that hearing. In prior posts, I discussed the Master Calendar Hearing, and how to prepare for the Individual Hearing.

Before we get to the substance of what happens at the Individual Hearing, I should mention that there are detained and non-detained hearings. A detained hearing is similar to a non-detained hearing in terms of the order of events, but sometimes the IJ and the alien are in different locations, and so cases are done by video (non-detained cases can also be done by video, but this is less common). These video hearings are more difficult to litigate, in terms of looking at documents, hearing each other talk, reading non-verbal cues, empathizing with the applicant, etc. Detained hearings are more difficult to prepare for, as it is difficult to gather evidence and get ready for your case when you are in jail.

Also, of course, different IJs have different styles (in Immigration Court, IJs decide the case – there are no juries). Some IJs ask a lot of questions; others ask no questions. Some are professional and respectful; others, not so much. It is helpful to know something about your IJ before the court hearing, so you can have an idea about what to expect. Statistics about asylum grant rates for many IJs can be found at TRAC Immigration.

Also, if the Judge makes a joke, don’t forget to laugh. Even if you have no idea what the heck he is talking about.

Finally, as I discussed previously, many cases are won or lost before the trial even begins, and so how well the case is prepared will likely affect how the Individual Hearing proceeds.

As for the Individual Hearing itself, it begins when the IJ arrives in court. Everyone stands up for the Judge. Once everyone sits, the hearing usually begins with a conversation between the IJ and the lawyers (assuming the alien has a lawyer). During this discussion, the parties may try to narrow the issues that need to be discussed. Perhaps there are some areas of agreement, and it is helpful to know this in advance. Also, in some cases, the IJ will not need to hear testimony about the entire case – maybe the alien will only need to testify about part of her story.

At the beginning of the hearing, the IJ will ask what “relief” you are seeking. This can be asylum, Withholding of Removal, relief under the Torture Convention, Cancellation of Removal, Adjustment of Status, Voluntary Departure, and/or something else. The IJ will also mark the evidence and hear any objections. So if you submitted evidence, and the DHS attorney objects to that evidence, the Judge must decide whether or not to admit that evidence into the record, and how much “weight” to give to that piece of evidence (some evidence is considered more reliable than other evidence and hence receives more “weight” in terms of how much it influences the IJ’s decision). At this time, the IJ will also ask whether there are any changes to the form I-589. You can update your form and make any corrections. Once the form is updated, the IJ will have you sign the form under penalty of perjury. You will also be “sworn in” under the penalty of perjury. This is basically a promise to tell the truth, and if it is found that you are not telling the truth, there are potential immigration and criminal consequences. If there is an interpreter in your case, the interpreter will also be sworn in.

If you have brought any witnesses to court, they will typically be asked to wait outside, so they cannot hear your testimony. That way, their testimony can be compared to your testimony. If there are inconsistencies between your witness and you, it could cause the IJ to think you are not telling the truth. For this reason, it is important that the witnesses are prepared in advance, and that you and your witnesses are on the same page. Keep in mind that different people may have different memories of the same event, and even if they are both telling the truth, there is still a risk that the two accounts will not be consistent. For this reason, it is important to go over each person’s testimony prior to the court hearing.

Normally, the “respondent” (the alien who is the subject of the court proceeding) testifies first. This usually begins with your attorney asking questions (assuming again that you have an attorney). This is called the “direct examination,” and usually involves you telling your whole story. Once the testimony is done, the DHS attorney asks questions. This is called “cross examination.” During cross exam, the DHS attorney will often try to test your credibility. There are different ways to do this: Asking about prior inconsistencies in other applications (including any visa applications), at the Asylum Office, or during the credible fear interview; asking about testimony that seems implausible or inconsistent with country conditions; asking about documents or evidence that seems fraudulent. Hopefully, as you prepare your case, you will think about some possible avenues for cross examination and how you might respond. Afterwards, your attorney has an opportunity to ask some additional questions, based on what happened during cross examination. This is called “re-direct.” The IJ can interject with questions at any time.

During your testimony (and for your witnesses’ testimony), remember that if you do not understand a question, ask for clarification. Do not answer a question that you do not understand. If you do not know the answer to a question, or you do not remember the answer, just say that you don’t know or you don’t remember; don’t guess. If you need a moment to collect your thoughts, ask for that. If you need a break, ask for that too. If you have an interpreter and there is a problem with the interpretation, don’t be afraid to raise that issue as well (especially if you do not have a lawyer or your lawyer does not understand the language). Also, on cross exam, the DHS attorney often asks yes-or-no questions, and will sometimes insist on a yes-or-no answer (sometimes, the IJ will do this as well). If you cannot answer the question using a yes or no, try to explain that. If you feel that you have no choice but to answer yes or no, you should at least alert the IJ that you have more to say. On re-direct, you will have an opportunity to elaborate on your answer. Remember to always be polite and don’t lose your cool.

After your testimony is finished, it will be your witnesses’ turn. Sometimes, the IJ will accept a “proffer” of a witness’s testimony (assuming both your lawyer and DHS agree). This means that the IJ will accept the testimony as recounted in the witness’s letter (witnesses generally submit a statement in advance of trial), and that the witness will not actually need to testify. A proffer can be beneficial to your case (since it eliminates the possibility of inconsistent testimony), but it can also be a disadvantage (since the IJ will not hear the witness’s testimony, which would presumably support your asylum claim).

After all the testimony is done, most–but not all–IJs allow the lawyers to make closing arguments. This is an opportunity for the lawyers to explain why they think you should win (or, for the DHS lawyer, lose) your case. Some IJs prefer to have a discussion at the end of testimony, to see whether there is agreement about resolution of the case.

Finally, the IJ will either make an oral decision, reserve decision for later, or inform the parties about the next step (in some cases, the IJ needs more information from the parties before she can make a decision). In the majority of of cases, the IJ issues an oral decision that same day.

If you do not like the IJ’s decision, you can “reserve” appeal. If the DHS attorney does not like the IJ’s decision, DHS can reserve appeal. If you (or DHS) reserve appeal, you have 30 days to file the appeal using form EOIR-26. The IJ should give you the deadline for the appeal. If you or DHS appeal, the appeal will be resolved by the Board of Immigration Appeals. But that is a story for another day.

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Asylum Ban 2.0 Won’t Work – Here’s Why

by Jason Dzubow

In a recent decision, the Supreme Court has allowed a new asylum regulation to go into effect, at least until questions about the legality of that regulation work their way through the court system. Until now, the rule had been on hold, thanks to an interim decision by a lower federal court. The regulation–colloquially known as Asylum Ban 2.0–bars certain people from asylum, depending on when and where they entered the United States. Whether the regulation will ultimately be upheld by the courts is not yet known, but obviously, the Supreme Court’s decision does not bode well. 

Here, we’ll take a look at the effect of the new rule on asylum applicants and on “the system.” 

First, let’s talk about who is blocked by the regulation. The rule applies only to people who arrive at “the southern land border” of the United States. So if you arrive in the U.S. at an airport or seaport, or if you arrive by boat or drop in by parachute at a place other than the southern land border, the rule does not apply to you. Even if you arrived at the southern land border, the regulation does not apply to you if you got here prior to July 16, 2019. Those who arrive at the U.S.-Mexico border on or after July 16, 2019 are affected.

There are many ways to avoid the southern land border.

If you are affected by the regulation, you are barred from asylum unless (1) you demonstrate that you applied for protection from persecution or torture in at least one country outside your country of citizenship, nationality, or last lawful habitual residence through which you transited en route to the United States, and that you received a final judgment denying your application for protection in such country; or (2) you demonstrate that you satisfy the definition of “victim of a severe form of trafficking in persons” provided in 8 C.F.R. § 214.11.

So the first exception requires the alien to seek protection in a third country en route to the U.S. It’s worth noting that if you are seeking asylum from Mexico, the rule does not apply to you, since you have not passed through a third country. If you are from some other country, the only way to arrive at the southern land border is to pass through Mexico. Some people pass through dozens of countries to reach the U.S.-Mexico border; other people pass through only one country (Mexico). The regulation requires that you seek asylum in one of those countries; the regulation does not require you to seek asylum in more than one country.

In the preamble to the regulation, our government justifies its new policy by claiming that Mexico’s asylum system is a “robust protection regime.” This seems doubtful. Most reports indicate that the Mexican asylum system is overburdened and flawed. Moreover, the situation in Mexico is unsafe for many people trying to reach the U.S. Most other countries that asylum seekers might pass through are no better. And so the idea of barring asylum seekers simply because they did not seek asylum in a country that was unsafe for them and/or that does not have a functioning asylum system seems unfair (especially for those who did not know about the rule, which is effectively retroactive) and cruel. 

What then do you do if the new rule applies to you? For people who are not yet here, my guess is that some of them will start seeking asylum in third countries and being denied. It seems to me that the rule will create a cottage industry where any Mexican or Central American official with a “no” stamp can issue a denial, and then the asylum applicant can use that denial to support a claim for asylum in the U.S. For people who arrive after July 16, 2019 and who have not tried to obtain asylum in a third country, there 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 in their home countries, though they are both inferior in terms of benefits when compared to asylum. Also, the evidentiary burden for WOR and CAT is higher than the burden to obtain asylum. Nevertheless, WOR and CAT are forms of protection that remain available to asylum seekers, even those who are blocked by the new regulation.

The second exception to Asylum Ban 2.0 applies to victims of human trafficking. The regulation defines trafficking victim as follows–

Severe form of trafficking in persons means sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act is under the age of 18 years; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery

This is pretty broad and pretty vague. People who have been subject to sexual abuse or forced labor might meet this exception. Also, unlike the first requirement about seeking asylum in a third country, the regulation does not require that the trafficking took place “en route to the United States.” Potentially then, if you were ever a victim of human trafficking, you might qualify for this exception to the asylum ban.

Asylum Ban 2.0 will undoubtedly make it more difficult for certain people to obtain protection in the United States. That is the whole point. But I have my doubts about whether the new rule will accomplish what the Trump Administration hopes to accomplish, which is to deter people from coming here to seek asylum. The new regulation does not block people from WOR or CAT, and so when they arrive at the border and ask for protection, they will still be accorded a credible or reasonable fear interview (which is an initial evaluation of eligibility for asylum, WOR, and CAT). While it may now be more difficult to “pass” such an interview, the difference in the burden of proof between asylum and the burden for WOR or CAT is fuzzy, and it seems to me that aliens who would have passed for purposes of asylum may very well also pass for purposes of WOR and CAT. Thus, asylum seekers will still be entering the system, and so the deterrent effect of the new rule will probably be less than what the Administration wants. Further, I just don’t believe that people will be deterred from coming here by the Administration raising the bar a few notches. Look what is happening in the Mediterranean: Every year, thousands of migrants are killed trying to get to Europe, yet still they come. If people are not deterred by the real possibility of dying, it seems doubtful that they will be deterred by a higher legal hurdle.

In the end, I doubt that this new regulation will do much to alleviate the problem at the border or the backlogs in the Asylum and Immigration Court systems. However, it will hurt asylum seekers–by making it more difficult for them to get the protection they need and by encouraging those who arrive at the border to circumvent legal points of entry. The new regulation will also further erode morale among Asylum Officers and Immigration Judges, who simply want to follow the law. And finally, the new rule further degrades our country’s role as a beacon of hope and freedom for persecuted people throughout the world.

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President Trump’s Attack on Ilhan Omar Is an Attack on All Naturalized Citizens

by Jason Dzubow

This is a guest post by Katharine Clark, Managing Attorney for Immigration at the Silver Spring, MD office of Ayuda. She has previously worked on citizenship and nationality issues at the U.S. Department of Justice. The views and opinions expressed herein are solely those of the author, and not necessarily those of any organization, employer, or agency.

On July 14, President Trump tweeted that four members of the House of Representatives – known as “The Squad” – should “go back” to “the crime-infested places from which they came.” The tweet targeted three representatives who were born in the United States, and one naturalized citizen, Rep. Ilhan Omar.

Given Omar’s naturalized status, it’s no accident that Trump and his supporters have settled on her as the long-term focus of their racist ire, chanting “Send her back!” at subsequent rallies beginning on July 17, in reference to Omar alone.

Katharine Clark

Much ink has already, rightly, been spilled about how Trump’s tweets and the crowd’s chants were racist, Islamophobic, detrimental to national rhetoric, and offensive to refugees and naturalized citizens. For example, the LA Times in July focused on how the racialized aspects of Trump’s immigration policies, including his denaturalization task force, are likely to suppress political opposition because these efforts are disproportionately concentrated in jurisdictions where naturalized citizens tend to vote Democratic. Jelani Cobb in the New Yorker explored how Trump’s rhetoric aligns with past efforts in the U.S. to make citizenship provisional for non-whites, U.S.-born and naturalized alike.

These are important points, but I believe there is another, more specific legal action that Trump may be proposing in his ongoing comments about Rep. Omar. He is not just using his tweets to energize his base in advance of the 2020 election. More particularly, I believe Trump and his followers are calling for Rep. Omar to be denaturalized and removed to Somalia.

The Legal Context of “Send Her Back”:

There are two ways to lose United States citizenship. Any U.S. citizen, born in this country or naturalized, can voluntarily renounce citizenship under 8 U.S.C. § 1481. However, renunciation requires a citizen to follow strict procedures for abandonment (it is also possible to lose citizenship after a conviction for treason or a similar criminal offense).

Unlike renunciation, which is initiated by the citizen, denaturalization is a civil action initiated by the federal government under 8 U.S.C. § 1451. To denaturalize a citizen against his or her wishes, a federal court must find that the citizen’s naturalization was illegally procured or procured by willful misrepresentation of material fact.

If a person willfully misrepresents a material fact on a naturalization application, or on the application for a green card that preceded the naturalization application as required under 8 U.S.C. § 1421(c), that misrepresentation can provide a basis for denaturalization many years later. Not only that, the consequences can pass from generation to generation. Under 8 U.S.C. § 1451(d), children who naturalized through their parents can be denaturalized if their parents are found to have procured their naturalization through willful misrepresentation of a material fact.

History of Denaturalization:

Historically, denaturalization actions have been extraordinarily rare. These cases were primarily instituted against war criminals, such as Nazi concentration camp guards, who hid their crimes when they applied for green cards or citizenship. The New York Times reported that from 2004 to 2016, the Justice Department initiated only 46 denaturalization cases.

Denaturalization cases are not only rare, but also difficult for the government to win. This is true by deliberate judicial design. In denaturalization cases, courts hold the government to a very high burden of proof and do not afford great deference to lower court findings of fact on appellate review. Baumgartner v. United States, 322 U.S. 665 (1944); United States v. Zajanckauskas, 441 F.3d 32, n.5 (1st Cir. 2006). As the Supreme Court explained, “rights once conferred should not be lightly revoked,” particularly where the right in question is as “precious” as citizenship. Schneiderman v. United States, 320 U.S. 118, 125 (1943).

Ultimately, then, denaturalization has long been reserved for people who told serious lies, often about their crimes against humanity, in order to become citizens. In other situations, citizenship has been treated as a settled question once naturalization occurs.

Denaturalization Task Force:

This trend began to shift in 2018, when the Trump administration created a denaturalization task force within United States Citizenship and Immigration Services, to review the A-files of naturalized citizens for previous fraud. In the first few months of its existence, the LA Times reports, the task force referred at least 100 cases to the Justice Department for initiation of a civil action.

In some ways, the administration’s focus on denaturalization is simply one small part of the United States’ long history of failing to respect citizenship rights. This history includes laws denying birthright citizenship to Americans of Chinese descent, and forced “repatriation” of US citizens of Mexican descent during the Great Depression.

However, Trump’s threat to Rep. Omar is also uniquely insidious. If Trump is, indeed, calling for Rep. Omar’s denaturalization, we are witnessing the chief executive of our nation, calling for the denaturalization of a duly elected representative on account of her race, religion, and political opinion. This is, to my knowledge, unprecedented.

Trump’s history of policy-making by tweet demonstrates why this threat is so serious and sinister. In this context, Trump’s tweet can be seen as a directive to the U.S. Attorney for the District of Minnesota, to USCIS, and to the Office of Immigration Litigation, to investigate and prosecute Rep. Omar for denaturalization. Ken Cuccinelli’s new role at the helm of USCIS does nothing to reassure me, given his 2008 attempt to repeal birthright citizenship while serving in the Virginia legislature, by calling for a Constitutional convention.

Ilhan Omar:

One’s opinion of Rep. Omar’s politics simply do not matter here. I have never seen her immigration file and I am not her attorney, so I have no specific insight into her case.

What is clear from press reports about her naturalization is that, if there were any problems with her immigration or naturalization, they would have occurred before she was old enough to play any meaningful part in the process. Media reports all indicate that Rep. Omar was born in 1982 in Mogadishu, came to the U.S. in 1992, received asylum in 1995, and naturalized in 2000 as a 17-year-old child.

This means that Trump is explicitly threatening, and implicitly assigning his task force to investigate, the possibility of bringing an extraordinarily rare denaturalization action, historically reserved for war criminals, against a political opponent based on immigration applications filed when she was a child.

If the Administration today threatens to denaturalize duly elected representatives, who have the protections of visibility, it will not only make all naturalized citizens provisional, and second-class under the law. It will also demonstrate the Administration’s full intention to use citizenship – by birth and naturalization alike – as a weapon of political war. If this does not make us concerned for the very foundations of our democracy, then we are not paying attention.

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Asylum for People With Serious Medical Conditions

by Jason Dzubow

In the latest outrageous move against non-citizens, the Trump Administration seems to be eliminating a long-standing program that allows people with serious medical conditions and their caregivers to remain in the United States beyond the normal period of stay. The change means that children and adults with cancer, leukemia, AIDS, and other serious health problems could be deported to their deaths.

The program on the chopping block is known as deferred action. It is basically a form of prosecutorial discretion. The government simply chooses not to initiate deportation proceedings against a person who is in the U.S. without status. In some cases, the person may receive permission to work. A person could receive deferred action for different reasons, but for the cases at issue here, the non-citizens were permitted to remain in the U.S. due to serious–and often life-threatening–health problems. Here is a statement from USCIS, as conveyed to the American Immigration Lawyers Association–

USCIS field offices will no longer consider non-military requests for deferred action, to instead focus agency resources on faithfully administering our nation’s lawful immigration system. This redirection of agency resources does not affect DACA or other deferred action requests processed at USCIS service centers under other policies, regulations, or court orders (such as VAWA deferred action and deferred action related to the U nonimmigrant status waiting list). As deferred action is a type of prosecutorial discretion used to delay removal from the United States, USCIS will generally defer to the DHS component agency responsible for removing individuals from the United States – U.S. Immigration and Customs Enforcement (ICE) – to make most non-DACA, non-military deferred action determinations.

USCIS confirmed that this change became effective on August 7, 2019, and that no public notice about the change was issued. The public is being informed about the change on an individual, case by case basis.

The Trump Administration has also announced a plan to turn excess children into a nutritious snack.

This basically means that medial patients and their caregivers who applied for deferred action may now be denied. The denial letters that I have seen in the press indicate that applicants have 33 days to leave the United States or face removal proceedings. The letters do not indicate how these medical patients can apply to ICE for deferred action, and at this stage, it is unclear whether ICE is even accepting such applications.

You can imagine how these denials would affect sick people (many of whom are children) who suddenly learn that they have to leave the U.S. and quite possibly lose their medical treatment. Here is a statement from Jonathan Sanchez, who has cystic fibrosis and whose sister earlier died from the same disease:

“If they deny the program, then I need to go back to my country [Honduras], and I’ll probably die because in my country, there’s no treatment for CF [cystic fibrosis],” Sanchez said, crying and trying to catch his breath. “Doctors don’t even know what’s the disease. The only ones who can help me are here in the United States.”

Even if he is ultimately allowed to remain here for treatment, the idea that this boy has been threatened with deportation at a time when he is fighting for his life is a true horror. From my point of view, the fact that we are even having this conversation is extraordinarily repulsive. That our country would mistreat people–especially children–in this manner is a black stain on our nation (one of many, unfortunately). All that said, the question I want to address here is, Can these medical patients (and their family members/caregivers) make a viable claim for asylum, so that they can try to remain in the country?

First, to receive asylum, you need to demonstrate that you filed for asylum within one year of arriving in the United States. There are exceptions to this rule, and if you have (or had) deferred action, you may meet such an exception (the “extraordinary circumstances” exception). However, once deferred action ends, you must file within a “reasonable” period of time; otherwise the asylum application will be considered untimely filed, and it will be denied. What is a reasonable period of time? There is no set definition, and I have seen cases indicating that two or three months is reasonable, but six months is not reasonable. So the bottom line is, if your deferred action ends and you want to request asylum, you should file your application as soon as possible.

Second, in some deferred action cases, more than one family member is in the United States (for example, a sick child and a caregiver parent). Certain family members can file for asylum together, and so it is worth considering which family member, if any, has a viable asylum case. An adult asylum applicant can include a spouse and any minor, unmarried children in her asylum case. A child who is over 21, or who is married, cannot be included in a parent’s asylum application. An unmarried couple would each have to file their own application for asylum. A child with his own asylum case cannot include a parent in that case (though sometimes when a child faces persecution, the parent can articulate her own, independent claim – an example might be where the child faces FGM or female genital mutilation, and the parent faces harm for trying to protect the child). So you have to think about who in the family might have a claim for asylum, and whether all family members could be included in that application.

Third, if a person was persecuted in the past–even the distant past–based on race, religion, nationality, political opinion or particular social group, he may be eligible for “humanitarian” asylum or “other serious harm” asylum. Humanitarian asylum is available to people who have faced severe persecution in the past. Even if the country is now safe, we allow the person to remain in the United States rather than force him to go back to a place where he faced terrible harm. I once did such a case for a Rwandan woman whose family was massacred during the genocide, when she was only 11 years old. The Immigration Judge found that the harm she suffered qualified her for humanitarian asylum, even if it would be safe for her in Rwanda today. Other serious harm asylum is for people who suffered persecution in the past based on their race, religion, nationality, political opinion or particular social group. If such a person would face any other serious harm today, even if that harm is not on account of a protected ground, she can qualify for asylum. So for example, if a woman was subject to FGM as a child (FGM is persecution on account of a particular social group) and today, she faces harm due to a lack of medical treatment for cancer, she might qualify for “other serious harm” asylum.

Finally, what if there is no basis for asylum other than the medical condition itself? Such cases are often difficult, since there needs to be a “persecutor” – someone who wants to harm the asylum applicant. Poor hospital conditions or lack of medical care–without more–would not normally qualify for asylum protection. But sometimes, people with medical conditions face discrimination that rises to the level of persecution. For instance, we once obtained protection for a Mexican man who was HIV positive. We argued that discrimination in Mexico was so severe that his life would be at risk there. For people from countries where law and order has broken down, one argument might be that people with medical conditions will be targeted by criminals or member of society due to their particular vulnerabilities. Central American countries with rampant gang issues may be places where vulnerable people are specifically targeted by gang members, and maybe that could form the basis for an asylum claim. Other medical conditions, such as albinism, are so stigmatized in certain societies that people with those conditions face harm or death. The key to cases like these often involves obtaining country condition information that demonstrates the danger faced by people with medical conditions. Specific examples of people who were harmed can also help. For example, we did a case where a Turkish man faced imprisonment for political reasons. The man had leukemia, and so we argued that even a short imprisonment would be life threatening. We supported our claim with newspaper articles about people who died in prison due to health problems. These articles demonstrated that the harm faced, at least for this specific person, was severe enough to qualify him for asylum.

The status of deferred action cases is still unclear. Will ICE announce a procedure for people with serious medical conditions to apply for deferred removal? Will USCIS respond to the backlash and re-institute the program? It now appears that cases filed before August 7, 2019, which were denied, are now being reopened, but the fate of the program going forward seems uncertain (at best). For those affected, it is important to start thinking about alternatives. One such option may be asylum; other options may exist as well, depending on the case. Talk to a lawyer, and if you cannot afford a lawyer, remember that free or low-cost help is available. Unfortunately, this new change affects the most vulnerable, and it is easy to lose hope. But there are many people who want to help, and the sooner you take action, the more likely you are to find an alternative way to remain in the United States.

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