On Luck

For years, practitioners and academics have complained about inconsistent decisions at the Asylum Offices and the Immigration Courts, and there’s plenty of data to back up this concern. Recently, two sets of cases in my office brought this problem home, and illustrated how luck impacts who receives protection in the U.S. and who does not.

The first set of cases involves two siblings whose uncle was a well-known member of the political opposition. As a result of the uncle’s activities in the early 2000’s, his siblings–including my clients’ father–were all arrested and held in jail for years. Thus, for a good portion of their childhood, my clients grew up without their father. After he was released, the father resumed his life and his children (my clients) eventually came to the United States to study. While they were here, the father was re-arrested for seemingly pretextual reasons. Fearing for their own safety, the siblings filed for asylum. Both cases were referred to Immigration Court, and the siblings hired me for their cases. As far as I could tell, the cases were exactly the same. Neither sibling had engaged in political activity; both cases were based on the relationship with their high-profile uncle and the home government’s persecution of the entire family. Also, we submitted the same evidence in each case and both applicants were found credible. The only difference between the two cases is that the siblings had different Immigration Judges. The first case was before a judge with a 62% denial rate and the second case was before a judge with a 91% denial rate (according to TRAC Immigration). We won the first case and DHS did not appeal,. So in a sense, the second case was different in that one sibling had already been granted asylum. Unfortunately, that was not enough. DHS opposed asylum in the second case (even though they had not appealed the grant in the first case) and the IJ denied relief. The case is currently on appeal.

Sometimes, it may make sense to try to change venue.

The second set of cases involves members of a religious minority who faced persecution by their government and by extremists in their country. These cases were before the Asylum Office. The lead applicants were all related, either as siblings or in-laws, they were members of the same congregation back home, and they faced mostly the same persecution. Also, we submitted similar evidence in each case and all the applicants were deemed credible. Out of four cases in 2019 and 2020, we received three grants and one denial. The main difference between the four lead applicants was that the person who was denied had the strongest case due to past imprisonment in his country. Also, the denied case was the most recent decision, and so we had informed the Asylum Office that other family members were granted asylum on basically the same facts. In the denied case, the Asylum Office found that the applicant suffered past persecution, but found that country conditions had changed, such that the situation was now safe. It seems odd that the Asylum Office would find changed country conditions in one case, but not the others. The referred case is now before an Immigration Court.

So here we have two situations where the applicants presented nearly identical cases, but received different results. Why did this happen? As far as I can tell, the reason is luck: Some adjudicators are more likely to grant asylum than others, and this gives us inconsistent results. Also, some adjudicators seem to be inconsistent from one case to the next, in that their mood at a given moment may influence their decision. And so, the outcome of a case is dependent–at least in part–on the luck of the draw.

This is obviously not a good thing. While I agree with former Chief Immigration Judge MaryBeth Keller that we “don’t want decisions on asylum made according to mathematical formulas as if by computers,” I do think disparities are a serious problem, which should be addressed at the policy level. But what can individuals do about the problem of luck in asylum cases?

In thinking about this question, I am reminded of Reinhold Niebuhr’s Serenity Prayer–

G-d, grant me the serenity to accept the things I cannot change,
Courage to change the things I can,
And wisdom to know the difference.

But how do we know what we can change? Some things are obvious: We can gather the evidence needed for a case, make an appropriate legal argument, try to weed out inconsistencies, prepare testimony beforehand, dress appropriately for court, etc. For those who can afford it, having a competent attorney can make a big difference. For those who cannot afford legal help, securing pro bono (free) assistance is important (though finding pro bono help is often not easy).

Some things are harder to control. For Immigration Court, it is possible to get an idea about the asylum grant rate for your particular judge (for newer judges, data may not be available). If you find your judge has a particularly high denial rate, you might consider moving to a new jurisdiction in order to change venue to a different court, where you will hopefully get a better judge. I rarely recommend this option to my clients, as moving is largely a crap shoot–the IJ may refuse to transfer the case, you may end up with a worse judge despite the move (and a judge who may be “bad” for most applicants might be “good” for certain types of cases), and you may substantially delay the case. Also, of course, moving to a new state is disruptive and expensive. Despite all this, if you have a particularly difficult judge, it may make sense to try to move the case.

Forum shopping is even less useful for cases at the Asylum Office. While there is some data about the overall grant rates for the different offices, there is no information available about the individual Asylum Officers. Even if such data existed, it would be of little value, since you won’t know who your Officer is until the day of the interview, when it is too late to switch. While it is possible to move to a jurisdiction with an “easier” Asylum Office, given all the variables, this often makes little sense. On the other hand, if you have the flexibility to live anywhere, why not live somewhere with a good Asylum Office?

For the most part, then, you are stuck with your adjudicator, but you have a fair bit of control over the case you present. In my experience, it is more productive to focus on the case itself, rather than worry about who will decide that case. In the end, the absence of control is a fact of life for asylum seekers and for us all. Perhaps a quote from another of my favorite theologian–Saint Augustine–provides an appropriate conclusion here: Pray as though everything depends on G-d. Work as though everything depends on you. At least in this way, you cover all your bases.

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87 comments

  1. Hello Jason,

    My asylum case in Arlington was referred to Court and I had my master calendar hearing last year. my individual hearing is with judge McCloskey, Paul A.
    According to TRAC statistics, the judge had 241 cases and has a denial rate of 91.3%.
    I am Syrian and I already went through 2 asylum interviews, I am exhausted to go over all these steps and after 6 years in the US there is still no guarantee to get the protection status here. What do you recommend for my case since you may know the judge and you have huge experience with Syrian cases in Arlington office?
    Thank you in advance,
    Basel

    Reply
    • Judge McCloskey has a very high denial rate. I have had only one case with him (which he denied). He was professional and courteous, and to be fair, my case was not the strongest, and so the denial was not a great surprise. That said, he has a reputation for denying most cases (and the TRAC data supports this). My sense is that you will have to present a very strong case to have a chance with him, including evidence about why you cannot live anywhere in Syria (government or rebel-held territory). While this may seem obvious, I would get evidence about it anyway. Also, you should be prepared to show that you never gave any material support to terrorists (for example, you never paid money at a rebel controlled checkpoint). Some people move to a new state to try to get a better judges. While you could try that, I do not know whether he would allow you to move the case – it will depend in part on how soon your Individual Hearing date is. Overall, I think your best bet is to prepare the strongest case you can and address any weak points in the case. A lawyer should be able to help with this. Take care, Jason

      Reply
  2. Hello Jeson,

    I have applied for asylum and my case is pending. Now, my wife who is in USA too, wants to apply for asylum as well. I have already put her name on my asylum application. But she insists to apply for herself. So, if she applies, does it hurt my case or her case? or any another problem for us?

    Than you very much.

    Reply
    • She can do her own case, and – as long as everything is consistent with your case – it should have no effect on your case. However, if she is a dependent on your case (meaning, she signed page 9 of the I-589 and she received a fingerprint appointment), the procedure for her to file is different. She has to file at the local office where your case is pending, not at the service center (where a case is normally first filed). Check the I-589 instructions about that. Take care, Jason

      Reply
  3. Hi all,

    Is there anyone who has received an interview date in Boston recently? I have been waiting since 2014. If anyone has interviewed in Boston can you please share your timeline?

    Thanks!

    Reply
  4. Hi Jason,
    Do you have client had fingerprint done in mid February 2020 but still haven’t got the interview scheduled filing to Chicago center? I know there are people been waiting for interview for years but I thought nowadays they work on newly filed cases too ? At least for Chicago center ?
    Thanks

    Reply
    • I have not had an interview in Chicago in some months (though we just filed a case there yesterday). In general, they have been pretty fast, but things change all the time, and so I am not sure today. In any event, even if you had fingerprints in mid-February, I think it is still a bit soon to get the interview. It may take another few weeks (unless of course, things are delayed or priorities have shifted). Take care, Jason

      Reply
  5. Dear Jasón how does one contact uscis when your green card application is pending or even to try to expedite, who do you send a letter to and where ? At least I knew from what you said that with asylum you could contact the asylum offices that have the cSs but now I have no idea which office has my case for ajusdment or status or anything like that ? Do you have any idea .tjanks u

    Reply
    • You can call them at 800-375-5283. I also wrote a post about expediting before USCIS on January 29, 2020. Maybe that would help. Take care, Jason

      Reply
  6. Hi Jason!

    It’s been a while since I checked in…
    I am thinking about scheduling a meeting with our lawyer as the individual hearing date is coming up in 6 months. The lawyer supposed to have all documents that was submitted on master calendar hearing from case transferred from asylum office to court, but I found at least 50 new articles, my country became worse for lgbt people as the government is getting more and more hostile. I sent him all these articles, printed out some. We keep seeing a therapist for mental support for PTSD and case related psychological issues. I would get support letters from providers and organizations we participate in.

    Question is: when is a good idea to follow up with lawyer on material and start preparations?
    He’s very busy according to him so doesn’t really answer my emails frequently.
    I don’t want to be pushy but I want an idea when is a good time to meet him.

    Reply
    • Also my spouse became an EMT last year and working for an EMS:paramedic company for the elderly, I’m studying science for nursing at local community college (paying out of pocket no fafsa or any government help) 4.0 gpa and am a member of honor society. Could we include those too? That we’re productive members of society even in the meantime.

      Reply
      • I don’t think it hurts to add the documents. I submitted my transcript with a GPA of 3.9 along with my asylum files. I don’t know if it helped me in any way but I got my asylum approved even without having a lawyer. I think it shows that you are a serious person. We are all humans and these may somehow have a slight impact on how the judge looks at you as a person. That’s just my opinion from my experience (at one point during my interview the interviewer said I was very smart, she must have seen my results haha)…..Good luck and let me know if you need more info.

        Reply
        • Hi Asylee!

          Thank you for your input! Congratulations on your win! We are waiting since 2015, it’s been a long journey, I am not even nervous anymore, just want to get through it. We were stagnating for years (put a pause on life because of being in limbo) but then we realized life just won’t stop here and asylum is something totally out of the person’s control. Mental health counseling helped a lot so we were able to move forward and live life as we were already approved. I love school and studying, in my home country I was bullied a lot and my academic performance was terrible because of that but it’s awesome to see that here we are accepted and we can use our talents and knowledge to the fullest. Although my college requires granted asylum for my program but they let me take the common core classes while I wait.
          Take care!

          Reply
      • I like to include evidence like this – it shows good moral character and it can also make a positive impression on the decision-maker. Take care, Jason

        Reply
    • Five or 6 months out is a good time to check in, and see if there is anything else you need. One point – at least for me, I do not like to submit large numbers of articles that support the same point. You may be better off with a few strong articles or human rights reports, but that is up to you and your lawyer. Take care, Jason

      Reply
      • Thank you Jason!

        I will check in with him again to see if he can meet up this month.

        Some articles are similar but not the same, news reports from NYT and The Guardian, etc.

        There is a new report on how humans rights organizations are suppressed in my home country. Huge censorship over these things.

        All in all, I just want to compare what the lawyer found and what I have and what are the best to pick out for submission.

        I will do that!

        Have a great rest of your week!

        Reply
  7. Hi jason, good evening.
    Thank you for endless support on all our questions.

    I have a question about 1 year continuous physical presence for green card application.

    1. How many documents do i have to submit to prove 1 year continuous stay. Is one document enough?
    Example : PGE bill

    2. Does this documents work:
    – Car lease monthly bill
    – PGE bill
    – Paystub from work
    – Xfinity internet monthly bill

    3. Should i only submit one of above or 2 from different category?

    Thank you.

    Reply
    • Unless the person has left the US, we do not usually submit any documents. But if you have left the US, it is a good idea to have evidence for your total physical presence in the US. This can be your passport and plane tickets, letter from an employer or school, or letters from people who know about your travel. My sense is that the items you list do not really demonstrate that you have been in the US, as you can have bills whether you are here or not. Take care, Jason

      Reply
      • They track your I-94

        Reply
      • So then , people don’t submit anything at all ? Not even the apartment lease. ? How do they prove this then

        Reply
        • USCIS normally does not ask for evidence. However, if you have been outside the country, it is a good idea to submit evidence. If you have been here the whole time, and USCIS decides they need evidence about that, you can submit work or school records, taxes, copy of passport, letters from people who know you, etc. Take care, Jason

          Reply
      • Jason, thanks for your response, i have not travelled anywhere does this mean i dont have to send any document to prove my 1 year presence? Not even my paystub etc?

        My wife has not been working for a while so she only has a PGE recurring bill on her name paid monthly.

        Please help suggest on this.

        Reply
        • I think you do not need to submit evidence if you did not travel. At least we never do that and it has not (yet) been an issue. Take care, Jason

          Reply
  8. Hello Jason!
    Thanks for your help as always!

    It’s time to renew my EAD. I have a lawyer on file and usually he did renewal last 2 times. However I think I can file for renewal by myself this time. Do you know if I can do that by myself even though I have lawyer on file? If they gonna ship EAD to me or to lawyer?

    Thanks!

    Reply
    • You can do it yourself. There is a new question on the form about arrests, so be aware about that (maybe it was there when you last renewed – I forget when they added it). The will send the card to the address you give them. Take care, Jason

      Reply
  9. Dear jason

    I have a quick question-

    I have my green card based on asylum so my green card issued at 07/21/2015 what are the wait time-!

    Some says you need to wait four years and some says its four years and nine month?

    When can i apply for citizenship and what are the associated fee with it?

    Thanks
    Zafar

    Reply
    • You have to look at the date printed on the Green Card (which is one year before you actually received the card). If that date is July 21, 2015, you can apply for citizenship on July 21, 2020. However, you are allowed to mail the citizenship application (form N-400) up to 90 days early, which would be about the end of April 2020. Take care, Jason

      Reply
  10. Dear all,

    I have finally received an interview notice for March 16th and wanted to share this good news with y’all.
    I have applied on July 2018 office of Chicago.

    Has anyone here interviewed in the Chicago asylum office ? if yes, could you please share your experience both in terms of asylum officers there and waiting time for decision after the interview ?

    Thank you all

    Reply
    • Dear Bob,

      First congratulations and best of luck for your interview.

      Did you expedite your case ?

      Reply
      • Thank you. No i did not expedite

        Reply
    • That is good news. In my experience, the Chicago office is pretty good. I did a blog post on September 8, 2016 about the interview – maybe that would help. Good luck, Jason

      Reply
      • @Asylee Thank you No I did not expedite
        @Jason Thank you Jason.

        Reply
  11. Dear Jason:

    If you are aware of peace agreement in Afghanistan, and it is almost signed. What will happen to pending asylum cases in here ? I am very happy that peace comes to our country but what is the guarantee that we all will be safe there ?

    2: will be there any changes in approval rate in case of county change condition?

    Reply
    • The Taliban and other extremists are still very active and harming people who cooperate with the US. We will see how (and if) country conditions change over time. Of course, if the situation becomes stable and safe, it will be more difficult to win asylum from Afghanistan. We hope that happens, but the last 20 or 30 years of history do not make me optimistic. Take care, Jason

      Reply
  12. Hi, I submitted my I589 application to the Vermont Service Center on February 12, 2020. In the instructions for form I589, it is written that if they do not send back the application within 30 days, my application is received. I have not received anything so far. If I did not receive anything after 30 days, what should I do??? Can I resend the application?!

    Reply
    • We are seeing longer delays for receipts these days – I wrote about that on November 20, 2019. The regulations do state that if USCIS does not return the I-589 within 30 days, it must be accepted. However, I have been hearing about examples of this where USCIS takes more than 30 days to reject an application, but they are rejecting it anyway, in violation of the regulations. I have also heard murmurings about a lawsuit on this basis, but I do not know whether anyone has yet filed such a case. Take care, Jason

      Reply
  13. Hello Dear Jason,

    I have a question about asylum eligibility in US. My question is that: if I prove that I was persecuted in the past on one of 5 eligible asylum basis but now my home country”s conditions has changed, will I be still qualified to be granted asylum on persecution in the past Or my home current country condition would make ineligible as it is good now .because I heard that if someone has been persecuted in the past he or she will be granted asylum based on his persecution in the past if proven and that is regardless of his or her current home country conditions. it would be appreciated if you give me legal expert advice on this issue.

    Reply
    • If you prove past persecution, there is a “rebuttable presumption” that you have a well-founded fear of persecution in the future. However, if the evidence indicates that country conditions have changed so that it is now safe for you to return, asylum will be denied. That is the second example in the article above. There is something called “humanitarian asylum” (I wrote a bit about that on November 21, 2011), which basically says if the persecution was so severe, we will give you asylum even if country conditions are now safe. I once did a case like that involving a woman from Rwanda whose family was murdered in front of her. Even if Rwanda is now safe for her, we do not send her back because the harm she suffered there was too severe. Take care, Jason

      Reply
  14. Hi Jason-

    I have been following your blog for sometime now. Thanks for the information that you provide for us!

    Quick question- I just got my visa to come.to.the USA and would like to claim asylum. Is it wise to claim asylum at the port of entry–airport or after I have stayed for some weeks in the USA. Which process is more safe and quicker. I’m fleeing persecution from Malawi.

    Thanks

    Reply
    • If you claim asylum at the airport, you will likely be detained, and you will have to do your asylum case in front of a judge, and probably from a jail cell. It is safer to enter the US and then file “affirmatively” for asylum. You may need to explain why you did not inform the US government earlier of your intention to apply for asylum, but this is usually a lot better than being detained at the airport. Take care, Jason

      Reply
      • Thank you so much, Jason.
        I would want for you to be attorney- will contact you.
        Thanks a lot!

        Reply
  15. Hi Jason. I received e mails by National Visa Center on Feb 14 regarding Approval of cases of i730 of my Family members. Letter showed to be prepare for interview and ready documents at my home country us embassy in islamabad Pakistan. My questions are: 1. For interview they NVC/ Embassy will write letter/ e mail to Me or my Family members? 2 How much time we wait to wait for interview letter?

    Reply
    • I think it will depend on whose contact info they have. If they have your email, they should contact you. But you should also provided email and a mailing address for the family, if possible. I did a post about I-730 forms in December 2019, and that post has a helpful link that explains the process, but different consulates have different procedures, and they should contact you (the petitioner) to give you instructions. As for the wait time, it varies dramatically by consulate. My guess is that most cases take at least 6 months, and sometimes, it can take 18 months or more. Take care, Jason

      Reply
    • Dear Kamran,
      Would you kindly write me you I-730 timeline and which office you applied from ?
      Best,

      Reply
    • Dear Karma
      Can you please share i730 timelime and which office did you apply?
      Your answer will be help to a lot
      Thanks

      Reply
  16. Hi Jason ,

    I have a very specific question regarding the current Corona Virus outbreak , incase of an asylee get stuck in a quarantined area and Government was to issue an order to evacuate US citizens, what happens to an Asylee with no GC in this case , would he/she get evacuated as well or will be left behind Corony STATELESS !!

    Thank you!

    Reply
    • I do not know, but I assume if the US is evacuating its people, we would take GC holders and asylees, so I imagine you will be ok. Take care, Jason

      Reply
      • Very good question @quarantined asylee.
        Jason, what if a person with pending asylum falls in this category?
        I am just curious.

        Reply
        • I think the US government would protect and help you, but these days, I would not count on anything. Best to keep washing those hands and avoid having to ever put this to the test. Take care, Jason

          Reply
          • Apt!

  17. Very thought provoking post – thank you. I hope down the road you can post a follow-up on the denied sibling.

    Reply
    • He may be getting married to a US citizen, which would make things easier – it is not easy to win at the BIA. Take care, Jason

      Reply
  18. Hi Jason,

    I had my asylum interview 15 months ago. I sent an inquiry to Chicago Asylum Office and all they told me is my case is pending which I knew anyways. Should I be concerned? Would it help if I hired a lawyer at this point?

    Reply
    • Such delays are not that uncommon, especially for men from Muslim countries. You might try the USCIS Ombudsman – a link is at right and they sometimes help with delayed cases. You could also try your Congress person. You might also consider a mandamus lawsuit – we wrote about that on October 2, 2018. I do not know that a lawyer would make much difference at this stage, unless maybe you want to do the mandamus. Take care, Jason

      Reply
    • Ya Ali, Muslims will wait 10 years and above! I made 2 interviews, 6 years pending, I know ppl 10 years pending and later a denial!!! U have a longg journey

      Reply
  19. Hi, Jason, I think you are absolutely right about luck. I applied for asylum almost 3 years ago and I’m still waiting for an interview, but I know at least 4 people who applied after me in 2018-2019, got approved, now they are applying for green card and are building their lives, while we, backloggers, will keep waiting for an interview God knows how many more years.

    I was checking processing times for i-765 forms today, and some service centers now show longer processing times than they were a couple days before. Is that a usual situation?

    Reply
    • It is normal for different offices to have different processing times. As for the interview, you may want to try to expedite that – I wrote about expediting on March 30, 2017. Take care, Jason

      Reply
      • Hi, Jason,

        I meant to ask that 2 weeks ago Nebraska was showing 2.5-4.5 months as processing times for ead and receipt date for inquiry was October, now the same service center shows 3.5-5.5 months and inquiry date is September. So they went back in dates on the website, I didn’t know they can do it.

        Has anyone here received ead renewal from Nebraska Service Center? Please share how long was the process. Thank you.

        Reply
        • I do not know why – I assume it is because they are moving work around between offices, and that office has become slower. Take care, Jason

          Reply
        • Sent renewal application in Oct 2019 to Houston office which was forwarded to Nabaraska. Just received renewed ead yesterday.. means it took around 4 – 5 months. never mind coz if you take the receiving to the dps for driving license renewal they would renew your driving license for 1 year after the safe check. May i ask when did you apply i589? was that in houston?

          Thanks.

          Reply
          • Hi, Hope, thank you very much for sharing your timeline. I hope mine will also come this quick, I was really scared after I saw processing times for Nebraska on the website. My driving license will expire the same day as my Ead, March 2020, I tried to show an extension letter at the DMV, but they didn’t accept it.

            I applied for asylum in 2017 New York, still waiting for an interview. The backlog for this office is really big, so I guess no interview for me soon(

          • You may want to talk to a supervisor at the DMV if possible – you should be able to extend your license with the receipt alone, since that automatically extends your old EAD buy 180 days. Often times, it seems the people at the different DMVs are not very aware of the immigration law. Take care, Jason

    • It’s so hard bro, same here , but u can build ur life here, with ur work permit, and in these days work permits will take up to 7 months for renewal don’t worry, my friend got approved after 1 month from entering the USA, me 6 years and pending, she applied after 5 days of entering, got interviewed after 10 days , got approved after 25 days

      Reply
  20. Hello Jason,you are absolutely correct. Luck really counts.My cousin and I are here in San Francisco. We suffered persecution back on our home country in Africa. He filed on April 15th 2019.I filed on May 2nd 2020.He received his interview notice 2 weeks ago and was granted Asylum today. I have not received any interview notice.He is lucky and I am not. Here with a few questions for you please;
    =>I just changed my apartment and moved to a new apartment, do you think I should change my address with USCIS?If I do,will they schedule my interview appointment if they are updating their system?
    =>If I get into the backlog and my EAD expires,How soon can I get a new one ?
    =>If I move my case to say Arizona,will I get an interview date quick?
    Thanks Jason

    Reply
    • 1 – You definitely should change your address; otherwise, you may not receive the interview notice. Use form AR-11, available at http://www.uscis.gov. Changing the address does not seem to have any impact on when the interview is scheduled, at least as far as I can tell. 2 – You can file to renew the EAD up to 180 days before the old card expires. 3 – Maybe – if you change asylum offices, you will be on the schedule for the new office, but since scheduling is so unpredictable, there is no way to know whether the case will go faster or slower. If you want, you can try to expedite the case. I wrote about that on March 30, 2017. Take care, Jason

      Reply
  21. Seems to me that the disparity is more an issue about lenient judges granting questionable cases versus strict judges turning down legitimate cases.

    Reply
    • I think it is both – we see very strong cases that are denied (rarely, fortunately) and we see weak cases that are granted. Winning a case is largely based on the case itself and the preparation, but luck plays a role. I guess that is just life. Take care, Jason

      Reply
    • What drives this questionable assumption?

      Reply
    • James – it sounds like you are saying that a judge with a 62% denial rate is lenient. If so, I guess we have different ideas of what lenient means.

      Reply
  22. Dear Jason,
    I and my husband got a job opportunity. But the problem is that the job in a state that does not follow the asylum office we had our interview in. Is it okay if we go to another state, knowingly, we will keep our address which is the house we rent
    in the state where we had the interview? Also, I have a son who should be with us. So, I will apply for a school for him?
    Would this matter affect us? In another word, how much would this situation affect our case?

    Thanks,

    Reply
    • If you have already been interviewed but do not have a decision, you are supposed to tell the asylum office about any change of address (using form AR-11, available at http://www.uscis.gov). If the move is temporary and you are keeping your old address, that should be fine, as long as you receive mail there so you know about any decision. If the move is permanent, you should change your address and the decision should come to your new address. This should have no effect on your case, but if you are required to attend another interview, it will take place in your new asylum office. As for your son, if he is going to public school, he should be able to attend wherever you live. Take care, Jason

      Reply
  23. Hi Jason!
    Thank you for your support. I have applied for my GC more than 9 months ago and a notice was sent telling me that fingerprints are not needed. My status online also says “Case Was Updated To Show Fingerprints Were Taken”. However, yesterday I got a fingerprint appointment letter. What is going on? Should I be concerned?

    Thank you!

    Reply
    • This seems to be happening more often lately. I do not think it is a cause for concern, but I do think you should go to the fingerprint appointment. Take care, Jason

      Reply
      • I had the same issue but I went for my fingerprint appointment. Few hours later, the case was updated to the correct date (fingerprint appointment date)

        Reply
  24. Hi Jason,

    I am considering voluntary departure to avoid deportation so I can legally come back to the US later again. How hard is to get voluntary departure from Asylum Office or Court? How long it typically lasts to be approved? I have a NIW approved and thinking to leave the country for applying for my GC through consular processing. I did not overstayed my visa as I applied for asylum when I was in status. I have been waiting for my case to be processed in the asylum office since 2014.

    Reply
    • Only a judge can grant voluntary departure, but if you have no unlawful presence here, you can possibly leave the US, get the GC overseas based on the NIW/EB2 and then return here with the GC. Whether you have any bars to returning here, I do not know, and so you should talk to a lawyer before you try this. Also, if you have a pending asylum case, you might apply for Advance Parole, and that way, if something goes wrong at the embassy and you do not get the GC, you can at least return based on the AP. I wrote about AP on September 11, 2017 and I wrote about getting a GC based on employment on August 28, 2018. Maybe those posts would be of interest. Take care, Jason

      Reply
  25. Hi Jason,
    I’ve been granted asylum about 9 months ago. Does filing for bankruptcy has any impact on my immigration status, especially when applying for green card/ citizenship? Thanks.

    Reply
    • It should have no effect. The public charge rules do not apply to people with asylum, so there should be no issue. Take care, Jason

      Reply
    • I say Amen to the quotes. Thanks always, Jason.

      Reply
  26. Hi,
    Is it ok To write To inquire about your result without a lawyer even when you have a lawyer ? Or Can an asylum applicant request to know about their result without their lawyer consent ? If yes, do you juste write uscis To tell u your result or u have To fill out a form ?
    I call To know ou result fromage thé interview after 6 – 8 months and was given the office address To write them identifying myself so they can respond To me directly.
    My lawyer made an expédition request for my result but till now there is no sound of when thé result Will be. My case had bien pending coing To 4yrs since I applied. Interview result pending going To 8months now.
    What do you think I can do ? The new lawyer I have told me inquiry Will be made after 8-months from now.
    Which can i do ? Will thé give bad result or answer when I inquire without a lawyer ? Or la it against the law To make this inqury without a lawyer ?

    Reply
    • You can inquire yourself (it is your case), though it is better to at least inform the lawyer that you are making an inquiry. It is better to email the asylum office than to send a letter – you can find their email if you follow the link at right called Asylum Office Locator. There is no harm in making an inquiry, though they often do not give you much info. Take care, Jason

      Reply
  27. Hi Jason,

    How is the luck factor for christian converts from muslim countries like Iran,…

    Thanks

    Reply
    • I don’t mean to over-emphasize the luck factor. It is a factor, but having a strong, well-prepared case gives you a good chance to win, regardless of the adjudicator (or at least most adjudicators). An apostasy case from Iran is a strong case, and as long as they believe the conversion is genuine, you should have a good chance to win. Take care, Jason

      Reply
  28. Hi, I was granted asylum almost 2 years ago, and my permanent residency application is currently pending. As recent as today, The case status for my asylum case is still updating in the uscis my case website. Today it changed to “the next step is an interview”. Should I be concerned about this? Is it possible that they schedule a new interview for sone reason even if I have the granted asylum stamped I-94 and the asylum approval notice? Thanks for your help!

    Reply
    • Anything is possible, but that would not be normal. However, it would be relatively normal if you had an interview for the GC, as many people receive those. You will just have to wait to see whether you receive any notices in the mail. Take care, Jason

      Reply
  29. Excellent article ! 👍🏽 Thanks Jason

    Reply
  30. Thanks, Jason.

    Reply

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