Asylum Offices and USCIS Will Start Reopening Next Week (Maybe)

As you might have noticed, USCIS offices have been closed for all in-person appointments–including asylum interviews and biometric appointments–since March 18, 2020. Now, USCIS has announced that it “is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4.” What does this mean? What will the “new normal” look like at USCIS? Are we all going to die?

The first thing I notice about the USCIS announcement is that it is kind-of vague. “Some domestic offices” will reopen? I am not sure what this means. I suppose we will have to wait and see which offices actually reopen. Also, “on or after June 4” could be next week or it could be in 2099. In any event, it seems clear that USCIS is trying to get things moving again. Indeed, one of my clients is scheduled for an interview on June 29 in the Arlington Asylum Office and I have heard of other applicants receiving notices for interviews there as well. 

An Asylum Division manager explains how they will reopen their offices.

Second, it seems that the new interview process will be a bit different than what we are used to–

In accordance with social distancing guidelines, and due to the length of asylum interviews, asylum offices expect to conduct video-facilitated asylum interviews, where the applicants sit in one room and the interviewing officer sits in another room. Asylum offices will use available technology, including mobile devices provided by the agency, to ensure that the officer, applicant, interpreter and representative can fully and safely participate in the interview while maintaining social distancing.

This short description raises a few concerns related to (1) safety, (2) due process, and (3) security. In terms of safety, if the Asylum Officer is in his own room, that seems relatively safe, at least for the officer (though the officers still need to get to work and stay healthy in an environment with many coworkers). For the applicants, the situation is less clear. Presumably, they will have to wait in a waiting room. In normal times, we often spend considerable time waiting, as interviews are often delayed–sometimes for hours. I suppose applicants could be sent outside (to wander aimlessly?) and then contacted by phone when the officer is ready to see them. This would at least avoid overcrowding in the waiting area. Also, normally, asylum applicants have their fingerprints and photo taken when they check in to the interview. This often entails waiting in line while a staff member struggles with a fussy computer. Whether the offices have sufficient space to “social distance” while waiting to check in, I do not know.

During the interview, applicants are entitled to bring an interpreter and a lawyer. Will all those people share a room? No offense to my clients, but this is not very comforting. Will each of us have our own room? That seems to be the plan, at least in Virginia. Due to security concerns, Asylum Officers never left us unattended during interviews, even for a second, and so I am guessing that they will need empty rooms to put us into. But the rooms won’t be completely empty, since we will need video equipment (and hopefully chairs), and so I am not sure how that will work. Also, what stops us from leaving the room and wandering the halls of the Asylum Office (I myself might go in search of the mythical room where all my lost files are located). And where are they going to get all those empty rooms? My guess is that the “new normal” will involve far fewer interviews than the old normal, but I suppose the powers-that-be figure some interviews are better than none.

Another concern is due process. Asylum seekers are entitled to a fair procedure. I know from my experience in Immigration Court that video hearings are more difficult and less fair than in-person hearings, and I imagine the same will be true of asylum interviews. There is much that is easier in person. For example, at the beginning of the interview, the officer reviews the I-589 form and makes corrections. Sometimes, the officer wants to look at documents with the applicant. These things will be difficult to do if the officer and the applicant are in two different places. Also, if the lawyer, interpreter, and applicant are in different rooms, communication between them will be more challenging. Aside from this, it is simply more difficult to talk to a person by video (as we all now know from innumerable, interminable Zoom chats). This difficulty will be compounded if the applicant is wearing a mask, which may be necessary in the event she shares a room with her attorney or interpreter. All these protective measures will make it more difficult to interact with the Asylum Officer and will make an already stressful situation worse. In short, under the current circumstances, there will be significant barriers to receiving a fair adjudication.

An additional concern is security. Will the video equipment be secure, or might it be hacked by nefarious actors who want to harm asylum seekers? I do not know, but the federal government’s track record here is mixed, and for people seeking asylum, confidentiality is an important concern.

How does USCIS plan to keep asylum applicants safe? The agency has issued the following guidelines for entering USCIS facilities–

  • Visitors may not enter a USCIS facility if they:
    • Have any symptoms of COVID-19, including cough, fever or difficulty breathing;
    • Have been in close contact with anyone known or suspected to have COVID-19 in the last 14 days; or
    • Have been individually directed to self-quarantine or self-isolate by a health care provider or public health official within the last 14 days.
  • Visitors may not enter the facility more than 15 minutes prior to their appointment (30 minutes for naturalization ceremonies).
  • Hand sanitizer will be provided for visitors at entry points. 
  • Members of the public must wear facial coverings that cover both the mouth and nose when entering facilities. Visitors may be directed to briefly remove their face covering to confirm identity or take their photograph. There will be markings and physical barriers in the facility; visitors should pay close attention to these signs to ensure they follow social distancing guidelines.
  • Individuals are encouraged to bring their own black or blue ink pens.

My local office (Arlington) announced that telephonic appearances are not permitted for applicants because the Asylum Office must check identification. Also, the Asylum Office does not have any procedures for attorneys to appear telephonically (strange, since they do have telephones). All documents must be submit at least 72 hours before the interview, as there is apparently a new policy that requires 72 hours to pass before anyone can touch incoming mail. Finally, the Asylum Office will have a “very liberal” rescheduling policy, and so applicants can reschedule by email. Whether these same changes will apply at other offices, I do not know, but I imagine that all offices will follow similar procedures.

Like every other organization trying to reopen, USCIS is engaged in a difficult balancing act. How can they fulfill their mission and keep people safe? In my opinion, at the moment, they cannot do both. Given all the restrictions and contortions needed to make interviews happen, I expect they will only be able to interview a token few applicants. Under those circumstances, I do not see how it is worthwhile to endanger their staff and clientele (and anyone who comes into contact with them).

On the other hand, I know that many asylum seekers would be willing to take the risk. Not because they are reckless, but because they are so desperate to have their cases resolved and to reunite with family members. I can’t blame them for this.

There is no easy resolution to the dilemma. I hope USCIS will move cautiously, and I hope they will be able to keep people safe and provide them with fair interviews. We shall see.

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194 comments

  1. Hi Jason

    I trust you’re doing great!

    Below I present the matter in which I seek clarification on

    This is year sometime in March I supposed to attend MCH in court and due to the pandemic affect the whole situation across the nation the MCH kept postponed up until now!

    The particular question I want to raise here is pertaining to a transition! I am planning to get married to my fiance soon! In light of that,
    1. what are the things I need to bear in mind ahead of time?
    2. what is the preparation I need to work on for a smooth transition?

    Thanks so much

    Reply
    • It depends whether your fiance is a US citizen or has a green card, and whether you entered the US legally and are eligible to adjust status in the US. I wrote about these issues in two blog posts from August 2018 – maybe those would help. Take care, Jason

      Reply
  2. Hi,
    I am been referred to immigration court on by the 11/18/2020.
    My lawyer was pro bono. And now is asking me to find another lawyer to represent me at the court. The paper asking me to amend my application before the judge.
    What do u think I can do?
    The old lawyer referred me to a different lawyer in case I need one. Do I go for it or find a totally different lawyer about this?
    Is really hard to tell what to do at this time.
    What is your advice?

    Reply
    • Hopefully, you can find a lawyer you feel some confidence in. I did a blog post about finding a free lawyer on September 23, 2016. It has some links that might help you. Take care, Jason

      Reply
      • Greetings Jason,
        I hope all is well with you.
        We are in the same boat here in Mn. We have a coming immigration court by the end of September, and our lawyer is retiring. Almost all lawyers in MN don’t have experiences working with Iraqis.
        Does your office have any experience? And do you guys take clients from other states (online appointments)?

        Reply
        • I did a post on September 23, 2016 about how to find a free lawyer, but there, you will find links to local non-profits and maybe they can refer you to a local lawyer. Our office can take a case in MN, but I am not sure whether I will be able to travel in September, and also, it would be more expensive since we are far away. Anyway, maybe try for a local lawyer first, and if you have no luck, you can let me know. Take care, Jason

          Reply
  3. Hi,
    Is it ok to send a letter personally to USCIS for my interview result?
    I applied 2017, had interview Aug. 2019. My lawyer requested expedite result, no result yet, it’s says the case is pending with top management for a decision.

    I wrote to get result 4months ago and got the same result the lawyer got.
    Its almost a yr since the interview, over 8 months since my lawyer requested result, 4 months after I requested a result, also the responds were the same.

    Is it right for me to request a result myself? Since the lawyer same to have given up to request a result for me, and I have requested months ago?
    I call the office before requesting, they to me to make the request to the address they give me, which I did.

    Can I request the result again? What do I do? Its going to 4yra since I apply for Asylum.
    Lastly, the lawyer requested a new EAD for me and I got it in 2-3 months time with 2yrs extension. I don’t know what is the hold for not getting the actual result for my case if I can get an EAD approved and send to me that quick
    What do I do? Please advice me sir.
    Thanks and hope to hear from you.

    Reply
    • You can write to them. It is best to email them. You can find the email if you follow the link at right called Asylum Office Locator. If you do that yourself, you may want to send a copy of your email to the lawyer. You can also try the USCIS Ombudsman. A link is also at right. That is free and they sometimes help with delayed decisions. Maybe contact your Congress person as well. Finally, if all else fails, you can file a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason

      Reply
      • Well, am an asylum applicant pending final results after interview for going to 2yrs now. my lawyer said We have to wait until after November elections to request result for my case. by june 20 it Made 1.7yr since I had my interview and going to 5yrs since I applied. The lawyer I work with said he made several request and no response of result. Only been told ” Top management has completed review and the result is pending” before it was ” case was with top management for review and decision” which lasted for 2months before showing review completed and result pending. Over a yr now review completed and result pending decision from top management at USCIS.
        It is ok to keep waiting? Is this a good sign for this long wait? Is there any possibility that lawyers or applicant will get any result good or bad after the election about their cases?
        We all are just stuck in this Trump thing. Am Just praying that its not becuz of me nor for any other personal reason that the American people make the right choice not only for them but their children and generation to come. My prayer is for God to help this country and people decide for the good of this country and the world even if I don’t get a result cuz their lives and future is matters than anyone selfish desire.
        What I see is, things might be the same even after the elections for some time with the many hardship we all suffering. I am a health worker for over 2yrs now. I just which I was an American to help make that vote count.
        I just don’t know what to do now. The lawyer said I should give any advice on what I think is the best way to go cuz he tried all efforts and nothing working to get USCIS to respond. The most fearing thing this is he said if the case turn out that they say no cuz we asking too much, he will not represent me anymore in court cuz my case is strong but he can’t make them to give decision. And if we keep asking them they will say no. Also, If so, will I have make the appeal myself or must find another lawyer to do so for me in court?
        How do u think I will do it when things done work out will? Are other applicants facing the same question and situation with their lawyers?
        What do you think I can do?

        Please advice sir.

        Reply
        • While the Trump Administration is causing great problems for asylum seekers (and many others), I do not think it has much to do with delayed decisions, at least for most people. This was a problem for many people long before President Trump. You can keep making inquiries about the decision. You can also ask for help from the USCIS Ombudsman and your Congress person (links to these are at right). Finally, if all else fails, you can file a mandamus lawsuit. We wrote about that on October 2, 2018. In terms of what else you can do, I wrote a blog post earlier today with one idea for your consideration. Take care, Jason

          Reply
  4. I just found out my EAD expired exactly year ago. Can I renew it again? Are the new rules going to affect my case? My case is still in court pending list.

    Reply
    • The new rules are not yet in effect, and could be blocked by a court. If you are still eligible for an EAD, you can renew (if your asylum case is still pending, for example). Take care, Jason

      Reply
  5. Dear Jason;

    I am a F2 Asylum Seeker from Iran waiting for decision after 3 months from a USCIS field office. I am wondering if you have any experience of how long cases from Iran takes these days? I know it takes more than a year but wondering if it is around 1 or 2 year or usually it takes more than that?

    Reply
    • Actually, cases from Iran tend to be faster than cases from many other Muslim countries, at least in my experience. Not always, but just generally. That said, time frames are completely unpredictable, especially since things closed down for the last few months. They are open now, sort of, so you can try contacting the asylum office to inquire about your case. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Hi,Jason! I hope you’re well.
        As you always say to email to make an inquiry.
        I have been waiting for 22 months,but when I email they say to fax them or in-person inquiry for security reasons.That is about the Chicago Asylum Office.They do not give information by email.When I fax not response.What should I do now ? Any comments?
        Thanks in advance!

        Reply
        • That is annoying. I often email and they respond, and I am pretty sure I have emailed with the Chicago office. Maybe it is a new policy, since they have new policies every second day. Maybe try asking your Congress person to make an inquiry – there is a link at right to the House of Representative and the Senate. Maybe they will respond to those inquiries. You can also try the USCIS Ombudsman’s office. It is easy to inquire and it is free, and it is not impossible that they would help you. Finally, you can try to email again, as maybe you will reach a different person who is more likely to reply (when I email, I include the full name, Alien number, date of birth, and country). Take care, Jason

          Reply
    • Only 3 months these days!
      Relax my dear if you don’t wanna go crazy!
      I have been waiting for 22 months.
      Sometimes I am kind of if I could die and come back to life 2 years later and see what is going on with my asylum decision. They don’t care about us. If you like Abgoosht or kebab make some and eat well ,have fun. Time flies!
      Don’t worry,they will get back to you!
      Wash your hand from time to time and use sanitizer most often,wear a mask when you go out,respect the rules of social distancing. Stay safe ! Corona is as real as asylum long wait!
      May God bless Jason!

      Reply
  6. Hello Jason,
    I hope everyone is safe.
    Jason, what is your opinion in this case.
    A friend of mine husband (was a diplomat in USA )applied for Asylum base political opinion in 12/2015 because his government recalled him back home following his refusal for financial frauds.
    His country requested to USA to void his visa and those of family in October 2015 but the visa should expired 07/2017.
    He got international job at the same time without AP outand left US to full fill his family ( is in safe place)needs in USA. One outside He wrote to USCIS where he filled his case and if possible to get the AP.
    USCIS received his request by certified mail but never responded.
    Now his wife got a lawyer to separate their cases so she can be the principal but the lawyer said when the will receive the interview notice he can got earlier separate their case.
    The lawyer went to the Asylum office in the beginning of 04/2018 where they will have interview to do so. He was told that they have to close the husband case (USCIS closed his case at the end of 04/2018)and the wife can open her own case ( beginning of 05/2018).
    Finally she was interviewed in 02/2020 and everything went well but the officer at the end of the interview told her and the lawyer that she may have one year bar because she should apply at same time as the husband and the lawyer said she did because she was depend of his case that mean she doesn’t have one year bar. The officer told the lawyer to submit his request 10 days before the decision and he did.
    This is the lawyer request:
    1- The husband (filled in one year changed circumstances that put their life in danger if the return to their country) and she was included in the previous application.
    2- her visa expiration is 07/2017 and she applied 05/2018 she still in status.
    So far her decision is pending because the officer want to know if the State Department cancelled their visa in 10/2015 as requested by their country.
    The lawyer always emails the officer by email for status update the officer always said they didn’t get yet the answer from the State Department.

    Now the family feels like they are in limbo because the decision is still pending over 4 months.
    Jason, do you think the lawyer can request to send her case to the court? Or what is your opinion to move this case ahead.
    Thank you so much for your support.
    Be blessed 🙏🙏

    Reply
    • The husband had a one-year issue, but she has her own one-year issue. Once the husband abandoned his case, she was no longer eligible for an exception to the one rule rule (she met an exception to the rule as his dependent), but once his case was done, she had to file her own case within a reasonable period of time (usually a couple months). It sounds like she did not file so quickly after the husband abandoned his case, so maybe that is an issue. The case sound complicated due to the husband being a diplomat and then leaving the country and there being an issue with the State Department. Given all this, plus the cornavirus shutdown, it is not surprising that there is no decision after 4 months, and I would not be surprised if it took a lot longer. The lawyer can inquire about the case by contacting the asylum office, but there is probably not a lot to be done to make them issue a faster decision. I do not see why they would want to drop the case and go to court – I see no advantage in that. In addition, I do not know that the asylum office would agree to do that. If things take too long and there is no result, they could try filing a mandamus lawsuit – we wrote about that on October 2, 2018, but I think it is too soon for that. Take care, Jasno

      Reply
      • Thank you so much for your prompt response Mr Jason.
        The husband had an issue with his own country not with US.
        It started in October 2015 when his country requested to US to cancel their visa ( even their is was expired 07/2017 and they really don’t know if US have cancelled it) and he applied in 12/2015 in one year changed circumstances that put their life in danger.
        He left US in January 2016 without AP ( as you said his case is abandoned).
        But USCIS closed the husband case at the end of 04/2018 when the lawyer went to separate their cases( to allow her to be the principal so she can continue with the husband’s case )and the wife applied in 05/2018.
        Do you think she has one year bar even the case was abandoned but officially USCIS sent a mail to lawyer that the husband case was closed at the end of 04/2018 so the wife can apply her own and she did in beginning of 05/2018.
        For the officer, he wants to verifier with the State Department if they really cancelled their visa ( because he was diplomat and their visa was renewed by State Department until the end of his duty).
        So he can issue the decision ( if she was or out the status because her visa expiration was 07/2017 and she has to apply before 07/2018 and she did it in 05/2018)

        Reply
        • I don’t know that she has a one-year bar issue for herself, but maybe that was one concern the officer had. In any event, it sounds like they discussed that issue and the officer will have to make a decision about it based on the evidence and the time line. It also sounds like the officer has more work to do on the case (contacting the State Department) and that may contribute to the delayed decision. Take care, Jason

          Reply
  7. Hi Jason,

    Has the Arlington office published any new information about the reopening. I know they said June 4th is the reopening date, but I thought each office might have its own policy on when to reopen for new interviews.

    Best
    Asylee

    Reply
    • They are open. Apparently, each person gets his/her own room and the interviews will be done visa Microsoft Teams on iPads. Also, it seems they are trying to identify one-year bar cases and interview those cases (maybe to increase their denial rate, since many such cases are denied – if you want to learn more about the one-year bar issue, I did a blog post on January 18, 2018). I do not know if they are interviewing LIFO cases yet or what they are doing about expedite requests. As I know more, I will try to post something here. Take care, Jason

      Reply
  8. Hi, Jason
    Please be patient with me,,,
    I applied for Asylum and I have a strong claim but I was transferred to the Immigration court!!
    I’m still waiting on my master hearing
    I got engaged to my US citizen GF. Our weeding is scheduled 2 months before my first hearing at the court!
    I was thinking of continuing my Asylum claim, my lady encourages me to file for my green card based on our marriage. But I read online that would be suspicious if you apply during Removal procedures, especially that we are 6 years age difference and she is over weight and so am I.
    But In reality our marriage is valid (we love each other and we live together sharing finances and same culture)
    So do you recommend me to apply for adjusting my status based on the marriage (or) to just continue with the asylum claim to avoid any red flags as the immigrants are usually considered guilty until proven innocent despite our true marriage?
    And if you recommend me to go through the marriage petition can you please tell me the procedures and the timeframe for filing during removal procedures? please

    I’m sorry for this long writing
    Thank you very much for your help

    Reply
    • If you have a valid marriage, and you are eligible to adjust status, you should do that. If you are in court, you need to apply for a “bona fide marriage exception,” which is basically just a letter that you each write explaining that you are marring for love. You also have to submit a stronger marriage-based application, since they are more suspicious of people who get married while in court (in technical terms, you have to meet a higher burden of proof with regards to the marriage). But these things should be no problem for people in a real marriage – we have done many such cases and we never had a problem. I wrote a blog post about this on August 8, 2018 and that may help, but you would be well advised to hire an attorney to help you. These cases are bureaucratically challenging, especially now with the new public charge rules (see form I-912, available at http://www.uscis.gov). You should be able to get the GC (assuming you entered the US with a visa, were never deported, and have no criminal issues), but you really should have a lawyer to help you get through the process. Take care, Jason

      Reply
      • Thank you so much for your quick reply
        I entered the US on a Visa and I have NO criminal record
        Who we should submit the boa fide marriage letter to?
        So the adjustment will be through the court
        Or through the USCIS office?
        My wife will submit the I-130 form two month before the master hearing.
        Should my lawyer fill a motion to the judge to return to the USCIS office?
        Thanks

        Reply
        • I think my blog posts discusses all this (except for the letter, which is just included with the I-130 application). Basically, you give a copy of the I-130 and receipts to the court and ask for time for USCIS to approve the case. Once the case is approved, you can either adjust in court or terminate the court case so that you can adjust with USCIS. If you have a lawyer, the lawyer should know what to do. If not, you should probably find another lawyer. Take care, Jason

          Reply
        • …the same thing I am here thinking. If he has a lawyer, shouldn’t the lawyer be researching these things? And, if he doesn’t, he should probably get one to research this as this case is a little bit more challenging than straightforward cases.

          Reply
      • Jason, does he need to prove that the marriage is for love, or that the marriage is genuine? He is not paying for it so it is genuine. The emotional aspect of the marriage should not be the business of USCIS.
        “Everybody is looking for something”, right?

        Reply
        • They need to prove that the marriage is true and was not entered into for the purpose of circumventing the immigration law. The burden of proof is higher for people who are in Immigration Court. Take care, Jason

          Reply
  9. Hello Jason,
    Thanks for all you do for the asylum community. My question is on the Green card opportunity that was awarded to Nurses and Physicians in April. I wonder if it can apply to a pending asylee as well if an employer can file the green card for them. Will it be possible to adjust status then for a pending asylee? Thanks for your time.

    Reply
    • I do not know. For most such applications, you would need to either be “in status” in the US (and a pending asylum case does not count as in status) or you would have to leave the US to get a GC or a new visa. I do not know if there are any exceptions based on the new rules. I doubt it, but if you think it is an option, you might want to talk to a lawyer to see whether you qualify, as I could be wrong. Take care, Jason

      Reply
  10. Hi Jason, I applied for asylum in March 2018 and I hit interview on oct 2018 and I am still have if no decision in until now. I have a strong case base, I am the main applicant and my husband is dependent. My husband he didn’t file for asylum even he he alone has a very strong case in Russia. But he didn’t file. Because I applied as an asylum myself. Is it ok to make him apply for an asylum as a main applicant so I can get a good chance to be approved. Instead of waiting forever a decision. What do you think about my case. I am from Middle East (Coptic) do you think it’s better to wait for ever like that or I will ask to file for asylum for my husband and if we will do that? We will go to the court directly or what? I am tired and exhausted about everything I have a sever PTSD and waiting it’s helping me. Thank you dear

    Reply
    • If this helps, I have been waiting since 2015, not even an interview. Expedite request declined, so you are not alone.

      Reply
    • If your husband was a dependent on your case, he has to file a different way. The case is filed directly with the local office (the I-589 instructions may cover this; if not, you can email the local asylum office to ask them – you can find their email if you follow the link at right called Asylum Office Locator). My guess is that he will not get an interview any time soon, and so I do not know whether it is worth the trouble. If he is not a dependent on your case, he can file normally, and maybe that would work better (but who knows, as the asylum offices are a big mess). You might also email the asylum office to ask about your case. If that does not work, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Good luck, Jason

      Reply
  11. Hi Jason,

    Am going to apply I-484 next month, so if apply unemployment Benefits that will affect the green card process.

    Thanks
    Keyla

    Reply
    • The I-485? If you are applying based on asylum granted, there is no effect. If you are applying on some other basis, you might be subject to the public charge rules. Unemployment is not a direct negative factor, but the fact that you do not have a job could be a negative factor, and you might want to talk to a lawyer about how to approach the application. Take care, Jason

      Reply
  12. Jason, could I ask your advice on getting a spouse added to an already-pending asylum application?

    You’re supposed to be able to do this, according to the Affirmative Asylum Procedures Manual, by submitting to the service center a modified I-589 with the spouse’s name and photo added, a copy of the marriage certificate, and a brief statement that the applicant wants to add the spouse. In many cases, though, it seems that the service center and the asylum office both ignore these documents and do nothing. In one case I have now, they’ve ignored the initial request to add the spouse for six months, plus followup email to the asylum office and followup paper mail to both the asylum office and the service center. Even Congressmen haven’t responded; it’s now in the ombudsman’s hands.

    Do you have any hints on getting USCIS to take action on adding dependents? And do you know of any cases where mandamus has been tried, and if so, how it turned out?

    Reply
    • Unfortunately, I do not have any great ideas for you. We always do it the same way (as per the instructions). Sometimes (rarely), it works easily and quickly. Other times, it takes months or years – we send several requests to the Service Center (our usual Service Center is the TSC, and it is impossible for me to say enough negative things about that office). They often do not respond at all. There used to be an email that they replied to once in a while, but that no longer works. Then, we go to our local office, where they would frequently disappear the file. Eventually, after filing it several times and emailing them, and sometimes going in person, they would add the spouse. It was basically a question of persistence and time. Maybe if you have access to an AILA liaison, that could help. I think we did use AILA in some cases. Good luck, Jason

      Reply
      • Thank you.

        Reply
  13. Hi Jason,
    My lawyer is asking me to do psychological evaluation which is quiet expensive. I am already taking therapy for my PTSD. If my therapist provide a report on my mental condition wouldn’t it be enough or do I still need to go to specialist for psychological evaluation ?

    Reply
    • I do not know the case or why the lawyer thinks such a report will help. In my experience, the better reports are done by treating therapists (as opposed to a psychologist that you meet with once or twice), and so in general, a report by the person treating you + your medical records is what I would normally submit. However, I do not know your case, and maybe your lawyer has a good reason for wanting a separate report. Try talking to the lawyer – it is the lawyer’s responsibility to explain to you why you should take a certain course of action, and so the lawyer should do that. However, ultimately, it is your case and your decision, and so you can choose to do whatever you think best. That said, it would be good for you to better understand the lawyer’s reasoning. Take care, Jason

      Reply
  14. Hi Jason,
    Could you please give me some tips about what are the steps regarding asylum application withdrawal?
    Should I contact, mail, or go in person to uscis. field office to notify them about my decision?
    Should I give them reasons regarding my decision or not needed?
    what kind of documents should I attach with my decision?
    Should I expect from uscis to sent me a confirmation letter indicating that my asylum case has been removed in the uscis system?
    and Does uscis send my asylum package back upon my request?
    Thanks a lot in advance for your response.

    Reply
    • Contact your local asylum office and they will send you a form about withdrawing. You can find their contact info if you follow the link at right called Asylum Office Locator. You do not need a reason, but unless you have some other status or you have left the US, they might refer you to Immigration Court (to be deported). Once the case is withdrawn, they should notify you, but it does not always happen quickly and you may need to follow up. Take care, Jason

      Reply
  15. Jason, Hope you are doing good. I want to go visit my family.i granted asylum and green card on hand. My home country terribly effect from covid19 and i really wanted to go see them. I home county passport is still valid?
    Should i do it.?

    Reply
    • Sorry about the mistake ” my home country passport is still valid. “

      Reply
      • Also, maybe you want to get a Refugee Travel Document, form I-131, available at http://www.uscis.gov. It is better to use that than your passport, but obviously, it might not be a great idea to use that if you are going to your home country. Take care, Jason

        Reply
    • Any time as asylee (or a person who got a GC based on asylum) goes to the home country, there is some risk – if the US government thinks that your original asylum was fraudulent, they could try to take away your status. You should make the trip as short as possible, and be prepared to explain (with evidence) why you went back and how you stayed safe. I have had clients do this, and they have not had a problem, but you should be cautious, as the US government keeps getting more and more strict. Take care, Jason

      Reply

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