For years, advocates for asylum seekers have been discussing the degradation of our nation’s immigration system: Due process protections have been eroded (or eliminated), non-violent aliens have been detained (sometimes for years), and asylum applicants and other immigrants have been subject to humiliating and cruel treatment. Why should this be so? Our immigration laws and our Constitution are far from perfect, but they provide certain rights to non-citizens, including the right to due process of law, the right not to be denied immigration benefits for reasons that are arbitrary and capricious, and the right to humanitarian protection for those who qualify. Unfortunately, the government often fails to fulfill its obligations (repeat: obligations) under the law, and as a result, immigrants are being denied their rights–including their right to life-saving humanitarian protection.
Immigrants, of course, are not the only people whose legal rights have been violated by the government. The pattern of mistreating and disenfranchising minority groups goes back to the founding of our country (and before). In many cases, discrimination has been sanctioned by law–against African Americans, Native Americans, Chinese Americans, and women, to name the most obvious groups. Slowly, painfully, over time, laws have changed. The law now provides for much greater equality than it did at the founding of our Republic, and in practice, the situation has improved. But as we know, there is much more work to be done.
The Black Lives Matter movement is a part of that work. All Americans should listen to what BLM has to say. Even those who disagree or who think they know better should listen to the lived experience of people who feel threatened by our government. No Americans should have to feel this way. Something clearly needs to change. But why should immigrants and asylum seekers care?
For one thing, many immigrants are people of color, and so the issues BLM is addressing should be of concern to non-citizens, who might one day face similar problems themselves.
Also, when the government mistreats one minority group, no minority group is truly safe. If the government has the power and the willingness to take away rights for one of us, it can take away the rights of any of us. Indeed, the whole idea of “rights” is that they are inviolable; the government cannot take them away unless we are afforded due process of law. When a government agent kills an unarmed Black man without justification or when it deports an asylum seeker without due process of law, it is violating those people’s sacrosanct rights. It stands to reason then, that if we wish to support the rights of one person, we must support the rights of all.
The above arguments are based on self interest (I will help you because it helps me). But there is another reason for immigrants to support the BLM movement–it is the right thing to do. The asylum seekers and immigrants that I have known tend to be very patriotic people. They believe in the American ideal. That is why they came here in the first place. Part of that ideal is that we are all equal in the eyes of the law. No group should face harm or discrimination due to their race or ethnicity or religion or sexual orientation. It is un-American. And it is wrong. As citizens (or would-be citizens), it is incumbent upon each of us to help our nation move towards a more perfect union.
So what can be done to help?
Education: Learn about BLM’s goals and methods from leaders of the movement, rather than from secondary sources. Good starting points are the Black Lives Matter and Movement for Black Lives websites. There are also many movies, documentaries, and books that are worth checking out.
Protest: The ongoing protests are important, and will hopefully drive legislative and policy changes. Non-citizens can attend protests, and have a right to Freedom of Speech, the same as U.S. citizens. However, you should be aware that ICE agents have been deployed in response to protests and civil unrest. While these agents are (supposedly) not tasked with immigration enforcement, that is their raison d’etre, and so if you go to a protest, make sure to have evidence about your immigration status (such as a green card, work permit, I-94, filing receipt, etc.). If you have no status, make sure to have a plan in place in case you are detained (every non-citizen without status should have such a plan, whether or not they attend a protest).
Elections: As President Obama recently said, we have to mobilize to raise awareness and we have to vote for candidates who will enact reform. Non-citizens cannot vote. Indeed, such people can be deported for voting. So if you are not a U.S. citizen, please don’t try to vote. But this does not mean that you cannot participate in the upcoming elections. There is a lot you can do: Voter registration, canvasing, text-banking, phone-banking, etc. All this is important, as the outcome of the election will have life and death consequences for many people.
Contact Your Representatives: There is currently a bill pending in the House to condemn police brutality and racial profiling. The bill makes some good suggestions, including that the Justice Department should take a more active role investigating instances of police violence and discrimination, and for the creation of civilian review boards to provide community-based oversight of local police departments. Review the bill, and if you are so moved, contact your Congressional representatives and let them know. There is another bill pending in the Senate that aims to prevent discrimination by police and provide additional training. You can contact your Senators about this bill. Also, you can take action at the state and local level to push for reform.
Donate: For many of us, money is tight these days, but if you are able to make a donation, there are many worthy civil rights organizations that could use the support.
One last point, and I think this is important, as I often hear objections about BLM in the media and in conversation: It is not necessary to support every aspect of a movement in order to support that movement. I personally do not support all the goals of the Black Lives Matter movement. I do not support all their tactics, and I do not support all their rhetoric. This does not mean that I do not support the movement. I strongly believe that our country should focus far less on incarceration and far more on providing opportunities for all people to live safe, healthy, and productive lives. I also strongly believe that our country has not properly reconciled with its past and ongoing sins against African Americans and other racial minorities. Most of all, I believe that our nation has an obligation to listen to marginalized people and to respond to their needs. Thus, even if you do not believe in all aspects of BLM, I do not think that absolves you from listening to members of that movement and of working for a better society. All of us have an obligation to help bend the arc of history towards Justice. The Black Lives Matter movement is doing just that, and its success is our nation’s success.
Jason, I have a quick question. I am getting ready to submit work authorization renewal form to uscis (it’s my fourth one since I applied for asylum in Arlington in 2025 and still no interview) they are asking to include a copy of previously given work authorization, which I have, but my husband seems to be misplaced his, and we can’t find it. He does have his DL, which is limited until the date when his work period it expires. Do you think it will be ok to include a copy of his DL instead of work permit or we should write an explanation that we can’t find it? Thank you in advance
I applied for asylum in 2015- sorry for the typo
You can include the CL, but I would also include an explanation. If you have the receipt from when he previously got an EAD, you can include a copy of that as well. Take care, Jason
Thank you, Jason! Rally appreciate all that you are doing for asylum’s seekers.
Hi Jason,
I’m going to apply for GC there is a question which asks do you work without authorization? I uesd my EAD to work as an contractor with 1099 tax form I forget to renew my EAD after two month of its expiration date and when i foud that immediatly stop working and send my EAD document for renewal and renewed it.my question is that that two month gap consider as unathourize work or that gap will be coverd by my EAD?
Thank you
The gap was probably covered by the EAD retroactively, since when you filed to renew, your old EAD should have been automatically extended for 180 days. However, USCIS will know the timeline (since they processed the forms) and will know (if they bother to check) that there was a gap that was fixed once you got the receipt for the new EAD. For me, I would probably check “no” to that question, but I would circle the question and write “See cover letter”. In the cover letter, I would explain what happened. The reason for this is that if USCIS decides there is a problem, it is much better and easier to fix now (using an INA 209(c) waiver) than it will be later, when you apply for citizenship. If you are not sure, talk to a lawyer, but based on what you write, this seems like the best approach. Take care, Jason
Has anyone heard about the Daca ruling? Miracles still happen.
I was praying for these people. Some of them doctors and nurses. This is their country beside paper.
I am so excited. good news for once!
Hi Jason,
I transited through airport of third country to come here and that country(UAE) is not part of refugee treaty act. Do you think this new regulation will affect my asylum application? In addition, I did not file tax return since I did not have job for a year and tax filler told me since you did not have job and income you were not eligible or obligate to fild tax return for that year. Do you think it could be an excuse for this new rules and regulation?
Thanks
The new rules specifically states that people who passed through a country that has not signed the Refugee Convention are not affected by the third-country requirements. If this rule goes into effect, you should probably include some evidence showing that UAE is not part of the Convention (it is not hard to find such evidence – I think Wikipedia has an article about this with some links). As for taxes, as long as you did not work and fail to pay taxes, you should be fine. If you are not sure, you can always correct back taxes and that should hopefully solve the problem. Take care, Jason
Hi Jason. The new rule about passing through the third country applys to every asylum applicant or just applys to people who try to enter to US unlawfully ( without visa)?
Everyone, and it may apply retroactively, but there are exceptions (for example, if you passed through a country that is not a party to the Refugee Convention). Also, the rule is not yet in effect, and hopefully it will be blocked by a court. Take care, Jason
Dear Jason,
If the rule applies retroactively, will it affect people who were already granted asylum? Thank you!
We don’t know, but given the number of people who already have asylum, it seems like it would be very difficult to apply the rule to people who already have it. I suppose it is not impossible, but it does not seem like the intention of the law or that it would be possible in practical terms. That said, for asylees, it is better to apply for the green card as soon as possible in order to protect yourself (whether USCIS will process GC applications is another issue). Take care, Jason
I just saw your response on the same question. Thank you !
Do you think these new changes will also affect those granted asylum cases? Like, if you are asylum was already granted while you are not supposed to be granted by these changes now. What do you think?
I am just shocked . I hadn’t visited this site in weeks and now they are talking about the termination of green card applications ? Jason please clarify
This is not Jason.
Tatiana, most green card processing are on hold, and not just green card for asylees.
Asylees green cards are not blocked. I believe processing will pick back up when their funding issues are resolved.
Before, it was only green card application outside the USA, but the administration recently included that of people present in the USA.
They are still processing some green card applications though.
Thank you for clarifying > Tina<. … the problem I encounter here is that given the history of USCIS they could hold these applications Indefinitely or perhaps years
Yep!
That is not what is being talked about. USCIS is having budget problems and are reducing their services. They are currently putting green card applications on hold, as they supposedly do not have the staff/resources to process those cases. It is ridiculous, since you paid a lot of money for the GC. Hopefully, this hold will not last long, but we do not know. Take care, Jason
As they are written, they do not do that. I suppose USCIS could try to go back and review old cases to determine whether the person did not qualify for asylum under the new rules, but in practical terms, I think that will be very difficult to accomplish. Nevertheless, I would recommend that people apply for the GC once they are eligible (even if USCIS is not currently processing GC cases), as you will be more protected once you have the GC. That said, I do not think this is likely to be a problem. Take care, Jason
Mister jason ! What is this news !! I was ready to apply for my green cark bass ok asylum tomorrow !! I cannot stop crying ! Please you got ta help us ! I waited 8 year’s to prosses my asylum and now this ! I’m on the verge of killing myse or feeling the country I can’t no more . Please contact congressmen pls say something I beg
Suzan I’m sorrry you feel this way , maybe Jason can give us insight on this ? Mister Jason I’m very infused what is exactly happening with the green cards . I hear people becoming paranoid
I think there are no changes for people with asylum seeking a GC. It’s hard to keep track of all the recent attacks (I will try to post something about this tomorrow), but I do not think there is anything that should affect a person with asylum who is applying for a GC. Take care, Jason
Suzan I’m sorrry you feel this way , maybe Jason can give us insight on this ? Jason I’m very infused what is exactly happening with the green cards . I hear people becoming paranoid
Suzanna,
Green card processing is just on a temporary hold. Why do you want to kill yourself for that?
Tina !! Watch your language lady , a person who is in that stage deserves compassion and kind words … maybe she has other issues . You sound sarcastic . If you have nothing nice to say shut your mouth please . Suzan god bless you are loved hony
Shut up idiot , this is a free country
When a person is under attack, it is difficult not to get emotional. I would submit (to paraphrase Ben Franklin) that either we all hang together or we will be hanged separately. Take care, Jason
Since you wish to be identified as June 15, 2020, I will address your comment and that of Martin here.
Martin, my response to Suzanna was not intended to portray lack of empathy, or sympathy, and I am only responding to both of you so she doesn’t read your comments, and come to the same conclusion.
My comment was intended to compare her situation to those of us who have been waiting for years,and facing potential blanket denials.
I was not minimizing her frustration, but merely expressing that she is at a much better place than hundreds of thousands of us.
I guess if my last sentence had been “do not kill yourself “, I would not be called an idiot ,because that was my intended communication,
To you June 15,2020, You contradicted yourself in one sentence.
If you could call me an idiot in the same free country, why should I shut up, and not express myself?
I will not stoop to your level of name calling, but only responding out of respect for Suzanna, as it seems my comment might have been misunderstood.
You the one to watch your language i guess.
I dont see any problem to tell someone not to kill herself over something that is temporarily on hold.
Take care
Thanks – I forgot about that one. It will likely resume at some point. GC applicants are not block; they are just delayed. Take care, Jason
I am not sure what rule you are specifically concerned about, but some of the new rules may not stand up in court, and none of them are in effect yet. For things like this, it is best to try to wait and see what the rules actually are, and then deal with it. Speculating is maddening and cannot lead to anything good. There are many people fighting to help asylum seekers, and there is a reasonable chance that some of the rules will be blocked. Take care, Jason
Hi Jason ,
I don’t know what to say , as a physician , I’m supposed to keep giving “hope” to people I take care of , I should always be smiling in their faces and be on time doing everything , while others enjoying their time smoking and having a beer in a bar , and still complaining about how this country should be going and how those “Aliens” should be kicked out of this country cause they’re not patriot to the flag , while I spent my time focusing on my attitude and my personality and “lying” to my self that there’s always will be justice that will come and take care of all of us not only Asylee but all human , I’m still thankful , my brain is still functioning , but my mood is never been doing ok , while Asylum system was designated in the first place to help people , in those days , it’s actually a tool to dehumanize and objectify them politically . but I also learned something , I learned that immoral people , don’t need you to show them how moral you’re . Cause truly it doesn’t matter to them … Morals and all that lies in nowadays life doesn’t matter , at all …. heh , who cares already !
I’m still thankful , to many great people I have met in my life in this country , Yes there’re many great humans in this country , I’m still thankful to the education system which was not an invention of the current administration what so ever , but a cumulative work of unbiased scientific people and rules , I’m thankful that I’m allowed to go their libraries to search for scientific journals and improve my knowledge , I know at least a little something in this world , YES I came to this country as a Syrian Medical Student , And I truly love the medical and health care/education system here , It’s so hard and not easy by the way , But it’s fair at least , so for conservative people who hate us as immigrant , I’m saying I’m truly thankful to the Scientific system in this country , but I don’t know why you hate us , cause you do , don’t say we love you , and claim to be fair , unfortunately you’re not . Of course I’m not referring to anyone but all their media and platforms are fully of hate to us .. as immigrant . I’m not here to have sex with your blonde girls and I’m not here to apply the Sharia law , which I never really worked by even in my own country , SYRIA is a SECULAR COUNTRY SYSTEM AND REGIME , we’re here just cause we had a dream to come to the most SCEIENTIFIC advanced MEDICAL System to work at , but anyway … Thanks Jason for having such platform again , and I’m not afraid I’m not a political active guy , but , I’m deeply saddened that no one is truly stopping the lies from spreading and being honest to all of us …..
You know what is more disheartening, If you have been in the backlog for years, sorry, because the rules will be retroactively applied.
However, if you came in when the LIFO began, you either have your asylum approved, denied (not on the basis of the new rules) or even have a green card by now, because we changed our adjudication rules, and you got lucky.
If not for gross wickedness, how do people apply for asylum under existing rules, thrown into a backlog for no fault of theirs, and after almost 5 years of waiting for interview, “hey, wait a minute, I have an idea that we can use to deny al those backlogged cases, the rules will be applied retroactively”.
I read the actual proposal today, and trust me, there is hardly anyway to win asylum in the USA, except by divine powers. ” If we miss them here, we get them there, or there, or there, or there, or there, or that one, haha(evil laugh)
Does anyone in this administration ever sit down, and trade places with these half humans seeking asylum?
Lives will be lost as a result of this? Children will suffer endlessly? Do they ever open their bibles to the verse that says that “seed time and harvest exist”? Have they ever come across the verse that states that there is no peace for the wicked?
How do you even do such wickedness, and I hear that you are Christians?
Is this not wickedness from the pit of hell?
I am not surprised you feel this way, and I agree that the Trump Administration has used the bureaucracy as a weapon against asylum seekers. It is also true that there are many people on the side of asylum seekers – maybe even most people. Hopefully, we will come to better days soon. Take care, Jason
Thanks for the encouraging words, Jason.
Helpful!
I guess being off work today is not helping much. I have been a couch potato feeding on sugar, news, and asylumist.com all day.
As my law professor would say, that is a jejune diet. Take care, Jason
Is this the end? Will hate overcome evil? What is going to be our fate.
Waiting on your next Article Mr Jason…
Feeling hopeless…
Will hate overcome love?Most Asylum seekers I know have always done good, y so much hate.
Jason, I read the new rules and thought I should visit your blog. I used to visit your blog a lot during my immigration journey as an asylee. I can understand how people with pending applications might be feeling right now. Honestly it is a bit surprising that the administration came up with the rules so late. Going by what Trump was saying, I was expecting something like this in his first year itself. There has been an assault on asylum. It even happened to me during my citizenship. I had posted on this forum last year that the naturalization officer asked me a bunch of questions related to my case during my interview which was uncalled for as I had been through immigration court. I could not remember a few dates and they delayed my application. I finally sued under 1447b and then they naturalized me. The lawyer I got for my federal lawsuit told me that the new officers that have been hired are very tough and have been told that they have to look every case as a fraud. Basically the directive is that USCIS is an enforcement agency and not for granting benefits. Im glad that I am naturalized but there is also a de-naturalization force now. Wishing Good luck to all and stay safe.
I was also a little surprised that it took so long to reach this point. I frequently described the Administration’s approach to immigration as maliciousness tempered by incompetence, and maybe that helped us. But lately, they have gotten their act together and are able to more fully indulge their maliciousness. Take care, Jason
I will try to post tomorrow about all the recent bad news, but it is not going to be a very optimistic post. Take care, Jason
Good morning dear Jasón . I have a question why has the fu ckin@ administration stopped GC Apps for those living in the country like asylees . Excuse my French , do you know how long this is gonna go for ? They are always trying to find ways to sabotage
Your French is too mild to describe the BS from this Administration. It is a disgrace and the Administration is basically trying to kill USCIS. I will post something about this soon (maybe tomorrow), but basically USCIS is likely cutting 70% of its workforce and (supposedly) does not have the resources to process such cases. I heard that they stopped processing GCs as of April. We’ll know more in the coming months, but they are starting to send furlough notices to USCIS employees. Take care, Jason
After reading rumors about Asylum and EAD regulations changes, I can’t sleep past two days. Is it me or there are more seekers out there who feel the same way? I work in a credit card company. If you apply a credit card, even your limit is 200K, it takes us less than two hours to run background, credit check etc. and issue a temporary new card with freaking 200K limit, But why the heck it take them four months (ideal situation) to just send an EAD? Any answers. Damn the red tape. Forgive my language, I am so frustrated.
I am waiting for Mr Jason’s blog to get uploaded a post about the new rules so at least we can have an idea what is going on.
I will post soon about the many new rules, but you are not the only person losing sleep over this attack on asylum seekers and on due process of law. Take care, Jason
We are looking forward to seeing your article about new Asylum changes. This is going to be a breakpoint (bad one ) for asylum seeker. I really don’t understand what the connection between filing Tax and Asylum is. This is ridiculous.
The connection is that this Administration is using every tool of the bureaucracy–which is supposed to exist to implement the law–to prevent people from obtaining benefits under the law. It is ridiculous. Take care, Jason
Jason, have heard about Roll Call journal Article about USCIS putting hold on all kind of Adjustment of status (green cards)? Is this real? what are the specifics? And Is this going to have any effect on speeding up Naturalisations?
Best Regards
I suppose it is real, and relates to the fact that USCIS is about to lay off most of its work force. I will post about this issue soon. Supposedly, USCIS is prioritizing naturalizations, but according to that article, GC cases are on hold, except those related to people obtaining a GC based on their work related to the pandemic. Take care, Jason
Thanks Jason, And if this is real, what’s your view for the way they are going to address their lack of resources ? Aren’t they going to increase their fees ? If so, does this cover their financial loss?
Supposedly the fee increase won’t go into effect until October, and I do not know when the 10% surcharge will take effect. So I think it will not help, at least for the time being. I will post more about this soon, probably tomorrow. Take care, Jason
Hi Jason
Can you please clarify if unauthorized employment during pending asylum in EOIR is forgiven? Some site says for pending asylum, this is forgiven and doesn’t affect during decision and AOS and some say, if there was unauthorized employment, judge will reject a bonafide asylum based on that unauthorized employment alone.
Hello Jason;
Please confirm if you think the proposed rule will adversely affect FGM asylum seekers.
Regards
It certainly could, depending on the case. I believe the rule specifically blocks asylum based on gender. Also, it largely blocks asylum where the fear of harm comes from a private actor (as opposed to the government). There are also other issues, such as blocking people who pass through a third country before reaching the US. As I read the rules, they do not completely block FGM claims, but they will make those claims ({and all asylum claims) much harder to win. Take care, Jason
Unlawful employment current has no effect on an asylum case. Some new measures that have been proposed, but are not yet in effect, state that unauthorized employment can be a reason to deny an asylum application. If those measures are not blocked by a court and go into effect, all asylum seekers will need to figure out how to address this issue for their cases. Take care, Jason
Thank you Jason. After the asylum is granted, will it affect during AOS? There are couple of questions in I-485 where it asks if the applicant has ever accepted unauthorized employment and if the applicant has ever violated the status, as bars to adjustment?
In the past, when the answer to such question is “yes”, we have not had to do a waiver, as USCIS did not ask for it. Maybe they will want a waiver (a form requesting forgiveness for the sin of working unlawfully). If so, these waivers should be easy to get under INA 209(c), and so it should not be a problem (unless the law changes or there are new restrictive regulations on this point, but that seems unlikely). Take care, Jason
hi
I have seen some speeches and articles recently. Asylum decisions, including those who did not make the final decision, were to be rejected.
one of my daughters was born in America and I have no chance to return to my country.
my question is, what’s really going on right now?
and do you have any idea why they still haven’t made the final decision for 8 months?
thanks for your respond
There are a bunch of new, restrictive measures that have been announced, but are not yet implemented (I hope to post about this issue soon). Those should not affect a case yet, though once they go into effect, some measures may be retroactive. If you are waiting for the decision for 8 months, you can make an inquiry with the asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Good day Jason,
Please is it still possible to request for renewal of EAD after ones asylum case as been referred to a judge?
Yes – you are still eligible, the same as before you were referred to the judge. Take care, Jason
Great piece Jason! As you nicely point out, we need to provide moral and financial support firstly because it is the right thing to do. Secondly, if this is not enough, there is a strong self-interest component, “when the government mistreats one minority group, no minority group is truly safe.” Injustice inflicted on one group is a risk to justice on other groups.
And may I say that the fight for expanding the promise of the great constitution of the US by African Americans has been beneficial to other minorities. For instance, minorities were not allowed to immigrate to the USA until African Americans helped push color blind immigration legislation back in the 1960s.
I believe that we can produce change if we keep fighting for justice and the expansion of economic and political opportunities to everyone.
I think that the arc of American history since the founding has generally bent towards justice, with notable exceptions, but that has generally been the direction we have been moving. The Trump Administration is pushing it the opposite way, and the question is whether this is a long term trend, or a 4-year trend. We shall see. Take care, Jason
I agree. I did not mean to omit this but African Americans alone can’t bend that curve. There has been a lot of support in the struggle for justice from other groups including Whites, Jewish people, and many others.
Jason, I did not filed local income taxes for 2 years (2016, 2017). I thought that state taxes includes local taxes. Will they deny my asylum on interview or in court?
If the new rules go into effect, this could be an issue. Talk to a tax professional, as you can correct your taxes and that should hopefully solve the problem. Take care, Jason
Hello Jason, thank you for your help.
Jason or any one who have experience help me understand this question?
-Under existing rule, when is EAD terminated after asylum denied ?
-if your case sent Immgration judge, can you continue using current EAD or you need to apply a new?
Does the new rule about EAD which proposed in January 2019 start?
Thank you,
I heard that the Arlington asylum office has reopened on June 4th. Are they operating at full capacity? Are new filings getting interviews?
They opened, but seem to be operating at a very reduced capacity. Only asylum officers who volunteer to do interview are doing them, and each interview requires multiple rooms – one for the officer, one for the interpreter, one for the lawyer, and one for the applicant. The interviews are doing using MS Teams on iPads. I do not yet have a sense about how many interviews are actually being conducted, but my sense it is that it is not so many. Take care, Jason
Hi Jason
My spouse is an asylee and submitted i730 to me as a beneficiary and at the same time I have my own pending asylum case.
Now, i730 was approved and I became an asylee derivative. What should I do with my pending asylum case?
Should I withdraw it or I should wait?
Please guide me and thank you
If you now have dependent asylum status, your best bet is to withdraw your own case, as there is no additional benefit to winning (unless you think your marriage might end – if that happens and you are a dependent, you will lose your status). To withdraw, email them asylum office with proof of your status. They will tell you what to do. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason
Thank you for all information,
During the pandemic time as an asylum seeker I contributed as a volunteer does it affect my interview,and next question is how long can take my wife’s interview as dependent in my case..
It normally would not effect your eligibility for asylum. But you should include evidence about it, as it shows good moral character. If your wife is a dependent on your case, she should be interviewed on the same day as you. Dependent interviews usually only take a few minutes, as they normally only ask the “bar” questions (Are you a criminal? Are you a terrorist? Etc.). Take care, Jason
Hi Jason
Do you know when exactly (if) the new eoir proposal will come into law ? How soon ? and will it be retrospective ? Also did you say that new regulations are coming out regarding EADs ?
Thanks
H
I will post something later this week, but we do not know when it will go into effect, or if it might be blocked by a court. Depending how you read the new rules, some of them are retroactive, including the portion related to traveling through a third country. I have not seen the new regs related to EADs, and I think they are not yet released, so we do not know about that yet. Take care, Jason
Hello Jason,
Is USCIS halting AOS for people from the US ?
https://www.rollcall.com/2020/06/12/administration-puts-hold-on-green-card-requests-from-us/.
Thanks,
There are so many attacks on immigrants recently that it is hard to keep track, but this appears to be yet another one. We already knew this was coming, since USCIS is out of money and about to furlough 70% of its workforce. I will post a bit more about this later in the week, but one point – this is not due to the pandemic, as the Trump Administration claims. The main reason is the Administration’s use of bureaucracy to subvert the law and block eligible people from obtaining benefits. Their goal from the beginning was to destroy immigration, and that is exactly what they are doing (it just took them a while because they were initially so incompetent). Take care, Jason
Hello Jason, thank you for your service.
I have some question and I need your opinion.
I am in the process of adjustment status due to marriage and I did interview 5 months ago waiting for decision. I have also pending asylum in San Francisco office from 2016. I am worried if I get asylum interview soon since I had transit through third country before come to US.
1. Do you think I will get interview soon because of the new rule which makes easy to denied my case with third country travel ?I think I saw your comment:Arlington office start scheduling for case which field after one year since it easy denied.
2. If I get interview schedule, can I reschedule?
Thank you.
I am not Jason, but as far as I know, the new regulations are talking about having at least two stops or more before come to U.S. I beleive people with just one stop would be fine.
In that rule, there is no easy route. Take time to read it.
As I read these, one stop could block a person, but it depends on where (for example, a stop in a country that is not part of the Refugee Convention will not block a person). We will have to see how this is implemented, and if it is blocked by a court. Take care, Jason
I forget one question
3. My i130 is approved and my I 485 is reopened sine they are waiting my asylum case and my asylum office send my file last Monday. unfortunately I saw USCIS halt green card application. I have EAD from green card application. Do you think it is better to withdraw my asylum application now before I get schedule my asylum interview ? I am worry if I got interview and missed up my life?
In our office, I do not withdraw the asylum case until the person gets a GC, and so I do not recommend that and I really do not see any advantage to doing that (plus, if you have no other valid status, you could be sent to court if the asylum case is withdrawn, or maybe they will not let you withdraw the case; I guess if you really wanted to try you could, but I just do not see the benefit). Take care, Jason
1 – The new rule is not yet in effect, and we do not know when it will go into effect (or if it might be blocked by a court). My local office seems to be picking old cases with a one-year bar issue in order to give people the option to skip an interview and go directly to court, or maybe to interview them and try to deny their case (which is easier to deny than a timely-filed case). That said, there are tens of thousands of backlogged cases, and so it is not so likely you will get an interview soon. Even if you do, and even if it is denied and you are sent to court, it is still possible to adjust status based on the marriage. We do such cases all the time, and so the main issue is that you have to deal with the added expense and stress of a court case. In terms of the outcome of the case (you getting a GC), it really makes little difference whether you are in court or not. 2 – You can reschedule, but they only give you a few weeks, and so it really doesn’t help in terms of getting the marriage-based GC. Take care, Jason
I had a TPS status from 2015-2019 and after that my wife added me to her asylum case.
I didn’t renew my TPS last year.
can I get back to TPS status in the next renewal period after I’ve been added to my wife’s case as dependant ?
Unfortunately, I am not sure, as I have not looked into that in a while. Each country with TPS has its own web page at http://www.uscis.gov. You might check there about the requirements, or talk to a lawyer who does a lot of TPS cases (often times, Catholic Charities assists with such cases – each city has an office and you can Google them and ask). Take care, Jason
Everyone protesting and joining the black lives moment , but who is protesting the evil corrupt system of asylum that keeps thousands paying bi yearly work permits and are stuck in a dark hole without getting their interviews for many years ? Do those live not matter ?
And who will protest for the possibility of taking away the work permits so we are all homeless, have our cars repossessed, and beg for food. Clean homes for $25 for a 4 bedroom home.
Canada is considering granting permanent residency to frontline workers who have pending asylum. USA is creatively finding ways to expel us all, and make America white again.
The EAD bothers me more because while in this limbo, it gives us the little dignity to fend for ourselves, and families.
I hope it is not true that he plans to take it away.
I of course agree, and I would love to see this issue as part of the conversation. I was thinking of writing another blog post called “Why BLM should support immigrants, and how to do it.” The Trump Administration’s assault on immigrants is greatly increasing (I plan to write about that later this week), and it is all part of the same racist and dishonest pattern that is being protested by BLM. Take care, Jason
You are right! nobody really cares about us!
Hi Jason,
I am on a legal F1 student status untill 2022 and never use EAD based on asylum got from my husband asylum case since I am as dependent on my husband asylum case . He completed his interview in early 2019 and still no decision and under background check. I applied for EB2-NIW and next step is filing for the adjustment status based EB2. My husband used his asylum EAD card. I have a couple of questions.
1. Can I take out my name under his asylum case? How?
2. Can I apply GC for him under my NIW? I already put his name on my 140 petition. Since he is still F2 and his status is valid as long as my F1 student is valid. Is it true?
3. Is it good idea to withdraw his asylum case when we apply for GC based asylum and get EAD based EB2-NIW?or simply ignore the asylum case?
4- did you handle this kind of case?
Thank you,
1 – I am not sure, and I do not know how that will benefit you. If you plan to adjust status in the US, your status as a dependent in his case is not relevant, and if you leave the US to consular process, it does not erase the fact that you were a dependent on the case and that your husband is in the US (these things are only relevant if your GC is denied at the consulate and you have to try to re-enter on an F visa). But you can contact the asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – You can. Whether he can get his GC without leaving the US, I am not sure, but I think he can (as long as he is in valid F status, he should be able to, but the rules about this are not completely clear, and USCIS is acting very arbitrarily, so you might want to have a lawyer try to check this for you). 3 – For my clients, I do not like to withdraw the asylum case until they get the GC. If you have a valid status, you may be able to withdraw the asylum case and not get sent to court, but here, it is not completely clear (arguably, you could be found to have lost your F status by seeking asylum, as you are trying to remain permanent in the US, which is in conflict with the F visa, which requires that you promise to leave at the end of your studies). 4. I have done NIW cases and adjustments of asylum seekers, but I have not done an adjustment based on EB2/NIW in this type of situation. My big concern is the unpredictability of USCIS – there may be no way to know for sure whether they consider you in status until you apply for the GC. If they (arbitrarily) determine that you are not in status, you will lose all the money spent to apply for the GC. Maybe some lawyers have researched this and there is a definitive answer, but I have not looked into it, and I do not know (I kind of doubt it). Take care, Jason
Hello Jason, thank you for your help.
Jason or any one who have experience help me understand this question?
-Under existing rule, when is EAD terminated after asylum denied ?
-if your case sent Immgration judge, can you continue using current EAD or you need to apply a new?
Does the new rule about EAD which proposed in January 2019 start?
Thank you,
If you are referred to court, your asylum case is still pending and your EAD remains valid (and you can renew it when the time comes). The new rules about EADs are not yet in effect (and the rule about denying c-8 EADs for asylum applicants is not yet public), and we do not know when that will happen or whether it will be blocked by a court. Take care, Jason
Hi Jason, Thank you as always helping us.
Like many, I have a very unfortunate asylum case. From Afghanistan; applied in early 2014; interviewed in early 2017, and no decision yet. I inquired 100 times and also emergency health of my dad did not motivate USCIS to adjudicate my case (I have all records).
I entered the US legally on an F1 visa and applied for asylum when I was legally in F1 unexpired/unviolated status. I never worked without work authorization. To the best of my knowledge, I did not violate terms of my status.
Now, I earned my Ph.D. in a physical sciences/engineering field. I was granted NIW EB2 (National Interest Waiver). I have two options to apply for a GC: 1) Adjustment of status, 2) Consular processing.
After discussions with a lawyer about the adjustment of the status route, I may be able to claim eligibility for “technical violation due to inaction of USCIS” as the long-pending situation drove me out of status and it was not my fault. However, she mentioned this is VERY high risk and it depends on the discretion of the USCIS officer.
The second option is going through consular processing. Per the lawyer’s opinion, this is a better way but she does not know how it impacts my asylum application. Reading the available sources in the internet, I may be able to get an immigration visa but there is still chance of denial. FYI, I aim to go to Canada for consular processing if this is the case since I cannot return to Afghanistan.
Questions I have for you:
1) Is applying for asylum considered a violation of my F1 status? Is working with an asylum work permit considered a violation? If so, does it mean I am inadmissible under the “212(a)(6)(G)” as a “student visa abuser”? (FYI, I filed a bonafide application on a timely and proper manner based on real facts but not just a mean to extend my stay in the US)
2) What is your assessment of applying for adjustment of status in the US under that technical violation exception? If I apply for it and get rejected, will my asylum case be affected or will I be referred to the immigration court?
3) Do you think consular processing is a viable option? Do you think I will face issues getting a visa since I applied for asylum? To the best of my knowledge, I did not collect anytime against the 180-day unauthorized stay clock because I never worked illegally in the US and was always authorized to stay with my pending asylum application and approved EADs. Can I get advanced parole to attend an immigrant visa interview?
Thank you, Jason, for your time. I understand I asked many questions and would appreciate your response. I am very tired of this on the limbo situation. There come days that I regret ever applying for asylum, feeling so dumb, worthless, and held tight in a corner.
Regards,
In terms of adjustment, I have never done such a case under these circumstances (I think you are referring to 245(k)), but I think the “high risk” part is that you lose your USCIS fee. I do not think it puts you in any danger of deportation or that it will have an effect on the asylum case. I would ask the lawyer if she has ever done it before, or knows anyone who has (I do not), as you might want to have some idea about your chances before spending lots of money (for USCIS and presumably, your lawyer). Also, is there any other risk besides losing money? As to the questions: 1 – The answer to this is not clear. USCIS generally does not consider students out of status because they filed for asylum (though leaving the US and re-entering could be a problem), and I have not heard about USCIS finding students out of status because they worked. To me, the fact that you filed for asylum is a legitimate reason to deem you out of status, since you have demonstrated an intent to remain permanently in the US, and this is in conflict with the student visa, where you promise to leave at the end of your studies. Nevertheless, I have not heard about that happening, and USCIS is just not so predictable these days to give you a good answer. 2 – I do not see why it would affect the asylum case, and I doubt you would be referred to court if it were denied, but maybe you could be. I do not know if that is a bad thing, given that the asylum case is taking forever. 3 – Be careful about this, but based on what you write, it sounds like an option (assuming there are no travel bans blocking you – there are so many these days that it is hard to keep track). If you choose this path, I highly recommend you apply for AP. It may not be easy to get AP at the same time as the consular appointment, but it is far better if you have it. Otherwise, you will be stuck in a third country if something goes wrong with the green card. If you get stuck in Canada, you could be deported to the US (based on the safe third party agreement) where you would likely be detained (I have seen that happen to a few Afghans who tried to enter Canada at the border to seek asylum). If you have AP, you protect yourself if anything goes wrong. Good luck, Jason
Hi Al,
I have a very similar situation like yours. Can you please brief me more on how you get the NIW-EB2 approval? Did you have a lawyer or you did it yourself?
I appreciate your help,
Thanks,
Ethio,
You can file by yourself or hire a lawyer. I hired a lawyer. Chen Immigration Office does a pretty good job at an affordable price. They do a free evaluation of your case before taking it.
@Jason, thanks for your great response. You’re right – my lawyer meant the only risk is being rejected and losing the filing fee.
Have you heard about the new regulation that the administration is proposing?
I will try to write a post about them, but they are pretty bad. I think they will mostly block asylum seekers from Central America, but they will affect all asylum seekers in terms of trying to block people for passing through other countries before they reached the US, and for discretionary denials. There is a good analysis of the regs here: https://threadreaderapp.com/thread/1270814647965356033.html. Hopefully, some or all of this will be blocked by courts, but we will have to wait and see. Take care, Jason
Jason,
Am in immigration court in Los Angeles, CA.
I got married and we were blessed with a child in May.
My wife just filled an I-130 for me.
I have read all your articles including one you wrote in 2018 on acquiring a green card through marriage to a US citizen. I have some few questions as a follow up to that article.
1. How long does it take for the I-130 to be approved in most cases?
2. I live in California but the letter from USCIS indicates that the case is with the Texas Service Center and not California Service Center, is this an issue?
3. Also can the I-130 be approved without an interview?
4. When I-130 is approved, how long does I-485 to be done with before an immigration judge?
Thank you for your help.
1 – It is not so predictable, but often times we have had approvals in under a year. USCIS is losing funding and may lay off most of its work force, which could make things even slower. 2 – I don’t know which Service Center is for your area, but it is common to file things in different parts of the US. If USCIS accepted it, you should be fine. 3 – It could be, but usually that is only for when the beneficiary is outside the US. 4 – Either the judge will adjudicate the I-485 or the judge will terminate the case so USCIS can do it. Time frames are simply not predictable. If the judge is willing to do it, that might be faster, but it really depends on the judge. If the judge terminates and it goes to USCIS, at least you can get a travel document while the GC is pending, if that is a concer. Take care, Jason
Dear Jason,
Hope this email finds you well?
My cousin’s wife has been in the Laredo processing center for close to one year now.Yesterday her Asylum claim was rejected for the reason that there were inconsistencies in her application and that she was not credible. Please can you advise us if we can appeal of there is something we can do about it?
Hope to hear from you soon please.
Warm Regards
I think we talked on the phone. If not, let me know. Thank you, Jason
Hi Jason,
I have pending asylum case and waiting for interview. In 2018 I did not have job and no income, so I did not file tax . I’m afraid if this new regulation take effect, it could have adverse effect on my asylum case.do you think this new regulation required even people without any income file tax or it is just for asylum applicant with job and income source?
Thanks
I think you were probably not required to file tax forms if you had no income, but you can check with a tax professional to be sure. You can always correct your back taxes if necessary. I do not think this regulation would affect you, at least on this point, since it sounds like you were not required to pay taxes at that time. Take care, Jason
Thanks Jason , you’re truly a very genuine person , or you look alike , but I absolutely think non of any asylee should even think to support any political movement ever .. The psychiatric trauma we’re enduring I don’t think you can feel it , cause you never being treated like us , you just hear stories , I’m a physician working but I’m subjected to all kind of immigration laws that would kick me out of the country in any second , don’t even think I’m making money , I’m single by the way , and I’m barely able to support my self ….. my best colleague is a dual American-Canadian Citizen lol I always tease her to at least give me one of them so I can really look like a human in this country .. cause Yes we as asylee have no rights in this country , maybe animals have more rights than us … Am I exaggerating ?! No I’m not … by the way I’m from Syria . Anyway , thanks a least for having a platform non right non left for a people called Asylee
Syrians seem to be among the worst treated of the asylum seekers. Why they are targeted, I do not really know. Except that the current President loves to brand them as terrorists. It is hard not to judge a country that treats vulnerable people so badly, largely based on lies about those people. Take care, Jason
Jason, is there any chance that federal judge cancel or stop this new asylum rules as same as public charge rule or travel ban?
Some of the new rules seem to pretty clearly violate the law. Others seem like they could pass muster. I have no doubt that there will be litigation about these rules, and some of the rules may be blocked. I hope. Take care, Jason
Alex, why are you concerned about the rule?
I think every body is concern about them. Don’t you?
I thought you were too scared of BLM movement to remain in the USA.
I am not that Alex who was talking about BLM. I am a different person with same name (Alex) lol
Apologies, Alex.
Dear Jason,
My question is about impact of COvID and lockdown on applications process, we have submitted I-730 on 24 January 2020, according to USCIS site the timeframe is 11-14 months. Do you think lockdown and pandemic effected the processing times? When we should expect our approval and interview in Consulate?
All my best,
Mano
I do not know, and worse is potentially coming, as USCIS is running out of funds, and it seems likely that they will lay off most of their work force. If this happens, it will presumably slow things down even further. Unfortunately, there are a lot of unknowns. Take care, Jason
Dear Jason
Its been 9 month since im waiting for my decision from Arlington asylum office.
After many inquiry thru ombudsman office n senator im thinking to file a Mandamus and met an attorney she asked for 1500$ ! What do you suggest do i have to wait a little but longer or I should file it now im so tired of waiting
I am waiting for 17 months for my decision from Arlington Asylum Office. Everytime I reach out they say its pending “Final Decision” not sure what that means.
Hi asylee r u from a muslim country-
No I am not. And you?
Yes im
Male from muslim country
It only means that there is no decision yet. Given the long wait, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
I think that is a fair fee for a mandamus. Whether you want to keep waiting or make further inquiries is up to you. There is no way to predict when you will get a decision. Nine months is a long wait, but it is not that uncommon. I think you are certainly justified to do the mandamus, but it is really up to you. Take care, Jason
What would be the consequences of mandamus ? Is it gonna be approval or denial based off your experience! Im from Afghanistan
The main consequence is that you should get a decision. Whether it will be good or bad, there is no way to know. However, if they cannot approve the decision due to an incomplete security background check, they could deny the case. Then you would go to court, which generally does not have these types of delays (they have other types of delay, but in most cases, once you have the individual hearing, you get a decision). That may be better than waiting in limbo, but that depends on what you want. Good luck, Jason
Could this also mean that those whose IH was meant to be rescheduled due to the pandemic won’t have a new date. This is scary.
Jason have you gotten a new date for any of your client who had a rescheduled IH. My heart is in my mouth.
Some have gotten news dates; others are still waiting. I expect they will be rescheduled eventually. I also expect they will reopen at the end of the month, as things seem to be moving in that direction. We shall see. Take care, Jason
My immigration court was in April-20-2020, and the court rescheduled my appointment in Oct-2022 In Boston MA IC
It’s not fair at all , I was waiting for this appointment since 2017
What Should I do ?
You can try to advance your hearing – I wrote about that on April 20, 2017. However, given all the bad new rules coming from the Trump Administration, you might want to see whether he is re-elected prior to advancing your case. If he loses, there will hopefully be a less hostile Administration that will roll back some of his very negative changes. Take care, Jason
Hi Jason,
I have pending asylum case and waiting for interview since 2015. In the last two years,I was student and did not any source of income here, so I did not eligible to file tax return.do you think this new proposal rule would bar me to get asylum here. I did not have job to file tax and not meet the federal tax threshold for filing tax
The public charge rules do not apply to asylum seekers or asylees, so if you were not required to pay taxes, there is no effect on an asylum case (or on a green card application based on asylum granted). Take care, Jason
Jason, I guess his question is in relation to trumps new rule that you will be denied asylum, if you missed tax filing for even one year.
I think failing to file or working illegally is a negative discretionary factor. It can be overcome, but it is not so easy. This rule, and many others in the announcement, are a major attack on asylum. Some of it seems unlikely to survive a court challenge, but other parts likely will especially in the Supreme Court, which has been very deferential to the President. We will have to see how this all plays out, but it is obviously more bad news. Take care, Jason
Hi
Trump administration just declared that they are going to do a major change in asylum process especially in court proceedings. It not out yet so nothing is clear but as usual it could be more worse. They are saying they are giving power to judges to deny cases even without hearing.
May be Jason can elaborate more on that when it comes out.
Here is the link
https://apple.news/ATrleW3BATWecRCa0R4-yjg
Yes, I just read it. It proposes to bar migrants from applying for asylum if they passed through another country before reaching the U.S. border without asking for protection in that country first. Does it include those that flew in too?
If judges can deny cases without hearing can they approve cases without hearing that should be fair right. God will fight for us
Very good question👍👍
Fairness and asylum law have little in common, unfortunately. Take care, Jason
Here is a link dissecting some of the new measures proposed rule if anyone is interested. Doesn’t look too good..
https://threadreaderapp.com/thread/1270814647965356033.html
I just read it. This is denial for everyone.
How? When he eventually takes away the EADs, asylum seekers will begin to work off the books, and not file taxes.
By working off the books to survive, and not filing taxes, you are disqualified outright, so even if you meet his definitions, and category, you are still doomed.
Unfortunately , We’re the “Asylees” are the weakest people in this country , we are subjected to all kind of political/Religious/Racial/Economical battles in this country, rules/regulations and racism and prejudice, and injustice , This is the real truth , I have been waiting since 2013 to have an Interview and still waiting , I’m Syrian , I feel , I’m subjected to the same oppression as If I was in Syria , Truly I’m not kidding , I already have severe depression and have no one to talk to , I’m a Physician who was seeking to find a better opportunity in this country , I don’t know , Maybe I’m the wrong , I feel deeply saddened , This Administration is fighting Asylees truly , we’re the easiest political battle to win , little tiny Executive order to be signed by the president and we’re all doomed ,anyway it is what it is , I truly think the Judiciary system in this country is unfair , targeting the victims ..
I agree with all this – in many cases, the trauma of the asylum process is worse than the original persecution, since people are kept in eternal limbo, often separated from family members. If you are interested, I did a post on this point on January 9, 2018. Take care, Jason
Vow this is not fair!
I’ve been looking at it. The biggest effects are for people who have a credible fear interview (usually at the border) and who “pass” the interview and get sent to court. They will have reduced due process. There are numerous other effects though (the proposal is like 160 pages long) and there are parts that will affect everyone. We are also waiting for a separate proposal related to work permits. I will try to post something about these in the coming weeks. Take care, Jason
Hi Jason,
My friend had her asylum interview almost a year ago. There has been no word. A friend of hers has a connection to a USCIS office. He asked for information on what is holding this up. There was not specific information (not surprising), but this advice came back:
Have your attorney send an inquiry to the director of the appropriate asylum office. If that does not get action, then call the local House of Representatives person and request a congressional inquiry. If that doesn’t work, then a Mandamus asking for a decision.
What do you think of this advice? It seems risky in this political environment.
As always, thank you for the work you do. Also great article
It is good advice – it may not work, but it should not hurt. We do not email the asylum office director for our inquires. Instead, I just email the asylum office and do not direct it to a specific person. You can find the email address if you follow the link at right called Asylum Office Locator. There is also a link to the House of Representatives and the Senate, and we did a posting about mandamus cases on October 2, 2018. Take care, Jason
Hi Jason,
Remembered you mentioned before but do you have recent cases for asylum Adjustment of Status applicants applying for EAD renewal? Do they need to pay the filling fee or I-485 receipt will suffice?
thanks!
My understanding was that they need to pay the fee. We used to use the I-485 fee and USCIS accepted it, but a couple years ago, they stopped accepting it, and since then we have paid the fee. Maybe something has changed, but I have not seen that. Take care, Jason
You can submit your EAD application together with the I-485 application in lieu for payment. I recently did that and was accepted.
That is good to hear. I will have to review the instructions again to see if there is anything about that in writing. Thank you, Jason
So far I feel threatened by BLM protesters more than by government. And looking by Google Trends BLM movement spikes only for 1-2 months every 4 years just before elections.
And I don’t how was your experience with police in your own countries, but here in US it’s probably first time I felt safe talking to police. Though I join the thought that they should be held responsible for excessive force and brutality.
ALEX, you feel “threatened” by BLM protesters than the government even though you claim in the same sentence that the movement “emerges” every four years for 1-2 months? So we should are about your “2 months” of feeling threatened at the expense of hundreds of years of abuse and injustice meted against a “racial” minority?
First of all, let me shut down your most obvious lie: BLM is only 6 years old; how is that the movement “spikes” every 4 years? Btw, the BLM is always active. It never “goes to sleep” and then “spikes” nearing a general election.Perhaps what you are confusing with this “spike” is Russian “bots” and trolls, posing as Americans, posting incendiaries and misinformation about BLM to excite “racial” tensions and disagreements between and among “races”.
When you said “BLM protesters”, what exactly did you mean? Did you want to say you are afraid of black people protesting against police brutality, or people, including Caucasians, Hispanics, Asians, etc., protesting police abuse of power? For, the last time I checked, people of ALL ethnicity were protesting for redress. Many of these people are not associated with the BLM. Many of them are just regular citizens who have a heart.
Furthermore, since the essence of the article flew right over your head, either because you are one of those asylum applicants who believe you are “not affected” by unfair and unjust treatment by the government because you are not black, or simply because you are an internet troll, please permit me to explain again the objective of the author. The author carefully makes a connection between asylum applicants, or immigrants in general, and the lived experience(s)- police brutalities, many of which are captured on cameras, inequality, disenfranchisement, denial of justice and due process, etc- of a particular “racial” group in the U.S. Inclusion, justice and equality are some of the tenets of the BLM. You know, the same things that you, if you are an asylee or asylum applicant, would want.
The objective of most protests, a right the First Amendment gives, is to bring awareness to, and petition the government for redress, on social and political issues in a society. If they make you feel threatened, or rather uncomfortable, then they are achieving what they set out to do.
Correction: “So we should CARE about your “2 months” of…” (p.1)
Yes Police kills on average 200 black people a year and overly pessimistically speaking 100 of them could be not a threat to police offficers’ life. But how come police is 18 times more likely get shot by a black person? How come 13% of population is responsible for 54% of murders, 60% robberies and that’s only cases that get solved(50% of them at best)? How come 80-90% of thousands of black people homicides annually are committed by another black person?
Wonder what steps were taken by black community to stop modern slavery in Africa? Only by pessimistic ratings from International Labour Office in 2017 there were at least 7,000,000 – 8,000,000 victims of slavery in Africa.
And honestly speaking 90% of people who try to get asylum come from countries where people experienced hundreds years of abuse. In many countries you couldn’t even deflect and run away without putting life of your relatives in danger and prosecution.
I support protests against police brutality and libertarian values, but don’t support safetyism with people getting fired, attacked on the streets, cyberbullied and generally harassed over having a different point of view. I don’t support looting, burning stores of the same immigrants as us, killing people and police officers in a broad day light.
I feel ashamed to root for Joe Biden and at the same time shaking from him saying that only people voting for Democrats are really black. Feeling sick that Democratic party that supported slavery and segregation over hundreds of years has just changed agenda cause it needs black votes to stay in power without offering anything for the black community.
I think we have to wait and see what the Democratic platform says. Joe Biden is moving the left due to political expediency, but that is the system we have, and if some good comes out of it, I will be happy about that. Of course, whether he can win or not, I do not know. Take care, Jason
Alex, allow me to address each of your “points” (all of which are fallacious and inaccurate, to put it nicely).
1. Actually, the yearly average shooting of African Americans by police officers is closer to 240 than 200. By the way, what do you mean by a police is 18 times more likely to get shot by a black person? Where did you get this information from?
“…overly pessimistically speaking, 100 of them could be not a threat to a police officer’s life.” Says who? Or is this based purely on your assumption, or “visceral drives”, given your ostensible racial bias?
Actually, research shows that most mass shootings and killings are committed by “White” men. Besides, armed “White” men are more likely to be “spared” than unarmed “Black” men and women- even when they are mass murderers and armed- when police attempt to make arrests. We are also taking into account “White” men resisting arrest and walking/running away from police, or behaving erratically, and “Black” men resisting/not resisting, and walking/running away or not walking/running away from police. But would I use this argument? Not necessarily. Like your arguments, how does advancing this argument advance the BLM and address the deep-seated issues of “race” and “race” relations in the U.S.?
Furthermore, using population data by itself has been proven to be a fundamentally flawed benchmark for making sense of racial disparities in fatal officer-involved shootings!
2. “How come 80-90% of thousands of black people homicides annually are committed by another black person?” Aside from the fact that this rhetorical question is a gross misuse of statistics and numbers, this question is marred by illogical reasoning. Are you saying that police brutality and killing of a particular “racial” group, even when the “suspect” is clearly unarmed and not resisting arrest, is justified because of “black-on-black” crime? According to your reasoning, or lack thereof, George Floyd’s and Breanna Taylor’s deaths are justified because black communities tend to have higher levels of crime?
Are you saying that “Black” people and “Black” children who have the police called on them, and sometimes ending up getting killed by the police, because they are bird watching, standing on their own lawn/mowing their own lawn, sleeping/reading on their university campus, walking home, trying to go into their own apartment, selling water or lemonade, attempting to make a delivery, getting shot and killed in their apartment by the police while they sleep or watch TV, barbecuing in a public park, shot and killed in their own apartment because someone thinks s/he was in his/her apartment, or shot and killed because of a simple traffic violation, etc. because there is “black-on-black” crime? Do you even realize how ridiculous you sound?
I believe the journals below, under my “sources”, attempt to explore and explain the relationships between, and among, the current social issues, economic inequality, the vestiges of slavery, Jim Crow laws, systemic, structural and systematic racism, disenfranchisement of African Americans in the form of “voting rights laws”, redlining, gerrymandering, destruction of “Black” “Wall Street”, etc. I can assure you that if you take the time to read the journals and articles below (these are just a few that I am aware of) you will have a better understanding (hopefully) of why there are higher crime rates in African American neighborhoods, and thus the need for them to be overly policed. These should answer your rhetorical questions.
Instead of fixing the issues- which, again, the BLM is advocating for- they, the powers that be, continue to place band aids on these sores, thereby allowing these sores to continue to fester underneath. These sores sometimes manifest themselves, for example, in racial profiling and disproportionate and indiscriminate killing of unarmed “Black people” (since you keep referencing “Black” men and ignoring the fact that killing of unarmed “Black” women and children is also rampant in the U.S.). They may also manifest themselves in “run-down” neighborhoods, under-resourced schools, lack of employment, and ultimately over policing, police killings and crimes.
The above is supported by Boston University School of Public Health scholar Michael Siegel who found that connection in his study last year, which analyzed data on police killings between 2013 and 2017. States that have higher rates of racial segregation, incarceration, educational attainment, economic disparity, and unemployment also tend to have higher levels of police violence against African Americans.
The term shooting bias, also known as “shooter bias”, is a form of implicit racial bias which refers to the tendency among the police to shoot black civilians more often than white civilians, even when they are unarmed. According to the Washington Post (2020), having complied their database from the FBI’s database, “Since The Post began tracking the shootings, black people have been shot and killed by police at disproportionate rates — both in terms of overall shootings and the shootings of unarmed Americans.”
According to citylabs.com: “In the U.S., African Americans are 2.5 times more likely to be killed by police than white people. For black women, the rate is 1.4 times more likely. For instance, according to the New York Times (2020), Minneapolis Police Use Force Against Black People at 7 Times the Rate of Whites (this is just one of the many examples of police harassment, brutality and over policing of “Black” and “Brown” people).
That’s according to a new study conducted by Frank Edwards, of Rutgers University’s School of Criminal Justice, Hedwig Lee, of Washington University in St. Louis’s Department of Sociology, and Michael Esposito, of the University of Michigan’s Institute for Social Research
3. “…pessimistic ratings from International Labour Office in 2017 there were at least 7,000,000 – 8,000,000 victims of slavery in Africa.” Even if this were true, what does this have to do with police brutality and social and economic injustices against African Americans IN THE UNITED STATES OF AMERICA (the most advanced country in the world that supposedly has a well-functioning democracy?). Other “Black” people are being enslaved in Africa therefore the U.S. police, who by the way, African Americans contribute to their salaries in the form of taxes, have the right to racially target them and kill them when they are unarmed and not resisting arrest? Besides, what makes you believe that the BLM is not international and instead limited to the U.S.A.?
4. Again, when you say things like: “I support protests against police brutality and libertarian values, but don’t support safetyism with people getting fired, attacked on the streets, cyberbullied and generally harassed over having a different point of view. I don’t support looting, burning stores of the same immigrants as us, killing people and police officers in a broad day light..” Are you conflating these actions with the BLM, or are you saying that these actions are confined to black people? What exactly is your objective when you mention this? Are you saying the objectives of BLM are to cyberbully people, attack people on the streets, and harass people because of their opinions? Did you even read up on BLM?
5. I am not sure what your objective is when you say: “And honestly speaking 90% of people who try to get asylum come from countries where people experienced hundreds years of abuse. In many countries you couldn’t even deflect and run away without putting life of your relatives in danger and prosecution.” A part from the fact that this is misuse of statistics, I am not sure what this has to do with the BLM.
6. I honestly don’t care what you think about Joe Biden. That has nothing to do with the BLM.
7. You should seriously read up on the history of the Democratic and Republic parties.
At the end of the day, Democrats today hold substantially different political ideologies than the Democrats decades ago. What is important, though, is that the current Democrats’ ideologies more closely align with that of the BLM. What is unfortunate, however, is that a particular political party, given what history teaches us and what we know, seems to be on the cusp of, or seemingly devolving into, monarchy, and one whose ideologies seem to mirror that of 1930s Nazi Germany. The foregoing, unfortunately, does impact the BLM- and to a larger extent “Black” and “Brown” people who are trying to immigrate to the U.S.
SOURCES:
https://psmag.com/economics/slaverys-legacy-race-based-economic-inequality-83854
THE IMPACT OF SLAVERY ON 20TH-AND 21ST-CENTURY BLACK PROGRESS
https://web.stanford.edu/~avidit/slavery.pdf
https://voxeu.org/article/historical-roots-inequality-evidence-slavery-us
http://web.utk.edu/~mwanamak/Intergen_NBER.pdf
https://daily.jstor.org/the-devastation-of-black-wall-street/
https://sociology.yale.edu/sites/default/files/pages_from_sre-11_rev5_printer_files.pdf
https://www.tandfonline.com/doi/abs/10.1080/0735648X.2018.1547269?journalCode=rjcj20&
https://www.citylab.com/equity/2019/08/police-officer-shootings-gun-violence-racial-bias-crime-data/595528/
https://www.nytimes.com/interactive/2020/06/03/us/minneapolis-police-use-of-force.html
I am sorry. Please excuse the grammatical and typo errors in my responses. I haven’t been able to look them over because of working while expressing my frustration. The errors probably cause the responses to be difficult to read or understand.
I always find your responses very understandable and interesting. Take care, Jason
Indeed, we asylum families have to support BLM movement. Thanks for what you’re doing, Jason.
Any word about the reopening of US Embassies for the routine Visa’s? The visa interview for my family get canceled two days before their appointment because of the virus. This made me sick without knowing the ‘when about’. Thanks dear Jason.
I have not heard about that, but I think they are starting to reopen. You might check the embassy web page to see whether they posted any info about reopening. My understanding is that they will contact people to reschedule interviews, but I would email the consular section to try to follow up and move things along. Good luck, Jason
With all due respect . Before advancing our opinion about BLM in the US, we should go back and take a US history class. We should know and understand what African-Americans have been through , how laws and amendments were implied against their freedom. Well recent immigrants say that the USA is a land where everyone can succeed , but that has never been the case and first learn what is holding them back . So we who immigrate here dont understand what is holding them back from Being like everyone, thinking like us and try to prosper and have a better life , we think they are just lazy and stuff but that is not the case . They system is built against them since day one. So please guys before your jump into conclusion , do your Own research first
Hi Jason,
As an African immigrant who has a perspective of life outside the country, I do feel differently about the movement. I support 100% equality for all aspects and all human beings. However, I feel like a lot of Native-born Americans do not have a proper perspective of issues. Is life perfect in the USA? Obviously not. However, it is much much better than most parts of the world. As an African, I can tell you that blacks have it much better in the USA than in any part of the world including Africa. Yes, there is cultural and ethnic strife in Africa which results in bigotry (a form of racism) way worse than here in the USA. Why do you think a lot of African immigrants come to the USA? Most first-generation Africans will tell you that the bigotry they find here is much less comparatively than back home or in any European country. Are things all rosy? Obviously not. Is there racism? Yes. But the system is built in such a way that if you are willing to put in the work, you can prosper. Should there be changes for the better? Yes, of course. But the narrative that the US is a racist, sexist society of people who find every opportunity to oppress blacks is a BIG FAT LIE. Unfortunately, the current situation looks like an ugly political movement to throw the country chaos. Also, anyone who lived in a socialist/communist country will tell you that the first step to take control over you is to make you feel like a victim and then act your only savior. Before you know it, you get indoctrinated and become dependent on them. Some people will call me a white Tom but I don’t care.
I urge everyone, especially immigrants to refuse to follow the herd mentality of everyone jumping on this bandwagon and think and evaluate for yourself. Also, please please do not get involved in the gatherings. These can get violent anytime, cause a stampede causing injury. If you get stuck with a felony riot charge, the American citizens will get off but you will end up in removal. Also, dont forget the risk of Covid and transmitting it to your family/community.
God bless all and stay safe.
With all due respect . Before advancing your opinion about BLM in the US, you should go back and take a US history class. You should know and understand what African-Americans have been through , how laws and amendments were implied against their freedom. Well recent immigrants say that the USA is a land where everyone can succeed , but that has never been the case and first learn what is holding them back . So we who immigrate here dont understand what is holding them back from Being like everyone, thinking like us and try to prosper and have a better life , we think they are just lazy and stuff but that is not the case . They system is built against them since day one. So please guys before your jump into conclusion , do your Own research first
This is an important perspective – Thank you. While I think that the situation is worse in many/most other places, it does not mean that we should not be working to improve the situation here. I do not think the people who have initiated the movement are protesting for nothing. They and their community are suffering the effects of centuries of racism and that problem has never really been addressed in a way that takes into consideration the views of the Black community itself. I also don’t think BLM is a coherent movement seeking political power (in contrast to the Trump-ian movement). Rather, it is a bottom-up movement seeking social change (though certainly, politicians will seek to take advantage of that, but if they help improve the situation in the process, that is not necessarily a bad thing). As I mentioned in the article, I do not support everything BLM stands for, but I do support the broad movement for social justice and reform. I also think immigrants–particularly immigrants of color–have a lot to contribute to the conversation on this subject. The “outsider” perspective has always been very important (I’m thinking of you, Alexis de Tocqueville), and so I hope you will keep contributing to the conversation. Take care, Jason
Thanks Jason for your positive reply. Yes, I agree that we need changes. Most people will agree with that. But removing police is not the answer. Let’s remember that the reason the police presence has increased in america is because of the increase in crime, especially violet crime. This country has the most violent crime in western world. If the crime reduces over time the police presence will automatically reduce. It’s like anti virus software which came into existence because of the persistent increase in viruses. If you remove anti virus software and the viruses still exist, your computer will crash. The moment we remove the police without reducing the crime, the criminals will take over and become de-facto police in the society like it happens in Central America where the cartels run the society. If people need justice, they go to the cartel. Also as a black person, it’s not just blacks who are subjugated over years. What about Jews? Hispanics? Colonialism? If we start digging the corpses of history then the society will further divide and not heal.
God bless.
Although there are calls to “defund the police,” it seems that the majority who call for that simply want to shift resources to prevention. Of course, they should better make that point, as there are not many people who want to eliminate the police. I certainly do not, though I do agree that we do not need such a militarized police force and that we should be much more focused on positive intervention in order to hopefully reduce crime in the first place. Take care, Jason
First of all, you are not black (“MWANG”).
Second, you completely misunderstand what it means to “defund” the police (I can’t make up my mind if I should blame you for this one). It’ probably the media’s fault, or your willful ignorance.
Third, black people experience, and continue to experience, the most atrocious of crimes against humanity. How dare you compare Central American crimes to chattel slavery, lynching, amputations, rape, imprisonment, permanent separation of you child from you to be sold into state-sanctioned slavery, slashes that disfigure body, burning of bodies and personal possessions, being considered 3/5 of a human being (treated as property as opposed to a person), forced to kill or whip your own family member, branding, shooting, working for 15 hours/day in the elements for free, denied the right to religion, assembly, voting, citizenship, etc.?
Nothing the Asians experienced can come remotely close (and forgive me for making comparisons on atrocities. All atrocities are band and should be seen as that).
However, the only people who should make a comparison are probably Native Americans and Jews. Jews, on the other hand, have assimilated a lot better into the American society- perhaps because of their skin color/their tendency to be well-off financially (I am not assuming that all Jews are “White”nor am I saying that all Jews are wealthy). Jews continue to face discrimination nonetheless- especially at the hands of private actors. However, “Black” Americans and Native Americans continue to be denied their rights by the government. In many instances, there is systemic oppression, social and economic injustice, and wide-spread disenfranchisement.
Furthermore, your “what-about” argument is tired and worn.
Correction: “All atrocities are bad and should be seen as that.” I make a lot of typos when I am angry and typing.
This reminds me of something Elie Wiesel once say (and I must paraphrase): Do not make comparisons between different peoples’ suffering. It is impossible to compare, since we cannot live the experience of each person. That is why it is so important to listen to each other. Take care, Jason
I had obviously expected such a comment attacking me and accusing me of being white. I can reply but it will cause more sour feelings so I won’t. As I said at the end of my first post, people can evaluate the movement and decide for themselves and also consider the health and immigration (arrest/detention) consequences of their participation in the mass gatherings. God bless all.
Nwang, Jamie accused you of not being black, and you let that slide?
I submit that you are indeed not black, or are you?😜
Tina: I was raised to consider myself as a human being first and look at others in a similar way. Yes, I let it “slide” because I realize that anger is neither a good emotion nor does it lead to anyone’s well being. I’m originally from an East African country so I’d assume I would be black and look the part as well. Of course if you expect every minority to behave in a certain stereotypical way or believe in things that you think they should believe, I’m sorry to disappoint you. This is my last post related to this topic as the discussion is needlessly getting toxic. God bless.
You answered my question Mwang.
Thanks!
Dear Jason:
Thanks for everything you do for all of us, we appreciate you.
Do you think it’s now the time to expedite my case ? I have all the records, and dr letter in regards to my health situation. Actually, I believe it should be a good reason too for my case to be expedited. However, I need your opinion for it. I was waiting for Asylum office reopening.
The asylum offices reopened last week. Whether now is a good time to expedite, I do not know. I kind-of doubt it, as they are just reopening and trying to figure out the “social distancing” interviews. My guess is that this will take some time to sort out, and until then, there may be very few cases interviewed. On the other hand, maybe the messy situation will somehow make it easier to expedite. My thought is to wait for a few months, but I really do not know, and so maybe you want to try now and see how it goes. If it does not work, you can try again in a few months. In general, it is never easy to expedite and depends a lot on luck. Take care, Jason
Hi Jason,
I have a question about derivate asylum. I am the principal applicant and my husband was included to my application prior to the interview. I was approved and we both received approval notice and new EAD cards. Do I still have to apply for any petition for him or we both can just apply for green card when the time comes.
Thank you
If he was with you at the interview and asked the “bar” questions (are you a criminal or a terrorist, etc), and if he now has an a-5 EAD, he was a dependent on your case and now has asylum too, as your derivative. He should be eligible to apply for the GC one year after he got his derivative asylum status, the same time as you will be eligible. Take care, Jason
Thank you Jason. God bless you
Jason,
Have you heard anything about a potential Presidential Proclamation that can be issued this week? Basically, it will suspend entry to H1B visa holders but, most importantly, can contain some language about “eliminating work authorization for asylum seekers, asylees, those with TPS, and refugees.”
They want to put max negative effects on immigration system because they believe they have a very short time.
He will have to get us on welfare while we wait for our cases to be heard if he stops giving us EADs while we wait.
If that happens, you can be sure they will complain about how asylum seekers use welfare. They are ingenious. And very gross. Take care, Jason
The language I saw is this: “Possible rescission of employment authorization for asylees, refugees, and TPS holders that would face significant legal hurdles.” This is not anything from the White House, but is based on intelligence gathered by immigration advocates. I take the last part (“that would face significant legal hurdles”) to mean people who filed for asylum after the one-year deadline, but of course, there is no way to know until they issue the rule. We will hope for the best, but the WH’s cruelty seems to have no limit. Take care, Jason
Jason,
I think if he begins to take away EADs, I will conclude that he has no heart at all.
What will be the reasoning behind that? To save American jobs?
The reason is to treat non-citizens cruelly. Some in the administration are anti-immigrant ideologues, who simply want to stop all immigration (especially from countries other than Norway). Others may view it as politically expedient. I suppose the pre-textual argument will be that depriving asylum seekers of EADs will allow US citizens to get those jobs, but it is a weak argument. First, asylum seekers have a lawful right to be in the US, and so they need to survive. Second, there are not so many of them that they are taking many jobs. And third, we know that overall non-citizens contribute more to the economy than they take, and so it is unlikely that blocking people from working legally will create new opportunities for Americans. It will more likely further damage the economy and reduce opportunities for everyone. All that said, I do not know that they plan to block all asylum seekers from getting EADs. My suspicion is that they will target people who filed after the one-year bar, but we will see. I would put nothing past the people in this Administration when it comes to harming non-citizens. Take care, Jason
Dears
Trump tried to eliminate Daca in 2017 ..his decision was blocked from a federal judge .. if he tries to eliminate EADs for asylum seekers it will be blocked .i always rely on the fair good judges ..
Unfortunately, the statute specifically allows the Administration to eliminate work permits for asylum seekers, but there are still basis for a lawsuit to block that. In any event, we will have to wait to see what happens, as we do not yet know. Take care, Jason
NM, do you have a link to any article for this?
I am almost having a heart attack.
I saw it in a blog run by a firm that specializes in immigration cases. Not sure if Jason will allow the link.
I think it originally comes from the American Immigration Lawyers Association. It is a reliable source, but they indicate in the email that they are uncertain and that we have to wait for the proclamation (“things are changing all the time and no one knows what truly will be the scope of any proclamation”). This is one of many situations where we really need to wait to see what actually happens. The purpose of the AILA email was to alert practitioners and to ask them to use their contacts to try to mitigate the damage. Take care, Jason
Thank you, Jason.
In the last one which was issued in April 22, 2020, they specified (section c): ” Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protetion under the convention against torture and ither cruel, inhuman or degrading treatment or punishment consist with the laws of the United States”
EAD for an asylum seeker is a privilege, so he can easily rescind it. Let us hope he thinks about the massive cruelty the decision will unleash on the lowest part of his world.
Its not quite clear that that allows people who already have asylum to re-enter the US. I think that is what most people believe it means, but to me at least, it is not completely clear. Take care, Jason
Last Sunday, ESPN had a documentary on the life of Bruce Lee. There was a lot of discussion of the racism the Chinese encountered during the last century, but also about how they were viewed as higher in the hierarchy than Blacks, and how Bruce recognized this and supported the pro Black movement.
Great post Jason.
Thanks – in that post, I was thinking of the Chinese Exclusion Act of 1880 (or so), which specifically discriminated against immigrants from China and their decedents. Take care, Jason
Black Lives Matter is a terrorist, racial, dividing group of low-reaching, ignorant and wanting individuals. You make me sick that you support them.
You are such as a**h*le. Do you have any evidence of your claim that black lives matter is a terrorist group? You despicable piece of shit….go get some education, you racist. There will always be some horrible people in the midst of kind hearted people. Your comments make me sick either. It is because of people like you that we are where we are today. Thank you for speaking out, Jason.
I think it is kind of funny that you put asterisks in “a**h*le”, but wrote out “shit”. Take care, Jason
How are you even on this site, Mac or whatever you call yourself?
As John Stuart Mill says, When you hold a strong opinion, you should seek out the opposite of that opinion and fairly consider it. Either you will abandoned your old view, modify your view, or strengthen your view. That takes courage and intellectual honesty, and these days, it is a moral imperative. It is hard for me to believe that if you actually looked at what BLM believes, you would express that opinion. Take care, Jason
Part of the problem.
Thanks for sharing.
You are on point.