All the Bad News that’s Fit to Print (Updated 06/17/20, 06/18/20 – and it ain’t all bad!, 06/19/20)

[Updates to this post will appear at the bottom of the article]

There is an overwhelming amount of bad news these days. You’ve probably heard about the coronavirus pandemic and the upheavals caused by racial injustice, but in the last couple weeks, there has also been a flurry of bad news in immigration-world. We could spend months dissecting all that has happened, but here I just want to alert you to the highlights (or low-lights) of recent developments. Without further ado, then, let’s get this over with–

(1) The Administration has proposed sweeping new regulations that would dramatically impact asylum seekers. The main targets of these changes are (as usual) asylum seekers from Central America and Mexico–people fleeing gang violence and domestic violence–and people arriving at the Southern border and requesting asylum. But the proposed changes affect all asylum seekers. For an overview, see this brief article and this more detailed analysis, both by Aaron Reichlin-Melnick.

The new rule seeks to block asylum seekers who passed through a third country to reach the U.S., who failed to pay taxes or worked without authorization, and who have more than one year of unlawful presence in the United States. It also allows judges to “pretermit” (deny) asylum cases where the applicant has not set forth a prima facia case for asylum (this will be a particular problem for pro se applicants, who may not know how to articulate a valid claim). The regulation also narrows the definitions of “particular social group” and “political opinion” in order to more effectively block people who face violence from non-state actors. Further, the regulation raises the bar as to what constitutes “persecution” under the law, and encourages denying asylum based on discretion. Many of these rules are meant to affect people who have already filed for asylum, and could not have known about these burdensome new regulations when they asked for protection. While my take on all this is not quite as negative as that of Aaron Reichlin-Melnick (I don’t think everyone who passes through a third country will be barred), there is no question that, if implemented, these regulations will block many otherwise-eligible applicants from receiving asylum.

With all the bad news, I thought we could use a photo of a funny monkey. Take a moment to enjoy. And then keep fighting.

One last point: These regulations are not yet in effect. There is a 30-day comment period and the regulations would go into effect sometime after that, assuming they are not blocked by a court. In the mean time, you can submit comments here (use reference number “EOIR Docket No. 18-0002”). Apparently, if more people comment, it will help delay the implementation of the rule, so please consider submitting a comment.

(2) Due to a massive budget shortfall, USCIS is set to furlough over 70% of its workforce by the end of July. The agency claims that its financial problems are due to the coronavirus, but most observers (including me) believe that the main reason is the Trump Administration’s anti-immigration policies, which have blocked or discouraged many people from seeking immigration benefits. Since USCIS is 97% funded by user fees, the dramatic drop in applications has left the agency broke. It’s hard to imagine how cases will move forward if so many workers are laid off. This means we can expect even longer delays for work permits, green cards, naturalization, adoptions, work visas, and many other types of immigration benefits. Exactly which services will be effected, we do not yet know, but it appears that USCIS has already suspended processing of most green card applications. Worse, the departure of so many experienced employees will likely result in long-term damage to the agency.

USCIS publicly claimed that it requested $1.2 billion from Congress and that it would pay back the money by increasing user fees by 10% (on top of other proposed fee increases). However, as of last week, “the Trump administration had still not made a formal request for any emergency funding.” One knowledgeable USCIS employee I spoke with believes that the Administration has no intention to request the money or save the agency. She believes that destroying USCIS is part of the Administration’s plan to cripple our immigration system.

You can sign a change.org petition to demand that Congress fund USCIS, so it can continue its mission.

(3) An Office of the Inspector General report revealed that the Executive Office for Immigration Review (“EOIR”), the office that oversees the nation’s Immigration Courts, had substantially mismanaged its budget for FY 2019. The OIG investigation was initiated after EOIR Director James McHenry sent an email inaccurately characterizing the state of the agency’s budget. The report found that “EOIR leadership failed to coordinate effectively with its budget staff,” that the agency failed to anticipate the cost of court interpreters even though it had the necessary information to project those costs, and that “miscommunication across EOIR” led leadership to miscalculate its expenses. The National Association of Immigration Judges (the judges’ union) characterizes the situation at EOIR as follows–

The mismanagement uncovered by OIG in yesterday’s report is only the tip of the iceberg of persistent systemic and structural failures at EOIR. EOIR has failed to implement an electronic filing system, failed to properly hire judge teams as instructed by Congress, failed to secure adequate space to properly run the court and has persistently shuffled immigration judge dockets resulting in the unprecedented backlog of over 1 million immigration court cases.

The judges also reference a recent TRAC Immigration report, which indicates that data released by EOIR about grant rates in Immigration Court is “too unreliable to be meaningful.” TRAC notes that “EOIR’s apparent reckless deletion of potentially irretrievable court records raises urgent concerns that without immediate intervention the agency’s sloppy data management practices could undermine its ability to manage itself, thwart external efforts at oversight, and leave the public in the dark about essential government activities.”

(4) Speaking of EOIR, in a court-packing move that would make FDR blush, Director McHenry offered buyouts to nine BIA Board Members appointed prior to the Trump Administration. Though the agency denies it, this was a clear effort to further stack the Board with Members favorable to the Administration’s agenda. Indeed, the move follows an earlier decision to elevate six Immigration Judges with unusually high asylum denial rates to the Board of Immigration Appeals. For more on the politicization of the BIA, check out this posting by Judge Paul Schmidt, a former Chairman of the BIA with first-hand experience of an earlier purge at EOIR.

(5) We have been hearing news on our immigration lawyer list serves about a possible expansion of the non-immigrant visa suspension and an additional attack on asylum seekers. Nothing is known for sure, but it seems the Administration is planning to ban some non-immigrant visas (H-1b, H-2b, L-1, and certain J-1 visas) for a limited period, and to limit OPT for F-1 students. Also, we are hearing about the possible “rescission of employment authorization for asylees, refugees, and TPS holders that would face significant legal hurdles” (the quote is from my list serve; it is not an official announcement, and it is strange, as asylees and refugees are entitled to a work permit under the law). We do not yet know what this means, but my best guess is that the Administration will try to block EADs for asylum applicants (not asylees) who have a one-year bar issue.

(6) While this is not (yet) bad news, we are anticipating a decision in a Supreme Court case where the Trump Administration is attempting to end DACA (Deferred Action for Child Arrivals), the Obama-era program created to protect from deportation certain people who arrived in the U.S. as children. As many as 800,000 people could be effected. Given how the Court has ruled in past immigration cases, I’m not optimistic about the result, but we will have to wait and see. I’ve written about asylum for DACA recipients here, though the new proposed asylum rules would greatly reduce this already difficult option. 

(7) Education Secretary Betsy DeVos issued a rule barring colleges from granting coronavirus relief funds to DACA students. While Secretary DeVos claims that she is simply following the law as written by Congress, it seems that the law could have been interpreted to help the DACA students (and a substantial number of Congress people have protested the Secretary’s move). Since the pattern of this Administration is to harm the weak and vulnerable, it’s not surprising that Secretary DeVos interpreted the law in a way to exclude these students. The Secretary’s decision is the subject of a lawsuit, and so we will see what the courts decide.

Oy vey, That is more than enough for now. We can hope that courts will block some of these rules, but we also need to work to prevent a second term for this Administration, which has consistently lied about and attacked non-citizens and other vulnerable people. En la lucha! 

Update from 06/17/20

AILA [American Immigration Lawyer Association] has been in contact with USCIS, Hill staff, and reporters to obtain additional information on USCIS’s current guidance for the processing of adjustment of status applications. From what we have surmised, the hold on adjustment of status cases applies to cases that are pre-processed by the National Benefits Center before being sent to local USCIS field offices and specifically the following cases:

  • “I-485 interviews”; and
  • “I-485 interview waiver cases not already distributed”.

However, “emergent or sensitive” cases, such as those related to COVID-19, may be referred by officers to leadership to determine if the cases can move forward. It is also important to note that some adjustment cases are adjudicated by SCOPS (including for example, asylum, diversity visa, EB-4, T, U and VAWA cases).

Based on member reports, adjustment of status applications continue to be approved in instances where interviews have been waived. Therefore, the “hold” seems to be in reference to those cases that require in-person interviews before a final decision can be issued.

A hold on adjustment of status interviews could appear to be consistent with the information that USCIS has released concerning its phased reopening of in-person services. Although USCIS began reopening field offices for non-emergency services on June 4, 2020, the agency announced that “offices will reduce the number of appointments and interviews to ensure social distancing.” As local USCIS field offices begin reopening, USCIS has prioritized in-person services for naturalization oath ceremonies and naturalization interviews and continues to handle emergency services. AILA expects that as more social distancing protocols are lifted, USCIS should begin resuming other types of interviews and appointments.

However, given the hold on “interview waiver cases not already distributed” it seems to indicate that USCIS has stopped actively making interview waiver determinations and adjudicating those cases. Based on conflicting reports we have received it is unclear whether this is a temporary pause on interview cases or on all adjustment of status cases at field offices.

Update from 06/18/20

First, the good news – The Supreme Court, in a 5-4 decision, has blocked the Trump Administration from ending DACA, thus (for now) protecting hundreds of thousands of people. The basic reasoning is that the Administration failed to follow the proper procedures needed to end the program. In short, the Administration’s maliciousness was defeated by its incompetence. This is a fantastic decision, and it shows that it is possible to defeat the Administration, even in the Supreme Court.

The other news is that we are receiving more information about the Administration’s plan to block asylum seekers from obtaining a work permit. There is still nothing official, but reports indicate that people who entered the country without inspection or who filed for asylum more than one year after arrival will be blocked from receiving an EAD while their asylum case is pending. Again, this has not been implemented or even officially announced, so we will need to wait for the actual proposal. 

Update from 06/19/20

New regulations, which will officially be published next week, basically signal that USCIS will be taking longer to adjudicate EADs for people with pending asylum cases. I will review these after they are published, but it seems unlikely to make a big difference, given how unpredictable processing times already are.

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310 comments

  1. Hi Jason,

    I have done my interview back in Nov,2019 not granted Asylum yet but since last week my status in site has been changed, it is saying interview completed in Jun,2020 despite I had it on Nov,2019 and when I sign in my USCIS Account since last week it changed from DECISION PENDING to Your application with USCIS is still pending, so could you please advise if there is a good news in it for me? if yes! so any idea why it is still pending??

    I have done my interview in asylum office Nov,2019 then created an account in USCIS website, when I checked my account until last week, it was saying that DECISION IS PENDING but since last week it is saying that your interview completed on June,2020 and saying now your APPLICATION IS PENDING so coule you please tell me what happened, if they took a decision and what application pending does mean to you after more than 6 month past of my interview?
    Thank you
    God Bless You

    Reply
    • 6 months is nothing.Relax!
      We’ve been waiting for 2 years for a decision.And Nothing yet. I thought that as they were not conducting interviews they would make decisions,but nothing.
      God will fight for us.

      Reply
  2. Don’t worry- be happy like the song 😛

    Green Card Halt- resumed as regular procession. Phew! No more additional delays.

    https://www.rollcall.com/2020/06/17/immigration-agency-resumes-processing-u-s-based-green-cards/

    Reply
  3. Hi Jason,

    I have done my interview in asylum office Nov,2019 then created an account in USCIS, when I checked my account until last week, it was saying that DECISION IS PENDING but since last week it is saying that your interview completed on June,2020 and saying now your APPLICATION IS PENDING so coule you please tell me what happened, if they took a decision and what application pending does mean to you after more than 6 month past of my interview?
    Thank you
    God Bless You

    Reply
    • I do not know what the difference is, or even if these messages indicate anything about your case. It is very confusing, and it would be helpful if USCIS provided more detailed explanations about their various messages. You may want to contact the asylum office directly to ask them about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  4. Hi Jason,

    Please is there a particular form police report must take? I got a police report from my country and my Lawyer claims it is probably not in line with what’s acceptable.

    Reply
    • I never heard of such a thing. If it is a police report, it should work. Some reports are more detailed than others, but as long as it is from the police, it should be usable. Take care, Jason

      Reply
  5. Yayy!!!! 🥳🎉🎊

    DACA is legal …….

    Reply
    • I am beyond excited! Dacaaaaaaa! Shame on haters!

      Reply
    • It’s terrific news. And I am going to take some credit, since I predicted the Supreme Court would go the opposite way, I helped avoid a jinx and caused the court to rule to protect Dreamers. Your Welcome, Jason

      Reply
      • Dear Jason
        do you think that the supreme court would go the opposite way also regarding the new rules about the asylum?

        Reply
        • I don’t know. In general, the Supreme Court has been very deferential to the President on immigration, so the DACA decision is a surprise (at least to me, but I think also to many immigration lawyers). The new regs have some provisions that are problematic (for example, using “discretion” to try to deny many cases that would be approved under the law – essentially subverting the intent of the law), and so I think there are grounds to challenge the news regs. We will have to see, as these things seem to be unpredictable. Take care, Jason

          Reply
      • Master Jason,
        I need a positive prediction too, Haha 😂😂

        Reply
  6. GOOD MORNING ALL! WE STILL NEED AROUND 500 SIGNATURES FOR OUR PETITION FON CONGRESS TO FUND USCIS PLEASE SIGN IF YOU CAN > https://www.change.org/p/mitch-mcconnell-demand-congress-fund-u-s-citizenship-and-immigration-services?signed=true

    USCIS IS THE BACKBONE OF IMMIGRATION , THE FURLOUGH OF THOUSANDS OF EMPLOYEES ONLY MEANS DEVASTATION TO THE IMMIGRATION SYSTEM AND MORE ADDED WAITIME . ALSO CONTACT YOUR CONGRESSMEN

    Reply
    • Please sign – I did. Thank you for sharing, Jason

      Reply
  7. Hey Jason, thank you for your useful help. I have a question , I just want to know if my application for adjustment for green card as an asylee dependant is being procing by uscis ans me and my wife get divorced what will happen to my case ?

    Reply
    • If you get the GC before you are divorced, you are fine. If you get it after the divorce, there is a problem, as you lose your asylum status as soon as you are divorced (since you are the dependent) and are thus not eligible for the GC. In the past, when this happened, USCIS would contact you and have you file a “nunc pro tunc” asylum application, which is a process where you apply for asylum yourself and end up with your own asylum. This process is basically a formality and should not be an issue, though it will delay the GC. However, now-a-days, USCIS seems to deny the GC for people who are not immediately eligible, so they might deny the GC. Then, you would have to apply for nunc pro tunc asylum, get it (which again, should not be a problem, though it takes time), and then re-apply (and pay again) for the GC. Take care, Jason

      Reply
      • Thank you Jason for your response. If I am not mistaken, will I get the green card if I get divorce while the uscis is processing it ? Cause I didn’t get it yet .

        Reply
        • Until you have the green card, you are an asylee. If you get divorced before you get the GC, you lose your asylee status (as a dependent). Hopefully, the divorce can be delayed until you have the GC. Take care, Jason

          Reply
  8. ATTENTION EVERYONE AND ALL IMMIGRANTS …… please sign the petition for Congress to help USCIS https://www.change.org/p/mitch-mcconnell-demand-congress-fund-u-s-citizenship-and-immigration-services?source_location=topic_page
    Don’t be afraid to sign . CONTACT YOUR LOCAL CONGRESSMEN AND CONGRESSWOMEN ! THEY HAVE WEBSITES YOU CAN WRITE THEM A LETTER AN DEMAND CONGRESS TO FUND USCIS ! REMEMEBER our future is AT RISK if USCIS collapses . PUSH , PUSH MAKE YOUR VOICE HEARD , WE CAN ALL DO THIS . Thank you

    Reply
  9. Hi Jason,

    Can you please provide a template to write a petition and letter to local congressman.

    Thanks
    Rick.

    Reply
    • I hope to do that – I am waiting for a model letter from one of the immigration advocacy groups, but in general, this website provides good advice about how to write a letter: http://vop.org/gallery/write-your-representative/. It is best if the letters are personal and not boilerplate, and in that sense, there is no real model. For people who are refugees/asylum seekers, information about their personal experience and reason why they came to the US is helpful. Also, if you speak to friends and family members who are US citizens, and get them to send letters, that is very helpful. Take care, Jason

      Reply
      • Jason,
        Will our letters be confidential?

        Reply
        • Everything you submit to the asylum office is confidential. Take care, Jason

          Reply
          • No, I meant the personalized one to a member of Congress.

  10. Hi Jason. i am Asylee. My Family got YY visa from us embassy in my conutry.They conducted interview in March but handed over passports on june 14. Last date is September 2.
    Now Adays Flights are cancelled from my country to USA. They will try to reach in time. But if Flights not come before September 2 then what will happen? How we can extend the period?

    Reply
    • I am not sure – I did a post about the I-730 process in December 2019, and there is a link in that post to a very helpful I-730 manual. That may have some information about extending the travel document. Also, you might contact the embassy that issued it to ask. Finally, as many people are affected by the pandemic, maybe there will be some type of blanket extension, but I have not heard anything about that yet. I guess you are doing your best to get here before September 2, and hopefully, you can do that, as it would be easier than trying to extend the document. Take care, Jason

      Reply
  11. Mister Jason . I already did my part , I signed the petition and contacted my local congressman . Can you please contact yours too and advise your colleagues to contact the Congress , write formal letters demanding and pushing for USCIS funding so that immigration doesn’t hurt more than it already is hurting . I’m sure you know more but I am asking for your help as I hate to see hundreds of thousands suffer because of the recklessness of a few (the current administration)

    Reply
    • There is a large and ongoing effort by the advocacy community to fight against these bad rules – by contacting Congress, informing the public, and filing lawsuits. I am trying to do my part as well. Everyone who cares about these issues should be doing that too. Take care, Jason

      Reply
      • Jason, thank you so much for doing this! Brings tears to my eyes. Not all heroes wear capes. You are an unsung hero for the asylum community.

        Reply
        • How do you know I don’t wear a cape?

          Reply
          • Haha Jason, good one! 🙂

  12. Got my grant recently. Best wishes to everyone. Thanks to Trump for making my life miserable over the past few years. Since he assumed office, everyday, I had to endure horror stories. I am still in the back of my mind afraid he will do something to impact my adjustment of status application down the road. He is one heck of a fickle leader.

    Jason, this site has been super-helpful in helping myself and a lot of others stay informed. God bless you!

    Reply
    • Congratulations on the grant! I doubt there will be any problems about the adjustment, aside from delay. Take care, Jason

      Reply
    • That’s good news and provides good hope for the rest of us who are still waiting. Thank you for sharing some positive news.

      Reply
  13. Dear Jason,

    Are you planning to attend the USCIS webinar on their opening plans tomorrow? The link can be found here:
    https://www.hstoday.us/subject-matter-areas/customs-immigration/webinar-on-uscis-offices-resuming-in-person-services/

    Thanks!

    Reply
  14. Hello Sir,

    Do you know if Arlington is giving any decisions after they re-opened on June 04.

    Thank You

    Reply
    • We received one decision from Arlington and one from Washington State (San Fran office) in the last couple weeks (both grants, I am happy to report). I was actually expecting more decisions from them, as they were supposedly working on pending cases during the shutdown. Maybe other lawyers received more decisions than us, but I have not heard about that. Take care, Jason

      Reply
  15. I am sick !!! I am tired !’ Everyday bad news !!! Why don’t they go ahead and put us all out of our misery and close all uscis offices close all
    Immigration deport us all and they Can all rot here to hell ,this country isn’t even that special !! It’s all in or nothing and these idiots don’t decide , stupid holds stupid wait stupid nonsense . Do your job or close forever assho&@& . I’m sorry but I mean it

    Reply
    • I don’t blame you for feeling this way. I am disgusted too – when someone comes to you to ask for life-saving help, and then you lie about them and treat them worse than garbage, it says more about you than about the person who needs help. Take care, Jason

      Reply
    • Don’t worry, Many people are getting grants/approvals for their asylum cases so there is a lot of positive news as well. I know how frustrating these new proposals are but keep in mind it’s not all bad news. Keep your hopes up it’s not all that bad. Grants/approvals are still happening.

      Reply
  16. hi Jason i have a pending asylum application since 2017 and i would like to renew my old passport , is it going to affect my pending asylum or upcoming interview if they call us . tnx for the help

    Reply
    • It could have a negative effect, especially if you are fearful of your home government (if the government wants to persecute you, why would it renew your passport?). At the very least, you should be prepared to explain why you applied for the passport and why the government was willing to give it to you (if you fear terrorists in your country, then renewing the passport is less of a problem). Take care, Jason

      Reply
  17. Jason, In light of these new developments I have two questions:
    1. If the one year ban is retroactively eliminated, would the Withholding of Removal also be eliminated?

    2. If the Withholding of Removal is likewise eliminated, would an asylum applicant be able to apply for asylum in Canada based on the Safe Third Country Agreement between the United States and Canada since his/her asylum application in the United States will be impossible under the new legal restrictions?

    Thanks Much.

    Reply
    • 1 – I do not understand this question. There is no talk of eliminating the one-year bar; they are just adding a new requirement that if a person satisfies the one-year bar, they can still be denied as a matter of discretion because they took too long to file. 2 – They are not talking about eliminating WOR – that is part of the law (INA 241(b)(3)) and cannot be eliminated except by an act of Congress. All these restrictive new rules might make it easier to avoid the safe third party agreement and seek asylum in Canada, but I do not know about that. If that is your plan, I recommend you talk to a lawyer in Canada before you go there. Take care, Jason

      Reply
  18. Hello Jason.

    Thank you for your great work. May God bless you.

    Since re-opening, do you know if Arlington is issuing any decisions.

    We are clutching on straws. I feel like the Jewish asylum seekers of 1939 turned away only to be killed by the Nazis. And all those who suffered leading to the Refuge Act of 1980.

    The most powerful men and women unleashing every available weapon against the weak and vulnerable. We don’t hear them talking about sly drug dealers and illussive criminal aliens anymore. Is it because catching them is more work. So go for the easy target, refugees who have presented themselves.

    I believe in USA and history has taught us that in the end she always come right. Good work by people like you Jason will see us through.

    Regards.

    Reply
    • Well said!

      Reply
    • Hello folks,

      Calm down people. The USCIS started processing all the GC application today and as of monday this week, some people received their GC approved. My GC application is also pending but lets remain positive. The goal of this “mad”ministration is to create fear and anxiety so as to deter people from coming to USA, lets not fall for that–all things will come to past. Have faith and keep on the good and noble fight.

      Reply
      • I think this is good advice, but also, we need to act – so consider making a comment about the regulations or contacting Congress about these terrible new rules. Take care, Jason

        Reply
    • I agree with this and I hope we will get our bearings again. Take care, Jason

      Reply
  19. This is a sad situation if uscis closes I assume most lawyers will have to file for unemployment as well as their clients . No cases, no money. .Dumb administration

    Reply
    • The Administration would be quite happy if immigration lawyers are put out of business. For me, I can always pursue my old dream of operating a video store…

      Reply
      • 😂😂

        Reply
  20. Hello,

    Jason am trying to figure out what do I need to do next I filed i730 for my kids everything was successful and they both arrived in the US a week ago when they cleared customs and border protection they keep the foil boarding pass that they had and they give them an indefinite i94 what should I do next in terms of SS / GC and once schools reopens can I enroll them or is there any waiting period ages 14 and 13 I just don’t know what’s the next steeps

    Thanks

    Reply
    • Dear Justin,
      Would you kindly share your family I-730 timeline and center you have applied for them.

      Best

      Reply
      • nebraska service center Field in October 2018 and all was completed February 2020

        Reply
        • Thank you so much dear Justin

          Reply
    • They can apply for schools as soon as they are open. They are entitled to an EAD for free based on their status as dependent asylees, and many people get thus, as it allows them to easily get a SS card. If you did not fill the form I-765 for them, you can do that and request an EAD and an SS card. Otherwise, you might just contact the SS office directly and see if you can get the SS card based on the asylum I-94. Take care, Jason

      Reply
      • Thanks

        Reply
  21. my comment here is a bit technical: let’s suppose that these rules comes into effect and I apply for GC: will the officers look into my travel history to see weather I transited via a safe third country? isn’t the rule the the GC does not check again your eligibility for asylum but your eligibility for GC? or will these rule also apply to people who were already granted asylum and applying for green card? Thank you Jason!

    Reply
    • I think the rules are not so clear, and so if USCIS decides to look into your history and try to retroactively take away asylum, maybe they could try. I think in both legal and practical terms, this would be very difficult and I think it is unlikely to happen, but it is hard to put anything past this Administration when it comes to treating non-citizens cruelly. Take care, Jason

      Reply
  22. Stop the fuck!@$ holds USCIS ! Don’t you need money ?? Now get to work on this applications ! B!tch … and stop complaining . Grazie

    Reply
    • It seems that USCIS is deliberately not processing some cases and could be earning more money if it made that effort. I think this is because the Trump Administration is trying to destroy USCIS. Take care, Jason

      Reply
  23. Wao this is sad news . dear and respected jason what can we do about uscis? Is there a customer service number to call the Congress ? What can us actveliy do !

    Reply
  24. Wao this is sad news . dear and respected jason what can we do about uscis? Is there a customer service number to call the Congress ? What can us actveliy do !!

    Reply
    • Contact your Congressperson (links are at right to the House and Senate), and/or sign the Change.org petition listed above. Contacting Congress is helpful, and I recommend people do that. Take care, Jason

      Reply
  25. Mister jason straight two the point , can I apply for a green Card based o asylo or not ? What happens if USCIS fires all of its people ? Is this constitutional ? Thank you

    Reply
    • You can apply. The situation is still unclear, but you might expect additional delay. Nevertheless, you can apply and hopefully you will get the GC in a reasonable period of time. Take care, Jason

      Reply
  26. Hello Jason, I had my interview on March 6 2019, it lasted about 45mins-1hr, no decision yet. In August 2019 my spouse came to join me. She was already included in my case and when she came we submitted forms to include her as a dependent, her work permit has been approved. Do you think we might be called for another interview so that they can hear her version of my claim or we are only waiting for the final decision from the asylum office. Also she did not mention me at the Embasy though she was in my application, do you think we should have any worries about that

    Reply
    • I would expect that they need another interview, at least to talk to her. If she lied about you to the embassy, that could be an issue – there is a case called Matter of Pula, which basically says that lying to get a visa does not block someone from getting asylum if they were fleeing harm in their country. I do not know whether it would apply to a dependent in her case. Maybe she would have been better off filing her own asylum case (also the new rules will make lying more of an issue than before). I recommend that you talk to a lawyer about this to go over the specifics of the case. Take care, Jason

      Reply
  27. Hi Jason,
    There is a question with this new regulation.if someone comes from a third country to US and he has not had issue with his home country government, but when he arrived in the US after for example 5 months he participates in some activities which causes him fear to return( for instance during present in the US he changed his religion).will this new regulation afftect this applicant since before he arrived in the US this person did not intend to apply for asylum?
    Thanks

    Reply
    • I have been thinking about that scenario too, and it seems to me that the third country rule should not apply in such a case. It is nonsensical. However, the regulation does not account for that. I guess the decision-maker will need to do something about it. Remember that in many cases (at least where the person was in the third country for less than 14 days), the third country rule only applies as a discretionary factor. In a case like yours, maybe they would not consider it when exercising their discretion. Take care, Jason

      Reply
  28. Waiting for interview since August. 2015, in New York, send many letters,application, inquiries, Congressman inquiries,
    expedite requests 7,8 times or more, no response back. Now I don’t care what they do to USCIS because to me they were dead, and by the way they know what they did to peoples who are like me. Special place in hell will burn those peoples and their superoir ones.
    5 years is not a small time to wait.
    Wanna say allot of bad things but they will face that in their personal life I’m believing it.
    Sorry if I’m out of respect, but it is a definition of UNFAIR justice for asylees.

    Reply
    • I understand your frustration but there are many other asylum applicants in the same situation as you. I have been waiting for 4 years and 7 months pretty close to the same delay as you and i agree USCIS delays have caused so much frustration, desperation, depression, PTSD for so many Asylum applicants. But do realize that there are many other people who are also going through the same suffering as you. 4/5 years is a lot of time. I also suffered a lot and was kept in limbo and mental depression for last 5 years.

      And now Trump has worsened this situation. Trump has made this so much worse that sometimes i have thoughts of giving up on life but i would suggest everybody to remain hopeful, optimistic and courageous during these tough times. People who have been waiting for 4/5 years are close to getting their interviews so a little more wait wont hurt.

      Just try to remain hopeful and positive, I am trying to do the same, I know it is difficult from personal experience but there is shinning light at the end of the tunnel. Don’t give up.

      Reply
    • I understand the sentiment. For some of them, I have little sympathy. Others are trying hard to do their jobs and help people. Regardless of our feeling, the fact that the Trump Administration is destroying this agency will do even more harm to asylum seekers and immigrants (and their family members). Take care, Jason

      Reply
      • Jason , will the budget cut in USCIS delay the interview process ,already waiting for 4 years

        Reply
        • It’s still unclear how it will affect asylum cases. My friend at USCIS seems to think that asylum cases will not be affected, but I guess we will have to wait and see how things go. Take care, Jason

          Reply
  29. Hello Jason,
    We can’t thank you enough for your continued timely messages and for your amazing thoughtfulness. You’re one of the very few kindest people I ever know. Oh my, your today’s post is so scary (I mean the reality). I have waited 5+ years to see my family and finally it was about to happen until this virus came and their embassy interview get canceled like a week before their appointment. My excitement to see them was as high as a sky. So very heart breaking more than I can explain. Do you think the ban will be renewed? You think the new proposed policies will affect my family’s visa situation as well? Have you heard anything as when the embassies will possibly reopen? I just couldn’t sleep thinking about this and of course for my friends who have waited so long even to get an asylum interview. May God help us all. Thank you so much in advance!

    Reply
    • Hello Everyone,

      I think our best solution is to comment. Let express our concerns and ask the questions that concern us. LET’s ALL do it together also spread the word and let others that are in the same position as us know, about what’s about to happen and what we can do.

      Reply
      • Please do – Many organizations will be submitting comments as well, and so there should be more comments soon, but comments from asylum seekers and asylees are especially important, as they are the most affected. Take care, Jason

        Reply
    • I do not have info about when people may start coming to the US based on approved I-730s. The only positive news is that once things reopen, they should process the case, as there is no ban against I-730 beneficiaries (and it would be hard to ban them, since the law allows asylees to bring their family members). Hopefully, things will open up soon for cases like this. Take care, Jason

      Reply
  30. Hello Sir,

    Before applying for asylum I was porn and live all my life in one of the Arab Gulf countries, Also I’m a Palestinian refugee in lebanon ( stateless ) and I had problems in my camp when I was there

    Does this affect my case ( firm resettlement ) and I lost my permit residence in that Arab Gulf country in 2016 when I was in the US before applying the asylum

    ( my individual hearing in oct-2022 )
    Thanks

    Reply
    • If the new rules are in effect, you will need to explain this and submit evidence. As far as I know, none of the Gulf Countries have signed the Refugee Convention, so as long as you show that, it should not block you. As far as Lebanon, you would have to explain why it was not safe for you there. If you applied for status there and were rejected, you can demonstrate that. Take care, Jason

      Reply
      • What about a country which parties to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol, but it is not a member of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment? They are same conventions or separate?

        Reply
        • They are separate treaties. The proposed reg refers to the Convention and Protocol in terms of firm resettlement and discretion. Take care, Jason

          Reply
      • Sorry, my last comment was not correct. I mean this:

        What about a country which does not party to the 1951 United Nations Convention relating to the Status of Refugees, the 1967 Protocol, but it is a member of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment?

        Reply
        • In that case, as I read these rules, you would not have been required to request protection there and passing through that country would not negatively affect your case in terms of discretion or firm resettlement. Take care, Jason

          Reply
      • Hello ,
        Yes I have a refugee card from lebanon has given for all Palestinian lives in lebanon
        But the Lebanese government won’t protect me inside the Palestinian refugee camp

        And The Arabic gulf will never give me an Asylum or Refugee even If I was porn there

        ???

        Reply
        • I don’t think you will have an issue from your time in the Gulf, but I do think you will have to deal with the Lebanon situation. Maybe by showing that it was not safe there for you (I did a post that might be useful on June 22, 2017) or that you were never offered permanent status there. But you should not ignore that issue in your case (in fact, even without the new rules, that is an issue you need to address in your case). Talk to a lawyer about this for help. Take care, Jason

          Reply
  31. Ok, this is not good at all. You are honestly telling me the same week I am gathering my documents for my i-485, medical exam, both of which cost me at least two grand, I am now on a list to be potentially denied and be put in limbo? November 2020 can’t come soon enough!

    Jason, what are my options here, I did admit on the i-485 based on the guidance of my lawyer that I did work while here on my B1/B2. The interesting thing about my case, the work I did was online based and it was the same work I was doing while in my country of origin. In fact, the same week I got asylum, I scheduled an appointment at H&R Block to have any back taxes paid, with penalties on top of that. Hence, part of what led to me getting the stimulus check this year.

    I just want to know, does my path to obtaining permanent residence lead to limbo for a very long time? Also, hearing about potentially losing my EAD sounds just as devastating.

    Reply
    • I do not see how you would lose your EAD, as asylees are entitled to an EAD under law, so I would not worry about that. Also, in terms of eligibility, it seems very doubtful that USCIS will reopen a bunch of old cases to try to deny them as a matter of discretion. In addition, it sounds like you did the right thing and can overcome the “negative” factor of working unlawfully by explaining what happened and how you corrected it, so I do not think losing your status is a real worry here. As for the “hold”, that is an issue for almost all GC applicants. We do not know how long it will last – maybe a few months; maybe much longer, but it seems to me that you might as well file and get in the queue (assuming there is a queue, but at least start the process). It’s up to you, but I see no benefit to waiting. Plus, the GC fee is set to go up, so probably it is better to apply now, before that happens. Take care, Jason

      Reply
  32. I am definitely not surprised by this. I am not sure why people are acting surprised. I had warned about these things on earliest posts. And, if “Mr M”, the architect behind these repugnant, racist and xenophobic “policies”, gets 4 more years, you can rest assured that, having already dismantled the asylum system and laws, they will be targeting naturalized citizens and lawful permanent residents thereafter. As matter of fact, I am almost certain they have started this.

    You see, their objective is to halt the “browning” of American, and preferably reduce the “Black” and “Brown” population in the U.S. I am sure if they could “repatriate” descendants of slaves to Africa they would have done so already. And, if you think that you are safe because you are not Hispanic or “Black”, or from a Muslim-majority country, you have another guess coming. For, if you are not from countries like Sweden and Norway, for example, and if you are branded by melanin, to whatever degree (even if the “one-drop” rule applies to you, or you are “racially ambiguous”), you are, and might very well be, out of luck under this administration.

    I would not bank on the current immigration laws- specifically the IN- either. Nor would I bank on Congress. It is indeed incontrovertible that many of these “immigration policies”- perhaps because “Black” and “Brown” people immigrating to the U.S. are the bête noire of “conservative”, and in some instances, “liberal” and “independent” America- fly in the face of existing immigration laws. This administration is able to treat asylum seekers, and immigrants in general, with disregard and a flagrant violation of what is supposed to be inviolable rights, because of the general apathy, and in most instances, acrimony, when it comes to immigration rights and immigration in general.

    I also don’t think that we should bank on the current BLM movement as a result of George Floyd’s and others’ deaths- even though it may very well be the fulcrum for “other” Americans to start recognizing social and racial injustices that are oftentimes meted out to “Black” and “Brown” people, especially at the hands of the police, in the U.S.- as immigration is generally frowned upon, and immigrants, by virtue of our status, are not only relegated to the “alien” or “foreigner” status, even after acquiring “legal status”, but also in many respects denied due process. If anything, immigrants need a lot more powerful American allies to stand in our corner and help bring awareness to the xenophobic injustices that immigrants- many of whom are extremely vulnerable- are currently contending with.

    I would suggest that, in the meantime, all asylum applicants, asylees, refugees, and citizens and permanent residents who acquired such statuses as a result of asylee or refugee status, start asking the Canadian government to take a look at this “third country agreement” that they have with the U.S. It is clear to me that the asylum system in the U.S. teetering on the edge moral bankruptcy and decay- conceptualized and implemented by the morally impervious.

    Reply
    • I think it is a good point about the third party agreement. Given these new, draconian rules, it is hard to argue that the US is still a safe third country if they will arbitrarily deny asylum to people because (for example) they passed through a third country years before the rule was even proposed. Also, I think this is largely comparable to Nazi Germany, where vulnerable groups were accused of having great power and then subjected to persecution. Lie about the group and make them seem like a threat, and then persecute them. It worked then, and it is largely working now. We have to keep fighting against it. Take care, Jason

      Reply
  33. Hi Jason,

    Do you think the ” working without authorization ” will be retroactive ? Before/if the law comes into effect, those who worked without authorization (at least until they got their EADs) were not banned from asylum.

    Thanks
    H.

    Reply
    • It was never an issue before, but if this goes into effect, it will be an issue going forward and it may be an issue retroactively. We will have to see how this is implemented to know for sure, but as it is written, it looks to me like it would apply retroactively. Take care, Jason

      Reply
  34. Hello Jason,

    Please i noticed some errors in my 1-589 and the declaration in support. My question is; can I amend this? If yes, how do I go about it?

    Thank you

    Reply
    • It is a common problem. For our clients, we typically make the corrections at the interview. If they are big errors, you might have to explain how they happened and maybe submit an explanation in advance. Normally, though, such errors are not a problem as long as you correct them at the interview. Take care, Jason

      Reply
  35. Dear Jason

    Do you think for someone who has been living in STATE SINCE 2015 i did my interview at Arlington va 9 months a go but not decision yet. Im from Afghanistan i did my transit in Turkey how is it gonna deal with my case.

    My other question is what about my work permit do you think i will face issues if i dont get decison for renewal

    Thank you

    Reply
    • As of now, there is nothing blocking you from renewing the work permit. We will have to keep our eye on that, since there is the info I listed above. As for the transit, I do not know whether they will try to enforce that rule against people who have already done an interview (and as of now, the rule is not in effect). If so, they would need to call you for a new interview. The transit should not block you, anyway, as it is just one negative discretionary factor, but you may need to submit additional evidence or positive discretionary factors to overcome that one issue. Hopefully, they will not enforce that rule against people who were already interviewed, but we will have to wait and see. Take care, Jason

      Reply
    • Could you share your timeline with us? when you submit your case?

      Reply
  36. And Jason,
    Thank you for always finding time out of your busy schedule to update us, and Answer all our questions.
    May God reward you.

    Reply
  37. Hi Jason,
    I am preparing green card application and came across Continuous Residence Requirement. I have not left the US since the asylum grant, is that something I should establish. Do I have to submit supporting documents to show my continuous residence?
    Thank you.

    Reply
    • We have never done that, and I do not think it is needed unless there is some reason to question it. However, it would not hurt. One way to do that would be to just write a letter to include with the application indicating that you have not left the US since you got asylum. I guess you can also get work or school records if you want to have some additional evidence. Take care, Jason

      Reply
  38. Last night I couldn’t sleep . I have to apply for green card soon , can I apply ? Will there be a hold like asylum ? How many years now ? Will I have to expedite ? I then went out and smoked my cigarette , thought about how this orange jerk might win again and then I had a drink . This administration will be the death of me. They’ve driven me to alcoholism and developed a smoking habit, what now ?

    Reply
    • Katalina,
      I am so sorry. Though I am not drinking and smoking, the emptiness I feel on the inside is killing me by the minute.

      Reply
      • I am sorry you feel that way Tina . Life is a b!tch but I say let’s make it our b!tch ! Much love .

        Reply
        • Thanks dear!

          Reply
    • I could also use a smoke (I already had a drink). We have no idea how long the hold will last, and so until we know, I would just recommend that people apply for the GC when they are ready. Maybe it will take a little longer or a lot longer, we do not know, but if you have asylum, your status is secure and you can live here and travel. As of now, there is no reason to worry. I guess that could change, but I doubt it, and even if it does, you will have fair warning. For now, it seems you should be fine. Take care, Jason

      Reply
      • I think what we all need to do is express our concerns on commenting where Jason suggested, because right now there are only 100 comments, if we want that to change we need to comment there.

        Reply
    • Haven’t seen my kids since 5 years….I can feel everyone’s frustration here😔

      Reply
  39. Dear beloved Jason. Thank you for all you do for us.

    The same gvt that’s giving stimuluses like payrol protection will not protect their own payrol. Looks like the dislike for immigrants outweighs everything else. They would rather increase unemployment by furloughing their own employees. Some immigrants even voted for him on the understanding that he is after drug dealers and criminal aliens only.

    I feel the worst part is applying the rules retrospectively. Is that just. If abortion becomes illegal today will all those who were involved in abortion in the past be prosecuted. Now that Marijuana is legal, will those jailed for Marijuana in the past be allowed to sue for wrongful arrest. But poor asylum seekers have to be subjected to this after waiting 5 years. Isn’t law all about justice.

    If asylum is based on international treaties or convention, shouldn’t signatories abide by the treaty. Or you can sign an agreement then go home and amend it, take out what you dont like and add what you like.

    The beacon of humanitarian protection and justice has shut its doors. Poor refugees, some of them working in the front lines during this pandemic. Even without stimulus checks, they didn’t mind. That is the list they could do to help the country that has taken them in. At that very time this is what was being prepared for them.

    I desperately would like to believe that the merciful and just America that we all know will show up amid all this pandemonium.

    Reply
    • I agree with all this – especially about the retroactivity. It is a real disgrace. Unfortunately, the treaties and laws passed by Congress are somewhat vague, and so the President has a fair amount of flexibility when interpreting them and issuing rules. This flexibility is not unlimited, and for this reason, we hope that some of these new rules will be blocked. Take care, Jason

      Reply
  40. Hi Jason
    With these restrictions on asylum, what’s the hope for new applications on asylum.
    Thanks

    Reply
    • For sure it is harder, and some people will be completely blocked, but it will depend on the case. Most cases are from Central America and Mexico where the applicant fears gang members or domestic violence, and the majority of these cases would be denied if these rules go into effect (well, the majority are already denied; it would just be an even larger majority). Take care, Jason

      Reply
  41. Hi Jason, with the budgetary constraints of USCIS due you think the number of asylum interviews will also go down or asylum offices are funded from some other funding

    Reply
    • My contact at USCIS thinks that they will continue to do asylum interviews, as they hope to refer more people to court to deport them. We will see how things go. My guess is that asylum offices will continue to function, but at a reduced rate, since the coronavirus restrictions will not allow them to interview as many people (on the other hand, with the border closed, maybe more asylum officers will be available to do affirmative cases, so maybe they will move faster than I expect). Take care, Jason

      Reply
  42. Hello Dear Jason . I am writing you to ask you as a lawyer and perhaps activist because I consider you one. To take a stand , to contact local congressmen , to write to the White House , to sign the petition , to push the congress to aid USCIS so that they can continue operations . If they don’t get the money , If the president turns a blind eye , and they don’t pass legislation everyone’s hurting here . Lawyers will not have clients , clients will not be able to issue their immigration related paperwork , families hurt , people hurt . This hold if it becomes factual , we have no idea how long it could be . Months – Years given the attitude of the current administration towards all immigration proceedings. If they are on the way to furloughing 70-75% of workforce even if they come back later on . The damage will be unbelievable , and it will resonate among everyone in terms on time / money. We need you to help us . Other lawyers can help . We cannot watch USCIS collapse because this administration is dying to see that happen . Thank you

    Reply
    • I don’t think mr Jason is not actively trying to contact these people and do something about this tragedy . Otherwise his blog would be useless , don’t you think ?

      Reply
    • I’m doing what I can, and many organizations are fighting to help in the political realm as well as by filing lawsuits to try to block some of these rules. Take care, Jason

      Reply
  43. For what it’s worth, my partner has just applied for an aslyum-based green card. The application was mailed May 7. The fee waiver for the application was approved May 22 per a notice we received.

    Not sure if that constitutes processing of a GC, but maybe the data point helps.

    Reply
    • Wait times are already long and not so predictable (maybe 1 to 3 years) and so it will probably take some time to get the GC. Hopefully, USCIS will get its act together and be able to process cases. Take care, Jason

      Reply
      • It looks like the processing times for adjustment of status based on Asylum have gone down a little bit. ( I checked the site this morning) USCIS is still receiving , and from what I have read, processing green card applications forms for people living in the US. When was the halt on people applying for green card (especially those based on Asylum) implemented?

        Reply
        • As far as I know, it is all green card applications, not just those based on asylum. The exception is GCs for people who are involved in the response to the pandemic, but I do not know what that means (for example, would an asylee who works in a hospital be processed? Or is it only people seeking a GC based on a health-care type job?). The hold supposedly began in April, and I think it is happening. How long it will last, we do not know. Take care, Jason

          Reply
      • I guess I just thought it was strange they accepted the waiver if they haven’t been processing GC applications.

        Reply
        • They are issuing receipts, at least as far as I know, and so I guess that is part of the process that they are still doing. Take care, Jason

          Reply
    • Maybe paying the fees helps

      Reply
      • fee waivers exist for a reason.

        Reply
  44. Thanks for sharing, Jason. Really unfortunate that this administration hates immigrants this much. It’s just incomprehensible to me. I hope that these four years have thought the American people a lesson that they will never forget, and to pick their leaders more carefully. I think this administration policy not only hurts immigrants but in a long run will hurt Americans as well.

    Reply
    • It is hurting us all. Unfortunately, many people will never learn a lesson form this. I just hope that enough people do so that we can get a new Administration in the next election. Take care, Jason

      Reply
  45. Dear Jason

    Thank you for all your great work. I have a very important question: I was granted asylum three months ago and my new job now requires me to travel frequently to Europe. Do you think it is very risky to travel before obtaining a GC? or the readmission into the US is not based on reviewing my asylum claim? Thank you so much!

    Reply
    • As far as I know that an RTD does not guarantee readmission, which scares me. Thank you!

      Reply
      • I have never heard of a case where a person could not enter with an RTD, and I think it is safe to travel with such a document. Even in the worst case (maybe where they think the asylum case was a fraud or they think you are a criminal or terrorist), they would allow you in and detain you. But for people without these issues, I do not think there is any problem, as long as the RTD is valid. Take care, Jason

        Reply
    • As long as you have a Refugee Travel Document, you should be fine (assuming there are no coronavirus-related bans blocking you from returning). There is no indication that the US government will be trying to take asylum away from people who have it, and I do not see how that could be done at the airport anyway. I guess if you were questioned at the airport and the questions raised issues about your asylum case, the government could try to take action against you, but this does not seem likely at all. I would just pay attention to the news and if you hear about this, then be more careful, but I think it is fine. Take care, Jason

      Reply
  46. I’m curious how to technically implement that potential “rescission of employment authorization for asylees, refugees, and TPS holders.”
    An asylee can get a “normal” SS card and use it with a document from list B it in order to comply with a I-9 form requirements.

    Reply
    • As I mentioned, that is just a quote from my list serve, and I suspect that it is an error – I think they meant “asylum seekers” and not “asylees,” as the latter does not make sense since asylees are entitled to a work permit under the law (whereas asylum seekers “may” be issued a work permit, but are not entitled to one). Take care, Jason

      Reply
  47. Thank you for your support and effort. Do you think the rule of third country including if there was flight stop in third country for few hours, I mean in the airport only and we hadn’t been allowed For us to enter that country?

    Reply
    • As I read the rules, failure to request protection in at least one country you transited through is a significant negative discretionary factor. This means that if you otherwise qualify for asylum, but you passed through a third country – even in the airport only – and did not request protection there, you could be denied asylum as a matter of discretion. However, as this is written, you could also present evidence of positive discretionary factors and perhaps overcome this problem. Any discretionary determination gives a lot of leeway to the decision-maker, so I imagine this rule will likely result in even less inconsistencies in decisions by Judges and Asylum Officers. Take care, Jason

      Reply
  48. Dear Jason

    Unfortunately trump is systematically provoking racism we all see n noticed from Charlotesville march and the death of black.

    I come from a country where USA spent billions of dollars for no reason on their military base CAMP and its a shame for a such a country that could TARGET their immigration office. Shame on you shame on you USCIS.

    With such restrictions America will no longer be the country of immigrants onwards its going to be the land of white supremacist!

    I dont know when will i get my fucking decision from Arlington waiting for my decision and this employee lay off would definitely fucking affect all poor vulnerable human being who just escaped persecution and injustice.

    In Afghanistan USA spent fucking crazy amount of money i would suggest to pull your troops out of Afghanistan and spent the money on well fare of your own Americans citizens. I can see alot of American live pay check by pay check they deserve a fucking free health insurance. Dont fucking cut down USCIS budget instead reduce pull out your troopps!

    Sorry Jason you are a wonderful human being but im noy ok with your country policy towards asylum seekers i have a bad depression.

    Reply
    • I am not ok with my country’s policies either, as they are immoral and in many cases contrary to the law. Gore Vidal famously said that we get the government we deserve. We have to keep working for better leadership. The popularity of the BLM movement gives me some hope in this regard, as there is obviously wide-spread desire for things to improve. Whether it will be enough to cause effective change, we will have to see, but we have to keep trying. Take care, Jason

      Reply
  49. Hello Jason;

    Thanks for all you do. Reading through the document, I think FGM asylum applicants may not be adversely affected by the proposed regulations IF they are able to overcome the other bars like the one year rule and not transiting in more than one country before coming to the US. Do you think my view is valid?

    Reply
    • And what about persecution by private actors, which disqualifies asylum too?
      Listen, an evil genius constructed the rules.
      Even the rules apply to discretionary reliefs.

      Reply
      • Persecution by private actors was always harder due to the internal relocation rule and the need to show that the government cannot protect you. These rules will make it harder in many respects, but not impossible. The authors are evil, but I am not willing to concede that they are geniuses. Take care, Jason

        Reply
      • In the new rules, persecution by private person doesn’t disqualify you from asylum IF you can prove that internal relocation isn’t possible. As Jason noted below, this is already the case with FGM cases because it’s usually carried out by private persons and FGM is deemed severe as required under the new rules.

        Regards

        Reply
    • I think that is probably correct, but they will need to be careful how they formulate their particular social group. They will also need to address whether the government can protect them or whether they can internally relocate, but this is nothing new. Take care, Jason

      Reply
      • Would one need to establish fear of future fgm, or would persecution based on past fgm be considered a valid claim?

        Reply
        • Jason is the expert here so I will leave him to respond but I think you can get asylum solely on past persecution.

          Reply
        • I don’t see a change regarding FGM. Past persecution can be enough (sometimes based on “humanitarian asylum”), but when we do these cases, we try to discuss the ongoing harm as well as the possibility of any future harm. Take care, Jason

          Reply
      • Thanks Jason. I think the new rules is exactly the standard currently used for FGM cases especially as it relates to internal relocation and persecution by private persons.

        Regards

        Reply
        • As I read this, there is not much change to the rules about internal relocation. There are changes concerning “discretion” and it is clear that the Trump Administration wants more cases denied based on discretion. This seems like bad faith (surprise, surprise) and as I see it, it could be subject to a court challenge. Take care, Jason

          Reply
  50. US immigration policy has become immoral. We are waiting for an interview for 5-6 years. Our families are ruined. No one thinks about the people who applied for asylum in 2015 and earlier. I have been waiting for an interview call since August 2015 (New York). People who came to the country later than me have already received green cards.

    Reply
    • I am so sorry Alex. My partner had to wait 4 years. You are right — it’s immoral.

      Reply
      • Hello Jason,
        We are grateful for all you do.After I was tortured in my country,I managed to escape from jail thanks to a friend who is a priest. He gave me his cassock to wear and I passed through a 3rd country and flew out same day to New York.My country and that 3rd country have a treaty which permits both countries to send their security forces to arrest political activists across boarders.That was over 1 year ago.
        Will this law affect me?
        Thanks so much

        Reply
        • It could, and so you should get evidence about the treaty and why the third country was not safe for you. If the rule goes into effect, it seems to me that you have a good chance to overcome it, as long as you have evidence. Take care, Jason

          Reply
    • Hey Alex, what a coincidence man, I’m waiting same month same year same State, in Queens NYC and no interview call yet, expedited 5 times, rejected all, now bad news doesn’t effect much, since they cheap people work in USCIS they don’t deserve pay or anything, what a shame on this country system.

      Reply
    • It’s true and last I saw data, there were over 340,000 people waiting for affirmative asylum cases and over 1 million cases backlogged in Immigration Court. It seems pretty clear that the current Administration has no interest in making the federal government function effectively, especially the immigration bureaucracy. Take care, Jason

      Reply
    • My asylum interview has been pending since Feb 2016. Many Asylees have been waiting for several years and yes it is very frustrating and depressing. Not only have i waited for 4 and a half years but now i am told that there are some new evil rules that i should have complied with 5 years ago and should have known about these rules. Trump is the most evil and worst person alive on planet earth. He has consistently damaged American values and democracy and only created hatred, racism andbigotry towards immigrants and Asylees. Most of the immigrants including me are highly skilled people paying thousands of dollars in income taxes to government but apparently that’s not enough. To Trump and his evil minions only the color of somebody’s skin makes him suitable for Asylum approval. Shame on Trump and his administration. He has openly and blatantly violated human rights.

      Reply

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