Way back in 2010, I did a blog post about the Board of Immigration Appeals, where I complained that the Board issues too few decisions and does not provide enough guidance to Immigration Judges. Ten years later, things are no better. In fact, based on the available data, the Board is publishing even fewer decisions these days than it did back in the late aughts. Here, we’ll take a look at the situation in 2010, and then review where things stand now.
Before we get to that, we have to answer a preliminary question: What is the Board of Immigration Appeals? According to the BIA Practice Manual—
The Board of Immigration Appeals is the highest administrative body for interpreting and applying immigration laws. The Board is responsible for applying the immigration and nationality laws uniformly throughout the United States. Accordingly, the Board has been given nationwide jurisdiction to review the orders of Immigration Judges and certain decisions made by the Department of Homeland Security (DHS), and to provide guidance to the Immigration Judges, DHS, and others, through published decisions. The Board is tasked with resolving the questions before it in a manner that is timely, impartial, and consistent with the Immigration and Nationality Act and regulations, and to provide clear and uniform guidance to Immigration Judges, DHS, and the general public on the proper interpretation and administration of the Immigration and Nationality Act and its implementing regulations.
In essence, the BIA is supposed to be the Supreme Court of immigration law. But because the Board issues so few published decisions, it is not fulfilling its duties to provide guidance or ensure that laws are applied uniformly throughout the country. This is not a recent problem.
If you look back at the data from a decade ago, you will see that in 2007, the BIA decide a total of 35,394 cases and had 45 published decisions. In 2008, it decided 38,369 cases and published 33 decisions, and in 2009, it decided 33,103 cases and published 34 decisions. This means that for every 1,000 cases the Board decides, it publishes about 1 case. Looked at another way, during 2007, 2008, and 2009, the Board had about 15 Members (judges on the BIA are called Board Members). This means that in its most prolific year (2007), each Board Member would have had to publish three cases. I’m told that publishing a case is a real production, but even so, three cases per year? That seems pretty weak. The not-very-surprising result is that the Board is not providing the guidance that Immigration Judges need, and this contributes to a situation where different adjudicators are interpreting the law in widely inconsistent ways.
Fast forward 10 year and the situation is no better. In FY2016, the Board decided 33,241 cases and in FY2017, it decided 31,820 cases. In each year, the Board published just 27 decisions. In FY2018, the Board decided 29,788 cases and published 38 decisions, and in FY2019, the BIA published 22 decisions (EOIR has not released data about the number of cases adjudicated by the Board in FY2019). Indeed, in 2018 and 2019, the situation is even worse than these numbers suggest. That’s because in 2018, of the 38 published BIA decisions, 15 were actually decided by the Attorney General (meaning only 23 were decided by the BIA). In 2019, the AG published six cases, meaning that the Board itself published a paltry 16 decision, or–given the expanded number of Board Members–less than one published decision per Member.
Let’s digress for one moment to discuss the difference between an Attorney General decision and a BIA decision. The BIA derives its decision-making authority from the Attorney General. This means that the AG has power to decide immigration appeals, but he has given that authority to the specialists on the Board, who presumably know more about immigration law than their boss. However, because decision-making power ultimately comes from the AG, he can “certify” a case to himself and then issue a decision, which has precedential authority over Immigration Judges and over the Board itself. This means that if the Board issues a decision that the AG does not like, he can change it. Prior to the Trump Administration, AGs generally deferred to the Board and rarely certified cases to themselves for decisions. In the last two years of the Obama Administration, for example, the AG issued a total of three published decisions, two in 2015 and one in 2016, as compared to 21 AG decisions in 2018 and 2019 (to be fair, the Trump Administration did not issue any AG decisions in 2017). The main reason for the AG to issue decisions is to more forcefully implement the current Administration’s immigration agenda. Many who work in the field oppose this type of politicization of the immigration law, and organizations such as the National Association of Immigration Judges (the judges’ union) have been pushing for an independent court system.
Aside from politicization of the law, one result of the AG’s more active role in issuing decisions has been to sideline the BIA. I imagine this is not good for morale. Essentially, the “Supreme Court of Immigration Law” has been relegated to deciding unpublished decisions, which contribute little to improving the overall practice of law.
In any event, it has always surprised me how few decisions the BIA publishes. Chapter 1 of the BIA Practice Manual provides: “Decisions selected for publication meet one or more of several criteria, including but not limited to: the resolution of an issue of first impression; alteration, modification, or clarification of an existing rule of law; reaffirmation of an existing rule of law; resolution of a conflict of authority; and discussion of an issue of significant public interest.” Frankly, it is difficult to believe that fewer than one case in one thousand satisfies these criteria. As I wrote in 2010–
Although it might be more work over the short term, if the Board published more frequently, Immigration Judge decisions would become more consistent–creating less work for the BIA over the long term. It would also make life easier for the federal courts of appeals, saving government resources. Finally–and most important from my point of view–it would create more certainty and predictability for immigrants and their families.
All this remains true. But after three years of the Trump Administration appointing Board Members, many of whom are considered hostile to immigrants, perhaps now is not the time to complain about too few published decisions. Maybe. But I still think there exists a desperate need for guidance and consistency, and even the “unfriendly” Board Members are more inclined to follow the law than our current AG. In addition, there are many mundane, non-political issues that simply need deciding (such as this recent BIA decision). Despite the more hostile make-up of the Board, I still believe–as I believed ten years ago–that the BIA should embrace its role as “the highest administrative body for interpreting and applying immigration laws” and publish more decisions.
Is anyone there nose how long it takes in the Virginia Office toget to interview ? I have ending Asylum application sice November 2017
They are only interviewing new cases at the moment (under LIFO), and they hope to interview 10 cases per day. If they have extra capacity, I do not know whether they will interview old cases in the order received or in reverse order. Either way, a 2017 case is in the middle and so I would not expect an interview soon. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
ARTICLE>>> The Trump administration is moving forward with more than 13,000 furloughs even though the impacted agency no longer expects to see a budget shortfall this fiscal year, according to lawmakers and internal emails sent to employees.
MOTHERF KERS !! I TOLD YOU THIS IS ANOTHER ATTACK … BUDGET LOOKS FINE , THEY STILL WANT TO MAKE IT COLLAPSE TO SCREW US ALL….
My understanding is that they are allegedly concerned about the budget over a longer term, and while they apparently have the money to keep the agency going until October 1 (the new fiscal year), they are moving forward with the furloughs in anticipation of budget issues over the coming year or more. It may also be a ploy to get money from Congress. That said, the Trump Administration is doing everything it can to destroy immigration, and this is pretty clearly part of that effort. Take care, Jason
Hi Jason,
After waiting for 1600+ days I finally received an approval . I have quick questions, they have sent the approval letter copy to my attorney without the I-94 2 weeks ago, I have yet to receive anything!. I have all my mail forwarded to a virtual mailbox that I control online (Have a USPS document allowing them to handle my mail including restrictive), do they allow mail forwarding for the decision? My G-28 mentioned that I want all documents sent to my lawyer, will they still send you the decision & the EAD (current status is we ordered your card). I had already applied for renewal 2 months ago, will they automatically cancel the renewal & refund me the money or I have to request it? If I changed the address now, will it confuse the system or will ensure appropriate mail routing?
Thanks!
Congrats!
This is the light at the end of the tunnel. Thanks for sharing and congratulations. I am waiting since 2104 days interviewed in Feb 2018 still waiting. Would you please share your asylum office, please. Thank you.
Congratulations! However, it should not take 2 weeks to get the I-94. Maybe email the asylum office and ask about that. You can find their email if you follow the link at right called Asylum Office Locator. As for the new EAD, it may be delayed because there are problems now printing EADs (I hope to post something about this tomorrow, if you are interested). As for the renewal, I think it is very unlikely you can get a refund. I suppose you can try – call USCIS at 800-375-5283 and see if you can reach someone to ask. This will probably not be easy, but there is no harm in trying. Take care, Jason
https://www.axios.com/trump-executive-orders-supreme-court-daca-3d369f16-d9db-4e39-b8a0-946e670797b2.html?utm_campaign=organic&utm_medium=socialshare&utm_source=twitter
Jason what is opinion about this article. Does this man have power to make significant change to immigration system without passing the law through Congress.like what Obama did to creat the DACA
Dear Jason,
Thanks you a lot for all the updates and guidance.
Can someone with pending Asylum case and having 1099 and self employed apply for SBA loan. Will there be any impact on the asylum case ?
Also if the same person is hopeful of getting the GC through his wife, can he still apply for this loan. Kindly guide and oblige.
Thanks
Such a loan would have no effect on an asylum case (asylum seekers are not subject to the public charge rules). Also, I do not think it would have an effect on a GC case, but you would have to look closely at the public charge rules (see form I-944, available at http://www.uscis.gov). As for whether you can get the loan, I do not know. I guess you would need to discuss that with a bank or the SBA. Take care, Jason
Hello guys
Am a Muslim guy from Muslim country, applied in 2014, first interview March 2016 , second May 2016, approvel June 2020, !! Can u believe that
The only supporter was this page I swear, PS: if u have evidence don’t be afraid, all those years will be only background check
Congratulations – thank you for sharing your good news. The wait time was ridiculous, but at least you got a good result. Take care, Jason
Hi Ali,
Thank you for sharing the good news, BTW your story/timeline brings good hope for others like me. I am also from a muslim country and I applied for asylum with LA asylum office in Feb 2016. My interview has not been scheduled yet but I completely understand your point. If you have strong evidence then you should just wait and persevere. These few years will pass and asylum will most definitely be granted. I have very strong evidence in my asylum case including court and police reports of persecution from my home country. Lately I had gotten really depressed and exhausted but your comment has provided much needed hope and relief. Thank you and GOD bless….
and BTW I agree with your opinion. This Asylumist forum and Jason have been a great source of hope and relief for me as well. I swear there have been so many times I have felt almost completely drained and depressed but Jason and other community members here have been very helpful in keeping up the good spirit and keeping hope alive for each other by encouraging and helping each other free of cost…..GOD bless jason and GOD bless this forum
And btw the longer wait time for males from muslin countries has been a normal trend because somehow they keep/run background checks for several years. I really do not understand the F##king logic behind this but somehow that’s how USCIS/DHS completes their background checks so I would advise every body to keep up the patience specially if you are from a muslim country. Sometimes these background checks just take ridiculous amount of time….
Thanks a lot Jason , ur a good supporter guy
God bless u
John , tnx a lot, so u are good , nothing to worry, but every 3 month , send them a letter by mail, and ask about ur case. Good luck
ASYLUM SEEKER
I applied to SBA like same situation like u they approved my loan but disbursement time they ask to send GC copy and I replied with EAD copy but they hold the loan and request me for GC copy within 180 days of the request letter.
We’ll have to see. A number of people in the Administration seem to think (and want) the President to have the power of a dictator. Also, the author of the memo (Johm Yoo) is most well known for justifying torture under the Bush Administration. Unfortunately, our country is on a very bad path, and not enough people care. Take care, Jason
Hey guys,
Sammy posted on Jason’s previous post that he got his case approved.
Sammy was concerned about a letter that stated that his decision was mailed, if you were following his post.
I am so excited for him.
Sammy!! Congratulation on your grant💃💃💃
May you please share your timeline and centre we are extremely curious like cats and about to die.
We really appreciate it if you could
Sofia
Cats about to die? I never heard that one before. Maybe he is not coming back. My advice: Once you get asylum, never think about it again. Take care, Jason
Yes I was… congratulations to him
Hi Jason / All
Does anyone know how long to get the fee waiver receipt notice based on I-485.
Thanks
John
According to USCIS the normal timeframe is 200 years to 215 that is the processing time , but with covid 19 it might be 1200 years to 2900 years . Make sure you keep
Your eyes open for updates on their website. If they speed things up you might get it in 100 years .
This is about right. Also, processing times are very unpredictable these days, as USCIS is struggling in many respects. Take care, Jason
Jason, I m a greed card holder from granted asylum I got my gc December 2017.my girlfriend is American citizen we are planing to getting married this August. Can I apply for citizenship after this December since I’m already on green card 3 years.?
You can only apply for citizenship after 3 years with a GC if you got the GC through marriage to a USC and you are still married, so it sounds like that will not work for you. Take care, Jason
Dear Jason
I want to raise a concern if anyone here have an idea i live in Virginia- and having a pending asylum here
I used to be uber driver but during this pandemic i stopped driving for uber i middle of pandemic i applied for unemployment insurance but i found out that drivers are not eligible for regular unemployment than i ignored I started drive to food delivery during pandemic.
But last week unemployment office called me and asked me if im still driving for uber i said no she said you can apply under pandemic unemployment benefits i applied since all my information was back from April they proceeds i forgot i report my delivery income im new to this country- its my mistake I totally forgot. Now they sent money of 17 weeks( 6k ) In my account just in two days after they called.. i found out that anyone dont report their income could go face persecution.
Im afraid at this sensitive time what should i do i wanna refund the money back. It was just misunderstanding I thought only its for uber driver.
Please guide me
Don’t worry. You can pay it back for the weeks you had earnings. Call the office and let them know, they will tell how to proceed.
I do not know about this, but I imagine you could talk to a tax professional, and either they should be able to help or hopefully refer you to someone. You might also try contacting the unemployment office, but I do not know how easy that will be. Take care, Jason
Hello asylees and immigrants !! Let’s all make USCIS accountable >>>> THEY ARE NOT PRINTING GREEN CARDS OR WORK PERMITS <<<< BECAUSE OF “MONEY ISSUES” let’s all contact them and ask them to print the documents WE PAID FOR . LETS ALL DO THIS . They’re taking our money and not doing their job … send emails or letters !! Let’s make them accountable !
I would also recommend contacting Congress, as they seem to be working on a package to fund USCIS. Take care, Jason
Hi,everyone!
While I had a pending decision on my asylum,my girlfriend and I we’re planning on getting married.And then I got referred to the court.Two week later we got married.We did not think about the timing before my referral and our weeding. Now we are afraid if we file for GC based on marriage,we might get in trouble during our interview.Who has a thought about a situation like that?
I wrote about this process on August 8, 2018. It is a common story and you should be fine. However, since you are in court, your marriage is subject to a higher standard of evidence and you have to ask for a “bona fide marriage exception” (talk to a lawyer about that one). None of this is a big deal for a couple that is truly married, but you will have to get through the bureaucracy, and I do recommend you have a lawyer for that. Usually, in cases like this, the outcome is not such a problem, but navigating the system can be a challenge. Take care, Jason
Hey, Jason:
Check out 1999. That was one of the last years of the so-called “Schmidt Board.” That year the BIA published more than 50 precedents covering a wide range of topics, many controversial. The vast majority were issued en banc, and many had dissents or concurring opinions. I believe there were something like 17 to 20 Judges that year. Ashcroft later claimed that number was unmanageable in cutting back to 12 Judges to get rid of the so-called “liberals.”
Since the “Purge,” the Board has become increasingly more dysfunctional and less productive in terms of quality legal work. This is even with numerous gimmicks like single Judge decisions, overuse of summary dismissals, panel precedents, actively discouraging dissent, and a plethora of “temporary” Board Members, drawn largely from staff, to cover for Ashcroft’s disingenuous decision to reduce the number. The number has slowly been increased back to the size that Ashcroft once deemed “unworkable.”
The BIA has tried to avoid controversial issues that might prove “career threatening.” Many of their ventures into those areas are essentially “ordered” by Courts of Appeals. More and more, the most important precedents are unethically issued by AGs who are neither “experts” in immigration law nor are they proper impartial quasi-judicial adjudicators. The BIA’s primary role these days is to insure that relief is denied in as many cases as possible to keep AG happy and protect careers. And, the gross errors in the basics are being pointed out by Courts of Appeals almost daily.
An Article I Court after we get “regime change” is the only solution to this unmitigated and unnecessary due process disaster that actually is killing innocent folks!
Thank you for this – well said. I remember when I was JLC-ing in Arlington in 1998-99 and looking at the BIA decisions. They were better days for sure. By the way, I was hoping someone would comment on the clever title of this article. Or is this just me entertaining myself? I hope all is well, Jason
Dear Jason
Im an asylum seeker i got some government benefits which is considered public charge
In one of your comments you mentioned that asylum seeker are affected by public charge but when i googled i got this massage that exempted i noticed asylee not asylum seeker “””” U visa holders, T visa holders, asylees, refugees, and many more categories are exempt. Public charge laws do not apply in the naturalization process, through which lawful permanent residents apply to become U.S. citizens”””
Can you please tell me that is asylum whose has a pending status are also exempted!!
How did you get government benefits with pending asylum?
Hey tina thx for asking
I just got pandemic unemployment insurance that’s it ??
That’s not a problem, but please wait for Jason’s response.
Which I think does not count for public charge purposes anyway. Take care, Jason
If I said that, it was a typo. Asylum seekers are not impacted by the public charge rules, so there is no worry. Take care, Jason
Thank u sorry my bad
You have always said that asylum seeker are not affected correct but when i do google search about who is exempted i can see asylee but i dont see asylum seeker
By statute, asylum seekers and asylees are not affected by the public charge rules – I did a post about this on September 24, 2018 (when it was still a proposed rule, but I think I cite the relevant language). Take care, Jason
Thank u sorry my bad
You have always said that asylum seeker are not affected correct but when i do google search about who is exempted i can see asylee but i dont see asylum seeker below is the msg from google “”” U visa holders, T visa holders, asylees, refugees, and many more categories are exempt. Public charge laws do not apply in the naturalization process, through which lawful permanent residents apply to become U.S. citizens”””
Hi Jason
My ombudsman office made another inquiry last week here is d answer USCIS SENT THIS msg to ombudsman office “” The Arlington Asylum Office can confirm that Mr*****+ case will be assigned to an officer for case completion. You are encouraged to follow up on behalf of Mr. **** if he does not receive any correspondence from USICS within 45 days of receiving this email.
Three months a go USCIS have sent the same above email to ombudsman! My question why USCIS dont make any decision. USCIS seems just playing with my application.
Is asylum office is open in Virginia??
I do not know why it takes so long. They are open, but in a limited capacity. Since they are doing less interviews, you would think they would have time to make more decisions. Who knows. I guess follow up in 45 days and if there is no decision, think about a mandamus lawsuit (we wrote about that on October 2, 2018). Take care, Jason
Hello, Jason. Thanks for what you’re doing and for igniting hope in this hopeless situation. The visa appointment schedule for my spouse and children got canceled in March due to the pandemic. The embassy is still closed and they’re working only for an emergency types of visas. If the president’s extended ban doesn’t affect I-730, you think I can try submitting my medical records caused by the separation as a means of emergency? I was hospitalized and had enough evidences. Do you think that will be a good cause for the embassy to reschedule my family’s visa appointment?
I really appreciate your help.
You can try – I do not know what the embassies are actually doing these days, and my sense is that different embassies have different policies. You can email them to ask about submitting an emergency request. Also, on our list serve, we were notified that embassies would begin visa services again soon. It sounds like the embassies will be opening on their own time lines, and we have no info about specific embassies, but it sounds like they are trying to get things up and running, so hopefully, there will be some movement soon. Take care, Jason
Hello Mr.Jason
I applied for asylum January 2015
Interviewed May 2017
No decision yet
And that’s what they replied to my inquiry
At this time this case is under extended review. Extended post-interview asylum case processing is generally attributable to the particular circumstances and/or the unique eligibility issues raised by an applicant’s individual case. Cases that often require additional, post-interview processing time include those where applicants have not yet cleared all required background and security checks, adjudications that require quality assurance review, and adjudications that require the input of other U.S. governmental entities. While we do strive to issue final decisions within 60 days of the interview, it is at times not possible for us to do so due to factors outside of our control.
We cannot provide you with an estimated completion date at this time.
Thank you,
Los Angeles Asylum Office
It’s not a very helpful answer from them. You can keep making inquiries (yourself and through your Congressperson), but eventually, if nothing else works, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Thank you Mr. Jason
But does mandamus lawsuit affect negatively on the decision?
It should not (but you never know). However, if they cannot approve the case due to the background check, they might deny it and send you to court (which may be better than waiting forever in limbo). Take care, Jason
I really appreciate your full of hope and optimistic response, You’re an amazing human being!
Thanks a lot!
Jason,
I am in a very difficult situation and need help. If anyone reading this can share views based on their experience I would be grateful. My decision has been pending for 16 months. My congressman made various inquiries on my behalf. The first time I was told that it is still in process and a decision isn’t been made. In May I was told that my case is in final adjudication and I will get my decision by June 15. I waited till June 30 and made another inquiry. This time I got this answer “The decision has not been mailed. An additional review had to be performed before the decision can be issue.”
The asylum application is in the final stage of the adjudication. There are some issues that the Supervisor found in the review stage that needs to be address before the decision can be issue. Once the issue has been address and solve the Supervisor will review the case again. If all issues that needed to be resolved is sufficient the case will be signed off on and the decision will be mailed.
I called and I was told my decision has been entered in the system and will be mailed in few days. I asked when should I call back they said in a week.
I am sick and tired of this wild goose chase. I am a PTSD and literally dragging myself everyday. With all the emotional and physical torture I see no light and no hope. There are days that I can’t get out of the bed and pray that I never wake up. I am a coward and I can’t do anything except pray.
Do you know if any of your client got same message or anyone on this platform know anyone who was told the same thing please let me know the outcome. Just for my peace of mind. I am giving up hope on everything. Thank you.
We have seen similar messages, and given what you are hearing, it does sound like a decision will be issued soon. If not, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Good luck, Jason
So sorry Ray.
About PTSD and all other associated feelings, just know that you are not alone .
I am glad you are able to say a prayer sometimes.
All the best, and I pray your outcome is positive, to compensate for some of the stress, and the Past .
Tina,
Thank you so much for your kind words. Sometimes, I think about going back to my country, worst scenario THEY will capture me, torture me, I give the information THEY want then they kill me or they might spare me. I don’t know but either way it would be good riddance. This way it is win win for THEM and my family who have been suffering from past years. I will get what I deserve and will pay the price of being loyal to the American government.
Hello Ray,
As a fellow PTSD survivor, I can tell you that this may be a long term struggle. Depending on the level of PTSD, it may take you a long time to recover. I have PTSD Since the time of my persecution. It has reduced but not gone away. I still seek treatment, although not as often. There are still anti-anxiety pills that I have to take. I came to this country seven years ago and can apply for citizenship next year. So, your PTSD may continue even after you get asylum or green card or citizenship. I’m sure this is not pleasant news for you, but unfortunately such chronic diseases of the mind might take a long time to heal. I wish you good luck.
W, you are so right!!!! Can I get an amen?! Same here with my PTSD- never goes away, really.
Dear Jason,
Trump now wants to fast-track an executive order for immigration “based on merit”
1. what’s your take on this in regards of what could possibly be implemented?
2.. how would that affect (either for good or bad) the asylum applicants who are pending for an interview?
1 – We’ll have to see what is proposed. He has limited authority to just start handing out green cards, so I am not sure what the plan is. 2 – Maybe it would help. If we are creating a path for people to get status, presumably, we will charge them money to do that, and the money will help keep the agency in business. Take care, Jason
Apologies for the double post. Didn’t realize I already posted the first one.
Thank you Jason for always being here to help. I have a worrying question: I am an asylee but I am getting married soon to a US citizen, if I am admitted in US as LPR based on marriage and not status of asylee and then go back to visit my country, will that create a serious issue for me? do you think that after being granted a marriage based green card that I should end my asylee grant before visiting home ? Thank you!
If you get the GC, you should end your asylum case (I wrote about that on August 8, 2018). If you go to your home country, it could still be an issue, since you did apply for asylum and the return trip might cause the US government to think the asylum case was a fraud. I wrote about returning to the home country on January 6, 2016 – maybe that would help. Take care, Jason
I have the same issue, I withdrew my asylum and got green card through marriage. The government on my country has withdraw with peaceful protests and there is a new leader. The new government also released a lot of political prisoners and I don’t have fear with new government. If I renew my passport and travel to home country, doesn’t this affect removal of conditional green card or citizenship? Does the country political situation change be a good reason why I can travel and safe
return?
Thank you.
All that would give you a good explanation for why you went back, but you still risk USCIS or some other agency questioning you about the return and causing you a lot of hassle. If country conditions have changed and it is now safe, you will be able to explain why you went back and how you stayed safe, but the people who initiate any type of investigation will likely not know about your country. In the end, it sounds like you would be fine, but any return trip could create trouble (that said, I have had clients go back and none of them had any real issues after they returned to the US). Take care, Jason
I have personally not visited my country or renewed my passport as it’s not safe for me. However, I have been reading forums and blogs and no one has actually been able to cite a single case where the asylum or the green card was actually revoked for visiting home country for a short time. There is no such law or regulation, however it could possibly create a presumption of fraud. But now the burden of proof of the fraud is on the government and they have to prove it clear and convincing evidence that you were not persecuted and your testimony was false. The evidence that you visited your home country for a short period of time is usually not enough to support this finding unless there is other additional evidence against you. The only thing that I have heard multiple times is that the officer sometimes asks questions about such visits during citizenship application. Again, I have not heard of an N400 denied due to the same. As always, your mileage may vary. Also, things are rapidly changing in the new administration especially about their policies related to asylum.
I have had the same experience, but I think the risk of losing your status does exist. Especially these days, where things are not predictable and the government treats differently people differently, even if they have the same case, and for no apparent reason. Take care, Jason
Jason- in Matter of N-A-I-27 I&N Dec. 72 (BIA 2017) and section 209(b) of the INA, 8 U.S.C S 1159(b)(2012), an alien who adjusts status changes his or her status from that of an alien granted asylum to that of an alien lawfully admitted to permanent residence, thereby terminating the alien’s asylum status (also clarified by Matter of C-J-H- 26 I&N Dec. 284 (BIA 2014). In light of this, how would FREE HUMAN need to terminate his/her asylum status (assuming that FREE HUMAN is not confusing asylee status with asylum applicant)? Wouldn’t the adjustment of status, incident to the marriage petition, terminate his asylum status and therefore no need to do anything on his/her part?
FREE HUMAN- I can’t imagine that adjusting status based on marriage would somehow magically remove your asylum claim/claim that you were persecuted in your country of nationality. Furthermore, even LPRs who acquire such status, based on asylum status, run the risk of losing that status if they return to their COP for extended periods of time, or too frequently. You run the risk of being accused of fraud, even if you adjust your status by way of marriage. This is so because you are not a US citizen and therefore when you travel to your COP, especially on that country’s passport, you are voluntarily availing yourself of the protection of that government/country of nationality. I assume that if you adjust status based on marriage you wouldn’t qualify for RTD and would be forced to use the persecuting country’s passport. Though traveling with an RTD does not, by the way, relieve you of being accused of voluntarily availing yourself of the protection of your government or the country you fled/country of nationality.
Typically, if a person has asylum and then gets the GC, they are no longer an asylee, even for purposes of the 209(c) waiver (which waives bad conduct by a refugee or asylee). My recollection is that the 2017 case is about the 209(c) waiver, but I do not remember. But I agree, no matter how you get the GC, it does not erase the old asylum claim, or the possibility that you could be accused of fraud if you return to the home country. That is rare (as far as I know), but possible. Take care, Jason
Jason, thank you for your response. Just a correction: I said section 209(b) of the INA and not 209(c).
I was referring to the 209(c) waiver – the refugee waiver. Take care, Jason
Dear Jason
I have a question
During this pandemic since i was driving for Uber I wasn’t eligible for regular unemployment but there is another program called pandemic unemployment insurance which is for people who driver for uber and lyft.
I have a pending decision from Arlington since one year !! Do you think it will affect my decision from uscis for people like me receiving pandemic unemployment benefits.
Asylum seekers are not subject to the public charge rules and so this would have no effect on an asylum case (and even so, it seems that unemployment insurance does not affect the public charge analysis). Take care, Jason
Hi Jason,
I found this article and thought it provides some updates on the situation with USCIS. What is your opinion? Probably some good news on the horizon.
https://fcw.com/articles/2020/07/15/russell-dhs-appropriations.aspx?m=1
We will see – I have no idea about what is happening in the Senate, but I do think there is a chance that funding will come through. Take care, Jason
Helppp!! Jasón! Say someting!! Úscis is closing in a few days and firing. Their people cuz of money and we will never ever ever ever get our paper ! ! I’m slowly drying
We’ll see if Congress will step in. If not, about 2/3 of the workers will be sent home without pay. How long this will last, we don’t know, but if Congress comes to the rescue, they will reopen. If not, the situation will be even more of a disaster and many applications will come to a halt. Take care, Jason
MARK, this is standard wording when a decision has been reached on an asylum cases. You can’t infer from the this that Sammy is referred to Immigration Court. This could go either way- granted (or conditional grant) or referred to court.
Hey, sorry about that and I take note. But if Sammy would share a bit with us when he gets the notice, it would be great. I pray it be grant for him after waiting all these yrs. Good luck.
Hi,
A friend of mine in college in the US where we studying the same course together got in the US 2016 and applied for Asylum based on past domestic persecution on her for yrs n fear of returning? She had been referred to court but the courts are stay close down due to covid.
She also recently applied for GC for the LRIF act, got reply to wait for biometric notice when the offices are open. She submitted all documents relating to her asylum and all she been involve with since been in the US employment, graduation from another college here, current college study, community services, with letter or recommendation or reference from all these areas about her as a requirement for the GC.
But she got a message of notice for initial evidence for the GC. She is really worry about what the initial evidence requirement would be for?
What do you think that would be after she stated in her attached GC letter of when she arrived along with I-94 copy and all other references to qualify for The LRIF GC as she is from that country. What would be the possible reason to request for initial evidence? She keeps wondering.
Is this a sign towards getting the GC or not? Even Though she have not done the GC biometric, are they stay going to request that she do the GC biometric though she indicated she did one to get the EAD and interview for the asylum case? Or they going to use her initial biometric since they requesting for this evidence?
Do you think they might just send the GC for the LRIF application when she’s accepted and based on the evidence submission waving the GC biometric and interview? Will they deny if the evidence is not clear or right to support the GC?
Or they may request biometric and later request an interview with her before making a decision on the LRIF GC?
Lastly, can she get marry to an American she recently fill in love with and while all these things are pending? And if no final decision is made on any of the pending cases, can she submit another application for GC based on her marriage?
Can a person submit application for GC for more than one process while they are pending submit application for another one? Is this allow? Have it happen before for anyone to submit GC applications with all the personal information the same but programs different like example: Work GC, marriage GC? Or in the cases of my friend?
What do you think? Will they think she’s doing all the rest just to get EAD or GC and deny her? Mainly the asylum; and Though she’s seriously in love with this guy, planning to get marry n live together. Or should she wait to get decision on any of the first two applications before submitting application for her Marriage GC if she gets marry to the man?
Please let us know, what she can hope for or not?
Thanks.
She will have to wait to see what the request for evidence is about and then she can respond. Such letters are common, and hopefully she can give USCIS what it needs. In terms of marriage, it sounds like she would be eligible to get a GC based on marriage to a US citizen. I wrote about that on August 8, 2018 – maybe that would help. She can pursue more than one application at the same time, but if she has a pending application based on the LRIF, she should probably wait to see if that works. If it does not work, maybe then she can try marriage. She should talk to a lawyer to be sure about her eligibility, but it sounds like she has multiple paths to get status here. Take care, Jason
Hello everyone.
“x
Decision Was Mailed
We reached a decision in your case. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what you should do next.”
This is what I see on case status page. I didn’t get the mail yet. This feels like it will be a negative outcome to me🥺 Anyone who saw this message before?
A friend of mine got the same letter. That message is a referral to court letter. He was afriad like you until he got the letter. But the courts are closed. So you may have to find a lawyer and wait like him until the courts are open.
And its like USCIS is doing this to almost all pending asylum cases that was interview by sending them to court.
Maybe Jason has something different but just like the online message you have, it was the same my friend got and later got the referral in the mail. Word for word online. Nothing different. So wait your referral to court is on the way.
Welcome to the court process sammy !!!!!!!
MARK, this is standard wording when a decision has been reached on an asylum cases. You can’t infer from the this that Sammy is referred to Immigration Court. This could go either way- granted (or conditional grant) or referred to court.
I disagree – it may be a referral, but if it was a grant, I think Sammy would have received the same message. The only way to know for sure is to wait for the letter. Take care, Jason
That does not indicate anything good or bad, except that they are mailing a decision. Good luck, Jason
Sammy,
We have been on this with you from Jason’s last post😀.
Didn’t you say your clock stopped?
Your concern is the letter should have stated that card is being produced, correct?
Well, for want of a better word, are you familiar with the word “extinct”? That is where the card printers are headed, so they couldn’t tell you your card is being produced, because that would be a lie.
I totally understand your anxiety, because any letter from USCIS raises blood pressure.
I was in the same situation a few weeks ago, and that letter meant nothing.
Start researching how to win your asylum case in court to occupy your mind😀, so
when you finally get the approval letter, you will have something to laugh about, or
if it is a denial, you give yourself 👍for being proactive.
I predict an approval, though.
All the best.
Sammy,
Didn’t you say your clock stopped?
Your concern is the letter should have stated that card is being produced, correct?
Well, for want of a better word, are you familiar with the word “extinct”? That is where the card printers are headed, so they couldn’t tell you your card is being produced, because that would be a lie.
I totally understand your anxiety, because any letter from USCIS raises blood pressure.
I was in the same situation a few weeks ago, and that letter meant nothing.
Start researching how to win your asylum case in court to occupy your mind😀, so
when you finally get the approval letter, you will have something to laugh about, or
if it is a denial, you give yourself 👍for being proactive.
I predict an approval, though.
All the best, and keep us posted!