Preparing an asylum case is a bit like building a fortress. You make the walls as strong as you can, re-enforce weak points, and hope for the best. It’s the job of the Asylum Officer, the DHS attorney (the prosecutor), and the Immigration Judge to probe for weaknesses and, where appropriate, break down the defenses. If they succeed, you lose your case. So here’s my theory: An adjudicator who wants to deny asylum can deny asylum. Some cases may be harder to deny than others, but a smart decision-maker can punch holes in even the strongest and most well-prepared asylum case.
In my own practice, I recently lost a case where the Immigration Judge meticulously deconstructed the asylum claim in order to deny relief. This was one of those cases that some IJs would have granted, and others would have denied. It so happens that our IJ has a 93.5% asylum denial rate, and so the odds of success were always pretty slim. But the decision got me thinking about how judges and Asylum Officers decide cases, and about whether I can do more to prevent future losses.
My client is from Central America. Gang members murdered her husband and tried to kill her sons. The sons defended themselves and killed two gang members in the process. One of the sons was initially arrested, but was ultimately released after a court found that he acted in self defense. Gang members then threatened my client and other family members. In the face of these ongoing threats, my client and her family fled the country and came to the United States to seek asylum.
In my opinion, our case was pretty strong. We had a decent argument that gang members were targeting the entire family (for our “particular social group”) and that there was past persecution (credible death threats combined with harm to the family). We also had a fair amount of evidence, including a couple police reports, death certificates, and a news article about the son killing two gang members. In addition, we had numerous witness letters and a ton of helpful country-condition evidence (explaining the dire situation in my client’s homeland, including that gang members are ubiquitous throughout the country and that the government does not have the capacity to protect its citizens).
Despite all this, I was not feeling particularly good about our court hearing, mostly due to that 93.5% figure. It struck me as particularly unfortunately, since earlier on, the case had been assigned to a different IJ, with only a 21.2% denial rate. So you can imagine that we might have had a different result with a different judge. In any event, we have no control over which IJ hears the case, and as they say, “You get what you get and you don’t get upset.”
In reaching his decision, our IJ was very thorough, and I have no doubt that he is very smart. Although he found my client credible, he felt that she was either lacking information or not telling the whole story, and so her credible testimony only got us so far. In examining our evidence, the IJ noted what we had submitted, and then explained what was missing. For example, although we had some documentation (from the police and the newspaper) about the son killing gang members in self defense, my client was not able to get court documents from that case. Finally, the IJ refuted our legal arguments and found that our client had not suffered past persecution based on a protected ground, that the government could protect her (or at least was making an effort to protect her), and that internal relocation was possible.
In other words, despite all our evidence, credible testimony, and a lengthy legal brief, the IJ examined each aspect of the case and found it lacking (on the plus side, the IJ did find our client credible, which is better than the alternative). The purpose of this detailed analysis, of course, is to increase the likelihood that the IJ’s decision will survive on appeal.
So what could we have done differently? I suppose I could have advised the client to move to a different state, in the hope that she would get an “easier” judge. But that is disruptive and expensive, and there is no guarantee that she would do much better. We could have pressed the client harder to get more evidence. But there are limits to what evidence a client can obtain (though perhaps if my client could have afforded to hire a lawyer in her country, she might have been able to get court records). Further, I fear that if we got three pieces of evidence, the judge would have asked for a fourth. If we got four pieces of evidence, he would have required five, and so on. The problem is, no matter what we do, it is always possible to do more. Also, the fact is, asylum seekers and their lawyers have limited time and resources, and so we often aim for “good enough” rather than perfect. Unfortunately, “good enough” for one decisionmaker may not be good enough for another, and “perfect” is probably never achievable.
While it is tempting to give up hope, particularly with certain adjudicators who seem determined to deny asylum, some cases are being approved (6.5% of them in our IJ’s case). Also, there is still the appeals process and–potentially–review by a federal court. These paths can sometimes be used to overturn erroneous IJ decisions, but they are long and often expensive, and so not an option for many asylum seekers. It is also generally easier to win in court than on appeal, and so it is best to present the strongest case you can to the judge. This means double checking for consistency and working hard to gather as much evidence as possible.
In the end, though, adjudicators can find a way to deny almost any case. Even the strongest fortress has its weak points. What adjudicators hopefully understand is that the law does not require an unassailable case (indeed, the “well founded fear” standard for asylum is a fairly low bar). Given all the limits on asylum seekers (and their attorneys), a “good enough” case should be good enough for an approval. Decision-makers should keep these limits in mind when evaluating asylum cases. They should not destroy asylum cases simply because they can. In this way, legitimate asylum seekers can obtain the protection that they deserve.
Dear Jason,
I did some research on the rate of approvals, this source provides a great visualization https://trac.syr.edu/immigration/reports/590/ My family applied ( I am a dependant under my parents) for Asylum in January of 2015, that’s going to be seven years this new year. We have no idea when we will have an interview. Would moving to a state with a higher rate of acceptance make a positive impact on our case?
TRAC is a great website and organization, but they are talking about Immigration Court, and not asylum office cases. I hope they will one day look at asylum office data, but as far as I know, they have not yet done so. I did an analysis of grant rates for different asylum offices on February 5, 2020, and I think that is still the most recent data (for whatever reason, they stopped releasing reports on asylum office approval rates in 2019 and have not resumed). I also did another post (with older data) that directly addresses the question about moving to a new jurisdiction in the hope of being interviewed at a “better” office. That post is dated February 26, 2015. In short, the office grant rate is one factor to consider, but it is not very useful when thinking about one individual case, and so may not be worth up-ending your life to move to a new place, when it may not make a difference. Take care, Jason
First of all, I want to thank you for the wonderful job you’ve done in writing this blog.
I believe that, in this case, the judge understood that the case was not yet clear for the reasons that the gangs killed this woman’s husband… It could be a rivalry between the rival gangs and in turn, the alleged victims were not covered by the article under the protection of witnesses for having denounced something against gangs… Etc…
As much as it’s in self-defense, he killed someone, I think in the end, in the opinion of a judge, he’s a little concerned about offering asylum to someone with blood on their hands. Well, there are countless situations and emotions, it goes from person to person who is evaluating the case.
Thank you!!
My client was the mother of the person who killed the gang member, so there was no issue there. And the social group was family since we argued that all family members were targeted. As far as Central American cases go, my opinion is that this one was fairly strong, but clearly not strong enough, at least for this judge. Take care, Jason
I am back at this case again. May I ask, do you have a feeling during the process, that, this judge is being selectively strict in this client’s case ? It’s a different thing if a judge is just strict to a particular person compared to being strict to all people.
Because the way you described how the judge acted, it feels to me that the judge REALLY doesn’t want the client to win. Make me wonder, did the judge already have a decision before you and your client stepped in the hearing…
Some judges seem to make decisions before hearing the case, unfortunately. Take care, Jason
Dear Jason,
Thank you for your continuous effort and time in helping and assisting all fellow asylees.
I am Syrian, i applied for Asylum in 2015 in Arlington and i had 2 interviews and then i was referred to court back in 2019. My Individual hearing date was scheduled (2 years later) in February 2021. However, it was canceled few days before the court date because of COVID-19 and no new date is assigned yet. I tried to apply for a motion. However, after waiting and following up for few months; IJ responded that i have to wait until i have a new appointment date before he considers my motion request. I believe my case is with the same IJ you are referring to in this article.
1. My company offered sponsoring me for permanent residency through PERM process, is that doable in my case? Can i start with the PERM process with my current situation?
2. If PERM is doable in my case, is it ok to apply for TPS right now so i can apply for travel document and try to see my parents in Lebanon?
3. Any update on the court backlog? Did they start hearing back cases in Arlington court? When do you expect they will start to schedule the canceled hearings?
Thank you in advance.
Joe
1 – It may be possible, but you most likely have to leave the US. I wrote about this on August 28, 2018 and September 6, 2018. In practical terms, it is probably not possible, but it may be – talk to a lawyer to evaluate the case and map out exactly how you will get from where you are today to a GC, and whether you need to leave the US (and if so, how that will work). 2 – Yes. And in fact, if you have TPS, it will make it easier to leave the US and return. Even so, you need to talk to a lawyer before you travel, as leaving the US may be considered a self deportation and you may not be able to get back (though I think that would not be the case, as I have had several clients in Immigration Court who left the US and returned based on TPS and Advance Parole). 3 – They hear some cases in Arlington, but the backlog is a mess. They are rescheduling some cases, but how they choose which cases, I do not know. Take care, Jason
Hey Jason, recently IJ declined our case and I was the derivative on the asylum application. We will be appealing too BIA soon. It is very stressful and things are not working between me and my wife. If we get divorce, will my status change to illegal? I wanted to know how would the divorce affect our asylum case and me being a derivative. Thank you for all your help and support.
I am sorry for your news. If you are a derivative on her case and you do not have your own case, and you got divorced, you would no longer have an asylum claim pending and you would have nothing to appeal. I am not sure exactly how everything would get sorted out and whether your case and her case could be separated on appeal. Also, do to lawyer rules, it is possible that you would need to get a new lawyer (and she would too). You can avoid this by consenting to the current lawyer to continue representing both of you, even if there is a conflict, but if she or you does not agree to that, you would have to find a new lawyer (and so would she). In short, I think you will need to discuss the specifics with your lawyer and how you can best proceed. Take care, Jason
Hi Jason,
When was your post about travelling back to country of persecution ? I wanted to read it. Thanks
On January 6, 2016. Take care, Jason
Hi Jason, my asylum based GC application has been pending for over 3 years. I have done everything and contacted everyone(uscis, ombudsman, senator….) to move my case forward. The only option I have left with is to sue USCIS. The funny thing is when I talked with a tier 2 uscis officer, he told me that, ”I know your case is outside the normal processing time, but I am not at liberty to tell you when your case will actually be adjudicated.” I don’t know what else to do. At least if they could backdate for 3 years on GC, I wouldn’t have been disappointed, but we are waiting for nothing. Any thoughts on this? Can it be done with a lawsuit?
Thank you, I really appreciate you taking your time to answer our questions, when nobody cared.
The problem is that you do not know the problem. What is causing the delay? If you think it might be related to a TRIG issue (terrorism related inadmissibility ground), that could explain it. An example of that would be that you paid money to some group that the US government does not like (even if you did not want to pay the money), and they placed an indefinite hold on the case. On the other hand, this could just be a “normal” delay, since everything is so slow. You might talk to a lawyer to try to think through this. You could also file a request for your file (follow the link under Resources called FOIA USCIS). I think the last resort is a mandamus lawsuit, but that would be an option if nothing else works. Good luck, Jason
Jason, I know 3 asylees- and I am sure there are many more- who are from countries that have nothing to do with terrorism. Also, these 3 people have no criminal record/nothing about paying money to terrorists. However, their cases are at TSC for 2.5-3.5 years!!!! This is outrageous! I feel like cases are assigned to officers and some officers deliberately put away some cases to gather dust. I have been saying that illegal and improper practices are going on at TSC and nobody is taking me seriously. In fact, people think I am losing my mind. But, I know if an audit or investigation is done at TSC, the systematic discrimination against asylees would be exposed.
I am not surprised by that wait time, especially given the posted processing time at TSC. And that is not the least of their problems – they were very aggressive about rejected I-589 forms for the smallest, often illegitimate reason. If you happen to send an I-589 to them that should have been sent to a different service center, they will not send it back or let you know, it will disappear. For pro se applicants, they will think that they filed the case and will be waiting forever. So I agree that they need new management and that they should be investigated. How that will ever come about, I do not know, but there is a mess in Texas. Take care, Jason
I am think a lawsuit calling for an investigation or audit to be carried out should work. I am not sure if this is farfetched given what has been happening at this location.
I think it is a great idea, but you should talk to a lawyer to see whether you even have standing to sue. Also, you might contact some impact litigation organizations, such as the ACLU. Take care, Jason
“thinking…”
Hi Jason
Is it possible to pay the fee for pending asylum-based i765 renewal by credit card?
has anyone done that? I see there is an option to file using Form G-1450, but not sure if we pending asylum seekers can do that. Here is the link.
https://www.uscis.gov/forms/filing-fees/forms-processed-at-uscis-lockbox-facilities
Hello my friend, i have done two times and you are exactly right you need to fill that form.
Good luck!
I rarely use a credit card, so you have to check the I-765 instructions regarding payment. I believe if you are filing based on c-8, it goes to the Dallas Lockbox and you can pay by credit card, but check the instructions to be sure. Take care, Jason
JONY, you can use credit card; however, you MUST follow the instructions on the form meticulously (I can’t emphasize this enough). A minor mistake with card payments may result in your application rejected for incorrect fee.
Is using a fake document to obtain employment a particularly serious offense ? It seems to be a common practice for people who lost both legal status and lawful presence…
https://www.latimes.com/world-nation/story/2019-08-26/e-verify-detects-workers-legal-status-how-did-immigrants-get-around-it
In my situation, even with a C8 work permit, I find it very difficult to land employment…so I … somehow have a feeling that…In the event that if I am denied asylum, for subsistence and medical purposes…I might need to take that approach…If I am caught using fake documentation to obtain employment…would I be in serious trouble ?
Another approach is I earn some money illegally, doing things I might not be proud of…which could be also be very serious ?
I do know that I definitely need a lot of money…a lot of them…I cannot make progress in my medical process without huge sums of money…so merely working without documentation, which is considered less serious…may not let me have the funds I need…
Whatever you do, don’t do anything illegal that can jeopardize your status here. No potential employer should refuse you employment just because of your work permits category. If they are doing that, then its discrimination and they could face fines for that. Also, there should be hundreds of available jobs out there right now. You just need to take the right approach. Use a professional job agency to find a job for you then onboard into a company that can eventually be offered a full time position. I was perusing my last job agencies website and clicked on a link to something that grabbed my interest. Didn’t realize it triggered an application. Next day I got a call asking if I wanted to setup an interview. I declined, because I am currently transitioning from my current job and I want to get the severance and take a little time off to relax.
Thanks very much Enronn. I don’t know…in fact, even U.S. citizens who have my traits are constantly found jobless and homeless and resort to do some…other work…
Although there are many employers care about immigration status, this is not my only concern.
Is it possible that I can find a job that doesn’t need to show any identification that will give away my immigration status and any metric other than legal name and…probably birth date ?
Other than birthdate and legal name, I don’t want to share anything with anyone. I am even very uncomfortable in sharing my SSN because once you give out ur SSN, there are people who could trace you maliciously…but unfortunately SSN seems to be needed for employers who do direct deposit.
Can I make arrangements with these kind of employers so they can write a check or pay cash to me ? Because not wanting to give out personal information basically excludes me from almost every job…
If you are working for a legitimate company, providing your SSN should not be an issue. Its how you pay into the social security that benefits you when you retire. Also, its important for tax purposes, so things like your W2 from your employer can be available to you when you file taxes. Its no different from a Tax ID or National ID in your home country.
Guess what, even when you become a permanent resident your green card is still gonna say under C8 which is asylum. Even the approval letter mentions your category under i485 is asylum. So, this is something you won’t be able to escape.
ENRONN SIERRA, just a small correction: your GC doesn’t show C8. It shows the category AS6/7 (for adjusted primary and derivative asylees). But, yes, all the immigration documents have a code based on the category the applicant falls in. Personally, I don’t think this is something people should be losing sleep over. If the immigration status/code shown on the document affects you so badly, then you may want to consider alternative ways of immigrating. Most employers don’t even care about these codes or know what they mean, anyways. What they really care about is the validity of the document and that you are actually authorized to work in the U.S.
I agree with this. While those “in the know” can look at the code, very few people will bother with that. Even those who know that a particular person has (or had) asylum, most people do not know what that means. And even if they do know, they do not have details about the case and you are not required to share those details. So I think the idea that this is something to worry about is pretty far fetched. Take care, Jason
They should not care so much.
I guess I am also not thattt worried about the code…
But other metrics have me worried. I feel only comfortable showing my real name and birthdate…I am not sure if photo id is a requirement, but it could also be concerning…and some other metrics that may change. If people find out that I changed some certain metric, they will immediately know that I am of a certain trait, which will hurt my privacy…
I also want to remain stealth and not out my personal traits…I guess C8 is not as worrisome as some other personal metrics, that will change in the future. Once I change, it will be hard to remain in the closet…
Is there anyway I can both remain in the closet and maintain a job ? The metrics of mine that will change include everything except birth date…I really don’t know, there isn’t any precedent for me to refer to. So I am asking, I am sorry about that. But opinions welcome.
For U.S citizen or actually asylees, they have the option to present less privacy-invasive combination for work. But I don’t know a single asylum seeker from my country of origin with my trait, the asylum seekers who have my traits usually do work under table or something illegal ,if you know what I mean. Others don’t have a job and mostly homeless. So that’s why I feel I don’t have any precedent to refer to.
Is there anyway for an asylum seeker with my trait finding a legal job…without risking outing myself and preferably without disclosing asylum seeking status ? Or is it something an asylum seeker with my trait have to give up ? compared to other asylum seekers ? The closest case from this blog, because, presumably no personal metrics change needed, may not run the risk of being outed.
I am not sure you have ever specifically indicated what that trait is, and so it is difficult to know if there are others with the same type of case. Take care, Jason
“Asylum seeker”,
How would any one be able to make any suggestions without you saying what this trait is.
You keep speaking in parables.
You have gone from not being able to find a job with ” your c8″ to not wanting to present it.
It sounds like some kind of alien trait with scoring metrics, and because all US employers know you, they will reserve your current trait for future metrics, whatever that means, hun?
I am sure there are people with such transitions that live normal lives.
Out of curiosity, if you plan to remain in the closet with your current and future trait,why are you seeking asylum?
And how do you know that there are no LGBTQ asylum seekers on this blog who changed their traits or plan to.
Again, except this trait of yours is an ‘alien’ one,it has been done before.
My personal trait should only be known my the U.S. government and my authorized individuals. No other people should get their hands on my private matters. I guess I have the right not to disclose my private matters to unauthorized private citizens.
Some people of that trait feel comfortable to be not stealth, I don’t and I feel like if I want to stay stealth, I should be able to.
Is there anyway we could not specify the trait but get some help ? Or does it have to be the case that help is conditioned on the surrendering of privacy ? A lot of people don’t have to surrender that privacy because they are fortunate enough to not belong to a controversial group. I wish I could have that privilege.
If you want to win an asylum case, you have to specify the reason. I think your privacy concerns are understandable, but they are not consistent with doing an asylum case. Also, the asylum office is god about keeping things confidential, and so I think you should not feel worried about that. Take care, Jason
@tina, if it’s possible, please refrain from using alphabets to describe people…
@Asylum seeker.
I will be happy to make the correction, and would respectfully address you how you prefer to be addressed. Could you please help me understand what you mean by ” don’t use alphabets to describe people”?
Using a fake document is most likely a crime with criminal penalties. There are also immigration penalties, depending on what you do (the most serious being a false claim to US citizenship, which bars you from any immigration benefits and there are no waivers (though it does not bar you from Torture Convention Relief)). Take care, Jason
Since when people get rejected in asylum due to medical conditions??? What you talking about man?? Do you medical condition due to drugs addicted?? Cause your medical condition has nothing to do with the asylum decision! You’re brainwashed
…
Hi Jason
I have an scheduled biometrics appointment for my I-485. It requires a valid Gov issued ID, my home country passport is expiring day before the appointment. Is expired passport can still be considered as valid ID for the biometrics appointment?
Thank You
You should be able to use a state ID too.
I think they will accept that, but if you have any other ID, you should bring that as well (including things like your birth certificate, US visa (if it is on a different passport), school and work IDs, and of course, any state ID from the US). Take care, Jason
Thank you for the response Jason. I will take my birth certificate as well, I hope it’ll work out coz I don’t have any valid ID with me except for the expiring passport.
Hi Jason, I got rejected by IJ, can you please suggest if I can apply for PD status while my appeal with BIA is pending?
Thank you for all your help and support.🙏🙏
Hi seeker,
Really sorry to hear that. I know it’s really hard to stay strong in these circumstances but we all are in this together and will fight till the end.
By the way, what was the main reason for judge to deny the case. One of my friends got approved in BIA decision.
I am sorry to hear that. I hope your decision to be reversed in the board.
Are all LIFO cases being interviewed in the Arlington office?
It’s seems not. At this point, it is very unpredictable and unclear, since I am not sure how long a case must be pending before it is in the backlog. But so far, many of my LIFO cases filed in 2021 have not yet been interviewed. Take care, Jason
Hi Jason, thank you for your support, I have a quick question, is it good to be a member of ASAP as a pending asylum?
It allows you to get a first-time EAD faster based on asylum pending. Plus, if you are renewing, you do not need to pay the biometric fee, so you save $85. Aside from that, it is a great organization that helps asylum seekers, so there are many reasons to join (not to mention, it is free to join, though contributions are welcome). Take care, Jason
I want to ask a question in this decision “that the government could protect her (or at least was making an effort to protect her)”
I am wondering how the judge could come to the conclusion that the government could protect her ? The judge is basically making a projection into the future…and I believe that future should be grounded on past/ongoing record…is the country condition report working against the client’s claim ? how can the judge be so certain ? If something bad really does happen sometime in the future, will s/he retract his/her decision and grant the client the right to reopen the asylum claim, can the judge make sure the client can make it to the U.S. again ? intact ? My opinion is, if the judge can be sure that the country’s government can protect her, then s/he should level with the client and … provide a safety-net should things go wrong…I mean, if we are only talking about the decisions. If there is something else going on (biases, not wanting to grant the applicant asylum…that’s another story)… I remember there was an earlier blog saying an asylum seeker was repatriated and was killed in his/her country of origin… I guess I am just curious about the reasoning and soundness of the judges projection into the future, and, if no worries regarding the client’s privacy, would like to learn a bit more.
I deal with employment issues and have see quite some cases, usually, the tone of “things will get better, and/or work in the system and/or be patient” normally comes from the oppressors to the oppressed. and usually the aim is not really to resolve the situation but to protect the oppressors’ interest. The “government could protect” sounds a lot like this kind of rhetoric…I think similar situations arise in mediation in divorce cases…I don’t have hard statistics, but all the mediation efforts I know of fail…when there is inequality of balance of power…why is it reasonable for a person to project “the one with the stronger power will voluntarily do something beneficial to the one with the weaker power” ? Should I believe that ?
I did not list all the facts. The police did make some effort to protect the person, but it was not adequate and we presented evidence about why that was not effective. The judge’s conclusion on that point was supported by some evidence, but there was also evidence that the police could not protect my client. Like I said, a different judge could have reached a different conclusion on this point, and all we can do is presented the strongest case that we can. Take care, Jason
Thanks Jason for weighing in…I guess, after I learned the appointer of this judge…I become unsurprised…And I regret deeply for my former support of Tr*mp. I can’t ignore how profound the harm the previous administration has caused to the asylum community. I will support Joe Biden for President in 2024 and will do everything I legally can to help get him re-elected
Jason, the US Supreme Court ruled that a chance of persecution that is as low as ten percent may result in a well-founded fear sufficient for asylum (do judges even consider this ruling?) Also, it is widely understood that if the applicant establishes past persecution, though there is no standard definition of what constitutes persecution, then the applicant has a well-founded fear of being persecuted. However, the government can rebut the well-founded fair claim if there is evidence that the client can internally relocate. Can the client internally relocate or is there a pattern or practice in the client’s country of persecution (of groups who are like your client) such that the client can’t escape persecution? Though we don’t have all the facts of the case, we can logically infer that the judge might have erred when s/he failed to take note of the police’s inadequate effort and the submitted evidence that the police could not protect the client. It seems to me that the biggest challenge for your client is demonstrating that she is not able to relocate safely, or showing that the persecution is widespread/pervasive and so organized that her government is unable or unwilling to protect her.
Regulatory language probably weighs less than judicial discretion…sometimes unfortunately…
While our IJ had a very high grant rate, other IJs with a better approval rate could also have denied this case. Some IJs would certainly have granted it. It really does fall into a gray area where the facts could be viewed as meeting or not meeting the legal standard, depending on how you look at it. I think the likelihood that we will win on appeal is low, as there is enough leeway in the law (too much in my opinion) to support different interpretations. Anyway, we will try our best and see what happens. Take care, Jason
Jason,
Was your client not offered any other form of relief?
No – Central American case are some of the most difficult to win, due largely to the “nexus” issue. Anyway, we will do our best on appeal. Take care, Jason
I appreciate your effort. I want to follow up this case. and it will guide me to decide a lot of things (personally and medically) and what that client decides to do if all relief is denied and s/he/they lost in the federal court, if privacy is not a concern.
For my country of origin’s normal route…people who lost in court usually abscond and eventually will be able to “find” or find a resident spouse to marry, so not a lot of people from my country of origin were actually removed, even if they failed their asylum application. Few of them made it to the board and even fewer made it to federal court.
I am not sure how it will work out for me because my situation is too peculiar among applicants from my country of origin, I don’t believe I will find a resident spouse…and I am not so sure I will “find” one either. Few people from my country of origin will offer support.
What I want to say is, if the expected repatriation is…not that great, at least for other people…should I start the particular, probably irreversible medical treatment that will bring me harm in the case of repatriation. It has been delayed for various obstacles…but danger and risk are big factors. I really envy that for most of people, medical decisions are not a factor in their asylum struggles…
I think you have to evaluate the risks for yourself. Unfortunately, since asylum cases take forever, many life decisions are more difficult to make. At the same time, it is often better to move forward with your life than wait in limbo, but that is a personal decision and depends on many factors. Take care, Jason
Correction: “…well-founded FEAR…”
Jason, I hope the client wins on appeal. I just think that the BIA gives these judges too much deference. I they perform gymnastics sometimes to not grant relief/give deference to judges. The same goes for the appellate courts and the BIA. The judge’s error has to be so obviously inconsistent with the law or clearly erroneous for them to remand. So sad.
Unfortunately, the Trump Administration elevated many anti-immigrant people to the BIA, and so it is harder than ever to win there. Maybe some of the federal courts are easier. Anyway, all we can do is present the strongest appeal that we can. Take care, Jason
Best wishes to you and your client.
Please let us know what happens. I know it’s a long road.
That’s right. I will take all in to my deliberation and best wishes to your client. I feel that if she really suffered past persecution or has a well-founded fear, she should be granted asylum…definitely would like to learn more.
I guess I don’t have to wait for this particular case. May I ask, if privacy is not a concern, how do the central American seekers usually end up when they failed their asylum application ? do they…go back ? stay here ? or …
I do not have data on this point, but either they go back or they go to a third country or they stay here illegally. If they stay here illegally, they risk detention and deportation. Take care, Jason
Hi Jason,
I am green card holder. I won the GC through the lottery (diversity visa). After staying one year in the USA, I returned to my country and continued my undergraduate education in my country. I stayed around 4 and a half months in my country and came back to my USA without any problem.
My question is should I add an extra 4 and a half months when I am applying for citizenship?
Thanks,
I do not think so, as the requirements are different. You have to be sure that you did not cause a break in your physical presence (but normally you need to be outside the US for 6 months or more for that) and that you meet the other requirements. But typically, leaving for 4 months should not affect your eligibility to naturalize or the time frame. Talk to a lawyer about the specifics of your case to be sure. Take care, Jason
I am about to apply for GC in a few months..Texas service center time line is giving me night mares..+ the rtd is pending since January at Nebraska (though I applied at the Texas centre)
The kids (aged 7and 12) case is pending at the local embassy for interview
As a only kid haven’t seen my parents since 6years..
Is it advisable to move to a different state which falls under Nebraska service center
Please Jason and other fellows pour in your suggestions
Thanks
I tend to think moving is not a great help and is also very disruptive, but maybe it is not a bad idea these days, as TSC is so much slower than other service centers. The problem is that processing times change, and so a slow office today may be faster tomorrow. On the other hand, TSX has been a mess for years. If you go to http://www.uscis.gov and look at the Direct Mailing Addresses web page for the I-485, you will see which locations send their I-485 to which offices. Take care, Jason
Yes I do agree that moving is kind of stressful…any means of expediting the GC process?
There is no harm in trying, but it is not so easy. I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
Dear Jason,
I have a unique and very strong case and my individual hearing was scheduled for this August. My lawyer prepared the case and sent the documents to the court last week. But on Friday out of the blue my hearing date was removed from the system! Have you had such an experience or do you have any idea what is the reason?
Cheers,
Cesar
I have had this experience many times sine the beginning of the pandemic. We prepared and filed the case, only to be told that it was canceled at the (relatively) last minute. I suppose you can ask the judge to reschedule the case as soon as possible, but this is not so easy, especially since we are still seeing cases canceled. I wrote about how to try that on April 20, 2017. Take care, Jason
Hello Jason, it’s an incredible article, it arises a lot of questions how justice system/jusges work. I will recommend you to read “Talking to strangers” by Malcolm Gladwell, there’s a chapter which tries to explain how judges sees the impressions and words of defendants- his work is interesting. By the way, after reading your article I am thinking if he researchs the immigration courts, he may have to rewrite the book again.
He also compares judge’s decisions to an AI computer program and finds judges were wrong to a certain percentage when it comes to issue bail bonds – computer systems were less likely to release hardcore criminals than a judge and vice versa. It’s a must read and you might find some answers for the questions you arose in article.
I’ve read some of his stuff, but I don’t think I’ve read that one – Thank you; I will take a look. There was an interesting study where judges’ approval rates for bond depended on whether they had lunch. I wrote about that in the immigration context on April 22, 2011. Take care, Jason
What a hell is going on with EAD based on pending asylum? Look at the processing time here
Estimated time range
Form type
Receipt date for a case inquiry
2 Months to 3 Months Based on a request by a qualified F-1 academic student [(c)(3)] April 10, 2021
8 Months to 11 Months Based on a pending asylum application [(c)(8)] August 23, 2020
2.5 Months to 5 Months All other applications for employment authorization February 13, 2020
This means, we now need to wait over a year to have a small printed piece. This is more than persecution
I got recipe on January 18th and old one already expired July 2 with this time frame i will loose my job cause it got extended till December and i am not gonna get it before than, they want us leave this country.
Friends, I feel you on this EAD matter.
Let me tell you guys one thing that consistently works with USCIS. It is called PERSISTENCE!
Here is why I think it works- you may reach a compassionate person the first time you call, thank the heavens.
But if in 3 weeks after you call nothing changes, call again, and again, and again, and even again. Believe me, if you continue, you will likely reach someone who would understand the hard circumstances we are surviving under, and do something.
I almost lost my job in 2017 due to an expiring EAD. The second time I called, I could hear the compassion in the person’s voice. I received my card in 2 weeks.
Call until something changes!
Good luck!
Thank you so much Tina, could you please tell me which number also if i call them i will be told you have the letter and have to wait what should i tell them then?
The regular customer service number.
I think you should make the first call 2 months before your extension expires.
I don’t remember if the extension was in place when I had this issue, but regardless, 2 months before the end of the extension, you should begin to let them know you may loose your job in 2 months.
I also believe you may receive it before the extension is up, because mine that I applied for in September just got declined, which means they just got to it.
My extension would have been up next month.
Good luck!
800-375-5283. Lucky me, I have memorized this number…
@ASYLESS,
I am sorry for the delayed EAD. On May 7th JJ posted instructions on how best to reach USCIS.
Below is the exact post. Thanks JJ for the post. I have used it several times and i have found officers with compassion. Good luck:
This is the procedure I followed:
By Phone: Call the USCIS Contact Center at 1-800-375-5283.
When the automated machine asks “How can I help you?”, loudly say ‘Rosario’ or ‘Infopass’ to reach a representative.
Once you reach a representative, let them know you are a member of ASAP and a member of the Rosario class.
Ask for a service request number. Sometimes USCIS representatives will not want to give you a service request number, but you should keep insisting.
You will need to provide the following information:
(a) your I-765 receipt number
(b) your A-Number
(c) the “received date” on your Form I-765 receipt notice (Form I-797, Notice of Action).
Write your service request number down and save it.
You can see more information on this website:
https://asylumadvocacy.org/work-permits-for-asap-members/
Thank you so much my friends i will try to call two months before my expired date.
God bless you all.
@BEYOND FRUSTRATION…. I am glad to see that my post has been helpful to someone else like it was for me. I did not have so many hopes when I contacted them but thanks GOD it worked for me and looks like it worked for you as well. I really hope this also works for everyone and nobody loses their job due to the delays USCIS is facing with EAD cards. I have my fingers crossed on the rumors I have been heard about the possible citizenship for essential workers through Infrastructure Budget because I am a Transmission Engineer who has been working for a Power Utility Co-op since 2015.
As many of you guys, I have been waiting for my Affirmative Asylum Interview to be scheduled since May 2014 – 7 years and counting….
Thanks and have a excellent and productive day.
Warm Regards,
JJ
We are mostly not seeing renewals take that long, but things are pretty bad. This is why it is a good idea to file to renew on the early side (the earlies you can file is 180 days before the old card expires). Take care, Jason
Hi Jason,
I had applied for a renewal of my EAD back in early March, thinking that I wouldn’t get my GC so soon. I got the 180 day extension with the processing of the renewal ongoing. So, what’s going to happen that application I started in March? Will it just be automatically cancelled since I am getting the GC already?
I am not sure that the different sections of USCIS communicate with each other, so they may end up issuing the EAD. Since you don’t need it, you can just set it aside. I suppose if you have the GC, you can write to USCIS with a copy of it and ask them to stop processing the EAD. You might even ask for a refund of the filing fee. If you get it, I will be very shocked, but there is no harm in asking. Take care, Jason
I want to renew my EAD now (9 months before) attorney since he can only do it 6 months before , is that true ?
Attorney told you the right thing.
Correct – the soonest you can file is 180 days before the old card expires. If you file earlies, USCIS will likely reject the application (and potentially keep the fee). Take care, Jason
Hi Jason,
Thank you for helping the asylum community, i have 2 questions does anyone know the Green card processing times for the NBC it seem that information is not available anywhere.
Secondly i applied for my greencard 7months ago at that time i did not apply for the rtd since i have not heard any update on it can i still send in the form without the filing fee.
Thank you
NBC
https://egov.uscis.gov/processing-times/
Thanks for the link but i do not see the NBC
It looks like someone responded with the link to processing times. For the RTD, you should be able to avoid payment by including a copy of the I-485 receipt. I would include a cover letter stating that you are submitting the I-485 receipt instead of the filing fee. We have done that before and it has worked, so it should work. Take care, Jason
Thank you.
Hi Jason, My RTD has expired and I wanna apply new one, should I send them expired RTD or copy is fine?
If the RTD is expired, you can just send a copy when you file for your new RTD. You only need to send the original if your RTD is still valid (and yes, this rule is idiotic). Take care, Jason
Hi Jason,
Do you think that the sentiment toward asylum seekers and immigration in general is changing toward a more positive attitude, esp now that Biden administration is trying to reverse some of the decisions made by the previous one?!!
I’m asking this question because I’ve been waiting for more than 6 years, still haven’t made even an interview, and reading and hearing all those rejected cases makes me to absolutely have to hope that my asylum case will be accepted after this long period of waiting. I think you realize the trials and tribulations we are going through and it’s very difficult to keep waiting, only to be rejected later.
Do you think there will be hope for our asylum cases in general in the near future?
Thank you so much for your help.
I do not know that attitudes are changing, but that is not really relevant to asylum cases (at least not in the short term). What we need is a more organized and effective policy about scheduling interviews. That is difficult in a pandemic, and the mess at the US/Mexico border also does not help. However, as both those situations seem to be easing, we can hope that things will improve for affirmative asylum seekers like you. We have been lobbying to try to return to the FIFO system, where cases are interviewed in the order received – if you are interested in helping, I wrote about that on April 7, 2021. Also, you might try to expedite your case – I wrote about that on March 30, 2017. Take care, Jason
Jason, I had the similar experience in Taxas 2 days ago, the Judge rejected my asylum claiming that even though my testimony was very credible and I was able to provide all evidence where I was harmed but to grant asylum or CAT I was not harmed enough and I can go back to the part my country where people are more secular. I think IJs are just being told to reject every asylum claim. Do not know when this would improve.
I am sorry for this news. It sounds like you need to appeal. The fact that the judge found you credible does make it more likely that an appeal will work. I wrote about the appeals process on November 25, 2020 – maybe that would help. The Trump Administration seemed to choose some judges based on anti-immigrant ideology and those judges are still there. Also, many judges have been in the job long before Trump and have low approval rates. Hopefully, you can appeal and have success there. Good luck, Jason
Hi Jason, I got rejected by IJ, can you please suggest if I can apply for PD status while my appeal with BIA is pending?
Thank you for all your help and support.🙏🙏
I am sorry for the news. You can look into PD, but you can stay in the US during the course of your appeal, and so if you want to do the appeal, you do not need PD. On the other hand, if the appeal is weak, or if you prefer to try to avoid the risk of losing, maybe you can get PD and the case can be Administratively Closed. This means that it is still open (and so you should be able to renew your EAD), but it is no longer on the schedule and will just remain pending until you find some other type of relief or we get a new Administration that once again eliminates PD. In short, you should talk to a lawyer about whether this is a good idea for you, and if so, how you will approach DHS. Take care, Jason
I have been waiting for 5 years.
It’s so hard to wait. I called the asylum office, they said the are working on this year cases afterwards they will walk their way backwards from 2019.
You can try to expedite – I wrote about that on March 30, 2017. Some offices have “short lists” which can also reduce the wait time. I think I discuss short lists in that same article. Take care, Jason
Hi Jason,
How long does it for USCIS to transfer a file from NBC to a local office? Is that a physical file transfer or electronic?
I do not know, but I have a theory that all USCIS files are transported by donkeys. Very slow donkeys. I do think the physical file is transferred, as they need that when they interview you at the local office. Take care, Jason
Dear Jason,
I came to USA in 2016 and I filed my asylum application in February 2017. Still no new s about calling for the Interview. Recently I got married to a US Citizen (He is also from my motherland and he is a naturalized person). So my husband is asking me to withdraw my asylum application as we are in the process of filing AOS package. Kindly let me know what should i do in this situation.
Thanks
I did a post on August 6, 2018 on this point. For my clients, we file the GC case and only withdraw asylum after the GC is approved. Otherwise, you risk being sent to Immigration Court, which will likely end up being expensive and stressful (though as long as you are eligible, the result should be the same and you should get a GC). Take care, Jason
Hi. I am applying for GC after one year time of granted Asylum. With form i485 i wanna apply for Refugee Travel Document ( like passport), not Re entry form ( Like a page).I think RTD is free when we fill it with GC? Many people do mistake to get RFD at the time of filling form. How i can Tick RTD correctly?
If you file for the GC (form I-485) and the RTD (form I-131) at the same time, there is no extra cost for the RTD. When you complete the I-131, make sure to complete the parts for the RTD. It is a little tricky (since the form is used for several different applications), but if you read the form carefully and read the instructions, you should be fine. Take care, Jason
I am sorry; I am not sure why anyone would think it’s OK to have one court denying almost 94% of the cases it adjudicates and another approving almost 80% of its cases. How does this make sense in 2021, or in a country that ostensibly values fairness and an adherence to the law? Also, why do we continue to make excuses for what is CLEARLY unethical adjudication? In some instances, we think our “shortcomings” are to blame! I also fail to understand why some people can’t accept that some of these “adjudicators”, operating under the guise of being “thorough”, “just hard” or “legally smart”, do in fact let their personal biases interfere with them ethically carrying out their duties as public servants. Are we going to pretend that a large swaths of the American population- and I don’t mean any disrespect; I am only stating the facts- and by extension a good number of public servants-don’t harbor feelings of bias and bigotry? And, yes, people who wear judicial robes can be biased and bigoted! And, yes, they wouldn’t get where they are if they never had some level of intelligence! Personally, being a xenophobe or racist is not entirely a big deal for me- if you are able to separate those personal feelings from your job. The issue is when you start to make decisions, consciously or unconsciously, based on those feelings.
Yes, we know that winning asylum sometimes requires navigating legal intricacies; however, with such disparity in grant rates, one is reasonably forced to consider if personal biases affect the preponderance of the decisions by some adjudicators. If that’s not the cases, then clearly, adjudicators who grant 40-80% of their cases are either not as smart as the adjudicators with a 6-10% grant rate, or they are just interpreting a different set of laws.
Edits for clarity:
1. “that large swaths of…”
2. “If that’s not the case…”
A lot of Americans don’t like asylum seekers…
And that’s a fundamental problem, Jamie. Too many wrong people or people with the wrong intentions have been empowered. Xenophobic and racist sentiments are very strong in some people. Implicit bias can affect anyone at any level. How you respond to your own bias is what makes the difference. This is why I cringe every-time I see the word “discretionary “. It’s literally a door open to personal bias. We need more transparency and less discretionary actions.
We also need more guidance from the BIA – if there were more published decisions, IJs would have less leeway in each case, as there would be precedents for them to follow. I have been harping on this point for years, and it seems to me a no brainer. But maybe the BIA simply does not like to publish decisions, as that requires taking responsibility for something and no one likes doing that…
The problem is that there is no “correct” grant rate. Should it be 6% or 80%? There is no way to know, and an adjudicator can be sympathetic and fair, but still deny a very high percentage of cases. For me, the problem is that the law leaves too much room for adjudicator discretion. The solution, I think, is for the BIA to publish many more decisions, so that judges and Asylum Officers have more guidance. That is what happens in other areas of law, and it reduces disparity. If adjudicators can find precedent decisions similar to the case they are trying to decide, it allows them to make more precise and consistent decisions. Until that happens, we will have to live with these very divergent grant rates. Take care, Jason
Jason, this may be true
What a journey this has been for me. In the fall of 2018, I came to the USA reluctantly with the hope of starting my life over and a dream of living in my truth. It was not an easy decision and certainly was not an easy process. Winning asylum 6 months later, a process I could not even fathom was in itself overwhelming. Then finally receiving my EAD and the ability to work in the US legally; that sense of self-actualization was finally happening.
Leaving behind my home country, my culture, my family was hard. But I just could not keep pretending and always sensed the United States was an inevitable beacon of freedom for me. It was truly where I was meant to be. Maybe it was the culture, the films, TV and music, the food, the people, the dream big lifestyle, that sense of safety and possibility to fully realize who you are. There were bumps along the way to get here, but I don’t regret it.
For those who have yet to start the journey or just going through the process, I send you all the strength, love, compassion, blessing, and prosperity that your journey ultimately leads to success. Even though my experience was a hard one, I think about those who are not fortunate to have some of the resources afforded to me. I think about those trapped in persecution, stuck at the border, crossing through the Darien Gap. My prayers are with you.
Timeline:
December 2018 Asylum application submitted
February 2019 Biometrics interview
May 2019 Asylum interview
May 2019 Recommended Approval Notice
June 2019 Approval Notice
July 2020 i485 application submitted and accepted
March 2021 Biometrics interview
July 2021 New Card is Being Produced (no interview)
Congrats Enronn, hope you can be free to be yourself in this land. I wish more people could have understood us.
Thank you for sharing and Congratulations on all this. Also, thank you for your contributions here. Take care, Jason
Thank you both. It appears the timelines have improved. When I called USCIS back in April, I was hearing 26 months for my type of case. Instead, the process of submitting the application is exactly one year. As sanity returns to USCIS under this administration, we will see a return to normal processing times. I’m sure if it was the previous administration, there would be some artificial delay.
I hope I will be eligible to become a citizen and vote in the next election.
I hope so – but I think your processing time was faster than average, as many people are experiencing much longer delays. There should hopefully be a confirmed USCIS Director soon (apparently, her confirmation passed through the committee – barely – and will now go to the full Senate) and hopefully that will help get things in order. Take care, Jason
Congratulations on your Green Card!!!🎊
Just curious which service center did you apply at???
I am sure it won’t be Texas Service Center for sure because they are very very very slow 😂🤣
Congratulations @ENRONN. Indeed, elections have consequences. Hopefully you’ll naturalize in time.
@PENDING, TSC being slow is an understatement. They cash the checks, sit on applications and just decide to do nothing unless they are forced to. I wish I knew about the toxic obviously biased culture there.
Mine was processed through Nebraska Service Center. Thank God it wasn’t through Texas, I have read about the nightmares there. My lawyer knew what he was doing to avoid that place.
@CORDY I hope so too, I’m already practicing for the naturalization test. Right now, I just want to take a vacation. Was looking at Florida or NY. I was a bit worried since I was gonna travel to either using my country of origin passport and my i94, which i wasn’t comfortable with.
OMG that is so fast.
you said your lawyer knew how to avoid TSC. Any recommendations for us? What is the way to do that? Tell us please
I probably should take that back. I guess based on my location in the US, my case was assigned to Nebraska. But it was the best decision ever. I would have likely gotten it sooner if I had initiate things like the Medical earlier. The doctor who signed off on, went on a two vacation, which delayed it a bit.
Mr Asylum seeker can you stay focus on your personal topic and not jump to another peoples matters? I have seen you asked in previous blogs about personal people details and share their experiences with you which is not your business, please try less to write your personal opinion dude, and be on point about your own case. you waste a-lot of people’s time here and write so much meaningless stuff,
Not criticising you just telling you what you have been doing here for last couple of weeks.
I mean…
For I765 based on pending asylum, do I write N/A for all empty boxes or questions that I don’t have to answer?
1. For example, I don’t have middle name so do I write N/A?
2. For questions, where it says “Fill Item Number 11 to 13 if yes” but I wrote No, do I still have to type N/A even though it is not relevant?
Also, ‘Other Names used’ doesn’t accept ‘/ ‘ special character to write N/A. So do i just write NA or Not applicable or leave it empty?
Sometimes, we print the form and write additional info (like N/A) by hand. That is fine. You can also write NA if you feel that is needed on forms that are submitted electronically. Take care, Jason
There is no harm in writing “N/A”, but we do not normally do that for most questions (maybe for a middle name, we do, as USCIS might think you forgot to fill the answer, but we would not for the situation in #2). Take care, Jason
I remember the person who posted sometime ago that he/she entered N/A in the middle name column,, because he/she did not have a middle name. USCIS produced the document and had his/her middle name as NA.
It goes to show that you just can’t win…
Hi,
Is there any waiver or exemption for anyone who applied for asylum that he can get approved without any interview or hearing.?
Thank you.
Sometimes people with a mental incapacity may be able to avoid the interview, or at least have a modified form of the interview – I am not sure. Aside from this possible exception, the law requires an in-person interview for every asylum seeker. Take care, Jason
Hello dear Jason
I have a immigration court case pending since 4 years my individual hearing date is in 2022 my lawyer says he has a special Jewish religion ceremony on my hearing date so he says I can’t come to your court date so my question he wants to postpone my court date or I have to go alone to my hearing date or I have to hire another lawyer , so can he postpone my hearing date doses he has the right to do this I have already paid his fee, please give some light on this ?
Thanks
AB
Court cases are held on Jewish religious holidays (not to mention attorney vacation days, wedding dates, etc.). Also, courts frequently schedule dates without asking us. For firms with a lot of lawyers, that is not usually a big deal, as a different lawyer can do the case. For small firms or firms with only one lawyer, it is a problem. The fault may lie entirely with the court, or it may be the lawyer’s fault (for example, if the judge gave him options for dates and he did not realize he had a conflict). You do not have to keep that lawyer and you do not have to agree to postpone the case, but if he is not available, then I think either you need to change the date or find a new lawyer (in which case, you may be entitled to some refund). Another option may be to try to expedite the case – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason
I have been waiting for my interview for past 6 years and have been renewing my C08 EAD. Today, when I checked the USCIS website to calculate the fee, it says Biometrics $85.00, I-765 $410.00 to total of $495.
Is that correct? I don’t recall paying a separate fee for biometrics just for EAD renewal and always only paid the I765 fee? Did something change? Any thoughts on it?
2nd to this. I am about to renew my EAD soon. Where will I give the biometrics ? will some letter sent to me after I filed my i-765 application ?
i mean indicating where I should take the biometrics ?
They will tell you where to do biometrics, and if it is even needed (though unless you join ASAP or Casa de Maryland, you have to pay for biometrics). Take care, Jason
Thanks :). I guess it’s perfect timing for my renewal as my name change will be finalized soon and starting soon, a new identity…and hopefully a new life.
It is correct and changed in about August 2020. If you join one of two non-profit groups – ASAP or Casa de Maryland – you can avoid the $85 fee. Otherwise, you have to pay. I wrote about these groups on September 23, 2020, with links to join them (ASAP is free; I am not sure about Casa). Take care, Jason
After reading your article, I guess I cannot agree more. I particularly concur with your 8th paragraph…
It also gets me thinking…if I ever feel that…the asylum office adjudicator intends to deny me…should I continue the interview and surrender more information ? can I just say “I want to end this interview” and walk out ? Cuz…it seems, the more I counter, the more I am giving the adjudicator ammunition so that s/he/they can write opinions that can survive the appeal. I want to survive the appeal, so … what’s some good advice when I find that the adjudicator intends to deny ?
In addition…how man discordant cases end up having a positive outcome ? Because, I feel that…a negative decision is not made lightly…so when asylum officers or immigration judges intends to deny…they obviously will make sure their intention to deny stand…so when they issue such intended denial…could that be an indication that they are confident that the applicant won’t survive IJ or BIA appeal ? Like, I also wonder how could it be possible a case that is lost in asylum officer win in immigration court, or how a case that is lost in court win in BIA (or being remanded to immigration court)…Aren’t they disputing with their colleagues when they differ in their opinions ?
I think you cannot always tell from an interview how the decision will come out, and so I would not normally advise a client to end the interview. I only ever did that once when a client was caught in a lie and then kept making it worse. In terms of cases being reversed at the next level of adjudication, that happens often and I think very few decisionmakers worry about offended their colleagues. Take care, Jason
Thanks Jason for weighing in 🙂 . This will really help in my deliberation process.
Gee, I feel asylum seekers are so varied…I would not lie in front of an asylum officer.
For me, I think my claim will be a good case to test the limit of how acceptable the U.S. is of people like me. When I was young, the people always liked to point out to me that, even though some countries recognized a certain right, the U.S. hasn’t, which means that certain right is at best, a fringe idea. Now after all these years, that right is recognized. I can finally have some hope for the future.
Hi Jason,
I am an asylee filing for I-485. One question says “Have you EVER committed a crime of any kind? (even if you were not arrested, cited, charged with, or tried?” I have already answered its above question that asked if I have ever been cited or arrested, but I am not sure how to answer this one. I was arrested and charged with a simple misdemeanor 4 years ago due to a misunderstanding. I was not guilty. After I described the issue to the persecuter, my persecution got deferred and finally was dismissed without any admittance of guilt. I do not believe I committed a crime because if I did then my case would not have been dismissed. But people tell me to answer yes and explain but I am not sure why I should say yes I committed a crime while I did not. Please help. Thanks
I think the answer is less important than making sure USCIS does not think you are trying to hide something. Based on what you write, I think you could answer either way, and then circle the question, write “See cover letter,” and in the cover letter, explain what happened. This will avoid the problem of USCIS saying that you lied, and you should be fine. Take care, Jason
Hello Jason
I’m worried about my EAD a lot. I applied on February 2021 but I didn’t receive my card. I called them and they told me to wait.
@Ethio,
I am sorry for the delay of your EAD. All EADS are currently experiencing delays. However it all boils down to the Processing Center that your application was send. Different centers have different processing times.
If you want to know how long your application will take; go to YouTube and search for: US Immigration updates I 765 processing timelines. They track each center’s processing times; Weekly.
Good luck
EADs are slow for most people. If you got the receipt, and you filed before the old EAD expired, your old EAD is automatically extended by 180 days, so maybe that will help. Otherwise, it has been about 4 or 5 months, and so as long as you received the receipt, you should get the new EAD soon. Good luck, Jason
lol…I guess it really echoes with what I said before: a case will be denied if it is going to be denied.
I also feel that this judge may have some personal bias…maybe towards Central Americans, maybe towards asylum seekers overall…
I do not know, but he certainly makes an effort to deny cases. I do not think that is within the spirit of the law, but it is within the letter of the law, and of course, he can do that. I do wish he (and other such IJs) would look at the cases from the point of view of asylum seekers and lawyers, with out limited ability to get supporting evidence. Take care, Jason
I also want to ask…for clients who lost in immigration court, is it the normal practice to help them appeal in BIA or federal court ?
They have a right to appeal at the BIA and for most issues, they can appeal to the federal appeals court. However, without a lawyer, these paths are difficult, and lawyers are often expensive. Take care, Jason
Honestly jason many people understand the asylum rights in wrong way!!! A lot of folks don’t deserve aslyum but they just apply and that effect bad on the people really need asylum! Long story short if the applicant doesn’t have physical harm or any medical harm or serious threat you will get denied at all levels and you’re just wasting your time! For
God sake if you don’t have strong evidence or obvious physical harm of prosecution then don’t apply for asylum and effect the people who really needs asylum! The officer and judge most likely wont believe your stories that you tell him/her with strong evidence! Unfortunately 70% of central americans who apply for asylum ain’t scared of anything they just wanna improve their living style but unfortunately aslyum is not for that purpose so find another way to stay legally here ! I heard many different stories from asylees and actually i felt bad for the officers who will interview them like what kind of bs is that!! They say they harmed us and prosecuted us while they don’t have even a single scar!!
I strongly disagree with you, many central and south americans run away from harm and violence. It’s just they don’t seem to fit in the framework of the current asylum framework. Many Asian countries’ asylum claims are granted. But it’s because they fit in the framework…However…I am afraid the large majority of these claims are purposefully…staged…to fit in the framework of the current asylum system…so I don’t feel that U.S. should publish criteria of asylum…so that people in populous countries can … know how to invent asylum claim…
I always feel that the U.S. asylum law should designate a severity metric of past harm or future threat and downplay the 5 grounds requirement…cause it is true that many people suffer significant harm or threat but just because they are not covered in the 5 grounds…they can’t be granted asylum…
No asylee
The US has to let everyone knows what’s the asylum requirements so people think if they fit in the framework or no! Don’t get me wrong but every country has harm and violence even here so what the american black who got discriminated by the cops shall go apply asylum in Canada or europe? No violence and harm shouldn’t be a reason to be granted asylum! It shall be only for political issues with the government or political opinion or race or stuff like that not because there are gang groups so i wanna leave cause I’m scared! Nope nope nope and trust me i knew many folks who got tortured by the police in their countries for saying their opinions and all their body are full of injuries and they go get medical reports from the hospitals here in the US that proves that person was prosecuted and guess what? The officer most likely will trust you with the obvious evidence but if it was on my hand i would never grant asylum for anyone without strong evidence not just the story and talk bla bla bla
I usually feel that…those who purposefully collect evidence…is … building up an asylum case…Real asylum seekers will have no time and resources to collect evidence or travel through the legal system. They usually come through the border because they are running away for their life. In fact, I would think the more evidence a person presents, the more suspicious the claim is…because…it will feel to me that the asylum claim is more likely…staged or invented…
Asylum seeker
That’s the biggest lie ever!!! Everyone needs evidence or your story is full of sh*t! Evidence is the thing makes your case strong! I can make 100 fake story in my head and go say i wanna apply for asylum! If any attorney read what you say that evidence means it’s made up case then they will laugh at you! People need to understand if you have no evidence about your story then most likely your asylum will be denied in all stages
I remember my attorney in Boston when she told me you have strong evidence and guess what i granted asylum and she was the happiest person for me
The law actually speaks to this question (the REAL ID Act) – it says that you are required to provide evidence that is reasonably available. If you fail to provide the evidence, you need to explain why you could not get it. So if the decisionmaker thinks you can get evidence, and you fail to do so, and do not have a good explanation, that can be a basis to deny asylum. Take care, Jason
I mean congrats. But I feel there is some merit in my claims. What I said could very well happen.
“True Asylee”, you are clearly very ignorant of how asylum/refuge works. I am a firm believer of reading up on any immigration benefit you intend to apply for. I suggest you use the internet more intelligently. For instance, it looks like you believe that asylum seekers have to have physical scars- never mind the POSSIBILITY of being physically scarred, the psychological scar, and the actual fear of being persecuted-before asylum status is granted or adjudicated (BTW, can you explain to us how having scars reduce fraudulent/frivolous asylum claims?) Also, don’t tell me that you are too simpleminded to not know that many asylum seekers use scars untruthfully to bolster their asylum claims! I won’t explain to you how you can qualify for asylum based on certain “PSG”. If you care, you can always research this. But, until you understand the complexity of the asylum system, which also consists of decades of legislation, please do not attempt to offer opinions that are not based on facts or how the asylum system actually works.
I don’t know that “deserve” and asylum can be discussed together, as there are so many variables. The Central American cases I see involve severe harm (like the one described above and worse). However, they often don’t fit cleanly into the legal framework of asylum. So while they may not “deserve” asylum in the legal sense (and CA cases are often denied), they are often facing severe harm. The question for us, the USA, is who we want to grant asylum to. Do we want to protect victims of gang violence? Domestic violence? Or not? What I have long advocated is a democratic decision (from Congress) about this question, and an honest debate. Of course, putting “honest debate” and Congress into the same sentence is also a fool’s errand, and so we will likely remain stuck where we are, and asylum seekers will remain a political football. It’s too bad we can’t learn to debate issues honestly, reach conclusions, and make decisions. Maybe one day. Take care, Jason
I think it is arrogant for anyone to think he/she is more deserving of asylum than any person or people of certain nationalities. We are/were at the mercy of AOs and Judges. .
Some of us got fortunate, some, not so much.
Physical scar is not a sure sign of persecution, and anyone can produce scars.
I have about 3 scars that are not related to my claim, and I am sure many more people have one form of scar or another from domestic, car, and playground accidents
True Asylee, so Asylum grant should be based on physical scars?
“Show me a scar, granted “. Easy Peasy!
Ever heard of emotional and psychological scars? Those are always worse than physical scars.
They throw you in a dark dark dark hole.
Have to concur here. And I will not forgive entities who brought me harm and forced me to endure incongruence.
and entities who didn’t take action
Please what going on? when are they bringing back FIFO’ we’ve had enough of LIFO’ at least now that we have a new administration, what going on? it’s disturbing seeing new cases getting interviewed before the old ones , it just pure wickedness, some asylum case been pending for 7yrs I think we should focus more on getting rid of Lifo .
I mean…stay calm…if you want to expedite, you can try. I think Jason has wrote an article about that in the past.
Stop calling for calm! Stop writing about speeding up things! I have been waiting for an interview for 6 years, I tried to speed up the interview four times, during this time my father died, my mother has cancer, and this is not a reason to speed up the interview. What they do to us is immoral.
And my medical progress is stalled…I guess what can we do other than stay calm and expedite…if you make a scene in front of the field office. I am not sure it’s gonna be helpful…
. May I ask why your medical process is stalled?
If I start (in my case, resume) medical process now, there may be visible & irreversible change that happens, if I am repatriated and those change persists, I could get into harm. Since I haven’t reached safety, I am not sure if it’s a good idea to resume my medical process. But not resuming, or delayed medical process in this aspect could also have serious complication for people in my situation. Delayed such medical process increases dysphoria and incongruence, and will make people like me suicidal.
Mr Asylum seeker can you stay focus on your personal topic and not jump to another peoples matters? I have seen you asked in previous blogs about personal people details and share their experiences with you which is not your business, please try less to write your personal opinion dude, and be on point about your own case. you waste a-lot of people’s time here and write so much meaningless stuff,
Not criticising you just telling you what you have been doing here for last couple of weeks.
Please use correct pronouns…
I agree and we have been lobbying Congress to intervene with USCIS about this issue. If you are interested, I wrote a blog post about that on April 7, 2021. Take care, Jason
Hello Jason, thanks for helping us, i have a question my case is about changing religion i do not have any evidence that i changed it back in my country have you ever had any of cases like my case ? And in your idea what is my weaknesses of my case?
You can get letters from people who know about your religion and when you changed. Even if they are in the US. Generally, for such cases, you need good evidence of your new religion, which presumably you are practicing in the US: Photos at events, your name in church/mosque/etc. newsletters, letters from the religious institution and fellow congregants, certificates from the religious institution, etc. For most cases, strong evidence that you practice your religion here is very important. Take care, Jason
Thank you so much.
Hello,
Do we have to submit I-693, Report of Medical Examination and Vaccination Record as an asylee when applying for I-485 Adjustment of Status? one of my friends said that as an asylee we don’t have to submit I-693 and USCIS don’t require it, is that true? Thank you.
It is required, but you do not have to submit it with the initial application. You can, but that is up to you. If you do not submit it initially, USCIS will contact you and request it when they need it. Take care, Jason
Hello Jason, thanks for what you are doing for the asylum community. My family, back home had to renew their passport because it was about to expire. I have submitted their old passport to NVC while processing I-730 and their visa interview is scheduled for August. Do you think I have to resubmit/notify NVC or the embassy about their renewed passport (with new PP number) before their interview date? Will it be a problem if they show up on the interview date with their renewed passport?
I appreciate your help!
I have not encountered that situation that I can recall. My guess is that they can probably just bring the new and old passports and it will be fine, but I would recommend you email the embassy to let them know and see what they say. You can Google them and you should find an email address for Immigrant Visa processing. Take care, Jason
Hi Asylee,
Can you please let me know of your timeline ? How long have you had to wait before NVC sent your case to the Embassy i.e. how long did your case stay in NVC after your case was approved by USCIS.
I wish they had a right to a jury trial.
most Americans probably don’t like asylum seekers…beware
I did a post on March 28, 2018 on this point, if you are interested. Take care, Jason