Conventional wisdom holds that resettling refugees and asylum seekers is a burden on the host country. Indeed, many of our nation’s immigration policies are based on this premise: We make it difficult for asylum seekers to enter the country; once they are here, their cases often take many years to resolve and in a majority of cases, they are denied; politicians routinely malign asylum seekers as economic parasites, criminals, and terrorists. But why should this be? What is the evidence that refugees and asylum seekers have a negative impact on their host countries?
A new academic paper by Jennifer M. Chacón, Recounting: An Optimistic Account of Migration, challenges the idea that refugees burden their host countries.
The basic idea is nothing new–I have written about it here numerous times. Refugees tend to contribute more in taxes than they use in services. Immigrants and refugees make up a disproportionate number of our nation’s health care workers. Also, we gain intangible but important benefits by demonstrating that we support people who have supported us and our values. While these are arguments made by advocates, Professor Chacón is speaking to a more specific audience–academics. She argues for a re-evaluation of assumptions that have been implicit in many law review articles about asylum seekers and refugees. The hope is to encourage a more rigorous analysis when thinking about refugees and immigrants, and to avoid unsupported stereotypes that have prejudiced the debate about migration in academia. As I see it, Professor Chacón’s article is important, since law professors are thought leaders, and pushing for more accuracy in the academy might ultimately influence real-world policy.
The heart of what Professor Chacón calls the “optimistic account of refugee resettlement” is the idea that we should take seriously the benefits of migration. In other words, our country gains a lot by accepting refugees for resettlement.
In terms of the economy, the data suggests that “when refugees are allowed to integrate into a receiving state, the host state and the refugee can both benefit economically.” The picture here is somewhat nuanced, and as the Professor notes, “While there is local variation, and while it is clear that the benefits do not incur in the short term, the overall picture of the economic effects of refugee resettlement is positive.” Interestingly, “integration appears to be a critical prerequisite for reaping these economic benefits,” and this fact militates in favor of permanent–as opposed to temporary–solutions for refugees. This is not surprising and I often observe it with my own clients, who are much more willing to invest in their lives here if they know they can stay.
To properly evaluate the economic impact of refugees, we have to look at the costs as well as the benefits, and Professor Chacón highlights certain costs that are often overlooked. These include the substantial cost of trying to keep refugees out–not just at the border, but also in the entire refugee management scheme, which seeks to prevent migrants from getting anywhere near the destination countries. It also includes the cost of interior enforcement and deportation, which splits families and often imposes significant financial and emotional costs.
Another cost–this one more intangible and difficult to quantify–is the cost of resisting change. As the Professor notes–
migration and refugee integration… makes some people uncomfortable. It represents change. It puts pressures on existing institutions and orthodoxies because it introduces new institutions and new orthodoxies. It requires a certain degree of flexibility on the part of both the incoming migrant and the host political community. Many political communities do not want to be flexible. Some of this reluctance is normal human resistance to change. Some of this is racism and xenophobia rearing their ugly heads.
Viewing “resistance to change” as a cost makes sense to me, as we lose opportunities as a country when we fail to adapt to changing circumstances. In my own lifetime, we have seen dramatic increases in the mobility of people and capital, and global interconnectedness. While I do not view all of these changes as positive, it seems obvious that countries that adapt to changing circumstances will do better than countries that only try to resist these changes.
For those of us who work with asylum seekers, we know about the contributions they make to our country–economically and culturally, contributing to science, technology, and art, building bridges to other countries, enhancing national security, and generally making the United States a better and more interesting place to live. While the overall picture is very positive, there are some negatives, including the cost of integrating new arrivals, depressing wages for some workers, and the cost of screening for fraud and criminal issues. But it’s pretty clear that the negatives are outweighed by the positives.
For me, the significance of Professor Chacón’s article is that it calls for more rigor in the academic debate about whether refugees and migrants are “good” for our country. Given my own experiences and observations, I feel confident that an honest evaluation will show that migration is a very strong net positive for our country. That conclusion should be reflected more accurately in the academic debate over immigration. In any case, I am glad to start the new year by thinking about the benefits that refugees and migrants bring to our country. Happy 2023!
Dear Jason,
I am the petitioner and i am petitioning my father from Somalia who is outside the US.
The NVC requires Petitioner Birth Certificate and i don’t have birth certificate but i submitted two sworn affidavits as evidence of my parent’s marriage and for my birth and the NVC has Accepted.
The NVC also requires my father’s birth certificate and i submitted his birth certificate issue by the Somali Embassy. Unfortunately, the NVC rejected the birth certificate of my father and below are their rejected message which i did not understand adequately:
SOMALIA requires 2 birth documents. Please replace what you have submitted and submit all of required documents together at the same time. Please use our Document Finder at https://nvc.state.gov/find for acceptable documents guidelines.
When I visited the link i was given at U.S. Visa: Reciprocity and Civil Documents by Country I found out the following information from the country of Somalia which confused me and I did not understand:
Birth Certificates
Affidavits of Birth: Applicants should submit a sworn affidavit by at least two individuals before a notary public, lawyer, or attorney that contains the following information – where the birth took place, when it took place, and the full name of both parents to whom the child was born to.
May I know if they still require the submitted two sworn affidavits of the Petitioner’s Birth Certificate or they require my father to get two sworn affidavits since my father has no sworn affidavits and he has a birth certificate which is issued by the Somalia Embassy.
If that is the case it will delay my father’s case and it will take a long time to make a two sworn affidavits of my father as evidence of his birth. He submitted birth certificated and has been rejected.
I think nvc made an error to reject the birth certificate. Can I make a public inquiry and tell me the error to make them accept that document?
Please provide an explanation of this matter so that i may properly respond to NVC to their required documents.
Thank you for your time and assistance with this situation.
I hope a reply.
Thanks
Dear Jason,
I am the petitioner and i am petitioning my father from Somalia who is outside the US.
The NVC requires Petitioner Birth Certificate and i don’t have birth certificate but i submitted two sworn affidavits as evidence of my parent’s marriage and for my birth and the NVC has Accepted.
The NVC also requires my father’s birth certificate and i submitted his birth certificate issue by the Somali Embassy. Unfortunately, the NVC rejected the birth certificate of my father and below are their rejected message which i did not understand adequately:
SOMALIA requires 2 birth documents. Please replace what you have submitted and submit all of required documents together at the same time. Please use our Document Finder at https://nvc.state.gov/find for acceptable documents guidelines.
When I visited the link i was given at U.S. Visa: Reciprocity and Civil Documents by Country I found out the following information from the country of Somalia which confused me and I did not understand:
Birth Certificates
Affidavits of Birth: Applicants should submit a sworn affidavit by at least two individuals before a notary public, lawyer, or attorney that contains the following information – where the birth took place, when it took place, and the full name of both parents to whom the child was born to.
May I know if they still require the submitted two sworn affidavits of the Petitioner’s Birth Certificate or they require my father to get two sworn affidavits since my father has no sworn affidavits and he has a birth certificate which is issued by the Somalia Embassy.
If that is the case it will delay my father’s case and it will take a long time to make a two sworn affidavits of my father as evidence of his birth. He submitted birth certificated and has been rejected.
Please provide an explanation of this matter so that i may properly respond to NVC to their required documents.
Thank you for your time and assistance with this situation.
I hope a reply.
Thanks
I do very little consular work and so I do not know much about this. I do know that in some cases, they ask for a birth certificate when it is not possible to get one. As you say, you can use affidavits, but those have very specific requirements and I think you would do well to talk to a lawyer who does consular work to help you get the documents you need. Take care, Jason
I share the Professor’s points. I was an asylum seeker a few years back, and I have been in the USA for six years. Currently, I am among the highest paid. 40K tax deductions in 2021 and 51K tax deductions in 2023. This amount is higher than what the average Americans make a year. WIN-WIN GAME
The data is pretty clear that immigrants – including the most vulnerable group, refugees – are a net positive on the economy. I do think this fact should be included when discussing policy around immigrants, and it is often left out: the US “wins” by taking in more immigrants and refugees. Take care, Jason
HI
I’m applying now for my I-765, Application for Employment Authorization – Asylee for the first time. after 3 EAD as a pending Asylum and I have a few questions about the form
1-.I am applying for (select only one box):
Should I choose a. Initial permission to accept employment. OR b.. Renewal of my permission to accept employment. (Attach a copy of your previous employment authorization document.) and if it is Initial permission to accept employment. should I attach a copy of my previous employment authorization document?
2-. Have you previously filed Form I-765? should I choose Yes Or NO?
Thanks
++
My wife entered the US last month with her refugee travel document as an Asylee, Should I answer Immigration Status at Your Last Arrival (for example,
B-2 visitor, F-1 student, or no status) : Asylee?
Her last arrival sounds like it was as an asylee, since she entered on the RTD, but I am not sure what form you are talking about, and so make sure to read the question carefully and if you are not certain, you can provide a written explanation in a cover letter or on the supplement page at the end of the form. Take care, Jason
1 – We put “initial application” since it is the first application based on asylum granted, category a-5. We also attached a copy of the old (c-8) EAD, front and back. 2 – It sounds like you did, so yes. Take care, Jason
Hi Jason. I am Asylee and GC holder. My Family cane in usa on i730 2 years back and all have GC.Now my a son wants to do marry in my home country sp my all family going there. My Question is: 1. When he come back, will not face any problem on US Airport? 2. After coming back when he will apply i130 for his wife, how nuch time will take her to usa? Any experience idea, expect written on website?
Hello Kamran, My two cents here.
It depends on your asylum case, if your case doesn’t involve your son (example: His life danger, issues surrounding him that you have mentioned in your asylum case) and also if your case involves issues direct with the govt.
When he returns CBP might randomly ask him questions. BUT he being a asylee dependent he should not have issues going to COP and coming back. All depends on what your case say.
1 – Probably not, but if your case indicated that the whole family was in danger, it might be problematic for family members to visit the home country. Normally, though, dependents can visit the home country without problems. 2 – You can Google “DOS visa bulletin” get an idea about that, but counting the time for the I-130 processing + consular processing, it probably takes 1 or 1.5 years all together; it does vary a lot by case and by country. I do not think I have any articles here about this, though I did write about dependent travel on January 26, 2022. Take care, Jason
Dear Jason
I crossed the Mexican border last October. Now I want to seek asylum in the USA. I prepared an 1-589 form and all evidence. After checking EOIR, it turned out that my case is now docketed and I cannot file to USCIS directly. EOIR search results show the address of the immigration court and the court hearing was set. Should I file i-589 to the Immigration court directly? Thank you.
You should file with the Immigration Court and a copy to DHS (the prosecutor) and of course a copy for yourself. Also, you will need to get a biometric appointment. You do that by Googling “Pre-Order Instructions in Immigration Court” and following those. It would be a good idea to get a lawyer to help with this, as it can be difficult. Take care, Jason
Dear Jason,
I have been following you since 2017. I really appreciate the detailed explanation and updated posts. I have this question. I was married when I applied for affirmative asylum at the end of 2016. Unfortunately, the delay of the interview process and the like resulted in my divorce from my wife( my ex-wife, now, never come here to the US). In such a scenario, should I notify the USCIS of the divorce (filled asylum as married)? if so, which form should I use?
Thank you
For an asylum case, it is easiest to update the case at the interview, so at that time, you can inform them about the divorce and provide evidence (such as the divorce decree). Take care, Jason
Hi Jason,
I am thinking of having u represent me. May I ask do you go to other States to appear in court with clients ?
I do represent people in various states, but using a local lawyer is often cheaper and they know the particular court better. That said, I do cases all over the US. Take care, Jason
Hi Jason,
History:
Enter 2009 on J1.
Affirmative application file 2016. No interview.
Deferred Action from U Visa application in 2019, but will get GC from it in another two decades due to cap and a huge backlog. Life is not that long and of course, they know that…
Can I apply for cancellation of removal GC by:
1. Send a message to Asylum Office to refer me to court. I know they did that for all 40,000 cases that were filed 10 years ago as they know their intention to apply fo cancellation of removal.
2. Will I actually be sent to court or will I be just denied asylum as I have Deferred Action? In general, it says if you have a status you are denied asylum but what about a quazi status like Deferred Action (not a real status for any immigration purpose)?
3. When going to the court just file for the cancellation of removal part instead of trying to win the asylum?
1 – In some cases, there was an option to skip the interview, but I did not do that for any of my clients, and I do not know whether it is possible to do now. You can email them and ask – you can find their email if you follow the link under Resources called Asylum Office Locator. 2 – I am not sure about that. I think if you have DACA, you would not go to court since you are not deportable, but you could ask he asylum office when you email them. The problem is that some judges would probably not adjudicate a case where you have even a temporary status since you are not deportable. 3 – You can do that, but if you have an ok asylum case, you should probably present that application as well. Take care, Jason
Good Morning Jason, thank you for everything.
My individual hearing is in February. When i called the court i came to know the hearing is online. Will you be able to tell me as how effective is the online individual hearing compared to in person. And if i request for a in person hearing will it make the judge and prosecutor uncomfortable. I don’t have a strong case since it has been about 10 years with asylum and i am unable to file any new documents.
Hopefully, you can file new documents to update your case and country conditions. As for online, I was pretty skeptical when it started, but I felt like it worked well. I do think some cases are more effectively presented in person (for example, if there are a lot of documents to review with the judge), but for most cases, I think online works well enough that it would probably have no impact on the outcome. Take care, Jason
Hello Jason, hope the New Year brings you many blessings as you are a huge blessing to the Asylum community. I received my GC through Asylum in early 2020 and I was wondering when should I apply for naturalization. I read I may apply 3 months before the eligibility but wasn’t sure if I will be eligible 4 years after the date since I got my permanent residency considering I am an asylee or if I have to wait the full 5 years.
Thanks in advance!
You have to look on the GC itself – it says that you have been a “lawful permanent resident since” and gives a date. You can apply 4 years and 9 months after that date, assuming you meet all other requirements. If you received the GC in 2020, it should have been back-dated to 2019, but that does not always happen due to USCIS error. Take care, Jason
Sorry Jason , forgot to mention my status is pending asylum interview since 2016 and have never taken a flight within the US so asked if EAD can be considered real ID to travel within the US
An EAD should be sufficient to board a plane, but you should check with the airline to be certain. I also recommend you bring a passport if you have one and evidence of the pending asylum case, like receipts. Take care, Jason
MANO
Real ID is not required until 2025. DHS has again extended Real ID deadline to May 7th ,2025 due to backlogs and some other issues. I take bus and flights within US with my state ID/driver license without issues and i have never been questionned at security check point or somewhere else. As someone with a pending case, it should be a good idea to have your state ID as primary document and EAD or any kind USCIS receipt with you just in case something happens.
Hello Jason,
Read recently that real ID is required to travel within the US by flight. Is the EAD card a real ID , if not how does get one.
Hello Jason,
I am in removal processing(asylum). My i130 ( us citizen file for spouse)has been approved. How long does it take to terminate the court case in order to be able file for i485 with uscis?
Thanks
Assuming you are eligible and DHS (the prosecutor) is willing to dismiss the case, it is usually pretty fast – maybe a few weeks. But it depends on the judge, and if you filed a motion and there is no response after a month or so, you can call the court to talk to the judge’s clerk. You can find the phone number of you follow the link under Resources called Immigration Court. Take care, Jason
A TPS Holder can apply for I134A for sponsor someone
I think you are talking about United for Ukraine? If so, I am not completely sure about that – the I-134A instructions should explain that, and my recollection is that anyone in lawful status is eligible, so a person in the US with TPS would be eligible to be a supporter, but I would double check the form to be sure. Take care, Jason
I don’t know if I should say this…but I envy a lot of nationalities. They get a lot of benefits due to statutory policies.
Some are able to get TPS, some can apply for lottery visa, some from Afghanistan or Ukraine are easily approved for asylum…
My country of origin does not have any privilege when it comes to US immigration benefits, no TPS, no lottery visa, no visa waiver, it’s a sh*thole country but the harm people face doesn’t easily fit in the asylum framework…So, whenever I see other nationals can get US immigration benefits simply because they were born in that country…I feel so depressed…
Is there anyway that could help me less envious of say Afghan people ( their asylum application is decided within 6 months and approval rate is like 99%)…I can’t stop crying 😢 when hearing this and thinking of my own precarious situation
People from Afghanistan have lost everything they had and their family members are living in terrible conditions, and so I do not see that there is a whole lot to envy. Take care, Jason
Dear Jason
Im from Afghanistan, came here last year part of evacuation as parolee, april 2022 applied for asylum and got my asylum interview as well but still waiting for decision though it should be been completed by now!
If I understand correctly i have my work permit thru parolee, and it will expire in September 2023, im thinking to apply for renewal, what is your suggestion, do you want me to apply for renewal based on parolee status or renewal based on my pending asylums, ( or its treated as first work permit if i apply based on asylum )
Please leave your input
Thank
You
Delays after the interview are very common, and they can be long. I would apply for the work permit based on asylum pending (category c-8), using form I-765, available at http://www.uscis.gov. It is free, relatively quick, and valid for 2 years, which will hopefully be far more time than you need to get a decision in the asylum case. Take care, Jason
Hello Jason,
I complete my asylum application in May 2022, my congressman has made numerous follower up to Houston division and the latest communication the office got was this
“His asylum application is currently pending supervisory review. The Houston Asylum Office has a number of applications pending supervisory review. And we have no estimate on when the decision will be issued “
Two question:
1. Per this email , it looks like the officer has made the decision already, and my case has already been decided, correct?
2. Do all cases goes to supervisor revision?
3. What are the likely hood based on your experience on what might be decision by the officer?
If it was a rejection they would would just send the the rejection since they are trying to work hard and finish the backlog, if it was a grant? What are are the likelihood ? I’m so shaking as to what this mean going to supervisor
Happy new year 2023
Hello ASYLUM SEEK,
I am in a similar situation, and while waiting to here Jason’s response, I have a question to him,
Given the fact that a decision is pending review, that means that the officer has made the initial decisions?
can one file for a FOIA request to get information of the case, assuming that it will have the initial decision of the officer to know the direction of the case?
Have you filed any FOIA in these situation and what are general the timeframe to get these response?
I doubt you would get such info in a FOIA. I think you just need to wait for the decision. Take care, Jason
Hello Jason,
I complete my asylum application in May 2022, my congressman has made numerous follower up to Houston division and the latest communication the office got was this
“His asylum application is currently pending supervisory review. The Houston Asylum Office has a number of applications pending supervisory review. And we have no estimate on when the decision will be issued “
Two question:
1. Per this email , it looks like the officer has made the decision already, and my case has already been decided, correct?
2. Do all cases goes to supervisor revision?
3. What are the likely hood based on your experience on what might be decision by the officer?
If it was a rejection they would would just send the the rejection since they are trying to work hard and finish the backlog, if it was a grant? What are are the likelihood ? I’m so shaking as to what this mean going to supervisor
Happy new year
1 – I do not trust these communications very much, but if it is accurate, the asylum officer made the decision and now the supervisor must approve it. This is standard procedure and there are often delays at the supervisor level. 2 – Yes. 3 – I know nothing about your case, so I do not know the chances for success. These delays are completely normal for grants and denials, and so I think you just have to be patient and make periodic inquiries. If you do not get a decision soon, you can file a mandamus lawsuit – I wrote about the different options on March 30, 2022. Good luck, Jason
Hi Jason,
I am wondering do you do deportation defense in general ? Like some people may ask for PD from ICE, with or without a removal order. Check ins, release/bond hearing. Do you help with these people or mainly focus on asylum ? like the asylum office or EOIR-side of things
Thanks 🙏
We do many types of removal defense, but most of our court cases involve asylum. Take care, Jason
Thank you 🙂
….does anyone have a positive timeline for RTD completion? Applied March, 2022, and now USCIS processing time increased to 15.5 months. Trying to get to Ukraine (oddly enough), derivative asylee (spouse’s country). Tried to expedite twice, denied. I thought I’d meet both financial and humanitarian reasons, but seems like everything is okay back home – to them. 🙁
We are seeing cases take about 12 or 14 months, and so a 15.5 month time frame seems believable (I think that is the time by which USCIS completes 80% of RTD cases). Unfortunately, expediting is very difficult. You can keep trying, if you have the time, but hopefully, you will get the RTD soon either way. Take care, Jason
Hello Mr.Jason,
Thank you for all your help. My country has TPS and I want to apply with my daughter who is under my asylum case. Do I need to create a separate USCIS online account for my daughter? Is it possible to apply for her under my USCIS online account? My USCIS online account shows only my name and not my daughter’s name.
Thank you so much!
I am not very good at the online stuff (though I need to do more of that), but as far as I know, each person must have their own account. Take care, Jason
Hello Jason,
My case was with Judge Crosland in Baltimore and they postponed it to end of next year 2024. What do you advice me?
You can either wait until the next court date or try to get a sooner date. I wrote about trying to expedite in court on April 20, 2017 and maybe that article would give you some ideas. Take care, Jason
Hi jason
In my husband asylum case there are 5 dependents ( children and adults). My question is to give a decision do uscis process the background check for all 6 person or only for the applicant? Does this require more time?
Thank you
You would think they would do background checks for everyone, but we have seen cases of Muslim men talk longer than cases of non-Muslim men (in general, not always), but if the Muslim man is the dependent and the wife is the principal, these cases generally seem to move faster. Maybe this is just my impression, but it seems to be so for many of my cases. If so, maybe it means that the dependent’s background check is less thorough than the principal’s. This does not really make sense, but many things in immigration do not make sense. Anyway, I suppose this is a long way of saying that I am not sure. Take care, Jason
Hi everybody and happy new year,
Jason have you ever had immigration court which one did not finish at first day and takes more than one section and also have you ever had cases at the court that the background check was not ready if yes how long after individual hearing the background check was ready!?, thank you.
Most cases are resolved the same day, but some are not – it is not uncommon and has no real relationship to the ultimate decision (it is mostly based on the judge’s schedule or sometimes, if the case is complicated). Sometimes background checks are not done, but that is uncommon. The delay depends mostly on the judge’s schedule, but most judges reschedule pretty quickly – in a few weeks or months. Take care, Jason
Hello Jason,
It’s been over a year I have applied for RTD, including the application for my wife and my daughter. I found that USCIS has approved only my wife’s case. The rest still show “..finger prints have been taken…”. Is that normal since my wife is the derivative applicant?
I think the processing time for an I-131 RTD is about 12 or 14 months, so I think this is normal (unfortunately). If you have a reason to expedite, you can try that – I wrote about expediting in general on January 29, 2020, but probably, you will receive the RTD soon. Take care, Jason
Hello Jason,
If there is certain issue in my I-131 application and USCIS is going to reject it, should that be impacting the application for the derivative applicants too? Since they have issued the RTDs only for my wife and my daughter and there is no update for mine, is there is any possibility of rejection for my RTD?
Each case should be decided independently, and so if there is a problem with yours, it should not affect another person’s case. Take care, Jason
I have a friend who is asylum seeker in Sweden, she has been there for over 9 years, but she is just in limbo just with temporary permit. If she travel to US, can she apply asylum, since she couldn’t find permanent refugee in Sweden.
The question is whether she was “firmly resettled” in Sweden; whether the Swedish government offered her permanent status. Based on what you write, it seems that they did not, but this question can be complicated and so I would have her talk to a lawyer here before she comes, to see whether she might be considered firmly resettled in Sweden (and this ineligible for asylum in the US). Take care, Jason