Disorder at the Border

The Biden Administration has proposed new regulations that restrict who is eligible to claim asylum at the U.S.-Mexico border. The new rules anticipate the end of Title 42, a public-health program that limited the number of people who could seek protection at the border. Advocates have condemned the new measure, labeling it a “transit ban” that is unworkable and a violation of U.S. asylum law. Whether the policy is illegal, I am not sure, but it certainly seems unworkable in the sense that it will likely not deter many asylum seekers from coming to the border to ask for protection.

Here, I want to talk about the new rule, and what impact it might have on asylum seekers at the border and in the interior.

Biden’s policies have about as many holes as Trump’s wall.

Before we get to that, I want to mention that I am sympathetic to the Biden Administration’s border dilemma. On the one hand, I believe they do want to preserve the asylum system and protect legitimate refugees. But on the other hand, they recognize that the American public is becoming less tolerant of asylum seekers at the border, and so allowing the current situation to continue is politically untenable. In the absence of Congressional action, the Biden Administration is left to walk this fine line, and I fear they will satisfy no one. But I suppose that remains to be seen.

In any case, let’s turn now to the proposed regulations.

First, why does the Biden Administration think these new rules are needed? Simply put, it is because the number of people seeking protection at the South West Border (“SWB”) is at an all-time high. For the period 2014 to 2019, there were “less than 1,600 encounters per day” at the SWB. But for the “30 days ending December 24, 2022, total daily encounters… [averaged] approximately 8,500 per day.” In FY2022, the number of “encounters” reached “an all-time high of 2.2 million” and “the first quarter of FY 2023 (October–December 2022) exceeded the same period in FY 2022 by more than a third.” Further, the Administration estimates that when Title 42 ends, encounters will increase to between 11,000 and 13,000 per day. Given these numbers, the Biden Administration is concerned that it does not have the capacity to process so many new arrivals.

Also, many people who “pass” a credible fear interview (an initial evaluation of asylum eligibility at the border) are ultimately denied asylum in the United States. According to the Administration, “fewer than 20 percent of people found to have a credible fear were ultimately granted asylum,” but “the process… is quite lengthy, with half of all cases taking more than four years to complete, and in many cases much longer.” “As a result, those who have a valid claim to asylum in the United States often have to wait years for a final protection decision.” “DHS data shows that the ability to quickly remove individuals who do not have a legal basis to remain in the United States can reduce migratory flows—whereas, conversely, the inability or failure to do so risks yielding increased flows.” In short, the large number of arrivals at the border–most of whom will eventually be denied asylum–are causing massive delays throughout the system and if fewer people came here, fewer people would be incentivised to come here, and cases could be adjudicated more quickly.

So what do the new rules do?

The rules “establish a rebuttable presumption that certain noncitizens who enter the United States without documents sufficient for lawful admission are ineligible for asylum, if they traveled through a [third] country… unless they were provided appropriate authorization to travel to the United States to seek parole pursuant to a DHS-approved parole process; presented at a port of entry at a pre-scheduled time or demonstrate that the mechanism for scheduling was not possible to access or use; or sought asylum or other protection in a country through which they traveled and received a final decision denying that application.” However, the “presumption could be rebutted… if, at the time of entry, the noncitizen or a member of the noncitizen’s family had an acute medical emergency; faced an imminent and extreme threat to life or safety… or [was a] victim of… [human] trafficking.” “The presumption also would be rebutted in other exceptionally compelling circumstances,” including for the sake of family unity. Also, “Unaccompanied children would be excepted from this presumption.” In addition, “Individuals subject to the rebuttable presumption would remain eligible for statutory withholding of removal and protection under the… Convention Against Torture.” So in other words, there are lots of exceptions to the rule that certain noncitizens are ineligible for protection at the border, and it’s difficult to believe that these exceptions won’t swallow the rule.

For noncitizens who are allowed to seek asylum, the first step is a credible fear interview. If the applicant passes the CFI, her case can now be adjudicated by an Asylum Officer rather than an Immigration Judge. According to the government, this process creates “multiple efficiencies, including using the information presented to the asylum officer in the credible fear interview as the asylum application, which eliminates the need for duplicative paperwork and processing time.” If the officer “does not grant asylum, the individual is referred to [Immigration Court] for streamlined… removal proceedings.” All this should be faster than the old process, though it will put a further strain on the Asylum Officer corp and likely cause even more delay for applicants in the interminable affirmative asylum backlog (this, despite the growth of the Asylum Division from 273 officers in 2013 to 1,024 asylum officers in 2022).

In conjunction with the new regulations, the U.S. government “has committed to enhancing legal pathways and processes for migrants in the region to access protection and opportunity in the United States.” These include “significant increases to H-2 temporary worker visas and refugee processing [for up to 20,000 people per year] in the Western Hemisphere” and “introducing innovative parole processes for nationals of certain countries in the region,” including Venezuelans, Cubans, Haitians, and Nicaraguans. In addition, the government plans to improve consular processing for certain countries such as Cuba and Haiti. “By expanding these pathways and processes, the United States has provided migrants an alternative to paying smuggling organizations that profit from taking migrants on a dangerous journey to the SWB, and has provided incentives for migrants to seek an alternative and safer pathway to the United States.”

The government also hopes to use technology to improve the border. For example, the “innovative” (their word) CBP One app will be used to “significantly increase the number of individuals, including those who may be seeking asylum, that CBP can process at land border ports of entry.” While advocates have expressed concern that not all migrants can access the app, Customs and Border Protection “has observed that the overwhelming majority of noncitizens processed at ports of entry have smartphones” (though whether the app actually works is still an open question).

In addition, the government has been working with “countries throughout the region to prioritize and implement a strategy that advances safe, orderly, legal, and humane migration, including access to international protection for those in need, throughout the Western Hemisphere.” In other words, the Biden Administration is working to convince other countries to accept more refugees for resettlement, so that they do not come to the U.S.

President Biden is certainly making an effort to reduce the flow of migrants to our Southern border, and to accomplish that in a humane way, all while preserving the asylum system. Whether he can achieve any of those goals, and whether he can bring relief to the asylum seekers who are already here waiting for a decision, I do not know. I have real doubts that these new regulations will satisfy anyone, but I certainly hope to be proven wrong.

Related Post

66 comments

  1. Hello Jason,
    A new court opened in Hyattsville, MD a year ago with over 75 percent approval. I can’t seem to find information on which addresses are associated with the new court. Perhaps you know?

    Reply
    • Hi Jason,

      On may 11 title 24 will ends.
      I’m from middle east fear of persecution due to my religion. I will arrive to the border may 13.
      I have Schengen visa and I traveled through many countries

      Would that disqualify me from getting accepted to enter at the border?

      Would it make difference that I’m not from Latino country and I get accepted or denied based on that ?

      Thank you

      Reply
      • The rules have been changing a lot and I do not really know how they will be applied after tomorrow. They are trying to force many people to seek asylum elsewhere, but there are also a lot of exceptions. Maybe after a week or two, we will have a better idea how this is working (or not working), but for now, I do not know. Take care, Jason

        Reply
  2. Hello Jason,
    A new court opened in Hyattsville,, MD a year ago with over 75 percent approval. I can’t seem to find information on which addresses are associated with the new court. Perhaps you know?
    Thank you.

    Reply
    • I am not sure – supposedly, there was some info published about it somewhere, but I never saw that. It is not all good there, though. There is at least one judge who is extremely likely to deny. Also, the whole court was closed today for tech issues, and so my client’s individual hearing was postponed, probably for a long while. Take care, Jason

      Reply
  3. Hi Jason,
    My wife got her greencard through asylum today but the start date on the greencard is wrong. It has this year’s date (02/21/2023). As I know, it should be back-dated for one year as 02/21/2022. What should I do to correct it?
    I really appreciate any help you can provide.

    Reply
    • This is – unfortunately – a common problem. I do not know how easy it is to fix, but one place to start might be here: https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError, which is a USCIS website that allows you to correct typographical errors. I am not sure this will work, but it is a place to start. You can also call USCIS at 800-375-5283 and try to reach a person to see whether they have any other advice. Take care, Jason

      Reply
      • My case was back in 2012 so not sure if it would help. Infopass didn’t help. I had to file a I-90 to change the date on the green card. There is no filing fee as its USCIS mistake, but it does take around 9-12 months to get new green card. I suggest you do this as early as possible. Otherwise it will affect your citizenship time. It should not affect your ability travel. I was able to travel twice on RTD without the green card.

        Reply
        • Thank you. It may be that you have to file the I-90, but that is more effort than trying to fix the card using the online link (which did not exist in 2012). I do not know whether it will work, but maybe that is worth a try before submitting an I-90. It is really a shame that USCIS keeps making this error for asylee GCs. I do not know why they cannot correct this problem. Take care, Jason

          Reply
          • To me- and this is my opinion- mistakes made by USCIS shouldn’t require a new application or long waits for the error to be corrected and the new card/document issued. The applicant should be able to create a USCIS account and upload a copy of the GC (with supporting documents) showing the error. The applicant should also be able to mail the GC with supporting documents (and cover letter) to USCIS. I’m assuming that since the GC was issued, the applicant’s background would have already been checked, and the applicant would have already adjusted his/her status to LPR. Thus, there is no justification for asking the applicant to do a new applicant and wait almost a year for the new card to be issued. The only way this could be justified is if USCIS were backdating the GC, on top of the one year the card was supposed to be backdated in the first place, to the amount of time it takes them to fix their mistake and issue the card. Corrections should be done in no more than 3 months.

            If this is not addressed, USCIS will continue to make this “mistake”- which is not only unfair since the applicant would have already been waiting for years, but also a violation of the INA. Pursuant to the INA 209(B)(5), “… Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien’s admission for lawful permanent residence as of the date one year before the date of the approval of the application…”

          • I agree, and of course, this is not a one-time error, but a relatively common problem, and there is no excuse for it. What I do not know is whether a person with a GC that was not back-dated can apply for citizenship as if the card had been properly back-dated. Theoretically, the answer is “yes”, but I think USCIS could compound its GC mistake with a mistake about eligibility to naturalize, and so I think there is a risk that the N-400 would be rejected if it were filed 4 years after one of these erroneous GCs was issued. I suppose you could make the argument when you file the N-400 that you are eligible, but it is probably safer to correct the problem once the GC is issued. The difficulty is that it probably takes many months to get the GC corrected. If that can be done through the portal, it is not too bad, but if that can only be done by returning the erroneous GC and waiting many months with no card, that is very bad. Take care, Jason

  4. Hello Jason,
    I have a question for you. On 11/23/22 I made request to correct typo error on my daughter i730 receipt by mail and online. After a while on 02/10/23 case status changed to” Correspondence was received and USCIS is reviewing it”. On the next step part of my online account it said” We will assign your case to an officer. We will review your case and mail you our decision”. How long it takes to get approval/decision?

    Thank you!

    Reply
    • My recollection is that the wait time with USCIS for an I-730 is about 1 year, but you can check case processing times at http://www.uscis.gov. Maybe this correction will cause a little delay, but I doubt it will be much. Take care, Jason

      Reply
  5. Hello Jason,
    Win, my friend filed I 589 Asylum application Back in on June 21, 2017. It is my understanding that his case is currently assigned to Newwark Office based on the status check on uscis web page. He has been waiting for interview ever since. Do you have any idea when he will be scheduled for interview for his application. Based on your web page, applications are processed (LIFO instead of FIFO)
    Will they ever schedule interview for cases that are filed back in 2017? Should he follow up with the assigned Asylum office? How would he find out when they will start cases that are filed in 2017?
    I appreciate your help.

    Reply
    • Older cases like his will probably not be scheduled any time soon, but it is not very predictable. For the most part, asylum office cannot even interview new (LIFO) cases, let alone interview older cases. Also, I think there are some resources devoted to old cases, but those are probably 2015 and 2016, and since our friend is stuck in the middle of the oldest and newest cases, an interview is probably not coming soon. He can try to expedite his case and that might work – I wrote about expediting on March 23, 2022. Take care, Jason

      Reply
  6. Hi Jason

    I asked about “request for evidence “ question. I forgot to mention as well that they said I should submit this by May in order for them to make a FINAL DECISION.
    Why would it say final decision instead of just decision. What does that mean. Have you ever had a situation like that before?

    Also, they request form i-693.

    Thank you.

    Reply
    • This seems normal to me. They want to make a decision in your case, whether it is called “final” or not, I think makes no difference. You should also submit the medical exam – This should be submitted less than 60 days after the doctor signs it, so you should not wait too long to respond to the RFE once you receive the medical exam from the doctor. Take care, Jason

      Reply
  7. Hello Jason

    I applied for i-485 (GC through marriage). i got a notification “Request for Additional Evidence”. Most of the things they requested i have already submitted through my lawyer. example Bank Account, Wedding Pictures, other pictures of us, utility bills. The list evidence requested is the same as we submitted.

    What does this mean?
    Can i just submit the same as we submitted?
    I have not heard from my Lawyer if they successfully submitted the same documents or there was an omission.
    Do they usually do this? and what will be the motive for doing this?
    I am just confused.

    Thanks

    Reply
    • CORRECTION

      By the way it is just “REQUEST FOR EVIDENCE “ not request for additional evidence.

      Reply
    • @PORE PORE :
      Mind telling me please (1)- When did you submit your I -485?
      (2)- Is it concurrent filing with I-130 petition OR just I-485 with I -130 was already approved ?
      (3) Did you submit your medical Exam ?

      Reply
      • NTR
        I submitted November 2022 and yes i did as a whole package with i130.
        I have not submitted my medical exam, they requested that i submit by mid May.

        Reply
    • It may just be that USCIS wants updated information to show that the marriage is ongoing. If they have requested this info, you should send it, and make sure that you are sending recent bank statements, bills, etc. Also, the lawyer has a duty to communicate with you about the case, and so hopefully, the lawyer will be in contact with you soon. Take care, Jason

      Reply
  8. Hi Jason,
    I have filled my I-589 online through USCIS and got online receipt. do you think they would consider my online filling or should I file paper application instead? How’s your experience with online filling?
    Thanks

    Reply
    • If you filed on line and got the receipt, you should be fine. They will also send a paper receipt in the mail. For now, there is nothing more to do. Take care, Jason

      Reply
  9. I want to ask a question ( 2 questions):

    So of trump and desantis, who is more likely to become the GOP nominee, and which is weaker against President Biden ?

    If God forbids, one of these two become President. which of Trump or DeSantis will be worse for asylum seekers (who r not granted or denied asylum)?

    Thanks.

    Reply
    • I have no idea about either question, but since Biden has not been great for asylum seekers, I think the only president who would be good for asylum seekers is one who can pass immigration reform in Congress and improve the law. So far, no one has been able to do that, but maybe eventually we will see a reform. Take care, Jason

      Reply
  10. Hi Jason

    First of all thank you so much & god bless you for everything thing you doing .
    I have a question, i’m gonna request expedition from USCIS to expedite my Travel document, if you can please share me “ USCIS Email ” that i can send them the request .

    Thank you again.

    Reply
    • I do not have an email for that. I think you need to call (800-375-5283), which is not so easy. I wrote more about expediting in general on January 29, 2020 and maybe that would help. Take care, Jason

      Reply
  11. Good evening,


    On February 1,2023 afternoon and after 4 years from the asylum interview, my case status was updated from ( my application is pending) to ( my decision is pending). Then on the next day my 16 year old child received an interview appointment in the asylum office. The appointment was on last Friday in the early morning. After the appointment, the case status returned to ( my application is pending) Any indication for something, what does that mean?

    Please advise.
    Thanks,

    Reply
    • I think these messages have no real meaning. You can email the asylum office directly to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
  12. Hi Jason
    I’m visiting your blog after a long time. It’s been more than 5 years now since my citizenship. However, I have someone from my native country who applied for asylum and is waiting for master calendar. She wanted to know the timeline. I know there’s a long backlog according to media reports, but do you know on an average how long does it take to get an individual hearing from the judge? This is in the Arlington Court. Thanks

    Reply
    • I do not know how long it takes to get scheduled for the Master Hearing, as that time frame varies. However, there are many new judges in Virginia, and so the wait time from the Master Hearing until the Individual Hearing is usually 6 months to a year. Also, the Arlington court is no more – there are now courts in Sterling and Annandale. Take care, Jason

      Reply
  13. Hi Jason. I am a Joornalist from a third worls Country. I got security threats by sitting government so i moved to usa. now i am in Washington DC. I am with out money. I want to file my Asylum case. Which are the Jornalist organizations in Washington DC who legally help coming journalists. And other free orgations too. Please guide. thank you.

    Reply
    • I do not know of any organizations that specifically help journalist asylum seekers. However, I did a post on September 22, 2016 with links to local non-profits and organizations that help asylum seekers. Maybe that would help. Take care, Jason

      Reply
  14. Hi Jason,

    How can I submit supplemental evidence or any new situations, or anything that I want to submit that reflect new information since my case has been pending for 8 years.

    Is there a form to fill and send with supplemental evidence or I can mail the supplemental evidence with my case number to the asylum office.

    Can I also email the supplemental evidence.

    Thanks
    Sam

    Reply
    • I would recommend you do not submit additional evidence until the case is scheduled for an interview, as they will likely lose it if you send it before the interview is scheduled. But you can gather evidence so it is ready to submit once the interview is scheduled. I did blog posts on June 6, 2022 and October 10, 2018 that might help with this. Take care, Jason

      Reply
      • Thanks Jason , the reason I asked this is because I have been enlisted in short list notice and If I get an interview it will be 24 hours notice.

        Can I take the supplemental evidence by hand during and interview if they call me with 24 hour notice.

        Thanks
        Sam

        Reply
        • Got it – In that case, maybe send them one copy by mail, one copy by email (as a PDF), and bring a third copy with you on the day of the interview. When they contact you about the interview, you can also email them the PDF again, and explain that it is attached. That should minimize the chances of a problem. Of course, depending on when the interview is scheduled, you may need to submit additional evidence, but I guess you can do with that when the time comes. Usually, it is not such a big deal. Take care, Jason

          Reply
  15. Hello Jason,

    I will like to sincerely thank you for all the amazing work you do. I filed for asylum in 2015 , interviewed in 2018 and case referred to court. Last week my asylum was granted. Your blog has been a source of information for me throughout this long journey and I pray God to continue to grant you more wisdom in this calling. For those still waiting giving up should never be an option, stay focused, keep empowering yourself, be consistent and know that this journey will one day come to an end and you’ll emerge victorious. With God ALL things are possible when you believe

    Reply
    • Congratulations! And thank you for the kind words. I did blog posts on May 16, 2018 and December 15, 2021 about what happens when asylum is granted, and maybe those would be of use. Take care, Jason

      Reply
  16. How long can they legally keep people waiting? Is there some remedy because of that wait? We are getting close now to one decade without interviews. Are they more willing to approve after so much waiting for an interview?

    Reply
    • There is no limit, unfortunately. If you are talking about an affirmative asylum case, you can try to expedite – I wrote about that on March 23, 2022. I would say that they are not more willing to grant a case just because you have waited a long time. In fact, they often ask why you are still in danger given that you have been away from you country for so long, and so you may need to explain why you still fear return. Take care, Jason

      Reply
  17. Hi Jason, I got approved asylum and both me and my husband got unrestricted SSN. Then we went to DMV to get new DL and they gave me my driver license that is valid until 2031, but my husband DL has restriction and is only valid until mid 2024. Is it normal that his has a restriction? I am the main applicant for asylum and he is my derivative

    Reply
    • that’s a mistake, make sure to bring your I94 to prove you got asylum – I didn’t have the original and brought a copy, they didn’t think it was real, lol. So now I have 8yrs license, but no star on it – and I did show them unrestricted SSN card… I hate fighting with bureaucracy, so left it as is.

      Reply
      • Hi Vika,
        I never knew that I could bring my I 94 to get a 8-year validity driver’s license. I only took my unrestricted social security card and my A05 EAD card with me. I think since my A05 EAD is only valid for 2 year, my driver’s license will only be valid for 2 years. Now that I know, before my new driver’s license expires, I will have to go with my I 94 and unrestricted social security card to get a driver’s license with a full validity. Thank you for sharing this dear.

        Reply
    • Hi Alena,
      Is your husband an F1 student or another type of nonimmigrant? One of my friends was in a similar situation; she was an F1 student, and they issued her a driver’s license based on her I-20, which had a two-year validity period, while her husband had an eight- or ten-year validity period. She reapplied after her driving license expired, with asylum-based unrestricted social security and an I-94, and received a longer period of time, just like her husband.

      Reply
    • I do not know why that would happen, but it would be worthwhile for your husband to contact them to ask about why they gave him such a short period of time. Take care, Jason

      Reply
  18. Hello Jason;
    Thanks for your continued support and help.
    The I-485 of my daughter “derivative applicant” was approved while I’m primary applicant my case remains pending for 740 days and still counting on…..
    We both filed for I-485 asylum based in two separate applications at the same time.Her case today it says “Card Was Sent To You” .However, mine (primary applicant) still says “Response to USCIS Request for Evidence Was Received “ 9 months ago!!!!
    Is it possible that USCIS is intentionally pending my adjudication process due to several calls services requests, two expedite requests, Senator multiple follow up inquiries, my company inquiry….etc.that I made with them considered as annoyance and pressure on them!!!!!
    Appreciate your clarification and comments.

    Reply
    • I doubt they are holding your case because you annoyed them. I guess anything is possible, but honestly, I do not think they are organized enough to punish people for making multiple inquiries. There are many reasons your case could be delayed longer than your daughter’s case, but the most common reason is the security background check. You can continue making inquiries. You can also file an inquiry with the USCIS Ombudsman (a link is under Resources), and that office sometimes helps with delayed cases. If all else fails, you can try a mandamus lawsuit to force them to issue a decision (we wrote about that in the asylum context on October 2, 2018, but it is the same idea for an I-485). Take care, Jason

      Reply
  19. Hi Jason and community, happy weekend to all!

    I have a question and would appreciate it if any of you had a similar experience or know what it means. So I filed I-130 online for my spouse last year in June. Then yesterday I checked my case status via my online account and saw that it says: “2 months Estimated time until case decision”. In my understanding, I will receive a final decision after or within 2 months. Is that correct? Or it’s just an estimated number and the case could get longer than that, like another 6 months or so?

    Thank you 🙏🏼.

    Reply
    • I have not seen that message before, but it sounds like USCIS thinks you will get a decision in 2 months. Normally, we check the case processing times at http://www.uscis.gov to get some idea of the wait time (though those wait times only show the time by which 80% of I-130 cases are processed, so the wait time might be different for some cases. Take care, Jason

      Reply
  20. Jason,

    My friend and his family came to us crossing the southern border eight years ago. By the time he was arrested at the border for months. Later the court denied his case, he then files to the board of immigration appeal. His case has been pending at the board since four years. Is there any way to get an update on the status? His lawyer replied, he has to wait until the board decides. When? we don’t know.

    On the other side my friend is from country where uscis has given a TPS (temporary protection…) Does applying for aTPS helps to get out of the limbo?

    Thanks
    Sambod

    Reply
    • I do not know how to make the BIA go faster – usually it does not take that long, so maybe there is some issue with the case. If the appeal is weak, and if he has TPS, he can try to get the BIA to dismiss the case. They will not always agree to do that, but it may be worth a try. Hopefully, the lawyer discussed that option with you, as it is case specific. Take care, Jason

      Reply
  21. Hi Jason,
    I hope you’re doing well.
    I recently got my interview scheduled after 7 years. The problem is that asylum office couldn’t find my file and asked me to fax them the application a few days prior the scheduled interview. And my “paralegal” couldn’t find my file either, and i think he doesn’t really care anymore. So asylum office canceled the interview for now. i’m so stressed and i have no idea what to do in this situation.
    Please advise.

    Reply
    • I guess you could file a Freedom of Information Act request to see if that works – if so, USCIS would send a copy of the file. There is a link under Resources called FOIA USCIS. This will take a few months, but maybe get that process started. You can also gather whatever documents you have and try to re-create the file, and create a new I-589 form. Maybe the paralegal has access to your old form on the computer – that could be a starting point. Of course, you should also gather all new evidence so you can submit that also. I do think you should pressure the paralegal – I am not sure who that is, or if a lawyer is involved, but that person should try harder to find your documents. Also, if there is a lawyer involved, that person is obligated to help and can face penalties with the bar association (which licenses attorneys) if they do not. Take care, Jason

      Reply
      • Thank you,
        Will try to do that.
        Best regards

        Reply
    • Im sorry to hear to hear this, two my friend face the same issues, always keep a copy for your self in this country.

      Its not your fault, USCIS is totally a mess,

      They filed a new i-589 and with a letter and they visited in person the asylum office they were able to get their interview right a way

      Reply
      • JOKO,
        Thank you. I was young and believed in people and didn’t have any experience with the system. Now I understand that I need to double check everyone, translators, lawyers, doctors.

        Reply
        • Hi @SW, congrats.

          May I ask did u do any sort of expedite ?

          Thanks

          Reply
  22. Hello Jason

    We crossed the border and without inspection. The lawyer stated on the asylum application the code EWI. We are going to file for EAD and are not sure what code to specify there. Is it C08? We are now in removal proceeding and wait for the court session. Thank you

    Reply
    • EWI means “entered without inspection.” If you filed for asylum and 150 days have passed on the asylum clock and the clock is not stopped, you can file for an EAD based on category c-8 (asylum pending). You can check how many days passed on the clock by calling 800-898-7180 and entering your Alien number and then pushing 2. Otherwise, some people who arrived EWI were paroled in and are permitted to apply for an EAD based on parole (it is a different category – I think c-11, if I remember). That is not very common these days, at least as far as I can tell. Hopefully, you can get a lawyer to help you in court and the lawyer can assist with this as well. Take care, Jason

      Reply
  23. Another good piece of @Jason,

    So you are saying that, despite the rule of in-transit ban…it will not do any good in terms of reducing the asylum resources devoted to the border to conduct CFI ?

    Reply
    • It seems to me that if the goal of this regulation is to decrease the number of people seeking asylum at the Southern border, it probably won’t work. There are so many exceptions to the “transit ban” that officers at the border will be overwhelmed figuring out which exceptions apply. Maybe I will be proved wrong on this, but that is how it looks to me. Take care, Jason

      Reply
  24. Hello Jason,
    -What’s the best office currently to file for asylum??
    Tampa florida would be better in terms of work opportunities but I heard San Francisco has better approval rate.

    -I got a B1 multiple entry That I used to enter twice, does that hurt my application?

    Reply
    • There is no best place to file for asylum. The best asylum application is determined solely by your experience and the authenticity of your future fear.

      How long in between this two entries ? Anything major changed during which ? This can help others answer the 2nd question 🙂

      @Jason will have more to say. just my 2 cents

      Reply
    • If by “best” you mean the office with the highest grant rate, I did a blog post on July 13, 2022 where I listed each office’s approval rate. SF is definitely better than Tampa, if that is your criteria. Take care, Jason

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