The Associated Press recently reported that DHS will implement a “limited experiment” to provide detained migrants at the border with “access to legal counsel.” The new approach will start with a “tiny number of migrants,” and then perhaps expand from there. DHS is partnering with an as-yet-unnamed organization to supply the attorneys, who will help with credible fear interviews (initial evaluations of asylum eligibility for newly arriving migrants). The program is part of DHS’s efforts to accommodate the end of Title 42, which had restricted the number of people eligible to seek asylum at the U.S.-Mexico border, and which is expected to wrap up in a few weeks.
This new “limited experiment” calls to mind the ongoing effort by advocates to create an immigration public defender’s service, which would provide everyone in Immigration Court access to a lawyer. These efforts have not made much progress, and currently, very few noncitizens in Immigration Court receive a government-appointed attorney.
Here, I want to discuss the benefits of universal representation for asylum seekers, including those in court and at the Asylum Office. I also want to suggest an alternative to representation by lawyers, who are expensive and relatively scarce.
It is by now well-accepted that asylum applicants with attorneys have a better chance for success in court than unrepresented applicants. Over the years, the relative denial rate between asylum seekers with and without attorneys has fluctuated, but historically, about 80% of unrepresented applicants are denied asylum vs. about 50% of represented applicants. Also, when an asylum applicant has a lawyer, the case can move more smoothly and efficiently through the system, which saves time for Immigration Judges and Asylum Officers. This means that when applicants are represented, everyone benefits. So why not provide lawyers to every unrepresented person?
One reason is cost. Providing lawyers to all, or some, unrepresented asylum seekers would be expensive. But since it would also save judge and Asylum Officer time, the question is: Would increased efficiency to “the system” (and the corresponding cost savings) make up for the expense of paying for lawyers? Of course, I do not know, but I suppose it might, especially if combined with other reforms. For example, appointed lawyers would be even more efficient if the government hired more DHS attorneys (the “prosecutors” in Immigration Court) and empowered them to negotiate case resolutions. Such changes could significantly increase efficiency and potentially reduce overall costs (not to mention, help more people).
Another problem is that the need is great–there are currently over two million people in Immigration Court, another 667,000 applicants at the Asylum Office, plus thousands more at the border who will undergo a credible fear interview (CFI). And these numbers are only expected to increase if Title 42 ends next month. While many of these people pay for attorneys or have pro bono representation, many do not–in 2021, 89% of respondents (noncitizens) in Immigration Court had attorneys, but this still leaves more than 220,000 people unrepresented (and these probably include the most vulnerable immigrants). I have not seen data about representation rates for the Asylum Office, but for CFIs, the large majority of applicants are unrepresented. Given these numbers, many attorneys are needed. Compounding the problem, in certain parts of the country, it is very difficult to find a lawyer. And so in the end, even if the government wanted to provide lawyers to unrepresented applicants, there are too few attorneys available, particularly in certain locations, such as smaller cities or remote detention facilities.
A third difficulty is that most asylum cases take years to adjudicate, and so representing asylum seekers (or others in Immigration Court) is a long-term commitment. Worse, as I have complained about repeatedly, Immigration Courts and the Asylum Offices have little respect for attorneys’ time–they routinely reschedule cases without checking on attorney availability or whether we can complete the work. This makes it difficult to represent noncitizens, and makes our line of work less attractive.
For all these reasons, there is no easy way to provide attorneys to all those who are unrepresented. Nevertheless, DHS’s experiment–however tepid–may be a reasonable starting point. The agency will be providing lawyers to migrants at their credible fear interviews. These are discrete events, with a low threshold for success (basically, the applicant must show that she has a “significant possibility” of winning an asylum case). Also, many interviews will be conducted remotely, making it easier for attorneys to attend (by video). Even though this “experiment” will only assist a small number of people, it should be a good way to test whether attorneys increase overall efficiency and perhaps this could pave the way for bigger things.
Given that the need is so great, I wonder whether DHS might consider allowing non-lawyers to help with asylum cases. A recent article about a retiree who helps asylum seekers in Canada got me thinking about this idea. In the U.S., non-lawyers cannot give legal advice, but there is much that they can do. For example, they can help asylum applicants write their story, organize evidence, and ensure that they attend appointments. Indeed, much of the work involved in an asylum case does not require legal training, and a corp of enthusiastic volunteers could make a real difference for many applicants.
For such a system to work, the volunteers would need some level of training and supervision, presumably by a non-profit or quasi-government organization (such as AmeriCorp). They would also need immunity from liability. Such a system seems eminently achievable, and would potentially benefit many asylum seekers.
While lawyers might be better positioned to help asylum applicants, non-lawyers can do a lot, and we should not let the perfect be the enemy of the good. I hope that DHS will work to expand representation by lawyers, and that they will also consider non-lawyer alternatives. Helping asylum seekers with their cases will promote fairness and efficiency, which will benefit applicants, decisions-makers, and the system as a whole.
Hello Jason.
I have a friend that he come in USA illegal and applied for asylum. On 2004 the Immigration court denied with this point:
-The respondent was ordered removed from the USA
-Respondent’s application for withholding of removal was denied
-Respondent’s application for asylum was denied
-other. claim under torture denied.
His lawyer appeal this decision and after this decision was dismiss.
He did not leave the USA country because he was married .
Now he has a daughter that she is 21 years old and wants to submit form I-130 for her father.
our question is that: Can she applied for him for I-130 and he can get green card here or he needs to leave this country and to submit his I-130? Does he needs to apply for waiver before to submit I-130 form?
Thank you for attention on this matter.
There is no simple answer and he needs to talk to a lawyer about the specifics of the case. The first step is probably for the daughter to file the I-130, but maybe she can indicate he will process the case overseas. This is an option, and also, it avoid having to do an interview in the US, since he might be detained at the interview (though for non-criminals, this does not seem to be happening, at least not at the moment). Once the I-130 is filed, he can try to reopen the court case (sometimes, you have to wait for the I-130 to be approved before the prosecutor/DHS and the judge will agree to that, and sometimes, they will not agree at all). If the case is opened and the deport order is erased, then maybe he could get his GC in the US. However, most people would not be eligible to do that because of the unlawful entry. There are some exceptions – maybe if he has TPS or if he is eligible for INA 245(i) (where he had to be in the US prior to December 20, 2000 and meet several other requirements). Talk to a lawyer to review the options, as this info is only the basics and a lot will depend on the specifics of his situation. Take care, Jason
Hi Nona, Congratulations and that’s nice of you to share good news with all of us which suffering a lot in these days. Could you please share if you don’t mind, which asylum office it was, I had a friend that he had the same experience like you at SF court? Where you have referred to and how long take you to get your individual hearing after you referred to court? Was your case religion base from Muslim who converted and will heart locally and governmentally in danger of being prosecuted and killed, death penalty for not tolerating them and not letting them of practice of freedom of religion? I guess
Thank you again,
Pat
Hi Jason,
I recently got Asylum approved from immigration judge and want to apply for A5 EAD. Can i also apply for RTD with that? Do I have to pay for RTD? I heard some people file I485 and RTD together then they don’t have to pay for RTD.
Do I also need advance parole or RTD would work?
Those are two separate applications. You can mail them at the same time, but they may have to go to different addresses (check the filing instructions on their respective web pages, I-765 and I-131, at ww.uscis.gov). Also, as far as I know, you cannot waive the filing fee for the RTD, but you can check the fee waiver form, I-912 to see if it can be applied to the RTD. You do not need Advance Parole – that is for people whose cases are still pending. Since you now have asylum, you need the RTD. By the way, if you have not done so, you should Google “post order instructions in immigration court” and follow those to get a new I-94, indicating asylee status. Take care, Jason
IHi Jason
Thank you for all your help I request expedite for my case and I get approval via email after that haven’t receive any interview notice for 4 weeks do you know how long will takes for me to be called ?
It varies. You can send them an email noting that they agreed to expedite and inquiring (nicely) about whether they might schedule the interview. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jacob,
My expedite request was approved in October 2020. Yesterday got email from Arlington office that they scheduled my interview next month.
Thank you
October 2022
And that’s called an expedite lol
That is not surprising, since everything is so slow. We often have to remind them about these expedited requests, as they are not particularly expeditious, to say the least. Take care, Jason
I had it. I am sorry. But I suffered enough discrimination in finding jobs. I don’t want to keep telling others I am an asylum seeker anymore. I am authorized to work but because many don’t like asylum seekers, I am unfairly denied employment.
So I want to do something else. I am going to claim I am a green card holder and I may doctor my SSN card…so I only have to present a state id and SSN (which may be doctored to hide the DHS restriction).
May I ask would I get into trouble for doing this ? I am doing this to avoid discrimination and I will only do this while I am actually authorized to work. I really need money for my medical expenses.
Thanks
@FORGE DOCUMENTS
Why does your asylum status arise when looking or a job?
I filed by asylum in 2015 and i am still waiting for an interview. In 2017 i interviewed for a job and was selected to head a department, my status didn’t arise, i handed my EAD and SSN to HR and they never questioned.
First of all, let me ask, which State are you in ? and which industry are you in ?
I mean it’s really case-by-case basis…some employers are just ill-informed, some employers simply discriminate on basis of it.
It came up when some HRs demand me SSN during the I-9 process, even tho I said I have an EAD which can prove that I am authorized to work.
I know there is a whole section of I-9 discrimination from DOJ, but good luck having the resources to bring the suit and good luck proving it. Most likely, you will lose the anti-discrimination suit and will be left in worse financial situation. but it doesn’t seem to me there is any way out, I need money, so I need a job, but I cannot find a job despite that I am authorized to work. Whenever I give I-9 documents, the HR-people question, like what should I do ? I cannot try every employer one by one in my city…I don’t have that kind of resources or money.
So how many employers asked you or harassed you on this basis? Sounds like you have gone through thousands! I suggest stop being a victim and get yourself together. No one EVER asked me a single question about my status. Maybe it’s the attitude that matters?
It’s possible to not talk about that in interview stage. But how about I-9 process. You will show ur EAD, and people will see you have an expiration date. You r saying u didn’t have any problem there ? My situation is similar to those faced by DACA recipients.
“SHRM Online: Why do you think that employers are sometimes reluctant to hire them?
Marshall: It comes from uncertainty and a lack of awareness. Some employers just aren’t sure if they can hire people with DACA. As long as an applicant or employee with DACA has a current employment authorization document [EAD], the person is able to work legally without sponsorship. In fact, it is unlawful to deny a DACA or TPS recipient employment based on their immigration status.
Some employers think that they will have to provide sponsorship for “Dreamers,” which can be a tedious process. Employers do not need to provide sponsorship. They can be hired just as you hire any other employee.
Sadly, some employers may understand that they can hire “Dreamers,” but there is a reluctance to do so because of the uncertainty around DACA’s future due to legal challenges. They think DACA may be eliminated, and the employee’s work authorization will expire after they have already invested money and training into these workers. That is unlawful. If someone has a valid EAD, you can’t refuse to hire them [just because of their immigration status].”
Are we living in different worlds ? Like why I always get blocked by this but u don’t seem to have a problem ?
I agree with Shocker – You can simply say that you have work authorization based on your pending status. I do not know why they need to know anything else. I do worry that if you wrote that you had a GC on an official document, that would be a problem. Take care, Jason
Thanks Jason for weighing in 🙂
Some HRs are very unprofessionals.
Hi Jason,
I was wondering regarding RTD. ( since It take >12 year to get one. I was planing to Apply for a new one once I get my RTD ( And send a copy of the new RTD for the new application). Do you think that would work ( And if they accept the application. would the current RTD be valid without any issues.
Thanks,
The problem is that the I-131 instructions require you to send in the original RTD if you apply for a new one when the current RTD is still valid. This is obviously idiotic, but USCIS could reject your application or send a request for evidence for you to submit the original RTD. You can ask to expedite an RTD, though that often does not work. I wrote about expediting in general on January 29, 2020. Take care, Jason
Hi Alma, Congratulations and that’s nice of you to share good news with all of us which suffering a lot in these days. Could you please share if you don’t mind, which asylum office it was, I had a friend that he had the same experience like you at SF court? Where you have referred to and how long take you to get your individual hearing after you referred to court? Was your case religion base from Muslim who converted and will heart locally and governmentally in danger of being prosecuted and killed, death penalty for not tolerating them and not letting them of practice of freedom of religion? I guess
Thank you again,
Pat
Dear Jason and everyone,
I have been granted asylum today by immigration court. My hearing just lasted for 15 minutes and judge granted me asylum.
Thank you so much Jason for answering all the questions on this forum. I have been reading your blog since 2016 when I Filed my asylum.
Just one more question about post order instructions. I know you posted sometimes in the blogs on how to get new i94 and unrestricted social security.
Thank you once again.
What ??? 15 min ? and you get a grant ?
Congrats to @alma. But is this normal ? @Jason, it feels to clearly that the IJ has already determined that they want to grant @alma asylum before the hearing and only sybmolically and procedurally asked @alma to attend the individual hearing and asked a few softball questions during cross examination. Am I right to hold this view ?
That happens sometimes – if the person submitted strong evidence, the judge (and DHS) might be convinced by that alone, even without testimony. Take care, Jason
Hi Jason,
6 weeks ago I put a service request for my daughter i730 petition typograpical error. The petition was approved with wrong name and sent to US embassy for visa interview (In stead of my middle and last name my wife middle and last name put on my daughter’s full name). Today USCIS sent response via email to my service request by saying “please submit amended application /petition. My question do I need to send again my daughter i730 application?
Thank you
It sounds like that is what they want, but I have not tried that before. I wonder if it might be possible to do that via a USCIS online account (if you have one). I imagine sending it by mail to USCIS will be a real mess. Maybe you want to try another service request to ask for clarification, since this is unclear. You can also try to call them at 800-375-5283, though I am not sure they will be able to provide much information. I guess if you cannot reach anyone, you can send in a corrected I-730, but I would include a cover letter explaining what happened, copies of the receipt, copy of the communication with USCIS (the service request), and probably copies of all other documents you submitted with the original I-730. You might also want to talk to a lawyer for help, especially if you cannot get clarification from USCIS about what you should do. Good luck, Jason
My case was referred from Asylum office. DHS attorney only asked me about the inconsistencies during AO interview. I explained them properly and judge did not ask any questions and granted the case. DHS attorney did not reserve the appeal…
Dear Jason and everyone,
I have been granted asylum today by immigration court. My hearing just lasted for 15 minutes and judge granted me asylum.
Thank you so much Jason for answering all the questions on this forum. I have been reading your blog since 2016 when I Filed my asylum.
Just one more question about post order instructions. I know you posted sometimes in the blogs on how to get new i94 and unrestricted social security.
Thank you once again.
You can Google “post order instructions in immigration court” to find what you need, and we have posts from May 16, 2018 and December 15, 2021 that may be of interest. Congratulations! Jason
Hi Jason,
I received my greencard through asylum. Before applying for asylum, I had a Canada tourist visa and my country passport, valid until 2028.
I had RTD but it expired. I need to travel to Canada to meet my husband’s relatives in June 2023. As I know, it is difficult to get a new RTD on time. Can I use my passport and Canada visa for my visit? Does it create harm in the future?
Thank you!
I received my passport and Canada visa before applying for asylum in the USA and never renewed my passport.
Congrats on receiving your green card . How long did it take you to receive your green card from day that you have submitted your I-485 to approval? . I have been hearing different time frame from different people.
You were able to travel to Canada with green card only but now they require you to have GC + some sort of Travel document which Jason can advise.
Good luck
I doubt this would cause any problems, and you can return to the US with your GC. However, just in case, it is best to be prepared to explain why you traveled using your passport, especially if you fear harm from the government that issued the passport. Again, I highly doubt you will have any issues, but there is no harm to being prepared to answer that question. Take care, Jason
My asylum application was accepted today. thank god. They agreed to marriage without calling for a meeting. next step.?
Sorry, I am not sure I understand what you mean. If you have married a US citizen, maybe you can close your asylum case – I wrote something about that on August 6, 2018. Take care, Jason
B*den is going to announce his re-election campaign next week. Should asylum seekers like me worry that, in order to placate (in an attempt to win over) moderate voters, he will throw us under the bus during the presidential campaign ?
On immigration, Democrats have been incompetent and Republicans have been malevolent. Pick your poison. Take care, Jason
Has it been worse over the years from your observation ?
I think things today are worse than ever in Immigration Court, at least from my perspective. USCIS is improving on some fronts, but affirmative asylum is also worse than ever due to the growing backlog. On the other hand, the US government is trying to help immigrants and there have been some policy improvements and some improvements in case law. Take care, Jason
okay, thanks
Hi Jason,i sent my form I-485 a couple weeks ago and it was sent to the national benefits center in Missouri,what’s strange is the NBC doesn’t have any processing time estimate on the USCIS site,do you think its an indication that the case might take long to adjudicate?
I do not know, but we generally see asylee adjustments taking 2 years. Sometimes, they go faster, so hopefully, you will be lucky. Take care, Jason
@ YANN
My timeline …
I apply for I-485 base on asylum
USCIS-NBC. Lee’s summit Missouri
Jun /03/2022 Submitted application
Jun/06/2022 USCIS received application
Jun/09/2023 USCIS Fingerprints taken
Jun/29/2023 USCIS send RFE notice
Jul/20/2023 USCIS RFE was received
And yesterday finally
APRIL/14/2023 Case APPROVE
No one can say this is “fast,” but it is certainly much faster than we have been seeing in recent years, and so hopefully, things are trending in the right direction. Thank you for sharing and Congratulations! Jason
YANN,
Congratulations!
Just to confirm, application submittal date was June, 3rd 2022 or January 3rd 2022?
And what do you mean by RFE?
Regards,
Amigo
An RFE is a request for evidence, where USCIS asks for more evidence. Take care, Jason
Congratulations, YANN!
Just to confirm, was your application submitted on June, 3rd 2022, or January, 3rd, 2022/
Also, what do you mean by RFE?
Thanks,
Amigo
Jason, your blog has been so helpful through my almost 8 years asylum adventure. I sent I485 from last week, they have already cashed checks for fee and biometrics. How long does it take to get a receipt from ‘USCIS via mail?
I think for the most part, we get I-485 receipts within a few weeks. Processing time to get the GC can be long – up to 2 or 2.5 years, though some people are lucky and get their GC much more quickly. Hopefully that will be you. As they say, eight is enough and hopefully you can finish your adventure soon. Take care, Jason
There is always hope!
Hi Jason,
Thank you for all the help you are providing for the asylum community. Be blessed!!!
I need advice for the following issue please.
I did my expedited asylum after 7 years of wait back in March 23. At the time my daughter couldn’t do her biometrics because of an issue of not ours. We were told that they will schedule another appointment for her Biometric. But no decision or no biometric letter so far (it has been a month). I went to the asylum office and asked for any update. They told me to wait, which I am extremely tired of. I am planning to write a letter to the Senator’s office who contacted them earlier.
My question is when do you think is appropriate time to contact the senator office again to request for an expedited decision, 2-3 months?
Thanks,
Stay blessed!!
I am not sure whether your daughter needs to be fingerprinted, but if she is over 14, she should have that done – you can email your local asylum office to ask about that. You can find the email if you follow the link under Resources called Asylum Office Locator. In terms of the Senator, there is no time frame, so you can contact them whenever you want (though they may refuse to help unless a certain amount of time has passed since the interview). I can tell you that we are seeing almost all decisions take a long time, even for countries that used to get faster decisions. So my guess is that a wait of 4, 5 or 6 months or longer after the interview is very common. I am not sure why things have slowed down even more, but that is what we are observing. Take care, Jason
Thanks Jason, I think I don’t have any option at this moment other than waiting.
Thanks a lot Jason!!
Will the lifting of title 42 next months cause more resources be diverted to the border ? thus decrease the interior capability ???
+May I ask,
and I just want to comment that the situation is definitely more chaotic than I have ever known…is it more likely because we have a divided government ?
I think there is a good chance that more affirmative asylum resources will be deployed to the border. Take care, Jason
Ahhhhhhhhhhh !!!
Hi Jason. My a friend filed form i589 online today. after submitting he got a receipt number of 3 words and 10 numbers. So it is his case number? or he will get received latter by mail or by email? when?
The receipt should be available online. He should have a receipt number, as you describe (starting with “Z”), and an Alien number, starting with “A” followed by nine numbers. I have only filed a couple forms online, and I think they did not send a separate receipt by mail, but I am not sure about that. Take care, Jason
Hi Jason, My daughter is twelve years old and didn’t get her Covid19 vaccine yet. For a Green card, do you think she has to get tge vaccine? What will be the other option if we don’t want her to get the vaccine? Need your advice!
Thanks in advance!
Alisha
I think she needs to get the vaccine for the exam. There may be a religious objection that you can rely on, but I have never done that. If you look at the I-693 instructions, available at http://www.uscis.gov, it may provide some info about this. Take care, Jason