For years, the asylum backlogs in Immigration Court and the Asylum Office have been growing rapidly. But lately, they’ve been growing RAPIDLY–with a capital “R”. And a capital “APIDLY”. Probably I should add a few exclamation marks (!!!) after that and at least one “very” before it. What I’m trying to say is, of late, the backlogs have been growing at an insane rate.
Here, we’ll talk about what is happening and why, and try to guess what it all means for asylum seekers.
Let’s start with some numbers. First, in Immigration Court. At the end of August 2023, there were 2,620,591 cases pending in the nation’s Immigration Courts (eleven months earlier, there were “only” 1,936,504 pending cases). The government is filing new cases in court at an unprecedented rate. During June, July, and August, the government initiated 451,002 new cases in Immigration Court.
Of the 2.6 million pending court cases, about 983,094 are asylum cases (as compared to 756,690 asylum cases at the end of FY2022). I suspect this number is low, given that so many new cases have been initiated and not all these people would have filed for asylum yet.
As for the Asylum Office, at the stakeholder meeting on September 19, 2023, we learned that there are now 1 million pending affirmative asylum cases. Only three months earlier, the USCIS Ombudsman was estimating that we would not reach the 1 million mark until the end of calendar year 2024! Also, by the way, that’s cases and not people. Given that some cases have several people (spouse and children), I would guess that there are more than 1.5 million individuals in the affirmative asylum backlog.
What’s going on here? Why are so many people entering the asylum systems?
As far as I can tell, there are a number of contributing factors, many of which are driven by world events. First, of course, is the Southwest border. For some time, we’ve seen record numbers of migrants arriving and seeking asylum. The arrivals add to backlogs at the Asylum Office–because they undergo an initial screening by Asylum Officers–and to the Immigration Court, where most of them end up.
The Biden Administration has tried to mitigate the situation at the border by offering humanitarian parole to people from certain countries, such as Venezuela, Cuba, and Nicaragua (among others). This allows nationals from designated countries to come to the U.S. on a temporary basis. Since most of these people need permanent solutions, they file for asylum affirmatively, at the Asylum Office.
Since late 2021, we’ve also seen an influx of migrants evacuated from Afghanistan. These arrivals should have been granted status by Congress (through the Afghan Adjust Act), but since that esteemed institution has failed to grant them permanent status, they have been forced to file affirmatively for asylum. Recently, a federal court ordered USCIS to adjudicate their cases, many of which have been stuck in security-background-check limbo, and so I expect that the focus of the Asylum Office will shift to issuing decisions for Afghan evacuees. This is good news for that group; not such good news for others who are waiting.
All of the above problems are driven by world events–people fleeing their countries for various reasons–and the Biden Administration’s decision to assist them. But the backlog is not simply a function of external forces. Both the Asylum Office and the Immigration Court suffer systematic problems that contribute to the growth of the backlog.
At the Asylum Office, I think the biggest problem (of many) is the continued use of LIFO–last in, first out–which prioritizes new cases over old cases. The Asylum Office claims that LIFO deters frivolous cases and thus helps reduce the backlog. But there is simply no credible evidence that LIFO achieves this goal, and it is clearly injuring the longest-waiting applicants, who can expect to resolve their cases approximately never. Another problem is how the interviews are conducted. They are usually too long and include far too many irrelevant questions. Shorter interviews = more people interviewed, and the Asylum Office should strive for greater efficiency.
In Immigration Court, the number one “internal” problem has probably been aimless docket reshuffling, where cases are repeatedly re-arranged depending on the priorities of different administrations. Other problems include inefficient Master Calendar Hearings and pre-trial conferences, insufficient guidance from the Board of Immigration Appeals, which leads to inconsistent decision-making, and not enough staff members to support the Immigration Judges. In addition, there is a shortage of DHS attorneys (the prosecutors), and those attorneys have insufficient power (or willingness) to resolve cases or narrow contested issues prior to the final hearing.
What does all this mean for asylum seekers? In court, cases are still being heard, though I expect that delays will increase and more cases will be rescheduled. We can also expect that more non-priority cases (i.e., people who do not have criminal or security issues) will be dismissed based on prosecutorial discretion. At the Asylum Office, nothing seems to be moving. You can try to expedite your case and if that fails, file a writ of mandamus to force the agency to adjudicate your application. Otherwise, I would not expect any progress any time soon.
Finally, we might as well end on a positive note. Having recognized that most asylum applicants will be stuck waiting for years and years, the government has recently increased the validity period of asylum-pending work permits from two years to five years. For asylum applicants, this change will save money and reduce stress, and for USCIS, it will reduce their workload and allow them to focus on other applications. I guess the lesson here is that every cloud has a silver lining–even a mushroom cloud.
[…] 52,000 asylum cases in FY 2023, but we do not learn the total number of asylum cases pending. From other sources, we know that at the end of FY 2023 (September 30, 2023), there were about 1 million cases in the […]
[…] of these migrants file affirmative asylum applications at the USCIS Asylum Office. The applications are called “affirmative” because the applicants […]
[…] of these migrants file affirmative asylum applications at the USCIS Asylum Office. The applications are called “affirmative” because the applicants […]
I saw videos of the American military reuniting with their families, who were away from home for 10 months or less, and they took it as a big deal. I also saw people worried about lost dogs and cats, and they mourned about it. I’m always surprised when looking at those videos and reading such stories.
If they knew the people with pending asylum, they would thank their God. Some of my friends have been separated from their children for more than 10 years because of the American system.
I believe it’s a cruel act!!!
Agreed, but this story is not widely known, unfortunately. Telling people about the delays and the harm is important, and some asylum seekers have been lobbying Congress about that. But just letting people know in general is important. Take care, Jason
How is the language management (interpretation) being affected by the huge backlog? Are people being provided sufficient language assistance, both spoken and then the sea of paperwork that is created? I can’t imagine that the resources are capable?
Asylum applicants are now required to provide their own interpreter at the asylum office (in the unlikely event that they actually get an interview). In court, the government provides an interpreter. As far as I can tell, there are no real problems getting interpreters. Take care, Jason
Hi Jason,
I want to renew my travel document. I am green card holder now through asylum and first time i paid the fee for travel document. Can i attach my green card receipt this time instead of paying fee for travel document? I saw some posts here that you can apply for travel document and green card together then you don’t have to pay travel document fee? Is that true?
If you have not used your I-485 receipt to “pay” for a travel document in the past, this should work. I would include a cover letter explaining about this. There is no guarantee it will work (since USCIS sometimes makes mistakes), but we have done it before and have not had a problem. Take care, Jason
Hello, Jason. My name is Anni, and I’m from China. I’ve been applying for asylum at the Los Angeles asylum office for two years. I am a high-level paraplegic, and the lack of status has had a significant impact on my life here, both in terms of work and daily living. However, every time I go to the immigration office, I receive the same answer – they have many cases, and they can’t help me. What should I do now? Thank you. 😊
I wrote about expediting a case on March 23, 2022, and based on your message, I would think you have a strong basis to expedite. That said, LA has long been one of the slowest asylum offices (sometimes, it seems to speed up, but usually, it is very slow). If all other attempts to expedite have failed, you could try a mandamus lawsuit to force them to give you an interview. Take care, Jason
Hi Jason
This is Anni, Thank you for your reply. I have been to the immigration office several times, and they said I only have two years to wait, and there is more to wait for them, but my physical condition is getting worse and worse, and I can’t sleep every night with pain all over my body. I really hope you can HELP me, how can I contact you? Thank you so much!
I am not currently doing mandamus lawsuits, and I think that is what you will need to do. Also, you need an attorney admitted to practice in the state where your case is, so you should look for someone with a CA bar license. You might start at http://www.AILA.org – they have a referral service, I think at the very bottom of that web page. Good luck, Jason
Hello Mr.Dzubow,
I hope all is well with you. After waiting for more than 2 years, I was finally scheduled to attend an interview for Adjustment of Status (AOS) based on asylum. The interview was pretty quick, and the officer asked questions related to the I-485 form; however, I was not given a decision on the spot. The officer handed me a letter right after the interview, which states, ‘Your case is being held for review.’ I wanted to ask if this is a common practice and how long it usually takes to get a response?
That is pretty common, I think. They rarely give a decision the same day. I am not sure if the “held for review” is predictive of how long it will take for a decision. They tend to use similar language for all their cases, and so hopefully it does not mean that there will be a delay and you will get the GC soon. Take care, Jason
My asylum was filed with uscis on Jan 21 2023. Its been around 9 to 10 months. When will uscis conduct my interview. Is it unfortunately safe to assume im in backlog like million others
If you do not get the interview notice in the first 2 or 3 months, you are probably in the backlog, and since it has been almost 9 months for you, I think it is safe to assume you are in the backlog. I wrote about expediting a case on March 23, 2022, if you are interested. Take care, Jason
Respected sir,
Im an asylum seeker . I have work authorization card. My case is with uscss ( asylum office of Los Angeles ). My passport was expired but i was able to renew my passport even though attorneys dont recommend as it mess up your case. The problem is i need advance parole to travel to canada. Is it possible in my situation ? My marriage is finalized and my future wife lives in canada ( Canada citizen). My mom dad bros sisters also live in canada so they want me to get marrie there rather than they fly to usa. They all are Canadians and can come here. Btw im not Canadian. Im indian citizen. Can advance parole be granted and i get married and come back to usa. And how to do this process. Do i file i-131 with asylum office or uscis thanks
You can apply for Advance Parole, though it is not always easy to get it and usually takes 1+ year to get it. I wrote about the process on September 11, 2017 and maybe that post would help. You will also need a visa for Canada. Assuming you have AP and a Canadian visa, you can travel to Canada and return here. Take care, Jason
Hello Jason
I am a naturalized citizen and last year I Got engaged with a young lady in a third country…I did submit I 129f for her and 3 months ago it was approved.She was admitted into the US on finance visa. she is required to marry within 90 days of her arrival…however I have changed my mind and decided not to marry her because I found out that she was not virgin…I have met another lady from the same country online and she assured me that she is virgin so I decided to try my luck one more time. I would like to know if I will be allowed to submit I 129f on her behalf and get married with her once she is admitted into the US…
Thanks in advance for your guidance
I am not sure about that. If you keep bringing women to the US and they keep turning out not to be virgins, USCIS will become suspicious and could accuse you of committing fraud. I guess if lady #1 leaves the US because the marriage did not work out, and you can explain what happened, you should be able to file for lady #2. However, I would have a lawyer check this first, as I am not sure and it is possible there are limits on filing multiple fiance petitions. Take care, Jason
@Jason
Virgins lives matter 😊😊
Now you see why I oppose immigration somewhat. They will transplant their ideology to the U.S.
I wouldn’t be surprised that if one day, female genital mutilation or honorary killing are laws of the land…
Ahaha. I’m sorry but this story makes me laugh so hard.
This makes me laugh hard😂😂😂😂 good luck J K
Jayson,
I hope you are well. My question is: someone with a GC based on asylum can omit the three years and nine months wait for citizenship and get it. In other words, is there a loophole in the law or an exception to the three years and nine months requirement? Thank you!
There is no loophole or exception, unfortunately. The only benefit is that the GC should be back-dated one year when you get it (so if you get it today, it should be dated October 10, 2022). From the date on your GC, you must wait 4 years and 9 months and then you can file for citizenship (assuming you meet all other requirements). Take care, Jason
Hello Jason and folks! I would like to ask a question regarding my current situation. I’m a green card holder and last year 2022 I applied i-130 for my spouse online through USCIS website. Since then it didn’t change its status from “being processed”. Do any of you familiar or know how long it usually takes these days for USCIS to review it? Once USCIS approves it, how long will take to finally get the visa for my spouse? I might need to change/arrange my plan accordingly, so its important for me to know how many months more I should wait. Is there a chance to speed up a process? I would greatly appreciate it for any advice/solution here. Thanks in advance!
PS. I know that all of us are waiting for USCIS to approve/review our cases and it’s really getting hard and intimidating. I wish to all of us patience and power to overcome this. Speedy case approvals!
You can Google “DOS visa bulletin” to see wait times. You have to look under your category (spouse of LPR). There are two charts. The first shows how long you have to wait before a GC is available. The second chart shows when your spouse can apply for the GC, which is sooner than the GC is available. The idea is that by the time the processing is done, your spouse’s category (in chart 1) will be current. So depending on whether the case will be processed in the US or overseas, you will have to either have the spouse file the I-485 (in the US) or start the consular processing. You may want to talk to a lawyer to help finish the process and coordinate the best way to proceed. Take care, Jason
That is interesting! I didn’t know that you can still win asylum even if you have a GC. We only need to hold on it until we receive a new EAD base on the AOS for my dependent.
Thanks again and we appreciate all you do for the community.
The asylum office will probably push you to dismiss, but you can continue the case so you can bring dependents and get a refugee travel document. Take care, Jason
my health is deteriorating. I don’t know how long I have left…I am worried that I won’t be able to stand for or complete my removal proceedings…
Could I petition IJ for compassionate dismissal of my removal case ?
You can ask for PD. If a person has a health problem, that can be a basis to dismiss or administratively close. Take care, Jason
Hi Jason,
If I receive my GC through my employer, can i still keep to my Pending Asylum EAD card so that my dependent can use it until his AOS gets approved? In another way, is there a timeline on when i should withdraw my asylum case after receiving employment based GC?
Thank you
You can continue an asylum case even if you have a GC, and you and any dependents can continue to renew the work permit (though obviously if you have your own GC, you do not need a work permit). You can even win an asylum case while you have a GC already, in order to benefit your dependents and get a Refugee Travel Document. That said, it may not be a good idea to continue the asylum case, as you do not want to risk inconsistencies with the GC case. Also, your dependent may want to file their own asylum case, especially if you plan to withdraw the asylum case at some point. I wrote more about this on December 7, 2022, but for most people, I recommend that they wait until they have the GC to withdraw their asylum case (but don’t forget to do something about the dependents before you withdraw). Take care, Jason
[…] https://www.asylumist.com/2023/10/04/the-incredible-exploding-backlog/ […]
Hi Jason!
We’ve been waiting for the decision from the USCIS Newark office for a year after our asylum interview (and had waited for the interview itself for another 6 years). Follow-up emails do not yield any meaningful results, and we still don’t know how long it will take them to finally issue the decision. I’m wondering if it’s worth filing the Mandamus case to get them to publish the decision (negative or positive). But I’m concerned about the wait time in the Immigration Court (is it 3-4 years these days?). Therefore my question is if it is possible to withdraw the case when it is already referred to the court without negative consequences in case we ever want to go back to the US. It’s relevant to us because we don’t want to wait for the hearing for another 4 years and would rather explore relocation to other countries. If it is not possible, it wouldn’t make any sense to file the Mandamus case because it is easier to withdraw the case when it is pending in USCIS, right?
While it is clear how to withdraw the case from USCIS (you wrote about it on 7. Dec 2022), I don’t fully understand the best options of withdrawing the case when an applicant either left the US or is willing to leave the country after so many years of waiting for the court hearing. Could you please provide your thoughts on that, Jason?
Thank you in advance!
If you are in court, you can ask for “voluntary departure” and then leave the court. However, these days, court cases are generally faster – maybe 6 months to 1.5 years, at least in most places where I practice. Newark may be longer, but I do not know. Also, given the issues discussed in the above article, wait times may increase in court. If you prefer to stay in the US, maybe you want to try a mandamus – if you get a good result, you can stay, but if you get a bad result, you can ask for voluntary departure and leave the US without a deportation order. In terms of withdrawing while your case is at the asylum office, if you leave the US, you can inform the asylum office and try to withdraw the case. If the case is withdrawn, you will not get a decision. However, if the case is withdrawn before you leave, and you have no other status, they may refer you to immigration court, and there is no benefit to that. Take care, Jason
Hi Jason! I have two questions.
1-Do asylum officers automatically refer cases to court if they don’t grant them?
2- let’s say an asylum officer denies a case and does not refer it to court, can a lawyer appeal the decision and therefore continue to apply for work authorization for the applicant while waiting hearing?
Thanks for your help.
1 – If the person is no longer in lawful status at the time the asylum office does not grant the case, it will be referred to court. 2 – If the person is still in status and the case is denied, it will just end and the person will continue in the US on whatever status they have. It is possible to ask the asylum office to reconsider a denial or referral, but that is not normally something they would do, and you cannot extend the work permit based on a request to reconsider. Take care, Jason
Hi Jason,
Hope all is well,thanks for your help
By answering about the immigration issues.
I have question I am waiting my master hearing at NY IC,meantime
I have applied for EAD which is going to expire in November.Heard now it will be valid for 5 years.
1. My question is can I work outside New York something like I am moving Virginia.
2.Can I buy property in other state
While I am waiting my master hearing in NYIC.?
3.if not both 1 and 2 what will be your suggestions please appreciate
for your help.
Best
Jhampa
1 – As long as you have a valid EAD or an automatic extension of the old card, you can work anywhere in the US. 2 – Yes, there should be no issue for you to buy property (though I am not sure that all banks will be willing to lend you money, I think some will). Take care, Jason
Thanks Jason,
Highly appreciated.
Hi Jason,
I’m a permanent resident and obtained my green card based on Asylum. In fact, I’m a derivative Asylee and my wife who’s the principal claimed asylum from a different country than mine. We are not from the same country. I do understand traveling back to your country of origin as an Asylee poses risks even as a derivative. I’ve always travel with an RTD until now. But the wait time is just too long (17 months based on the website). Im planning to travel with my country’s issued passport this time. To a country that’s not my country of citizenship. My questions is, would that be an issue to travel with my passport when I return? Also there’s that question on the naturalization form asking if you ever used your country’s passport. Will saying YES trigger further questions and delay the process?
Navigating the system with asylum status can be puzzle to solve.
Thanks,
As a derivative from a different country as the principal, using your passport or traveling to your home country should be no problem at all. The only issue is that USCIS does not always know what it is doing, and so an officer might be confused about your travel, and ask you about this. You can explain that you are a derivative from a different country and there should be no problem. Take care, Jason
Hi Jason!
I applied for EAD renewal (C8) 3 day days ago. Yesterday I have also notice that my asylum interview is scheduled after tracking the case. Do you think USCIS will deny my EAD renewal request just because the interview is scheduled? I am also not sure whenis the interview date because I have not received the letter yet? But I am afraid that because the interview is scheduled by case may be considered as no longer lending, and therefore can no longer apply for EAD renewal (c8).
Hi @asylum23, how long have you waited for the interview and did you do any expedite ?
7 years. Mandamus
USCIS will not deny the EAD for that reason. However, if the case is granted before the EAD is issued, they will likely deny the EAD under category c-8. If the case is denied and referred to court, they will issue the EAD normally. Take care, Jason
Is this true ? Someone was telling me, they are planning to pass a new law for asylum seekers. Asylum case pending more than 7 years, they will check the background, 7 years record and tax returns. Based on these parameters, asylum seekers can apply for green card.
Anybody know anything about this new law ?
With regards
It’s unlikely to be the case
Lol, even if you stay here for 70 years waiting for interview they won’t give you green card!! Don’t day dream lmao; try to expedite your interview I waited for 7 years and recently approved for interview after requesting expidited request
I highly doubt this is true, as it would require a new law in Congress, which the Republican House would never pass (and I doubt the Democratic-controlled Senate would pass it either). The Biden Administration could choose to give very short interviews to asylum seekers and just grant their cases – Congress is not needed for that. Then they could apply for GCs later. I have no reason to believe the Biden Administration is planning this either, but it would be nice. Take care, Jason
For asylum seekers like myself and many others who are in pending asylum status for 8, 9, or even 10+ years, would it be too wishful to think that the USCIS could just glean through its backlog and provide “amnesty” to those who have proven to be hardworking and legal (i.e. an affirmative path to green card or citizenship by virtue of long-term residence), especially among those whose countries of origin are still in turmoil?
Not only would this ease the insurmountable backlog, but it would also reinforce the bipartisan model of legal immigration. Too radical? I think it’s practical, maybe a bit too practical… Just a thought experiment from someone who hasn’t lost his optimism just yet.
Stop daydreaming pal
I have been thinking about this for some time and I agree. If the Biden Administration wants to do something within its power to help asylum seekers, they should just schedule people for a very short interview (maybe 5 minutes) and then grant the case, as long as the person passes the security check. I doubt they will do this, but they should. I am also planning to post something about this next week (well, at least partially about this issue), if I can get it done. Take care, Jason
I know you would say that most of time they are POLITE and professional. But I guess, I am curious, in relative terms, in immigration court hearings, are the prosecutors more hostile to the immigrant or the IJ more hostile to the immigrant ?
In my experience, they are generally professional, though once in a while you come across a jerk. Take care, Jason
Will the government extend validity of RTD to 5 years? It doesn’t make sense to wait 12+ months and it gets expired in one year. Many countries requires 6 months validity. There is no one at uscis to think about this stupidity? Shame on all of us to have such an institution.
Jason will respond. We are not aware of this happening for RTDs at this time. However, the EAD for some categories now have a 5-year validity, effective Oct. 1, 2023.
This is something that they were discussing in 2008, but nothing ever came of it. Why? I do not know, as it is such an easy fix. Hopefully, they will get it done, as it would help many people. Take care, Jason
I just moved from my old address, I was granted asylum few months ago,that my first change of address , I did online change of address form AR 11, I used to send an email for notification to asylum office, now that I m granted do I need to notify asylum office ,is my asylum case still in asylum office after granted asylum
You should continue to change your address with USCIS/EOIR until you become a US citizen
I would just add that you only need to update with EOIR if you have a case pending in immigration court. Otherwise, you only need to update the address with USCIS using form AR-11. Take care, Jason
You only need the AR-11. The asylum office no longer has your case, so there is no point in telling them. Do keep a copy of the confirmation, so you have proof that you filed the AR-11. Take care, Jason
Hello Jason,
Thank you for all you do for us on this platform.
I have a few question about my wife and i coming back together after divorce. where she went into a marriage that didn’t last long and I already applied for asylum while we were separated, am i able to get her on my application now that we are back together.
its a long story but will try and explain
If she gets divorced and legally marries you again, and your asylum case is still pending, then you can add her to your case. I wrote about this on March 29, 2023. Take care, Jason
Thank for your response Jason. Please can you advise me on the steps/process of adding my spouse to my pending case?
Secondly, can I process (adding spouse) on my own or I need to involve a lawyer?
Regards
The process is a disaster and often does not work, but certainly you can try and hopefully it will work. You can use a lawyer or not – we are usually successful, but not always. I did a post about adding a dependent on March 29, 2023 and maybe that would help. Take care, Jason
Dear Jason,
Thank you so much for writing all these articles.
My case is a bit different. I’m not an asylum seeker but I’m a green card holder since 2015 but have not been living in the US for close to 8 years because I couldn’t find a job in the field that I wanted. I finally managed to find a job with a US employer this year and entered through the airport. However, CBP officers took away my green card and gave me a NTA. My master hearing is in Feb next year. Do you think I would qualify for prosecutorial discretion? If my PD is granted, will I still remain a green card holder?
You should talk to a lawyer. When you have a long absence from the US, you typically would be considered to have abandoned your GC. Maybe there is some way to keep it or get it back, but it depends on the case. PD would potentially help you if they allowed you to keep the card, but I am not sure about that. Take care, Jason
Thank you, Jason! Is this new 5-year validity period applied to already issued EAD?
No
It should apply to cards produced starting October 1 (a few days ago). Take care, Jason
https://www.youtube.com/watch?v=RA4UmnQyqYw
Is this an accurate depiction of what’s going on during individual hearings…seems a little artificial/staged…
1.Is prosecutorial discretion dismissal of a merit case about DUE process of the law?
2.Does the Dhs attorney have to get consent from the asylum seeker of they simply finish the case forcebly?
3.what happen is the case discretionary dismissed includes dependents overseas, can applicant file the I 730 form to bring them in that case?
4.all these aim to dismiss as many cases they can instead of adjudicating them, it s really sad
1 – I do not understand this question. 2 – If the person had filed for asylum at the asylum office and got referred to court, the case cannot be dismissed unless the noncitizens agrees. For other types of cases, the case could be dismissed even if the noncitizen does not want that, but many judges will not dismiss a case where both parties are not in agreement. There is a new memo out about this (there is a link in the above article), but I have not looked at that closely and I do not know if there are any new rules for the court related to PD. 3 – Unless asylum is granted, you cannot file an I-730 for someone overseas, so if the case is dismissed, you cannot petition for family members. 4 – Who knows what their aim is? Why bring the cases in the first place if they plan to dismiss them later? Why not make that decision before they send the person to court? Take care, Jason
I think I said long long ago that if USCIS doesn’t petition the government to issue severe punishment to the persecutors…the asylum system will collapse one day and the backlog issue will never be resolved.
I know it won’t be easy to punish foreign persecutors but maybe the govt should at least start thinking about something like that, if they really intend to resolve the backlog and improve the asylum system…gotta address the root cause…
I think that would have no effect on the flow of migrants to the US, since the US simply does not have the power to solve all the world’s problems. I do think persecutors deserve to be punished, but the US cannot do that without declaring war on the world. Take care, Jason
And while the US is at dishing out punishment to “persecutors”, the US should also try to solve, or “punish”, world hunger, climate change and other natural disasters (which cause displacement of people and refugee crises), economic woes and abject poverty, etc. In case you were living under a rock and just coming from under that rock, a lot of the people who are seeking asylum nowadays- and to be clear, this is not something new- are not fleeing because of government/”foreign” persecution. Many of them are actually fleeing all kinds of social and economic ills- not only persecution by the state.
I am usually correct in my assertion/prediction.
Remember I predicted like 2 years ago that Donald Tr*mp will become the 2024 republican nominee ? It looks I will be correct…I will be vindicated in about 5 months…
So…I guess my wish is for asylum seekers and asylum advocates to be creative in dealing with the issue. A lot of emphasis is placed on FIFO vs. LIFO, border vs interior…Trust me…both border and interior asylum seekers are important…and neither FIFO nor LIFO will solve the backlog issue…(FIFO may just appear to be more equitable and fair…)
I guess I would not go as much to say to punish foreign persecutors just yet…But ultimately…asylum seekers’ are products of other countries…at the very least, the U.S. govt should think of a way to return some of the burden or cost to the original producers ? (the persecutors)…Otherwise…the persecutors…sensing that they can just freely produce and dump asylum seekers to the U.S….will keep doing what they are doing…and asylum advocates should write more about how bad certain countries are…condemn them…name and shame them (e.g. I applaud @Jason’s blog about Russia on March 2nd, 2022) … maybe more articles about China’s human rights abuses and India’s religious persecution ?
Good point Jason and Jamie. It’s not practical for the US to punish persecutors or to address root causes. The Biden Administration tried the “root cause” initiative. In 2021 they mobilized foreign investment in Guatemala, Honduras and El Salvador to create employment and prevent illegal immigrantion from that region. It did not work out.
But when the anti-immigration administrations’ stance is to demonize asylees, I feel a fitting pro-immigration administration’s stance would be to demonize asylee causers. Since that’s the other side of the coin.
Take Care.
I mean…
I would not say the persecutors are demonized…
They are rightfully condemned…If asylum advocates really want to help asylum community in a broader sense…then…my suggestion should be considered…And it’s only impractical now to punish foreign persecutors…but it could and should change…
I wish that asylum advocates could spearhead this initiative, step by step, and eventually the punishment of foreign persecutors will be incorporated in our asylum law.
@Daniel, President Biden did a major experiment in trying to really resolve the asylum mess…It was not as successful, but their efforts should be applauded…So for that, I will support President Biden for his re-election. He deserves every asylum seeker’s and advocate’s support.
@TOLD YOU SO, How can you make such a statement? America has been built by immigrants, and asylum seekers have also contributed to its development. Immigrants from various countries often make significant contributions and are just as productive as those who are referred to as ‘Americans.
Did you read my comment ?
Good Morning Mr Jason
I would like to seek your view on the following.
If an asylee’s relative ,benefiting from a approved petition , was asked to fill out the work permit application at the visa interview at US embassy before traveling to US , is there a need to file a new application for a work permit upon arrival in US or the one filled out by the relative at the US embassy will be processed by the USCIS and the work permit will be mailed? Furthermore, how long the process can take to obtain the work permit based on the assumption that the USCIS will process the application already filled out during the visa interview at US embassy?
Thank you so much for all your support and have a blessed day 🙏
There should be no need to fill a new work permit. I do not know the time frame to receive it once the person is in the US, and the time frame for work permits has been getting longer for certain types of applications. Depending on their status, the person may not need a work permit to work legally, but it is more convenient to have it. Maybe someone else has arrived recently and knows about the time frame. Take care, Jason
My family arrived last year. Its simple when any US Embassy received i730 approval & Form they also received EAD form which derative asylee fill and signed at embassy. When Asylee received Travel foil its included everything. When they arrived at Port of Entry they will transfer to secondary inspection. They put stamps “WORK AUTHORIZED ” despite their ages. They will received their EADs within three weeks like Asylees when our cases were approved.
Thank you, Since my clients have never had any complaints about this, I don’t really hear about it, so that is helpful. Take care, Jason
Thank so much ILYAS and Mr Jason.
I really appreciate you.