The war between Hamas and Israel has prompted some American politicians to call for a ban on refugees from Gaza. Other politicos want to deport student protesters who express pro-Palestinian sentiments, or exclude Palestinians from the U.S. altogether.
I suppose that in a time of war, there’s an impulse to pick a side. Israel or Palestine. Muslim or Jew. Us or Them. And so in theory, I can understand why some leaders would want to punish those who appear to be supporting our adversaries. But as I see it, painting all Palestinians or all Muslims as Hamas supporters is counterproductive and harmful to our national interests, not to mention untrue.
The names of those calling for bans and deportations will not be a surprise. Donald Trump has indicated that if re-elected, he would revoke student visas for “radical, anti-American and antisemitic foreigners.” Ron DeSantis says of foreign students who he believes support Hamas, “You don’t have a right to be here on a visa. You don’t have a right to be studying in the United States.” He has also accuses fellow presidential candidate Nikki Haley of trying to “import” Palestinians into the U.S. Two Republican members of Congress have introduced the cleverly-named Guaranteeing Aggressors Zero Admission (GAZA) Act, which seeks to prevent the Biden administration from issuing visas to people with Palestinian Authority passports.
To those of us who support Israel and who are concerned about antisemitism, I can see why such sentiments might be appealing. Certainly some of the pro-Palestinian protests are antisemitic and pro-Hamas. For example, a letter from 30+ organizations at Harvard University “hold[s] the Israeli regime entirely responsible for all unfolding violence.” These organizations cannot even bring themselves to condemn the killing and kidnapping of children and grandmothers. Worse, there has been a nation-wide rise in antisemitic incidents, including vandalism and assaults. It’s only natural that we should seek to prevent supporters of Hamas or other terrorists groups from coming to the United States. But that is not what the proposed bans would do, and there are a few reasons why I think this is the wrong approach.
First, banning all Palestinians or all foreign students who support Palestinians sends a message that we–the United States–view all such people as terrorists. This will reduce our ability to serve as an honest broker in the region and it will further narrow the space available for dialogue–it is difficult to get people to listen to you if you are calling them terrorists. Also, by labeling all Palestinians as terrorists, we further push the Palestinian people into a corner, which is harmful for them individually, and also plays into the hands of Hamas, which draws support from desperation and hopelessness.
Second, there is widespread support around the world for the political aspirations of the Palestinian people and for an end to the Israeli bombing campaign that has harmed and killed so many civilians. If we label everyone who holds these views as terrorists, we marginalize ourselves on the issue, which reduces our ability to influence events.
In terms of our humanitarian immigration system, blocking refugees from Gaza (or Palestinians in general) is diametrically opposed to the entire raison d’etre for asylum. We grant protection to people who face harm from persecutors, such as Hamas. When politicians call for a ban on Gazan refugees, they are essentially endorsing Hamas’s ability to persecute its opponents. Wouldn’t it make more sense to support Palestinians who oppose Hamas? One way to do this is to offer protection to such people when they need it.
Also, of course, our asylum and immigration system has numerous safeguards to prevent terrorists and their supporters from coming to the United States. If any non-citizen is found to have provided “material support” to a terrorist organization (and Hamas is designated as a terrorist organization), they are subject to deportation (and criminal prosecution). “Material support” is broadly defined, and includes providing funds to a terrorist group, endorsing or espousing terrorist activity, and distributing literature for a terrorist group. These rules have been in effect for a long time, and if noncitizens are found to have supported Hamas, they can be deported.
Finally, the idea of banning Palestinian refugees is a solution in search of a problem. That’s because our country has historically admitted very few refugees from Palestine. In the fiscal year that ended on September 30, 2023, we resettled a grand total of 56 Palestinian refugees, which is consistent with prior years.
Given that there are already strong safeguards in place related to terrorism and that not many Palestinian refugees come here in the first place, it’s clear that some of the calls for a ban are just cheap political rhetoric. For example, Donald Trump claims that “members of Hamas… were ‘pouring’ over the southern U.S. border.” In response, a DHS official called the former President’s statement “false,” and Mr. Trump produced no evidence in support of his contention (as usual). But it hardly matters. Mr. Trump and other Republicans seek to frighten and enrage people with the hope that it will help get them elected.
In these sad times, it’s difficult to know how we can help make things better. But it’s quite clear what will make things worse. The proposed ban encourages hatred towards Palestinians and Muslims, conflates Palestinians and their supporters with Hamas, and reduces opportunities for dialogue. We should reject this divisive and counterproductive proposal.
I’m experiencing the issues re the “Adjustment on Asylum – Matter of Orban”.
I entered the US with B1/B2, extended successfully another 180 days, applied Asylum within the B1/B2 extension period and never had an interview, now I have Employment based I-140 approved and visa bulletin B might be current in 6-12 months , by that time I can file I-485 within the US, but USCIS might not recognize Asylum pending as a legal status to AoS within the US.
If not, should I apply for Advanced Parole to get an O1 or immigration visa and go through consular processing? Couldn’t find much information online.
Also Advanced Parole only available for humanitarian reasons
Thanks,
I do not do business immigration and I think you will need to talk to a lawyer who does such cases. I wrote something about these issues on August 28, 2018 and September 6, 2018. Basically, if you filed for asylum while you were still in lawful B status, and there has been a long delay in the asylum case, you can try to apply to get your GC without leaving the US. The relevant law is INA 245(k). You should try to find a lawyer who has done such cases in the past, as they can give you the best advice. If 245(k) will not work, you can try to consular process. As you mention, it is a good idea to have Advance Parole, just in case something goes wrong at the embassy when you leave the US (presumably to a third country) to consular process. Again, you need an attorney familiar with consular processing and business immigration to guide you before you try this. I wrote more about AP on September 11, 2017, if you are interested. Take care, Jason
Hello Jason, while I am waiting for asylum interview (undefined wait), wife and kid in persecution country. They are dependents on my case. will they be denied visa (student/tourist) as visa officers have information of asylum case?
If I try mandamus lawsuit, if denied can we retry, also how long it takes to get interview once we go for mandamus lawsuit.
It is usually difficult for an asylum seeker’s spouse or child to get a B or F visa because the embassy usually denies visas to people who they think will violate the visa status by overstaying their time in the US. Here, they will suspect that your family will come to the US and join your asylum case, so it is likely that they will deny the visas. If your family could come on an H1b or L visa, this should not be a problem. In terms of a mandamus lawsuit, you should first try to expedite the case in the “normal” way, which I wrote about on March 23, 2022. If that fails, you can try a mandamus, which should get you an interview. The time frame for that depends on the asylum office. In our local office (Virginia), it usually takes a few months for the mandamus and to get the interview scheduled. Take care, Jason
Following up on this:
Does this mean that the embassy has information on the spouses passport no.
This is what i have in mind. When i submit the asylum application and its not picked up yet, will they have my wife’s passport number/ details in the system. If yes, whats the probability that its in the embassy system that wifes visa can be denied.
Can i still try for her coming here or will it be bad?
Thank you
I do not know, but they could have her information (I did a post related to this on September 4, 2013). Also, they will probably ask her who she has in the US and where her spouse is. If she lies and they know, she will definitely be denied. I do not think there is a downside to her applying for a visa, but I do not think there is a good chance for a denial. If she can convince them that she plans to leave the US at the end of her visit, maybe she will have luck – if she has other family in her country, a job, property, etc., she can provide evidence about that and maybe they will issue the visa. Take care, Jason
Hi Jason. I am Asylee. My Familysi730 approved and i and my wife received email from US embassy of my Home country for interview date,which have 15 days. In the email are only mentioned case numbers of all family members but no separate letters with name. i am confused that how they will do medical and do interview? please guide. Thank you.
Every embassy seems to do this differently, which is very confusing. Maybe if you look around on the embassy website, you can find the list of designated physicians for the medical exam, as you must use a doctor from the list. Sometimes, it can also be found in an attachment, if they sent you an email. Also, sometimes, you can find an email or phone number to contact the embassy to ask. If nothing works, I guess your family can go to the interview and present everything they have, explain about the medical exam issue, and the embassy should be able to tell them where to go and give them another appointment so they can drop off the completed exam. These things always seem to work out, but because there is so little info, it is confusing and stressful, but in the end, it should be ok. Take care, Jason
Hi Jason ,I paid money for militants to let me go from their detention..is this going to be a problem to my case ?
That is potentially a problem. There are rules called the Terrorism Related Inadmissibility Grounds (TRIG), which are very broad and very unfair. Basically, it is a potential bar to asylum if you paid money to a “terrorist” (as defined by statute), even in a situation like this where you did it to save your life. I wrote about this on June 24, 2016. I suppose you can talk to a lawyer about the specifics to see if it is worth sending additional information or legal argument to the asylum office, or you can just wait for a decision. Here, the payment was clearly under duress, as they would have harmed or killed you unless you paid, and so you should meet an exception to the TRIG rules. The problem is that this type of situation often causes a very long delay, and so it could be years before they actually decide the case. It is very unfair, but maybe it is worth talking to a lawyer to decide what, if anything, you should do at this point. Take care, Jason
Jason in your post you said it could be a bar to asylum if he paid money, even to save his life. But then you said he should meet the exception because it was to save his life. Can you please clarify?
As far as I know, even if under duress, TRIG stupidly bars anyone who gave anything to “terrorists”.
TRIG – the bar to asylum for people who “support” terrorists is very broad. There is an exception for a person who “supports” terrorists under duress (for example, a terrorist threatens to kill you unless you give them money, and then you give them money). The problem, at least in my experience, is that this tends to cause eternal delay in the case. In other words, rather than decide the TRIG issue, the asylum office will just push the case aside forever. Supposedly, there are some new rules coming about TRIG, but we have been hearing that for many years (I think since maybe 2006 or so, but I can’t remember), so I doubt those rules will appear any time soon, and until then, I think many people with TRIG issues will be stuck in limbo. Once in a while such cases are decided, but it is often very slow. Maybe a mandamus lawsuit is a way to force the issue. Take care, Jason
Hi Jason,
I sent an inquiry email to asylum office for the status of my case after the interview was done 6 months ago and got the following response
“ According to our service records, your case is under review and pending a final decision. We are unable to determine at this time when the review process for the application will be completed.”
Does this response means that all other review and background checks and processes have been completed and now the final decision needs to be made ?
Should I take this response as a positive sign for the decision to be made soon.
Thanks
Syd
I think this is a standard response and it is pretty meaningless. I did a post about dealing with delay on June 2, 2021 and that might give you some ideas. Also, if nothing works, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
Again I thank you for your support and information for us. I have a question regarding my job search. I have been applying for jobs for almost a year, but I am facing challenges due to ITAR regulations.
I have a pending asylum case and possess a valid(EAD). Could you clarify if my pending asylum status with EAD makes me eligible for a job that requires compliance with export control regulations, such as the one mentioned below:
“U.S. Government Export Control Status: This position must meet export control compliance requirements. To meet export control compliance requirements, a ‘U.S. Person’ as defined by 22 C.F.R. §120.15 is required. ‘U.S. Person’ includes U.S. Citizen, lawful permanent resident, refugee, or asylee.”
Thank you for your guidance.
Hi Jason…. I have a quick question regarding the H.R. 2, Secure the Border Act of 2023 floated by many Republicans.
Does the bill affect asylees applied in 2014? or only future asylees from the Southern border?
Thanks Jason as usual for being a beacon of hope for so many of us, you are truly a wonderful soul!
I have not seen the bill, and honestly, so many potential bills come and go that it is not really worth worrying about. Maybe if Trump or some other Republican is president and we have a Republican Congress, such a bill could pass, but for now, it is probably not going anywhere. Take care, Jason
Sorry, I have no idea. I would think you need to talk to a lawyer who specializes in export controls. But just looking at the language you posted, you do not fall into any of those categories since you have an application pending, but do not have status. Based on this, I am not optimistic, but I do not know for sure. Take care, Jason
Hi FM, Jason would answer your question but as I know pending asylum is not acceptable for ITAR unfortunately you should be granted asylum/asylee to be able to work in such a job and it depends on a job some companies only accept green card holders.
Hi Jason,
Hope all is well,thanks for your great help by answering questions we asked you about asylum.
I have plan to go local Congress office and ask help if they can talk to IC for my master hearing which I am waiting for 2 years.
1. I have this question about my status if IC call for hearing and just in case my case is denied what will happen and 2 of my kids are final year of college?
How long time I will have to leave
Or there are other ways I can apply for residency?
I look forward your response
Best regards
Jhampa
I doubt Congress can help with an Immigration Court case. I wrote about ways to expedite such a case on April 20, 2017 and maybe that would help. If you lose the case, you can appeal, and appeals typically take a few years. They do sometimes move faster (or slower), but it would probably be enough time for them to finish another year of school. Take care, Jason
Hi Jason,
First of all I wanted to express by heartfelt gratitude to you and the great work that you are doing, I see sincerity and passion in all the work you are doing for people who are seeking protection from persecution from their countries of origin.
Secondly I am just deeply saddened to see the atrocities that is unfolding in the middle east, according to estimates 1 child is massacred every 9 minutes in Gaza, where did our humanity go ?
I think all of us know that the event of October 7th was barbaric because killing of civilians is a crime wherever it happens and we all agree to that. But why do we stop at October 7th ? Why do we not see at the Israeli aggression beyond October 7th ? Why are we not seeing the carpet bombing of civilians in Gaza ? Isn’t that a genocide ??? Why do we confuse ourselves between supporting the innocent children and supporting Hamas ? Why do we label someone who stands for the innocent Palestinian children that are massacred by Israeli army as pro Hamas terrorists ? Where did our conscious go ? How can you call yourself a human being and still neglect the carpet bombing of Israeli army ? How do you sleep in your warm bed and ignore the plight of children who are dying right now on the streets of Gaza with no water, no food and no sanitation ? We are indeed witnessing a genocide unfolding in front of our eyes and we are silent to it and silence at the face of oppression is by itself an oppression.
To your remarks about what Trump and his republican party’s agenda, despite the fact that American’s are sick of ‘Genocide Joe’ for funding Israel to kill more children, I think American voters may not be aware of how much plight can Trump bring to them should he get re-elected, Trump is known for his ani-minority, anti-immigrant , anti-muslim rhetoric we already tested that man and he failed ALL his tests and we don’t want to ever see that man and his sick ideology rule over this country.
I know the election 2024 will be toughest for American voters if they were given a choice to chose between Biden and Trump, because we won’t have any “lesser of the two evil” in that race, but I still believe that there are some elements within Democratic party who might have some mercy to refugees and Asylees in some corners of their heart.
They say that voters have short term memory and they will forget all incidents at the time of election but no American with a minuscule bit of conscious will ever forget the policies of Biden and the way he handled this middle east conflict, he is responsible for the death of 4500 innocent children whose lives were taken by the Israeli army. But voters will also not forget the shameful and fascist rhetoric of Trump. Let us all hope that we won’t have to chose between these two in 2024.
Mr. Jason, you are a man of honor, dignity and conscious. We all look up to you for all your services, you are a man who have dedicated his life to serve the humanity through the good work that you are doing, please we are requesting you to advocate for justice and for humanity, please don’t get swayed away by the propaganda machine that entire Gaza is Hamas and all Palestinians are pro Hamas. Hamas never represent all Palestinians and the innocent Palestinians don’t deserve to be carpet bombed with ruthless Israeli weapons and American tax dollars. We should speak up against this madness and call for a ceasefire and advocate for a two state solution for this ongoing crisis.
I certainly do not believe that Hamas represents Palestinians or that people who advocate for a cease fire or a Palestinian state are somehow supporters of Hamas. That is a narrative that the Israeli right and the American right have long used to discredit legitimate protests, and I think that now we are suffering even more for allowing this issue to continue. That said, the persecution of Palestinians does not excuse the violence committed on October 7, which was deliberately targeted at children, old people, and civilians. The failure of many who consider themselves pro-Palestinian to condemn that violence is a big problem, and I believe it prevents them from effectively advocating for the Palestinian people. I also see the current war as a humanitarian disaster, but I have not heard of a viable alternative. Hamas cannot remain in Gaza. I think if world powers would come together to insert a neutral peace keeping force into the territory, maybe that would be a possibility, but that is not even being discussed. Or maybe Hamas could surrender, which would also stop the war, but that does not seem like a possibility either. The violence is horrific and heartbreaking, and I would be happy to hear of a realistic solution that would stop the violence and stop Hamas. I would also like to see more of an effort by Israel to prevent civilian deaths. So far, I have not heard any realistic options and many innocent people are dying as a result. I wish the world had a better answer. Take care, Jason
Hi Jason,
Thanks very much for the reply.
UN secretary general is considered a neutral post and the secretary general rightly said “the event of October 7th didn’t happen in a vacuum” I know the event of October 7th can never be justified, but we need to know what actually triggered this war. The gruesome situation of middle east was like a pressure cooker which was inflating and eventually and inevitably going to explode which unfortunately did explode. All this atrocity is caused by unfair occupation of Palestinian lands by Israel. Ignoring the Israeli occupation of Palestinian lands is an injustice and unfair judgement. The truth is that Israel with its military fire power and the unlimited US tax dollar is an occupying force that is slowly devouring all the indigenous Palestinians and want to perform a complete ethnic cleansing.
The right-wing extremist American politicians backed by their fox news propaganda machine is trying to draw a different image of this conflict, but reality will always emerge.
Today UN announced that Gaza is a graveyard for babies and children, the premature babies in incubators are dying because Israel cut off electricity and fuel on Gaza. These kids that are dying have no political opinion, neither are they the children of Hamas, they are normal civilians, and their only fault was that they were born in Gaza under the terror of Israeli occupation.
Young American voters from all walks of life and all faiths are now rising against this injustice. No American would ever wish to see their hard-earned tax money being used to kill babies and children overseas in the middle east. Jus this past Saturday, Washington DC witnessed a historical demonstration against this genocide, thousands of people from all faiths including lots of Jews expressed their strong condemnation against these Israeli Zionist regime. This war has awakened alot of people. Israel will never achieve long term peace unless they end to their brutal occupation of Palestinians.
The bottom line of all this is Israeli army and government have extremist and racist views same like how Trump and some GOPs along with their extremist right-wing politicians used to have and extremists like these will never be able to coexist with people whom they consider lower then themselves. Jews, Christians and Muslims had peacefully lived in the holy land for centuries before this occupation and had no problem with each other, there was no antisemitism and no Islamophobia at that time, these are all inflated by these politicians who see their existence in the demise of human values.
Thanks
I agree that it is horrific and the more you know, the worse it seems. I also think that Israel should have made more effort to reign in extremists and create a Palestinian state. In fact, especially under Netanyahu, it did the exact opposite and Palestinians have been suffering for many years in large part because of Israel. But that is not the only reason they are suffering. Hamas has plenty of money, but that money is used for arms, tunnels, and lavish lifestyles for Hamas leaders abroad. Hamas also has the power to end the war by surrendering, which honorable governments that care about their people sometimes do when confronted with horrific casualties (see, e.g., Japan in WWII). That said, I personally believe that there should be a pause in fighting and that some type of occupying force should enter Gaza to help the many injured people and take over from Hamas. I do not see this happening, as Hamas will not surrender, and I am not really sure how Israel can make that happen unilaterally, but the situation is incredibly dire and there should be some way to stop the fighting. At least that is my hope. Take care, Jason
Hey Jason, not sure if you are following or not, but new evidences have emerged from within Israeli media that show that most of the Israeli civilians who were killed in October 07 were killed by IDF which comes with absolutely no surprise, because IDF soldiers are devoid of all human values, I heard the interview of Senator Mark Warner who said “Israeli is loosing the battles of hearts and minds” I 100% with this senator, the narrative that IDF portrayed seems to have shattered, one Israeli survivor was asking what was Hamas’s intension, she said they were intending to take us as captives, but IDF was shooting at us deliberately, evidences are showing that Hamas wanted to take hostages so they can exchange with thousands of Palestinians who are rotten in Israeli prisons with no trail which quite honestly isn’t a bad intention, I also came across this video which is quite interesting about Oct 07.
https://www.youtube.com/watch?v=kd4-FoH8lK4
Things are unfolding quite fast and there is absolutely no good news for the state of Israel.
I think this is utterly false. Based on a new report, it appears true that Israel had advance notice of the planned attack, but the government was too pre-occupied dismantling democracy and supporting extremists in the West Bank to take any action. The October 7 attack was clearly planned and broadcast by Hamas (and a few other terrorist groups that seemed to have joined in) and the Israeli response was very slow, but Hamas is responsible for the murders and kidnappings of children, old people, and other defenseless people. If Hamas had any concern for the Palestinian people, they would surrender, but of course, they will not, and so unfortunately, the war is resuming. Hopefully, it will stop soon, as it is a true horror. Take care, Jason
Hello Jason
You seem to suggest that IDF has no alternative but to keep killing thousands of kids in order to fight Hamas…I am surprised that Jason you turned out to be a child killer as well…
I am suggesting that when Israel is being attacked by missiles, and when hostages are taken, it is not enough to simply tell them to stop attacking. There needs to be some end to the missiles and hostages need to be returned. It is not a solution to simply stop unilaterally. If that were what was needed, Hamas could stop the war just as well by surrendering, but for some reason, no one is calling on Hamas to stop. Even so, as I mentioned, I would like to see Israel stop for humanitarian reasons and then some occupying force comes in to take over, but so far, that is not an option. Take care, Jason
NOTHING in this world can justify the killings and tortures that Israel is conducting against the Palestinians right now. One horror can never justify another horror, this is a losers mentality to wipe out horror with horror. We simply CAN NOT call ourselves humans and claim to be the advocates of humanity and yet stand on the side of Israel. This is not SELF DEFENCE, this criminal state has issued a death sentence for all the Palestinians, I don’t know why the world is silent in front of this genocide. They are deliberately targeting kids with their snipers, they have cut food and water on the civilians, we have no other word for this but to call it a GENOCIDE and history will never forget this. As Americans we have to stand united and not let even a penny of our money go to Israel anymore, we have to speak against funding of this terror state. We all know that AIPAC has got alot of money to pay and push the pro-Israel agenda in American politics, we saw a good example of it in the recent pro-Israel protest in Washington DC where they paid $250 for each attendee, but young American voters are waking up, the new polls suggests that alot of Americans are now turning against Israel and favoring an immediate ceasefire. I know AIPAC has strong influence on both Democratic and Republic party but the forces of evil will eventually collapse and justice will prevail. The ripple effect of this war will be very detrimental for this illegitimate terror state. Israel badly destroyed itself in the minds of millennials and pro-Human right advocates. A new waves of boycotts are emerging on Israeli products, people are determined not to spend a dime on the products of this criminal state anymore.
If that is the case, we need a solution for getting rid of Hamas. The organization cannot be allowed to remain, and if they cared about Palestinians, they would surrender. I do agree that the war is causing too much harm to civilians and that is a reason for fighting to stop. But for fighting to stop, there also needs to be a plan to rescue any surviving hostages and remove Hamas. Take care, Jason
Hello Mr Jason,
I have interview coming up for marriage I485. But my asylum is pending since start of 2015 without an interview. The attorney hasn’t filed any supporting documents for asylum as he wanted me to bring them on asylum interview.
How much I should be ready about my asylum interview? It’s been almost a decade since I am in here in US. Should I carry my asylum application/documents at the interview? I read one post on reddit and the person said the officer spent an hour on asylum case and only 5 minutes on marriage questions and didn’t approved her on the spot. Please guide, thank you
I doubt you will need any evidence for your asylum case, but I would review the asylum form and the marriage forms to make sure everything is consistent, including addresses, dates, jobs, memberships, etc. You should be prepared to explain any inconsistencies. I would bring a copy of whatever asylum documents you filed, but unless your lawyer wants you to bring additional asylum materials, I would not do that. If USCIS wants that, I think it would be better for them to request it so you have time to think about those documents, make sure they are all consistent, and then submit them. If you just bring a bunch of documents and hand them over, there may be inconsistencies, which can cause problems. Talk to your lawyer so that you can formulate your strategy for the interview. Take care, Jason
Hi Jason,
My asylum was approved in the court in April 2023 and I want to apply for green card in December( as per new rule). For green card, i meed to provide my birth certificate and I don’t have my last name listed on my birth certificate. I have my last name on all other documents like school certificates, passports, ID’s etc.
Do you think it’s going to be a problem with birth certificate? Can I provide a affidavit that Selma and Selma Ibrahim are the same person? ( as my name on birth certificate and school certificates?
I am not sure whether it will be a problem, but lately, USCIS seems more strict about birth certificates. I would provide whatever documentation you have and then see what happens. That may be enough. If not, you can get people who knew you when you were born (parents, uncles and aunts, family friends) to write affidavits about your birth. These affidavits should be notarized and contain a copy of the writer’s photo ID. They should include the writer’s names, address, contact info, how they know your parents and about your birth and they should list your name(s) and birth date and your parents’ full names. Take care, Jason
Good afternoon Jason,
This is very complicated for me then. It is impossible for me to get a birth certification because of the conditions I was born in in the middle of war and how I lost my parents. During my asylum interview, the asylum officer asked for my birth certificate but I told him that I did not have one. Do you think this may become a problem for my pending green card application? My attorney told me that USCIS doesn’t make an issue for asylees. Is this right?
We have had problems with this for some asylee green card cases. It is very annoying and I am not sure why USCIS can be a pain about this – you obviously exist and so I am not sure why they need a birth certificate. Anyway, maybe they will not ask for it, but if you do not have it, try to gather whatever you can, including school records, any documents that list your name and your parents’ names, early passports, etc. Also, try to identify some people who knew you and your parents at the time you were born – older relatives, family friends, people in the community. Maybe they can write affidavits for you if you need them. I do think you will overcome this problem – we always have, but it is very annoying and a waste of time. Take care, Jason
Thank you so much for your response as usual. My case might be very complicated because I was born in a war-town area. Five years only after my birth, my parents and family were killed. I was raised by some church members who took me far way from where I was born in. Right now, I cannot even remember where all these people are because I became a street boy for a while but made my way through. I went to school and completed college . USCIS knows about all my situation and I believe that It would be insane if they requested a birth certificate. I will just wait and see how it goes.
They are pretty awful about this stuff, but hopefully, they will not request it. If they do, you can provide the information from the asylum case or other info about your situation at the time you were born and afterward. You might see if you can find anyone who knows about that who can write a letter describing what they know, even if they do not know the whole story, at least maybe they can provide some evidence for what happened. I do expect that if you get whatever you can, it will probably be enough, but it is pretty annoying to deal with such requests from USCIS when they should know better. Take care, Jason
Hello Jason
I have a question
My case is still in pending court. I entered with crew visa so that my employer wouldn’t get me green card even my wife is a USA CITIZEN I can’t change my status. I decided to apply for tps and travel document. Can I go to Canada and return to Usa so that I will get my status change. Do you think it’s a good idea?
Thanks
I think that may be possible, but you should have a lawyer research the question to be sure, as I am not certain. Take care, Jason
Hello Jason
My asylum application was approved approximately six months ago. I am in the process of applying for my wife to join me here in the US. My problem is that I have two wives and my question is to know if it is allowed to apply for both wives to join me here. I can provide evidence that I will be easily able to support both wives financially. MY UROLOGIST did provide me with a certificate that I do need two wives. Do you think the letter from my urologist will be helpful?
Thanks in advance for your advice.
You cannot bring two wives, even though your urologist thinks this is a good idea. In fact, having more than one wife is grounds for deportation. Take care, Jason
Do you mind if I ask why do you still answer these multiple-wife questions…
It’s a little bizarre from my POV since I don’t think you would think this is a genuine question made in all seriousness…
Hi Jason , do you think that before the asylum interview the asylum office notifies the client’s attorney that his client’s case has a high chance of winning? cause my friend’s attorney emailed him before the interview telling him that his case has been won congrats etc..and please leave a good review .what do you think ? Thank you .
Before the interview? That never happens. They send a letter with the date and time of the interview. There is no other communication. Take care, Jason
I appreciate your thoughts about the current debate surrounding refugees from Gaza and the broader issues surrounding the Palestinian-Israeli conflict. Your concerns about the proposed bans and deportations are valid, and I agree that labeling pro-Palestinian foreign students as Hamas supporters is counterproductive and harmful.
You rightly noted that in times of war, there is often a tendency to polarize, leading to a narrowed perspective on many issues including this. I share your belief that such generalizations only hinder the possibility of constructive dialogue and peaceful resolution in the Middle East. Banning all Palestinians or all foreign students who support ceasefire and/or the Palestinian cause sends a message that undermines US ability to act as an honest mediator in the region. It’s crucial to recognize the diversity of opinions within any communities, including Palestinians (and Jews), and not paint them all with the same brush.
By endorsing student visa bans, we risk marginalizing ourselves and reducing our influence on global events. Furthermore, humanitarian efforts should always be guided by the principles of empathy and protection from persecution. Blocking refugees from Gaza (or West Bank) contradicts the very essence of asylum, which aims to provide protection to those facing persecution, such as Hamas opponents. Instead of excluding Palestinians, we should consider supporting those who oppose extremism and violence in Gaza, offering protection in the US when needed.
I also appreciate your reminder about the existing safeguards in our immigration system. The rules in place are designed to prevent individuals associated with terrorist organizations from entering the United States. Therefore, additional blanket bans might be unnecessary and may only serve to fuel political agendas rather than address genuine security concerns.
Thank you for shedding light on these critical issues and for advocating for a more nuanced approach to the conflict. Together, Americans must strive for understanding, empathy, and dialogue between Jews and Arabs.
On a separate note, I condemn antisemitism, bigotry and hate speech of all kinds toward Jews. That antisemitism is on the rise amid the ongoing Israel-Hamas war is painful. Specifically, the recent violent riot in Dagestan of Russia and growing antisemitic vandalism in the US and Europe is utterly unacceptable and sickening (Many years ago I was in a Jewish community in that region and befriended with many). On the other hand, any criticism of the current war seen as antisemitic is disturbing. Thousands of Jews in the US have called for an immediate end to the war. Many hundreds of Jews were sadly arrested during a sit-in at the US Congress. Probably, many more Jews back the Israeli government’s response to the attacks. Everybody here has a right to express their views whether pro-peace, pro-war, orthodox, liberal, non-extremist, divergent ones in a peaceful way. My view: it is time for a pause in the conflict.
Well said – I do think one can call for a cease fire and call for a Palestinian state without being antisemitic. One part of the issue in the current debate is that certain Jewish organization have tried to paint all supporters of Palestine as antisemitic, and this is obviously factually wrong, but it has pushed us into an absurd all-or-nothing position, which is the opposite of what we need now. By the same token, supporters of Palestine have generally failed to condemn Hamas, which is also utterly absurd, not just because Hamas murders and kidnaps children and grandmothers, but also because they kill Palestinians who do not support them. The rush to the extremes on both sides is very dangerous and only adds fuel to the fire. Take care, Jason
Hi Jason, my sincere gratitude to you and your incredible support.
Initiating steps to sue the USCIS for delayed decision, I first started by contacting the asylum office and I got the following response.
“According to our service records, your case is under extended review and pending a final decision. We are unable to determine at this time when the review process for the application will be completed. Please be assured that we will make every effort to make a decision on your case as soon as possible.”
I am confused about their response and not sure how to interpret that.
My questions are: 1. Is this a good response given that I had my interview 2 years ago and been waiting since then? 2. Assuming it is not a good response, shall I take the second step of contacting a senator/state representative now or do I have to wait a bit longer?
Thank you
This response simply means to ask you to sit tight and keep waiting ~ lol
1 – It is a standard response that they give to many people. I think basically it means that they will not give you a decision soon, but I guess you never know. 2 – I think you can contact your representative to inquire as well. There is no reason to wait. You can also talk to a lawyer who does mandamus cases, as they can best evaluate whether you should file the mandamus now or whether you should take additional steps before trying that. Take care, Jason
Hello Jason, I appreciate your valuable time and support for the asylum community. I have a specific question concerning “Matter of Orban.” I have applied for affirmative asylum application, but due to the significant backlog, I’m keen to explore alternative routes like the NIW EB-2 while my asylum is pending. However, my F-1 student status has expired, and I’m interested in hearing your perspective on the Matter of Orban criteria or if anyone within this group has successfully adjusted their status without leaving US after their legal status had lapsed . Since pending asylum application is not a legal status but persons legal status will eventually expire due to prolong backlog.
In summary, Matter of Orban says that those who filed affirmative I-589 while in status and later fell out of status are eligible for AOS, because their failure to maintain status is a TECHNICAL failure that may be excused. Matter of L-K- says that when USCIS sends the I-589 to an Immigration Court, the failure to maintain status is no longer a TECHNICAL failure and there is no Adjustment of Status.
I have not done such a case, but I have heard about people doing it. The relevant section of the INA is 245(k). It does seem to be unpredictable, like many other things with USCIS these days. Some cases seem to work; other cases get denied. I would find a lawyer who has done it before and try to get help from that person. Your Plan B can be to get Advance Parole so you can travel overseas and return, and then do consular processing. Possibly, AP will now be valid for 5 years, which will make this possibility much more realistic (we are not sure about the time frame for AP, since there was no USCIS announcement, but I have been hearing about people getting AP for 5 years). I wrote more about getting a GC through employment inside and outside the US on August 28, 2018 and September 6, 2018. I also wrote more about AP on September 11, 2017. Take care, Jason
Hi Jason I met a lady and she told me her situation and I’m asking question on her behalf, she is Pakistan Muslim girl and lived in Dubai, she met Indian Hindu men and married in Dubai, her family disowned her and she considered she left Islam by her family , her brother attacked her and tried to kill her, she flee to Dubai and got her visa from uae and now here in USA with husband and kid, does she qualify for asylum and does her case has a chances of approval?
Kindly share your opinion
Much thanks
She may qualify. Apostasy (changing religions) is illegal in Pakistan and people are subject to harm and murder by community members for this. It sounds to me like she would have a basis to claim asylum, but I do not know all the facts of the case, so it is difficult to say how strong the case is. She may want to discuss that with a lawyer before filing. Also, keep in mind that a person should file for asylum within one year of arriving in the United States. If they do not, the application can be denied as untimely. Take care, Jason
Hi Jason. I am a dependent on my husband asylum case that has been pending since October 2014. My father died two years ago, now my mother is very sick and I would like to go see her before anything happened to her. She is lives in a third country. I renewed my passport from our country to apply for advance parole. If approved, do you think I will have any problem coming back? Just want to add I entered without inspection first time coming in the country.
Thank you for everything
If you have a valid AP document, you should have no problem returning to the US. It is very difficult to expedite an AP case, but if you want to try, I did a post about expediting in general on January 29, 2020. Take care, Jason
Good morning Jason and thank you
I had my individual hearing in April of this year for Asylum and cancelation of removal. The prosecutor did not agree for either. The judge asked to come back end of June for a decision. Just 2 days before the decision hearing my attorney received a call from judge office and was informed that they are going to mail the decision. Since then my status was showing pending. Just checked my status this morning online and my case was put back on the calendrer next week for a hearing.
Is this common ? Do i still have hope?
I would certainly still have hope. The whole court system is a mess, and so what this means, I do not know. It may simply be that the judge plans to issue an oral decision. It could also be that more info is needed – if that is the case, the judge should tell you what is needed. Take care, Jason
Hi Jason ,
The issue is presidents make firm commitments to boldly address certain pressing issues and resolves when campaigning to increase their vote bank.
But when they are elected they are not even able to makes decision even on fraction of those commitments because there are so many drake holders not on board.
Biden is no different and made so many promises about immigration but when he got elected for the office and till date he left everyone in the limbo without any clear roadmap and without doing anything even worst then before.
I am not a fan of Trump or neither admire him but Trump has one good quality that when he intends to do something he makes a bold decision and make it happen.
Sam
“when he intends to do something he makes a bold decision and make it happen.”
I am not sure if you really want this kind of impulsive president lol.
I do think Biden did a lot on immigration – but it was to the benefit of new asylum seekers arriving at the border. It did not help asylum seekers with cases pending for years, who are still stuck in limbo. He also helped refugees coming to the US, people with TPS, and DACA people. So to me, it is a mixed bag. I would have preferred that he help long-waiting asylum seekers, since we have already committed to helping them, but we left them waiting forever. As for Trump, he said a lot of nasty things about immigrants, but his own agenda was largely blocked by incompetent implementation. So I do not think he made things happen; he mostly failed in his goals, which in his case is a good thing. Take care, Jason
I hope both asylum seekers and advocates give Biden credit where it’s due. He repealed some Trump policies and is more humane to asylum seekers. He is a good president and he deserves a 2nd term.
I think he is generally a good president, and certainly he will be better than Trump, who wants to destroy democracy. I don’t think he has done a great job for asylum seekers, and I would like to see bolder action from him. Maybe that will happen towards the end of his term or during a second term, when there is less to lose politically. Take care, Jason
Hello Attorney Jason,
Thanks so much for all you do for us. I ran away from persecution from my country and got into America without any visa. I later on applied for Asylum with USCIS. It’s been 140 days since I applied for Asylum. I am getting ready to apply for my EAD online. I have a question for you or for anyone who came in undocumented or without a visa.
1. What should I put as my immigration status when I entered. I think it’s question 25 of the online application.
2. What should I select as my current immigration status?
Thanks so much in advance for your help.
You must wait until 150 days pass – if not, your application could be rejected as too early. In terms of your questions: 1 – we normally put EWI, meaning entered without inspection, but if you were granted some type of parole, you can put that, 2 – Again, we usually put EWI, and that seems to work just fine. Take care, Jason
While that Biden administration 1st term is coming to end.Can you let us know Biden vs Trump administration asylum rules and policies.
I have a feeling that this administration is no much different than Trump in term of asylum,the thing I liked about it ,currently there is no longer a sort of wich hunt on immigrants in general,no ban etc but the overall picture is way negative than I believed.
Where are we now about the immigration reform bill that was proposed at the beginning of Biden term.
Why is LIFO still in place up-to-date
Maybe he ll change thing in 2nd term but hope is not so high about it
I think the Biden Administration has largely failed to help affirmative asylum seekers and their policies regarding Immigration Court have been chaotic, at best. However, I think their intention is to make the system functional. I am just not sure that this is possible. The Trump Administration, on the other hand, demonizes noncitizens and especially noncitizens of color or Muslims, and then does whatever it can to block them or harm them. I suspect a second Trump term will be worse than the first term, mostly because during the first term, Trump’s people were too incompetent to make a lot of progress towards their goals, but in a second term, they might be better prepared. Take care, Jason
Hello how are you. My green card file is waiting for 30 days after a letter like this. Case Was Updated To Show Fingerprints Were Taken? Thank you for answer.
I am not sure what the question is, or if you are looking for an answer from Asylum guy or me. Take care, Jason