Trigger Warning: This post contains a lot of curse words.
What’s the reason for the forthcoming salty language? It’s because we immigration lawyers work in a system that is utterly broken, and in order to make any progress at all for our clients, we need to hold our tongues and remain professional with our government colleagues.
Immigration Judges, court staff, DHS attorneys (the prosecutors in Immigration Court), USCIS officers, and Asylum Officers all have a lot of power over our clients’ lives. Losing our temper with these people rarely results in good outcomes for our clients, and so we attorneys must practice forbearance. We often can’t say what we are thinking for fear of jeopardizing our clients’ cases. But today, I propose to throw off the veil of civility and say what’s on my mind.
Let’s start with a relatively common scenario. We arrive for a court hearing, and the DHS attorney says that they do not have the file. When this happens, most judges will re-set the case for a different day.
What I say: Thank you, your Honor. I would just point out that the client has been waiting a long time for her case, and so we’d appreciate the soonest available date. After that, the judge usually gives us a date in the distant future.
What I am thinking: What the [expletive deleted]! DHS knew they didn’t have the [expletive deleted] file, so why the [expletive deleted] didn’t they tell me about this before I prepped the client for the [expletive deleted] case and drove all the way out to the [expletive deleted] court! Now we’ll have to update the [expletive deleted] country conditions and the entire case. What an [expletive deleted] waste of time!
OK. I know I promised to fill this post with potty words. But I feel bad putting impolite language into writing. Let’s try this another way. Instead of [expletive deleted], I will write *@&#!! and you can substitute the rudest, most disgusting word you can think of. With that in mind, let’s look at another example.
Bureaucrats are famous for passing the buck, including–and maybe especially–bureaucrats in the U.S. immigration system. Indeed, with notable exceptions, they have turned passing the buck into a form of high art. So when you ask the Asylum Office to do something, such as add a dependent to an existing case or issue a biometric appointment, they often respond by telling you to “contact USCIS.” They might as well tell you to pray to your favorite deity and ask for deliverance.
In a recent case, I attempted to add a spouse to a pending application. I followed the standard procedure (which works about 50% of the time) and mailed the required documents to the USCIS Service Center. When that failed, I contacted my local office by email. After my third email, they responded that I should “confirm with the Service Center that they have received the application” and that if I needed further assistance, I should “call the National Customer Service Center at 1-800-375-5283.”
What I emailed: The Service Center was not responsive, which is a common problem. Many lawyers have this problem and it has been ongoing for years. I would appreciate it if my email could be sent to a supervisor to see if the spouse can be added (in the past when we had this problem, [the Asylum Office] was able to assist)…. If there is anything I can do to facilitate the process, please let me know. Thank you, Jason
What I wanted to email: Are you mentally ill?! When is the last time the *@&#!! Service Center has ever responded to anyone? Adding a spouse to an existing case should be easy, but it has been a *@&#!! disaster for as long as I’ve been practicing law. How *@&#!! hard is it for you people to get a working system in place and then let us know how it works?! This is the same government that put a man on the *@&#!! moon, but it can’t add one person’s case to another. Un-be-*@&#!!-leavable.
Did *@&#!! work for you? Or is [expletive deleted] better? I’m not really sure. Anyway, here’s another example. This one happens all the time. The Immigration Court needs to schedule my client for a hearing, and so instead of asking for my availability, they simply schedule the hearing. In most cases, they choose a date when I have another case or some other obligation, and so I am forced to file a motion (a formal request with the court) for a new date.
What I write in the motion: The Court has scheduled this case on X date without checking my availability. I am not available on that date and time due to a previously scheduled hearing. See Exhibit A [court order showing my other case]. Accordingly, I respectfully request a different date. My list of available dates is below. Thank you for your consideration of this Motion.
What I want to write: The Court will be shocked–shocked!!–to learn that I represent more than one client. I also have a family and I sometimes need to spend time with them. Accordingly, it would have been nice if you had sent an email or called me to check my availability before assigning me a new date. On the other hand, why should your clerk spend two minutes of his precious time reaching out to me, when I can spend an hour or two writing a motion, repeatedly calling the Court to ask for a decision on the motion, and stressing out about whether the motion will even be granted. And of course, even if you do grant the motion, there is a good chance you will ignore my schedule (attached) and set the Court date for another day when I am not available, and then we can start this whole [expletive deleted] process over again.
Yes, for some reason I went back to [expletive deleted]. I don’t know why.
I could go on (and on, and on, and on), but I think that is enough for now. Maybe next time, I’ll let you know what we attorneys think of our clients…
Hi Jason,
I have applied for I 730 for my spouse and she’s already in USA. When I 730 got approved, does she also has to wait 1 year to apply for green card?
Hi Donna,
How long did the I-730 take to be processed? and How long did the consular process take? Please let me know. I just submitted the response for their RFE and I don’t want it to take longer.
She was already in US and I applied for I 730 while she wad already here. Still waiting to hear something from past 6 months. What you got in RFE?
I didn’t submit my adopted children’s birth certificates and final adoption paperwork. I submitted everything a few days ago
In the past, prior to February 2023, she would have had to wait one year after getting the I-730 approved. However, the rule changed and now she can wait a shorter period of time – most lawyers, including me, recommend waiting 6 months. I wrote about this with an explanation about when she can file on February 8, 2023. Take care, Jason
Hello Donna,
Were you an asylum seeker? and how did your spouse come to US? I am an asylum seeker and trying to figure out how my spouse can come (F1/B visa).
Thank you
Hi Good morning
i have a question about my friend
He changed for a shoplifting in Stop and shop with a value 600 $
Hi is a dependent Asylee and he applied for GC last year with a fingerprint was taken status,?
its the first time offense and he has a clean record
Does that will impact his GC and travel documents? He applied for RTD too last month with a Cass was received status online
Thanks
Hi Darda, Jason will respond soon. Take this silly advice from me- your friend should get a lawyer if she or he intends to file the I-485 application. A case like this is not one you go online looking for legal advice. In the immigration world, there is something called Crime Involving Moral Turpitude (“CIMT”), which is a vaguely defined term. Essentially, CIMT involves a depraved or immoral act/acts (an action(s) that a reasonable person would consider reprehensible). In some cases, a CIMT offense can bar you from adjusting your status, and in some cases, the person found guilty of the offense can be put in removal proceedings. Bear in mind also that even if the state you live in cleared your criminal record, or charged you for a crime that is less than the aggravated felony offense, does not mean that the CIMT offense will go away. This is because for the purpose of immigration, which is mostly federal, the US government will form their own opinion- taking into consideration the state’s decision- on whether or not you should adjust your status or removed from the country because of the shoplifting offense. To put it differently, while shoplifting is generally not an automatic felony offense- especially if it is only one offense and the sentence, even if suspended, is less than one year- for immigration purposes, it is. Thus, any person seeking to adjust his or her status or seeking to become a naturalized US citizen who was accused of a crime, such as shoplifting, should use a lawyer for the entire process.
The criminal issue could definitely impact his status in the US. I think he should make sure his criminal attorney is aware of his immigration status and that the criminal attorney can help with that. If not, he should hire an immigration attorney to assist with the process. Depending on the conviction, he could lose his status in the United States and even be ordered deported, so he needs to take the charge seriously. Addressing it at this stage is much better than waiting until later, and so I think he should make sure he has the legal help he needs now, as he goes through the process. Take care, Jason
Hi JASON and JAMIE
Thanks for your responds, I just called him after your answers and told him what exactly you said then he told me what happened in the court ( I thought he charged )
in his court he said before the arraignment, he got Dismissed prior to arraignment, and the attorney said this will never be in his record and won’t affect his employment and immigration
Is that right ?
Thanks
An arrest without a conviction should not affect the case, but he will need proof of the “disposition” (the court documents showing how the case ended), as the arrest will probably come up in the security background check and he needs to show that the case as dismissed. Take care, Jason
Jason & The Asylumist Community,
Happy Christmas and a New Year wish ahead to you all! My derivative family came here in the US a year ago. Few months letter I filed an amended tax return claiming a retroactive payments for three years. I heard many people did the claim and got the refund. Today the IRS sent me a mail requesting a verification document which affirms earned income… and an evidence that confirm the presence of my family during the claimed tax year. But, they just came this year. I don’t know What to do. Do you have any say on this?
Thanks,
Sambod
I do not know about this and you would have to talk to a tax professional. Hopefully, they can help you sort it out. Take care, Jason
Hello Jason,
I saw typograpical error on My daughter Employment Autorization card A05 Category. My question in order to correct the error do I need to send back orignal EAD or copy back to USCIS?
Thank you
USCIS has a website to correct typos (https://egov.uscis.gov/e-request/displayTypoForm.do?sroPageType=typoError&entryPoint=init). I think you do need to send in the card, but I am not completely sure. Anyway, you can complete the online form and see what USCIS advises. Take care, Jason
I am still recovering from trauma because of the experience I had in my country of origin. One of the side effects is that I couldn’t trust fully virtually anybody. I don’t know if other asylum seekers share the same feeling with me.
One thing I want to clarify is that, is attorney-client privilege really robust and strong ? I mean, if the IJ ordered an immigrant removed to their country of origin. And then that person becomes a fugitive, but that person doesn’t want to go back and ICE ERO decides to pursue them…if ICE or DOJ issues subpoenas to immigration attorneys that represented this immigrant in immigration court…requesting information about this immigrant whereabouts and other information…I’d actually be worried since it will increase the chance that this immigrant will be captured, detained and eventually removed to harm’s way…I’d imagine if ICE or DOJ really does subpoena an immigration lawyer requesting information of their clients…that immigration lawyer will have no choice but to comply with the subpoena, right ? This makes me worried…
@Jason, have you had any things like the above scenario happened to you ? Like a governmental agency/court attempt to have you produce some client’s file ?
Context of my question: https://www.sfchronicle.com/politics/article/ICE-subpoenas-immigration-lawyer-in-leak-hunt-13314928.php
I did not know about this case (though I do know the lawyer involved a bit). This is asking where he got a confidential government policy document, and is not related to any immigrant. I do not know how this case ended, but as far as I know, Dan is still not in jail…
That has never happened to me or anyone I have ever known or heard about, and it would not be permitted under current law. If we get a dictatorship, maybe. But short of that, I think there is nothing to worry about. Take care, Jason
Thanks Jason !
You rarely give something definite, but when you do, it gives me a lot of assurance 🙂
Hello Jason, i filed my asylum after 5 years in usa. membership or political opinion type of asylum claim . I had a weak and untimely case but based on events and circumstances of present that not affect me but our community as a whole can this be added as new evidence and new claim of asylum ( changed circumstances ). Or at least can we ask immigration judge to close or give pd so work permit can be renewed indefinitely while case is on hold. Is it hard to get pd in chicago immigration court.
If country conditions have changed or conditions for your community have changed, you can certainly add the new evidence to the case. Whether that can be used as a new basis for asylum (to overcome the one year bar, for example), I am not sure. I do not know how much guidance you can find in the case law on that point – usually, there is not so much case law and that is why a lot about immigration is uncertain. If you have a stronger or more sympathetic case, it might increase the chances for PD. If you can get admin closure, you can continue to renew the work permit, but most judges do not do that – they prefer dismissal (in which case you could file again for asylum, though that could land you right back in immigration court, depending on the case). Anyway, you certain should add the new evidence to your case, and you can try for PD if that is what you want. Take care, Jason
Trump is denied ballot in Colorado ! Though he is appealing, I wish that the US Supreme Court could block Trump from general election ballot at least and not block him from primary ballot … I don’t like other GOP candidates as well …
What do you think of all this ? @Jason
I doubt he will be blocked in Colorado, but we will see. I do think he is a real danger to our country, and particularly to non-citizens who live here. I imagine I will have the happy task of writing about it as we approach the next election. Take care, Jason
I concur, because in addition to the points you just mentioned, he will still be able to mount a write-in campaign in Colorado even if he is denied ballot access. Hopefully there will be more attacking piece from you on certain other GOP candidate 🙂 e.g. someone whose names starts with an N 🙂
Hi Jason, a bank sued me for debt collection…would it impact my pending asylum case ?
It’s the credit card debt that I failed to pay off …
Unless there is a criminal issue, there should be no effect. Take care, Jason
Hi Jason,
My wife came to the US as a derivative asylee (follow-to-join) in October 2023.
My green card application, based on asylum, was approved in December 2023.
My question is if my wife can apply for green card now or she should wait for a year and then apply for a green card?
Thanks
It is up to her/you, but she no longer has to wait a year. Most lawyers, including me, recommend waiting 6 months. I wrote about this new rule on February 8, 2023 with an explanation about the wait times and the risks of filing early. Take care, Jason
Hi Jason,
I live in the US for the last 7 years with a pending asylum case. My wife and my son is living in my home country. My question is can I renew my passport so that I can meet my family in a third country. My attorney is keep telling me that it is not a good idea to renew my passport while I am on pending asylum. The second question I have is how secure is the advanced parole document for re-entry after traveling to a third country.
Thank you.
Paul
1 – You can do that, but it could affect the asylum case. Why would your home government issue a passport to someone it wants to persecute? Why would you use a passport from such a country? You should be prepared to answer these questions. If you fear harm from non-state actors (such as terrorists), it is pretty easy to answer these questions, but if you fear harm from the government, it it more difficult. I have had clients renew and use their passports when they fear harm from the government. Sometimes, this issue comes up; other times, it does not. As far as I know, none of my clients has lost an asylum case for this reason, but there is certainly a risk. Your lawyer knows your case best and so maybe it is worth a conversation with the lawyer to assess the level of risk, since it is obviously very difficult to be away from your family for so long. 2 – It is not always easy to get AP, but as long as you have it and it is valid, there should be no issue returning to the US. I wrote more about AP on September 11, 2017. Take care, Jason
ThanK you Jason,
I really appriciate your help.
Dear Jason,
Thank you for doing the great work for Immigrants. Lot of strength to you…
I came to US on B1B2 and applied for asylum within 6 months. My case is granted by judge in April of this year now I think it’s safe to apply for green card after 7-8 months.
I am filing myself and really appreciate if you can answer some questions for me.
In Part 8, general eligibility questions, it asked if you have ever worked without work authorization. I did work on fake papers. Should i mention yes to this?
Another one is have you ever violated the conditions of non immigrant visa? I did because i overstayed my visa but applied for asylum within 6 months.
Have you ever was in removal proceedings? My case was in court so i guess I should answer yes to this.
You can apply now – I wrote more about when you can file for a GC based on asylum on February 8, 2023. In terms of your questions, I think you need to mention that. It should not block you from a GC, but USCIS may want a waiver, which is a form where you ask forgiveness for the “sin” of working illegally. It is best to do that now, as the waiver is easy and free, but if you do it later, it is much more difficult. You can also mention about the overstay, though USCIS does not seem to care about this, at least in my experience (and it can be “cured” by the same waiver, so it is no problem). And yes, you were in removal proceedings; you should include a copy of the judge’s orde approving your case. Take care, Jason
Thank you Jadon for replying back. Is the waiver form is I-601? It shows the fee is $930 to file I-601.
Please let me know if that is different waiver form you’re talking about.
Thanks
It is a refugee waiver, which is under INA 209(c) (this is the section of the law). I think the form is the I-602 and there is no fee. Take care, Jason
Hi Jason,
I see it’s I 692 waiver. Should I just file with my I485 application or wait for USCIS if they asks for it?
What do you think is the best approach?
Thanks
Hi Jason,
I see it’s I 602 waiver. Should I just file with my I485 application or wait for USCIS if they asks for it?
What do you think is the best approach?
Thanks
I typically do not file it unless it is very obviously needed or if USCIS asks for it. However, since it is free, there is really no harm filing it and indicating that you are filing it in the event that USCIS thinks it is needed. Take care, Jason
Understand your fraustation. I am a old client (successful) of yours and have referred several clients to you (feel free to virtually tap my shoulders). I still read your posts religiously although it has now become irrelevant to me. You changed my life and I think you should find some time to tap your own shoulders for the positive things you have done for stranger souls. I am taking my few minutes to appreciate you. And I am sure you have A LOT to say about Judges and Asylum officers which I am sure will be public once you retire 😂
Thank you – I am sending a virtual pat on the back. It is important to take time to appreciate the successes we have, as that helps to keep us going (I have written about that now and again). I will say that for the most part, judges and asylum officers are respectful people who care about their work and try their best to do a good job. There are exceptions, but mostly, they are trying. The problem really is that the system is a disaster and it is difficult for human beings to operate within that system. It is also easier to hide behind bureaucracy and not take responsibility when things go wrong. I guess that is human nature. But when it comes to issuing decisions, they are mostly fair and well reasoned, so there are positive things about the system. Take care, Jason
Hey Jason,
Just want to say thank you for the amazing service you’ve been doing for immigrants.
Best
Thank you, Jason
Hello Jason
Hope you are doing well. I have couple of questions about my family Green card application.
1. My status is Asylee and applied Green card 10 months ago and still pending. My family came to USA five months ago with I 730 form. My question here is that possible to amend my application by adding them so that it save time for them? Is the one year physical presence mandatory for them too?
2.During their visa process they did medical examinations back home. Do they have to do it again here in US as part of their green card application?
1 – You cannot do that. Each person must make their own application for a GC. However, you no longer need to wait a year before applying. I wrote about that on February 8, 2023. 2 – I think they do, but they can apply without the medical exam, and if USCIS needs it, they will send a letter requesting it. Take care, Jason
Hi Abdan,
How long did the whole process take? Did your receive a request for evidence? How long did the consular processing take?
Our case is taking so long to be heard for an interview. Our mother is going through a major surgery.
We
Are thinking of going back to home country for that we need to renew our passports.
Do we just just go home country. I dont think we will coming back basically just have to leave the case. Will we face anything in the future. Will we have problems in the home country that we land ?
Unfortunately, this is the case for many people (there are not more than 1.1 million pending cases in the affirmative asylum system). If you leave, you should withdraw your asylum case after you go – I wrote about that on December 7, 2022. That may make it easier for you to return to the US one day if you ever want to do that. Whether you will have problems re-entering the home country, I have no idea. However, the asylum process is confidential, and so the US government would not have told your home government about it. Note that if you bring your work permit with you, that card does indicate category c-8, which means “asylum pending” and so if you are worried about the government seeing that card and learning that you filed for asylum, you should not take it with you. Take care, Jason
Hello jason,
as i mentioned earlier USCIS requested to transfer the writ of mandamus case to the state i live in as it was filled in different state and yesterday i got these updates:
December 14, 2023,Filing 14 CASE TRANSFERRED IN from District of xxxxxxx. Case numbe rxxxxxx. Original file, certified copy of transfer order and docket sheet received.
December 14, 2023 Opinion or Order Filing xx ORDER granting #x Consent MOTION to Transfer Case. Signed by Judge xxxxxxx in 12/12/2023. (bw5s, Deputy Clerk) [Transferred from xxxxxx on 12/12/2023.]
now my question please as i got a new case number in the state where i live do you think the judge will give them another 60 days to give me a decision or the judge will see that they already got these 60 days before and in the last 5 days of the deadline period they asked to transfer the case so the judge might give them like another 2-3 weeks only to adjudicate my case or most likely the judge will start another 60 days again ??
i mean nothing is guaranteed i know but i want to listen to to your opinion please?
Thanks in advance
I really have no idea. It depends on what the government attorney and your attorney negotiate, but my guess is that the process of reaching an agreement will take some time, especially given that we are in the holiday season when things are slow. I would not expect this to be a very long wait, but whether it is a 10 days or 30 or 60, I do not know. Take care, Jason
Hey Jason,
Any updates whether RTD validity for asylee also increased to 5 years?
Thanks!
USCIS is aware of the problem. Supposedly, internally at USCIS, they are trying to attach this provision to another regulatory change, so they can extend the validity period of the RTD. Whether they are making any progress, I do not know. I also do not know whether the new RTD will be 5 years or some other period of time. Take care, Jason
Hi Jason, I have a question.
I’ve been waiting for my decision for almost 1.5 years, and recently checked with the asylum office, they said a supervisor reviewed it, but after a month they told me that the case went under the secondary background check, would you explain it to me why a case will undergo a secondary inspection/ background check please?
The background check process is opaque and I do not know a lot about it. But my understanding is that it could be many different things. Maybe your name is similar to a bad guy’s name, or you somehow crossed paths with a bad guy, or maybe there is some discrepancy in your documents or an old visa application, or maybe it is related to something you told them. It might also be that you were living in a place that they believe was controlled by a terrorist group and they want to make sure you were not involved in the group. Or maybe it is nothing at all. I did a post about ideas for getting a decision – on June 2, 2021. If you have tried those ideas, you might consider a mandamus lawsuit to force them to issue a decision – we wrote about that on October 2, 2018. Everything is super slow these days, and so your delay is (unfortunately) not surprising, but maybe keep following up and hopefully, they will get you a positive decision soon. Take care, Jason
Hello Jason,
Could you please tell me if one can respond to RFE online? I received REF for my I -730 and I only have 3 days remaining but my lawyer keeps telling me that the paperwork will get to USCIS on time. I am scarred to death. What would you do in a situation like this?
I have responded online (for a case that was filed by paper) and it seemed to be fine. As of today, however, the online USCIS system seems to be having problems. Maybe log in and see if there is a way to upload evidence to your case. If that works, there is no reason why you should not file online (though I would print out proof that you filed, given that the online system seems to be messed up). Take care, Jason
Hi Jason. I am Asylee and GC holder and my kids got GC on my behalf.My daughter is 21 y plus and she want to marry with a person from my home country. she will travel to my home country and they will marry. Both are student. After coming back she will apply i130 for him. My question is that booth are student. It will not effect GC? or she has to do some work to show financial support for him? or what else?
It seems like that should be fine. If your asylum case indicated that your daughter faces danger in the home country, she should be prepared to explain why she returned and how she stayed safe, but in general, dependents can return to the home country with no problem. She can file the I-130 normally. When it comes time to consular process, she will need to complete form I-864 (affidavit of financial support) and if she does not have enough income, then another person (with a GC or a US citizen) will need to complete that form as a joint sponsor. Otherwise, it should be fine. Take care, Jason
🤔
Hi Jason, I recieved a new EAD card based on my new status (A05 granted Asyulm.) two months ago! The problem here is that I’ve never recived the approval letter for I485 case and Aslyum office is not responding to my emails and USCIS costmer service is also asking to follow up with Aslyum office which I did. Not sure what I do at this point!
Do you mean that you never received a copy of the asylum approval letter? Some asylum offices allow you to go in person to ask – for example, the Arlington, Virginia office allows walk-ins on Thursday mornings. Otherwise, I guess you can file a Freedom of Information Act request to get a copy of your file. Follow the link under Resources called FOIA USCIS. Sometimes the a-5 card is issued even when asylum is not yet approved, so that maybe that is possible too, though in that case, it usually means they are going to approve but the background check is not complete (or maybe there is some other type of delay with the final decision). Take care, Jason
Thanks Jason! I contacted my lawyer and asked if they have recived anything! My lawyer said they have receivd the approval letter and I-94 card two months ago, but Aslyum office said my case is still pending for final decison! The whole system is a like joke
If you have the approval letter and the I-94, that should be it; I am not sure what else could be pending. And yes, it is joke. Just not a very funny joke. Take care, Jason
Hi Jason,
I got my asylum approval from immigration judge in Chicago month ago, and since USCIS updated their policy about filing without waiting for one year, is there any downside of early filling to green card or better to file after being in asylum status for one year.
Thank you.
John
Most lawyers including me are recommending that you wait 6 months. The downside is that if USCIS processes the case before you have 1 year inside the US after winning asylum, they could deny the application and you would have to start over with the I-485 and pay a second time. I wrote more about this on February 8, 2023. Take care, Jason
%@%! Is way better than [deleted], makes it easy to read
I kind of like that one better as well. Take care, Jason