Welcome to 2024! What better way to start off the New Year than with some predictions!
Just so you know, if some of these prognostications seem a bit negative, there is no need to worry: My success rate with prophesying is quite low, and so hopefully, I will be wrong. With that disclaimer out of the way, let’s get started. And remember, if any of these predictions happen to come true, you heard it here first!
The Immigration Court Backlog: According to TRAC Immigration, the Immigration Court backlog grew from 2 million people in November 2022 to more than 3 million people in December 2023. That’s about 1 million additional cases added to the backlog in just over a year. This means that on average, each Immigration Judge (IJ) in the United States is now responsible for about 4,500 cases. Assuming that case loads continue to grow at a consistent rate, EOIR would need to hire at least 220 new judges, just to maintain the 4,500 cases per IJ ratio. However, the FY2024 budget only provides for 150 new judges. Thus, unless something changes in terms of caseload growth, 2024 will see larger backlogs and increasing delays in Immigration Court. Also, since IJs will have so little time per case, we can probably expect lower quality decisions. Finally, the government will probably continue to rely on prosecutorial discretion to try to reduce the number of pending cases, and so PD should remain an option through 2024.
The Asylum Office Backlog: The backlog of cases at our country’s Asylum Offices has also been growing at an unprecedented rate. In September 2022, there were about 543,000 pending cases. By September 2023, there were more than 1 million pending cases. Keep in mind that these are cases; not people, and some cases contain more than one person (spouse and children). One challenge at the Asylum Office is hiring and retaining staff. As of September 2023, only 760 out of 1,028 Asylum Officer (AO) positions were filled. Another challenge is that AOs must prioritize credible fear interviews (initial evaluations of asylum eligibility at the border) over “regular” affirmative cases, and as long as the U.S.-Mexico border remains busy, it will be difficult for AOs to focus on pending asylum applications. The FY2024 budget provides for a handful of additional AO positions, but unless the agency can actually hire people to fill those positions (and retain their employees over time), we can expect the backlog to keep growing in 2024, particularly if the situation at the border does not ease up. On the other hand, the Asylum Offices had been giving priority to certain cases from Afghanistan, and now that most of those cases should be completed, they may have some extra capacity. We shall see, but overall, I still expect few asylum interviews or decisions, except perhaps for those applicants who file mandamus lawsuits to force the Asylum Offices to complete their cases.
The Border: Unless there are significant changes to the law, I doubt we will see any reduction in the number of people arriving at the U.S.-Mexico border. By “significant changes,” I mean new laws passed by Congress to either (1) limit who is eligible for asylum or (2) provide significant additional resources to process asylum cases. Given the mood of the nation, I think option #2 is a non-starter. Option #1 also seems unlikely, given that some Democrats do not want to limit asylum and Republicans benefit politically from continued chaos at the border. In other words, I doubt there is a political coalition capable of passing a new law to ameliorate the situation at the border. If that is correct, we can expect record-high numbers of migrants to continue coming to the U.S., with all the attendant effects on backlogs at the Asylum Office and in Immigration Court.
International Migration: There seemed to be a theory within the Biden Administration that if we create alternate pathways for asylum seekers from the biggest source countries, we we will satisfy the existing need to migrate and we will reduce pressure on the Southern border. This is the idea behind the parole program for nationals of Venezuela, Cuba, Haiti, and Nicaragua, which allows 30,000 people per month to come to the United States. However, as I see it, if more people come here, more people will want to come here. It is effectively impossible to satisfy the demand of migrants to come to the United States. In 2024, I only expect this demand to increase, given the problems of climate change, war, and poverty. Unless Congress and the President take some concrete action, the border will remain a political and policy challenge in the year to come.
The Election: Speaking of politics, 2024 is an election year. I’m not going to predict the outcome, but it is apparent that immigration in general, and the border in particular, will be issues in the 2024 election. If Donald Trump and the Republicans win, non-citizens–and democracy itself–will be in grave danger. Unfortunately, advocates for immigrants seem not to grasp our precarious situation. They continue to call for more expansive and open asylum policies, which seems to me completely out of step with the nation’s electorate. This is nothing new; for years, asylum eligibility has been expanding through litigation, and this has led to a widening disconnect between our immigration policies and public sentiment. The inevitable result was a backlash, which helped elect Mr. Trump in 2016 and may very well return him to office later this year. I think a better approach would be to impose some restrictions at the border in exchange for helping those millions of people whose cases are already pending. While I do not know whether immigration advocates will move in this direction, I hope they will recognize that defeating MAGA extremists needs to be the primary goal for us all, and this may require difficult compromises.
Refugee Travel Document: Let’s end with a positive prediction. I expect that after 15+ years of effort (and yes, that is literally 15+ years; I am not exaggerating), USCIS will finally amend its regulations to increase the validity period of the Refugee Travel Document. Supposedly, agency employees have been trying to tack on the RTD extension to other proposed regulations, and call me an unbridled optimist if you must, but I think 2024 will be their year.
So there it is. I wish you a happy, healthy, and immigration-reformy 2024!
Hi Jason, when is a good time to follow up with USCIS after RFE was sent? It has been almost 2 months for me and still nothing. How long does it take to get response normally after RFE was sent?
It varies – it used to be pretty fast, but lately, I feel like decisions after we respond to the RFE take longer. I would check the processing time for the form at http://www.uscis.gov and you can also check when you are permitted to make an inquiry (not that you have to follow this rule, but USCIS is even less likely to respond if you try to inquire before they permit the inquiry). Take care, Jason
Hi Jason, thank you for this great platform that really helps immigrants navigate their journey in the US. We have a pending asylum case since 02/2017 it is has been almost 8 years and we haven’t received any interviews yet. It is not easy on us being on this long days, months, and years of wait for the next step for an interview. We are at Arlington office and don’t know what to do to get an interview m. A lawyer who is not our lawyer advised us to do mandamas but our lawyer said it is better not. Our kids are growing and in need of a better immigration status for their university education, besides the questions that they ask, please advise from your great experience. Thanks
I did a post about expediting on March 23, 2022. You can try those ideas – we recently had a case where Arlington agreed to an expedited interview, and so it is worth a try. However, most expedite requests are denied. If that happens, you can try a mandamus lawsuit. Some of our clients do them, and they get the person an interview. In my experience, the asylum offices do not “retaliate” against mandamus cases by denying them, and most of our clients who do mandamus cases receive asylum. I would try to find out why your lawyer does not want to do a mandamus, as I think it is the only way for most people to get an interview. Take care, Jason
Hello Jason, I also do appreciate this platform. I also need some clarifications as an asylum seeker.
I came to the USA August 16 2021 and I filed my asylum case in February 2022. My court date is on January 13, 2025. However, the attorney I hired who took me through all these steps, without a warning, told me he was resigning from practicing law due to personal reasons. This happened a day after I finished paying him off of the debt he charged me from when I hired him which was $5000. This $5000 was to lead me through all the process until the end which is being in court with him as my representative. When he gave back my file he told me that he did at least 90% of the services he was expected to but just not representing me in court. After this he then gave me my whole file so that I would be able to hire another lawyer in which he suggested 3 of his colleagues. I met with one of the suggested lawyers and I am being charged the exact amount of $5000 in which I will be expected to pay if I hire this lawyer a total of $10,000. I then googled maximum legal fees and services for lawyers towards asylum seekers in the state of Oregon and the highest amount is $7800.
My question is, how do I deal with this situation having to be charged twice as much? Maybe I am wrong but I would like to know how ethical this is that without a warning a lawyer will decide to stop helping his clients and disregard the original agreement? Also is it ethical that this lawyer is charging me another $5000 even though the process is almost half-way done?
You will have to look at the contract you had with that lawyer. For most flat-fee contracts (and it sounds like your contract is flat fee), you pay the lawyer money (here, $5000) and that money goes into an escrow account. An escrow account is an account where lawyers are required to keep money that is not yet earned, so even though the money is in an account controlled by the lawyer, it is not yet his money. For every hour the lawyer works, he can “draw down” the escrow account by the amount he earns in one hour. So for example, my hourly fee is $300 per hour. So if I work 5 hours, I can draw down $1500 (5 hours X $300). This means I move $1500 from the escrow account to my operating account, where the money is now mine and now the clients. So if you paid me $5000 and I worked 5 hours on the case, and then I retired from practicing law, I would keep $1500 and return the remainder ($3500) to you. In your case, you can ask the lawyer for an accounting – he must show you exactly what he did, how long each task took, and what the total time was that he spent on the case. If he earned the $5000 by doing legitimate tasks towards your case, you would not be entitled to a refund (probably – again, it would depend on the specifics of the contract). However, those tasks need to be legitimate and he should be able to show you his work product. Ultimately, if you feel he is ripping you off, you can go to the state bar association (an organization that monitors lawyers) and complain (though they are generally pretty useless, a threat to go to the bar association can be an effective way to get a bigger refund) or you can file a lawsuit against him. Hopefully, you can reach some type of accommodation and resolve the problem without doing any of that, as it is better to get whatever refund you can, and then move on – you need to focus on winning your case and not be too distracted by this unfortunate event. Take care, Jason
Hello JASON,
How many days will take to get interview result from the USCIS office? I done asylum interview last week. Thank you
It is entirely unpredictable. It can take days, months or years. If the delay is getting long (maybe a few months), you can contact them to ask about the case. I wrote about ideas for dealing with post interview delay on June 2, 2021, but it is too soon for that just yet. Take care, Jason
Hi Jason, as always first want to thank you for all you work and for your blog that has been enormous help for myself since I applied for asylum more than 8 years ago. I wanted to ask something. Seems like I just got approve for green card and it is ordered and will be in the mail soon. I am main applicant and my husband is derivative. He is not approved yet , instead they sent him a notice requests for evidence which we did not get yet. I am wondering what could that be they can ask ?
There is really no way to know until he gets the letter – it could be proof of the marriage, to show that he is still a derivative, but you will have to wait for the letter to know. Also, by the way, it is common for family members to apply at the same time and get their results at different times, so this is not really an uncommon situation. Take care, Jason
Thank you, Jason! It only took 9 months for them to process it – which was a surprise
Hi Alena,
How long did it take to receive your green card from the day you filed i-485 based on asylum granted? Thanks!
Hi Maya – about 9 months for me, I am main applicant. My husband has not received his. We only submitted his RFE
Hello Jason,
Thank you as always! My initial court date is a couple of weeks ahead. And it is expected to be online if I have a lawyer, or in-person, if not.
1. I have already married a citizen a year ago, and filed my I-130, which has not been approved yet.
2. Just recently, I got a 5 year extension of my asylum based EAD. I have not yet filed FORM 485 (for green card), or a marriage-based EAD.
3. I understand that on my court day I will notify the court of my marriage and request that my asylum application or case be dropped by the prosecutor.
Questions:
1. If the asylum case and application is dropped based on my marriage, won’t that automatically cancel my Asylum based EAD, which has just been extended to 5 years?
2. If yes, what do I do, so that I continue to have an EAD even while my application is case has been dropped?
3. I have missed my children a lot. They are in my country of persecution for the past 6 years and they cry always for my absence. Can I ask the court to issue me a travel permit the same time in court, or file the application before the court?
4. What is the likely cost of filing my green card application in court on that day of my case. Or, is it better to file to USCIS before the court date and present a copy to the court?
Thank you
1 – As I understand it, the law is not so clear about that, and there is nothing stopping you from using the EAD for as long as it is valid. 2 – If the case is dropped, you could file the I-485 and simultaneously apply for an EAD based on C-9 (marriage-based adjustment of status). You can also file form I-131 for Advance Parole, and you will get a “combo card” that serves as an EAD and a document to re-enter the US. 3 – The court cannot issue you a travel document. 4 – I doubt you can file the GC application on the same day. Since the court case is soob=n, maybe you want to prepare two copies of the I-130 packet you filed + any receipts you received. You and your spouse can go to court, give one packet to the judge and one to the DHS attorney (the prosecutor), and ask them to dismiss the case. Usually, they will not dismiss at least until the I-130 is approved, but you never know and it does not hurt to ask. If they dismiss, you can immediately file the I-485 and also apply for the combo card so you can travel. Do understand that dismissing the case does not erase the fact that you filed for asylum, and if you make a return trip to your country, it could cause the US government to think that the asylum case was fake, which would block you from getting a GC based on marriage (or in any other way). You should be prepared to explain why you returned and how you stayed safe. I wrote about this issue on January 6, 2016. Also, you might want to get a lawyer to help you through the process, especially if they will not agree to dismiss at the next court date; it can be complicated and having a lawyer may help. Take care, Jason
Dear jason
My green card based on asylum is approved and i should expect my green soon,
Also i married a US citizen last week.
What is your thoughts on this one, its been 8 years since i applied for asylum n finally my green card is approved.
Is there anyways even if i have my green card based on asylum, to get another green card based on my marriage. And. Get my passport faster
Thank you
I do not think you can get another GC based on marriage, and in any event, such cases are not all that fast. Once you get the GC based on asylum, it should be back-dated one year, and so you can apply for your citizenship 4 years and 9 months after the date listed on the card (which should be 3 years and 9 months after you get the GC, since it should be back-dated one year). Also, of course, you have to meet all other requirements to naturalize, but given that the asylee GC is back-dated one year, I do not think you would save yourself much time even if it were possible to switch to a marriage-based GC. Take care, Jason
Hi LOLO,
If you don’t mind can you please share when you applied for the GC and how long it takes to approve?
Thank you
Hi Lolo, Jason already responded, and I know you posted the question specifically to Jason. But ask yourself- would USCIS/EOIR allow a person to have two GCs at the same time? The answer is clearly no. While you can file two GC applications at the same, you can’t have to valid GCs at the same time.
All GCs are the same, regardless of how you got the GC. The idea that USCIS would give you a marriage based GC, having already adjusted your status to that of LPR, would mean that there are different classes/types of LPRs. The law does not view LPRs differently. All LPRs all the same in the eyes of the law. Just so you know, if you were to proceed with the marriage based GC, USCIS would deny your application and keep your money.
As a side note, as well, you already have a GC and you are able to freely leave the US and return. You may also petition for certain family members. I’d politely suggest that you exercise a little more patience and wait the extra year. I promise you, the time will come for you to file your N-400 application.
And before anyone comes for me, I know that based on how you adjust your status, the GC will show the code on the GC (“AS7” or “AS6”, for example). That’s just a notation on the card. It means nothing as for as the law is concerned.
As usual, this is a good point – filing for 2 GCs is likely to result in one application being rejected and USCIS keeping your money. Take care, Jason
Hi Jason,
I wanted to ask this question. I’m one year away from applying for citizenship. I obtained my green card based on derivative asylum but I divorced the principal. Is that going to cause an issue or delay during my Naturalization process? I read that some applicants with 10 year green cards through marriage get questioned during the Naturalization interview. Not sure about derivative Asylees.
Thank you,
You are required to provide your divorce documents during the Naturalization process, and so it is important to review those documents and make sure they are consistent with the timeline of events in your immigration case. For example, if the divorce documents indicate that the marriage ended before you got the GC, that creates an issue and you will be required to file a nunc pro tunc asylum application (this give you asylum as the principal and is basically a formality, but it will likely delay the case by years). Otherwise, if the timeline is ok, there should be no effect on your GC status and you should be able to naturalize normally. Take care, Jason
Thank you for your response, Jason.
The marriage ended 2 years after we were granted green cards. My understanding is that I will not have to provide evidences of the marriage again during the naturalization process, correct? Also, now that I’m not longer tied my my spouse’s case (she’s the principal). Am I still eligible for an RTD?
You are required to provide evidence of the divorce when you naturalize, so keep documentation about that. In terms of the RTD, I am not completely sure about that, but I would guess that you will still be eligible. You have proof of your asylum (the I-94 and the grant letter) and I think that will be enough. If you are not sure, maybe you can apply for a Re-Entry Permit instead – it is also form I-131, available at http://www.uscis.gov and it looks similar to a passport. Anyone with a GC is eligible for that. Take care, Jason
Hi Jason,
Hope you are doing well
I have a question when you go for your interview at USCIS with your case dependents the officer will only ask you questions or they can ask questions to your dependents as well
Regards
They can ask questions to your dependents, but normally, they only ask the “bar” questions – questions that bar you from asylum: Are you a criminal? Are you a terrorist? Etc. That said, the officer can ask the dependents more substantive questions, so they should be familiar with your case and should also be prepared to say that they do not know the answer, if they do not know (they generally only ask questions to adults, not children). Take care, Jason
Good afternoon Jason!
I have a question regarding the decision of initial interview. I had my initial hearing in august of 2023 and my officer had told me that the decision will be mailed to me. I haven been waiting since then for my decision and haven’t recieved it. I also expedited my decision and submitted expedite request at uscis last month. The supervisor told me that it will be mailed in two weeks. Its been one month of expediting but still haven received anything. Do you suggest anything on that? Any idea when will I receive my decision?
Regards
It was not hearing in court. It was my initial interview. My mistake
If this was at the asylum office, such delays are common, but you can email them to inquire – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason. My case is pending in Immigration Court. I had applied for my pending asylum EAD renewal in November 2022. Got a receipt in 2 weeks but nothing ever since. Is this a normal timeframe or should I be concerned?
Thanks
I think it is still the normal time frame, especially since you should have received the 540-day automatic extension. If you are getting close to the end of your extension, maybe check the I-765 processing time at http://www.uscis.gov to see if you are over the processing time. Take care, Jason
Hi Jason ,
I am filling for green card after asylum approval and I was arrested Illegally by police in my home country and kept in custody for a night. No charges were filed and I don’t have any documentation of that as it was illegal arrest.
On I485 form, there is question no 25, Have you ever arrested, cited, detained by any law enforcement not limited to US.
Should I answer yes to this question or should I answer no as there were no charges filed and I don’t have any documentation.
If I answer no, will there be an issue with my gc?
Please let me know.
Presumably, you told the asylum office or court about the illegal arrest, in which case, I think you need to answer question 25 as you think best (yes or no, depending on your interpretation – it does not really matter), circle the answer, and write “see cover letter.” In the cover letter, you can explain what happened and explain that you told the asylum officer or judge about the arrest. As long as you explain, you should be fine. Take care, Jason
Hi Jason,
FYI, after 7 years of waiting for my decision at San Francisco asylum office I have referred to San Francisco Immigration court back in January 2021 and when I tracked my case online the name of my Judge Howard Davis was there but what is strange to me since last week and after more than 2 years of waiting for my Individual hearing which is at Dec, 2024 the name of Judge Suddenly replaced with “Visiting Judge number 7” what is that? Did they change my Judge but they don’t want to tell to me who is this until last minute to my Individual hearing? Is this a new EOIR policy? Could you please enlighten me what is really going on in SF immigration court or let me know if it is a new countrywide policy and I really appreciated if anybody from this community recently had experienced the same and comfortable to share the experiences with us, Thank you all!
Thank you and have a blessed day!
Rex
This happens frequently, as they are always getting new judges and other judges leave, and so cases move around. Probably, your case is moving, but they do not yet have a new judge. Probably you will get a judge assigned eventually. It is also possible your court date will change – sometimes, it even gets sooner, so make sure you have all your evidence and you are ready in case things change. Take care, Jason
Good afternoon Mr Jason,
I filed for asylum affirmatively with uscis in jan 2023. Got my work permit in july 2023. after 184 days of clock. Applied it at 151 days. Fast forward today jan 8 i changed my address with uscis account change address online. I put my a number and z********89 asylum receipt number there to update my new address with uscis. Is this enough or do i need to inform asylum office ( los angeles) of change of address by sending letter. Will i get interview notice if i get in lets says 1 year 5 years etc to my new address. What if it comes to old address and i never receive it will i be deported. Btw i changed address under same asylum office jurisdiction ( LA) .
Since i already have work permit or ead since july 1023 asylum clock ended 6 months ago. Does asylum ead clock still exists while renewing ead . Will my work permit be denied or clock stopped while renewing ead or it does nt matter anymore. Thanks
Jason Hi,
I have my own question similar to this. I also have ead based on pending asylum. I changed my address. Do i also inform social security office of change of address or no. How do i tell ssa of change of address or i dont need it. I dont get any benefits from ssa
I have never heard of anyone informing the SS office about a change of address, and so I think that is not needed. I guess you can double check the Social Security website to be sure, but I highly doubt there is anything to do. Take care, Jason
Once you reach 180 days, moving has no effect on the EAD clock. If you submitted the online change of address with USCIS, that should be enough. If you want to email the asylum office also, you can do that – you can find their email if you follow the link under Resources called Asylum Office Locator. It should not be necessary, but there is no harm in doing it. Take care, Jason
Good morning Jason, Happy New Year to you and all.
Your blog is a huge help to us, we submitted our I693 RFE response for asylum-based GC to USCIS about 80 days ago today I submitted a service request because it passed 60 days with no response, my question is how much time USCIS will take to response for a service request? and will it make any progress towards getting a decision/approval for GC? I know it is unpredictable but just hoping to get a response soon.
Thank you
Hi,
After how many months/year you got the RFE? I am also waiting for the gc.
Hello Daso,
We applied in July 2022 and in September 2023 they asked for RFE I hope you will get it soon. Thanks
I do not know how long the service request takes, sorry. It used to be that when you sent in the I-693 after an RFE, you would usually get a decision in a few weeks or a couple months, but that does not seem to be the case any more, and so it is not surprising that you have already waited 80 days. I would not be surprised if it takes a few more months for a decision, but if you made a service request and you want to try something else, you can follow the link under Resources called USCIS Ombudsman’s Office and make an inquiry – they sometimes help with delayed cases. Take care, Jason
i got medical RFE 7 months ago and still got nothing so getting RFE for medical doesn’t mean you will get it any soon!!! i will sue the USCIS next week as i also applied in JULY 2022 i won’t wait forever for them!! the court will say their word!
Hey Jason, I see a lot of people passing their gratitudes to your unwavering support and for you to be one of the remaining beacon of hope in this long journey of (re)discovering life, at least for me. So thankful for this blog and your knowledge over the years! My case is still pending since 03/17 but I finally got approved as a derivative applicant through my wife’s case. Words can’t explain the state of relief I am feeling and I am just grateful for everyones support all along and for Gods providence as well.
My question for today is, I am in the process of filling out i485 for the both of us and the form has a question that asks “Have you EVER been a J nonimmigrant exchange visitor who was subject to the two-year foreign residence requirement?”. My wife was a J1 visa recipient with a 2 year foreign residence requirement. Unfortunately, because of life threatening issues she can not complete her service in our country and she immigrated before the 2 year ended. We didn’t know if there was a need to submit a waiver at the time of our Asylum application.
In conclusion, can you please let us know if this is going to result as an issue with our I-485 application? We are just praying for the day all this would be over – we saw the light of hope but this has become a new cause for stress for the both of us. As usual, any type of advice you can offer to us is much appreciated. God bless you!
If you have asylum or derivative asylum status, the two year home residency requirement is automatically waiver. That info is at the bottom of this paragraph: (b) Inadmissible alien. An applicant who is not admissible to the United States as described in 8 CFR 209.2(a)(1)(v), may, under section 209(c) of the Act, have the grounds of inadmissibility waived by USCIS except for those grounds under sections 212(a)(2)(C) and 212(a)(3)(A), (B), (C), or (E) of the Act for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest. An application for the waiver may be requested with the application for adjustment, in accordance with the form instructions. An applicant for adjustment under this part who has had the status of an exchange alien nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject to the foreign resident requirement of section 212(e) of the Act, shall be eligible for adjustment without regard to the foreign residence requirement if otherwise eligible for adjustment.
You can see that here: https://www.federalregister.gov/documents/2012/12/28/2012-31271/adjustment-of-status-of-refugees-and-aliens-granted-asylum
Take care, Jason
Hi mr jason. How are you.
My asylum case was approved. I applied for a green card. I just haven’t received any paperwork yet. Work permit has arrived. Can I travel to and from Canada with this?
You need either the green card or a Refugee Travel Document (form I-131, available at http://www.uscis.gov) to travel to Canada and return to the US. The receipts are not enough. Take care, Jason
Hi Jason,
A group of friends planning to have a month-long group driving trip from East Coast to West Coast, ending in Alaska. Four of our friends are pending asylum status, and some of them have US green cards. We learned that, to arrive in Alaska by land, we need to cross Canada.
The question is, do they need a Canada visa or travel document to travel by land? If they use a flight from Washington (WA) to Alaska (AL), do they require a travel document? This is because the airplane crosses the air border of Canada.
On an unrelated note, how about traveling to US territories like Puerto Rico and Guam? Do individuals with pending asylum status require some kind of document?
For asylum seekers, I would not travel by land to Canada unless they have Advance Parole to re-enter the US. I wrote about that on September 11, 2017. Otherwise, they could get detained on either side of the border. You can fly to Canada, as long as the flight does not stop in Canada (or any other country). In terms of PR or Guam, I would not go. There may be a customs inspection when you return from Guam, and so that could cause issues. PR was fine, but now I have heard about an asylum seeker getting detained on the way back to the mainland, so I no longer recommend that. Take care, Jason
If it were me, I would take a step further on top of @Jason’s advice and say I would never suggest an immigrant to travel overseas before they become a naturalized U.S. citizen. If you go outside, you run the risk of not being admitted by CBP, why take that (known) risk ? This is what I don’t understand, like you know you will have a risk of not admitted by CBP when you apply for admission, but you still try to go outside…like…what’s the point ?
If you are asylee you can travel with RTD and if you are green card holder you consider as a lawful permanent resident and you have a right to travel and return if you don’t violate the law and policy. Your opinion needs to have a correct basis and logical , otherwise it will bring fear to many people who does not know their right.
Jason , could you please advise for people who visit this website and whether you are agree with this comment ? Thank you
Well, you could also stay in your house all day and hide in your bed. I think it is ok to take reasonable risks, and if you have the proper documents to travel (Refugee Travel Document, Re-Entry Permit, Green Card, and/or Advance Parole) and those documents are valid, you can leave the US and return. I have had many clients do that, and no one has ever been refused entry. Take care, Jason
Hi Jason,
Do you know the details about the asylum seeker who was detained in Puerto Rico? Did their flight have to divert to different country by any chance?
Thank you!
No – the person was stopped leaving PR or arriving in the US. I do not recall the details, but I was surprised to hear it and as I recall, it did create immigration problems for the person. How serious or long lasting the problems were, I also do not remember, but since I heard about that, I am recommending that people do not go to PR unless they have a valid status here (such as asylum granted, GC or US citizenship). Take care, Jason
Hey Jason ,
2 days ago, i found this update on the court docket so can you please let me know if this a positive or negative thing to happen or it really doesn’t indicate anything bad or good? that’s regarding writ of mandamus case for my delayed GC after asylum approval and the case was in DC then USCIS asked motion to transfer to the district court where i live.
ORDER: the defendants are directed to SHOW CAUSE on or before Thursday, January 11, 2024, why the disregard of this Courts Order and subsequent delays should not result in the imposition of sanctions. Signed by Chief Judge xxxxxx on 01/01/2024. (SLG)
so i’m wondering why the judge asked for show clause of the defendants (USCIS) instead of issuing another 30/60 days’ timeframe to adjudicate my case?
any thoughts about that please?
It sounds like USCIS is in trouble for not responding to the court. Hopefully, the result will be that the judge will set a schedule for them to complete your case. Take care, Jason
Hi Jason,
After waiting almost more than eight years, my case is referred to an Immigration judge. Am very much disappointed. Do you know how long should I wait (approximately) for my hearing? It’s very frustrating.
Thanks as always, Jason
I am sorry for that. I did a post on March 7, 2018 about next steps. Wait times vary by judge, but these days, at least for most people I see, they tend to be 6 to 12 months. It is not like the long wait at the asylum office. Take care, Jason
Thanks a lot Jason.
Jason,
I do have a question. Since we are now GC holders, do you think that it will be OKAY to renew our home passports in Mexico (due to there is no Venezuelan Embassy in USA). So, it has been 8 years since my wife last seen their parents and sister, and we would like to travel to Colombia to meet them over there. Also, since our passports are expired, can we come back from Mexico using our green cards and an expired passport? I know that we have to apply for an entry and exit permit in Mexico, they issue that for Venezuelan only for passport renewals.
Thanks again for your time.
JJ
I did a post about this issue on May 25, 2022. For your wife, if she was a dependent on the asylum case, it is unlikely to have any negative effect. For whoever the principal asylum applicant, that person needs to be more careful, depending on what the case was about. At a minimum, the person should be prepared to explain why they got the passport and why the government was willing to give them a passport. Take care, Jason
So, under the Biden administration, the situation just became much worse. How could it happen???
Substantively, it is better, as the law has improved. Procedurally, it is a disaster, as many of the systems are overwhelmed and not functioning. Take care, Jason
Is it just me or somehow I feel that border crossers are being subtly blamed for backlog of asylum offices and EOIR ? Some people have to pass credible fear screening rather than people who can fortunately afford to attend visa interview, approved visa (a lot of times require funds proof which is not available to everybody seeking asylum) and international flight ticket…
I do not know if “blame” is the correct word, but obviously, many of the delays in the system are being caused by large numbers of asylum seekers arriving at the border and entering the system. There are other causes, but as I see it, that is the primary cause. Take care, Jason
Hmmm