To win asylum, an applicant must show that he faces persecution on account of his race, religion, nationality, political opinion or particular social group. But what do you do when you face harm not based on a characteristic that you actually have, but instead, based on a characteristic that the persecutor thinks you have? This is called an “imputed” characteristic, and it can be a powerful path to winning asylum.
Here’s an example to illustrate the point. If the persecutor wants to harm you because he thinks you are a Democrat, you can get asylum, even if you are–in fact–a Republican. In other words, the persecutor wants to harm you for a political opinion (being a Democrat), which the persecutor mistakenly imputes (gives) to you. Even though you are not actually a Democrat, you can still win asylum because the persecutor believes you are a Democrat and seeks to harm you for that reason. This is asylum based on imputed political opinion.
Asylum based on imputed characteristics is nothing new. In 1996, the Board of Immigration Appeals held that, “Although an applicant for asylum must demonstrate that harm has been or would be inflicted on account of one of the protected grounds specified in the ‘refugee’ definition [race, religion, nationality, political opinion or particular social group], persecution for ‘imputed’ reasons can satisfy that definition.” Matter of S-P-, 21 I&N Dec. 486 (BIA 1996). In that case, Sri Lanka soldiers detained the applicant because they believed he was a member of a terrorist organization called the Tamil Tigers. In fact, the applicant was not a member of the Tamil Tigers. Rather, he had been kidnapped by the Tigers and forced to work for them. The BIA found that the Sri Lankan government tortured the applicant based on its incorrect belief that he was a terrorist, and found that asylum should be granted based on the applicant’s imputed political opinion.
In my practice, we often rely on “imputed” characteristics as a basis for our asylum claims. For example, I represent many asylum seekers from Afghanistan. They are almost all Muslim. However, in the eyes of the bad guys (the Taliban), my clients are not Muslim because they do not practice Islam in the same way as the Taliban. As a result, the Taliban view my clients as infidels. Put another way, the Taliban “impute” a religion (infidel) onto my clients and then seek to persecute my clients for this reason. In my legal briefs for these cases, I explain that my clients are seeking asylum based on their imputed religion–i.e., infidel.
Here’s another example. It is a bit more subtle, but it’s also relatively common. A woman’s family seeks to harm her for being independent and not following tradition. Maybe she refused to marry in accordance with her family’s wishes. Maybe she obtained an education or traveled abroad against the will of her family or community. Such cases can sometimes be viewed in religious terms–the woman’s family members view her as an infidel for failing to comply with their religious norms. The case might also be viewed as political–the family or community views the asylum applicant as a “Westernized” woman–someone who has adopted Western values. In that case, they might seek to persecute her for her imputed political opinion, i.e., that she is seen as a person who thinks women can make their own decisions and live independently.
In this example, the woman might have trouble qualifying for asylum if her only claim is that the persecutor wants to harm her on account of her behavior. Being an “independent woman” or acting like a “Western” person are generally not strong bases for asylum. That’s because they do not easily fit within one of the five protected categories (race, religion, nationality, political opinion or particular social group). By shifting the narrative and requesting asylum based on an imputed political opinion (the persecutor believes that the asylum seeker is “Westernized”), it is easier to fit the case into the legal framework for asylum. The difference is subtle, but it can be crucial.
Finally, it is important to note that all types of characteristics can be imputed to asylum seekers. I did a case where an Egyptian man had a hormone deficiency that made him appear feminine. People in his community assumed he was gay and threatened him, and he was able to win protection based on “imputed homosexuality.” A person could face harm because the persecutor thinks he belongs to a certain family or tribe, even though he does not. Or perhaps the persecutor believes the asylum applicant exposed corruption, when in fact, she did not. I’ve also done cases where the persecutors believed the applicant was involved in witchcraft or was possessed by a demon. All of these imputed characteristics can form the basis for an asylum claim.
When presenting an asylum case, the reason why you face persecution is important. Unless you fear harm on account of one of the protected grounds–race, religion, nationality, political opinion or particular social group–you will not qualify for asylum. In formulating the basis for your claim, don’t forget to think about whether the persecutor seeks to harm you for a reason that they have imputed to you. If so, presenting the “imputed” claim can be a powerful tool for obtaining asylum in the United States.
Hi Jason.
Thanks for helping everyone.
I have a question, my affirmative asylum case is pending since 2017. But on my way I find love and get married. My wife is ready to do the petition for me, at the same time my working permit is about to expire. My question is: Should I renew my working permit based on my asylum case or based on the mariage?
It depends on the timing of the marriage case. From the time you file the marriage case (and assuming you request a work permit based on the marriage case), it takes probably 4 to 6 months to get the work permit (sometimes longer). If you file based on asylum, as long as you file before your old card expires, you will get an automatic extension when you get the receipt, and so you will not have any gaps in your ability to work. All this assumes that you are eligible to get your GC based on the marriage and if you are not sure, talk to a lawyer about that. Take care, Jason
Hello Jason and thank you for helping us. I have a question about the change of address. Given affirmative asylum applications take years to get scheduled for an interview, As an asylum applicant I may need to change my address several times because of my job or family matters. Per your experience, if an affirmative asylum application relocates between several asylum offices, is it going to be an issue? Is there any possibility that my application will get lost in between?
I think it will be ok. It is helpful to have a lawyer, as the lawyer and you both receive the interview notice. But as long as you do the change of address, you should be ok. You can also periodically check your “case status” at http://www.usics.gov to see whether there is any news. Unfortunately, at this time, you cannot add a paper-filed asylum case to the online USCIS system, but maybe that will change one day. Take care, Jason
Dear Jason,
Hope you’re doing well. I came to US through border and was going to ICE after every few months. Then I applied for asylum affirmatively because they didn’t submit my case to court and I for ead and ssn. When i went last time to ICE, they referred my case to court for master hearing in mArch 2024. I am in LA area and court is Santa ana. I want to change the address please let me how can i change the address and move case to SFO. Usually people have blue color paper after master hearing where you can put your new address but I don’t have anything. They jusy gave me white color letter saying hearing in March 2024. Please let me know how can i change address with court?
It is very frustrating that they sent you to court after you already filed affirmatively. You will need to re-file the I-589 in court and also file a motion to change venue to wherever you live now (you can only move the case to San Francisco if you live within that court’s jurisdiction). The form to file a change of address is the EOIR-33, but that by itself will probably not be enough – you also have to file the motion to move the case. The motion is just a formal letter with evidence (lease agreement, bills with your address, etc) of your current address, where you ask the court to move the case. Most courts also want you to admit whether the allegations in the Notice to Appear are true or false. This is a little complicated, and I strongly recommend you find a lawyer to help you, and do that as soon as possible, as you only have a couple months to get this done. Take care, Jason
CBS news projected trump’s win shortly after Iowa caucus began…That means trump is extremely popular among republican voters…and that to me indicates a large, substantial part of the country hates asylum seekers (and that includes people who will adjudicate my asylum claim…)…should I be afraid as a pending asylum seeker ?
His campaign is a threat to democracy and to asylum seekers, and so to the extent that we can help prevent his election, we should try. Take care, Jason
Can he also be a threat to GC holders based on asylum as we go through naturalization?
Maybe – if for example, they mandate interviews for all GC applicants (as they did before) and maybe make those interviews very burdensome. I doubt this group will be a priority for the next Trump Administration, but you never know. Take care, Jason
I need to find a better paying job. But I have learned, through my experience that employers tend to discriminate noncitizens. So I am gonna hide it until I-9…
But one other thing is, during the application and interview stage. I have an employment gap because of work authorization issue complications… How do I address that ? I have decided against reveal the real reason. But for those who have a gap because they are waiting for asylum renewal EAD…how were you able to find another job ?
I am worried that when I wake up on Nov 6th, 2024, Donald Trump/Nikki Haley ticket is elected…house and senate are all in republicans…and then when they come in power…they will appoint conservative justices and judges and immigration judges…restructuring EOIR and DHS…starting mass deportation…should I be worried like this…
Worrying is the pain before the wound. You can try to help prevent that from happening – I wrote about some ideas on August 25, 2020. Take care, Jason
Agree with you,
but I also want to add that an ounce of prevention is worth a pound of cure. Sometimes, I envision scenarios and think of what I can do to prevent that from happening, or when it does happen, what should I do to handle.
Like, if I am denied asylum at the office, what should I do to prepare my EOIR hearings, if I am ordered removal, what should I do to prepare my BIA appeal…things like that…and also the collateral effect of a removal order (that is finalized), like work authorization such and I always think of lenses in the worst case scenario, because things usually tend to get worse, things don’t go better. I am denied asylum in all levels and I have no other relief…
It has to be admitted that our immigration and asylum laws are very flawed and sometimes very unjust and sometimes people who are issued removal orders opt to stay instead of leave…So…I am thinking of a few questions.
1) I know it’s at present legally wrong to overstay a final order of removal. But when people with such removal order comes to you (I know these people exist), are you able to help them (like a motion to reopen such) ? Do you have liability concern ? (cause you are technically helping people who are not supposed to be here…right ? this also applies when people who are unlawfully present want your help to apply asylum for them)
2) Has there ever been people who lost asylum in all levels and have no other relief come to you ? and how do these people end up usually ? do they have a good outcome ?
1 – I actually don’t see that all that often, but when I do, it is usually because they think that some other path has opened to them – marriage to a US citizen for example. I review the case and tell them what I think, and if I think I can help. I do not have liability concerns, as I am explaining the law to them and exploring any legal options to correct their status. 2 – Rarely, but I have seen it. I explain the consequences of the situation as best as I can, but if I think there is nothing to be done, I give them my opinion and advice them that if they find another lawyer who says they can help, they are welcome to call me (at no cost) and tell me what the lawyer has advised. Either I will learn something new, which helps me, or I can evaluate whether that lawyer is trying to steal their money, which can help them. Take care, Jason
And when I check your article on Aug 25, 2020. You did express support for Biden/Harris, right ? lol, do you not count that as an endorsement ?
I mean I obviously support that lol…and hopefully you can do a similar article this cycle 🙂
I just have a lot of thoughts on the day of Iowa caucus…
I think Trump will do great damage to our democracy, and so yes, I will be voting for Biden. Take care, Jason
I think we should help this happen. Biden is a loser and mentally off president. He spent taxpayers money to cover the middle with blood and sent billions to Ukraine for nothing. Immigration system is further broken during his office. We should help people not to vote him. Let is make America great again!
Bye
Obviously, I disagree – Ukraine had to stand up to the invasion by a fascist (Putin) and Israel had to defend itself against Hamas, though that situation is more complicated than Ukraine (though of course, thousands of civilians are dying in Ukraine and Putin has kidnapped children there as well). Biden is actually doing a good job when you compare our economy to economies around the world. And Trump continues to make up lies about the election and is a great threat to our democracy. Unfortunately, Biden has done a poor job at the border, and Trump is exploiting that. Whether it will be enough for him to win the election, we shall see. Take care, Jason
Hi Jason,
I trust this message finds you in good health. I am a citizen of Afghanistan, currently residing in Istanbul, Turkey. My sister is a United States citizen, and you had previously facilitated her citizenship procedures.
I am reaching out to seek information on the “Family Reunification for Afghans” program, which my sister is interested in sponsoring me through. As outlined on the official website (https://www.state.gov/afghanistan-family-reunification/), U.S. citizens have the opportunity to bring their spouses, children, parents, siblings, and unmarried adult children to the United States.
Given your expertise in handling such matters, we are curious about the expected duration of this process. Understanding that timelines can vary, any insights or general information you could provide would be immensely helpful.
Thank you very much in advance for your time and assistance. We truly appreciate your expertise in this matter.
I have not done such a case, and so I do not know about the timeline. My understanding is that this system is not functioning well, or perhaps not functioning at all. I think she should look for a lawyer who has done such a case and consult with that person, as maybe it is possible to do this. If your sister is a US citizen, she can also file an immigration petition for you and your spouse and minor children. However, the wait time is maybe 12 or 14 years, so it is not a great option (you can Google “DOS visa bulletin” to see the wait time). Take care, Jason
Thank you for your reply. Appreciate it.
Hello Jason and Asylum family,
I have got my asylum approval 2 months ago, and applied to RTD in Chicago.
1.Does anyone know what is current process time?
2.I see that I can apply for GC without waiting for one year does anyone filed without waiting for one year and approved?
3.Friend of mine want to apply for asylum and is there anyone who got interview setup within 45 days?
Thanks,
John
The wait time on the USCIS is (I think) 17 months, but we are seeing most cases go faster than that – maybe 12 or 14 months. 2 – You can. I wrote more about that on February 8, 2023. Most lawyers, including me, recommend that people wait at least 6 months before applying for the GC, assuming you meet all other eligibility requirements. 3 – It is very rare. The last time we had a “fast” interview under LIFO was in May 2021, and so at least in my local asylum office (Virginia), we do not see fast interviews very often. Take care, Jason
Hello Jason and Asylum Family,
I am Asylee and applied for green card 8 months ago.
Also applied for RTD and visited Canada last week and rentered US safely witout any problem by land border.
Thank you Jason for all of you help.
JImmy
Thank you for sharing this. Take care, Jason
Dear Jimmy,
Thanks for sharing. Did you het Canadian visa on RTD or just went there without visa? Did they ask you anything unusual returning to US?
Please share I am also planning to go to Canada in 2 weeks and I got the visa on RTD.
Did you go to Canada with RTD only ? Did you need to get a visa since you still don’t have a green card ?
Hello Jason,
1.My family came to US six month ago as derivative asylee (I 730). they have I 94 card, social and work permit. when I check their I 94 status online it says “No record found for traveler”. does it has a problem. if so where shall I go to correct it? I was filing I-485 form for their green card and it askes the arrival and departure information.
2.on Part 3 of form I 485 it askes about “have you ever applied for an immigrant visa to obtain a permanent resident status at U.S embassy or U.S consulate abroad?”
Is it Yes or No based on their case?
3.As part of I 485 application, the instruction for medical examination says no need to submit the full form, if medical exam has done abroad, only the vaccine record part is needed. what do you recommend about it? and also your recommendation about submitting I 693 with I 485 or wait for RFE from USCIS?
Thank You,
1 – If you are checking the I-94 locator, I think it will not come up in this situation (I-730 dependent asylees). If they have evidence of their status, that should be enough for the GC application. 2 – While asylum is a permanent status, it is not a permanent resident status, and so I would guess that the answer is “no” unless they applied for a green card previously. To be safe, I might check “no”, circle the question, write “see cover letter,” and in the cover letter explain about the I-730 case and anything else that needs explaining. 3 – If the person already provided a medical exam, I would not include a medical exam now. I would just wait to see whether USCIS needs anything else. If they do, they will send a letter requesting what they need. Take care, Jason
Hi Jason,
I hope this message finds you well. I am currently in the process of applying for the adjustment of status (I-485) and have been granted asylum more than a year ago. I would like to seek clarification on whether I need to apply for the advance parole document or just the refugee travel document to travel while the I485 application is pending.
Thank you.
I have always applied for the RTD for my clients in this situation. USCIS might agree to issue AP, but then you would have to travel with your passport, which is not ideal, since you are an asylee. Whether it will be faster to get AP, I do not know, but the wait time for the RTD is something like 17 months. Take care, Jason
Hello Jason, hope you are doing well.
My asylum is approved and I applied for green card in May of 2023. I got travel document in August of 2023. Now my question is, I wanted to travel to UAE to meet my family. But UAE doesn’t accept the travel document. I have renewed my Pakistani passport in case of emergency if I have to use it. If I get the UAE visa on Pakistani passport, can I re-enter US on my travel document? My travel document will expire on August 9,2024. Do you think it’s a a risk traveling on your pakistani passport?
You will probably be fine to use the passport, and you can explain that the UAE does not accept the Refugee Travel Document. When you return to the US, use your travel document to re-enter. I wrote about asylees using their passports on May 25, 2022 and maybe that post would help, but in general, you should be prepared to explain why you used the passport, in case you are asked. Take care, Jason
I feel like this Senate-congress-WH talk on immigration for the sake of Ukraine $$ will either affect us negatively or postively. From my experience change has never brought us any good (remember when FIFO changed LIFO in 2018). I am waiting for interview for the last 8 years and I don’t Want to add another 10 years on it, what solution do I have at hand. What do you people think? If Ukrain start kicking Russian ass without US help then we are done as the status quo continues😎 Any thoughts?
The LIFO change had nothing to do with Congress. Now, if Congress changes the law and restricts the people coming to the border, it should help affirmative asylum seekers, since there will be more resources for their cases. On the other hand, Congress rarely gets anything done, and now it seems like we are looking at a potential government shut down, and so we will see if they make any changes related to immigration. I am not optimistic. Take care, Jason
Hi Jason,
Thank you for sharing your valuable information. I have a couple of questions. Is it possible for my US citizen sister to file a petition for me since I am a derivative in my husband’s affirmative asylum case? If so, how long does the approval process usually take? It’s been over six years of waiting for the interview, and the frustration is growing.
Best
Your US-citizen sister can file for you, but the wait time is very long – maybe 12 or 14 years. You can see that if you Google “DOS visa bulletin.” Also, when you are finally eligible to get a GC based on the sister, you will probably need to leave the US to do that, though there are exceptions to the rule. I wrote about that on August 28, 2018 and September 6, 2018, but you may want to talk to a lawyer about specifics to see whether it is worth it for her to file, maybe as a Plan B if asylum does not work out. Take care, Jason
Thank you very much, Jason. I appreciate your valuable advice!
Hi Jason,
I read in your 2024 predictions that you think this might be the year that RTDs durations are extended. Any timeline for when this could ebe announced? What duration are you hearing for the expiry dates ? 5 years? Also based on what? ANy articles resources about this development?
Thanks
I do not know, but I think 5 or 10 years. I know someone at USCIS and she told me that they are trying to add the RTD extension to some regulations that are being planned for this year. Take care, Jason
Hey Jason! Thank you for your blog and your kind regards to the readers!
I have an interview tomorrow on GC which I applied for based on marriage. But I forgot that I need to get med exam form. I didn’t submit it along with i130 and i489. What will be the outcome if I go to the interview without it? Do you think I can send it after? Also if I try to reschedule the interview, then what would be the approximate delay for Charleston, SC office?
Thank you for your support,
Thomas
I think at this point, you should go to the interview and apologize for not having the medical exam done. I guess it is possible that they would deny the case for lack of the medical exam, but more likely, they will give you a request for evidence to get the exam done in the next few weeks or months. I think if you are polite and apologetic, you will be fine. You might also mention this at the beginning of the interview and see if they want to delay the interview until you can get the exam done. Take care, Jason
Will do! Thank you!
hey jason,
i just got these updates from emma the USCIS customer service rep on the website so is that means i will be interviewed soon or it’s going to be waived or what? i feel like lost trying to understand.
Form I485 Application to Register Permanent Residence or Adjust Status is currently processing at the xxxxxxxxx ( my local field office ) FIELD OFFICE. Your interview has not been waived as of yet. As of now there is not a new interview date. Once USCIS has a new interview date USCIS will mail you a notice. As of now Form I485 Application to Register Permanent Residence or Adjust Status is not missing any information or documentation. The latest update on Form I485 Application to Register Permanent Residence or Adjust Status was on date 01-09-2024 the assigned officer was reviewing your case.
The meaning of their messages is a mystery to me. I do not think this tells you a whole lot about whether you will get an interview, but at least it sounds like something is happening with the case, so that is good news. Take care, Jason
but transferring the case to my local field office means most likely i will get interviewed?right? i heard that before but not sure about that info!!! i served in the army in the middle east and that was mentioned in the i-485 so i won’t be wondering if they will interview me just to ask me security questions like most of the folks who were scheduled for interview for GC based on asylum but do you think i need an attorney with me at the Gc interview if it happens?
just for your info i sued them so i’m worried the officer might give me hard time if i go alone cause i sued them or it has no relation to the mandamus case? I’ve nothing to get worried about do just in case do you think it’s better to let my attorney attend the interview with me? the only thing worries me that i didn’t tell my primary attorney that i sued the USCIS so i’m worried the officer put me in bad situation with my attorney if he/she mentions anything about the mandamus case or most likely the officer doesn’t even mention these things?
I do not know that you will get an interview, but it is certainly possible, as many people do. I doubt the mandamus would make them angry at you or that they would retaliate against you for that. However, if you are worried about it, there is no harm in bringing a lawyer with you to the interview (except I guess that you have to pay for that). Whether you bring a lawyer or not, I think you should tell your primary lawyer about the mandamus case, so everyone is on the same page – it would be bad if the lawyer were surprised by that, and it is better to tell the lawyer rather than have the mandamus as a surprise. Take care, Jason
Did you manage to get interview through Mandamus action? I’ve heard a lot of people try it but less and less succeed. Would love to hear about successful case.
At least for asylum cases, it seems that when people file mandamus lawsuits, they do get interviews, though sometimes it takes a while, depending on the asylum office. For other types of cases, I am not sure, as I have not had clients do mandamus lawsuits in other situations. Take care, Jason
I have been hearing that govt lawyers are becoming increasingly tough regarding mandamus lawsuits. They will now actually fight you in federal court rather than back down and settle for a interview time for the asylum applicant…I heard that if you haven’t waited long enough…your mandamus lawsuit prob won’t succeed…
I have not heard that, but I would not be surprised. Since USCIS consistently fails to do its job, more and more people are suing, and USCIS may not have the capacity to simply do all mandamus cases rather than fight the mandamus lawsuits. Unfortunately, the system is really not working and they need a better solution than only doing cases where the person has the money or ability to file a mandamus lawsuit. Take care, Jason
Hi ZIKA,
Could you please let us know when you applied for GC?
Hi Jason
My spouse’s I730 has been pending for 25 months and my I485 has been pending for 14 months. Is there a general rule of thumb on when I can file a mandamus?
Check the processing times at http://www.USCIS.gov to see if you are outside the normal processing times. If so, the first step is to make an inquiry with USCIS. If that does not help, try the USCIS Ombudsman (there is a link under Resources). If that also fails, then you can try a mandamus. Normally, you should not try a mandamus until you try to get the case resolved in the “normal” ways. Take care, Jason
Jason, this is great article. Just to be clear: if someone belongs to one religion and his belief to practice his religion is not liked by some particular political group of his religion. Is it considered as imputed character of that person who has different belief than those political group people?
It could be – maybe that political/religious group thinks people who do not practice their religion in the same way as the group are no longer members of the religion. The group may consider such people apostates or infidels. That is similar to the Taliban, who view other Muslims as infidels if those Muslims do not practice Islam in the same way as the Taliban, or if those Muslims engage in behavior that the Taliban do not like. Take care, Jason
Jason, thanks for your reply, my case is in Court for final hearing in Dallas TX. Can be my legal representative in TX court? Thank you.
Jason, thanks for your reply, my case is in Court for final hearing in Dallas TX. Can you be my legal representative in TX court? Thank you
I think you would be better off with a local lawyer, as they know the court and the judge. I would not be able to take a case in TX at this time. Take care, Jason
Thanks for reply.
Hi Jason,
I got my Greencard through asylum but my RTD application is still pending. Can I visit Canada without RTD, with only Greencard? Is there any risk going with Greencard?
Maybe someone else here knows about getting into Canada or you can check the Canadian embassy website, but you can return to the US with your green card; you do not need the RTD for that. Take care, Jason
Here based on what I have heard from experience of people in this website and other website but not 100% sure so you should ask from Canadian embassy because even in their website are not very clear on travel requirement by land :
If you are traveling by land green card would be enough ( some people reported that the border asked for passport or TD ) and some people reported they just checked the green card and nothing else . If you are traveling by plane you need a TD + green card .let me know if you find out
Checking if I am eligible for status change if I apply for tps and travel document so that I can go to Canada and come back
Am I eligible for status change via marriage since I came here with a crew visa?
I am not sure about that. I think if you have TPS and leave and re-enter, you will have a valid entry for purposes of getting your GC based on marriage. However, I am not certain, and I think it would be worthwhile to have a lawyer research this issue for you to be sure. Take care, Jason
One of many your great articles. Thank you, Jason!
What are the chances to win asylum for a lawyer, who was prosecuted by the government on the basis that he represented foreign investor in court and government wrongly thinks this lawyer is a traitor?
It sounds like a reasonable claim based on imputed political opinion. Sometimes, there can be a difficulty distinguishing a legitimate prosecution of a crime vs. persecution. If the lawyer committed a crime or helped the investor commit a crime, and if the prosecution is legitimate, the lawyer would likely not qualify for asylum. But if it is persecution or if the punishment is disproportionate, the lawyer may be able to obtain asylum on this basis. Take care, Jason