The long-awaited bipartisan border security bill has finally been released. The bill was negotiated by Senators Chris Murphy (D-CT), Kyrsten Sinema (I-AZ), and James Lankford (R-OK).
Before details of the bill were even released publicly, Donald Trump came out against it. His main objection seems to be a fear that the bill might improve conditions at the Southern border, which would potentially harm his chances for re-election. As a result of his opposition, many House Republicans–including Speaker Mike Johnson–have labeled the bill “dead on arrival.” It is even questionable whether the bill can pass the Senate. While the chances for passage seem low, the bill could still have an effect. If Republicans are seen as opposing reasonable border reform, it might just come back to haunt them in the upcoming election.
Politics aside, let’s discuss the provisions of the bill, and how it might affect asylum if it happens to become law.
The biggest single chunk of change for the border ($14.366 billion) goes to enforcement. That amount is divided between ICE (Immigration and Customs Enforcement) and CBP (Customs and Border Protection). This money will cover such costs as hiring more officers, more overtime, shelters for migrants, expanded capacity for detention and alternatives to detention, improved technology, drug interdiction, and transportation costs (i.e., deportation flights).
There is an additional $3.99 billion for USCIS to hire 4,338 Asylum Officers–which is more than five times as many officers as we have at the moment! The bill would also increase Asylum Officers’ pay, which should help with retaining officers, who have traditionally suffered from high turnover. In addition, the bill provides $440 million for more Immigration Judges.
The bill expands the use of Asylum Officers to conduct credible fear interviews (CFIs), which are initial evaluations of asylum eligibility, and which the bill renames “Protection Determinations.” These should be completed within 90 days of the migrant’s arrival. Immigrants who “fail” the CFI can request review by a new appellate body–the Protection Appellate Board, which consists of three Asylum Officers. If this Board upholds the negative Protection Determination, the person will be deported. The standard for a CFI is also being made more stringent, and certain bars to asylum will be applied. If, for example, the Asylum Officer determines that the migrant can safely relocate within the country of feared persecution, the CFI will be denied. During the 90-day Protection Determination period, the bill anticipates that most asylum seekers will be released and supervised under an “alternatives to detention” program.
As I read this bill, migrants who “pass” the credible fear interview will have their case reviewed by an Asylum Officer, who determines whether the person qualifies for asylum or some other relief, or should be removed from the United States. Currently, asylum determinations are usually made by Immigration Judges, who are generally more experienced, and so the new bill places significant additional responsibility on Asylum Officers.
The bill also caps the number of people who can enter the United States through the U.S.-Mexico border. If 4,000 people arrive at the border every day for seven days, DHS has the option to bar access to asylum and rapidly expel anyone apprehended between ports of entry. If 5,000 people arrive per day for seven days, or if 8,500 people arrive on any given day, DHS must implement this exclusion provision. Once implemented, the exclusion provision remains in effect for 90 to 270 days. How this will work in practical terms at the border (and whether the Mexican government will agree), we do not know.
In the spirit of bipartisan compromise, parts of the Senate bill are pro-immigrant. For example, people who receive a positive Protection Determination will get a work permit more quickly than the current 180-day waiting period. Each year for five years, the bill allows for an additional 32,000 Green Cards for family-based immigration and 18,000 for employment-based immigration. The bill maintains the president’s ability to parole migrants unto the United States for humanitarian reasons, provides for legal representation of unaccompanied minors, and gives additional assistance to certain people from Afghanistan.
The bill is largely targeted at the border, but how would it affect asylum seekers in the interior?
If passed, the bill would increase the number of Asylum Officers from the current level (about 760) to 4,338. That is a very significant increase–assuming, of course, that USCIS can hire, train, and retain new officers, which has long been a challenge. At the same time, the bill would increase Asylum Officers’ duties. Whether the end result will be more resources available to address the affirmative asylum backlog, we do not know. But with so many new officers, it seems likely that they could make a real dent in the backlog.
The increase in funding is less significant for Immigration Court, but if the new Asylum Officers take over responsibility for asylum cases at the border, they will free up judges’ time to work on other matters.
Overall, the bipartisan bill is a mixed bag. It should reduce the number of migrants eligible to seek asylum at the Southern border, and deport those who are ineligible more quickly. It also offers some limited improvements for certain immigrants and asylum seekers. Notably, the bill does nothing to assist Dreamers, a long-suffering population that is in desperate need of relief. Nor does it refine the out-dated definition of who is eligible for asylum. But I suppose as immigration bills go, this one is not bad–it could reduce chaos at the border while largely preserving our humanitarian asylum system. Whether it has any chance of becoming a law, we shall have to wait and see.
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Mayorkas is impeached. I hope this can show the asylum community (seekers and advocates) how much the empire can strike back if we give them any sort of leniency.
I want to call out a few here for not speaking enough against people who are against the asylum community, republicans and foreign persecutors. They need to be prosecuted and punished…and in some cases, execution is warranted in my opinion. Some kind of deterrence is needed, right ?
Democrats are just incompetent, but their intent doesn’t appear to be evil…so this is where reform and rectification…is … appropriate
Dear Jason,
What documents do I mail to renew my EAD?I came with B2-visitor visa and applied for asylum.Form1-765 ,Photo, $410 money order, copy of existing EAD.Is there anything else?
It depends on the case, and so you have to check the I-765 instructions, but at a minimum, you should include the form, fees, 2 photos, copy of old EAD (front and back), evidence of the asylum case (receipt, court order), and if you are a dependent, the marriage certificate or birth certificate to link yourself to the principal applicant. If you have criminal issues, you need to include evidence about that. Maybe there are other documents required, so double check the instructions. Take care, Jason
Hi Jason, is there any new news about people who are stuck in backlog ? Particularly those 2015-2017 people ? Last we heard that asylum office hired 80 new officers specifically to deal with the backlogged cases…how were/are they doing ? Any progress ? Cause I remember you said that once they are done with 2015 cases…they will proceed to 2016 and 2017 cases ? Have they finished their 2015 cases yet
I have not seen any data, and hopefully we will get some info soon (there is an asylum office meeting in March where we will hopefully learn something). In my local office (Virginia), we are seeing older cases interviewed. They are mostly Afghan, and they seem to be randomly plucked from the backlog without regard to when they were filed. Recently, they scheduled interviews for my clients from 2021, 2022, and 2013 (though we had asked to withdraw the 2013 case in 2015, but they failed to do that), and also from some other years (maybe 2015). Most were Afghans, but at least one was from another country. Also, last week when I was at the asylum office, I saw people from different countries. Finally, I will note that they are scheduling these cases with very little notice, and so there is little time to contact the client and prepare for the interview. Take care, Jason
Can I travel to Canada with travel document only?
Thank you Jason
I believe so, but I am not sure (also, I guess it depends what type of travel document you are referring to). I think the Canadian embassy website has info about the documents you need to travel to Canada, and so it would be worth checking there. Take care, Jason
Amy, if you want to visit Canada with your RTD (refugee travel document)- and I assuming you are referring to the RTD- you must get a Canadian visitor visa. If you are an LPR (you have a green card or have adjusted your status from asylee to LPR), you can travel with your RTD (and) your green card. If citizens of your COP don’t require a Canadian visitor visa to enter Canada, you can use your COP’s passport- and bring your green card just in case…
Good Morning Mr Jason. I pray that everything is well. I have a question regarding expedition for I-131.
If you meet the criteria set by USCIS itself but the latter keeps rejecting your request for expediting your travel document (I-131) application , is there any other avenue to explore in order to get this document in the timely manner ?”
Thank you so for your support 🙏 and have a good day
I am not sure, but maybe you can reach out to the USCIS Ombudsman Office (a link is under Resources). The problem with them is that they take too long to respond and so even if they can help, it will still be slow. You can also try your Congressperson. I suppose you could also file a mandamus lawsuit to try to force them to expedite, but you would have to talk to a lawyer who does such cases to see whether it is possible. Take care, Jason
mandamus for i-131??? don’t you think that too much Jason to pay $4300 to get a travel document ?? have you ever seen anyone suing the USCIS for a travel document? cause it’s usually for delayed green cards or delayed decision for N-400 after 3 months passes after the interview and no decision yet.
I have not seen that, but it may be an option. I would obviously try the other ways first. Take care, Jason
Hi, Jason
I am Anni, the girl with high-level paraplegia for 30 years. Do you know any lawyers or asylum officers in Los Angeles? My case is now in the third year, and no Chinese lawyers are willing to take it because they think the waiting time is too short. They believe it usually takes over 5 years before contacting the immigration office. However, my health cannot withstand this pressure, and I feel extremely uncomfortable. I am very scared. Can you please help me? Thank you.
I do not know a lawyer there, but I did a post with pro bono resources by state on September 22, 2016. Maybe that would help. If you are looking for a paid, private lawyer, you can try this website: http://www.ailalawyer.com. Take care, Jason
Hi Jason
Thank you for your response, I have a question, would you give me some suggestions. If I continue to write to USCIS asking to urging my case and they do not respond at all, and I have not waited for three years, would urging them be effective?
I think there is no harm in contacting them about the case. I did a post listing some ideas for expediting cases at the asylum office (on March 23, 2022) and with USCIS (January 29, 2020). If all else fails, you can try a mandamus lawsuit. Take care, Jason
Thank you, Jason
You need to write LA asylum office to expedite your interview. Uscis doesn’t handle asylum interviews.
Hello Jason, we submitted the rfe response 117 ago to USCIS for asylum based GC but still no response submitted case inquiry 2 times USCIS response that they are actively reviewing our application do you have any idea how ouch more time it takes to process?
@GC PENDING
i got my Gc approved 8 months after the RFE was received so be ready for a long wait.
Most cases seem to be 1.5 to 2 years, but it is not so predictable. If you are outside the “normal” processing time (which you ca check at http://www.uscis.gov) and you have already made 2 inquiries, maybe you want to try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. Take care, Jason
The Republicans have been out of control in demonizing asylum seekers. Is there are way the asylum community to fight back ? Like seriously, we need to punish them. They only answer to power and don’t seem to be capable of being reasoned with humanity and decency…
I wrote something about what asylum seekers can do to influence people’s opinions on March 28, 2018. Maybe that would be of interest. Take care, Jason
Hi Jason,
My case granted by IJ last week and my work permit expired on January this year and i have pending renewal also the 540 extended days receipt , my question is should i apply for a5 category or it will be adjusted automatically?, thank you so much.
You have to Google “post order instructions in immigration court” and follow those. Basically, you call USCIS, get an appointment, and they will give you new I-94, indicating asylum approved, and generate a new work permit. You can only do this if the IJ’s order is final, meaning that DHS has not reserved appeal (or appealed). The judge’s order itself (near the end) should indicate whether an appeal was reserved or waived, or you can ask your lawyer if you have one. If you cannot get an appointment, you can file for the work permit using form I-765, available at http://www.uscis.gov. The pending work permit will likely be denied (and they will keep the fee you paid), as you are no longer eligible for an asylum-pending work permit – you need an asylum-granted work permit. Take care, Jason
I sometimes hear that people with or even without a removal order, when they go to INS office to interview for marriage green card…then ICE will proceed to arrest the potential beneficiary…
I mean, I heard from credible source that this kind of incidents happened in the past…I wonder what could be done to prevent such incidents…like when a person with a removal order, they happen to have a US citizen spouse…they get married, filed i-130, approved, and then filed i-485…and then INS request a interview…how to make the decision whether to go or not to go ?
For people without a deport order or a criminal issue, that would be very unlikely. Take care, Jason
My Attorney said that they might be changing the date or the judge. Do you think that would be the case? What do you recommend me
That is certainly possible. Maybe if there is no date in a couple weeks, your lawyer can contact the court to ask. Take care, Jason
Hello Jason
I used to see my case hearing date on the system for court but starting from Friday it changed to pending and they removed my hearing date. Why is this happened to me? Any idea
Cases often get canceled and moved, so it may be that. You can call the court to ask. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello Jason,
Thank you once again. My court hearing is coming up very soon and it is stated as Internet-based. Can I ask the court to allow me attend the court in-person rather? Reason is that im now married to a citizen about a year ago and filed my I-130 over 7 months ago, yet it hasn’t been approved. How do I provide the court with paper evidence if the internet-based hearing is my only option please?
You should file a motion to continue the case, or reach out to DHS to try to get the case dismissed based on prosecutorial discretion. Whether the case is by Webex or in-person will not make any difference in terms of converting it to a marriage-based case. You should talk to a lawyer to see what is possible, as it may depend on the judge. If you feel you need to go in-person, you can file a motion to request an in-person hearing. Some judges allow that but some may not. Take care, Jason
Can I ask to be assigned to an immigration judge that has the same trait as me ? I feel that at least in this way, that immigration judge can better understand me and evaluate my eligibility given my context and situation, I don’t want to be randomly assigned to an immigration judge that may have personal, political bias against me, even though they are “supposed to” do their job objectively.
The process is random, and you cannot ask to be assigned to a particular judge. Take care, Jason
This randomness is annoying. Don’t you think so ?
Yep.
Was there any suggestion of extending the validity period of RTD to more than a year in this bill?
I did not see that in the bill, but it may be done administratively, which I think can happen if USCIS gets its act together. Take care, Jason
I want to ask a question:
If an asylum seeker (or a general immigrant), in their country of origin, was forced, and threatened to perform the act of harming or persecuting… should that person be disqualified from adjustment of status and naturalization or grant of any immigration benefits ?
On one hand, I think they really did do an atrocious act and should be punished, so maybe the disqualification makes sense ?
But on the other hand, in a lot of cases, if they refuses to do those atrocious acts…they themselves will be harmed and sometimes killed… it seems a bit … unfair … to disqualify them from immigration benefits for the acts they performed under duress ?
What’s the current status of law regarding this situation ? and what’s your take on these situations ?
I did a post about this on June 24, 2016 and maybe that would help. Take care, Jason
It has been 8 years and nothing has changed in this front…
whenever I think of this fact…I feel sad
Hi Jason,
Hope all is well with you.
Appreciate for your help.
I talked my lawyer about my case for motion ,which is pending for long time for master hearing .
My lawyer said I can’t request for motion because my master hearing is pending and motion is only for those case which already done master hearing and waiting for individual hearing, is it true what he said.If it is true what I can do to move may case from IC?
I look forward your reply.
Best
Jhampa
You can file a motion and include the pleadings (basically, tell the judge in the written motion everything that you would say orally at the Master Calendar Hearing), and then ask for an Individual Court date. Maybe not all judges will allow such written motions, and maybe the lawyer is speaking about the practice of a particular judge. But in my experience, you can file such a motion and I have never had a judge who did not allow that. Take care, Jason
Hi Jason,
Thank you for everything you doing for the asylum community, I have a question
I responded to a RFE base on i-730 application for my family the response was received since September 21 last year till now no answer from USCIS, according to USCIS the respond to RFE after 60 days, so why it take soo long for USCIS to respond to RFE.
Thanks
It is pretty common to see delays for I-730 petitions, even after you send in an RFE response. You can check the processing time for the form at http://www.uscis.gov, and if it is outside the processing time, you can make an inquiry. If it is still within the processing time, you can try to expedite – I wrote about that in general on January 29, 2020. Take care, Jason
Is it generally very difficult to win asylum ?
It depends on many factors. The last time I did a post about the asylum office’s grant rates was June 13, 2022, and maybe that data would be of interest. Take care, Jason
Jason, I am forever indebted for all the free counseling you are giving to me and the asylum community.
My asylum application got approved recently (after 9+ years). My husband and daughter are also approved as dependents in my case. We got the automatically processed EADs for myself and my daughter this week, but not for my husband.
My husband has his own pending asylum application which he used to get his current EAD. We are planning to withdraw his application once he gets his (c)(5) EAD based on my case (which we were expecting to receive along with mine and my daughter’s).
I called the USCIS phone number twice to ask why my husband’s EAD was not processed. I am told to contact the asylum office on the 1st call and to mail the Vermont service center on the second. I am thinking of filing an I-765 application based on (c)(5) for my husband (and include our approval letter and I-94s). What should I do?
It is pretty common for EADs to arrive at different times even for family members, so this is not a surprise. If he is not in a hurry (because he has a valid c-8 EAD), maybe wait a couple weeks to see if it arrives. I guess there is no harm reaching out to the asylum office as well. You can find their email if you follow the link under Resources called Asylum Office Locator. If all else fails, he can file an I-765 based on asylum granted, category a-5. Take care, Jason
May I ask of how did you get your asylum interview scheduled? Did you use mandamus or expedite request?
My case was with the Arlington Asylum office. A year and a half ago I heard cases pending for 8+ years were being scheduled for an interview when either the applicant or the lawyer reached out to the office asking for an expedited interview. I submitted a valid reason & supporting documents for my expedited request but someone I know got an interview just because of the 8+ years of waiting. He asked for an interview in an e-mail just by indicating how long he had been waiting.
I suggest reaching out to the asylum office where your case is and asking for an expedited interview (CC. supervisors, even the asylum office director e-mail) if your case has been pending for 5+ years. If that does not work, Mandamus lawsuits have become the norm for cases pending for 3+ years. I suggest shopping around for a lawyer as the fee ranges from 3,000 to 5,000.
There are over 1 million pending cases and each office needs a reason to pull your case out of this huge stack. E-mail the office every month and go for Mandamus.
May I ask how long after you applied for the expedited request you were called for an interview?
Hello Jason! I entered the US with a B2 visa and later got married, being added as a dependent to my spouse’s asylum case. I have to travel home because my dad is very sick, and I want to see him for the last time. I’m planning to apply for Advanced Parole, but do you think I’ll have problems coming back to the US? I had a 3-month gap when I was out of status after my B2 visa expired, before I was added as a dependent to the asylum case. So, I’m worried I might encounter problems returning to the US even with Advanced Parole. Plus, an additional problem is that my passport has my maiden last name on it, while Advanced Parole would have my spouse’s last name. However, I have a marriage certificate to show the name change.
What are your thoughts on this, and do you know anyone who was not admitted to the US with Advanced Parole?
I think as long as you return while AP is valid, you will be fine. I do think you should bring the marriage/change of the name document, as I can see how that might cause confusion. Maybe also have access to the asylum case (maybe saved in an email), just in case they need more. I wrote more about AP on September 11, 2017. The trick will be getting it quickly, which can be difficult. I wrote about expediting in general on January 29, 2020 and maybe that would help. Take care, Jason
Hi Jason
I complete my interview in Arlington va 6 month ago still waiting for pending decision do you have any contact for this Office I want there on Thursday but don’t get any info
From them they said “still pending “
That is pretty standard. I do know people there, but it does not help. I did a post on June 2, 2021 with some ideas, and if that does not work, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
I agree with what Jason wrote here! But unfortunately both parties are using immigration to get vote and stay in power. They have no interest of solving it at all. This bill is very good and I am hearing that most Americans support it
I think the Republicans are much more to blame here. They asked for a bill to restrict immigration at the border, they got something that is reasonable and that will reduce migration (even if it is not perfect from their perspective), and then they rejected the bill, basically because Donald Trump told them to. It is a real shame. Take care, Jason
Hi Jason,
I am a DACA recipient, and I traveled on advance parole last year, re-entering the United States without any issues. My brother is a U.S. citizen, and my mother holds a green card.
Considering my recent travel experience on advance parole, I believe I may now be eligible to apply for adjustment of status. Could you please advise me on the potential eligibility criteria and the steps involved in pursuing this option?
Thank you.
I do not do a lot of DACA cases and so I am not sure. The fact that you made a lawful entry and that you have a type of status may help, but if your sibling files for you, the wait time is about 13 or 14 years, and if your mother files for you, the wait time is at least a couple years. You can see wait times if you Google “DOS visa bulletin.” I would talk to a lawyer to see what your options are, as maybe consular processing would be a possibility, if you cannot get your GC inside the US. If you tried that, it would be good to have Advance Parole as well, just in case the consular processing does not work and you need to return to the US based on AP. Take care, Jason
I am planning to travel to the Netherlands with my US travel document and green card in May. However, my RTD expires in October. Do you think I might face issues with my travel since there is a presumption of having a 6-month validity? Thanks.
There is no issue returning, as long as the RTD is valid. I do not know about the Netherlands, but maybe you can check their embassy website and see what the requirements are – do they really need 6 months validity on the travel document? Take care, Jason
all the European countries ask for 3 months validation so you’re good! i swear to God last year i entered Germany with 1 month and half validation left on my RTD and had no issues at all! you’re good to go.
hey Jason,
during the N-400 process do you think the officer reopen the asylum case details and form or they just focus on the i-485 application and compare it to the N-400? there is a question in N-400 says if you were detained before and then i guess it means in USA right? i was detained while protesting in my home country against the president but it’s not detained by the meaning they just took all of us and put us in Jail for 3 weeks and no charges were filled!! also in N-400 it says if you were in jail write it down so does it mean in USA only or in general? I’m worried these things could slow down my N-400 application.
The best way I think is to put a “NO” and place a red sticky note next to it with “SEE ATTACHMENT XYZ” where you write down what you just said but in more detailed way. ChatGPT will do the trick. Legally you’ve said nothing and there’s a way to backtrack easily to the reason why you claimed asylum in the first place.
@Mark
thanks a lot i appreciate your advice! I’ll also hear Jason’s opinion and also talk with my attorney about it when i get closer to apply for my naturalization in April!
I agree, but I don’t like the sticky note part, in case it falls off. I just write directly on the form (by hand – I am old school). Take care, Jason
At the N-400 interview, they review the whole case, including the asylum application. I believe the detention question refers to anywhere and any time, whether in the US or another country. For the questions you mentioned, I would probably put “no” (or “yes” if you think that is best), circle the question, write “see cover letter,” and include a cover letter explaining about your detention and how it was not a legal arrest. The key is that all your applications should be consistent. Take care, Jason
Thanks a lot Jaso!!! i appreciate you a lot!!! is it possible to let me know how much would it cost to file the N-400 with your office in case i decide to file it with you not my ex-attorney.
thanks
I prefer not to post fees here, but you can email me at jdzubow@dzubowlaw.com and I can send you info. Take care, Jason
Thanks jason i’ll email you once i come back from my overseas vacation in Europe but i checked my i-485 application today and it was marked NO when the question was about have you ever been detained or arrested while in my asylum application when i first came i wrote detained but the thing is it was a wrong and unlawful detention not as a result of a crime or anything bad and also got no charges at all and i thought they only ask about things here in in USA not internationally and it was only for protesting so you think will it be a big trouble to explain it to the officer in the N-400 interview or with the cover letter explanation and me explain to him face to face gonna make things going good ? I’m scared a small mistake or small misunderstanding like that makes things harder to me !!!
Thanks
I do not think this will lead to major problems, but I do think you need to explain it in your N-400 application (as you did above). I think it is much better to give them the explanation yourself, as opposed to waiting for them to ask you (or hoping that they will not notice). We have dealt with similar problems before, and when we explain, it has always been ok. Take care, Jason
Thanks a lot jason for making me feel better yeah it’s small mistake or more as misunderstanding but I’ll explain it for sure on the form and also face to face cause i never ever lied or hided anything on the USCIS since my immigration story started but a misunderstanding mistake like that made feel bad but it will be fixed and i’ll make sure to contact you when the N-400 submission date gets closer!
Have a great night
I have trouble reconciling myself with the “objective reasonableness” requirement in INA… Because to me, if a determination is made, subjectively, by DHS or EOIR or later the circuit courts…that’s still subjective…right ? Because … Everybody has their own definition of what a reasonable person is…I feel only God can determine what really is “objectively reasonable”…plus usually appeal boards pay great deference to lower level decisions…it just seems hard for me to imagine that they will disagree with their colleagues…
I am a little worried that what I seen as harm and fear will be disregarded and my life experience will be dismissed by the adjudicators…
We are approaching the end of this attorney general’s current tenure. May I ask do you feel this AG is immigrant, asylum seeker-friendly ? I feel mayorkas is very pro-asylum but how about attorney general Garland ? Under his EOIR, do your clients win more than the Trump/sessions/barr era ? Just curious…
I think EOIR has been a procedural disaster, but substantively, there have been some positive changes, and so overall, I would say that the intentions are good, but the results are mixed, at best. Take care, Jason
Hi Jason,
I was browsing on TikTok and this is what I heard. 5 years travel document. Are yo aware of this update. See the link please.
https://www.tiktok.com/t/ZPR3BncL5/
This app is linked to CCP and it’s the most dangerous app in the world. I don’t understand why people still use it. It should be banned immediately in the U.S.
There is no official announcement about this, but some people are reporting that they get Advance Parole valid for 5 years. We have some cases pending, but we have not received a decision lately and so I have not seen that for my clients. Also, I do not know whether it is happening in all cases or only some cases. Take cases, Jason
Hi Jason,
My wife applied for green card. her green card application is pending. She does not have first name. She uses FNU(first name unknown) as her first name on her green card application. can she request USCIS to change her first name now? Is there any procedure to change that?
Thank you so much
There is no process to change the name on the GC application (that option does appear on the citizenship form). Since she has already filed, it may be better to wait until she has the GC to change her name, which she can do at the state courthouse (check the website for your local court’s clerk’s office and they should have info about name changes). If she waits until she has the GC, she will then either need to apply for a replacement GC with the new name or just use the GC + change of name document whenever she needs to show ID. She can also change her name and try to tell USCIS prior to the GC being issued, but this may be difficult and I would not be surprised if USCIS messes it up. Finally, she can just wait until she files for citizenship, but that could be a long time to live with FNU as your name. Take care, Jason
Hi Jason,
Hope you are doing well
I have a couple of questions regarding asylum interview with uscis
1) can the asylum officer ask questions to your dependents about your claim other than the administrative ones
2) what’s the approval rate at the Arlington asylum office
Thanks in advance
Regards
1 – Yes, but normally they do not. And they would almost never question a child. If the dependent does not know, they should be sure to say that they do not know – don’t guess. 2 – I have not seen data in a couple years, but last I heard, it was about 40%. It really varies by country, and so the overall approval rate is not very predictive. I wrote more about that on July 13, 2022. Take care, Jason
Hi Jason,
If we travel with AP and renew our passport while on pending asylum, will that harm our asylum case if that is based on government religious persecution? The reason for travel is EB visa appointment from embassy in third country. Thank you
The asylum office can ask why you used a government-issued passport, but I think you can explain that. Hopefully, it will not be needed if the EB visa works out and then you can withdraw the asylum case. Take care, Jason
Hey Jay,
Did you already receive your AP? How long is it valid for? I’m still waiting for mine, need it for the same reason.
Hello Attorney Jason,
Thanks so much for all you do. I am from Cameroon and suffered persecution under tyrant Paul biya if Cameroon who has been president for 41 years. We southern Cameroonians want our independence from French Cameroon. I applied for Asylum with uscis in 2019 and still have not received an interview. I still continue my advocacy online and want they world to know how terrible the President of Cameroon is. I also got approved for TPS. Yesterday the government of Paul biya announced that they will track and sue all critics of the regime no matter where they are found.
1. Can they sue me Here in the USA given that I advocate for the freedom and independence of Southern Cameroons online?
2. Can they harm me in the USA? They are fun of doing that to their critics.
3. Can I take the letter they wrote about tracking down critics to USCIS?
4. I applied for a renewal of my C08 EAD, how long are your clients waiting to receive theirs?
Thanks so much Sir Jason!
1 – Technically, anyone can sue anyone for any reason. However, I can’t imagine they would have any chances of winning. 2 – Hopefully not, but such things do sometimes happen. Of course, you can contact the police for help. 3 – Yes, it could be helpful evidence for your case. 4 – IT is very variable – it can be a month or it can take 1+ years. In almost all cases, they get the new EAD before the automatic extension expires. Take care, Jason
I oppose this bill and hope that it will die.
The dying of this bill, since Trump’s interference is now reveal, I think, will actually help Biden.
I think the bill will die, but whether it will help Biden, I do not know. Take care, Jason
And it’s failed in Senate, as expected. Wasted so much time to come up with the agreement and it is what it is.
Shocking. Maybe at least it will give the Democrats some good talking points for the upcoming election. Maybe. Take care, Jason