The murder of Laken Riley–a promising young nursing student–has spurred renewed calls for a crackdown against illegal migration into our country. Ms. Riley was allegedly killed by a Venezuelan man who entered the United States at the Southern border in September 2022.
In response to the killing, Republicans hammered the Biden Administration’s border policy: “Innocent Americans from Laken Riley in Georgia to the 14-year-old rape victim of an illegal immigrant in our home state of Louisiana…. They’ve all been victimized by those whom the Biden administration has released into our country,” says Speaker of the House Mike Johnson.
While there are instances of people crossing the border and then committing crimes, blaming all migrants for the bad acts of a very few is unfair and intellectually dishonest. That’s because immigrants–including “illegal” immigrants–improve our country in many ways and actually save the lives of many Americans each year.
First, as a general proposition, immigrants commit fewer crimes than native-born Americans. A recent study that looked at census data for the last 140 years found that “immigrants are 30 percent less likely to be incarcerated than are U.S.-born individuals who are white…. And when the analysis is expanded to include Black Americans–whose prison rates are higher than the general population–the likelihood of an immigrant being incarcerated is 60 percent lower than of people born in the United States.”
But what about “illegal” immigrants? (And by the way, I am putting “illegal” in quotation marks, since there is no such term in the immigration law, though here it basically means anyone in the United States without legal status). There is very limited data available to answer this question, but one state–Texas–does track crimes committed by “illegal” migrants. An analysis of those numbers shows that “illegal” immigrants commit fewer crimes than native-born Americans. Reviewing data from 2015 in Texas, Alex Nowrasteh of the CATO Institute found that “there were 1,797 criminal convictions of natives for every 100,000 natives, 899 criminal convictions of illegal immigrants for every 100,000 illegal immigrants, and 611 criminal convictions of legal immigrants for every 100,000 legal immigrants.” For homicides, the data shows that “illegal” immigrants commit murder at a rate of 2.4 per 100,000, for native-born citizens, the rate is 2.8 per 100,000, and for legal immigrants, it is 1.1 per 100,000.
All this is obviously cold comfort for the victims of such crimes and their families, and if the border were sealed, it would prevent potential criminals from coming here. The problem is, to block the few bad actors, we need to block everyone else as well, and this is where the “immigrants are criminals” argument falls short: You can’t look only at the negative effects of immigration; you also have to consider the positive contributions that immigrants make to our country. If you’re going to make policy decisions based on how many people are killed by “illegal” migrants, you should also look at the number of Americans whose lives are saved or improved by this same group.
How can we measure the number of lives saved by undocumented immigrants? There is no such data set available, but one rough proxy might be to look at healthcare workers, who save lives and improve life quality for their patients.
A new report from the Baker Institute at Rice University finds that in 2021 (the last year where data is available), immigrants made up a disproportionate share of healthcare workers. While immigrants (documented and undocumented) represented 13.65% of the U.S. population, they make up 16.52% of all healthcare workers. Put another way, immigrants represent just over 3 million of our nation’s 18.5 million healthcare workers
The Baker Institute report does not distinguish between legal and undocumented immigrants, and so we cannot know precisely how many of the 3 million workers are here unlawfully. However, the report does break down jobs within the healthcare field. From that, we can see that the lowest skill-level jobs, which include home health aids and nursing care assistance (but not registered nurses) are even more disproportionately filled by immigrants. In 2021, 27.45% of such positions were held by immigrants. Given that most “illegal” migrants would not have the needed licenses to work in higher-skilled positions, it seems reasonable to assume that many of these lower-skill jobs are held by “illegal” migrants (many of whom would have work permits based on pending applications).
Another way to deduce the number of undocumented workers in the healthcare field is by looking at the number of undocumented versus documented immigrants and then doing some basic math. In 2021, there were about 44.3 million immigrants in the United States. Of those, about 11 million (close to 25%) are in the country without authorization. Assuming the ratio of documented to undocumented immigrants is the same in the healthcare industry as in the general population, this would mean that about 750,000 healthcare workers are “illegal” migrants.
While we do not have exact numbers, it’s clear that hundreds of thousands of undocumented immigrants are working in the healthcare field and it stands to reason that they are saving many lives. Given the worldwide healthcare worker shortage, we should feel lucky that “illegal” migrants are filling these jobs in our country rather than somewhere else.
* * * * *
The political firestorm surrounding Laken Riley’s death reminds me of another high-profile killing, that of George Floyd by Minneapolis police officers in May 2020. The murder of Mr. Floyd led to mass protests and calls to de-fund the police. Conservatives and supporters of the police pushed back, emphasizing the important role that the police play in keeping us safe. They felt that a few “bad apples” did not justify blaming all police officers. It strikes me as ironic that many of the same people who wanted us to consider the police more holistically after the George Floyd killing now want us to judge all “illegal” immigrants based on the bad acts of a very few.
This is not to say that we cannot draw policy lessons from these two tragic cases; only that we need to keep them in their proper perspective. More specifically, we should not look at the negative without also considering the positive.
In the immigration context, it’s reasonable to express concern about the number of people crossing into the U.S. without sufficient vetting. However, it is not fair to impugn all undocumented immigrants based on the actions of a few, especially when so many “illegal” immigrants contribute so much to our country.
I can’t find a job …
But I need to survive…many people in my community find themselves to do survival sex work to get by for various reasons…like discrimination, bias…
For me, I wonder…if I engage in sex work…will I be forgiven when I try to apply for asylum or other immigration relief ?
If you are convicted of a crime, that could impact asylum. Otherwise, it would probably only be a discretionary factor, and I doubt it would block you from asylum, but it would depend on the facts of the situation. Take care, Jason
Sad that sex work in this country is illegal, prostitution should be legalized here…
@ Sad,
Sad that when the phrase sex work is mentioned, what comes to your mind is prostitution. Normalize doing some google search before you jump into conclusions.
Dear Jason,
I feel frustrated because I haven’t had any response from my immigration attorney for 2 weeks. I sent 2 emails March 11th and 25th and left a voice massage March 15th.
After waiting for almost 9 years, my interview was scheduled next Thursday, April 4th in LA asylum office and my attorney hasn’t responded my emails and voice message yet.
I checked his CA license online and it’s active.I talked to his secretary on phone two times. she said he was out of the country but has returned last week and she hasn’t seen her yet.
As I’m approaching to my interview and I mailed all documents to my attorney with in advance notice, what is the next step? Can I call my attorney’s personal cell phone number and leave an emergency message?Is it ok with no submission and give my evidence to them on my interview date?
I’ve never thought about attorney availability when the fee was paid off.
Thank you for your attention.
Good luck on the interview ! I hope everything works out with the lawyer. Did you do any expedite ?
Thank you. I filed in June 2015 in LA asylum office.I did inquiries multiple times -only 2 times by congressman. I expedited 2 times in one year back to back. I did all remedies with no results.The only option that I had to end the long wait was filling a lawsuit.I did a writ of mandamus in March 2023 and my interview was scheduled 13 months later in Apr 2024.
Unfortunate that you had to do that, but it is good you finally got an interview. I did a post on September 8, 2016 that might be of interest. Good luck, Jason
That is very frustrating. I think you should try to get in touch with the lawyer in any way possible. At least the office should be able to tell you what to do – Will he file your evidence? This is often required a week in advance, but varies by office (many officers will accept evidence on the day of the interview, but if you can submit in advance, that is probably better). Will he attend the interview with you? Even if he is away, he or his office should be able to answer these basic questions. You can ask to postpone the interview (you can email them – follow the link under Resources called Asylum Office Locator). I very much doubt you want to do that after such a long wait, but you need to evaluate whether the case – and you – are ready for the interview. It is better to postpone and present the best possible case than to go to an interview when you are not ready, even when that is not your fault. Also, postponements are usually only for a few weeks or a month or two. Anyway, hopefully you can reach him and get some answers, and you will be ready and able to attend the interview as scheduled. Good luck, Jason
Dear Jason,
Thank you so much for your quick response.
I feel confident to ask all my immigration questions in your platform and be sure that I’ll receive the exact answer in 24 hours.
Finally I reached my attorney after leaving a voicemail on his personal cell phone. He emailed me to let me know he is aware of my attempts to reach him. He had been addressing other cases which needed immediate attention (he was out of the country for two weeks). He said I need an interpreter because I filed out that I’m not fluent in English.After 9 years of filing,I’m fluent now but not as much as a native speaker.He doesn’t know any interpreter and ask me to hire one. Can I be with no interpreter on my interview day? Can they postpone my interview because of this issue?
Whether you use an interpreter is up to you, but for me, I prefer not to use an interpreter if the client is capable of doing the interview in English. A couple issues to consider: People are often nervous at their interview and their level of English sometimes goes down a bit. Also, some officers are better than others about speaking clearly and using understandable language. Finally, if it turns out that you cannot do the interview due to limited English, the officer or you could postpone the interview. I guess they could even deny the case and send you to court for failing to bring an interpreter, but that would be very unusual. Remember that an interpreter does not have to be a professional. I wrote more about this issue on January 24, 2024 and maybe that would be of interest. Finally, make sure all evidence is submitted. Since the attorney was not available, he may not have submitted evidence and so if there is additional evidence for your case, you should be sure to get that filed or at least bring it with you to the interview. Take care, Jason
Dear Jason,
Thank you so much for your great advice.I have learned a lot from you since my asylum case was filed.
This is my attorney’s email about having interpreter and his concern about it:
“I understand your reasoning for proceeding in English although I think it is a risky strategy. You want to be in a position where you are conveying your account in your best language. This is not the time to proceed in a language you may be fluent in but one in which you might not be able to express certain nuances. The asylum officer may question your reasoning for proceeding in English. “
Finally , I made a decision to hire an interpreter. While my attorney didn’t not know any expert Farsi interpreters( My attorney isn’t Iranian, he is Jewish American), I have to find one myself .
Typically, interpreters translate both parties’ conversations.
Can the interpreter solely translate the officer’s questions, allowing me to respond in English?
I’m preparing for my interview and need to use specific words and sentences essential for expressing my case directly in English.
Have you ever witnessed this type of interpretation in your clients? Is it acceptable for USCIS to conduct interviews in this manner?
Thanks in advance!
It depends on the officer, but many officers will make you use the interpreter for everything (even basic questions like, What is your name?). Some officers are more flexible, which makes things easier, but in my experience, most are not flexible. I do not know your spoken English, and so it is difficult for me to comment, but maybe you can bring the interpreter, but leave him in the waiting room and try to do the interview in English. If you or the officer is having trouble, you can bring the interpreter into the room. This way, the interview will not be delayed for lack of an interpreter, but you can see whether it is better for you in English. I would certainly clear this idea with your lawyer first, but it may be a way to proceed that minimizes the risk of a problem but allows you to quickly bring the interpreter in if you need help. Take care, Jason
Hello Jason,
Thanks so much for all you do for the Asylum Community. You are a blessing to many. I have 2 questions for you please.
1. It’s been 3 years since I filed for Asylum in New York. From your experience Do you think I will get an interview soon?
2. My wife and I applied 5 months ago for EAD renewal based on based on pending Asylum. We filed on the same day online. Hers has been approved by the Nebraska office and no updates for me. Have you seen such situations in the past? Do you think mind will take long?
Thanks so much again for your help
1 – I doubt you will. You can try to expedite. I wrote about that on March 23, 2022 and maybe that post will give you some ideas. 2 – It is pretty common for two family members to apply at the same time but then get their cards at different times. Wait times for EADs are all over the map, and so if the application is filed and pending, I would not worry about it. You should have an automatic extension of the old card (listed on your receipt) and we have not yet seen a case where the new card was not produced before the automatic extension expired, so hopefully, you will be fine. Take care, Jason
Hi Jason,
Before proceeding with my citizenship application next week, I wanted to seek clarification on whether my application for citizenship could potentially impact or cause any complications for my wife’s (through I-730) pending green card application ?
It could – if you become a citizen before she gets her green card, it will greatly delay her GC process. This is pretty stupid, but that is the rule. If you are a citizen, she would need to file a “nunc pro tunc” asylum application before she can qualify for her GC. The nunc pro tunc will eventually give her asylum as a principal applicant and then she can continue processing the GC. Her nunc pro tunc asylum case is a formality and as long as the marriage is valid, she will get it, but the whole process will delay her GC by years. For this reason, I recommend to my clients that they not file for citizenship until all their dependents have a green card. Take care, Jason
Hi Jason,
We cannot thank you enough for all the insights and information you always provide to asylum community in USA. As Human, we just need compassion and empathy, and xenophobic politic only increases human pain. Thank you for all what you do.
I would like to know if asylee dependents ( from approved I-730) are subject to fees payments for I-485 application now and starting April 1st too.
Thank you. Asylee dependents pay the fee for the I-485 the same as any other application. I think there is an exception for Afghans (but that may have expired). Also, they would potentially be eligible for a fee waiver – see form I-912, available at http://www.uscis.gov. The fee is going up on April 1 and it is possible to file after less than a year of asylum status (I wrote about this on February 8, 2023), and so maybe if they cannot do the fee waiver, they can file prior to April 1 to save some money. Take care, Jason
[ed – I have deleted your comment. If you wish to make comments criticizing a group, you may not post the comments under the name of the group to make it appear that the comment comes from that group]
🤔 hmmmm
I want to politely point out that nothing in my original comment is trying to criticize. (I know you are not saying I am criticizing either)…I am just doing inquiry and clarification. And this organization should be able to answer my inquiry. Particularly after it seems it involved so much effort from the asylum community. All the rallies and pictures, postings … Such
If they cannot make substantial progress, future engagement should be unwarranted. Because a success track record is important. In trying to change or alleviate the LIFO backlog, they largely failed and this is a track record. I think it’s fair to attribute this failure to them. The response to this failure should be trying to do a better job next time
My objection is not to the content of your post. It is that you used the organization’s name as the person who made the comment. Also, if you have questions for TASSC, you would do well to ask them. Take care, Jason
Hi Jason,
Do I need to pay biometric fee if I am renewing my work permit under C08 category? Should I pay $410 or $485?
For renewing under c-8, the fee is $410. You do not pay the biometric fee. Take care, Jason
Hi Jason
Are you familiar with the Chicago asylum office? How are they scheduling interview and if you have any updates. I’ve been waiting for interview since 2015
I have not seen any data I some time, but I think it is slow the same as everywhere else. You might try expediting. I wrote about that on March 23, 2022. Take care, Jason
Has the Dream Act of 2023 become a law yet? Can eligible dreamers apply for conditional permanent residencies now?
Has the Dream Act of 2023 become law yet? Can eligible Dreamers apply for conditional PR now?
Unfortunately, there is no change in the law and it seems unlikely that such a law will pass with the current Congress. Take care, Jason
Thanks, Jason.
Good evening Jason could you please advise, I have valid refugee travel document and pending adjustment of status application based on approved asylum status and I planned to go to Germany for a few days now people telling me I can’t leave USA without advance parole because of my pending AOS! “Like consider leaving the country while your application is pending as abandoning it resulting in immediate denial?” Is this true?? Can Asylees with only refuge travel document and pending AOS application to travel outside of the US and be back? And if advance parole really needed? Thank you
That advice is not correct – you do not need Advance Parole. If you have a valid Refugee Travel Document, you can leave the US and return. It would have no effect on the pending I-485, as long as you are in the US for all appointments. Take care, Jason
Jason thank you so much for your response, I’m sorry can I ask one more question, Ive seen other lawyers stated RTD and AP are different and if AOS pending people must obtain Advance parole because if you leave without it AOS will be abandoned. Also I even read this on a USCIS website as well “IfYou Need to Travel
If you need to leave the United States temporarily while your Form 1-485 is pending, please see the instructions for Form 1-131, Application for Travel Document, for more information. Generally, if you have a pending Form 1-485 and you leave the United States without an advance parole document, you will have abandoned your application. For further information, see our Travel Documents page.
I’m very frustrated I was hoping to travel and to see my parents after 10 years and now I can’t even go without AP.. even if I’ll file application for AP by the time they will reviewe it RTD will expire..
Hi- Jason already responded with the correct information. But it does appear that you are still confusing those categories of immigrants (like marriage based adjustment of status applicants who are living in the US, for example) with those who have been granted asylum or refugee status and who have secured a refugee travel document (RTD). It makes sense that the asylee/refugee (who has a valid RTD) is able to leave and return to the US since the RTD acts like a passport and an advance parole document or permission to re-enter the US. Since other categories of immigrants are not eligible for the RTD (only refugees and asylees are), they would need to apply- if they have not yet adjusted their status to that of lawful permanent resident and are in the process of doing so- for the advance parole document- which is another form of travel document- before they can leave and return to the US. Bear in mind also that those who have asylee or refugee status should NOT apply for advance parole; instead, asylees and refugees should apply for the RTD.
Agreed – I think it may be that the statement about AP that RE was citing was written with these other people in mind; not asylum seekers. A person with a valid H1b visa can also travel and return while the I-485 is pending, and there are others who can do that as well. Take care, Jason
Dear Jamie and Jason! I can’t thank you both enough! I was so frustrated that I can’t travel outside with just RTD as Asylee but now I have a hope, hopefully my trip will be smooth and I’ll be able to be back to USA without problems and hopefully my AOS application won’t be affected. I will provide an update after my trip 😁
I think you should be fine. Bon voyage, Jason
In my experience, the RTD is just fine. I have had clients travel with that and return. There is no effect on the GC. Maybe if you would like more info, you can have a lawyer research the law on this point, but it is common for people to travel on the RTD before they adjust status and I have not ever seen a problem. Take care, Jason
Thanks, Jason.
Hello,
What is the validity of RTD these days? thank you
One year. We keep hoping it will be increased, but for now, it is still one year. Take care, Jason
Hi Jason,
Thank you for all you do. Asking for a friend, is it true that the Lousiana asylum office is scheduling asylum interviews faster than any other asylum offices in the United States?
I have not seen any data lately, but when last I saw, New Orleans had the highest approval rate in the US and my experience with that office is that it is pretty fast (well, at least compared to other offices). It is (or at least, it was) also easier to expedite a case there than at other offices. Take care, Jason
Hi Jason,
I hope this message finds you well. Your blog has been a life-changing resource, offering step bystep guides on a myriad of topics for asylum applicants. For this, we are immensely grateful.
I am preparing for a web-based Immigration Judge hearing and have found your blog post on this topic incredibly informative. However, I’ve encountered difficulties in locating a demo video or any online resources that provide a clear example of how these hearings are conducted. If you could recommend some resources or guidance on this matter, I would greatly appreciate it.
Thank you so much for your assistance and for the invaluable support your blog provides.
Rumi
Thank you. I do not know of any such resource, though I imagine they are out there. I did a post on September 25, 2019 and maybe that will help. Hopefully, your lawyer will practice the hearing with you before your case so you are ready, and that should give you an idea about what to expect, but normally, your lawyer asks you questions first to tell your story, then the DHS Attorney (the prosecutor) asks questions to probe whether your story is true and whether you qualify for asylum, and the judge can also ask questions at any time. Usually, the judge makes a decision that same day. Things can go differently depending on the case and so it is very helpful to have your lawyer practice with you. Good luck with the hearing. Take care, Jason
Hi Jason,
My asylum case was dismissed by judge in Santa ana court , CA and I filled the appeal with BIA which is still pending. I want to renew my work permit. What should I include as the proof of pending asylum case? Please let me know I am so confused.
@Joni
Im sorry but if the judge dismissed your case and most probably the BIA won’t be in your favor hmm why don’t you leave to another country i mean if the country doesn’t want you to stay why would you even fight to stay? The world has many beautiful countries and the states isn’t the end of the story just leave and save time and go somewhere else and be documented better than wasting 1-2 more years here then getting deported in the end especially if Trump comes back
That’s my thought exactly. I don’t understand why some feel that continued appeal will have a high chance of success… Why do people think they will conflict with their colleagues and to side with an immigrant, someone these judges don’t know in personal life…
I also want to point out that…there could be law practitioners induce immigrants to appeal…so that they can collect more legal fees…just a friendly reminder…
Usually, when a removal order is issued, the person’s chance of staying in the U.S. significantly declines…BIA appeal and circuit court appeal is lost more than half of the time…In this case, they should leave and not continue to litigate and waste government resources.
Hi Adam,
Thanks for your concern. Just to let you know? There’s is difference between case denial and dismissal. Dismissal means judge did not even had a hearing about my case. I have lived in this country for 12 years now, paid taxes, spent the golden years of life and you’re advising me to leave the country and go somewhere else.
Same thing applies to you as well. Why you’re wasting your time staying here. If you’re in this group means you’re also fighting to het asylum or asylee. Why you don’t move somewhere else in this beautiful world?
I guess you would include the BIA receipt. You can also get a print out that the case is pending if you follow the link under Resources called EOIR Case Status. You could print that and include it as well. Take care, Jason
Hi,
Starting April the fee for RTD is 220 finger print included which is 55 dollars less than now i am so surprise. I was going to send my application but i will till April.
Yes, that is the one fee change I saw that actually went down. Too bad they didn’t keep it the same but make the RTD valid for more than one year, but I guess it does not hurt to save some money. Take care, Jason
Hello Jason,
I would like to thank you for you support and help in making vulnerable peoples’ lives easier getting through the arduous asylum system. I’m one of the beneficiaries of yours. I have green card and I got married last year. Recently I filed Form I-130 for my as beneficiary with all the required documents. However, I have made a couple of typographical and a factual mistake in the form because it was online and I did not review the draft form after completion, though I went through the form online multiple times. Anyhow, my question is how can I make corrections in the form which has the status changed to “Actively reviewing the Form” from “Case Received”. Please advise. I would really appreciate your help. Thank you,
Asylum based Green Card Holder
I am not great with the online system, as I am not a fan and try to avoid it. However, I think the easiest option may be to prepare a letter with all the errors and – if you think it is needed – an explanation for how you made the errors, and then submit it as a piece of additional evidence. It is usually better to submit such info before you are asked about it, especially if the errors are substantive and not minor. Take care, Jason
Hi
In green card interview for asylee ? What kind of questions officer will ask ? And will he ask about the Medical exam and vaccination?
Plz if anyone has an experience plz tell me
They normally ask many of the questions on the I-485 form. They can also ask about your asylum case, though usually that is very minimal. Nevertheless, you should review your asylum case before the interview so you can answer questions if asked. You do need to submit the medical exam, and so if there is something incomplete or wrong with that, they will ask about it as well. Also, note that some asylum seekers get interviews and others do not, so you may not even have an interview. Take care, Jason
Hi Jason,
First thank you so much for your help .
My wife and I both submitted separate asylum claim. First my wife had her asylum interview 1 year ago and I had mine two weeks ago both cases shows decision pending. During my interview the officer mentioned my wife and daughter were not included in the system as derivative of my claim even do i have them listed in the I-589 application hard copy and the officer corrected. This week we received a fingerprint appointment for my wife asylum claim case, do you have an insight why uscis asked for fingerprint which we have done it during our submission of our I589 application. I am guessing maybe uscis wants to decide both cases the same time. Have you seen someone scheduled for fingerprint appointment after the asylum interview.
You advise is appreciated.
Worried asylum seeker
I have seen this (second biometric appointments), and it seems to be a relatively new thing, at least for my clients. Also, I have heard in some recent cases where both spouses have their own applications that the asylum office will not make a decision on one case until both cases are interviewed. For our most recent case, from a few weeks ago, we chose to withdraw the one spouse’s case, as he had not yet been interviewed. In your case, since you are both interviewed, they will presumably make a decision, but many decisions are very delayed. I wrote a post with some ideas on June 2, 2021. The bottom line is, your situation seems pretty normal (unfortunately) and nothing you wrote here raises a red flag for me. Take care, Jason
Thank you Jason, my wife did the biometrics with a code 5. Does that make any-meaning for you? We are hoping for a decision.
It does not have meaning for me, sorry. Also, receiving these biometric notices seems to be pretty common. I am not sure whether it has any meaning or whether it means a decision is coming. Take care, Jason
Supreme Court has allowed Texas to arrest and deport undocumented immigrants…
I mean…this is like over the top…Do the asylum community need to say something or do something in response ? What’s your take on this ?
To me this is how frightening it is and what’s to come…like this Supreme court is super anti-immigrant, BIA is as well. Trump is poised to be reelected, and then he will appoint anti-asylum IJs across the board. DHS will be anti-asylum too…It’s such a gloomy day isn’t it.
A few questions:
1) Do you think Supreme Court will eventually affirm texas’s legitimacy in enforcing immigration law ?
2) If it does…what’s your suggestion regarding asylum seekers ? Should they move to blue states ?
I predicted like 3 years ago that this man will come back as the gop nominee…and I am right…
The law is again on hold thanks to the Court of Appeals. I think the TX law is very problematic and so there is a good chance it will not be allowed to go into effect. If it does, we will have to see how it is implemented and who is targeted before advising people in Texas to take any action. Take care, Jason
Hello Jason
I applied work permit renewal last year Feb. I gave them a call today and they told me that it’s denied and sent me a mail. I didn’t receive the letter. My attorney said that they denied your expedite not the work permit renewal and I gave them a call again they confirmed me they denied work permit but while I checked the check they already withdraw the payment. What do you advice me?
I think you will need to wait for the letter to know if the work permit is really denied and why. Otherwise, I think there is nothing to do but wait for that. Take care, Jason
Hello everybody,
Have anyone has this experience?!, my case got approved by IJ February 5th yesterday i got my i-94 and today i went to t security office to get unrestricted one when the lady check on the system she said it dose not show on our system you are asylee also she called a number to verify my status and told me still dose not show up and she filled the app for me gave me receipt with reference number and phone on it and told me it takes up to 4 weeks we verify your status and mail the card i want to know why it should take that much and why after a month my status dose not show up on USCIS system please advice.
Thank you.
I have not heard about that from my clients. I guess you can contact the court to ask whether there is any issue on their end. You can find their phone number if you follow the link under Resources called Immigration Court, or you can go in person. My guess is that there is nothing for the court to do and maybe try again with the SS office after a few weeks, but I am not sure. Take care, Jason
I did call the court my case is done with them and the order is final.
I think you will need to try again at the SS office, and if they can help, ask for a supervisor or ask them exactly what the problem is from their end. Take care, Jason
Hello Jason
I applied for asylum in 8/2018. I just recently did my interview last year in 5/2023. I have not got my decision yet. So I am still waiting and it’s going to be one year in May.
I did a masters degree and I am now a board certified behavior analyst. My current employer asked for the information and the process required for help me file for work based green card (EB2).
I would like your advice on this. Should I go ahead with the offer? Because I don’t know when my asylum decision will ever come out.
Thank you so much
Asylum seeker
I would talk to a lawyer to see whether you are eligible to get the GC based on employment, as it may not be possible, or you may have to leave the US to do it, which can be difficult. I wrote more about this on August 28, 2018 and September 6, 2018, but you would want to talk to a lawyer about the specifics of your case. If you think you have a good chance to win asylum, you can take some actions to expedite the decision – I wrote about those on June 2, 2021. If those fail, you can try a mandamus lawsuit. Of course, if you are not confident about the asylum case, the employment option may be better, if you can do it. Take care, Jason
Hello Jason,
Today my wife and i had appointment to get our i-94 thru IJ grant but just now i saw the officer put my a number for my wife as well cause hers is just a number above of my number can i fix it or should i go back there tomorrow morning and have them fox it?, also for i-765 a5 category which i-94 should i attach to that form the first one we got here plus this asylum status or just this?, also should i attach a copy of my previous work permit which is under c8 or not?, thank you so much for all your help.
If the A number is wrong on the court order, you should go back to the court and ask if they can correct that. We include copies of both I-94 forms when we file an I-765; we also include a copy of the old EAD, even if it is under a different category. If this is the first EAD card under the new category, we mark on the I-765 that this is a new application and not a renewal. Take care, Jason
Hello Jason,
Thank you for your help! What is the wait time for EAD right now? Once my EAD is processed, do I get an email from the USCIS or do they simply mail it? I enclosed a money order, so there is no way to check if it was cashed. This will be my second EAD. Can’t recall getting an email the first time it was processed. Thank you
Receipts are pretty quick – maybe a few weeks or a month. Processing times seem to vary a lot. It could be a few weeks or 1+ years. For people with the automatic extension, I have not yet seen a case where the extension ended before the person got the new EAD. Take care, Jason
Hi Jason & fellow asylum seekers;
Have you had any clients or anyone that received an RTD that is valid for 5 years?
I recently got RTD refugee travel document on March 15 (I have approved asylum) and ist only valid for ONE YEAR (5 years RTD just in talks and was never approved or issued to anyone)
No – it is still only valid for one year, but hopefully, that will change soon. Take care, Jason
I’d like to share the significant improvement in renewal EAD(category C8) by mail in Los Angeles:
Filed : Feb 14th in
Received :Mar 20th
But only the photo issue, my son’s photo and mine are from our first EAD, which is from 8 years ago.
It should be fine?
Anyway, Let’s Celebrate the progress together!
I think it is fine. Whether this time line is the same for everyone, I have my doubts, but it is good news in your case. Take care, Jason
Hi Jason ,
My EAD was exipred at the end of february 2024 and I applied for new EAD online on march 20th almost 23 days late after the expiry date and got a receipt online.
Will I get an automatic extension since I applied after the expiry but not too late just 23 days late, the receipt notice said if you are eligible you will get an automatic extension as one of eligibility criteria was “iYou have timely and properly filed to renew your current employment authorization and/or EAD.
Thanks
Sam
To get the automatic extension, you must file before the old card expires, so I think you will not get it. That said, I bet the receipt will be the same receipt as a person who filed before their old EAD card expired. In other words, it will state that there is an automatic extension. Where that puts you legally, I am not sure (though again, as I understand the rule, you would not qualify for the extension). You might just show the receipt to your employer or the DMV and see what they do. Maybe they will make their own analysis and believe that you are covered by the automatic extension. Take care, Jason
Thank you Jason!
Hello Jason.
I was interviewed last year at htx office. My case status says “fees were waiver”. What does this mean? What is the next step?
Many people would say that this message means that the case was approved and the fees to produce a new work permit were waived. I think you need to remain patient, but hopefully, this is a good sign. If there is no news in a couple weeks, maybe contact the asylum office. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason,
Hope you well, always appreciate your help, I have a question, I was granted asylum in 2022 , and waited one year to apply for the GC , I forgot to renew my authorization to work that expired on the 15 of this month,, and my ID driver’s license expired on the 15 so I went to renew my driver’s license unfortunately they couldn’t renew it they tried with no success, I don’t what to do, my question is do I have to renew my authorization to work in order for to renew my driver’s license? or??? Because I can’t wait for the GC it will take time what must I do please . Thanks
I do not know about the specifics DMV rules, but a person with asylum does not need a GC to work (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). If you can work, I would think you can get a license. Maybe try again and bring all your asylum documents (decision, I-94, old EAD with category a-5 for asylum, asylum receipts) plus ID documents like your old EAD and DL, and passport to the DMV and show them that web page. If they still say no, ask for a supervisor. The problem is, even if you apply now for a new EAD, that will probably take months, but since you do not know when the GC will arrive, you may have to apply for the EAD if the DMV continues to refuse you. Take care, Jason
Hi,
Is there expiration date for work authorization work under category a5?!, thank you.
Yes – they are now valid for 5 years, though asylees are eligible to work even without the EAD. Take care, Jason
Hello everyone,
I have been a long time lurker. I applied for asylum (Arlington asylum office) with my family in 2015 and was just granted asylum in February 2024. I always found this blog very helpful and it helped me ease my anxiety through out these years so here is our time line:
Applied for asylum late 2015
Expedite request (based on health issues) in late 2018 denied
Multiple inquiries to our representatives
Another Expedite request (based on health issues) in early 2021 –> interview in July 2021
Second interview in early 2022
Decision mailed in February 2024
I hope this gives some context to anyone who is waiting.
I have a question to Mr Dzubow.
1) Should my family and I submit form I-485 now given we were just granted asylum or should we wait a year? I was always under the impression that we should wait one year then apply for form I-485 but recently our lawyer said to go ahead and apply now?! I am assuming processing times is long enough so that when USCIS is going to make decision on our application a year would have already passed.
2) Can we file the form alone? or do we need a lawyer? the fees that were asked of us to file I-485 was close to $8500 for the three of us (parents and dependent) and it is just too much we can not afford it!
1 – The old rule was that you have to wait a year. The current rule is that you can file at any time, but most lawyers (including me) recommend waiting 6 months. I explain my reasoning in a post dated February 6, 2023. Your lawyer is taking a slightly more aggressive position, but it may be that I-485 cases in your area take longer than in my area, and so that may be the reason your lawyer recommends filing now (again, take a look at my post to understand the reasons behind this). 2 – You can file on your own. I did a post that may be helpful about that on November 13, 2017 (before the one-year waiting period was changed) and that may help. Make sure to get a copy of your I-589 asylum form and be careful that the I-485 forms are consistent with that, or if there is something different, you need to explain. Take care, Jason
Hi Jason and the community! After a long wait my US Refugee travel document (RTD) finally approved.
I applied for AOS more than a year ago so total time since I’m in Asylee status since I filed my 485 form is more than a year. I would like to travel outside of the US for a short period of time (like 2 weeks max and of course not to the country I fled from) my questions are how risky it’s to travel abroad with only RTD without a greencard? Can they deny my entry back to US? Maybe someone in similar situation traveled recently? Please share your experience with the US customs did they asked a lot of questions etc? How was your departure and arrival process? I haven’t traveled outside of the US since I entered US (more then 10 years ago) so I really dunno how the process goes right now 😅 Aldo does anyone have the list of the countries who accept US travel document? (I searched online but the info kind of outdated) also Jason will this short travel outside affect my AOS application? I filed it last year and it’s been more than a year since I’m in asylee status but we all know it can take few years for them to review it like 3-4 years will my travel outside affect the clock for being an asylee and starts again once I enter back from my trip?
Thank you in advance
As long as you do not leave for 6 months or longer and as long as you have a total of one year inside the US when USCIS makes the decision about your I-485, you will be fine. In terms of the time in the US, add up all your time in the US since you got asylum, and if it is 1+ years, you are eligible for the GC. Take care, Jason
Jason thank you so much for your response! I’m little confused now you mentioned : “ as long as you have a total of one year inside the US when USCIS makes the decision about your I-485, you will be fine.” I was granted asylum in 2022 I applied for AOS in 2023, it’s been more than a year since I’m in asylee status, so for example if I’ll travel outside like in summer 2024 for a week, and if by miracle USCIS will review my asylum application in the fall 2024 (which I know won’t happen that fast 😅) so it’s mean my AOS will be denied cuz I was in US less than a year when they will review my application ?
TIA
Hi- Jason should respond soon. For the purpose of adjusting your status to LPR, you must be physically present in the US for year. In other words, you start counting your physical presence from the day you were granted asylum, and once you have accumulated 1 year of physical presence in the US, you are good to go. Let’s say, for example, you were granted asylum on January 10, 2019. Assuming that you have never left the US, on January 11, 2020, you would have accumulated one year of physical presence. That would make you eligible for the GC, and that would also mean you can travel outside of the US during the pendency of your GC application. From your posts, it does appear that you should be able to leave the US- barring no other issues- and return.
No, sorry – your total time in the US must be 1+ years and it sounds like you already have that, so you will be fine. Take care, Jason
Hi Hope77, how long your RTD’s validity? is it one year or 5 years?
Hi Jason and the community!
After a long wait I finally got my US Refugee Travel Document (RTD) my green card application is pending since last year. Can I travel outside of the US (ofc not to the country I fled from) how risky it’s to be denied upon arrival back to US with only RTD without a greencard? Maybe someone traveled outside of the US with only RTD recently please share your experience how was the process of departure and arrival to US? Did they asked a lot of questions etc? Also can someone provide a list of the countries that accept US RTD? (I searched online but would like have recent information) also will my short travel outside of the US affect my pending 485? I applied more than a year since I was granted asylum and planning to be outside of the US like a week or so, thanks everyone
You can travel and return as long as the RTD is valid, and it will not affect your GC application. The worst I have ever heard for people returning is that the officer at the airport did not recognize the RTD, which caused some minor delay. I have never heard of anyone being denied re-entry and I do not think that is something you need to worry about. In terms of what countries accept the RTD, I know of no such list and I think you need to contact the embassy of the country you plan to visit and see whether they can issue you a visa on the RTD (I think some embassy websites also have info on traveling with an RTD and so you might check that as well). Take care, Jason
Hi Jason,
I have a question. In your law office website, it seems one of your services listed is EB-1/2 immigration…But I remember you said in the blog that you don’t do EB immigrations ? right ?
Unless I am remembering wrong ? Would you like to explain ?
I sometimes do such cases, but lately I have not had time for them. Take care, Jason
Dear Jason,
Thank you sincerely for your invaluable contributions and exceptional writing. It’s always a delight to engage with your blog and gain profound insights. I do have a quick question, if you don’t mind.
I applied for asylum in 2016 and subsequently married in 2021, obtaining a conditional marriage-based green card. Recently, I initiated the process to remove the conditions on my green card. Based on the timeline of my marriage, I anticipate meeting the eligibility criteria for citizenship in May of this year, as it will mark three years since our marriage in 2020. However, I’m uncertain whether I can proceed with applying for citizenship this year or if I need to wait an additional year. Could you kindly advise on whether I qualify for citizenship this year, considering the three-year mark since my marriage, or if I must wait due to my recent application to remove the conditions on my green card or my prior asylum application? I’ve found myself quite perplexed by this matter and would deeply appreciate any insights or guidance you could offer.
Thank you.
Assuming you are still married, you can apply for citizenship 3 years after the date on the two-year green card. And you can actually mail the N-400 form up to 90 days before the 3-year anniversary (again, assuming you meet all other eligibility requirements). So for example, if you got the GC in April 2022, you can apply for citizenship in January 2025. It often happens that the I-751 is not adjudicated until after the person files the N-400, but that is just how it is and you do not have to wait for a decision in the I-751 before filing to naturalize. Take care, Jason
Hi,My brother applied asylum ,had interviewed and was referred to court.He left the US and went to Canada, there he immediately got asylum later got even Canadian citizenship. In mealtime he did not appear in his master hearing for the asylum case in the US. The judge issued a removal order on him.while in the US he had no status but had a legal presence .It has been six year since that removal order was ussued.Can he visit the US on Canadian passport or he simply has 10years bar against him
I am not certain, as there are different bars, but I think he has a 10-year bar. There are different waivers to allow him to come back before 10 years – for example, a section of the law called INA 212(d) is a waiver if he wants to get a non-immigrant visa or tourist visa. One idea might be to apply for a B visa and see what happens – the only thing he really has to lose is the fee. Another option is to go to the border and see whether they will let him in, but that seems more risky. Either way, this may be cheaper than hiring a lawyer in the US to figure out if he still has a bar. Take care, Jason
Hi Jason, I have been following this post for the last 7 years now. Always appreciated the work you have been doing. As always i have a question:
I have had a pending asylum case since 2016, and now I am planning to file form I-485 this coming week, my EAD will expire in October 2024 (7 months from now). Should I fill form I-765 with form I-485? If So, do I also need to pay the EAD application fee?
Thank you
It depends on the basis for the I-485 – if it is based on marriage, for example, and if you file before April 1, you can file the I-765 for no additional fee (it is included when you pay for the I-485, but that will change on April 1). If you are filling based on asylum granted, you would have to pay extra for the I-765 and if you are filling to renew the EAD, the soonest you can file is 180 days prior to the expiration date of the current card. Take care, Jason
Thank you, Jason. It is based on marriage and my asylum case is still pending. One more Question, am I filing as C8 or C9 when applying for renewal EAD? Appreciate the quick reply as always. Blessed day, thank you.
If you are filing for the work permit based on the I-485/marriage case, it is category c-9 and it is not a renewal – it is a new card under a new category. There is no extra fee if you file before April 1, but you do not get an automatic extension of the current EAD. So if you need the automatic extension, you may want to pay for a renewal under c-8. Also, even if you do that, you may want to file the I-765 for the c-9 card as well, since you can file that at the same time as form I-131 for Advance Parole, and then you will get an EAD that is valid for purposes of re-entry. In other words, you can travel with your passport and use the EAD/AP to re-enter the US (though for asylum people, using the passport can cause the US government to think your asylum case was fake and so you should be prepared to explain that). Take care, Jason
Hello Jason,
I did renew my 765 form under c8 online and still is pending but i got approval by IJ and i did upload the judge order under my application, my question is should i fill another 765 from under a5 category or the officer who makes a decision will adjust it?, also if i have to do it can i do it online as well?, thank you.
The c-8 application will likely be denied, since you no longer have a pending asylum case. You should Google “post order instructions in Immigration Court” and follow those. That will get you an I-94 that says asylum granted and a new EAD based on category a-5 (asylum granted), which is free. Take care, Jason
ASYLE 55 I had the same situation my case was approved while my I 765 under c8 category was pending for about a year, I did file new application under a5 category, and then my i765 under c8 got approved and I received work permit with a5 category on it! Then my i765 that I filed under a5 was denied bc I already got EAD! Do you don’t need to apply again. They will approve your current C8 application and issue it with new a5 category
I have seen c-8 applications get denied under these circumstances, and for that reason, we recommend applying based on a-5 (since it is free). In any event, it may not much matter, since a person can work with an EAD under either category and once an asylees has the GC, they no longer need an EAD. Take care, Jason
Thank you so much brother!
I have a question:
Should the federal and state prosecutors continue to prosecute at this point ?
Cause, from a political point…it may give him the victim perception (that he is politically persecuted…) and may spur people to support him…
But on the other hand…I completely think that he should be convicted and jailed for his election interference, this is the backbone of our democracy.
What do you think ? I know you are pro-democracy, but I worry that trump is using this democracy to spread anti-democracy messages…kind of like what certain foreign countries are doing…
I guess I do not see why someone who broke the law should not be prosecuted. Take care, Jason
agreed
Hi Jason and the community! Hope y’all are doing well.
Thats very unfortunate to read all this and witnessing how the country reaching its highest immigration crisis in my lifetime here.
Would you mind clarifying what would be the best in my not easy situation? Im a green card holder and am filed form I-130 two years ago for my spouse who is not in the US. Recently my wife got pregnant (thanks, our first child), is it true that now i will need to file separate form I-130 for the baby in case my wife’s case won’t get settled until the baby arrives (this is most likely)? If thats true, does it mean that it will reset my wife’s current case and it will start all over again?
It would be extremely helpful to know if there’s any way I can expedite the form i-130 given my wife’s pregnancy, any information is greatly appreciated!
Thanks everyone! Stay safe!
To continue the above message, is that something you can help me? Im based in Brooklyn NY. Thanks
Potentially, as there would be no need to use a local lawyer for a consult about this issue, or to fill the forms. I am in court for the next two days, but if you email me after that, we can schedule a consult if you want (JDzubow@DzubowLaw.com). Take care, Jason
Congrats on the baby. Unless your wife is a diplomat, if the baby is born here, the baby will be a US citizen, so there is no worry about that. In terms of expediting the I-130, the wait time cannot be expedited (you can see that if you Google “DOS visa bulletin,” but look at the second chart, which states when she can file the I-485). One issue is whether she is eligible to get the GC in the US. If she is here with some lawful status (student, H1b, etc.), she should be eligible to get the GC inside the US. But if her status expired, she is probably not eligible. I wrote some articles that talk more about this on August 28, 2018 and September 6, 2018, but she should talk to a lawyer to know for certain whether she has to leave the US to get the GC. If that is the case, she might do better to wait until you are a US citizen, and then she can probably get the GC inside the US (assuming she entered legally and is not a criminal and has not been ordered deported). Take care, Jason
Im doing my medical exam for my green card , I just found that Covid is required now , I took 2 shots in 2021 . Do I need to get new one for the medical exam in 6 month before submitting it ?
I am not sure about the exact requirements or whether a booster is needed. The instructions to form I-693, available at http://www.uscis.gov, may give that info. If not, the doctor should know. Take care, Jason
Good day, Jason! Is it possible to still apply for asylum even if I have been out of status for 20 plus years? I’ve been in the US since 2001 and I can’t go back to my country. If it’s still possible, how long do I need to wait to apply for work authorization while my application is pending?
Thank you so very much!!!
Cris
Following, I have the same question
In addition, @cris, during your 20 plus years out of status…how are you able to maintain employment and income…
Actually, It’s my friend who has this situation. She works at the same time she files her tax regularly.
You can (assuming you have not previously been ordered deported). File normally and you can apply for the work permit 150 days after the case was filed. I did a post about the one-year bar on January 18, 2018 and maybe that would help. Also, if you get sent to court, you can pursue asylum and maybe also Cancellation of Removal. If you get sent to court, you would want to look into that. Take care, Jason
Thank you, Jason!
Hello jason,
Is b1/b2 visa considered legal status that allows me to sponsor my wife ?! I am a green card holder and i didn’t file for her yet and im planning to bring her to deliver our baby here cause she got medical condition and it’s safer and better to have her delivery here than her country cause we are from different countries!
A B-1 or B-2 are just types of tourist visas, and you cannot really sponsor her for those. You can write a letter or even do an affidavit of support (form I-134, available at http://www.uscis.gov) to help her application, but she still needs to apply as anyone else. With a GC, you can sponsor her, but I believe there is currently a wait time of a few years (Google “DOS visa bulletin” and you can see that), so that may not help. Take care, Jason
Hello sir. Im JP. My asylum case is with uscis asylum office. Los angeles office. It’s been pending since 1.5 years . I have a work permit. My work permit is valid for 18 pmonths now. It was issued for 2 years. I moved to indiana temporarily for work purposes. Still maintain place of living in california. I went to dmv in indiana. Im a truck driver commercial driver license. I moved to indiana bcuz my truck company is from indiana. Can i get indiana driver license but keep my asylum case in california. Will this affect my case or at interview.
If you have a DL from Indiana, and you go to the asylum interview in LA, they could cancel the interview and move the case to Chicago, which will cause a big delay. They might also think you are lying about your address, which could cause them to think that you are lying about other things. On the other hand, if you maintain an address in LA and have evidence of that (tax documents, lease, other bills), it might be ok. If you think the move is only for a few months and you keep your LA address, I do not see why you would need to change the address, but if the move is more permanent, you should change your address. Also, the LA office is very slow and so it will probably not interview you for a long time, and the Chicago office probably won’t either, but it is a pretty good office, and so you can always change your address to Indiana and then change it again when you move back. You can do that online using form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi Jason
I got asylum granted on March 2020
I got my GC on July 2022
So when I can apply for the citizenship?
On 2025 or 2027?
Thank you a lot
You have to look on the GC itself, which should have been back-dated one year from he date you got asylum (so July 2021). Assuming you meet all other requirements, you can apply for citizenship 5 years after the date on the GC, and you can mail the form 90 days early – so assuming the GC was back-dated, this should be about April 2027. Take care, Jason
Hi Jason
Tnx for the respond
On my GC they didn’t back up a year
But on my wife GC they back it up one !
Does that consider an issue or it’s normal?
Tnx again
It means they made a mistake on your card. We have seen this several times, and unfortunately, it is pretty common. My thought is that it is more trouble to correct this error than it is worth, but it is their error and you can try. I am not sure if this error counts as a typographical error (for the year of issue of the GC), but you might start here: https://egov.uscis.gov/e-request/displayTypoForm.do?sroPageType=typoError&entryPoint=init. Or by calling USCIS at 800-375-5283. On the other hand, if you are not in a hurry to get citizenship, you might just wait an extra year. Take care, Jason
Thanks a lot for the responding
God bless you
Hello Jason!
I hope you are doing good. I have a pending asylum. Prior that I overstayed my US visa for few years. Can I apply for a Refugee Travel Document? To travel outside the US to check foreign universities? While I have a right to study in the US, do I have a right to study outside the US? Technically, I am out of status now. Can I still get a Refugee Travel Document? Thank you
The RTD is for people who have already received asylum. If you have a pending case and want to travel outside the US and return, you need Advance Parole. I wrote about that on September 11, 2017. It is not so easy to get that and it usually takes 1+ years. Also, you need a “humanitarian” reason for the travel, like visiting a sick relative in a third country. I doubt visiting colleges would qualify, but you can apply based on your plan to visit sick relatives (or for some other humanitarian reason) and once you have the AP, you can travel anywhere you want. Take care, Jason
Thank you so much for helping me with your blog. I would like to ask a few questions. Does it take more than 5 years to file an interview lawsuit? Can one-child parents still be protected now? Because being forced to have a sterilization is a lifelong pain. Where can I find the email of the Director of the Los Angeles Asylum Office?
I think you are referring to a mandamus lawsuit. There is no set time to wait, and different attorneys have different ideas about this. We wrote about it on October 2, 2018 and maybe that would give you some ideas. But if you have been waiting 5 years, and if you have already tried to expedite, then you might want to talk to a lawyer about doing a mandamus lawsuit. If you have not tried to expedite, you should do that first. I wrote about that on March 23, 2022. Winning asylum based on China’s one-child policy may still be possible. It would depend on whether you were persecuted or harmed back home and whether there are threats against you. I think the policy has been changed, and so maybe it is more difficult to win asylum on that basis than previously, but it would depend on the case. In terms of emailing the LA office, I can only direct you to the regular email address, which you can find if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Sad that you are helping people from an adversary country obtain asylum in the U.S.
@SAD, its sad that you would harbor such feelings forgetting that the US welcomes everyone. When Jason and other attorneys pick up a case, they do so based on the strength of the case; not the inter-country enmity.
Are you saying that these attorneys are cherry picking easily winnable cases ? Aka low hanging fruits ?
Cause I feel that it’s the edge or close cases that an attorney can play a critical role…strong cases, they are mostly just free riders…I mean…at least it feels like it…I don’t know how others feel but…
In our office, we take easy and difficult cases. However, we will not take a case where it is legally impossible to win. Take care, Jason
@Jason it’s very nice you can expressly state that since I couldn’t imagine a lot of law offices could make such statements.
legally impossible cases I would classify as “clearly losing cases”, it’s not included in my definition of “edge” or “close” cases. But yeah I am glad that your office takes both easy and difficult cases.
In addition, I just want to say this for clarity purpose. When I talk about some of the … questionable…practice in the immigration community (both from immigrants and law practitioners), it’s more in terms of a general discussion. No offense to any person in particular. In addition, I raise these questions not to bash the immigration community in general but more in a sense to look for ways to resolve the issues and raise awareness. Those who don’t engage in the questionable practice that I mentioned are not included in my criticism. They are welcome to offer suggestions instead.
I do know that some law practitioners specifically take easy cases, and there is enough evidence of that. It’s hard to always try to find the best one in the asylum community (aka you :)), they don’t have that much time and bandwidth. In addition, not every asylum seeker can afford expert representation. Those who work in nonprofit and pro bono organizations seem to be not as experienced and/or competent…how can they do ?
Hi Jeson
Sorry I didn’t express myself clearly. It has been almost 3 years since I submitted my application. I am in Los Angeles and have been rejected many times through expedited applications. Can I file a performance of duty lawsuit in this situation? Thanks
I think you mean a mandamus lawsuit and you can file that. I would talk to a lawyer in LA to understand the chances that it will work, as 3 years may not be a long enough delay to succeed in a mandamus lawsuit. I would think it is long enough, but I do not do many cases in LA and I am not sure. A local lawyer should know about that though. Take care, Jason