It is possible, but rare. Sometimes, the case can be decided on the evidence. Other times, the person lacks the capacity to testify. But in the large majority of cases, the person has to testify. Take care, Jason

Thank you for your work.

In a merits hearing for asylum, is it required that a respondent testify? Is it possible for the court to rule based on the evidence submitted without live testimony?

Thanks so much.

Thank you – those are good tips, and I did not know they were making the change for the I-485. Maybe that is in anticipation of the Trump Administration, which will likely reject or deny applications based on even the smallest error (or even based on issues that were always fine but now they arbitrarily decided to use it as a basis to deny). Take care, Jason

This is not something I do, so I do not know, sorry. Maybe someone else here would know. Take care, Jason

Hi Jason,

Just wanted to bring up the tip regarding the expiration of medical exam – Effective April 4, 2024, any Form I-693 that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire.

Also an update from today – Effective Dec. 2, 2024, if you are required to submit Form I-693, or a partial Form I-693 (such as the Vaccination Record), you must submit it with your Form I-485. Otherwise, we may reject your Form I-485. 

Thank you!
Lynn

The US Embassy wants an unexpired passport valid for 6 months beyond your intended date of entry to the United States and a photocopy of the biographic page.

Can the consulate refuse my visa and give me 221 g for missing documents if your passport is expiring next month? please let me know

I look forward to hearing from you soon

Thanks

You have to file the appeal and it must be received by the BIA (the appeals court) within 30 days of the Immigration Judge’s order. In terms of re-applying for asylum, if there are changed circumstances in your country or with you, maybe you can ask the BIA to remand the case (send it back) to the judge to review the new circumstances. Other than that, you cannot file a new asylum case while the appeal is pending. Maybe if you have TPS you can get the BIA to close your case and then apply for an H1b. I doubt DHS (the prosecutor) would agree to close the case, but you can ask. If you wanted to do that, it should be before January 20. Once Trump arrives, I doubt DHS will agree to dismiss any cases. Another option might be to leave the US with voluntary departure and then try to return with an H1b. I expect that will be very difficult, but it may be worth talking to a lawyer to look at the specifics of your situation and explore your options. Take care, Jason

We do not know, but last time, the Trump Administration required that every GC applicant receive an interview. In fact, not everyone actually had an interview (which is a total waste of time given the previous asylum interview), but that contributed to additional delay in the process. We may get something similar this time. Otherwise, we will have to wait and see what they do. Also, you no longer have to wait a full year to apply for the GC – I wrote about that on February 6, 2023. Take care, Jason

My asylum application was approved this year(2024) in the summer and I am waiting to apply for my green card next year 2025. Do you think that the new administration will interfere with those who have approved cases and if so, how should we prepare?