Yes, traditionally, these lists include ten items, I know. But these days, you need to take your good news where you can get it, and nine was the best I could muster.
Despite the incoming Administration’s promises of mass deportation, travel bans, and general nastiness, there are some reasons to be hopeful in 2025. Well, maybe “hopeful” is too strong a word, but at least there are some reasons to not lose hope altogether. In any event, without further ado, here are nine reasons for optimism in the New Year:
9 – Trump won’t be President for nearly three weeks: Enjoy!
8 – Maliciousness tempered by incompetence: Last time, the Trump Administration’s nefarious plans were often thwarted by its own incompetence. I had thought his people would get their act together for part 2, but so far, that doesn’t appear to be the case. Mr. Trump’s cabinet designees are more extreme, but also less qualified, than those he appointed at the beginning of his first term. While their unquestioning loyalty is dangerous, their seeming ineptitude gives me hope that they will not be able to carry out many of the incoming President’s plans.
7 – They’re not all bad: While the new Administration is committed to mass deportations and significant restrictions on immigration, some within the President’s team support reasonable immigration reforms. For example, there are those who support the Dreamers–people who came to the U.S. as children and who have lived here for their entire lives–including a path to permanent status for this group. Also, there is support for asylum, albeit in a more narrow version than what we have today. As we prepare for a lot of bad news, we can hold out some hope that the Trump Administration will be sympathetic towards Dreamers and will protect “traditional” asylum seekers, including those who face harm on account of political opinion, religion, and ethnicity.
6 – The inconvenient Constitution: Our system of government was specifically designed to protect the rights of the minority from the tyranny of the majority. It will be very difficult to limit due process of law for some people (i.e., non-citizens), without limiting it for everyone else, and many Republicans in the Legislative and Judicial branches will oppose increasing the power of the state at the expensive of the individual. I am hopeful that even in this era of increasing extremism, there remain enough leaders within our government who are unwilling to do away with our Constitutional rights, and that this will offer non-citizens (and all of us) some protection.
5 – So many immigrants, so little time: Depending on how you estimate it, there are probably about eight million deportable non-citizens in the U.S. today. That’s a lot of people. With the finite resources available to ICE and the limited support (or in some cases, outright resistance) from state and local officials, I am hopeful that the new Administration will have a difficult time implementing its plan to remove millions from our country.
4 – There is no number 4: OK, I lied at the beginning. I could only think of eight reasons for optimism. So sue me.
3 – Public perception: The public has limited appetite for mistreating people, even if those people are not U.S. citizens. During the first Trump term, the Administration separated parents from children as a way to deter people from coming to our country. The push-back was severe, and the Administration changed course. Now, with mass deportation, Mr. Trump is proposing something much larger, which will affect communities all across the country. I am hopeful that Americans will not tolerate this policy once they see its effects, and that the new Administration will again have to bow to public pressure.
2 – The truth is still a thing: During his campaign, Mr. Trump repeatedly lied about asylum seekers and immigrants, accusing them of committing crimes and eating pets. In truth, there are simply not many criminal immigrants to deport, and it won’t take long for this fact to become apparent. Also, non-citizens are integral to our country, and their removal will cause great social and economic damage. As the reality of Mr. Trump’s plan becomes apparent, I am hopeful that our country will just say no.
1 – Immigrants have power: Asylum seekers and immigrants are strivers and survivors. They have already overcome much to reach the United States. Such people cannot easily be intimidated or knocked down. I am hopeful that immigrants–along with their many friends–will stand up for their rights and fight to remain in this country, and that ultimately, we will prevail.
It is not easy to be optimistic for 2025, and there is little doubt that non-citizens will face great difficulty in the months and years ahead. But you are not alone. You have many allies, and you have truth, decency, and humanity on your side. In the end, I am optimistic that immigrants and their friends can support each other, and that we can meet the challenges ahead.
Happy New Year!
Hi Jason.
I’ve been arrested in my homecountry, arrests are not criminal in nature and sre fully political. Im applying for mt GC and I’m disclosing this fact by answering YES. On the last page i mentioned that all arrests were political and that i’ve never been arrested or charged with any crimes since in the us or anywhere in the world.i also have mentioned that arrests are a part of my asylum case and haven been Submitted and discussed with IJ and prosecutors. Do i have to resubmit all the records of arrests??
Do you usually resubmit everything or you just explain it?
Technically they have access to this info.
Thank you
I don’t think there is harm in submitting the records if you have them. We rarely have arrest records in such cases, and so we just provide an explanation, which has usually been enough. If you don’t submit the records and USCIS needs them, they will request them from you. Take care, Jason
7 Safety Measures for Asylum Seekers per ASAP advocacy group
Last updated on January 3, 2025
The Trump Administration has announced that there will be immigration raids after January 20, 2025. We do not know how this will impact asylum seekers. But here are some steps that asylum seekers can take to protect themselves and their families in the United States.
1. Carry your work permit or other U.S. government document.
If you have a work permit card or a U.S. driver’s license, carry it with you when you leave home. You can show these documents if you are stopped by the police or immigration officials.
If you are an asylum seeker with a pending case and you do not have an U.S. ID, you can carry a copy of your Notice to Appear, the notice for your next hearing in immigration court, or a receipt notice from USCIS.
2. Be careful when driving.
Being careful when you are driving can lower your risk of being stopped by the police. Carry your U.S. driver’s license if you have one and get car insurance as required by law in all states. Drive carefully and obey the traffic laws.
3. If you know an immigrant who is currently traveling outside the U.S., they may want to return before January 20, 2025.
Immigrants who are currently traveling outside the U.S. may want to return to the U.S. before January 20, 2025. It may become more difficult to re-enter the U.S. after President Trump takes office on January 20. During the first Trump administration, the President blocked many people from certain countries from entering the U.S.
4. Protect your private information online.
It is a good idea to limit the amount of your personal information on the internet. If you have a social media account that is “public,” consider making it private. Consider removing information about your immigration status and your location. If you no longer use the account, consider deleting it.
5. Ask people you trust for help in case of an emergency and memorize their phone numbers.
Memorize the phone number of at least one person you trust. That way, you can still call them even if you lose access to your phone. Ask them if they can help in case of an emergency, for example help picking children up from school or taking children to doctors’ appointments.
6. Save your important documents in a safe place.
Make sure that your important documents and information are stored in a safe place. For example, this could include your passport, immigration documents, financial information, medical information, account logins, and important phone numbers. Tell someone else that you trust where they can find this information in an emergency.
7. Sign up for ASAP membership to get urgent updates.
Every month, the Asylum Seeker Advocacy Project (ASAP) provides all members with free legal updates by email or text message. ASAP membership is completely free, and is designed for asylum seekers in the United States.
Note: This information from the Asylum Seeker Advocacy Project (ASAP) is not a substitute for advice from a lawyer.
ASAP is a great organization and their work will be even more important over the next few years. All of this is good advice. I also will be posting something related to this topic later this morning. Take care, Jason
Hello Jason and thank you for your help. I had my asylum office interview almost a year ago, but I have not yet received a decision. I am considering submitting a FOIA request to see the officer’s assessment. I would like to know if submitting a FOIA request could harm my case or if it is safe to do so. Do you have any clue in this regard?
I have never heard about a FOIA harming a case. I have seen once or twice for court cases, where the file was removed for a FOIA and that caused a delay, but I do not think that would be an issue at the asylum office. I do not know that you will get the info you are seeking, but I think there is no harm in trying. Take care, Jason
Hi Jason.
Today I got a letter from DOS – NVC stated that one year ago I was notified about the immigrant Visa approval and follow up instructions. Further stated that immigrant Visa is cancelled and If I want to Re-open the case, provide explanation further.
Question : 2 years ago I adjusted my status and received my PR card in US already. Why would NVC sending this letter saying immigrant Visa is cancelled while they can check the system very easily that the person has Adjusted the status in US and NOT outside US ?
If the letter was for you and you already have a GC, I think you can ignore it. This happens sometimes – maybe they thought the case would consular process, but it ended up being processed in the US. In general, the immigration system is a mess, and so an error like this is not uncommon, and in this case, does not seem like it will cause you any issues. Take care, Jason
Hi Jason,
I would like to take a moment to thank you for what you are doing for this community.
My sister came to the USA a couple of weeks ago, and she wants to apply for asylum. However, we are hearing some rumors about January 20, 2025. People are saying that Trump will stop asylum applications. This sounds impossible to me, but my sister is very worried and is rushing to apply before January 20. I was wondering if you have any information regarding this rumor.
Thank you so much for all your help.
I think a lot of problems in our immigration system is that…we have too many asylum applications !
I think it’s a good idea for us to pause the asylum program indefinitely. And only reopen unless and until…all backlogged cases are adjudicated…
I found your most recent post inappropriate. I wanted to let you know that I removed it and will be removing future posts that are not appropriate for this forum. Take care, Jason
I have not heard anything about that, but I am not sure how the new Administration could stop asylum. That is the law and only Congress can change the law. That said, Trump does not seem to care much about the law and will do whatever he can to make life difficult for non-citizens. Also, it should be easy for her to apply for asylum before January 20 – she only needs to submit the form and a copy of her passport and if she has dependents, their documents (passports, birth and marriage certificates) as well. All other documents can be submitted later. For our clients, we only submit the basic document when we file and submit everything else later. She can file online or by mail. Take care, Jason
Thank you Jason for this platform. Personally, I have gained a lot in addressing my questions in due course of my asylum process since 2017. I was granted asylum in 2022. Immediately, I filed I-730 for my wife and child and they joined me here at the beginning of 2024. I also applied for permanent residence before my wife and child came here. Then, I was granted green card last October.
Now, I am planning to apply for permanent residence for my wife and child. (They will soon be one year in USA). I am filling I-485 for both of them. I came across some questions on the form.
My question is: under which Application Type or Filing Category should I apply for them? Is it under Relative of a lawful permanent resident under the family-based preference categories or under asylee?
Thank you!!
They are asylees themselves, and so they would file as asylees. The I-485 form lists this as Asylum Status and the date is the date the person arrived in the US based on an I-730 or, if the person was in the US when the I-730 was filed, the date that the I-730 was approved. Take care, Jason
Thank you Jason for your prompt reply and addressing my question. I do have one more follow up question. On the I-485 form, it asks the following
” I am filing this Form I-485 as a (select only one box)
Principal Applicant
Derivative Applicant”
My question is: Are my wife and child regarded as a Principal Applicant or Derivative applicant? Which box should I select for each of them? The reason why I am asking this question is that I (the person who was granted asylum) is not applying for the adjustment of status with them right now. I have already applied and got my green card last October. My assumption is that if we were applying at the same time, I may fill them as a derivative applicant. But this time only my wife and child is applying for adjustment. So what are they called? Principal applicant or Derivative applicant?
Thank you so much Jason. I really appreciate your kind help on this platform.
I have never really been certain about this question, but on the form, we list every asylee who applies for a GC as a principal, since they each have asylum and are eligible to apply regardless of what other family members do. We also include information about the principal asylee (you), such as your asylum approval and evidence of the relationship with the principal. Take care, Jason
Hi Jason, Thanks for being our hope. I am also a migrant (not merely an immigrant) who is finding answers by re-negotiating identities & reconciling cultural ambiguities. I appreciate you for being voice of so many like me. I am in the same boat but my boat really never sailed, may be I have been waiting for an angelic boat. May be it’s you? I have a story to tell if I can get some time from you. Thank you for being the mover and shaker of this community.
Thank you. I am not sure I understand what you need, but if you need to contact me, my new email (at my new firm) is jason@murrayosorio.com. Take care, Jason
Hi Jason,
When i was filling out N-400, Application for Naturalization form, I made a mistake regarding an entry date. I filled out the information about outside the US as exit: 11/02/2021, entry: 02/01/2021. Entry should be 02/01/2022.
It is clear mistake but should i wait to fix it or upload evidence to my case right now? I filed online my case and recently passed fingerprint step.
I would just upload it now. You can provide a short cover letter with a copy of the I-94 or entry stamp. I do not see why this would cause any issues for your case. Take care, Jason
Hello Jason,
Have you seen any of your client who got asylum approves by IJ have been i-485 application denied?, if yes what was the reason or what kind of reasons can happen that i-485 gets denied ?
I can’t think of a case at this point, but it could certainly happen – if the person violates their status, commits a crime, misrepresents something on their application, etc. There are many possible reasons, but my sense is that it is pretty rare, at least I have not seen this happen with my clients. Take care, Jason
Reading you cheers me up though stress has been destroying my life steadily. I have a question Jason. Why is it difficult for USCIS to approves I-730 for adopted children? In 2023, I applied for my adopted children and one biological child but USCIS only approved my biological son’s application and he has been here for 9 months already. My adopted kids applications were all denied and the reason was that all the evidence I submitted were posterior to me leaving the country which made lost of sense to me. After I collected all their school records of our time together, I refiled their applications. To my surprise, I found that close to 100 applications that were either file before or after me where all approved, my kids applications are still pending. Have you ever experienced this? Does it mean USCIS doesn’t view adopted children like biological ones? Have a blessed night
USCIS requires evidence of a legal adoption, as there are many cases of informal adoptions and also of fraud. USCIS should explain about what documents are needed to demonstrate the adoptive relationship, but you can also talk to a lawyer about that, especially here, where you already had one denial. In my experience, where we have evidence of the legal adoption and that adoption existed before the person came to the US, the child should be able to come to the US based on an I-730 or I-130. If the adoption occurred after the principal came to the US, it is more difficult and it would be wise to talk to a lawyer about how to strengthen the application. Take care, Jason
Thank you for response Jason. The adoption existed before I even came in over a decade ago and I claimed them on my initial I-589 forms. I submitted all evidence of legal adoption and birth certificates. I have worked with a lawyer but it looks like this system is just like a lottery.
There should be an explanation provided if they want to deny. I am not sure why an adoption case would be delayed as long as USCIS is satisfied with the legal documentation. Hopefully, they will get back to you soon with an approval or a clear explanation about what other evidence is needed. Take care, Jason
Hi Jason,
How does failure to inform USCIS of a change of address works against you in the naturalization process? I live in the same building for the past 5 years. The building only has floors and no apartment numbers. When I previously file cases such as travel documents, I didn’t specify the floor in some cases, and in other applications, I did. Do you think this can cause a problem later on?
Thanks,
I don’t see that this is a problem, unless you don’t get mail. You can update your address any time on the USCIS portal or using form AR-11, available at http://www.uscis.gov. If you are asked about updating addresses at the interview, you can explain that you gave USCIS your address, and that the building does not use apartment numbers. Take care, Jason
You may have just made an inadvertent parallel there between number 4 and a pending interview/decision; USCIS says “There is no number 4, we lied…sue us” and of course that is where mandamus comes in. Reminds me of an excerpt from Milan Kundera’s Lightness of Being where he distinguishes between a promise and a guarantee; the former in this case being #4, the latter some fine collections of renewed EAD’s over the years. But it’s good to be optimistic, Jason! I happen to be one myself, and I think there’s room to be optimistic (at least in theory) about this new DOGE stuff with respect to better adjudications to streamline the backlog. We shall see, all the best to you for 2025!
I did not think of that but that is exactly right. I wish you well in 2025 (and as an aside, since I can’t help myself, my favorite ever title for one of my blog posts is about how the Board of Immigration Appeals does not publish enough decisions, and is called the “Unbearable Lightness of BIA-ing”). Take care, Jason
Hi Jason!
I need your suggestion on my pending asylum case.
I had an interview a year and half ago and sent multiple emails with current worsening situation in my home country and always got the same boilerplate template response.
I have US citizen kids and been in US for more then 9 years and by end of next year complete 10 year of continuous presence.
I don’t know if it will be of any value or not to have my lawyer send them expedite letter or me sending them several emails to inquire for decision. There could be a possibility that they may send the case to court and my clock stops just few months of 10 years and I may lose the opportunity of cancellation of removal.
Can you please advise me on my thoughts!!!
Thank you very much!!!
I can’t really evaluate that, as I do not know the case. You have to show hardship to your US citizen children (or other qualifying relatives), and so if the children have physical disabilities, learning challenges, psychological issues or something else, that may make you a stronger candidate for Cancellation of Removal, and so maybe you want to wait. However, if the main hardship to the children is the same hardship you will suffer in your asylum case (i.e., they will suffer because you will be persecuted), then there seems little reason to wait, as your Cancellation case will only win if your asylum case is likely to win, and since asylum is generally better than Cancellation, you may want to push for a decision (asylum is better because even if the judge grants Cancellation, there is a very long waiting period before you get the GC, at least 3.5 years). I wrote about ways to try to get a decision on June 2, 2021, and if that fails, you might consider a mandamus lawsuit. Take care, Jason
Greetings Jason, I have approved asylum recently, and I need to travel to see sick family member in a third safe country, that’s not where I fled from. I applied for a refugee travel but it seems the processing will take more than a year.
I then applied for my country of prosecution passport through their online service and they mailed it to me via their embassy in DC. I wanted to ask if there’s a risk if I go ahead and apply for emergency advance parole and travel with my country of prosecution passport? It seems the emergency advance parole is quicker and easier tot get that then expedited travel document.
I do not think AP is what you need. AP is for people with a pending application and not for people who already have asylum status. You can try to expedite the RTD – I wrote about expediting in general on January 29, 2020, and about traveling with your passport on May 25, 2022. Take care, Jason
I like the number 4: so sue me.lol
Thank you. Please do not sue me…
I notice those “group that support LGBT asylum seekers” tend to be lawyers of lower quality.
Asylum expert lawyers tend to not be very vocal in terms of their support of lgbt asylum seekers. But instead, asylum expert lawyers tend to be prominent in cases like religion or political opinion cases…according to my observations…
I do not know where you get your observations, but we see the large majority of LGBT cases getting approved. Take care, Jason
[redacted]
This non-profit claims to “an NYC-based non-profit organization, founded in 2021, with the mission of providing resources for transgender and non-binary asylum seekers to escape from their home countries, where they face persecution, and resettling them in countries that are safer for TGNB communities. By the time Trans Asylias received 501(c)(3) status in August 2022, eight transgender asylum seekers had already been relocated—relying solely on donations, volunteers, and the hard work of our small team. ”
The staff, none of them appear to have gone to law school, none of them appear to have immigration legal credentials with the DOJ. Their weird hairstyle and appearances, that is outside of norm…I’d be kind of worried that if they dress like that and accompany me to asylum office or immigration court…I don’t think asylum officers and IJs will appreciate such dress code…
So, I don’t think I will get a lot of quality help by going into this type of organizations…
I redacted the web site, as I cannot have such info posted here, since I know nothing about this organization. Take care, Jason
This organization does not provide legal representation.
The fact that they don’t provide legal representation but exist as a pro-lgbt organization is a disservice.
Because, when people look for resources, asylum seekers, they will find this organization. And only after invest sometime with them, only to find out … they don’t provide legal representation…so these asylum seekers need to go somewhere else to find. I mean asylum seekers are people with limited resources…none of us have the time and money to run around these…inept organizations…
If they couldn’t provide good legal representation to lgbt asylum seekers…then …they should not exist…
There are many excellent organizations that serve asylum seekers but do not provide legal services – organizations that help with medical needs, social services, resettlement support, etc. Take care, Jason
“An Example”, it’s 2025, try something new. You are like one of those annoying bots on Instagram and other social media websites that just simply won’t go away. I’m pretty sure you are an internet bot.
Did I say anything wrong ? I feel the most important needs for lgbt asylum seekers are legal representations. If they cannot … provide…then it will be a waste of my time…when I search for advocacy organizations, it will pop up and it will require me to spend time and/or money to engage…only to find out that they don’t provide legal representations…
I think asylum seekers have limited time and money to spare…if they want legal representations, they need to have a way to obtain it efficiently.
https://www.dzubowlaw.com/
By contrast, here is your law office website. It’s serious, it looks professional. And the appearances of 3 lawyers listed, I know for a fact, won’t make asylum officers and IJs question the dress codes.
All of the 3 lawyers have gone to law schools, and have legal credentials. and all seem to have great experience…but…unlike transasylias…your website’s asylum column doesn’t mention anything about trans or gay or lgbt people, but does mention “well-known diplomats, journalists, human rights workers, and political activists.”
So lgbt asylum seekers dilemma is: Good quality lawyers not specialize in lgbt asylum cases, those who specialize lgbt asylum cases are not very good…
I am glad your office see large majority of LGBT cases getting approved, that’s great. But sometimes, I always wonder that, it could be that those LGBT cases could be approved anyway, even without a lawyers’ support. Those approved LGBT cases could be inherently strong. But some LGBT cases are more like 50-50. So if a good quality lawyer, who happens to be not very specialized in lgbt asylum cases, was assigned a 50-50 lgbt case. I am concerned that, despite good representation, the asylum seeker will still miss the mark eventually and get removal order.
Hello Jason ,
I applied for asylum in 2016 & was approved in April 2024 I applied for AOS in October 2024 , when do you think I ll get the GC approved ?
I have seen most such cases take 1 to 2 years, but we do not know if things will slow down under Trump. Take care, Jason
I suppose asylum advocates could do something to help non-traditional asylum seekers ? Like gay or trans asylum seekers ?
There is lack of support for these group of asylum seekers…from asylum advocates…according to my observation…
Sometimes…I feel…it’s due to … discrimination… correct me if I am wrong…
There are a lot of groups that support LGBT asylum seekers and such cases tend to be approved. I think the Trump Administration does not like “particular social group” as a protected category, but at least last time, while they tried to limit PSG, that mostly did not affect LGBT asylum seekers. Take care, Jason