This post is by Shelby Negosian, a third year student at Washington University in St. Louis, who is studying Environmental Analysis with a double minor in Legal Studies and Geospatial Science. She is interested in environmental tort law, and has a particular interest in environmental justice and immigration.
The intersections between environmental and immigration law are perhaps not immediately apparent, but these intersections are real and ever more prominent under the Trump Administration.
The number of internally and externally displaced people has been increasing exponentially. The United Nations High Commissioner for Refugees (UNHCR) found that there were over 117 million displaced people in 2023. In a single decade, the number of refugees tripled from 11 million in 2013 to 37 million in 2023, and is only expected to increase due to climate change. While climate change–through disaster, hunger, and conflict–is forcibly displacing people, legal systems are not keeping up.
The United States is the single largest contributor to climate change, accounting for 17.24% of greenhouse gas emissions from 1851 to 2023. Under President Trump, these numbers are poised to get even worse, as the President plans to roll back landmark environmental legislation, invest more in fossil fuels, and gut regulatory agencies, such as the Environmental Protection Agency.
Unsurprisingly, damage from climate change is concentrated in the poorest, most vulnerable parts of the world. In 2010, Haiti experienced a 7.0 magnitude earthquake that killed approximately 300,000 people, injured another 300,000, and left over one million homeless. Approximately 60% of the nation’s administrative and economic infrastructure was destroyed. A month after the Haitian earthquake, Chile experienced an 8.8 magnitude earthquake and a tsunami. However, only 500 were killed and destruction of property was limited. The difference? The level of vulnerability.
The United Nations Office for Disaster Risk Reduction (UNDRR) distinguishes hazards from natural disasters, “A hazard can only become a disaster once it impacts on society or community. A hazard is natural, disasters are not.” Hazards are natural and oftentimes unpreventable. But disasters are the social effects caused by these hazards. And this is why Chile experienced less of a disaster than Haiti. Chile had strict building codes that ensured its buildings were properly reinforced, and a robust support network that allowed the country to more quickly recover. In contrast, Haiti had staggering socioeconomic vulnerabilities leading up to the earthquake, which exacerbated its effects.
The International Governmental Panel on Climate Change (IPCC) has found that natural disasters are rising in frequency, intensity, spatial extent, and duration due to climate change. Human-made mechanisms are increasing the frequency and strength of “natural” disasters. But these natural disasters are not equally distributed across the world. The IPCC clarifies that the development pathways of various nations will determine their vulnerability to natural disasters. Specifically, lower-income countries disproportionately face a higher risk of climate disasters.
Sadly, the countries most responsible for climate change are turning away climate refugees. On July 1, 2024, a U.S. federal appellate court denied asylum to Roni Cruz Galicia based on his membership in a “particular social group” of climate refugees from Guatemala, holding that “climate refugee” was not a legally cognizable term. See Cruz Galicia v. Garland, No. 23-1910 (1st Cir. 2024). Additionally, in January, the White House proudly revoked Sec 5. Executive Order 14013, Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration. This executive order, issued by President Biden, bolstered refugee resettlement programs through the United States Refugee Admissions Program (USRAP). The order funneled federal dollars to USRAP, assisted humanitarian support, and helped ensure that vulnerable populations, including women, children, and sexual and gender minorities, received enhanced and targeted support. The intersectionality that this initiative represented and the acknowledgement that assisting refugees is a fundamental aspect of United States foreign policy is now being dismantled by the current administration.
UNHCR has identified climate change as a contributing factor to the refugee crises because it facilitates the “spread and severity of new and re-emerging diseases; food insecurity and famine; increasingly scarce habitual land and potable water; exposure to exploitation and trafficking; as well as to human, material, economic or environmental losses, including lost incomes, homes, livelihoods and even lives.” Confronting climate inequities and providing sanctuary to climate refugees are mechanisms to invest back into the community and build up infrastructure to combat climate change. UNHCR, as well as the Center for Gender & Refugee Studies, has offered legal guidelines for climate refugees seeking resettlement or asylum. To withstand climate change, our country needs to build up these legal systems and invest in our infrastructure.
As it stands, the United States has offered no meaningful method of relocation from climate disasters, despite exacerbating the problem. Immigration policies must be more inclusive and comprehensive to encompass the growing number of climate refugees. This administration needs to recognize the inextricable nature of immigrants and refugees to the history of our country, rather than vilifying and deporting the very people we have a duty to protect. There needs to be a policy framework to protect vulnerable communities in the environmental and immigration law sectors. For starters, “climate refugee” should be recognized as a legally protected group. A well-founded fear of persecution must include natural disasters, which are socially constructed and disproportionately impact marginalized communities. The federal government should invest in resettlement programs and loss and damage infrastructure, support organizations that provide on-the-ground assistance to refugees, and confront the intersectionality apparent in forced displacement. But the most important step to combating the exponentially increasing rate of climate refugees is to divest from fossil fuels. The sectors of immigration and environmental law are inseparable. The current administration may not rise to this task, but eventually, the task will rise to us.
Hi, for asylum affidavit, can a friend who observed the harm from home country (Ethiopia) write their statement (witness statement) in English or it should be in the local language and translated and notarized in the US? Can they attached their copy of their passport or it should be the local ID and should be translated in the US. Do you ever accept English statement from home country? I was told it may raised question of credibility
If the person speaks English, they can write in English. If not, they should write in their own language and you can submit that with an English translation and a certificate of translation (if you need info about the certificate of translation, I wrote about that on August 24, 2017). They can use a photo ID – whatever is a legit ID is fine, though for example if the person attended university with you, they might want to include the university ID to prove they were there at the same time as you. Take care, Jason
Hello Jason,
I am an ex-asylee now a US citizen for 8 years. My husband is a GC holder. I have a question about the current plain-clothes masked ICE agent raids. I’m genuinely curious how someone would know if they are actually federal agents or robbers or kidnappers? With crime increasing, I am sure someone is going to do this or maybe is already doing this. I heard that they just come in and don’t show their badges or warrants. I am worried that someone might claim to be ICE looking for my husband or myself and knock on the door, but they might actually be criminals. I think it will get worse if someone claims to be a federal agent on a public street and assaults people or kidnap them. I want to know from a legal point of view how they can be differentiated?
Good question. At least for your house, you do not have to let people in without a warrant (which I suppose could be fake). You might want to look at a “know your rights” document – the ACLU has a good one, which let’s you know what rights you have on the street, in your home, and elsewhere: https://www.aclu.org/know-your-rights/immigrants-rights
Take care, Jason
Hello Jason. Thanks for your reply. I went over the ACLU documentation, but the document implicitly assumes that the encounter is with ICE or police (law enforcement) and then instructs what you can do. The problem is, how do we even know that the encounter is with law enforcement if they fail to show their identification or warrant? Like, imagine a hypothetical scenario where you are in a parking lot and a bunch of plain-clothed men and masked suddenly accost you, claiming to be federal/ice agents, and ask you not to resist and push you into an unmarked car. To be honest, this is no different from a kidnapping that happens in a 3rd world country. As a lawyer, what is the specific legal recourse to force the agents to identify themselves?
I am not sure how you can force them to identify themselves, and it seems to me that without showing their ID and a warrant, it is a lawless situation and there is a risk of criminals pretending to be ICE agents. Of course, criminals could also have pretend IDs and badges. Aside from asking to see a badge and warrant, I am not sure what else you can do. Maybe call a friend or a lawyer if you are in this situation, if you have a chance to do so. When the government acts this way, I am not sure what is the defense. Take care, Jason
Hi Jason,
Is it standard procedure for an asylum applicant to be asked to return to the immigration office to collect a decision after their asylum interview?
Thank you
As per official USCIS website: “In most cases, you will return to the asylum office to pick up the decision 2 weeks after the asylum officer interviewed you.”.
You are lucky if you were asked to go pick up the decision. Many people wait for months and sometimes years until USCIS finalizes decision. People use mandamus action to get decision sometimes.
Thank you very much for that information. Much appreciated
Yes, that is common, though in many cases, they call you and tell you that the decision is not ready and that they will mail it . Take care, Jason
Thank you for your quick response, much appreciated.
What is happening in USCIS Arlington office. only in the month of April, 7 people who I know scheduled for interview for May. All of theme applied for asylum in 2015 and 2016. Did they hired officers or what’s happening? If are they planning to deport when they came for interview?
I think officers who were previously doing work at the border have been freed up to do affirmative cases. Also, they are making officers do more cases per week. I wrote about these issues in a post last week if you are interested. Take care, Jason
I-485 permanent resident application is being processed with a somehow… delay. Applicants are derivative asylees. Applied on March 2024 approved on April 2025. We submitted the RFE late, a little before the deadline.
Thanks,
This is awesome!!what was rfe for?medical? What country are you from?
It lookls like people getting their GC, so idk what paused and if smth is paused… did you get interview?
This is great! did you do anyhting to get your Greencard? did file for Mandamus?
Mike,
I did nothing except reminding them that the case is pending beyond the processing time. The applicants are my wife and kids as derivative asylee. I was the principal applicant years ago. RFE was for vaccine (medical).
Thanks
Due process, which is considered one of the basic principle of democracy, is repeatedly violated by the current administration. You will often hear self-proclaimed conservatives making arguments like: “They are not entitled to due process because they came here illegally” or “Aliens are not entitled to due process.”
If executives get to decide who gets the process and who does not, it is not called due process, better call it prerogative, which is not defined in the constitution at all. There should be no room for the distortion of due process. It doesn’t matter if you like it or not, it has to be followed rigorously, word for word. It is the most authoritative document which dictates how this country ought to be run. You can propose an amendment if you wish, however, if the amendment is not approved you are still obliged to follow the established principles, and you should be punished and barred from future offenses.
It is astonishing that there are so many in this country who would only follow the constitution to their own advantage. It is almost always how the government achieve extensive overreach to become more authoritarian and oligarchy. We may argue if US is a democracy or a republic by definition. With the unrestrained expansion of authoritarianism, the precedent of the citizens united ruling, average Americans may experience diminishing political power and representation.
“It is astonishing that there are so many in this country who would only follow the constitution to their own advantage.” I agree with this, but it is a sad reality in our country. The smallness of only being able to see your own side of the argument and not consider that others have valid points of view and experiences is very damaging to our nation. I am not sure what is needed to reverse course on this trend. Maybe the current Administration’s clear overreach and cruelty will sway some people. Whether that will cause the situation to improve, I really do not know. Take care, Jason
I also want to offer my thoughts regarding the the saying “positives immigrants contribute to the economy”.
In my opinion, immigrants need United States more than United States needs them…
In praising immigrants positives, republicans and conservatives will feel offended (even though they may not be righteously offended) and turn out to vote for Trump…I see this happen with racial topics, you shame white people for discriminating blacks and those working class whites will turn out to punish those rhetorics. I know racists and xenophobes have a lot of learning to do. But unfortunately, we should first elect a politician first to be able to have them do the learning. We first need to win and then we can govern. Don’t preach before winning elections.
In addition, I don’t think this line of “immigrants work jobs that no white people would work for” plays too well…Yes on one hand, it highlights the necessity of immigrants to the country…But in a way that relegates immigrant workers as…lower class…than American workers… as if they are confined to work on low paying service jobs…that is meant to be at service of Americans…I mean…this doesn’t sound very endearing to me.
So “positives immigrants bring” line to me, is a losing tactic…at least it doesn’t do anything. It’s useless…
But, if I eliminate this, what can I do counter those anti-immigrant, anti-asylum rhetoric without mentioning “immigrants contribute to U.S. economy” ? I feel like in the topic of immigration and border. Republicans have a lot of talking points…like a lot of…but what talking points do we have ? please illuminate. We cannot fight them without ammunition…
There is no simple answer, but I think the stories of immigrants – why they left and chose to come here, and what they do here – is a powerful tool in the debate over whether such people are good for America. I wrote more about this on March 28, 2018. Take care, Jason
My action is important.
I remember back in July last year, I expressed my doubt over Kamala Harris. I kind of feel that she couldn’t win or at least it’s gonna be very difficult…But I had no choice but support because she was the emergency candidate…
Now…I want to do something that I can do boost the next dem nominee…the question is, who should I put my resource on…
Should we go the Bernie/AOC/far-left or go with the moderates, like Whitmer/Shapiro/Buttigieg ? What do you think ? I know it’s up to the voters, but I just want my support for a candidate is well utilized. I want to support the eventual winner.
What do you think ? Which democratic politician can win ? which democratic politician has a good immigration policy that is beneficial for asylum seekers but not in a way that’s very offensive to the point that they drive Trump people to turn out to vote for JD Vance ? Please illuminate.
Replying to My Action,
As an asylum seeker I have no say on US election. I stand neutral. My case has been pending both in first Trump administration and last Biden administration. So both parties are the same to me. Personal I don’t even have a means to back one or the other candidate as I am not even US citizen. So I don’t have anyone to support either in Democrats or Republican party.
Have a great day
And asylum seekers should do what they can to prevent the party who is worse to asylum seekers from coming into power…
I think it is too soon to have an idea about this. We don’t know how things will look in a few years (or even a few days), and so it is hard to predict. I think if people are donating money, it makes sense to donate to legal services organizations that defend immigrants’ (and other people’s) rights, as opposed to a particular candidate. That may change as we get closer to the next election, or in states where elections are coming up, but that is how I see it for now. Take care, Jason
okay
Hello jason,
Im so confused now!!! How much should i send for USCIS to renew my RTD? Total $165 or $165 plus $85 for biometrics? I’m over 16 but the i-131 fees got me confused
It is very confusing. For the RTD, if you are an asylee (someone who got asylum in the US) and over 16 years old, the fee is $165. If you are a refugee (someone who was resettled in the US as a refugee), there is no fee. Take care, Jason
Hi Jason,
I know that USCIS, DHS, and all relevant organizations are actively monitoring the comment section, and I would like to send a direct message to those agencies.
I am writing regarding my pending green card application based on asylum, which has been awaiting adjudication for several years. USCIS is currently refusing to process all green card applications based on refugee or asylee status, effectively removing these categories from eligibility for adjudication until further notice. This blanket and indefinite collective BAN appears to contradict existing federal law, as enacted by Congress.
As established in Article I of the U.S. Constitution, only Congress has the authority to make laws. The decision by DHS / USCIS to collectivelly BAN Asylum/Refugee based adjudication seems to bypass that constitutional authority.
My Congressman’s office reached out to USCIS on my behalf, and this was the response they received: “USCIS records indicate that “My Full Name”‘s case is pending at the “USCIS Field Office’s Name”. Processing of all Asylum / Refugee based I-485 cases adjustment of status cases is currently on hold. Once processing of these cases resumes, “My Full Name”‘s case will be adjudicated as expeditiously as possible under applicable laws, regulations and policies.”
My lawyer recommended either filing a Writ of Mandamus or initiating a Class Action lawsuit to move the case forward. I don’t understand why we are forced to pay $5,000–$10,000 every time we simply try to seek justice. If the United States no longer wishes to welcome refugees or asylees, then Congress should be honest and pass a law stating so. This ongoing rhetoric portraying every asylum seeker or refugee as a criminal, terrorist, killer or thief is not only offensive—it contradicts the core values that America stands for. I’m even afraid to speak these words in public, because increasingly, it’s hard to distinguish the behavior of the “Democratic Government” from what I witnessed in Authoritarian Regimes.
Finally, as ancient wisdom teaches, “It is better that ten guilty persons escape than that one innocent suffer.” This principle is deeply rooted in many decisions of the U.S. Supreme Court and other U.S. courts, reflecting the importance of safeguarding the innocent.
I hope the decision to lift the collective BAN on refugee/asylum-based I-485 Adjustment of Status applications will be made as soon as possible.
We ended up paying to 6k to get Asylum Interview, and now after 14 months we might need to file a lawsuit again. People these days fears to file lawsuit due to fears of government retaliation.
Normally, if you file a mandamus lawsuit, you get a schedule for an interview and a decision, but maybe that is not what happened here. In terms of retaliation, for what it’s worth, I have not seen an example where the person sued the government and then the government retaliated against them, and so I think (and hope) that that rarely happens. Take care, Jason
Well said. Take care, Jason
I currently hold Temporary Protected Status (TPS) and would like to know if it’s possible for me to change my status to either H1B or F1 while remaining in the United States, without having to travel abroad.
I would appreciate your guidance on the following:
Is it legally possible to change from TPS to H1B or F1 from within the U.S.?
If yes, what are the requirements or risks I should be aware of?
Would having a previous lawful entry or advance parole make a difference? I have asylum case of addiction of TPS and work permit .
Thank you for your time and assistance.
Best regards
I think it may be possible, as long as you entered the US lawfully. However, it is not something I know much about and there have been some changes to the rules related to TPS and adjustment of status (which should be similar to rules related to TPS and obtaining a new non-immigrant status). I would talk to a lawyer who has done such cases before to see whether they can assist, as these cases can be fact specific, plus there may be updates to how this works that I do not know about. Take care, Jason
Hello Jason. Have you had any clients applying for naturalization based on approved asylum since the new adminstration took over in January 2025? Any negative stories you have heard? please share.
I can’t think of anyone specifically, but I have not heard about any problems for my clients or other former asylees. When a person naturalizes, USCIS usually looks closely at prior applications and so you have to be careful to be consistent with prior statements to the government. I wrote more about this on December 2, 2020. Take care, Jason
I contacted USCIS to inquire about the pause on asylum based green cards and here below their response. This is so crazy that we are still being treated like trash in this country. USCIS Contact Center Agents cannot predict when any pauses on applications will be lifted/removed. We recommend that you consult with an immigration attorney or a representative from an accredited community-based organization (accredited by the Board of Immigration Appeals). You may also be able to obtain immigration-related pro bono (free) legal services. The U.S. Department of Justice maintains a list of pro bono legal service providers available in a state or territory on their web site at http://www.justice.gov/eoir/probono/states.htm.
This sounds like a standard (and useless) response. I think we will just have to wait to see how things develop, but I agree with you that asylum seekers (and many others) are being treated very badly. That was always the case for asylum seekers, but it is worse today than ever. Public sentiment (as measured by a recent poll) is turning against the cruelty of the immigration crackdown. Whether that will cause the government to ease up, I doubt, but here’s hoping. Take care, Jason
Good morning Jason,
Do you know how long it is currently taking for a case to be scheduled for interview once they are approved by USCIS? USCIS advised me to wait for 8 weeks before the Embassy could reach out to me though it didn’t use to take this long. Also, with the King pausing the processing of asylum based green cards, will embassies keep processing form I-730? On March 6, 2025, we transferred your Form I730, REFUGEE/ASYLEE RELATIVE PETITION, Receipt Number SRC2425*********, as part of standard processing. Form I-730 Asylee Petitions are transferred to USCIS International Office or DOS Consulate Office in the country of your beneficiary’s physical residence. That USCIS office or the National Visa Center will provide you with instructions regarding the beneficiary’s interview
For an I-730 consular processing, I think the wait times vary a lot depending on the embassy, and it is probably too soon to worry. You can Google the US embassy for the specific country and you should be able to find an email address on their website, and then you can try to email them. Sometimes, they do respond, so it is worth a try. Take care, Jason
Hello Jason
“I’m an asylee with a pending green card, and I have a Refugee Travel Document (RTD) that expires in January. I’m planning to use it in June, so I’m within the validity period. I also have a valid passport from my home country, which I renewed 6 months before my asylum interview and presented to the asylum officer. My asylum case was based on persecution by guerrillas, and the government couldn’t protect me.
I have two questions:
1. Can I use my passport to travel to a third country and then return to the US with my RTD?
2. My husband is a derivative asylee from a different country than mine, and he also has an RTD. Can he use his passport in the same way as me?”
1 – Yes. You may need to explain why you used the passport, but since you do not fear the government, that should be easy to do. I wrote more about this on May 25, 2022. 2 – Yes. It should be no problem for him to explain using the passport, as he is from a different country and so there should be no issue. Take care, Jason
Hi Jason,
Thank you for all that you do for the community, and thank you for taking the time to answer my long question.
I have a few questions regarding my mother’s situation. Due to illness, she developed a mental incapacity and was not receiving proper care in her home country because of her religion. I brought her to the U.S. and became her legal guardian, as she is unable to communicate or care for herself. I filed an asylum application on her behalf, signed the application, and included my legal guardianship documents. I am a U.S. citizen who was granted asylum myself.
Here are my questions:
1. Is there anything wrong with applying for asylum on her behalf as her legal guardian?
2. Since she cannot answer questions, I would be the one speaking during her interview. Would that affect me in any way? Would they ask me questions about my own asylum case?
3. Would it be better to pursue a green card for her instead of continuing with the asylum process?
Thank you again for your help
Hi Jason,
Thank you for all that you do for the community, and thank you for taking the time to answer my long question.
I have a few questions regarding my mother’s situation. Due to illness, she developed a mental incapacity and was not receiving proper care in her home country because of her religion. I brought her to the U.S. and became her legal guardian, as she is unable to communicate or care for herself. I filed an asylum application on her behalf, signed the application, and included my legal guardianship documents. I am a U.S. citizen who was granted asylum myself.
Here are my questions:
1. Is there anything wrong with applying for asylum on her behalf as her legal guardian?
2. Since she cannot answer questions, I would be the one speaking during her interview. Would that affect me in any way? Would they ask me questions about my own asylum case?
3. Would it be better to pursue a green card for her instead of continuing with the asylum process?
Thank you again for your help and guidance.
1 – I don’t think so, and you should be able to attend the interview to assist. 2 – I doubt it would have any negative effect on you unless they thought you were trying to do something fraudulent. 3 – I do not know your situation, but this seems like the better option. As you are a US citizen and (presumably) over 21 years old, you can file to give her a GC, as long as she entered the US legally and has no disqualifying issues. Take care, Jason
Hi Jason ,
I need an advice. I won my asylum case last month and wanted to petition my husband who is overseas. The only issue is that we were here together but when they did election back in my country he went back thinking things will change. Unfortunately they didn’t and he couldn’t come back . My question do you think I need to wait to become citizen and petition him or I can do it with my asylum status . He didn’t overstay he just return back . And I’m concern they will reject the application
I don’t see why they would reject the application to bring him here. You would file a form I-730, available at http://www.uscis.gov. You have to file that form less than 2 years after receiving asylum, and the process probably takes a year or two. I am not sure they would even ask him about why he returned, but they could, and so he should be prepared to explain that. Take care, Jason
Thank you I’m filing it now ,
Hi Jason,
I’m asking this question on behalf of a friend. He filed for asylum a few months ago after entering the United States with his wife and children. He does not have a lawyer yet. He might be interested in talking to you.
His wife was also an activist, but she didn’t file a separate asylum application at the time. However, the situation in her home country has changed significantly. The entire leadership of the organization she was involved with has been arrested, and some of her relatives were killed after she entered the U.S.
Since her husband already filed for asylum, is she still able to submit her own separate application now? And how might this impact her chances or the process overall?
Thanks for your help.
Max
She can submit her own application, though I believe she would have to mail it to the Asylum Vetting Center – see the Special Instructions on the form I-589 web page at http://www.uscis.gov. She can also list her husband and children as derivatives. When one spouse gets scheduled for an interview, the Asylum Office might ask the other spouse to withdraw their case, and so at that time, whoever has the better case can ask to go forward. I am not certain that they will have a choice in the matter, but they can ask. Take care, Jason
Hi Jason,
I have an interview for green card through employment in 6 weeks, they also sent notices for my wife and two kids as well.
Is it recommended to go without attorney or not.
Also my path was too long through Asylum ( still pending without interview for 10 years) then tps then I485 employment based.
Any thoughts.
Thanks for your time.
If the employment case is complicated, it would not hurt to have a lawyer review the case beforehand and attend the interview with you. I suppose if you are confident about your eligibility to get the GC, and are not worried about any bars or periods out of status, you can probably do without a lawyer, but at least I would have a lawyer review the case before the interview to look for any issues. Take care, Jason
I have an RTD that expires in August . Is it safe to travel out of the country with it?
Leah most of the countries and airlines require for passport or RTD to have minimum of 6 months of validity, I personally would not travel in that case
Potentially, you could use your passport to enter the country and your RTD to return to the US. It is not ideal, but I wrote about that on May 25, 2022. Take care, Jason
I do not know whether the country you want to visit will accept the RTD, but for purposes of returning to the US, as long as the RTD is valid, you can re-enter. Take care, Jason
I just traveled last month to Italy without visa with valid RTD til July
U are okay
I have been thinking for almost a decade this question.
If not for the Comey letter on Oct 28th, 2016…could things have been different…I have no doubt that if Hillary Clinton were president, asylum community would not be in current dire situation…
Right now, it seems that the asylum community cannot find their way out of MAGA…am I right ?
Ultimately, is Jim Comey the original sin ? His letter, changed many people’s life…is it fair for me to say that ?
Hi Jason and everyone!
Thank you for all the helpful posts, I’ve been a silent reader and I have an update after 10 years!
I applied in 2015 and was stuck in the backlog until now. I tried expediting and involving my representatives several times to no avail. I did send a letter of intent to file mandamus late 2024, but received no official response and did not file the suit, I got a notice for interview late March, which I don’t know if it was related to the letter of intent or just they got to me in the queue.
I had my interview last week at the Los Angeles office, the officer was very nice and the whole thing was pretty straightforward. I was told they will mail the decision to me.
The officer told me she believed me, so I’m hoping for an approval 🤞 and a quick one! 10 years of waiting is more than enough.
Anyway, hopefully I will come back soon with more good news, and I really hope people who are stuck like me for so long will get their interviews soon as well!
Many people are getting interviews these days, and so it is a good idea for everyone to gather their evidence and be ready. Thank you for sharing the news and good luck with the decision. Take care, Jason
Hello Jason
I am an Asylee principal ( GC pending)
I meet My husband here in the US, He entered with B2 visa as a minor and overstayed for more than 20 years, he is an Asylee too. ( derivative)
I expedite Our Refugee Travel because my father has a brain tumor and he will doing a treatment in a third country.
We would like to travel ( recently a cousin travelled without any problem)
The thing is my Husband has a few traffic violations
Driving with DL ( dismissed)
Reckless Driving reduce to improper driving ( was an accident he wasn’t speeding or intoxicated)
1 speed ticket
All these in a 20 year length.
1. Any problem to travel with RTD ( no gc yet) for overstaying a visa before asylum granted.
2. Are traffic violations can cause problems to re enter, we are in Virginia.
Thanks 😊
reckless driving and speeding could seriously endanger other pedestrians.
I don’t know why you feel your husband deserve…essentially an immunity in immigration process.
Traffic violations should be severely penalized. And I personally believe that people who have traffic violations should be rightfully removed.
I specifically said Virginia because unfortunately when you have an accident always will be reckless driving, his car hydroplane he was driving early in the morning to go to work and accidents happens, that’s why the charge was reduced.
Speed tickets he was driving 31-25 and go pull over Virginia is seriously strict about driving.
Driving without License our autistic kid elope and he was driving looking for our kid and forgot wallet at home
If you don’t know the specific situation you shouldn’t talk shit
The only one that might be of concern is the “improper driving.” I do not know what that means or what type of conviction he has. I doubt it will be a problem, but it may be worth having a lawyer look at the “disposition” (final outcome) of the case to see whether there is any reason to be concerned. Take care, Jason
Hello Attorney Jason,
Thanks so much for all you do. I am from Cameroon. I suffered persecution under the wicked president of Cameroon and I escaped from Cameroon by the special grace of God. I got in through the Mexican border in 2023, was inspected and then released into the USA. I was told that I was going to be referred to Immigration court and till date my case has never been sent to court but some
People who came with me were sent to court. I met a friend who advised me to apply for Affirmative Asylum in 2023 and I did. I later on got a 5 year work permit and also applied for TPS as a citizen of Cameroon. They approved my TPS after one year!
1) DHS Has indicated that they will not renew TPS for Cameroon. Will I be in trouble once TPS for Cameroon expires in June 2025?
2) I have a feeling that after TPS expires they might just ask me to leave, what can I do in such a situation?
3) I work a county job right now, will that count if I were to go for an Asylum interview?
Thanks so much sir
1 – You should be ok since you have a pending asylum case and a work permit based on the pending asylum. 2 – You will continue your asylum case. 3 – It is probably not relevant, but it does help show good moral character, which is a requirement for asylum (though in general, this is easy to prove). Take care, Jason
Hi Jason, is it true that USCIS stop all the green card applications from asylees? I cannot find that published on the USCIS or DHS website. If it’s true, could the applicants make a lawsuit against this?
Best,
Steph
@Steph: There’s been no official communication about the reported halt in green card processing for asylees. At least one NGO is pursuing legal clarity on this. Agree that Jason should write a blog post about it.
https://immigrationimpact.com/2025/04/23/trump-stopped-processing-green-cards-asylees-refugees-foia/
There were some news articles about it, but there is no official announcement, at least none that I have seen, and we do not know who is affected or how long the “pause” is meant to last. Take care, Jason
Hi Jason,
If someone’s asylum case has been approved at the FO and they have applied for a RTD and it hasn’t been issued yet but something comes up and they have to travel to a 3rd country ASAP, what do they do? Do they apply for an emergency advance parole? They have travelled before to a 3rd with an EAP, with their country’s passport since their asylum case is not against the government.
I wouldn’t risk applying for AP now since you have asylum granted. The best way is to expedite RTD and it takes 24-48 hr if done right. I’ve done it multiple times and expedited process is pretty simple and fast.
The problem is before you were “asylum pending”, now you are an asylee….
Also, there is a catchy part with AP for asylees when you enter the US on AP as an asylee they PAROLE you rather than let you in as an asylee…
I got this info from USCIS adjudication book….idk the consequences and if that matters, maybe Jason can explain that better.
Can you technically apply for AP ?yes….but the right document is RTD
@EMERGENCY AN
Thank you for the response, I appreciate. I will will take note on that.
I think you would have to try to expedite the RTD. I wrote about expediting in general on January 29, 2020. AP is not the appropriate document, since that is for people with a pending case and an RTD is for people whose asylum has been approved. Take care, Jason