A new Memo from the Executive Office for Immigration Review (EOIR, the office that oversees our nation’s Immigration Courts) allows Immigration Judges to “pretermit” (deny) asylum cases without a hearing if the applicant has failed to state a claim for protection. What does this mean? And how can asylum seekers in court protect themselves from having their applications pretermitted?
Before we get to that, let’s look at why EOIR is adopting this new policy. According to the Memo, because there are nearly 4 million cases in Immigration Court, judges need to “more efficiently manage their dockets.” To do this, EOIR states that Immigration Judges (IJs) should take “all appropriate action to immediately resolve cases on their dockets that do not have viable legal paths for relief or protection from removal.” Thus, where the facts set forth in an asylum application–even if accepted as true–would not qualify the applicant for asylum, the Memo states that IJs should dismiss the application and (presumably) order the asylum seeker removed from the United States.
At least in my reading, the legal basis for the EOIR Memo is questionable. The Memo states that “Current regulations require a hearing on an asylum application only ‘to resolve factual issues in dispute.'” The italicized language is from 8 C.F.R. § 1240.11(c)(3). However, when we look at the full quote of that section in context, it does not seem to mean what EOIR says it means:
Applications for asylum and withholding of removal so filed will be decided by the immigration judge pursuant to the requirements and standards established in 8 CFR part 1208 of this chapter after an evidentiary hearing to resolve factual issues in dispute. An evidentiary hearing extending beyond issues related to the basis for a mandatory denial of the application… is not necessary once the immigration judge has determined that such a denial is required.
In other words, the IJ cannot deny an asylum application until “after an evidentiary hearing to resolve factual issues in dispute.” Indeed, the second sentence of the above quote implies that there must be an evidentiary hearing, but that hearing can end once the judge determines that denial is mandatory.
EOIR reads this same language to mean that an evidentiary hearing is only needed if there are factual issues in dispute. This interpretation seems designed to arbitrarily deny cases where the applicant failed to include sufficient information on the asylum application, Form I-589. As I read it, the purpose of the regulation is to ensure that a valid case is not dismissed simply because the applicant included too little information on the form. The more generous reading makes sense, given that asylum applicants are often pro se (without a lawyer), they are unfamiliar with U.S. law, and in many cases, they do not speak English. Also, many asylum seekers have suffered trauma, which also makes it more difficult to explain themselves on the I-589.
While the legal basis for the EOIR Memo is questionable–and will perhaps be challenged in federal court–asylum seekers would be well advised to explain on Form I-589 why they are eligible for asylum. It is not difficult to state a claim for protection. You can just briefly describe what harm you suffered in the past (if any), what harm you fear in the future, and why this harm is/will be inflicted upon you. This information can be included on page 5 of the I-589 (and also pages 6-8), or in a separate document submitted with the I-589 to the Court.
Maybe it would help to list a few examples of legally insufficient claims that could be pretermitted by an IJ, and to explain why these claims are problematic (these statements would normally appear in the boxes on page 5 of the form)–
- l fear that I will be harmed or killed if I return to my county.
The problem here is that the applicant has not explained why she will be harmed if she returns home. To qualify for asylum, the “why” is very important. You have to show that the persecutor wants to harm you “on account of” (because of) your race, religion, nationality, political opinion or particular social group. If someone want to harm you because they want to steal your money, that is probably not a basis for asylum. If someone wants to harm you because they do not like your religion, that can be a basis for asylum.
- I will submit an affidavit explaining why I need asylum.
While this statement may have worked at one time, under the new Memo, it would be a very bad idea to promise an explanation in the future. You need to provide the explanation at the time you file for asylum with the Court.
- The government harmed me in the past because I was a member of an opposition political party.
The difficulty here is that the person has not indicated that she faces harm in the future. While past harm alone can be a basis for asylum, in most cases, you need to show a well-founded fear of harm in the future, and so you need to state that.
OK. Here are some examples of short statements that should be legally sufficient–
- I was a member of the CUD, an opposition political party. As a result, Ethiopian government agents detained and beat me, and threatened to kill me. I fear that if I return to Ethiopia, I will be harmed again or killed due to my political opinion.
- I am a member of a minority ethnic group, Hazara, and a minority religion, Shia Islam. The Taliban in Afghanistan threatened me because I am Hazara and Shia, and I fear that if I return to my country, they will harm or kill me for these reasons.
- I am gay. In my country, homosexuality is illegal, and I fear that if I return, the government will arrest and persecute me due to my sexual orientation, which is a recognized particular social group. I also fear that members of my family and the community will harm or kill me because I am gay. The government is unable and unwilling to protect me from this harm.
You get the idea. In each case, we describe past threats or harm, discuss why the person fears future harm, and explain the “why.” Statements like these should be legally sufficient to survive pretermition under the new EOIR Memo.
What if you’ve already submitted your I-589 and you fear that it is not adequate? As soon as possible, you should file a new I-589 or a supplemental affidavit with the Immigration Court to correct the problem and ensure that you have stated a claim for asylum.
Ultimately, even under this Memo, IJs have the authority to pretermit or not. While we can hope that most IJs will do their duty and allow cases to go forward, it is important to make sure that you state a legally sufficient claim for asylum. That is the best way to protect yourself from EOIR’s latest effort to increase “efficiency.”
Jason, your blog serves as a window of hope and information. Thank you for taking the time to write them.
This post talks about a memo to the EOIR, but are there any known patterns that would generally transfer policies/memos to USCIS for affirmative asylum folks? My situation got significantly worse after the filing, with family members tried and sentenced, and none of that new information is currently attached to the case. My attorney says we will have time to send in the new evidence between the notice and the interview, but articles like yours make me anxious every time I come across them. I worry that our initial filing might not satisfy the new raised bar to be considered, because none of the updates are in the filing.
Are my concerns reasonable, or am I overthinking it? How different are USCIS and EOIR in terms of their policies on that matter?
Thank you.
I have not seen your filing, but if you explained why you need asylum, that should be enough. Also, unless you filed online, it is really not possible to supplement an affirmative case until the interview is scheduled, as they will likely lose whatever you mail them. It is a good idea to collect your evidence, so you can submit it once an interview is scheduled, since they do not give a lot of notice prior to the interview. Take care, Jason
Is it possible for a Syrian national who currently has Temporary Protected Status (TPS) to adjust their status to a student or work visa in order to enter or remain in the U.S. legally? What are the legal pathways or requirements for such a change
It is possible to adjust status or possibly change to another non-immigrant status while on TPS. It depends on other factors, whether you have a removal order or court case, or whether you might be disqualified in another way. I would talk to a lawyer about specifics, but in many cases, it is possible. Take care, Jason
Hi Jason,
I had my marriage-based adjustment of status interview yesterday, based on my U.S. citizen spouse petition. The interview went quite well overall—the officer, a lady, even gave me a verbal approval.
However, I wanted to ask your advice on one specific point. During the general inadmissibility questions, I was asked whether I had ever been arrested or detained. I answered truthfully that I had never been arrested in the U.S., but I had been detained in Ethiopia due to politically motivated, perceived allegations. I also made clear that I was never formally charged or convicted of any crime.
The officer then asked how many times I had been detained, and I responded “twice.” Later that evening, I reviewed my asylum declaration and realized I had actually been detained only once, for about two weeks.
Do you think this discrepancy could cause any issues? And if so, would you advise submitting a written clarification to USCIS?
Thank you for your guidance.
Hi Jason!
I hope you are having a blessed day and thanks for all you do for us. I’m certain that you have already answered this question but do you exercise in Texas or any suggestions of a great attorney ?
Thanks a lot!
My firm does cases in Texas, but we do not have an office there. If you want us to do the case, you can contact our firm for a consultation. If you want a local lawyer, a place to start looking is here: https://ailalawyer.com/. Take care, Jason
Hi Jason,
I had my marriage-based adjustment of status interview yesterday, based on my U.S. citizen spouse petition. The interview went quite well overall—the officer, a lady, even gave me a verbal approval.
However, I wanted to ask your advice on one specific point. During the general inadmissibility questions, I was asked whether I had ever been arrested or detained. I answered truthfully that I had never been arrested in the U.S., but I had been detained in Ethiopia due to politically motivated, perceived allegations. I also made clear that I was never formally charged or convicted of any crime.
The officer then asked how many times I had been detained, and I responded “twice.” Later that evening, I reviewed my asylum declaration and realized I had actually been detained only once, for about two weeks.
Do you think this discrepancy could cause any issues? And if so, would you advise submitting a written clarification to USCIS?
Thank you for your guidance.
I doubt that will cause issues, but you might want to provide a written explanation just in case. Presumably, something happened to you that you considered a second detention, and you can explain what that was. I really doubt they will go into so much detail on the point, and so probably it will not have an effect, but I also think there is no harm in explaining (assuming there is a good explanation). Take care, Jason
Hi Jason,
I am preparing to apply for a green card based on asylum, but I do not have my birth certificate with me and am facing difficulties obtaining it from my home country. Is submitting a birth certificate mandatory, or is it optional in this case? I would also appreciate it if you could share your experience or insights regarding this.
Thank you!
It can definitely be a problem if you do not have it, and you should make every effort to get it. You can check this website for your country: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html. It lists what documents the US government expects that you can get (whether you can actually get these documents is another question), and if the birth certificate is listed for your country, you should definitely try to get it. If you fail to get it, maybe you can submit affidavits from people who knew you at the time you were born and other evidence, but it is much better to get the birth certificate. Take care, Jason
Hello Joel,
Unless I am wrong or something but asylees are not required to provide USCIS with birth certificates.
Hi Jason,
I am an asylee who is waiting to apply for my Green card in the next few months. I had a question, my brother is planning to apply for a visa to the US for a conference and I was wondering if my status as an asylee will affect him? He has traveled to other countries before but this will be the first time in the US. I am hoping that because he has various ties to our country including a job, that they will be able to see that he plans to go back. Also, he has no interest in living outside our home country.
Normally, a sibling asylum case would have no effect, as he cannot directly benefit from your status, but you never know. He should prepare the strongest case he can, including having evidence that he traveled to other countries and returned home, and that he has connections to the home country. Take care, Jason
Good Morning Jason and Asylumist Family,
I had my green card based on approved asylum since last year. unfortunately yesterday I lost my wallet that has my ID, Green card and my bank cards. I will apply and file I-90 for the replacement of the GC. My question is, as there is pause on green card application if I apply replacement, will the pause effect my application also?
Thank you.
Affoo
I have not heard about that and I highly doubt there is a pause. You are not applying for lawful permanent residency. You are already an LPR. The green card is just evidence of your status and that is what you need, and so I doubt there will be a long delay. Take care, Jason
Hi Jason
My wife came as a derivative asylee. USCIS denied her I-485, saying I needed to file an I-130. I followed their instruction, submitted the I-130, and paid $675. Now I realize that this was a mistake — derivative asylees don’t need an I-130. What are the repercussions of this error, and can I get a refund?
Thanks in advance
The I-130 is a form that asks USCIS to recognize that your marriage is valid, but otherwise, it does not do anything, and so there is no problem for the case that you filed it. I do not know how to get your money back and I doubt you can do that, unfortunately. If she is a derivative asylee and she meets all the eligibility requirements, she should be able to adjust status using form I-485 – there is no other form for that. Maybe you want to talk to a lawyer about the denial to see what went wrong and how to correct it. You might also ask about a refund from USCIS, though again, I highly doubt you will be able to do that (though maybe since you already filed the I-130, she can file an I-485 based on the I-130 petition – you can ask the lawyer whether that might make more sense than filing an I-485 based on her asylum status). Take care, Jason
Hi Jason,
We have granted asylum on May 16 last year, now this about time to file the from i-485, I have few questions:
1) What current pause on i485 means? shall we submit our applications now or not? If we submit, are they rejecting or will be in queue, and process after the pause ended?
2) We are likely to approve for fee waiver for i-485; will filing form i-912 cause any negative impact on our applications?
Thank you so much.
1 – USCIS has not explained what the pause means, who is affected, or how long it will last. I think it still makes sense to submit the I-485 applications, since they should eventually be processed. Alternatively, you can wait to see whether the pause ends, but since USCIS is not telling us much, it may be difficult to know if the pause ends. 2 – I do not think so, though it may cause some additional delay to process the I-912 (or maybe not – that was never very clear and again, USCIS does not provide info about that). Take care, Jason
Hello Jason! Thanks for all you do. I talked to la lawyer last week regarding my partner case. They have their asylum interview coming up and we have a pending AOS. The lawyer said that right now it is getting difficult to terminate removal proceedings in court due to the new administration. She was vague and requesting a large payment for the process. Wanted to know if you heard anything about this process getting more difficult lately! Thank you!
It was easier to get cases dismissed during the Biden Administration. I just filed a motion to dismiss in a case, and so I am waiting to see if there is a response, but I am hopeful that for people who can get a green card from USCIS, the judges will continue to dismiss cases, as it makes their lives easier. Whether the Administration will block that, I do not know, but so far, I have not heard about a policy preventing judges from dismissing such cases. Take care, Jason
Hi Jason,
After receiving an official letter from USCIS stating that the processing of all asylum-based green card applications has been paused and that processing will resume once the ban is lifted, I’m left wondering if I should simply naively wait for the ban to end or if I should proceed with filing a lawsuit.
When I contacted USCIS, they advised me to consult with a lawyer to determine how to proceed, essentially implying that filing a lawsuit might be the only way to move forward with the green card application based on asylum.
Is your office handling Mandamus lawsuits, and if so, what is the typical cost for such a case?
Thank you!
Can elaborate more about OFFICIAL USCIS confirmation about the pause? And what BAN are you talking about?As far as we all know NO ONE knows what is going on , people still get GC approved based on Asylum from different countries. If you have some info, please share with us.
I have not seen any info aside from some news articles. AILA (an immigration lawyers’ association) has filed a Freedom of Information Act request so maybe we will get more info in a few months, or maybe USCIS will actually decide to tell us what it is doing. Hope springs eternal. Take care, Jason
Hey Jason,we appreciate you for all what you do.
My cousin received a new status from USCIS that they have completed preliminary review on her form 1-485 based on granted asylum and transferred it to National Benefit Center early this month they requested for RFE form 1-693 stating the one she submitted with her 1-495 has expired..does it mean anything?
It sounds like they are asking for another medical exam, but read the USCIS letter carefully to be sure. It does sometimes happen that the medical exam expires and then it needs to be done again. Maybe if you use the same doctor, it will not be as expensive to re-do it, since much of it should be the same as last time. Take care, Jason
Hello Gathoni.
I’m in the same situation waithing for interview following initical review. When Your cousin apply for GC In 2023 or 2024? From which service center transfered to NBC?
Thank you
Hello Gathoni,
May I know when you applied for yours? I applied mid 2023 but I have not heard back from USCIS though some people who applied after me got theirs approved. Please let me know because this new is bringing hope back
Hello OH MY GOD
I applied in March 2023. Last month my case transferred after initial review from Texas Service center to USCIS local office for interview. I am waiting for GC interview.
Hello TM
May I know when you applied for yours? I applied mid 2023 but I have not heard back from USCIS though some people who applied after me got theirs approved. Please let me know because this new is bringing hope back
Hi Jason,
My wife I-730 was approved (She’s inside US). Now we want to withdraw her asylum case and also apply to her own work permit under new category. would her new work permit category will be same like my A5? I don’t want to withdraw her asylum case until she gets the new work permit because she’s still working on her C08 permit.
Please advise.
The new category would be a-5, yes. I wrote about how to withdraw an asylum case on December 7, 2022 and maybe that article would be helpful. Take care, Jason
My asylum case was denied by uscis in new york due to one year deadline and no adequate proofs of persecution. I filed asylum after 7 years in usa and i didnt have sufficient documents to prove my case and reason for late filing. Fast forward im in immigration court already had master hearing. Now there are some changed circumstances which arise after i filed asylum. Can they be used to overcome 1 year deadline. The new circumstances unrelated to first circumstances for my case. Can this result in asylum being granted. My federal circuit is second court of appeals. And also any way i can make my previous claim stronger by getting doctor notes that i suffered from stress and trauma plus i was misguided by an immigration lawyer that i dont file my asylum case because i moved to usa from a third country where i was not even a permanent visa holder and getting witnesses ?
Hey!
Do you mind sharing how long after your initial interview did it take you to get the decision/referral to court. GL!
Hello Second Circuit,
May I ask you how many of those seven years have you been out of status? Thank you.
@SECOND CIRCUT
Your situation seems really sketchy. Seriously, just stop trying to game the asylum system to stay here legally! Anyone who knows immigration law will tell you that your case needs a miracle and some seriously strong evidence to get approved! Who even applies for asylum seven years after being here illegally? Enough is enough! People like you are ruining the reputation of the asylum community.
If I understand you correctly, there have been changes since you filed for asylum that could be a new basis for asylum? If so, I wrote an article on this point on June 19, 2024, and it may be possible to use those to try to overcome the one-year bar. Also, you can make arguments about the prior trauma and stress, or possible about bad advice from a lawyer, as reasons why you originally did not file within one year. I would highly recommend you get some help from a lawyer, as these are difficult arguments to make by yourself, and you do not want to miss an opportunity to overcome the one-year issue if that is possible. Take care, Jason
Hi Jason,
Thank you for being so supportive.
I am planning to request rescheduling my asylum interview that is scheduled for June 6th (Arlington, VA). I am not sure, after you said it’s getting harder to postpone interviews in our local office VA, if my wife (USC) expected delivery date of June 5th is a good cause. I hope they will try to accommodate my request so that we will have our first baby together. I don’t know if I should mention in the request, my Marriage-based AOS interview date (March 25, 2025) and still waiting for the decision. If you comment on these and any documents i should attach them for request.
Have blessed day
Thank you
I hope a democratic house will be elected.
So when that happens…what it can do…to thwart the Trump administration attack on the asylum community ?
Hello! I became a U.S. citizen in 2024 through asylum. It has been 10 years since I last visited my home country. I am planning to visit my mother, who is sick. Do you think this could cause any problems when I return to the U.S.?
I think that is very unlikely, but it does not hurt to think about how you would explain the return trip – why you went and how you stayed safe. That said, the chances of a problem are probably very remote. Take care, Jason
Hi Jason,
Hope you’re doing well! Are you seeing any green card process moving forward these days? Or is everything really paused?
Also is it safe to travel with a travel document these days, I am an asylee but haven’t received green card yet.
Thanks,
As far as I remember, I have not seen an asylee GC case get interviewed or approved in the last few months, but I do not have a very large number of such cases. I have heard about one asylee getting a GC, but that was online and I do not know the person so I cannot confirm. Also, in general, we have almost no info about the “pause” and so we do not know who it will affect or for how long. In terms of travel, if it is domestic and you have proof of status, such as the work permit, asylum approval, I-94, and state ID, you should be ok; you can learn more here: https://www.tsa.gov/travel/security-screening/identification. For foreign travel, you would need a Refugee Travel Document, form I-131, available at http://www.uscis.gov. Take care, Jason
Thank you Jason for your response! I already have a travel document that was just issued but I am from the red banned countries is it a risk to travel with the travel document? I’m hoping I can go see my family
Thanks
At the moment, there is no ban, and if you have a valid document, you can use that to re-enter the US. You should keep your eye on the news in case a travel ban does go into effect, but for now, there is no ban. Take care, Jason
Hi Jason.
After receiving an official letter from USCIS stating that the processing of all asylum-based green card applications has been paused and that processing will resume once the ban is lifted, I’m left wondering if I should simply naively wait for the ban to end or if I should proceed with filing a lawsuit.
When I contacted USCIS, they advised me to consult with a lawyer to determine how to proceed, essentially implying that filing a lawsuit might be the only way to move forward with the green card application based on asylum.
Is your office handling Mandamus lawsuits, and if so, what is the typical cost for such a case?
Thank you!
Our office does mandamus lawsuits but the fee depends on many factors and you would need to do a consult about that first. I think whether you file a lawsuit depends on how eager you are to get the GC. You may want to wait a bit to see if the ban ends, but there is no way to know, and if you do not want to wait, you can explore whether a mandamus might work in your case. Take care, Jason
Some Green Card based on refugee/asylee updates:
all the information is based on online uodates from different people from middles East,Russia and other countries.
Since April 2025 after the CBS news about pause we have information about at least 10-12 GC being issued.
If you use Lawfully app premium can show you info about people who have filed around your date, for me this timeframe is December 27-January 2025. And for my timeframe 5 ppl got GC approved in April and 15 ppl got interviews scheduled. Also, almost 35 people got RFEs.
So process doesn’t look like it stopped or not for everyone.
‼️ORIGINAL CBS NEWS said that SOME GC based on asylum/refugee are paused, not all.
Also AILA has filed FOIA about this to get internal memos and info on April 9th, but we are still waiting for the response and they requested to Expedite it.
We will see what we learn from the FOIA. What is annoying is that USCIS does this and then does not tell anyone what is going on, which is extremely dishonest. Take care, Jason
Is it true i heard somewhere on reddit some immigration lawyer was saying who didnt file asylum within one year deadline and have asylum pending with uscis are receiving letter and being sent to immigration court without interview. Something from uscis vetting office . Is it true ?
I have not seen that, but a few years ago, the Asylum Office sent letters to people who filed after the one-year deadline giving them the option to skip the interview and go directly to court. Some people wanted this, as the only reason they filed for asylum was to get into court where they planned to file for other relief, such as Cancellation of Removal – which is for people who have been in the US for 10+ years and meet other requirement, but can only be completed in Immigration Court. Take care, Jason
Hi Jason,
Have you heard of detention of people whose asylum cases are before the immigration judge and have no criminal history while travelling domestically? I have an upcoming trip within the next few weeks and I’m worried about that. I have my EAD as well that was just renewed two weeks back and shipped to me.
I have not heard about that and I think is should be safe, but there are a lot of rumors and so now is a scary time. Aside from the EAD, I would carry evidence of your pending case (asylum receipt or recent court order), plus your state ID/driver’s license and passport. Take care, Jason
Hi Jason,
I have an valid B1/B2 visa and I’ve used it to travel to the U.S twice with short stays. I applied for student visa (F1) few months ago at my home country consulate and was denied with 214(b) twice (I reapplied within a week the second time and the officer at the time didn’t like that). However, my B visa is still active but haven’t travel since my last F1 interview.
I plan to travel to U.S in next month to a conference in which my company will be sponsoring my travel and stay. However, I’m worried my recent F1 visa rejections might cause an issue at the border. I’m wondering if it is too much of a risk to travel in my situation and wanted to hear your opinion? Do you think my visa rejections would be an issue? One one hand I’m trying to stay positive because the consulate officers didn’t cancel my B visa in both cases (F1 rejection was most likely due to finances).
I doubt it will be an issue, but I really do not know. Maybe the F visa was denied because they think you cannot pay for school, or for some reason unrelated to “immigration intent” (i.e., a desire to violate your visa and stay in the US), which would also be a factor for a B visa. I would bring proof about the conference, your job, your return ticket, and anything else you can show upon arrival in the US to demonstrate that you plan to leave at the end of the visit. Probably worst case, you are asked to get on a plane and leave without entering the country and your visa is revoked, but most likely, you will be allowed to enter. Take care, Jason
Hi Jason,
Thank you for your good work.
I was wondering if someone who is in pending asylum and decides to leave the US then cancels his application attracts a bar of 3 or 10 years because of unlawful presence. in other words, do you accrue unlawful presence if you are in pending asylum status and filed asylum before your visa expired?
You only accrue unlawful presence after your period of stay (not your visa) expires and when you are not in asylum pending status (or some other pending status). So if you came here on a B visa, which normally allows you to stay here lawfully for 6 months, and you filed for asylum before the 6 months period ended, you should have no unlawful presence and no issue with the 3/10 year bar. That does not mean it will be easy to get a new visa. Certain types of visas, such as a B or F, will be harder to get since you expressed an “immigration intent” when you filed for asylum, and visas like the B and F are not issued to people who may try to stay permanently in the US. Other visas, such as the H1b or L, would not be affected by this and should be easier to get, as long as you do not have a 3/10 year bar to returning. Take care, Jason
Hi Jason . I got my individual hearing for 2027 in April . I am in a relationship and we are planning to get married soon .He is green card holder since 2022 may . When I spoke to my lawyer he said not to get married till my hearing. Does getting married affect my asylum case . My fiancé wants me to apply through him too. Please give an insight as what should I do ? Thank you 🙏
Normally, you would want to get married soon and have him file for his US citizenship. Once he is a citizen, and assuming you are eligible, he can sponsor you for a GC without leaving the US. I am not sure the benefit of waiting to get married, but maybe the lawyer has a good reason – you should ask him to explain how waiting to get married helps you. Also, you can ask about whether your fiance can/should apply for citizenship as soon as possible. Take care, Jason
Hi Jason
Thank you for all you are doing to this community. I have 3 questions.
1.What counts as material support in asylum office?
When i was applying for asylum, i stated that i used to give food and little amounts of money to a group that was fighting for the people to form their own country because they were marginalised. I also said on one occasion they came begging and i gave them a live chicken and a bottle of wine. This group was not bad at the beginning and these things were given to them before they became radical and turned against the people because now they are commiting all sorts of atrocities and are close to be tagged a terrorist organization.
Can my little gifts to them be used against me to say that i was supporting terrorist during my interview?
2. If I move to a third safe country and close my case (the delay in interview is preventing my career growth since i cannot travel like i would normally do), will it be difficult for me to return to the US?
3. How is the situation at the Arlington office? Any hopes for someone like me who filed early 2023?
1 – Small gifts do count as material support. It seems to me that the question here is whether the group would be considered a terrorist group at the time you gave the gifts, and whether you had any knowledge about that group’s bad activities. This does sound like an issue, and I think it would be wise to have a lawyer review the specifics of the situation and advise you about this. 2 – If you have no problematic issues, such as immigration violations or criminal issues, and you leave and withdraw the asylum case, you would not be barred to returning here. It may still be difficult to get certain types of visas, such as a B or F, as you expressed an “immigration intent” when you filed for asylum, and visas like the B and F are not issued to people who may try to stay permanently in the US. Other visas, such as the H1b or L, would not be affected by this. Also, of course, if the US government thinks you supported terrorists, that would bar you from a visa to the US. 3 – They are interviewing cases from 2015-2017, and probably new cases, and so I doubt you will get an interview in the near future, but things there are unpredictable and so it is difficult to know. Take care, Jason
There is a new house bill that includes fees for asylum and work permits but it also says work permits for asylum should only be valid for 6 months. Its a reconciliation bill 95% chance it will pass both house and senate and become law. If it gets passed. Will it be applicable to people who already have 5 year work permits based on pending asylum. Will uscis require us to return our 5 years work permits and trade it for 6 months permits.
I always wonder why immigration advocates seem so powerless compared to immigration opponents…Like immigration opponents can easily achieve significant policy shift.
But immigration advocates can only, at best, achieve very modest progress…e.g. 2 year EAD to 5 year EAD, LIFO is still dominant (I never hear anything more major after the 80 officers hired to interview old cases…even that 80 officer hiring doesn’t seem to change things in a large scale…). I remember sometimes immigration advocates post like a letter signed by all Democratic congress members (which achieves nothing functionally for asylum seekers) or hold a rally, take some photos and nothing changes after……as if it were some of big success…I mean…seriously…
I am in no way diminishing immigration advocates’ effort…but I cannot help wondering…why…why it seems that immigration opponents seem to be 10 times more powerful and capable than immigration advocates in getting things done…
Based on what @concerned is saying, it appears that asylum seekers will suffer greatly in terms of their work capability and economic situations…Do immigration advocates have any … suggestions how asylum seekers should counteract such harmful policies ?
I have not read the bill and so I am not sure. It will be very difficult to invalidate work permits that are already in people’s hands, and so I would guess that if this passes, it will affect people going forward, and not people who already have work permits. Take care, Jason
Hi Jason, Hope you’re doing well. I have to apply for my naturalization soon. I was involved in a freak incident; 2 people stabbed me in my apartment, and the NYPD arrested both them and me. The DA later dismissed the case and charged them and had it sealed. I also sued the NYPD, and they offered a settlement and I accept their settlement(the highest amount pre-trial).
For my application, I do not want to disclose any of this since the case is sealed. Do you think this might be an issue? If I do decide to disclose it, should I attach the dismissal; criminal charge for the other party(felony class E) and the NYPD settlement?
I think you have to disclose the arrest, as that is required. You should include the “disposition” (final outcome) and maybe any other documents you think are needed to help explain what happened. If the case against you was dismissed, it should have no effect on your application to naturalize, but it still does not hurt to explain. You probably should talk to a lawyer about the specifics of the situation, as there may be more to it than I understand, but based on what you wrote, I do not see that it would block you from citizenship. Take care, Jason
Hi Jason , I am soon applying for N-400 based on approved asylum. i had 4 speeding tickets in the last 10 years in the US ( all paid for and resolved). Can you comment on how these can affect my odds of approval for naturalization? Also , should they be disclosed in the N-400 application ( no arrests or court appearances). Have you heard recently that speeding tickets are leading to rejections of N-400 ? Thanks
As long as they are traffic offenses and not criminal offenses, such as reckless driving, they should have no effect. You need to check questions on the form N-400 to be certain, but I believe that unless they are criminal offenses, they do not need to be included in the application. If you are not sure, you can include the “dispositions” (final outcomes) for each incident; that way, USCIS cannot accuse you of trying to hide the fact that you got these tickets. Take care, Jason
Hi Jason,
I just received my Refugee travel document and i have a plan to visit my family after 10 years in third country just for 4 days , do you think is it going to be safe or not?, have you heard anything about travel ban?, i really appreciate in advance for your response.
As long as the RTD is valid, you should be fine. There has not been a travel ban issued yet, but it is a good idea to keep an eye on the news about that just in case something changes. Take care, Jason
Hi Jason,
I’ve had a pending asylum case since 2017, and I recently received a notice for my interview, which is scheduled for June 11. This is a political asylum case, and several developments over the past three years in my home country have significantly worsened the situation, increasing the risk I would face if I were to return.
I need additional time to gather supporting evidence and documentation to demonstrate the likelihood of future harm. Given this, would it be advisable to request a rescheduling of the interview? Also, if I do request a reschedule, how long does it typically take to receive a new interview date based on the current situation of the immigration system?
Different asylum offices are different. In my local office (Virginia), it has recently become very difficult to postpone an interview. Other offices are more accommodating. I do think it would be better to keep the date if you can – it is more than a month away, and you should have time to get at least some new evidence and submit that (most offices want new evidence submitted at least a week prior to the interview). IF they do reschedule, it again varies by office, but probably it will only be a few weeks or a month or two. Take care, Jason
Hi Jason, it’s me again. I asked questions on this platform multiple times. I had my Marriage based AOS interview 35 days ago, and No decision yet. Today when I woke up, I got an email notifying interview scheduled for my Asylum cases. As I mentioned earlier, I am expecting baby in 4 weeks, and my cases were not fully written. I don’t know what to do now. My marriage based AOS was “ went well” only less than 15’ and the officer was very nice and supportive. Should I reschedule, should I attend. Confused! Thank you.
that some people can just leapfrog me by marrying up…
Where I have to hire a lawyer and spend all the money and go through lengthy asylum and EOIR processes to get status…
What are some tips and advice you can give in terms of how to find U.S. citizens to marry ? I also want to marry a U.S. citizen…
It’s truly unfortunate that asylum seekers have to go through years or even decades of waiting whereas someone can get married and bypass the whole process.
Context: I filled my asylum case in October 2016, after more than 9 years the two applications (I-485 and I-589) came in months different.
You still have more than one way to get status than normal average asylum seekers…
Marriage case is typically straightforward…this is a huge advantage over asylum seekers…
I am not good at meeting people and finding dates…as I don’t look very good…it’s kind of sad that non-good looking asylum seekers have one less avenue to become legal…
Who said that you are not good looking. Everyone is beautiful and unique. Remember Also that beauty is deep in the skin.
You can try to postpone, but at least at my local office (Virginia), they may not allow that. You can try to postpone, but I think you should also put together what you can and submit that, and plan to attend the interview, as you may not have a choice. If you fail to attend, they can send your case to Immigration Court, which will make the AOS more difficult (either you will need to ask the court to dismiss the case or adjust status with the court). It is very unfortunate that they do not accommodate people in this situation, and so while you can try to postpone, you should also get ready for the interview. Take care, Jason
Hi Jason
Have you heard from anyone that when people are leaving the US and travelling abroad are they giving them a hard time at the immigration desk?
Are they asking any questions especially being a muslim?
I have 2 kids with me and my husband and I really worried of being stopped and questioned.
My kids are nervous too.
Please help us if you know anything and how to be well prepared for a situation like this.
Thank you
Mariyam
I have heard about some people being sent to secondary inspection, which causes a delay. But whether a person has a problem depends on their immigration status (or lack thereof) and criminal history, and so whether you might have trouble returning to the US, I cannot tell from your question. I think someone with a GC or US citizenship who does not have a criminal record should be fine. Also, an asylee with a valid Refugee Travel Document should also be fine. Take care, Jason
Hi jason
Thank you for this, we are travelling with emergency travel document. We are not travelling with refugee travel
Document. We will not be coming back to US. We plan on withdrawing the case when we land in the country we are trying to live in.
So going from here we have not heard from anyone as yet that they are being questioned.
We thought we would we ask you since you know better than us.
Leaving the LA airport and having valid work authorisations and emergency passports are they going to question us or subject us to secondary questioning in front of the kids giving us a hard time? Please let me know.
I think if you are leaving, you will not face additional questions. As long as you have valid documents to board the plane and travel to the new country, you should be ok. At least I have not heard about anyone having problems in this situation. Take care, Jason
thank you for this Jason. Very helpful.
Thank you for that you do and continue to do people like us.
If we did not have this platform to discuss our issues. I really dont know what I would do.
It is unbelievable how many people are disturbed, confused and displaced with the current things that is happening,
I am also feeling disturbed and confused, so in that, you are definitely not alone. Take care, Jason
Hi Jason,
If someone has a pending TPS application, and the TPS program expires for the country the applicant is from (say, TPS for Afghans), does the application get terminated with it as well?
I would think so – if TPS ends, USCIS would have to deny an application for TPS. Take care, Jason
The last time I entered the U.S., a CBP officer asked if I was married. I said yes, and when they asked why I wasn’t traveling with my husband, I said he didn’t like to travel. The truth is, he was already in the U.S. and I was coming to reunite with him, but I was very scared at the time because I had recently been threatened at gunpoint by guerrilla members in my country. I was traumatized and afraid that telling the truth might cause problems.
Last year during my asylum interview, the officer asked if I had ever lied to an immigration officer. I admitted what happened at the border and explained I never mentioned I was coming to see my husband because my emotional state. I also mentioned that I stayed with a friend (which is true), and a few months later, my asylum was granted.
Now, I will be traveling internationally with my husband, who is a derivative asylee both have RTD and our two U.S. citizen children. If a CBP officer asks me about what happened during my last entry, how should I explain it?
I doubt this will cause an issue when you re-enter, but if they ask, I think you need to explain as you did at the asylum office. You should assume that they have a record of everything you said to them, and so they already know what happened, and you can explain accordingly. It seems to me that if your explanation was accepted at the Asylum Office, you should be fine. Take care, Jason
Hello Jason,
I completed my asylum interview a few weeks ago. Based on my impression of the officer and my performance during the interview, I believe he may not approve my application and might refer my case to immigration court.
My question is about the background check process in cases the officer’s assessment is referral to court. If he finishes his assessment in the next couple of weeks (which is the assessment to refer), will my application still go through a background check? Or will they issue the referral decision without conducting any background check? Thank you.
As far as I know, everyone has a background check, regardless of the outcome of the case. Take care, Jason
Hi Jason,
I have a question about ICE detaining asylum seekers, I have pending case since 2017 – no interview. Lately I see more and more articles about ICE detaining asylum seekers – example, https://www.reddit.com/r/USCIS/s/QdrCVHwuPz. What does the law say? Can ICE detain someone with pending asylum case, no criminal history? Are there more cases like this?
I have not heard about affirmative asylum seekers with no criminal record being detained, but I would not be surprised. I just do not think it is widespread or systematic. There are probably 2 million people in the affirmative system and so to arrest them all is impossible. Maybe they have targeted a few to scare people, but my sense is that this is pretty rare. Even so, it is a good idea to have your case in order and all documents in your possession. That way, if you are detained and your case goes to court, you will have what you need to present the strongest asylum application as possible. Take care, Jason
Does this mean that ICE can detain an asulym seeker if they encounter them during routine check or car stop etc? What would be tbe grounds for detention, if person hasn’t committed any crime and has all documents present, from legal perspective.
ICE has broad power to detain people who are out of status, and they could detain an asylum seeker. However, in most cases, that person would be eligible for release on bond. Also, when a person has a pending application, they would not normally be detained unless they have a criminal history. If you have evidence of your pending asylum case, such as a work permit or asylum receipt, you should have copies of those documents available in case you ever need to show them. But again, I have not heard about an effort to detain affirmative asylum seekers and I think such people are generally safe. Take care, Jason
Hi Jason, I had my interview in Arlington office last week, I applied in 2017, I thought the interview went very well and the officer was professional and polite, at the end he gave me a notice to pickup my decision after 3 weeks at the same location, Many applicants report getting a call between the interview date and decision pickup date to let them know it won’t be ready in time and to expect it in the mail instead, which usually ends up being months of waiting. So I asked the officer if there is a chance it gets delayed and they said no this is unlikely and seemed confident, which is the complete opposite of many applicant’s experience. Does any of that sound like positive news? Also, how has your experience been with recent decisions as far as actually picking them up within 2 or 3 weeks at Arlington? Has anyone recently picked up a decision and it was a denial? Thank you!
The officers often mean well, but they are sometimes incorrect. So it may remain a pickup, but it may also change to a mail out. There is no way to know. I personally have not had a decision very recently from Arlington, but we have had some positive decisions from them in the last 2 or 3 months. I just think you have to continue to be patient and hopefully, you get good news soon. Take care, Jason
Hello Jason,
I have been following your blogs since I Applied my case in 2016. Today I received the interview date in June in New York City. I am just seeking your advice on how to get myself prepare for interview and what are the things should keep in my mind before going there. Also if u can refer me any posts related to the interview prep. Thanks a lot. Lots of prayers for you. Also seeking for prayers.
Good Luck Nassan. Hope now that the King would like to become a Pope, things will get better.
Make sure you have all evidence and that you submit that a week or 10 days prior to the interview. You may be able to email it to the asylum office, or maybe you have to mail it. Also, bring a hard copy with you on the day of the interview. You can find their email and mailing address if you follow the link under Resources called Asylum Office Locator. Bring all passports and all original documents that you have for yourself and any dependent family members. Otherwise, I wrote about the interview on September 8, 2016 and maybe that would help. Take care, Jason
Hi Nassan,I just had my interview yesterday and if you go on YouTube there is a channel called Political Asylum Lawyers.That guy there a former asylum officer is the real deal ,watch him and listen carefully you will not regret it.With help from this platform and his videos and God above them all.You will live to testify.
Yep, I studied everything he said, my lawyers was great but since I am a lawyer myself they didn’t prepare me for the interview much, my asylum was granted 4 months after interview last year, I even sue the government because his recommendation I was waiting for 7 years an interview.
Sir, congratulation. Thanks for ur share. Can u tell 2016 which month do u apply ? Did u expedite.? Pls let us know. Thanks.
Applied in February 2016. Never expedited