Perhaps you've heard the rumors--reported in the press but never verified by USCIS--about a "pause" on Green Cards for asylees and refugees. While the exact details of the pause remain unknown, it may have been implemented to give USCIS time to re-evaluate the Green Card process in light of the Trump Administration's jaundiced view of humanitarian migrants.

Now, a new memo from USCIS clarifies when a Green Card interview is required for asylees and refugees, and seems to signal an end to the pause.

The new memo updates the USCIS Policy Manual, which lists the interview criteria for an asylee who applies for a Green Card using form I-485 (similar requirements apply to refugees seeking a Green Card). Under the new rules, asylees and refugees would need an interview as part of the Green Card application process--
  • Where USCIS has questions about your identity
  • If you obtained asylum as a dependent based on form I-730 and did not previously have an interview
  • If there is some reason to believe you are inadmissible, usually due to criminal or national security issues
  • If USCIS has some reason to believe your asylum approval was based on fraud
  • If you are a derivative asylee and your derivative status may have ended (I wrote about how derivative status ends here)
  • Where the USCIS officer "articulates an inadmissibility concern regarding that the alien is a citizen of, or last habitually resided in, a country that is now, or was at the time of last residence, a state sponsor of terrorism [these are Cuba, North Korea, Iran, and Syria]," or
  • Where the USCIS officer " articulates a concern regarding identity, inadmissibility, national security, public safety, or fraud, and recommends an interview to help to resolve that concern"

I've simplified this list, as it is long and boring, so check the full list if you think you may fall into one of these categories. According to USCIS, these interview criteria are designed to "help ensure program integrity and improve the detection of fraud, misrepresentation, national security threats, and public safety risks."

I am a bit skeptical of USCIS's reasoning here. What evidence exists that asylees and refugees pose a threat? Moreover, if they do pose a threat or engage in fraud, shouldn't that be examined during the asylum process? What makes USCIS think that re-visiting these issues during the Green Card process will have any different outcome than when the issues were examined during the asylum process? I imagine that USCIS would claim that the Biden Administration failed to properly vet asylum seekers, but what evidence exists for this assertion? Personally, I view the new policy as USCIS's response to President Trump's largely baseless claim that humanitarian migrants are a threat to our country, and another example of how the President's lies are shaping policy and harming innocent people.

Justified or not, the new policy went into effect immediately, and so it is worth discussing some practical implications.

One issue is more delay. We saw this during Mr. Trump's first term, when USCIS had a policy to interview all Green Card applicants. While the Agency never achieved that goal, the number of interviews increased, and this slowed down the Green Card process for everyone. What will happen this time around remains to be seen, but it does seem likely that more interviews will result in slower processing times.

A bigger concern is that Green Card interviews will become mini (or not so mini) asylum interviews. If--as the Administration asserts--some applicants' asylum cases are fraudulent, USCIS may revisit parts or all of an asylum claim at the Green Card interview. This is problematic for a number of reasons: asylum claims usually involve detailed stories, which are not always easy to remember, particularly with regards to dates, and applicants may not remember all the dates or details of their claim years after the initial asylum interview (and even more years after the events themselves). Also, for many applicants, discussing the harm they suffered is re-traumatizing, and so forcing people to relive difficult events can cause great harm.

The issue of identity can also be problematic for some asylees. USCIS generally wants a birth certificate issued at the time of birth. Many asylees and refugees do not have such a document and obtaining alternative evidence can be difficult, particularly from countries that are unstable or where the applicant fears the government.

In addition, it can be difficult to maintain consistency between the asylum form (I-589) and the Green Card form (I-485). Both forms contain many questions. Often these questions vary slightly from one form to the next and this can cause confusion. USCIS usually views inconsistent statements as misrepresentations, and so you have to be careful. I wrote about this issue here, but the bottom line is that you need to make sure your I-485 is consistent with your I-589 (and any other previously-filed forms), and if there are inconsistencies, you should be prepared to explain them. If you do not have it, you should request a copy of your USCIS file and your Immigration Court file.

Because it is just now going into effect, we don't know how the new interview policy will look in practice. Presumably, we will see more and tougher Green Card interviews for asylees and refugees. But if you prepare your I-485 carefully, and review your asylum case and your I-485 before any interview, you will be better able to overcome whatever obstacles USCIS puts in your way.

Originally posted on the Asylumist: www.Asylumist.com