Will I Get a Decision Now That the 39 Country Pause is Over?
A federal judge in Dorcas v. USCIS ruled that the four policies that had frozen immigration benefits — asylum, work permits, adjustment of status green card, and citizenship – WERE ILLEGAL. The federal court required USCIS to resume adjudications. Meaning, US Citizenship and Immigration Services (USCIS) must begin mailing out decisions for millions of cases. But…when will USCIS start mailing out decisions?
What Happens if the Government Appeals?
The government is widely expected to appeal the decision. You can track the developments at this link and also by checking back at this Blandon Law blog. The government can also request a stay of the order. In either of these cases, USCIS will keep the cases frozen and not mail out decisions.
How Long Before I Get a Decision if the Government Does Not Appeal?
Immigration officers must wait for USCIS to write up a memorandum directing them to follow the law. In other words, even if USCIS officers know that legally they must grant asylum or a green card or citizenship for a person from the 39 countries, they will be fired if they do. An example of this was in Kazarian, when USCIS issued a final policy memo in 2020. This was NINE MONTHS after a federal court ruled the way the government was deciding extraordinary ability (“genius”) green cards was illegal.
Blandon Law has been helping families get asylum, work permits, and green cards for 25 years. Call 954.385.0157 or click “Ask an Attorney” today to get the exact fee for your upcoming asylum interview. Also click “Ask an Attorney” if you have a question for a future blog.
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Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.
