I recently participated in a panel discussion at the Congressional Black Caucus Foundation in Washington, DC. The panel was hosted by Congresswoman Yvette Clarke and featured speakers from academia, non-profits, government, and the private bar. The introductory speaker was the Ambassador of Jamaica, who (to my surprise) knew more about asylum law than most immigration attorneys. The focus of the panel was on asylum seekers of African decent (so, generally, people from Africa, the Caribbean, and Latin America).
One purpose of the panel was to bring attention to asylum seekers and refugees from Africa and the African diaspora. According to Jana Mason of UNHCR, despite the recent turmoil in the Middle East, the plurality of the world’s refugees and internally displaced people come from Africa. This is significant because in the United States, there is not a strong constituency to support these people (as there is for Cubans, for example). The result is that African and diaspora asylum seekers often receive less attention and less support than asylum seekers from other places. The CBC hopes to improve our government’s policies towards African asylum seekers, and our panel was part of that effort.
Panel speakers also touched on issues that affect asylum seekers in the U.S. more generally. The most important comments in that regard came from John Lafferty, the Chief of the Asylum Division at USCIS, who spoke–among other things–about the backlog (for some background on the backlog, check out my previous post).
The statistics Mr. Lafferty cited were sobering: 55,000 affirmative asylum cases filed in FY 2014, over 50,000 credible fear interviews, and a nationwide backlog of 60,000 cases. USCIS estimates that it might take three to four years to resolve the backlog, and presumably that’s only if unforeseen events don’t cause additional delay.
One piece of good news is that USCIS has been working hard to deal with the situation. In the last year or so, they’ve grown from 273 asylum officers to 425 officers, and they plan to hire additional officers going forward. I must say that my experience with the new officers has been a bit mixed. Most are excellent–professional, courteous, knowledgeable, and fair. A few, though, seem to be unfamiliar with the law or with basic interview techniques. Hopefully, as they gain more experience, these kinks will be worked out (and hopefully not too many legitimate refugees will be denied asylum in the mean time).
Despite USCIS’s efforts, the backlog has continued to grow. At this point, even if no new cases enter the system, it would take over one year to review all 60,000 cases. And of course, new cases continue to enter the system all the time. Given the large number of people stuck in the backlog, I’d like to offer a few suggestions on how to make life easier for those who are waiting:
First, and I think most importantly, USCIS should give priority to applicants with family members who are overseas. This can be done in at least two ways: (1) Review existing I-589 forms, and where there is a spouse or child who is currently not in the U.S., give that case priority; and (2) when a backlogged case is (finally) approved, give priority to any I-730 petition for family members following to join.
Second, and this would probably require a legislative fix so maybe it is pie in the sky, for any case that USCIS knows will enter the backlog, allow the applicant to file immediately for her work permit (under existing law, the asylum applicant must wait 150 days before filing for a work permit).
Third, instead of issuing the work permit (called an employment authorization document or EAD) for one year, issue it for two years (or more). A two-year EAD would make life easier for asylum seekers. Renewing the permit every year is expensive and processing delays sometimes result in people losing their jobs and driver’s licenses (which are tied to the EADs).
Fourth, devote more resources to backlogged cases, even if this means slowing down the process for newly-filed cases (backlogged cases have been skipped; USCIS processes new cases before backlogged cases). Even if only a few backlogged cases were being adjudicated, this would at least give hope to the thousands who are waiting without any sign of progress. Also, it would be helpful for people to have some sense of when their cases will be adjudicated. USCIS should endeavor to release as much information as available about their efforts to resolve the backlog. Given that each Asylum Office has its own website, perhaps the information could be posted there and updated regularly.
I recognize that USCIS’s situation is difficult and unprecedented, and that they have been overwhelmed by the large numbers of new applications and credible fear interviews. But from my view of things, the situation for those who are waiting is pretty rough. These modest suggestions would help to mitigate the difficulty for the most seriously affected, and would give some hope and relief to the others.
Thanks folks for all the contributions. This waiting time is some times more heart breaking than the actual problem one faces wherever they come from. Many of us have our families left behind at the mercy of GOD, we have to wait for a period we are not sure of, no any kind of help or update ( progress of the case) given by the authorities responsible, you have to wait 6 months before you start working. This is a very bad situation and does not reflect well with humanitarian assistance requested for by the people in most need. A refugee or asylee many times have nothing on them. How do these guys expect people they have allowed to stay in the country as their papers are being processed servive? These people need your protection beyond life threats they are running away from.They need Shelter, food, healthcare and family reunification, these are human basic needs and are paramount. If the authorities responsible can not afford to provide such basic needs, let them atleast allow these people temporarily work immediately as their cases are being processed. Alternatively have a rule that every application received, it should be decided within one year period at most. That’s the validity of the temporary work authorisation document. Its unfair to interview a person 3 years after they applied, many things have changed in between and certain information could be stale or some facts distorted, many times an interview done after along time is most likely decided unfairly due to changes in circumstances. My humble observation is that most times people give up and end up disappearing within the country hence worsening the situation of the undocumented immigrants, others give up and end up going back home to face whatever danger that might await them or go to 3rd countries and worse others resort to crime in order to servive. The system needs to be fixed and it can be fixed. Let the Immigration officers be given full powers to make decisions there and then. Each one should have a given number of cases to judicate within a given period ( target). Why would an officer recommend for approval and then the application takes along time to be fully approved? I thought the time you are called for interviews, background checks have been done and that’s the basis of the Interviews, even then I am made to understand even when finally approved, background checks remain ongoing. Well if you are referred to the IJ, it should not take more than 3 months period your case to be decided. This case delay turns into physiological torture. America being the most advanced country on earth, I want to believe this isnt a huge challenge they can’t fix. They have all the resources they need to resolve the Immigration challenges they face. GOD BLESS AMERICA.
I think you raise many important points. Most important of all is how damaging and painful it is to wait for years, often separated from family members and with an uncertain future. Thank you for the comments.
Hello MR Jason thanks a lot for spending your time doing this blessing thing by helping us (the immigrants ) ,my question is i did apply for asylum in texas ( its the place where i do leave permanently ) and i go to Chicago and work there (applying for Chicago driver license ) and come back home every 6 month and leave again to Chicago .My family do stay in Texas and they check my mail and i had already asylum interview in Houston and they give me a recommended approval ( they did not ask me why i do have Chicago driver license …but i am waiting for the final approval for 8 month ..do you think its because i do go to Chicago for temporary job .
Hi jason ifiled form I 589 on dec 12 2014,got reciept notice,idid finger prints two weeks after got reciept but no interview notice yet,whats your take on Vermont office as to when I wil get interview date,,as its where I filed my application pls reply to my email thanx,ellaruhweza@gmail.com
I am not sure where you will interview, but I think you will interview in New England and that it will be a “circuit ride,” meaning that the officers will come from their home office to your area. I believe your home office is New Jersey, which is quite slow. I think they are currently interviewing cases from early 2013.
Dear Mr. Jason,
First, i want to ask if the status “Asylee” or granted from Asylum would be written on the green card once we get it?
Second, approximately how many month is it taking to get an interview in Arlington office? and is it a good office in terms of granting cases ?
Finally, I want to apply for Asylum and i will be living between Maryland and DC and looking for a good lawyer; can you please provide me with your personal email?
My Email: daniel_helou@outlook.com
Maybe I am biased, but I think Arlington is the best office – in terms of time, it is probably the second fastest (behind Houston), but the grant rate is higher than Houston. Of course, it is still slow, like all offices, so patience is required. My email is Jdzubow@DzubowLaw.com.
Ok great. What about my other questions?
1. Does the status “Asylee” or granted from Asylum would be written on the green card once we get it?
2. Approximately how many month is it taking to get an interview in Arlington office?
Thank you,
The green card does not indicate asylee, but if I remember correctly, there is a code on there, and if you know the code, you can tell that the person got asylum. Arlington is currently interviewing cases from July 2013. No one knows how long cases filed today will take; we only know what cases are currently being interviewed.
Hello Jason,
I live in Houston now but I will move to South Bend/Indiana in two months. I will stay there for 10 months. Im planning to apply for asylum so could you please advise if moving to new state after applying for asylum in different state will slow down my asylum case? And if so ,do you think i should apply for asylum while im in Indiana or I should apply now in Houston?
Thank you for your help.
The Houston office is actually the fastest in the US (though I do not know if it is the best in terms of granting cases). If you file your case and then move, it may cause delay, but that is not really predictable.
Thanks a lot for your reply! I have another question please; should I change my address or move my case if i’m only moving temporarily? My husband who is included in my asylum application,lives in Houston and I’m only moving for 10 months and then I will return back to Houston. I might be scheduled for the asylum interview by the time I return back to Houston, my permanent address.
As usual, the answer is “it depends.” For my clients, if they make a temporary move, we do not change the address. Many of them are moving frequently, and so it does not make sense to keep changing the address. Where the move is temporary and they maintain the permanent address, we do not make the change. Of course, you may need to explain why you were working in Texas but living in New York when you go to the asylum office, and this can be a problem, so you have to be careful about this.
Dear sir,
First of all i would like to say thank you for the very helpful information you been providing us with.
My case is in a Arlington, i submitted my i589 form on march 20,2015 and gave a finger print with in a week.
I have a chronic sickness and passing through health challenges. And needs support from my family,particularly my wife who is in a very stress ful situation and she is living with a fear of prosecution back in our country.
Is there any other way to expedite my case other than the regular process like immediate interview considering the danger i am living with .if so who to contact.
Are there other means to go and be with my family ,wife and children to other country other than the country were i fear prosecution,if so what should i do.your response means everything.
Take a look at the posting I did on February 26, 2015. You would have to make sure your case is complete and ready to go, and then you can request the Asylum Office expedite based on your health problems (either by giving them a letter in person or sending an email). You should also include a letter from the doctor about your health issue. Good luck, Jason
Dear Jason,
I still did not file my Asylum application because i am still trying to find the state with the lowest number of applicants. Time is my major concern since i do not have the ability to wait for around 8 months to get my work permit with no income. I know that there are a lot of waiting applicants, but how can i expedite my application? i have read the article you published on the 26th of Feb, it is helpful. However, i can not wait for 8 months as i told you. Are they going to change the rule of filing for the work authorization? because now it is for sure that none of the new applicants can get the interview with the first 5 months after submitting the application.
Another question: Does is matter where i submit my Asylum application? i.e. if i apply in Maryland, not Florida and Florida has much more applicants than Maryland, do i get my interview faster? if yes, where can i know the number of asylum applicants in each state?
Thank you in advance.
Daniel
You can find the most recent statistics here: http://www.uscis.gov/outreach/notes-previous-engagements/notes-previous-engagements-topic/refugees-and-asylees/asylum-division-quarterly-stakeholder-meeting-0
However, this only tells you how many cases are pending at a particular office; not how many officers work at that office or how fast cases move, so it is only marginally helpful. My impression from doing a lot of cases is that the two fastest offices right now are Virginia and Chicago, but my experience with some of the other offices is limited, so I am not sure. It does seem that the case will be slow wherever you file. Also, unless you have some other way to get a work permit, you will have to wait 150 days before applying – that is written into the law and there is no way to expedite. Good luck, Jason
Hi Jason,
I have filed for asylum from Michigan state on March 30th 2014 and gave my finger print on April 18. I did not hear anything from asylum office after that. I did not receive interview appointment either. Does it mean my case in the backlog? The wait has been really tough and frustrating. On the other hand, I have already obtained my EAD and SSN. Do the EAD and SSN indicate anything about the status of my case? Based on information you have , when do you think they will send me an interview appointment letter?
I appreciate your help!
I can’t predict when your interview will be, but it sounds like your case is pending and in the backlog with many others. Here (in the Virginia asylum office), they are currently processing cases from May 2013. You might want to look at the posting I did not February 26, 2015, which discusses some ideas for making your case faster. Good luck, Jason
I realize this a post about the asylum office backlog, but the immigration court backlog is getting even more severe, as well. I had a client referred to the immigration court in New York in November 2014 for a one-year filing deadline issue with a master calendar date of “TBD.” Just today, having not heard anything in months, I called the 800 number and was told the client has been scheduled for a master calendar hearing in 2019. The client has children overseas who who were all under 15 when he applied for asylum and will all almost certainly be over 21 before his case gets heard.
It’s really terrible. What we have seen here is that the courts are setting Master Calendar Hearings for November 2019. Supposedly, this is a holding date, and they will actually re-schedule the cases for an earlier date. We’ll see if that happens. Meanwhile, we’ve had some limited success with motions to advance. Good luck, Jason
Dear Jason,
I am grate full for what you are contributing to bring hope and courage to the people those who fled their country for fear of persecution . I would like to say thank you so much. Your kind words and lifting up words help me to stand firm. I am also one of the victim of this backlog since June 2013 and nothing heard from the asylum office ( Virginia ). I have requested them expedite interview so many times hence I have family backhome. Based on information you have , When do you think they will call me for an interview ? Recently I heard that they are now interviewing backlog cases. Is this information true? I appreciate your concern.
It is true, and I would guess that you will be interviewed in the next month or two. My clients whose cases were filed in May 2013 are now scheduled for interviews, so you should be very soon. If you have any additional documents or letters to give to the Asylum Office, you should do so now. Good luck, Jason
Dear Jason,
I am grate full for what you are contributing to bring hope and courage to the people those who fled their country for fear of persecution . I would like to say thank you so much. Your kind words and lifting up words help me to stand firm. I am also one of the victim of this backlog since June 2013 and nothing heard from the asylum office ( Virginia ). I have requested them expedite interview so many times hence I have family backhome. Based on information you have , When do you think they will call me for an interview ? Recently I heard that they are now interviewing backlog cases. Is this information true? I appreciate your your concern.
Hello dear jason,
Me and my wife filing asylem case in August 2013 and we went to finger print too from then untill now we dont heard anything about our case we filed in New Hamphshire , what is your openion ? And for secound time we want to get EAD but it tooks one month and half and we loose our licence now if we driving for going to work and shopong as you no in Nh we dont have any transportation and we live in wood if we drive without driving licence till i get our EAD what do you think we going to big trouble if police arrest us?
I don’t know about the time frame up there, but here (in Virginia), they are working on cases from May 2013 and moving along fairly quickly. As for the EAD issue, my understanding is that if you have an old EAD and a receipt for the new EAD, you can work for 90 days. I have not yet found that document on-line, but I will look again and post it if I find it.
Do you know we will going to big trouble if we driving with expire driving license?
I guess the short answer is “yes”. If you are caught, you can get into trouble. How much trouble, it depends on the state where you are caught. Unfortunately, many people are left with little choice but to drive without a license due to delays with the Employment Authorization Document. In some states, even people who are out of status can obtain a driver’s license. Also, sometimes, people who are in status can get an International Driver’s License. It is worth checking into these possibilities, as maybe you can find a way to drive legally.
Dear, Jason
thanks for updating information all the time, and if you would please find out the situation of the pending case since Jan 2014 in Houston Asylum Office. and when we can expect the interview?
thanks.
I don’t have info about Houston. My understanding is that that office is generally slower than most. You may want to contact a local non-profit that does asylum cases to see whether they can give you a better idea.
I submitted my case In May 2013 and I had my fingerprint after that but I never got my interview till now but January 2014 my lawyer check my case status and the letter that I recieved from uscis it says my case was in 5000 back log cases so do you have any idea that when they may gonna call me for the interview
It depends on your asylum office. All the offices are now processing the oldest cases first. For example, we filed a case in April 2013, and he is now scheduled for an interview (in the Virginia office). My guess is that you will have an interview fairly soon. Hopefully.
5000 ?? total amount of cases in backlog from 2013 fiscal year? or 5000 from only your asylum office? i would greatly appreciate your collaborative information.
It was about 5,000 in the Virginia office, and 60,000 in the whole US of A. I think that was last fall. Now it is more. Ugh.
Hello, you are very helpful and since you have lot of knowledge and experience in field of asylum seekers. So here is my question and I really hope that you would take some time off your schedule to answer my question, I would really appreciate that. I filed my affirmative asylum on October 22, 2014. I got notice of action on Oct 30th and I appeared for finger prints on Sept 8th, 2014. But since then I didn’t any update regarding my case. Based on knowledge and experience what would you say about my case.
I don’t know how cases are scheduled in all the asylum offices, but if your cases is in Virginia, I would guess that it is now in the backlog. If so, it will probably be a long wait. You can always contact the asylum office and ask the status of the case.
Hi Jason,
I have filed for asylum from Washington state on Jan 17th 2014 and gave my finger print two days after that. I did not hear anything from asylum office after that. On Sept 2014 I moved to New York city and transferred my case, I got a letter from New York asylum office saying that my case have been transferred but no news after that. Does this mean my interview is pending because my case is in backlog? If that is the case, what is the solution for it?
Thanks in advance!
I don’t know the policy in NY on transferred cases. That office is generally very slow. However, our office (in Virginia) is supposedly giving priority to rescheduled cases, so if NY is doing the same, maybe it will make the interview process faster. Probably the best thing to do is contact the asylum office to check the status of your case.
I submitted my I-589 form on November 7, 2014 and I took finger print on November 18, 2014. Still I did not receive interview appointment envelope. Does it mean my case in the backlog? or the immigration office process it soon. The big problem is my wife and children are in my home country.A
It is probably still too soon to say, but I can tell you that I filed one case on about November 14 and he was interviewed last week. So if you are in Arlington, you might be in the backlog. However, sometimes it takes several months to get an interview, so hopefully you will be called soon. Good luck.
Hi, Thank you for all your help. I have received receipt for my asylum application in Sept 18th 2014 in LA, and till now i have not heard any interview notice, does that mean I am backlogged?
I don’t know about the schedule in LA, but I suspect that it is too soon to know whether you are in the backlog.
Dear Jason, good day!
I got 2 questions:
– Based on Your experience, how long might it take for a backlogged case to be reviewed? What was the longest waiting time in your memory?
– Rosedale office received my I-589 on September 30, 2014. 21 days have passed. Does it mean that my case is already in the backlog?
Thanks a lot for Your time and consideration!
Dear Jason, good day!
I got 2 questions:
– Based on Your personal experience, how long might it take for a backlogged case to be heard? What was the longest waiting time in Your experience?
– Rosedale Office received my petition on September 30, 2014. 21 days have passed. Does it mean that my asylum case is backlogged?
I thank You so much for Your time and consideration!
I for one, an asylum seeker under removal proceedings but still haven’t got my court date yet. I have transferred to another state after my asylum interview was approved and the judge reset my master hearing. To my surprise the court I am under only acknowledges my change of address after more that a year! I sent an application to the asylum office for EAD but they returned it saying only the immigration judge can decide on my case. I have been waiting for over a year now, and it’s too difficult and stressful for me knowing I couldn’t get to work. Now, how am I suppose to have a good representation in court more so to eat and survive if I am stuck in this situation? Is there a way out for me from this precarious state Mr. Dzubow?
I am not sure I fully understand your question, but if you were denied a work permit, and if your case is in court, you might want to contact the court administrator. He or she is usually the person in charge of the asylum clock, which governs work permits. In other words, call the court and ask them whether you are eligible for a work permit. This is a major problem for many people and often cannot be resolved even with a lawyer, but if you cannot get help from the court, you may need to hire a lawyer.
Thank You Sir. I’ll do your suggestion.
Hello,
my question may not be very related to the above article but I am hopeful that you can give me a guidance as you have been so helpful to many people in answering questions. (keep it up). here is my question:
How does a person who has over stayed out of status/unlawful presence for couple years in the united states return back to their country for good? is there an immigration form to be filled out? or what is the process?
Thanks
You can always leave – just use your passport and buy a plane ticket. The hard part is to return to the US. You should consult a lawyer about that, as it depends on your personal situation.