As of December 2014, there was 73,103 asylum cases pending in Asylum Offices across the United States. That’s up from 65,759 in October, an increase of 7,344 cases in just three months (you can see the latest stats here, including a breakdown for each Asylum Office). So it’s clear that despite their efforts, the Asylum Offices are continuing to fall behind in terms of processing cases. Indeed, in the best month of the last quarter, the Asylum Office completed 2,947 cases. At that rate–and assuming no new applicants file for asylum–it would take over two years to get through the current backlog. This is not good, and the Asylum Offices are now making changes to deal with the situation.
I’ve written before about the reasons for these delays. Primarily, it was due to a significant increase of asylum seekers from Central America arriving at our Southern border. As best as I can tell, the number of people coming here from Central America has not abated. Since most of these applicants are detained at government expense and because many of them are minors, their cases are given priority, at the expense of other asylum seekers.
So how were the Asylum Offices dealing with the increased volume, and what has changed?
Until December of last year, the Asylum Offices were attempting to process cases on a “last in, first out” basis. Meaning, they skipped over the old cases and tried to process new cases. The logic was that if they started with the old cases, processing times would be greatly increased for new cases. If an alien knows her case will take several years, she might decide to file a frivolous case, just for the Employment Authorization document (“EAD”). The slower the case moves–the thinking goes–the greater the incentive for such people to file false cases. The fear of frivolous applicants taking advantage of the system in this way is not unfounded.
In the 1980s and early 1990s, when a person filed for asylum, he received an EAD more quickly. At this time, there were massive delays and cases took many years. The combination of long waiting periods and quick EADs encouraged fraud. I heard one anecdote from an INS officer who remembered a U-Haul truck full of applications arriving for processing. They were all boilerplate cases from China, filed by the same (probably unscrupulous) attorney. Even if the cases were ultimately denied, the applicants would have an EAD and be able to live and work in the U.S. for several years. Of course, many cases during this period were legitimate. In those days, there were very brutal civil wars in several Central American countries. As a result, many people fled to the United States.
In 1995, the law changed so that asylum applicants had to wait 180 days before they were eligible for an EAD (though they could mail the application for the EAD after 150 days). This was intended to reduce fraud. I have my doubts as to whether this change made much of an impact, but as the civil wars to our South ended, refugee flows decreased, and the Asylum Offices slowly reduced wait times. By the time I went into private practice (in late 2003), asylum cases were interviewed a few months after filing, and most applicants received decisions a few weeks after the interview.
This all changed in early 2013, when large numbers of Central Americans–mostly young people–again began arriving at our border. The migration was not spurred by war, but by generalized violence from gangs and domestic abusers, as well as a failure by Central American governments to protect their citizens. The influx of new people overwhelmed the system and created the situation that we have today.
USCIS (the Asylum Office) has been struggling to keep up. Here is a recent announcement about their efforts:
The USCIS Asylum Division is hiring an additional 175 asylum officers, increasing the number of authorized asylum officer positions to 448. This represents a 65% increase since July 2013. As of January 2015, the Asylum Division has 350 officers on board and continues to hire and train new personnel. During 2014, USCIS also trained and temporarily detailed officers to the Asylum Division to assist with the increasing workload.
Unfortunately, their efforts have not been enough. As of December 26, 2014, they abandoned the “last in, first out” system. Now, the Asylum Offices will process cases in the following order of priority:
- First, applications that were scheduled for an interview, but the applicant requested a new interview date;
- Second, applications filed by children; and
- Third, all other pending affirmative asylum applications will be scheduled for interviews in the order they were received, with oldest cases scheduled first.
In other words, aside from rescheduled cases and cases involving children, the Asylum Offices will now process old cases first. So what does this mean?
First, the good news. For those who have been waiting for two years for an interview, hopefully, your time is coming soon (though in my office, we have not yet seen any of our old cases scheduled).
Next, the bad news. If you are a new asylum applicant, you can expect to wait a long time for your interview. How long, we do not know, but I suspect that–even if they hire more officers, as they are trying to do–it will be at least a year. There are some minimal things to do to make a case faster (the “short list” and a request to expedite for emergent reasons), but generally it is very difficult to obtain a faster interview date.
And finally, the possibly bad news. We will see whether long delays encourage people to file more frivolous cases. If so, it will further clog the system.
As for me, of course I am rarely happy about change, and this change is no exception. I am glad that the government will start processing old cases. Those people have been waiting a long time. However, I wish they would give priority to people separated from their spouse and children–whether they filed two years ago or two days ago. It seems to me that single people can endure the wait much better. Like the old system, the new system does little to help people who are missing their family members, and to me, that is the real tragedy of the backlog.
Hello Mr Jason
My wife and my kids applied for asylum it ‘s been a year and my daughter is USA citizen but she still 1.5 years old .the case still pending up today my lawyer said that we are in the short list since June 2017 I am now working out side USA and when i try to submit a B visa the USA embassy refused
What can i do to see my kids and my wife and when they will be called for interview thank you.
mahmoud
You can try again for a B visa or other visa (maybe get a lawyer to help, though it will be difficult for you to get a visa given that your wife has an asylum case). Your family could get Advance Parole (form I-131, available at http://www.uscis.gov) and meet you in a third country. Besides the short list, your family could also try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Thanks Mr Jason
She has no permission to leave USA and if she will leave her case will closed
If she has a pending asylum case, she can try for Advance Parole, but if she has a court case or does not have a pending asylum case, then maybe she cannot leave. Talk to a lawyer if you are not sure. Take care, Jason
Hey Jason,
I applied for asylum on August 2015, I did my biometrics in the same month, It is about 2 years now, they never call me for an interview, I live in Florida but I submitted my case to the Asylum center in Texas, now married my wife last month in FL, she is French and currently back to live in France, what can I do to have her to come to live with me, being able to work, go to school and having access to leave anytime she wants to visit her family in France ?
If she comes to the US, she can join in your asylum case and receive the work permit just like you did. If you want to add her to your case, you can contact the local asylum office to ask about the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can check the Asylum Office Scheduling Bulletin (a link is also at right) to get an idea about the interview date (assuming you do not try to expedite your case). Take care, Jason
Thank you very much for the advice, however if she comes to US under my pending case, is she will be able to back to her country at anytime since she was not persecuted and we both from a different country.
A spouse can be a dependent on an asylum case even if she does not fear persecution in her home country. I think she cannot come here based on your case. She could come here on her own, and then join your case. Take care, Jason
Hi Jason,
I would like to know that I applied for asylum affirmatively and now I want to move to San Francisco, CA can i transfer my application from Arlington Va to San Francisco, CA it will affect my the time frame or not because San Francisco, CA now they are scheduling interviews for march 2015 I applied for asylum in September 2015 . I am only worried about the time frame I will be able to have my interview accordingly or they will put me in queue because I moved my case from VA to CA need your advice
If you move, you should keep your place in the queue, and so you should be interview as if you had originally filed in SF. After you file the change of address, contact the old asylum office to make sure that your case has been transferred, and the new office to make sure that you have kept your place in the queue. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
My spouse is the primary applicant for the asylum and we have recently filed the asylum application. However, I wish to study in the USA and I have already got an offer letter from one of the topmost university in the USA, thus, can I study on the basis of the application made by us for asylum or do I have to wait for EAD (150 days) and SSN number to be able to do so.
Will I still need F1 visa, as I being an international student at the university and the secondary applicant for the asylum case?
If you are in the US, you can study at university here. But most schools require the EAD, and most schools will require you to pay out-of-state tuition. Talk to the school to be sure. Take care, Jason
Hello Jason,
i have been waiting for a decision for two years and 5 months. I applied as single and i am from Iraq. Is there any max amouth of time to wait? it has been so long just to get a decision.. i would appreciate your respond…
thanks.
Some cases get held indefinitely if there are TRIG (Terrorism-Related Inadmissibility Grounds) issues. Contact the local asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also contact the USCIS Ombudsman (a link is at right) – that office can sometimes help with delayed cases. Take care, Jason
hello Jason
i filed in my asylum application like five to six weeks ago and i haven’t had any reply or receipt from the U.S immigration. What could be the problem
Make sure it went to the correct address and that you put the correct address for yourself on the form. Otherwise, contact the local asylum office to ask about it. You can find their contact info if you follow the link at right called Asylum Office Locator. It may just be a normal delay, but usually the receipt comes in 3 or 4 weeks, so it might be worthwhile to check. Take care, Jason
Hi
It”s been four months that i applied asylum from Chicago.however me and my husband temporarily moved to Boston and we plan to stay for five months .but I kept my address and application in Chicago as I can have someone who can collect all correspondence for us.I m expecting a kid next month and I ll give birth in Boston. Is it wise to move my application here for the time we still here and 5month later move it back again to Chicago. If application remain in Chicago as I don’t change address what impact can this have to my asylum application. Thank you
It sound like you are in Boston temporarily and that you still have your address in Chicago and will move back there. Under these circumstances, you should be alright to keep your case in Chicago. But if you make the move permanent or get a driver’s license and other documents in Boston, you should probably change your address. Take care, Jason
Hello Jason,
I am applying for Asylum case. Am in new Jersey I don’t know were to send it. can you help me the address were I can send it.
Go to the link at right called Asylum Office Locator and enter you zip code. It will take you to your local asylum office webpage. If you scroll down, it will tell you where to send an initial application. Take care, Jason
I have the EAD card (c08) for two years, can I adjust my case and apply for a green card. Even though my asylum case is pending??
Unless your asylum is approved, you cannot adjust and get a GC based on asylum. Maybe you have some other path to a GC, like marriage to a US citizen, but I do not know. If you are unsure, you should talk to a lawyer about the case. Take care, Jason
Hello
I applied for asylum few month ago I am still waiting for EAD.I need to travel by flight from New York to california. Is there any risk using my country passport at the airport.both my visa and I-94 expired .
Kindly
You should bring your asylum receipt with you, as proof of your legal status here. Otherwise, you should be able to board the plane if you have a valid, unexpired ID, such as a passport. However, I think you should contact the airline to be sure. Take care, Jason
Hi Jason,
I would like to know is there any ways I can put my application in shortlisted candidates because I applied for asylum on oct 2015 and I see the interview date is far please is there any way I can push up my case ?
You can ask to put your case on the short list (if your asylum office has a short list) and you can also ask to expedite, if you have a reason – usually a health problem or a family separation issue (where you have a child or spouse who is abroad and is in danger or has health issues). You have to contact your local asylum office to see about the procedures for expediting or putting the case on the short list. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you soo much, Jason, for the advice I will do it as soon as possible
Hi Jason.
I have applied for asylum I am still waiting for 150days to pass so that I can apply for EAD. Soon next week I have to move to Oregon for six months due to my husband ‘s school internship but will come back in VA at the end of the year and will surely stay to the same adress. Is it necessary to move our application to the offices ;then when we return to Virginia to bring again the application here. Is it possible to remain with our address here and go ,then we return again live here instead of moving the application many times.what impact can moving many times an application from on office to another can have to the application result.thanks
If you can keep your permanent address is Virginia, that is better. Moving the case multiple times should not affect your place in the queue, but it is better if you can avoid it. If you keep your driver’s license, taxes, and address in VA, and the position in Oregon is temporary, I doubt you will have a problem if you keep your VA address and do not file a change of address form. Just make sure someone at the VA address can get mail in case the government sends you something. Take care, Jason
Thanks Jason,
My Asylum case was approved in 12/13/2016 thanks again for your advice.
May the Lord bless you
Congratulations and welcome to the United States! Jason
CONGRATS BRO I would like to know how long the whole process took when u applied for asylum
Dear Jason
I applied for asylum few months ago.I initially lived in UK as a student permit for PhD .I went back home to look for job .I became a judge ,I was member of jury that released one of the big opponent to the government as the he was found not guilty. All members that participated to take this decision were called to resign and some were later persecuted, my wife and I were shot ; fortunately we escaped I went back to the UK as I had still have a valid student visa.My wife came to US , a month later I decided to join her in US and we are now seeking asylum together. My question is , considering that I had a lawful status as I had seven month’s valid UK studnt visa can USCIS deny my application as I should seek asylum in UK instead of coming to US. My only reason if coming here was due to the fact that I wanted to apply asylum with my wife as she had no UK visa to join me there.Or they may ask say that I had to stay in UK apply and my wife apply asylum again in US
I think you will be alright. Unless you were “firmly resettled” in the UK, you should be eligible for asylum in the US. If you had an offer of permanent immigration status in the UK, that would likely be a problem. This can be an issue in asylum cases, and if you are not sure, you should consult with a lawyer to help you with this issue. An alternative might be to have your wife file for asylum independent of you (even if she is your dependent in your case), since she was not in the UK. Before you do that, talk to a lawyer. Take care, Jason
Thank you so much.I appreciate your answer.
Hello Mr Jason
I applied for asylum it ‘s been a year.My case case still pending up today, can it is possible for me to attend university as an dylum seeker,? Sometimes it ‘seems that I am illegal .under what status can I attend college.or I must wait until decision on my
asylum case to get into university for studies .how can I proceed.thank you.
MORGAN
If you have your work permit and asylum receipt, you should be eligible to attend university – you should talk to the university about it, but we have many clients who attend university while their cases are pending. Take care, Jason
Hello Jason,
Just went ask how long he will take to get decision with Ombudsman? I send a request for assist me to follow my case at Chicago Asylum office because since I did my interview in October 2013 I did not get final decision. But the affirmative date is passed.
The Ombudsman typically take 3 or 4 months to get an answer, but it could take longer. Take care, Jason