The U.S. government recently announced that we will be raising the refugee cap and accepting thousands of additional refugees from Syria. We’re hearing the usual angry voices decrying the “invaders” and the “jihadists,” but that is not what I want to discuss today (I’ve already written about Muslim refugees here). Instead, I want to cover two topics: First, I want to discuss the process of how refugees get selected and screened to come to the U.S., and second, I want to discuss whether the additional resources necessary to process these new refugee cases will impact people seeking asylum in the United States.
So how does the U.S. government decide who gets resettled in our country? What is done to prevent terrorists and criminals (not to mention phony refugees who are simply economic migrants) from taking advantage of our generosity?
First, the U.S. Refugee Admissions Program (“USRAP”) is an interagency effort led by three government agencies: the U.S. State Department, the Department of Homeland Security, and the Department of Health and Human Services, Office of Refugee Resettlement. The process also involves the United Nations High Commissioner for Refugees (“UNHCR”), the International Organization for Migration, and a number of nongovernmental organizations that assist during various stages of the process.
A refugee case begins either through a referral or a direct application. Most cases (about 75%) are referred by UNHCR. Another 25% of cases come through direct applications under various programs. For example, there are programs for U.S.-affiliated Iraqis and for religious minorities from Iran and the former Soviet Union. There is also a program for certain Cubans. The newest program is for Central American minors who have a lawfully-present parent in the United States. In addition, a few cases are referred to the program by U.S. embassies and certain NGOs.
Each applicant must complete a series of mandatory steps before she can be resettled in the U.S. These include an in-person DHS interview, a security background check, and a medical exam. The process is labor-intensive and generally takes 18 to 24 months from referral to arrival in the United States. It’s not cheap either. Last year, the USRAP cost the U.S. government over $1.1 billion.
After the refugee is selected, she must be interviewed. The interviews are conducted by DHS officers, and take place at more than 70 locations worldwide. Before the interviews, the applicants are assisted by different NGOs, such as the International Rescue Committee and the International Organization for Migration, which collect biographic and other information that is forwarded to DHS for adjudication.
Next, all refugees undergo multiple security checks before they can be approved for resettlement in the United States. Refugees are subject to the highest level of security checks of any category of traveler to the U.S. The screenings are conducted by several agencies, including the National Counterterrorism Center, the FBI’s Terrorist Screening Center, DHS, and the Department of Defense. Details of the security checks are classified, and so we do not know a whole lot about the process.
Finally, refugees undergo a health screening, TB testing, and three days of cultural orientation (where, presumably, they learn about McDonald’s, Taylor Swift, and hot pockets).
Travel to the U.S. is arranged by the International Organization for Migration. The U.S. government pays IOM for the cost of air travel, but before departing for the United States, refugees sign a promissory note agreeing to repay the cost of their travel (whether they actually repay the loan, I have no idea).
Nine domestic agencies in about 180 communities throughout the United States work to resettle the refugees. Every week, representatives from the agencies review biographic and other information to determine where to resettle each refugee. The agencies welcome refugees at the airport and begin the process of helping them settle into their new communities. The agencies also provide reception and placement services in the first 30 to 90 days after arrival. This includes finding safe and affordable housing and providing services to promote self-sufficiency and cultural adjustment. The Office of Refugee Resettlement continues to offer support to the refugees for up to five years after arrival.
So that’s the basic process that each refugee—including the additional Syrian refugees—will go through to get to the United States. It is not a fast process because of the vetting, but it is designed to minimize the risk of terrorists and criminals infiltrating the resettlement system.
One concern for asylum seekers is whether increasing the number of people admitted under the refugee program will impact the asylum system.
The asylum office is funded by USCIS customer fees. If you have ever applied for an immigration benefit, you know that filing fees can be expensive. A small portion of the fee covers the cost of operating our asylum system. So if resources are shifted around to resettle additional refugees, the asylum offices should not be affected. They have a different, independent source of funding. That’s the good news.
The possible bad news is this: All the new refugees must undergo security background checks. This process is quite opaque, and therefore we know little about it. Whether the resources used for refugee background checks will impact the background checks for asylum seekers, we don’t know. It seems that refugees and asylum seekers are subject to many of the same security checks. If so, additional background checks for refugees might further slow the background check process for asylum seekers.
Thus, while the additional refugees probably will not slow down the asylum interview schedule, they might cause more delay for asylum seekers’ background checks. Whether and how much of an impact there might be, we will know soon enough.
Hello how are you I went to the asylum office to ask them about my case and they said that your decision is preparing to come out it’s need a few weeks .
I want to know how many weeks I have to get my decision usually .
Thank you
I have no idea. Give them 3 or 4 weeks, and if there is no decision, you can inquire again. Good luck, Jason
Sorry I make a mistake the first interview was June 2014
Thank you
Hello how are you
I get a letter from USCIS they said that :
Please be advised that your request is currently being reviewed by upper management
Once a decision is made we will notify you by mail.
Can you explain what this means knowing I wait for my decision from three years and half and I did three interviews the last one was April 14 2017 and the first one was June 2017
Thank you so much
Sorry I make a mistake the first interview was June 2014
Thank you
I wrote about this issue on October 20, 2015 – maybe that would help. Hopefully, it is a positive sign, but some cases do seem to get stuck after the interview for a very long time. You can email the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can contact the USCIS Ombudsman – there is also a link at right. And if nothing else works, you can talk to a lawyer about a mandamus lawsuit. Take care, Jason
Thank you so much for your answer but l have one more question .
Is my background check is finishing and they will give me my decision or not yet
I do not know – they normally do not tell a person when the background check is complete, but you can ask, and they may be able to tell you this. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
[…] independently screens them and performs background checks (I’ve written about this process here). Ms. Rush’s fear-mongering and dishonesty about Syrian refugees suggests that her motivation […]
Hi Jason,
It’s been past 180 days that my asylum app has been pending. I’m trying to complete the Ead app.I have had a previous ead under OPT as a student. However, now that I’m under a different category, would it be considered my first or do I still have to pay for it?
Thanks in advance.
If it is your first EAD based on asylum, you do not pay. Take care, Jason
Hello Jason,
Thanks for helping the whole world with joyous information.
Jason i am from Africa age 22 years whose refugee status has been denied since 2014 and i did interview with my whole family in 2012. before the denial my big brother who has a single case has been taken to America in the year 2014. now he is a green card holder. can my brother hire a lawyer about our case.
Sir Jason please let me know the best i can do about my case. here i have described all bout my denial case.
OTHER REASONS: After a review of all the information concerning your case. including your testimony, supporting documentation, background checks, country condition and other available information.
You application for refugee resettlement in the United States under section_____ of the immigration and nationality act has been denied as a mater of discretion for security-related reasons.
Based on the reason or the reason indicated above, your request for resettlement to the United States is denied.
There is no appeal for a denial of an application for refugee status, USCIS may exercise its discretion to review a case upon a timely receipt of a request for review from the principal applicant.
The request must include one or both of the following.
1) a detailed account explaining how a significant error was made by the adjudicating officer or
2) new information that would merit a change in the determination
Please note that if you provide new information in your request for review, you must provide and explain about why you did not provide this information at the interview.
USCIS will only accept one request that is post marked or received by USCIS or the RSC within 90 days from the date of this notice.
You may wish to include a copy of your notice of ineligibility with request for review.
FROM: ALI MOHAMMED
PHONE NO:0705968942
RE: CASE INQUIRY
I am kindly most graciously requesting to your esteemed office for the above mentioned issue.
I hope a compassionate and humanitarian consideration to my case.
Thanks
From: RSC Africa Refugee Inquiries
To: Ali Mohammed
Dear Ali,
Thank you for your inquiry regarding the above mentioned case. An update is provided below.
Please note that the status of your case has not changed since the previous correspondence sent on 10 NOV 2015. Your Request For Review is still pending for review. You will be notified once the review is complete.
Kindly note that the resettlement process is long and it can take months or even years to complete, and not everyone who starts the resettlement process will be approved to travel to the United States. We appreciate your patience.
Kind Regards
Dear Jason,
So sorry, I know that I’m asking to much but you are the only option I have
I’m preparing my I-765 for myself and my family since I can’t afford to pay a lawyer after being that long without a job, actually I have several questions:
1- Since I haven’t been called yet for interview, how I will send a proof that my asylum application is under administrative process?
2- As I understood that I have to attach the following
A) Application
B) Copy of my I-94 printed from the immigration website.
C) Passport copy, including visa page.
D) State driving licence or ID.
E) 2 Colored Photos.
Is there anything else I should send?
3- In my case I will be submitting 4 applications (Myself, Wife & 2 kids) should I put all applications in one envelope while submitting or it should be send separately (each in a separate envelope)?
4- Just to make sure, I should be under (C) (8) category, in question 16, it shows 3 spaces ( ) ( ) ( ) how it should be written?
Thanks & regards,
Ihab
Sorry – I am not able to give this type od advice, as it would potentially make me responsible for any errors in the application. I suggest you contact a local charity, like Catholic Charities, and they can often provide this type of specific advice. If you cannot, you will just need to carefully read the instructions and comply. If you make an error, USCIS will send you a letter explaining what the error is, and then you can correct it. Take care, Jason
I appreciate your answer, thanks a lot
Hi Jason,
I can understand exactly what your saying can you at least answer me on that question?
In my case I will be submitting 4 applications (Myself, Wife & 2 kids) should I put all applications in one envelope while submitting or it should be send separately (each in a separate envelope)
Thanks & regards.
It is fine in the same envelope as long as it is clear that it is 4 cases and each case is complete. Take care, Jason
Hi Jason,
As per my knowledge, asylum seekers are eligible to apply for work permits after 150 days from date of submitting the asylum case if the interview is not made yet, Does that include all family members (Wife & kids)? or only the main applicant is eligible to apply for work permit? if all are eligible to apply for work permit is it in the same I-765 form or each should submit a separate form and is there a minimum age for my kids to be able to apply?
Thanks & regards,
Sorry to bother you, is there any way I can check the clock status?
Thanks a lot
If your case is in court, you can call this number (it is a computer) and type in your Alien number; it will tell you the clock status: 1-800-898-7180. If you are at the asylum office, I think you can ask the office directly, but I do not know how easy it is to get an answer from them. Take care, Jason
Thanks a lot
Everyone who is included in the case (meaning they submitted a separate page 9 of the I-589 form when you filed your case) can apply for an EAD. Each person must do his own I-765. I do not think their is a minimum age, but you should check the instructions to be sure. Take care, Jason
Many thanks
Hi Jason,
I applied for asylum with my wife & 2 kids in June 2015, I’m not afraid of the security check I know that we are very clean, what I’m worried about. does stopping the Syrian refugees means stopping the Syrian asylum seekers who applied inside the USA, in other words will that effect on the clock of the case we have been spending our money for the last six months waiting for the 150 days to pass to get our work permit in order to be able to work, would that be effected with the decision about Syrian refugees?
Thanks & regards
The measures that Congress is trying to take against refugees should have no effect on asylum seekers. So (for now at least), you should be fine. Take care, Jason
Thanks a lot for the help, God bless you
Hi Jason. I live at Seattle. I applied for the Asylum at the year February, do you have any suggestion when can I go for the interview?
Seattle is a sub office of San Francisco, and so I expect it will be slower than the main office in San Francisco (you can see the wait times at the Asylum Office Scheduling Bulletin – the link is at the right). You can also email the San Francisco office and ask about wait times in Seattle. If you are lucky, they will reply to you with some information. Take care, Jason
Hi Jason.
I have applied for DV L 2017,at the moment we have a son, and my wife is pregnant, in three months our second child will born.
My Question is. if we win the DV L 2017, can we add his/her name in the list for interview.
Thanks
Habib
I really don’t know about adding new children to the DV lottery. If you happen to win, you should probably hire a lawyer to help you. Good luck, Jason
Hi Jason,
I applied for my asylum at Miami office on april 2015. I already got my EAD but I’m moving to NC. Do I only send the form to change my address and that’s it?
Yes, the form AR-11.
Any impact that the additional security checks will have will probably be minimal. The biggest issue is going to be whether the increased refugee processing pulls human resources away from the asylum offices. Traditionally the asylum program personnel have accounted for about 25% of all refugee interviews. If that is continued the 40% increase in refugee admissions will require additional asylum officers to be detailed to the Refugee Affairs Division at a time when the asylum offices are trying to get a handle on the increasing backlog of asylum applications. Personally I think that the asylum program would balk at the suggestion of increased refugee processing details at this point. But, depending on how high a priority the administration puts on actually meeting proposed numbers in 2016 and 2017, it could pull asylum offices away from the interview schedule just when they are needed the most.
Thank you for the comment. Yesterday, I heard from a reliable source that officers may be pulled away from asylum cases to deal with the increased number of refugee cases. So it seems that this may cause more delay than I initially feared. Ugh.
I have an asylum pending case and my native passport is expired so if i want to send it for renewal is that okay or will be ecffect on my asylum decision thank you so much
Our clients have done that and it has not been a problem, but it could be a problem. If you renew the passport, you are communicating and getting assistance from the government that you fear will harm you (assuming you fear harm from the government). It may be better to not renew the passport unless it is absolutely necessary, and then have some evidence to show why it was necessary.
Hello Jason,
I applied for asylum in June of this year but still haven’t gotten the interview notice (Chicago office), I’m 17 and a Syria citizen.
I know it will take a long time but just an estimation, what is the chance of getting asylum granted, based on that (I’m Syrian, atheist and openly gay)?
Thanks
My advice to you is to visit uscis.gov and search “asylum office workload.” Then you’ll be able to see USCIS publications about the asylum grant rate per office, per month.
USCIS does not publicize grant rates by asylum claim types (LGBT, religion, race, etc.), so it’s unintelligible what YOUR specific grant rate would be.
I’m not an attorney and the above is not a legal advice. This message does not create a lawyer-client relationship.
Chicago is still interviewing cases filed in 2013, though sometimes cases of minors are moving more quickly. The substance of the case you describe (Syrian, atheist, gay) sounds like a strong case, but of course, it depends on the individual circumstances. Good luck, Jason
Hi Jason, thank you for the information, I went to the arlington asylum office 2 days ago, since I put my name on the short list notice and never heard back I wanted to check and filled out the enquiry. But I have been told that they stopped the short notice list and there is no more. I was devistated, I lost my father recently and I am having such a hard time, I want to expedite my case because I am not handling well the situation. So first I want to check the short notice list if you heard something about it? And second what are the chances for to expedite the case?
Thank you
Hi,Tania. I am at the same situation. Can you tell us when you filed for asylum?
Thanks for advance.
My understanding is that you cannot take advantage of the short list any more. When you want to expedite your asylum interview date, there are only 2 situations you may qualify for the expediting.
One is when the asylum seeker has a serious medical condition. In one instance, the asylum seeker had a degenerative brain conditioin that slurred speech. His lawyer notified the asylum office with medical documentation, and the interview was scheduled immediately.
Another situation is when the family of the asylum seeker is in danger overseas.
I’m afriad in Mimi and Tania’s cases, your only way to expedite the asylum interview is to relocate to a jurisdiction of another office with a shorter wait time. You can see the asylum wait times here: http://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin
I’m not an attorney and the above is not legal advice. This message does not create a lawyer-client relationship.
Dale Lee, thank you so much for your care and advices. As for me, I already relocated my case from NY(Rosedale) to Arlington, but still nothing, one year I waited in NY and 10 months am waiting in Arlington,. In addition I didn’t get my renewal EAD( 97 days have been passed) and nothing helps to speed it up. There is nothing worse than waiting, waiting, waiting…
Mr. Dzubow, thank you for writing a post regarding the recent DOS annoucement.
And your welcome, Frenky. As an asylum seeker and a law student myself, it’s meaningful to me that my help is being appreciated.
You said that you’re waiting on your renewal EAD application to be approved for 97 days. For initial EAD applications, are you aware that you can apply for an intrim EAD at your local USCIS office if it has not decided on your EAD application for over 30 days? I wonder whether the same applies to the renewal applications.
Some asylum seekers say that contacting their congressional member’s office can be helpful when the EAD application is being back-logged.
Also, did you file your renewal application in a timely fashion? You cannot file it more than 120 days before your current EAD expires.
I’m not a lawyer and the above is not legal advice. This message does not create a lawyer-client relationship.
I would only add that I do not have information about the short list for each office. In Arlington, it has been suspended – maybe this is temporary; maybe permanent. Other offices in the U.S., I do not know.
They stopped the short notice list because it was actually as backlogged as the regular cases. I just recently learned about this myself. If they make some progress on the list, it should re-open. It is still possible to expedite a case, but it is difficult. I tried to expedite a case we filed in 2015, but the asylum office refused – they told me that they would only expedite cases filed in 2014. It is pretty rough. Good luck, Jason
Jason, Dale Lee ,thank you again, I really appreciate all your advices and help in this difficult path of our lives.
Dale, yes, I filed renewal EAD in time (it was between 120-90 days before), two days ago I phoned to service center for interim EAD and officer told me that- “there is no more interim EAD”. Today I want to contact with my congressman’s office (I live in GA). It is my last hope. I wish one day it all goes to it’s happy end!
I wish you good luck. But I must tell you that the Congress people are not so helpful. Maybe you will have better luck. If so, please let us know. Thank you, Jason
Thank you, Jason! Definitely, I’ll do it.
Thank you for your reply Jason, I applied on Oct 1st 2014, is a loss of a parent can be a reason to expedite a case? Because I am grieving for my father, I am in a serious trouble, not thinking clearly right now. Hopelessness and meaningless life is what I am seeing right now. Plus I am having a hard time eating and breathing right. My husband is back home which makes it even more difficult because he is the only one I am comfortable with to talk about my feelings. Please Jason do you think there is hope for me?
The situation now is pretty bad (as you know). The loss of your father may be a reason to expedite – you should include some evidence, such as death certificate and a letter from your doctor about how your father’s death is affecting you. My advice is, try to expedite, but prepare yourself for the possibility that your request will be denied (or ignored). Good luck, Jason
Hi Jason, so I asked my lawyer to expedite my case for me, but in your experience how long does it take to give a decision on the matter? Because seriously I am in the edge of a cliff, I might not be beaten up or jailed here, but everything becomes too much for me, I cant handle the separation, its about to cost me my marriage, plus grieving for my dear father…………Jason I am going through hell. What if I ask for an advance parole to see my husband in a third country? I am losing my mind.
You can ask for AP to visit a third country to see your husband, but it has been a bit difficult to get, and it takes at least a few months. You should provide evidence of a “humanitarian” need for the travel (maybe a letter from a doctor about your depression). As for expediting, in our experience, it is very unpredictable. Our office has refused to expedite a case because it was filed in 2015, and there are cases from 2014 who have asked to expedite, so they will go first. But sometimes, they will expedite a more recent case. There is no rule about this; you ask them to do it, and if you are lucky, they do. I think you will need to find ways to endure the wait. Maybe you can find a support group for asylum seekers or get help from the community (church, mosque, etc.). Good luck, Jason
Hi Jason,
I had one question regarding travelling within the united states. I applied for asylum some moths ago and currently have a pending status. I was wondering if I can fly within the united states. If so, what travelling documents do I need to show at the security check points at the airport.
Thank you again and always appreciate your responses
You should be able to travel inside the US without a problem. Normally, a valid ID (passport, driver’s license) should be enough. Probably you should also carry evidence of your asylum case. Take care, Jason
Thank you very much!
My mother and my two brothers still in Syria how can i apply for them . Bay the way i am here with asylum case pending . Thank you so much
They would have to apply for visas the same way as anyone else: tourist visa, student visa, work visa, etc. There is not easy way to bring them here. Good luck, Jason
Hi Jason,
I wonder there is program for religious minorities in Iran, and there is no similar one for iraq!!! with all whats going on!!! thats stupid….
After checking the asylum workload, i found that all cases from iraq is about 2% of the 85000 cases all over the USA, which means 1700 cases (backlogged + finished), if we assume that only 30% done that means the remaining 1190 cases (for both Muslims + Christians), so as a result Iraqi Christians’ cases absolutely NOT more than 50% which means only 600 cases !!!!!!!!!! NOT big number if we divided it to the the two office where the Iraqi Christians living (Chicago + LA), 300 for each office is ONLY work of one month!!!
So, such law for Iraqi minorities will help and will not take a noticeable resources from USCIS….
How stupid I find that an Iraqi Christian to be questioned about their stories (security check is enough)!!! the whole world are fighting ISIS in Iraq!!!
There is a political aspect to these programs. We do not like the government of Iran, so we accept refugees from there. We (sort-of) like the government of Iraq, so we do not accept similar refugees from there. It has little to do with the danger in the country and much to do with US politics.
Hi jason
I got my asylum decision yesterday and they referred the case to the court in detroit and there was no hearing date.
I want to ask u what should i do and what is the next steps?
Is the case may be aprroved by the judge ?
How long will i wait the hearing because i heard it take 5 years is this true?
I do not know the wait times in your court, but usually, it varies from one judge to the next. Cases can take anywhere from less than a year to over 4 years. I guess in some places it could be 5 years or longer. You will need to wait for your hearing notice. You can also call this number: 1-800-898-7180, type in your Alien number, and the computer will give you your next hearing date (if any). It is a good idea to check the number every few weeks. Also, in court, you really do need a lawyer, so you should find a good one. Best of luck, Jason