It’s been a month since the Asylum Division surprised us by changing from a first-in, first-out (FI-FO) system to a last-in, first-out (LI-FO) system. Under the new system, cases were supposed to be interviewed in the following order of priority: (1) Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS; (2) Applications that have been pending 21 days or less; and (3) All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings. So in other words, the Asylum Offices would interview newly filed cases first; then, if they had extra time, they would interview recently filed cases, working their way backwards through the backlog.
We’re now a month in, and the new system is not working exactly as advertised. In our office, for example, we had one client whose case was filed in mid-January 2018. The case was scheduled for an interview earlier this week (we postponed it, as we needed more time to gather evidence). This is about what we expected under the LI-FO system. Another client, whose case was filed in August 2014 was scheduled for an interview in mid-March. The Asylum Office mailed out the interview notice in mid-February, at a time when LI-FO should have been in place. This is not what we were expecting. So what the heck is happening?
It turns out that different Asylum Offices are implementing the LI-FO system in different ways. In a conference call with AILA (the American Immigration Lawyers Association), the Asylum Division informed us that if they do not have enough new cases to fill their schedule, Asylum Offices will interview cases from the backlog. The different offices apparently have the authority to decide which backlogged cases they will choose to interview–old cases, new cases or (I guess) whatever cases they feel like interviewing.
In my local office–Arlington, Virginia–it seems they are interviewing old backlog cases–from 2014. This is contrary to the interview priorities published on January 31, 2018, where the Asylum Division indicated they would work their way backwards through the backlog. It sounds like other Asylum Offices will interview newer backlogged cases–from January 2018 or December 2017, in conformity with the published priorities.
On one level, my preference is that the Asylum Offices interview older cases first, as that seems more fair. But frankly, at this point, my main concern is that they just make a decision and stick with it. It’s bad enough that the Asylum Division announced a surprise change and basically upended the expectations of asylum seekers (and their lawyers). But now, it seems they can’t even follow their own policy.
For advocates, including yours truly, this makes it very difficult to know how to prioritize cases and advise clients. Worse, so much uncertainty makes it even more difficult for asylum seekers to endure the long waits.
Of course, all things pass, and my guess is that we are currently in a period of transition. After the recent change to LI-FO, many attorneys and applicants stopped filing cases. Prior to the change, we were filing bare-bones asylum applications with the intention of finishing the cases later, as the interview date approached. But now, given the (supposed) short time between filing the case and receiving the interview, we have to file completed cases. It takes more time to prepare complete cases, and so we are adjusting how we do things. As a result, fewer cases are being filed and the Asylum Offices have a brief pause to work on backlogged cases.
However, once everyone re-calibrates, I expect the volume of new asylum applications will return to normal, and the Asylum Offices will probably be interviewing new cases, and maybe–if we’re lucky–some cases from the backlog.
Once things settle down, it would be nice to know how the different Asylum Offices plan to interview backlog cases going forward. That way, asylum seekers will have some idea what to expect, and attorneys can advise their clients and manage their caseload. In this sense, the now-defunct Asylum Office Scheduling Bulletin was quite helpful. At least we had some idea about what was going on.
My hope is that the Asylum Offices will choose to provide us with some information about how they are operating. This shouldn’t be all that difficult since each office has its own website. Indeed, whether they are moving through their backlog from oldest to newest or from newest to oldest, I don’t see why they can’t simply tell us where they are.
And while I’m wishing, maybe they can also give other useful information on their website, like the deadlines for filing evidence and the procedures for rescheduling, expediting, and short-listing. Repeat customers like me already know the rules, but pro se applicants don’t, and there is currently no easy way for them to find out. Why not simply post this information on the Asylum Office website for everyone to see?
I know that all this is probably asking for too much. I also know that the Asylum Offices are in a tough spot these days. The Trump Administration is clearly hostile to their mission of protecting bona fide refugees, and anything they do to make the process more user-friendly might come back to bite them. Also, they are potentially on the cusp of a massive surge in new cases, if nothing is done for DACA or TPS recipients. Nevertheless, it would be nice if they could follow the policy that they announced less than a month ago. Or, if they don’t plan to follow the policy, at least keep everyone informed about what they are doing.
Hi Jason, I requested asylum on December and my girlfriend in my country which was also trying to escape, finally made here too and is going to request also asylum. We would like to get marry here in the US. Can we do that? if so, can we include each other in our cases?
You should be able to marry here – that is no problem (unless you are previously married and not divorced). Depending on what you want to do, you can just add her to your case once you are married, or she can file her own case. If you want to add her, contact the asylum office for info about how to do that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason, Is not possible to just add each other at the interview if we already sent our cases? or do we need to quit to one of the cases?
I suppose you can inform them about the marriage at the interview, and ask to include the spouse in the case. That should work, but it might cause delay since they will need to issue a biometric notice. Also, if you marry and your case is already pending, it might be faster for your wife to get her EAD if you add her to the case, rather than wait 150 days for her own EAD. If she has not yet filed, maybe she can list you as a spouse in her case, and not add you as a dependent (since you already have a case). That way, if she wins, she can file to get your asylum also. If she wants to include you as a dependent, it may affect how/where the case is filed, so check the I-589 instructions to be sure. Take care, Jason
Hello,
Did anyone who applied for asylum in Arlington Virginia office area after LIFO was adopted get interviewed? I submitted my application on Feb 21, 2018, did biometrics on March 14, 2018, still waiting.
Thank you.
We had one case filed in mid-January that was interviewed, but our cases filed in March have not yet been interviewed. Take care, Jason
Hi Jason I wish to fine out if the Li-Fo system is now fully operational in my local office–Arlington, Virginia. I applied for asylum in September 2017 and really wish my case can come up for interview early. Kindly share any latest update u have . Thanks
It is still unclear (at least to me) what is happening in Arlington. We filed some cases in March, but there are no interviews scheduled yet. Also, the last cases we had interviewed there (aside from expedited cases) were from fall 2014. I do expect they will fully implement LIFO, but given the volume of cases, it is not possible to predict when a case from September 2017 will be interviewed. Hopefully pretty soon. Take care, Jason
Hi Jason. thanks for all your help. I have a question. Does this The Last-In, First-Out Policy apply for those who request asylum at the borders too? Many thanks.
Yes, but most such people (at least the adults) will be sent to court where they will apply for asylum with the judge, so after the credible fear interview, their cases will not be with asylum officers and they will not be subject to LIFO. Minors who arrive at the border will be interviewed according to LIFO, at least as far as I understand. Take care, Jason
Hello,
Given the recent change in case processing system, I filed in 08/2017 and currently have work permit. Is it possible to send in a fresh application? Probably mentioning my USCIS number etc. My last application was done by me and I’ll like to get an attorney properly file a case this time around. Please let me know your thoughts
I do not think that would work, though I have never tried it. You can hire an attorney to help you going forward – the attorney can help with the affidavit, evidence, preparing you for the interview, etc. Take care, Jason
Hello Jason,
I have withdrawn my asylum application due to the very unfortunate situation of last-in first-out system. I still have valid student visa and I am really (really) trying so hard to extend my stay here in US as much as forever. Could you please suggest me any possible/ positive ways for my future immigration issues to extend the stay with little or no effect from withdrawing that asylum case? I am really worried and I hope to hearing back from you.
There are lots of ways (marriage to a citizen, job sponsorship, visa lottery), but it depends on your case. Talk to a lawyer to go over your options. Take care, Jason
Hey,how can I withdraw my asylum application.if I’m in asylum process can I get married to get a green card?
Contact the asylum office to ask about termination. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
.
Just for record:
I sent my application 12/07/17 and it was pending since 12/11/17
biometrics 01/04/18
date of Interview 04/18/18
SF Asylum office
Hi Daniel,
Good luck on your interview. Do you mind if I ask how soon in advance did you get your interview date? I applied in October 2017 in SF as well.
Hi, Murad!
They sent it to me on 03/28/18 and I received it 04/03/18
Thank you – That is helpful. And good luck with the interview, Jason
My update: decision came yesterday 5/14/18, but I’m out of town, so don’t know exactly what decision is) I will pick up it in post office on Thursday. Only what I know-it’s certified letter-any clues what it could be?
I don’t know, but I wish you good luck, Jason
All right, full time line:
I sent my application 12/07/17 and it was pending since 12/11/17
biometrics 01/04/18
letter about interview sent to me on 03/28/18
I received it 04/03/18
date of Interview 04/18/18 (request of evidence was issued till 04/25/18)
sent all evidence 04/21/18
granted asylum 04/26/18 (date in I-94)
letter sent to me 05/09/18
I received 05/14/18 (pick it up 05/17/18)
SF Asylum office
Congratulations! And thank you for sharing this. I did a post yesterday that might be of interest to you. Best of luck in the United States, Jason
Congratulations Daniel. Good news
Congratulations Daniel!
That sounds amazing. My file date was 12/21/2017 but I still haven’t heard about any interviews. May I ask what country were you seeking asylum from? Also, did you apply for an expedited interview or did you get on a shortlist?
Also, does anyone know anything about the Houston Asylum office and how it is handling applications filed right before their January announcement (like mine)?
Thank you in advance!
Samuel
Hello,
I transfered my file to the San Francisco Asylum office, some months ago and still haven’t heard any news about my Interview. Can anyone please let me know how to apply for an expedited interview request or short list with the SF Asylum office?
Thanks,
Ian
Not all office have short lists, so you will have to check that with the SF office. You can find their contact info if you follow the link at right called Asylum Office Locator. I wrote a post about expediting on March 30, 2017 – maybe that will help. Take care, Jason
Hi Ian,
Where did you transfer it from? Also what was your original “filing date” and when did you move?
Thnx
Hi, Samuel. Sorry for long waiting. I was asking for protection from Russia and didn’t do any special staff like short list or expedited interview. So it’s just happened
How do o fill put the ead form and how do i answer question 19
Sorry, I cannot answer specific questions like that, as I do not know your case – you would need to read the instructions or talk to a lawyer for help if you are stuck. Take care, Jason
If the green card application is rejected due to incorrect fee? Can we send the same application package which is returned with correct fee ?
2 – Do we need another seals medical history?
3 – if you submit I-485 and Travel documents application togather do we have to pay biometrics fee separately for both or just once?
1 – Yes. 2 – I would wait on that – sometimes, the GC case takes so long that the medical exam expires. If USCIS requests it, you can send it later or bring it to the interview. 3 – You pay the $1225 and that allows you also to get a travel document (form I-131) and a work permit if you want it (form I-765). Take care, Jason
I submitted i-485 and I-131 togather and paid biometrics fee twice. 1225 and 220.
Do they need to return the amount or will they ? or
I can request to return?
or I should just forget about it. (Its processed already)
How you find such information on internet? Any website?
When you pay for the I-485 ($1225), the fee also covers an I-765 and an I-131, so hopefully you will get $220 back and they will process the travel document. Maybe this info is in the instructions to the forms; I am not sure, as I’ve been doing it this way for years and haven’t looked it up lately. Take care, Jason
Hi Jason,
I have filed my Asylum application on 30 mar 2016 in new York.I did not receive my interview letter yet as its been 2 years since I applied.I just sent a request to my asylum office for knowing when they will send me interview letter.They replied there are several pending applications in backlog before my application and new York office is interviewing to the people who applied in mid of 2015.There is still 9 months gap behind since I applied.What do you suggest me about how much more time i do have to wait for my interview letter by them considering the new change in policy from Jan 29 2018?How can I get an early interview letter like in three to four months?Also what is the interview climate these days?I will be thankful to you for your advise to me.
I do not know when your interview will be – no one else does either, including the asylum office. You can try to expedite your case – I wrote about that on March 30, 2017. As for the environment, statistically, it is getting more difficult to win asylum (I wrote about that on February 7, 2018). However, we still see most good cases being approved. Take care, Jason
Thank you Jason for your great advise to me.
I applied for asylum in January 2018 and Have not received an acknowledgment of receipt of form I-589.But I received a notice to complete my bio-metric on February 9 2018, which was done successfully on March 1. Now, I am still expecting my acknowledgement of receipt and interview date.
Is there any one who has been called for an interview who have applied for asylum since Jan 2018 ? Tnx
We had one case filed in mid-January 2018 that was called for an interview. Take care, Jason
was it in Arlington ?, because my case was received on Jan 12 in Virginia and my attorney is in maryland but nothing has happened so far and I was wondering if something has gone wrong ?
And I was wondering if there was someone
Who had personal experience other than yours ?
Thank you very much for everything that you are doing.
Our case was in Arlington, but it could easily be that your case did not make the LIFO cut, and so you are in the backlog. Arlington is currently working on 2014 cases, but if they change to 2018 cases, as they said they would, you will be at the front of the line. If you received your receipt for the I-589, you should be fine. Take care, Jason
Thanks Jason.
Jason, dear, thank you so much for all you do for all of us, no words to describe how much we appreciate YOU and how grateful we are. I will finally have my interview in April and am wondering should we take our lawyer with us? What is your recommendation on this matter?
And second question, if one of my dependents will be in the hospital or recovery facility, can she not attend the interview and can we just provide the documents that she stays somewhere and not able to come or do you think it could cost some problems and the presence of dependents is absolutely necessary ?
Thank you so much!!!!
It is helpful to have a lawyer at the interview (this is especially helpful if the asylum officer is not good; most of them are good), but more important than that is to prepare with the lawyer prior to the interview. If the dependent cannot attend, bring evidence about why. They will have to come later for a brief interview, and this could delay the ultimate decision. Take care, Jason
Hey Jason
I applied for asylum in November and received an acknowledgment of receipt of form I-589 sometime in 2nd week of December. I also received a notice to complete my bio-metric, which was done successfully. Now, I am checking my case status, it says receipt number invalid. On further investigation i found out, the receipt number will be mentioned on form I-797.
Now I have not received form I-797, also not received my copy of form I-589 (which i presumed, they would send eventually). It’s been more than 90 days, after i submitted for I-589
My question is : 1. Does it usually take so long to receive for I-797 or I should start worrying? 2. As per the new LI-FO rule, when will my interview likely to be scheduled? and finally do you have a office in California, where I can schedule a visit?
God Bless…. Thanks
Sree
1 – You cannot check an asylum case on-line. Everything sounds normal to me. 2 – It may be soon, so make sure you are ready, but we do not yet know how the different offices will deal with the backlog, or even if they will be able to get to backlogged cases. Take care, Jason
Hey Jason,
My mch is on August this year in Los Angeles. My question was if I apply for medi-cal (medical insurance) and if I get aid from the federal for my operation(because I’m a low income individual), does it going to effect on my case?
Thank you!
It may depend on the case. For an asylum case, it should not matter, but other types of cases, it might have an effect. Hopefully, you will have a lawyer for your case, and that person should be able to help you with the question. Take care, Jason
Hello Jason thank you so much for all these positive posts.
I have a question
Last year we had our interview in October and December my wife & I and our decision is still pending.
Yesterday my wife called them and they answered that our case is under review. What that means?
I think it means nothing. It is just their way of telling you that they do not yet have a decision. Hopefully, you will get some good news soon. Take care, Jason
Hi Jason! Thank you a lot for your help! I have one more question, how can i send letter to USCIS regarding my case (waiting final decision since NOV 28 2017 and got RA and have now background checking)?
I did check Asylum Office Locator at the right side but i cannot figured out how send actual letter or request, please if you could help me with this.
If you enter your zip code in the Asylum Office Locator, you can follow the links to your local asylum office’s web page, you will find the mailing address and the email address. Take care, Jason
thank you but where i can find sample of letter meaning what exactly should i write?
Just give them your name, A number, birth date, when you filed, when you were interviewed, and ask your question. There is no format, but keep it short and sweet. Take care, Jason
Hi asylum family,
Has anyone had experience travelling within US while asylum pending? I dont have my EAD yet and my visa has expired, what should I use as an identification? Should I wait for my EAD to get my DL or my passport will work(not sure if it is ok to use my passport within US)?
Thanks
You would need Advance Parole – I wrote about that on September 11, 2017. Take care, Jason
Jason, I think murad was asking you about traveling domestically. murad wants to know what can be used to travel domestically as he/she doesn’t have an ID.
To travel by air, you need an ID. I do not know all the requirements, but he can check with the airline or airport. Take care, Jason
USiCS send my finger print to my country and check for background?
How do you know that ?
Just heard this from someone.
Maybe to the US embassy, but not to your home government. Take care, Jason
Hi Jason.. a very thankful attorney
I wonder where the los angels asylum office is working
I just filed my asylum case in February 18 at there so any one who get interviewed this month better share their wait for interview
Thank you for yr reply
Dear Hanna,
I hae applied at LA office back in July, 2016! No interview nothig! I have work permit though!
If you filed February 18, 2018, I expect there is a good chance you will receive an interview soon. If you do, please let us know, as that will help others. Thank you, Jason
Thanks a lot jason
We are very glad to have you in helping n awareing us.
For sure I will share what and one thing I want to ask you is ,is it a must to provide the evidence for a case n what if I couldn’t submit evidences?
Thanks in advance
GBU
If you can’t submit evidence, you need to explain why you could not get it. I plan on doing a blog post about evidence in the near future, but I am not quite sure when, so maybe check back in a couple weeks. Take care, Jason
Please do that Jason. according to my and my friends interview experience with young asylum officers, they are asking for evidence for nearly each statement we made for the application. Old AOs seems to understand that it is not easy to get evidence for everything, especially when we are persecuted by our home government. But young officers seems to be very keen on pursing evidence for each piece of information. they may be due to TRUMP admin’s latest training requirements for new AOS>
It’s in the works. Take care, Jason
What happens If ur case is referred to the cour?how long is the wait?
It is not predictable. I wrote about this in a posting yesterday. Take care, Jason
If my lawyer keeps referring to your blog to answer my questions does it mean that he is not qualified or does it mean that you are too good ? (Serious question)
Maybe it just means I have more free time than him. But if you think he does not know what he is doing, you can always change lawyers. Take care, Jason
Hi Jason.
I am planning to go on a short vacation to Hawaii , while I know its allowed to travel within the US while your asylum case is pending. I have read some people that if maybe the plane was to have an emergency landing in a foreign country enroute to Hawaii you wont be allowed back. This got me worried a bit, In your experience have peolple had trouble while Traveling to/Hawaii? Are they things I should be careful of while traveling? Thank you for the work you do here.
I am not sure that there is a country to land in between the US and Hawaii, so I don’t think it is a worry. Just make sure you don’t transit in Canada on the way there. Otherwise, I know of no issues for a person traveling to Hawaii. Mele Kaliki Maka, Jason
Art, if you want to go to Hawaii just for vacation as an asylum applicant, I would suggest that you don’t do it. You have actually asked a very reasonable question when you asked what would happen if there were to be an emergency while flying to or from Hawaii. Geographically speaking, while I am not sure if there is any country between mainland US and Hawaii, your hypothetical question is not farfetched. There are may places that you can vacation in the US (mainland).
Even for asylees (people who are granted asylum), Immigration Equality has advised that if you don’t have to leave mainland US, you shouldn’t. According to Immigration Equality and New York City Bar- and, yes, I have actually consulted both organizations- given the current political climate, asylum applicants (especially asylum applicants) and asylees should not leave the Contiguous United States (the 48 adjoining states plus Washington DC).
Of course, if you must travel (as in leave mainland US), then you MUST secure the necessary travel documents before you leave the US. In fact, they have concluded that, if possible, you should consult an attorney before leaving the US. Most importantly, you must ensure that you have an impeccable record- this also involves not overstaying whatever visa was given to you.