Someone–maybe a new age guru–once defined for me the Buddhist concept of time: Once every hundred years, a monk walks up to a mountain and brushes it lightly with a feather. In a short time, the mountain will be eroded to nothing.
This is also good way to think about the asylum backlog. If you assume that the mountain is growing. And you assume that the monk sometimes forgets to show up.
If you’re stuck in the backlog, you don’t need anyone to tell you how slow it is. The wait is particularly painful for asylum seekers separated from spouses and children, but it is bad for everyone. The effects are psychologically and financial, lives are put on hold, career and education opportunities are missed, time with loved ones is lost forever. People who are often already traumatized are re-traumatized by the endless waiting and uncertainty.
So what’s happening with the backlog lately? The latest data we have is from June 2018. It’s not always easy to understand the statistics from the asylum office, at least for me, but here, I will discuss what we know.
First off, the backlog, which has been growing for years, seems to have leveled off this Spring. Between April and June 2018, the backlog grew from 319,056 cases to 319,563 cases. That’s a growth rate of less than 0.1% per month. Does this mean that the Asylum Division is finally getting a handle on the backlog? Maybe, but I think it is still too soon to know. One issue is that when the system changed from FIFO to LIFO in January 2018, the volume of new cases dropped. Now that lawyers and applicants have mostly adjusted to the new system, we might expect a higher volume of cases post-June. Also, it seems more people have been arriving at the Southern border lately, and this likely will divert resources that would otherwise have been used to adjudicate affirmative asylum cases. In any event, we’ll have to keep an eye on the overall numbers to see whether the trend from this Spring continues.
Second, from the chart below, which contains information from June 2018, you can see that some offices are doing better than others in terms of interviews and decisions. A number of offices are completing more cases than they are receiving (Chicago, LA, Newark, NY, and San Francisco). Logically, you would think this means that these offices are interviewing all new cases that come in, and making progress on backlogged cases. But I am not so sure that is true. If you look at the number of interviews actually conducted, you can see that only Los Angeles and Newark are interviewing more cases than they are receiving. So for me at least, how many new cases and backlogged cases are being interviewed and decided is still something of a mystery (also, remember, these numbers are just a snapshot from one month–June 2018).
| Office | New Cases | Interviews Scheduled/Conducted | Cases Completed |
| Arlington | 885 | 637/374 | 664 |
| Boston | 259 | 292/160 | 221 |
| Chicago | 611 | 690/507 | 750 |
| Houston | 752 | 397/253 | 440 |
| Los Angeles | 867 | 2,145/1,113 | 1,230 |
| Miami | 2,046 | 1,494/929 | 1,298 |
| Newark | 692 | 1,635/911 | 1,179 |
| New York | 946 | 1,494/815 | 1,180 |
| New Orleans | 204 | 374/117 | 201 |
| San Francisco | 605 | 1,147/646 | 730 |
| TOTAL | 7,867 | 10,307/5,825 | 7,893 |
There are other mysteries contained in these numbers. Why are so many interviews scheduled, but so few actually conducted (less than 57% of scheduled interviews were conducted in June 2018)? Some interviews are cancelled by the Asylum Offices; others (more) are cancelled by the applicants. You would think that under LIFO, most applicants would file a complete case and be prepared for an interview when it comes, but maybe not (and if you’re wondering, the reschedule rate was about the same under FIFO).
Another anomaly–though not quite a mystery–appears in the numbers for the Miami Asylum Office, which is receiving far more new cases than any other office. The reason? It may be because Venezuela has surpassed all other countries as a source nation for asylum seekers, and I suspect that these applicants largely land in Miami. Indeed, if you look at the top sending countries for asylum seekers, you will see that for the last three months (at least), Venezuelans make up more than 25% of all affirmative asylum seekers in the United States.
One final point for today. I posted previously about the declining grant rate for affirmative asylum cases. At that time (February 2018), the overall approval rate for FY 2018 cases was 26%. The most recent numbers paint a similar picture. The overall approval rate for April 2018 is 23.5%. The rate for May is 26.3%, and for June is 25.0%. However, if we remove from the mix cases where the applicant did not show up for the interview, where the applicant declined an interview (and went directly to court to seek other relief), and where the application was denied due to the one-year bar, the situation is better: The approval rate under those circumstances for April 2018 is 41.4%. May is 44.5%, and June is 43.0%. So this means, generally speaking, if you file for asylum on time, and you show up to your interview, you have a decent chance of winning your case. Let’s call that good news, and end there for today. Au revoir!
Dear Jason,
Many many thanks for all your support and I am very grateful.
I have applied for an affirmative asylum in Sep.2016 before the expiration of my J1 status by Sep.30th 2016. I have received my receipt stating that, your application is received and is pending as of 09/26/2016.
Meanwhile I have requested for an expedited interview based on my child critical medical situation through senator.
It got accepted and interviewed at Cleveland Field office on 10/24/2017.
After 6 months, I got NTA from the DHS stating that, I have not established a clear convincing evidence for one-year filing deadline and was put under deportation proceedings before the IJ.
My MCH was scheduled for Jan.8th, 2019. I was heart broken considering my young sick child unsafe situation. Still i waited for six months, during this time I have received many threats for my child and spouse life( Honor killing issue within my community). Due to this I have developed sleeping disorder,breathing difficulty and so on and currently under treatment.
Due to government shutdown, my interview got cancelled without any notice. I was broken into pieces, kept throwing up for two days due to stress. My co-worker cum friend was so afraid and don’t want to leave me alone. She stayed with me at place for a while.
Meanwhile, my child got very sick and no one was willing to take him to the hospital. This put me in a lot pressure. I am unable to focus on my work. I am working on HIV Clinical trial projects. I am afraid that, I may loose my job, if I am unable to focus. It’s been 4 years I am separated from my young child.
Could you please advice me
1. when will I get my cancelled MCH date due to government shutdown.
2. Any possible way to request for my early calendar date? If so,how to do?
3. Is there anyway that i can bring my child to USA.
The government is giving more trauma to people whose life is already in danger.
Thanks a million.
Banu
Family separation is by far the worst thing about all these delays. In some cases, the delay is worse than the harm people fear in their country. As to the questions: 1 – Call 800-898-7180 and enter your Alien number into the system – follow the instructions and the computer will tell you if you have a new court date scheduled (they should also send you something by mail). When it will be, I cannot say, as it depends on the judge’s schedule. 2 – Yes – I wrote about that on April 20, 2017. I would wait at least a few weeks to try this, as the shutdown just ended and the courts are currently a mess. 3 – If the child can get a visa, but this is quite difficult. You might also look into Humanitarian Parole (form I-131, available at http://www.uscis.gov). Maybe talk to a lawyer about that option – it is kind-of a long shot, but may be possible, especially if the child needs medical treatment. By the way, if you were lawfully present on a J visa at the time you filed for asylum, that should constitute an exception to the one-year bar, so the lawyer should look at that point as well. Good luck, Jason
Dear Jason,
Thank you so very much! Yes, I did called 800-898-7180. Unfortunately, they haven’t rescheduled my interview date yet. Sure, I will talk to my attorney to request to file a motion.
Thank you again for all the detailed information.
Hi, if I move to another state for permanent residence, how will the turn of the decay of my case change, and can it accelerate the process? Thanks.
It’s hard to say. We had a client move from VA to San Francisco and he ended up getting an interview soon after moving. That does not seem to be too common though, and I imagine it depends on the particular office and (probably) luck. Take care, Jason
Hey Jason, quick question…I applied my case in Feb 2015 and still…..I m in SC how long do you think it will take more for interview ?
You will be interviewed locally, but your asylum office is Arlington, VA. They are following LIFO, but if they have extra time, they are interviewing old cases. We just had an interview for a case from December 2014. I do not know how things are working in SC, but it is possible that you will get an interview soon, and so I would make sure you are ready. Also, if you want, you can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Thanks alot…..do you think i would get interview in Atlanta Ga, Or Arlington Va ?
I think SC goes to Atlanta, but you might get an interview at a circuit ride location. I am not sure. Take care, Jason
Hi Jason, thank you so much for all the information and help you provide
I once wrote asking for advice for my case. My dependents were left in my application for asylum, though i included them and it has been a challenge to get them SSNs, I only came to know about it when their application for SSN were denied as they stated that they did not have their own A`numbers. I did all i could to follow up on my case. I booked an appointment and visited the service center in my state and they said i had to write an email directly to the asylum office.I wrote an email and they referred me back again to the service center. Right now am confused on what to do.
Secondly we moved states and I applied online for a change of address and I did not get any confirmation to that, so i am not sure if it was approved. i also wrote a letter to notify change of address but did not receive any confirmation.
We are planning to visit Asylum office just to follow up on these two issues and my question is , is it safe to do so, someone was telling me that if I go without being invited there or without a proper interview I might get detained
right now am caught in between
I applied for asylum in October 2016 and i haven’t heard anything and up to now my dependents do not have SSNs.
Also our EADs are about to expire , what should we do?
If your family members have EADs, they should also have alien numbers. I do not think you will have a problem visiting the asylum office. Make sure that you go during office hours. You can find their office hours and website if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Hopefully, they can just tell you the A numbers. If not, you can file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) and request your file. This is free, but will take several months. The asylum office should hopefully be able to help you. Take care, Jason
Hi Jason,
First of all thank you for creating this website and doing us all a huge favor. I love reading all the articles and comments. You are doing a huge community service.
I have been granted recommended Approval and I have applied for my EAD, my application was rejected when we filed as initial application, I did have one year ead on OPT which expired in july. But that is a different category, my lawyer called uscis and they informed that my application would still be a renewal not initial application even though it is a complete different category. Now we have filed as a renewal which I got the receipt for. Is this normal? I am very confused as if they put it as renewal I will be waiting for a long time and cannot work.
Thank you
Regards
It is a renewal. I was in similar situation, applied for EAD after OPT expired, but I applied as a renewal. Your lawyer should’ve known that and advised you on that.
Thanks
Thank you so much for replying, can you please let me know how long it took for you to get the ead
I didn’t know that either – and we have never indicated that an EAD is a renewal except when we are applying under the same category (though we do indicate that the person had a previous EAD). Take care, Jason
It seems wrong to me – it is only a renewal if you are renewing under the same category. There is a lot of confusion and changes these days at USCIS, and so what you have written is not a surprise. Hopefully, they will just process the case. Or maybe you will get the final approval, which allows you to work immediately. Take care, Jason
Thank you for the prompt response, I thought the same thing, I am just afraid that I would be stuck in the longer wait due to them processing as renewal, that is why was wondering how long that would take.
Thank you
Regards
Under the old policy (FIFO), if you moved a case to a new office, you supposedly kept your place in the queue. I have not heard about the effects of moving a case under LIFO, but I do not see why they would do it any differently. Take care, Jason
Hello Jason,
On my master hearing the judge reassigned my case for the new hired judges. I am wondering how long does it take to know for which one of the judge my case has assigned and how soon or far my case will be out?
I am thinking of requesting an expedite once i know my judge. Any supplement idea will help me to move forward.
Thank you in advance !
There is no way to know that, as it depends on the court and what is happening there. You can call the number 800-898-7180 and it will tell you if a new judge is assigned. You can also try calling the Immigration Court directly – if you follow the Immigration Court link at right, you can find the phone number. Also, I think you do not necessarily have to wait for the new judge to file a motion to expedite, though it would probably be better if you could. I wrote about such motions on April 20, 2017. Take care, Jason
Good morning Jason,
I have a question regarding to changing address when my asylum application is pending. If I changed my address from New York to New Jersey and I requested to transfer my profile from the New York Office to Newark Office, then when would be my backlog date? Would it be my original application receipt date or the transfer receipt date? Appreciate your helps!
If the asylum offices, it should not change the filing date. Whether you might get an interview sooner, once the case transfers, I do not know. The asylum offices have not said anything about that, and there is no reason to think you will. On the other hand, we moved a case a few months ago and the new office (San Francisco) scheduled him for an interview, which was a surprise. My guess is that this was a bit of an anomaly, but I do not know. I would at least be sure to have the evidence you need in the event that you are interviewed, even though that may or may not happen. Take care, Jason
Thank you Jason for your kind response. I will move to New Jersey for working reason anyway, and I hope I can get my interview scheduled sooner once moved.
Hi Jason.
Thank you very much for your patience. I submitted my application in San Francisco last May, I changed my address to Oregon (I have sent it to them), and now I moved to Nebraska (because of work). You know, asylum-seekers in the United States have no friends or family to rely on. I heard that conservative states are not very friendly about asylum applications. Should I change my address here? By the way, I just moved here, less than a week. If I change my address here, will it affect my interview results? I have been scheduled for nearly 2 years. If I change it (Chicago Asylum Office), will it be rescheduled? What should I do? I can’t afford the price of the West Coast.Really confused，thank you very much for your help.
I would not worry about all that – a good case can win anywhere. I wrote about this issue in a (somewhat dated) article on February 26, 2015. In any event, if the asylum case was filed 2 years ago, you are unlikely to be interviewed any time soon. Take care, Jason
Hi Jason. Is any information about how migration corts work right now? I mean FiFO, LiFO or somehow else. My asylum was not approved after interview. The Interview was in January 2018. My first hearing will be on beginning of 2019. Is any chance that a Judge will schedule main hearing to the same year? Thank you in advance.
Hi Sergey,
Sorry for the results. I am not Jason but I think courts are still working under FiFO. Did you wait for 10 months after the interview to get a denial? any refs for additional documents or additional interview during the waiting period?
No, I’ve got the denial after 2 weeks. But I have been waiting the interview 3 years.
What office did you interview at?
Newark
It depends on the judge. If you complete the case and have all the evidence submitted, you can ask the Judge for the earliest possible date. Also, you can try to expedite a court case – I wrote about that on April 20, 2017. Take care, Jason
Hey Jason I have a question for pending asylee education. I guess lots of people have the same situation. Can pending asylee get any aid or grant for study? for me I’m trying to get associate degree and searching any way or resource to get any help to keep my studies let me know of you know anything about it. Will certainly appreciate you much.
Thanks…!
It is possible, though it is easier to get a grant if you have asylum already. Usually, the school has someone who helps with grants and scholarships, and these are available to all sorts of people, so it is a question of trying to find one that is right for you. Hopefully, the school can help you. Take care, Jason
Apply Miami – February 2018
Biometric – March 2018
Interview – April 2018
Granted – October 2018
Thank you for sharing this, and Congratulations on the grant! Jason
Hi Jason, now that I’m an Asylee is there any benefits that goes with? Especially “school and jobs” please anyone can advise or share the news.
Thanks
I wrote a post that might help on May 16, 2018. Take care, Jason
Hi Jason thank you for your great efforts. when an asylee applies for adjustment of status, how long the process take and do they have to do an interview?
You can check the processing time for the I-485 at http://www.uscis.gov. I think it says 12 to 37 months, or something like that. The most recent cases we have done took maybe a year or 14 months. Take care, Jason
Hello Jason,
thank you very much for the information you provide in your blog.
I have a pending affirmative asylum and I would like to add dependents to my current pending application (wife and 3 kids who entered legally to the US).
Would u be able to tell me what form or application I need to submit to USCIS in order to have them in my application and then request work permits and SSN for all 4 of them?
First you have to add them to your case. This can be a challenge due to the USCIS bureaucracy, but the best place to start is to contact your local asylum office and ask them for the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Once they are added to the case, you can apply for their EADs and SSNs the same way you did yours. Take care, Jason
Hi Jason and everyone,
Thank you for all the informations, motivation, hope and happiness u give to us. I was granted asylum today in Newark.
Apply in November 2017
EAD in June 2018
Interview 15 October 2018
Granted 29 October 2018
God’s Plans…
congratulation. did you expdite your case?
No,I was just lucky.
Congratulations!!! and welcome to the US of A.
This blog really kills stress , I’m happy seeing many succeed.
Thank you Jason, God richly bless you
Thank you for sharing this news – it is good to hear something positive in dark times. Congratulations, and Welcome to the US of A! Jason
Congratulations.
Just want to check when was the date in Nov 2017 you filed? We filed in the first week of Oct 2017 and still waiting for the interview. And how long was the interview?
Thanks
Hi Jason!
3 Questions:
1- Is it normal for ICE to have a file on asylees who have never have contact with it?
my FOIA request for A-file returned with a redacted page saying it had potential responsive document
originating from ICE and that it was referred back to ICE for further consideration.
ICE just replied to me that the information on said page does not pertain to me and withheld it in their
entirety pursuant to Exemptions 6 and 7(C). Is it worth it to appeal? I consulted a local lawyer who said it’s
not necessary.He said he receives this very often for his clients and it never impacted his clients
applications.
2- In my A-file, the part about “ASSESSMENT TO GRANT ASYLUM” has 3 pages but the last two pages were entirely withheld pursuant to (b)(5). I read that this (b)(5) is usually used loosely to withhold information just because they can, would there be information in there that would affect my green card application? again, would it be worth appealing? and what are the usual outcome? and how long does it normally take to appeal?
3. Is EAD mandatory after grant of asylum? my asylum grant latter says that I can legally work as long as i stay in asylum status that i should show the letter and i-94 to employers as proof if they ask me for EAD. the EAD they sent me after grant has long expired and i didn’t reapply. My DMV renewed my Driver lic for 4 years using my I-94,and says they will keep using it until i change status when I get Green Card. I got worried reading your previous article when you talked about Delays in EAD processing for people granted asylum. Thank You.
1 – I do not know. It could relate to your entry into the country, but maybe it is something else. My instinct is that unless you have some particular immigration issues or a reason to be suspicious of you, it should not be a problem, but I do not know. If you want to be extra cautious, you can try to get it, but whether that is possible, I also do not know. 2 – It may be the asylum officer notes. I do not think there is harm in trying to get the info, but unless you think there is a specific concern, it may not be worth the trouble. 3 – It is not mandatory, and they should send you an EAD automatically, though this process seems to be delayed. It is very convenient to have the EAD, but if you do not need it for your job or your driver’s license, then it sounds like there is no urgency. Take care, Jason
Hi Jason,
Can a derivative with a 2-year multiple entry visa visit primary applicant in the US while primary’s application is pending? If the derivative application I-730 has not yet been filed and derivative return’s to my country of persecution, will it create problems when I file for family reunion using I-730? Is it better if the derivative just comes and stays or does not come at all?
As always, thank you.
I am not fully sure I understand the question, but if an I-730 derivative is in the home country, and has a visitor visa, the person can try to come here. They potentially could be turned away at the airport, if the officers think the person will violate the visitor status and stay in the US. I am not sure how great of a risk this would be in this situation. If they arrive here and go back, it would probably not be an issue. However, that might depend on the asylum case (if the case says that the whole family is in danger, and then a family member returns home, it could raise suspicions). Once here, I think the dependent could undergo the I-730 process in the US. I think if the dependent plans to try these things, you might want to talk to a lawyer about the specific situation in order to be safe. Take care, Jason
Hi Jason
I am waiting for embassy interview for my I -730. Please help me with this question. Does the embassy need police clearance certificates from all the country I lived more than 12 months? Do they need police clearance certificate for Following to join asylee category?
Thanks
You might check the I-730 instructions, available at http://www.uscis.gov. Also, this website is helpful: https://travel.state.gov/content/travel/en/us-visas/immigrate/follow-to-join-refugees-and-asylees.html#documentation. I do not think they normally need police clearances, but if you get them and have them, it might speed the process in the event they ask for that. Take care, Jason
Hello There Jason ,
I have a quick question , so my asylum office is the San Francisco office and I live in Oakland . I found a job in Seattle and I was wondering if can move to Seattle without moving my case there since Seattle’s asylum office is the San Francisco office ?
Thank You very much and God bless you
I think if you move to Seattle, your case will be interviewed there. Seattle is part of the SF asylum office, but interviews are conducted in Seattle. I suppose you can request that the interview be in SF if you want. You can email the SF office about that. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason! Thanks for your article. I have a question though.
When does the one year filing deadline clock start and finish? Let me explain my situation.
Lets say in my i94 my most recent date of entry is 05/05/16. I sent my papers for asylum on 04/23/17, but in a letter i’ve got from uscis it says “your complete form I 589 asylum application was received and is pending as of 05/05/17”. So my question is that still one year filling deadline or not?F How they gonna count it? To the date i when sent papers or to the date prom letter?
Thank you Jason,
God bless you!
I think you are fine, but if – for example – the asylum case was received on May 6, 2017, then you would look to the date of mailing to determine whether you filed within one year. So you should keep the mailing receipt, just be sure you have proof of when you mailed it. Take care, Jason
Hi Jason,
I hope you are well and enjoying your weekend! It has now been 41 days and I’m waiting for my interview decision. I am not sure if I will be approved or not but I have heard that the approval rate by asylum officers is very low (fingers crossed). Should I inquire online about my case? I had my case shortlisted in Boston asylum office. Do you have any approval statistics for Boston office? It has now been 5 years since I last applied for asylum.
I think the article above has some links to statistics, including for the Boston office. You can inquire, though a wait of a few months is pretty common. Take care, Jason
I am in the same situation. Waiting waiting and waiting. Although my 2 cousins were approved in two weeks I have been waiting for 50 days…
Their asylum was in Miami and mine in Arlington. Where are you from if I may ask?
Jason,
How do you prefer to file the address change nowadays for pending applications? Online or via mail?
According to the manual (https://www.uscis.gov/addresschange), one can do everything online, or
file a paper AR-11 and make a phone call (or again — go to the website) to change information for a pending or an approved application.
Don’t you think that doing everything online is much more convenient?
Hi, im not Jason but recently i’ve changed my address.
First i filled in the online form and got an approve by email. After 2 or 3 weeks i decided to call them to make sure my address is changed, but they said i’m still on the old address. So i filled in the online form again and again called them in 2 weeks, this time they said they can not approve or confirm my address because its confidential information. So then i texted directly to my Asylum office on email and in 2 weeks i got a letter(paper) that my address is changed!
Hope i helped you somehow, take care!
Hi Dear IGOR:
Greetings!
Can you please guide me how did you find the exact Asylum office contact no? My asylum office is Arlington, if it is yours too, can you please give me the no or email address. I changed my address too, therefore, I wanna confirm it. Your assistance will be highly appreciated.
Thanks,
You can find the asylum office contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
IGOR,
“then I texted directly to my Asylum office on email” — you mean you emailed your asylum office? Did you stay within the jurisdiction of the same office (let’s say, from one location in Brooklyn to another location in Brooklyn), or did you move to another office?
We do it online, but the asylum offices don’t always seem to get it. They will soon have a way to check cases online, which will be very helpful, as you will (presumably) know when the interview notice has been sent, so even if they failed to update your address, you will still know about the interview. Take care, Jason
IGOR,
“then I texted directly to my Asylum office on email” — you mean you emailed your asylum office? Did you stay within the jurisdiction of the same office (let’s say, from one location in Brooklyn to another location in Brooklyn), or did you move to another office?
Hi,
yes i emailed to my office, and its within the same jurisdiction.
take care.
Jason,
Thank you. My new address, apparently, will move me from the Newark to the New York office that has (again, based on various online stats) somehow better approval rates.
If I file electronically and decide to check later via email that the address is updated, should I reach out to both Newark and New York offices, in your opinion?
You might reach out to the new office to see whether they have it. That seems to me the info you really need (as opposed to the old office telling you they forwarded it). Take care, Jason
Yes I too think it would be great if we can check cases online…
but the main problem I see here is that people will know the case is an asylum case.
While asylum office said the case status will not say the case type as other case status would show, only asylum cases will have a case number beginning with ZNK, etc… so it’s very obvious it will be an asylum case. That, in turn, discloses the case info to public which might violates privacy policies of asylum cases.
We shall see how USCIS roll out this feature…
Supposedly, the online info will not used the word “asylum” and the only way to access the info will be with the receipt number (as opposed to the Alien number). I don’t feel that confidentiality would be an issue. The only way to have the receipt number would be to get the receipt, and if someone has your receipt, they will already know it is an asylum case. We’ll see how it goes. Hopefully, it will be helpful. Take care, Jason
on 10/20/2018 texas office sent a request of additional evidence through mail but i haven’t received it yet and it has been 7 days !
How long does it normal take to get rfe in mail ?
Experience please !
Thank you !!
Hello KR,
Sorry to interrupt. I hope Jason respond to you shortly.
(1) Please confirm how you manage to know about the RFE, did show up in your case status. (2) when did you submit the EAD application and (3) how long does it take to get your receipt after submission.
Best wishes!
hello !
This is for green card application based on granted asylum !
But for my last EAd application took 10 days to receive my ead application notice from the date the office received my EAD application !!
Good luck !!
Thank KR,
Much appreciated. It’s just not possible to know they got it till the send an acknowledgement.
I will wait a little more.
Sometimes, it takes a week or two, but if you do not have it very soon, I would call USCIS to inquire. You can find their number at http://www.uscis.gov. Take care, Jason
Thank you Jason.
I didn’t realize I could call to enquire about EAD application untill now, I’d probably check with them after two week must have elapsed.
Is there a direct line I can reach them on?
Gracia
The only number I know is the one on the website, http://www.uscis.gov. First-time EADs take 1 to 4 months, and renewals are usually longer. Calling will not help, but I suppose it won’t hurt. Take care, Jason
Yesterday I got my Request for additional evidence after 13 days the website change to Request of additional evidence was mailed to me !
rfe: Is Birth certificate ! I need an idea of where to find a professional and fast translator from your expeience !
Thank you Jason !!
Anyone who speaks the two languages can translate a document. I wrote about that (including a link to a certificate of translation) on August 24, 2017. Take care, Jason
hi kr , can you please tell me when did you file your green card application, mine is pending too since the beginning of the and wanna know how far they have reached , thanks a lot good luck
Mr Jason, please I would need your input in this situation based on experience
1. I just filed for a fresh EAD after waiting 150 days its been over 3 weeks now and i have not received an acknowledgment from them.is it that the law states that the EAD can be authorized within 180 days after waiting 150 days or after it is 180 can they authorize please permit me for asking as i am very anxious not being able to work with two children is not a good sight and i look forward to this document. also has any of ur clients received it in record time or much later
2. we are thinking of adding my partner to my existing application. would e have to wait 150 days as well or since i would have an existing ead he can also apply for his too
Hello Asylum Seeker,
I am not Jason but I have seen my family receive their work permits in less than a month though I always waited for more than 7 months before I could have mine
1 – It usually takes 3 or 4 weeks to get the receipt, so you should receive that soon. 2 – If you are legally married, you can add your spouse to the case. Once added to the case, the spouse would be eligible to apply for the EAD on the same scheduled as you (i.e., immediately). Take care, Jason
Hello Jason, Thank you for replying to my last question. I am pending asylum since summer 2016, and in process of expediting my case because things have been bad back in my country for my family since I moved here. I have 2 questions:
1. If I ask my mom to apply for B1 would it be a problem or her? Are they going to refuse her B1? Same scenario for my husband’s dad, if he applies back home would they refuse because of our status here in U.S.
2. My husband’s mom is not well and since we moved here he can’t go back either which has jeopardized my marriage as well. I suggested my husband to apply for parole and visit his mom back in our country. My questions is if we get interview expedited and in ideal situation gets the asylum granted can he still use that parole document to visit or does that document have some kind of expiration date?
Thank you for your help.
1 – Parents of asylum seekers have an easier time of getting a visa than spouses or minor children, but she still needs to apply and be approved, which is not easy for anyone. 2 – If he is the principal applicant and he returns to his country, he risks having the case denied. If he gets Advance Parole and the case is approved, I think he could not use it. He would need a Refugee Travel Document at that point. The only downside to seeking AP and trying to expedite is the fee for AP. If it is ok for you to pay that money, then maybe try both. Good luck, Jason
No I am the primary applicant not him. Do you think it is advisable to apply for parole before getting the case expedited and use it later right after the interview?
You can do both AP and attempt to expedite. How best to coordinate these two depends on the case. Also, given the time frame, you will probably know about the expedite request before the application for AP is decided. Take care, Jason
Hello Jason,
I heard that If I’m getting benefits, I may not be allowed to get a passport. Does tax credit/subsidy paid towards my health insurance considered to benefit?!
The rule about benefits does not apply to asylees. I wrote about that issue on September 24, 2018. Take care, Jason
Hi Jason,
NVC has received my I -730 approval and they said they are going to forward my case to the embassy next week. I thought NVC will request documents and we should submit our documents to NVC 1st and then they will help us to get an interview. We are confuse here. they also said the documents they listed in their website as immigrants visa is not related to I-730 cases. Do we have to wait for embassy to call us now? Is that process for I -730 after approval? Please advice.
Thanks
There are not so many documents needed for an I-730. It may be that the embassy will contact you about that. Once it is forwarded to the embassy, if you do not hear soon, you can email the embassy to inquire (their email address is on their website – for consular processing). Take care, Jason
Hi Cathy
Can you please update me about the i-730 process
1-How long did it ever take for NVC to approve and send to the embassy?
2- Do the Texas service center send the case to NVC then finally to embassy? Pls how does it normally go?
I just filled for my family 2 months ago and I recently asked for expedition but they requested for RFE which I sent, i haven’t heard from them till now. Do you think the case is still at TSC or NVC.
Pls help!
Hi, My case was at Nebraska service centre. 1st they sent an approval letter saying they will transfer my approval to NVC and NVC will transfer to the embassy. So I think you have to wait until TSC approve your case. It took almost 6 weeks to transfer my approval from Nebraska to NVC. Called them every week.
The case is probably at whatever office sent the RFE. Presumably, they will finish the case, and then forward it to the NVC and the embassy. Take care, Jason
Thank you Jason and Cathy for your quick response.
Kind regards
What is an RFE ?
Request for Evidence. It is when the government sends you a letter asking for more evidence or info for a case. Take care, Jason
Hello Jason ,
I have a question , so the San Francisco office has stopped taking appointments for walk-ins or Case updates questions and they never seem to answer Their calls !
So how do we ever ask or enquire about anything ? I have been waiting for a year now and can’t seem to hold of any one there . Does any one have any information about the San Francisco office ?
Thanks
You can try email – I was emailing with them yesterday and they were responsive, but this can be hit or miss, in my experience. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, I am surprised you can’t go in person. On that same website, maybe it gives some info about office hours. I know the offices will change to an Info Pass system in the next few months (at least in the Virginia office), but I though people could walk in at all offices. Maybe not, but it is worth a double check. Take care, Jason
Is it ok for asylee to sue if he or she got in accident and couldn’t work for almost 3 months? The main reason I’m asking is, if we got some settlement of money could it effect on getting green card later on like I heard getting public benefits can effect. Let me know what you think about it thanks.
You can sue. It would have no effect, and also that is not a public benefit. In addition, the public benefit requirement does not apply to asylees. I wrote about that on September 24, 2018. Take care, Jason
Thank for letting me know
Hi Jason,
I’m a pending since 2013, did my interview last August at New Orleans Office and waiting on my result, my mom just became a citizen is there any chance that I can apply through her with my kids. Also I’m divorced
She can file for you, but the waiting period is something like 10 hears (Google “DOS visa bulletin” and you can find that), plus you would probably need to leave the US to get the GC, and this may or may not be possible. There is no harm in her filing (other than the $535 fee), so maybe you want to do that, but there is probably not much benefit to it either. Take care, Jason
I think the asylum offices is taking the cancelation rate into consideration.
It’s like the overbook concept in airlines.
For example if the asylum office has a capacity of 600 interviews / month (leaving room for reschedule/expediting), they would schedule for 1200 interviews.
If close to interview date less people cancel than expected, someone would be “denied boarding” (i.e. some of the USCIS cancelations).
If more people cancel than expected, people from the shortlist would be phoned.
So in general they would have as many interviews as possible where resources permit.
This is exactly right, except I think for the last part. If there are too many “no shows”, it is already too late to call someone from the short list (for those offices that still have short lists). Instead, if the officers have extra time, they work on completing cases or other tasks. Take care, Jason
Hi Jason,
A member of my church wants to help me get my family come for a visit to the US.
I applied for asylum and been in the US for almost 2years. Should we use her as a reference that my family will be visiting her? Or not? Since they will be visiting her, do you think they will be given visa to come to the US? If no, will it have any effect on my Asylum case now or in the future? If they are not give visa, and I am successfully later with my Asylum case, will they be turn down when I filed for them to come and stay in the us with me? What are ths best options? Please advice because I missed my family mostly my kids. My little girl sometimes will not eat or want to talk to me or even go to school because she can not see me. She cry and get sick all the time because of not seeing or feeling me. I am very much depressed and frustrated about this long wait process even though it is stay not save for me to return yet. What is your advice on the Visa situation?
They can try, but it is very difficult for children or spouses of asylum seekers to get a visa, especially a B or F visa. If they can do it, that would be great. It is not unheard of, but it is not very common either. You might consider trying to expedite your case based on your children’s difficulties. I wrote about that issue on March 30, 2017. Take care, Jason
Hi I have a question if u can help me out wd it.I have affirmative asylum case pending from June 2016 in NY Nd didn’t have any interview date yet Now I m going to get married but my fiancé she is a green card holder not a citizen. How long it’s gona take me to adjust my status from an Asylee to marriage base green card ? Nd how long it’s gona take me to get green card through her ? Or I Know that she can file an I-130 for me wd a green card but I don’t know that My I-130 application vl b processed or I have to wait until she become a citizen??
In most cases, you are better off waiting for her to become a US citizen and then filing for you. However, you can try it while she still has a GC, but you will probably have to leave the US to get your own GC, which is often difficult or impossible. I wrote about this issue on September 6, 2018. Take care, Jason
Hi Jason, thanks for another informative article. With just the right amount of optimism. Quick question: is it possible to submit supplementary documentation to the asylum office directly during open hours? Some people seem to indicate that the documents get misplaced or incorrectly filed if sent by mail. Appreciate any clarity you can provide.
You can submit it. Make sure the Alien number is on it. I recommend that you hold such evidence until the interview is scheduled and then submit all your evidence at the same time, with a cover letter containing your name, Alien number, and interview date. Submitting it piecemeal increases the chances that something will be lost. Keep in mind that some offices require you to submit all evidence at least one week before the interview. Take care, Jason
Thanks a lot, Jason.
Hello Jason,
My husband applied on sep 2017, he got his EAD card on May. We just got married 3 months ago and I did my finger print last month. Can i apply now for EAD as a dependent since he(as a main applicant) already passed 180 days?
If you have been added as a dependent on his case, and he has an EAD, then you can apply for your own EAD now. Take care, Jason
Just to be more clear, Should I wait 150 days to apply for employment authorization if I was added to my husband case after it was already filed and got an EAD already? and if no, could you please tell me if i should pay the fee or not? I also have a hard time to find the correct eligibility category as a pending asylum derivative for form i765. Thanks in advance jason.
If your husband has the EAD, you can file now. The eligibility category and the fee schedule are the same as him, so if this is the first EAD based on pending asylum for you, then it is free. In other words, each person in the case gets his or her first EAD for free. Take care, Jason
Jason,
California DMV has issued me a DL that expires on the same day of my EAD expiry. Considering the long time that EAD are being processed, does the DMV accepts the automatic EAD extension letter to issue a DL for 6 month?
I do not know, and I think different DMVs have different policies. You would have to check with the DMV about that. You might also file early for the renewal (you can file up to 180 days before the old card expires). That way, you will minimize any gap with the driver’s license (this assumes that the DMV will not accept the receipt for the new EAD and allow you to renew the license based on the automatic extension granted by the receipt). Take care, Jason
@Rizk we were issued the lic from dmv California as per the EAD document like yours and later we moved to Washington and we had to change our license. We applied for the WA License and got one with years validity. Not sure but as Jason said varies from state to state, hope that helps!
New York DMV didn’t accept the automatic extension a year ago
Hi Jason, thank u for all you Ve been doing here. i filed for asylum in may & got receipt confirmation dated June. Then I got interview in July but it was rescheduled by me. But I got interviewed a month after. Then got called up for further interview again which I attended. I’m still waiting for the decision. Am I qualified for work authorization now? Considering I was rescheduled & all I read about asylum clock? If yes, when do I file? Thank u
Probably the asylum clock stopped when you rescheduled the interview, but it should have restarted when you attended the interview a month later. This should happen, but does not always happen. You can try contacting the asylum office to ask about the clock, though I am not sure you will have much luck. You can find their contact info if you follow the link at right called Asylum Office Locator. Alternatively, if you think that 150 days have passed (accounting for the period when the clock stopped), you might just try filing for the EAD. The first EAD is free, and so you shouldn’t have much to lose (the only problem would be if they denied it, and then you re-applied and USCIS considered that a second application and wanted you to pay the fee – I have not seen that in the past, but these days, it may be a possibility, so just be aware of that risk). Take care, Jason
Thanks for the info, Jason. Regarding the large discrepancy between interviews scheduled and interviews conducted, what do you want to bet that that represents backlogged applicants who’ve moved years ago without updating their addresses, or whose addresses USCIS itself hasn’t properly updated? So their interview notices went to their old addresses, and they never showed up?
I can say for my practice that Newark is the only office that has interviewed any of my clients from the backlog since they switched to LIFO in January 2018. That was a case filed in October 2017, interviewed in October 2018 (and, I’m happy to say, he won asylum). At Arlington, I’m lucky if even the new clients get a fast interview, never mind the ones in the backlog.
There was an extremely weird stretch back in summer of 2017, when FIFO was still the policy, when Arlington suddenly scheduled about six of my backlogged clients within a period of ten weeks or so. There was no rhyme or reason to it; they skipped over several of my clients who had been waiting longer, skipped over other clients who had filed in between the clients who were interviewed, and then suddenly stopped interviewing any more of my backlogged clients altogether.
It may be. I learned that Newark and LA are both getting extra help from the remote asylum office in Virginia that does credible fear interviews. For that reason, they can devote more resources to affirmative cases, and so that is why LIFO cases are getting interviews there (we also had a couple interviews in Newark). I do agree that the random nature of the interviews has been an issue, though we did not have anything as crazy as you, knock on wood. Take care, Jason
Au revoir et grand Merci pour les informations.
As we say in Frenglish, Mercy Buckets! Jason
Hi Jason, thanks for that article. I have a question though. Since USCIS haven’t posted Affirmitive Asylum bulletin for a while, is there any way to know who they are interviewing currently from backlog. I’ve applied in Miami office and based on the last bulletin, in December 2017, they were interviewing people who filled in June 2013. Do you think there is a way to get such kind of data or due to new LIFO system backlog interviews were not scheduled or scheduled with a slower rate?
Such data does not exist. They are interviewing new cases, and if they have time, they interview backlog cases. Miami seems to be crazy busy, so I doubt they are interviewing any backlog cases at this time. You can still try to expedite the case if you have a reason – I wrote about that on March 30, 2017. Take care, Jason
Thanks for your reply Jason
According to stakeholders meeting on August 2018, all offices are required applicants to pick up their decisins after two weeks from their interview. Apparently Los Angeles office doesn’t follow this procedure since I have been interviewed a year ago and I’ve been told to wait and my decision will be mailed. I was wondering to ask is it true about the delivery method of decisions and if yes why LA office doesn’t apply it. Looking forward to hearing from you.
Thank you
Mahsa
Maybe that is in the notes, but that is not the practice. I think the asylum offices prefer to serve decisions this way, but mail out decisions are still very common, at least in my experience. Take care, Jason