If you are an asylum seeker who filed an affirmative asylum case between about January 2013 and October 2013, you probably have not yet been interviewed, and your case has–seemingly–disappeared into a black hole. Meanwhile, other asylum seekers who filed after you are being interviewed and receiving decisions. So what gives?
As best as I can tell, in early 2013, the asylum offices nationwide essentially stopped hearing cases. The reason is because there was an influx of asylum seekers at the US/Mexico border. People who arrive without a visa at the border, and who request asylum, are detained. They then have a “credible fear interview” to determine whether they might qualify for asylum. If they pass the interview, they are generally released and told to return later to present their asylum case to an Immigration Judge.
Because of the large increase in the number of people arriving at the US/Mexico border (and being detained), the Department of Homeland Security shifted Asylum Officers from across the country to the border. DHS prioritized the border cases because those people were detained. Of course, detaining so many people is very expensive; it is also not so nice for the people who are detained. Assuming that no additional resources were available, I suppose it is difficult to argue with DHS’s decision to give priority to the border cases.
To deal with the increased demand, DHS also began hiring new Asylum Officers. The word on the street was that they planned to hire 90 to 100 new officers nationwide (which is quite significant) and that they would be trained and ready before the new year. Sure enough, we started to receive interview notices for our clients sometime in October (most of our clients interview at the Arlington, Virginia Asylum Office). Since October, our clients generally wait from one to three months from the time we submit the application to the date of the interview. That’s the good news.
But since they started hearing cases again, the Asylum Offices have been scheduling people on a last-in, first-out basis. In other words, cases filed after October 2013 are being heard, while cases filed between January 2013 and October 2013 are stuck in the “backlog.” There are two issues I want to discuss about the backlogged cases: (1) Whether there is anything that can be done if your case is backlogged; and (2) Why isn’t DHS doing the cases in the order received?
First, there are a few things you can try if your case is backlogged. For one thing, if 150 days have passed since you filed your asylum application, you can file for a work permit.
If you want to expedite your case, there is a procedure (at least in Arlington) to request an expedited interview. However, there are a number of problems with this procedure. The most serious problem is that it does not seem to work. When you request an expedited interview, your name is placed on a list. If another asylum applicant cancels her interview, you (theoretically) will be given her time slot. The problem is that not many people cancel their interviews, and many people are on the expedited list. Also, if you happen to get an expedited interview, you will have very little notice, and so there may be insufficient time to prepare.
Another possibility to expedite a case is to contact the USCIS Ombudsman. This is the government office that tries to assist immigrants and asylum seekers with their cases, and I have used it successfully a few times (though not for asylum cases). While I have a very high opinion of this office, its ability to expedite cases seems quite limited. One example of where it might be effective is if you have requested an expedited date due to a serious health problem (of you or a family member). After you have made the expedite request with the Asylum Office, and if that office does not expedite the case, the Ombudsman might be able to assist. In short, while the Ombudsman might be helpful for certain situations, it will probably not be able to assist in most cases.
I suppose you could also try contacting a Congressperson, holding a sit-in or going on a hunger strike. I doubt any of these methods will be effective, but it you have luck, please let me know.
The second issue I want to discuss is the logic behind DHS’s decision to hear new cases before backlogged cases. I have the impression (from talking to several people on the inside) that there was a heated debate within the government about how to deal with this issue. It seems there are several reasons why DHS decided to hear new cases before backlogged cases.
The main reason for hearing new cases first seems to be that DHS fears an influx of fraudulent cases. The logic goes like this: If cases are heard in order, delays will ripple through the system, and the average processing time for a case will dramatically increase. Cases will take much longer, but applicants will continue to receive their employment document six months after filing. This will create an incentive for aliens to submit fraudulent applications, which will further clog the system. By hearing new cases first, processing times are faster (except for the people left behind), and the incentive to file a fraudulent case and obtain a work permit is reduced.
Tied to this fear of more fraudulent cases is a fear of Congress. The House recently held hearings on asylum, and there is a general (and probably accurate) belief that the ultimate aim of these hearings is to restrict asylum. DHS believes that increased delays (and thus increased incentives for fraud) in the asylum system will make it easier for the Congress to pass more restrictive laws related to asylum. In other words, DHS does not want to play into the hands of the restrictionists by increasing processing times for asylum cases.
Finally, there is a general belief at DHS that delays are not all that damaging to applicants stuck in the backlog because such people at least have their work permits. If you forget about the stress and uncertainty, it is true that single applicants without children can work and live in the U.S. while their cases are pending. But for people who are waiting to be reunited with family members–especially when those family members are in dangerous or precarious situations–the delays can be deadly.
So that is the basic situation, at least as far as I can tell. Next time, I will discuss some possible solutions to the problem.
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.
It sounds like the case was denied due to security reasons. It is very difficult to know what that means, as the security background checks are generally secret. I suppose your brother could hire a lawyer to look into it, but I have never tried that before – Probably the lawyer could do a Freedom of Information Act request to try to get the file, but I doubt it would tell you much. Unfortunately, I do not know what could be done to help you. Once your brother is a US citizen, he can file for your parents (which takes less than a year) or for his siblings (but that takes more than 11 years). 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
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
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 if there is anything 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.
I sent them an email to uscis
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
Hello Jason,
I would like to know is there anything I can do about my case.
I filled I751 form to remove conditions on my gc in March 2013, few times I send inquiry about my case and I got letter few months ago that they are unable to give any decision until they results from security check!?
Thank you
I only discuss asylum in this blog. If you wish to contact me about an I-751 issue, I can assist, but I do charge a fee. Take care, Jason
Can someone with pending asylum decision apply for academic financial aid?
hello, how are you dear?
i come to the stat on august of 2000 , at the same day i apply for asylum at the aero port ,god know how many time i went to court, i got a permanent residence by marrying a us citizen,since I’m a green card holder so how and what i need to do to close my asylum case sins i have to appear i front of the immigration judge till 28/02/2017. sincerely i will be very glad if you help me with the right way to do this
best regard Mohamed
If you have your green card, you need to inform the court, which can be done in writing, and they should close your case. Maybe you want to contact the government attorney (prosecutor) for your local court and talk to them first. Contact info for those office is available at the link on the right side of this page called “DHS Office of the Chief Counsel.” You can try this on your own, but really, it is much easier with a lawyer. Good luck, Jason
Respected Jason Dzubow attorney of law,
I am kindly most graciously requesting your kind assistance about my refugee affairs which has been denied in 2014. Sir Jason i am not capable to hire a lawyer to advocate about my refugee affairs.
Because i am from a very poor family. I don’t know what i can do to fight for my case and my case is indefinitely pending.
It has been pending for a long time and i have no will power to fight for my case. Life in Kakuma refugee camp without any hope is much suffering and pain.
I need to attend a better school and get a good job in future but i can’t do that since i am stranded here with hopless and much sufferings.
Sir Jason i wrote a letter via to USCIS/DHS i would love to help me to send it to USCIS Washington Dc. If my request is granted i will provide the address of where my case is and my cis card along with my KE number.
I hope a positive feedback
Thanks
Thanks
I am sorry for your situation. Unfortunately, I cannot assist you. I only work on cases for people inside the US, and I do not know anything about the process for people in refugee camps. You might try contacting St Andrew’s in Egypt – maybe they could assist you or at least give you some ideas: http://stars-egypt.org/rlap/. Good luck, Jason
Hi guys can you help me? I have sent my i589form since this 9/3/15 and till now I have no answer back from uscis,when I check my trucking number just to make sure they have received my file it says that my file i589form has been received.
So now 90days ago and I was supposed at least to have the Alien Number but till now nothing. Do you guys think that they threw away my file or?
If it has not been approved at least they should send it back Tom me and tell me to complete it again.
Now I am wondering what is going on with my file
Thank you guys for ur help
You might want to check whether you sent it to the correct office (you have to send it to a different office depending on where you live). If you send it to the wrong office, it may disappear. If it is the correct office, you should have received a reply by now. I suppose you could re-send the whole packet. Or you could file a Freedom of Information Act request to see whether that helps. Or you can email your local asylum office and explain the problem – maybe they can help (there is a link at the right to Asylum Office Locator, which will help you find the email address).
Hello Jason,
I wrote a letter to cis ombudsman about all my refugee affairs and was responded a couple of days. They wrote this which i couldn’t understand.
Dear Sir/ Madam,
We are in receipt of your email requesting Ombudsman Case Assistance.
The Ombudsman’s Office is now requesting all customers who have access to computers and the internet to submit requests for case assistance through our Online Case Assistance (OCA) portal. This portal can be found on our website, and the link below will take you there. Please key in the requested data, and upload any documents that may help clarify the specific issue(s) in your case. NOTE: attorneys and accredited representatives must upload a copy of the G-28 submitted to USCIS. If you are outside the US please download and complete the DHS-7001 pdf file.
https://cisomb.dhs.gov/oca/form7001.aspx
PLEASE USE INTERNET EXPLORER for optimal site performance. Currently, other browsers are not fully supporting the site.
Upon completion of your resubmitted request, OCA will assign an Ombudsman case number. You will also receive an email acknowledgement. We will contact you should we require additional information.
Thank you for your understanding and cooperation as the Ombudsman’s Office improves our case assistance intake process. If you have an extenuating circumstance that prevents you from filing online, please call 1-855-882-8100 between 11:00 am and 3:00 pm to speak to a Duty Officer who can make special arrangements as may be necessary.
Sincerely,
Office of CIS Ombudsman
/rc
Sir Jason i am not getting about their link. why they guide me into their website link since i wrote to them all my refugee affairs even my case number.
Sir Jason please assist me as a humanitarian about my case which has been denied in 2014. Sir Jason you are also a respected man who is uscis/dhs. Please i seek your kind help.
I hope a kind assistance from your office Jason.
Thanks
They want you to complete their form before they will review the case. You should try, even though it is extra work. As for me, you could hire me to assist you, though if your case has been denied, I am not sure what I could do for you at this point. Let me know, Jason
Dear Jason,
I have been granted asylum in USA on SEP 2015 and I am waiting for my EAD card,I changed my address last week but unfortunately I couldn’t change my address online because my receipt number begin with ZAR and the USCIS system couldn’t recognized it,It keeps saying (invalid receipt number),what should I do change my address.
regards.
You can contact the asylum office directly and tell them about your new address (using form AR-11). If you do not get the card, you will have to contact USCIS and/or the asylum office to try to get them to change the address. In the worst case, I suppose you will need to apply for a new EAD, but hopefully not, as you will probably need to pay for that. Good luck, Jason
Hello Jason,
How are you doing? I believe you are fine.
Again i am writing to you Jason.
I would like to know how much longer does it take for cis ombudsman to reply my letter.
I will be very indebted for your positive reply.
Thanks
They are not very fast. I would guess they take 3-6 months to respond (at least that is my recollection). Good luck, Jason
CAN YOU PLEASE ANSWER MY QUESTION.
My wife came to USA. She was arrested from JFK and now she is in detention center waiting for asylum case decision. 5 months passed. All her hearings are done already. Judge said the answer will be mailed withing a month by mail or Oral decision will be made on Nov 3, 2015. She just got letter that her decision hearing will be held after 2 weeks from now.
What is going on. Why they always post phone the hearings. Why they dont just mail the god damn decision?
Good questions. Normally, in some cases, the lawyer can file a motion for bond and she can be released, but it depends on various factors. I do not know if you’ve looked into that. They do “rush” detained cases (mostly because it costs money to detain people), so she will certainly get a faster decision than someone who is not detained, but that does not really help matters, since she has been detained a long time. Good luck, Jason
Hey Jason,
I was called for a denied letter by uscis in 2014 and i wrote an RFR(request for review) letter to uscis. and i sent to their office a plenty of times.
But was told that my case is still pending the review of your RFR.
Sir Jason Its been 1 year awaiting for my final decision and it is impossible to estimate how long does it take for a final decision.
Since my final decision is pending for so long.
I have decided to send a letter to Cis Ombudsman since he assists pending cases. Kindly want to know does he help if i send a letter to Cis ombudsman about my refugee affairs?
I appreciate your kind reply.
Thanks
In some cases, they can help. Maybe at least they can clarify whether the RFR letter is still pending. Good luck, Jason
Hie Jason.
Thanks so much for your help. I have a question i included my wife in my asylum application, my question is she able to obtain a visa if she’s included in my asylum application. Some people tell me that she cannot get a visa or even if she does get a visa she may be denied entry into the country. Please help.
Dkay.
It sounds like you listed her on the I-589 form, but if she is not in the US, she cannot be included in your application (in other words, you did not submit an extra page 9 of the I-589 form that she signed, and she did not get a receipt or fingerprint notice). If you filed for asylum and she is outside the US, she can try to get a visa, but we have had two client whose spouses tried that, and they were specifically denied because their spouse had an asylum case pending. Remember, though, that it depends on the type of visa she is applying for. For certain visas (like H1B), it should not make a difference. Other visas (B, F-1), it might cause the visa to be denied. Take care, Jason
Thanks for a clear and comprehensive answer. I appreciate it so much.
Hello Jason
May i know more about CisOmbudsman what is his email address and what does he do?
I hope your kindly reply
Thanks
The office is supposed to assist USCIS customers to resolve problems. Their power is limited, but sometimes they really can help. Here is the website, and good luck, Jason: http://www.dhs.gov/case-assistance
Hi Jason
I was captured by Taliban in Afghanistan, they wanted to kill me, my father offered them money for my release, but they rejected. Finally by intervention of tribal elders they released me, in condition to quit my job forever. So i fled my country and asked for asylum.
Now I want to know that my father offered them money for my release, what was rejected by Taliban Terrorists.
is that a kind of duress?
Can it affect my asylum case?
Thanks,
Awaiting your kind response.
I doubt it would affect your case, as you were not the one who offered the money. If your father were seeking asylum, it might be a factor for him, but since they never took the money, I am not sure that it would have any effect even on his case. Take care, Jason
Hello Jason
I am a Somali refugee who lived in the camp for 18 years.
In this world you will find forgers and bogus who can easily destroy your refugee status by taking bribes.. once your case is denied due to their false accusation then you have no will power to fight for your case. My case has been denied and if i write an inquiry letter to USCIS/DHS they will reply your case is still pending (RFR) request for review.
Sir Jason, kindly tell me what is the least i can do for my refugee case Can i fight for my case or it will indefinitely remain pending RFR
Since my case is denied i feel going back home but i can’t go back home because of continued conflict, wars and persecution.
In Somali there is senseless killings, violence and clan clashes that plagued our nation and the government in Somali has collapsed since 1991 even so, if i go back to Somalia no government will protect me and i fear to be killed.
can i get the email of uscis head quarters please?
I hope a feedback
Thanks
I do not think there is a general email for the headquarters. I do not know what you mean by “denied.” If your case was referred to court, you can present it again to the Immigration Judge. You may want to talk to a lawyer who can advise you about where your case is now, and whether there is anything that can be done to help you. Good luck, Jason
plz let me know
My refugee status has been denied by uscis for security related reasons. my case was denied since 2014 still awaiting.
I would love to know how much longer does security check take by uscis?
I guess I do not understand. If the case is denied, it is done; there is nothing more to do with the security background check.
Hi Jason,
my mom used a lawyer to fill our asylum. he said he filled it since july 17 2015. we havent heard anything from the asylum office since then. Not even a receipt. what should we do?? i dont trust the lawyer, how will we find out if he truly submitted it or not?? its now over 3 months and my mom isnt serious about it. Please how can you help?? im frustrated and i dont trust the lawyer.
You should have a receipt by now, or a fingerprint notice, so it seems something is wrong. Contact the lawyer and tell him you need the mailing receipt and a copy of the file – he is required by law to give it to your mother (his client). If he does not respond, you can tell him that you will contact the bar association of the state where he is licensed and make a complaint. Also, if he fails to respond, you can sue him civilly. Hopefully, he will respond and let you know. If you do not trust him, that is probably a sign that he is no good. I would also find a new lawyer. Good luck, Jason
Thanks for the reply, I really appreciate it. I will do all that. But I have another quick question. Is there a way I can find out directly from the asylum office if there is a case at all??
You can email your local asylum office. They are not very responsive, and so they may not respond, or it may take a few weeks, but that is the easiest way. You can also go there in person to ask.
Hi jason i have just filed my asylum on 12 oct 2015 in philadelphia upon sectarian basis as i belong to shia community in pakistan….i have visitors visa and entered into us legally and my son is by birth american..i have my family with me but i dnt have enough money to survive here…can the state pennsylvania provide me any help unless i m legally authorise to work in u.s…is there any other way i could do something or can i get my kids admitted into school…kindly provide me some guideline and how much time my application will take
Thnx in advance
The children can attend school – you have to go to the local public school and register. If you work without permission, it will not affect your asylum case. If you need other assistance, I suggest you contact the local office of Catholic Charities – they should be able to advise you about benefits (though there are very few). They help anyone, regardless of religion, and they have an office in Philly. Good luck, Jason
Hi Jason,
my asylum case has been approved,does the uscis send me an EAD after approval?
Our clients usually receive the EAD after approval. If they do not, we have them submit the form I-765. The first EAD after an asylum approval is free. Congratulations and take care, Jason
hi
I applied for asylum in august 2015 in Chicago and still I did not receive any receipt number.
we applied on basis of interracial marriage and we have threat in india .
Do you have any information how much time it will take ?
Please reply
Thanks
jagdish
Normally, the receipt arrives in less than one month. Are you sure you sent it to the correct address? If you send to the wrong address, it will disappear.
hi jagdish,
have u received anything yet?? my asylum is also in chicago since july now.
i applied for my asylum in April 2013, i have not yet been called to interview. as you stated, backlogged cases are skipped in favor of new cases, am kindly requesting that they move cases in order sequence. some of us have family members that suppose to join us when our application is granted
Hello Jason,
I applied for asylum on 02/11/15 and got acceptance on the 02/17/15. I did my figure print on March 03//03/15 the Baltimore USCIS Office. I received a letter on 02/19/15 that said my case was received and pending. More than 180 days have passed and I’ve not receive my work permit. On 08/17/15 I applied for TPS (Form I-821) and I-765 along with a waiver of fees since I don’t have any money but that application was rejected based on the lack of fees. I was told to resend the application along with the fees that I don’t have. I did resend the TPS application since I don’t have money. Do you think this is a problem for me? Will it affect my asylum application?
In August 2015, I wrote the Arlington, VA Asylum office which is my asylum office since I live in Maryland requiring about my case but up today I’ve not receive any respond from the office. I just filed and mailed I-765 to the Dallas, TX office in connection with my asylum case. Do you think I’m on the right track? It’s difficult been without a job to cater to oneself.
You should be able to get a work permit based on the pending asylum case. There is no fee for the first work permit based on asylum. I do not know why you request for. Fee waiver in the TPS case was rejected, but I do not think that should impact your asylum case (unless you misrepresented something on the form). Everyone’s case is currently delayed, so probably it will be a while before you get the asylum interview. You might want to try contacting Catholic Charities or cometh other charity that helps with immigration. They are very busy and so they often respond slowly, but they do not charge money (or charge very little). Good luck, Jason
Hello Jason,
I applied for Asylum on February 11, 2015, received a letter stating that my application was received and pending on February 17, 2015. I completed my fingerprint on March 3, 2015 at the USCIS office in Baltimore. The acknowledge of receipt letter is dated February 19, 2015 stated that I’ll receive notice of when to appear for an interview. It has been more than 180 days and I’ve not gotten my work permit. I also applied for TPS(form I-821) along with I-765 and a waiver of fees since I’m not working but that was rejected. And I was told to send the fees which can’t afford at the moment, therefore, I couldn’t resend the TPS (I-821) application and just remain with my Asylum. Will this cause a problem for me?
I also wrote my Asylum Office which is this Arlington, VA office on August 18, 2015 to inquire about my case but I’ve not heard from the Arlington, VA which is my asylum office so I applied for I-765 as an Asylum Applicant with the USCIS office in Dallas, TX yesterday.
Is there a reason why I’ve not even receive my work permit yet? It’s so difficult being without a job and I think you know what I mean.
Asylum cases are moving very slowly – you can check the progress here: http://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin. As for the EAD or work permit, the first EAD usually takes 2 or 3 months to receive after filing for it; though we have had some people get them in 1 month. I do not know how the TPS will cause problems for you, unless you provided untruthful information on the form; otherwise, it should have no effect on your asylum case. Good luck, Jason
Hi Jason,
I filed my asylum case on 3rd may 2015 Arlington VA.
We already got notification latter on 9th may 2015. And after that we got finger print latter on 14th may 2015 and we did it 19th may.
My case is included my wife and my elder son. My son is born in my country Bangladesh”. And I have another 2 child born in USA. My lawyer told me that your EAD should be apply next month I mean October 2015 2nd week. We are waiting for interview how long do do you have any idea?
Currently, they are interviewing cases filed in August 2013. I hope things will speed up over there, but no one really knows. We will hope that you and everyone else gets their interview soon. Take care, Jason
Hi Jason
I submitted my application in may, 2015 got the acknowledgement letter and finger print taken. Approximately when can I expect my interview sir
I did a posting on August 10, 2015 that discusses this and provides a link to the USCIS website. The short answer is that we know who is being interviewed now, but we cannot really predict how fast (or slowly) they will move through the backlog, and no one knows when a particular case will be interviewed.
Hey Jason, i hope you’re doing good Sir. I have another quick question, i’m in the waiting list pending interview my question is can i go on and study whilst i’m waiting for the interview date.
Thanks in advance for your response.
Take care.
Some schools will not accept a person if they do not yet have the EAD; and sometimes, even with the EAD, they will not accept you. However, if the school allows you to enroll, it should not affect your asylum case.
Dear sir/Madam,
I am from Afghanistan and now I live in ManassasVA, I am working with United Nations Afghanistan. I received warming from Taliban to kill me because if working with UN. and I left Afghanistan and i am in VA, iI want apply for asulym. I heard to apply for asulym i need to get lawyer. to take laywer I do not have money and I l also do not have shelter. How can u apply for asulym and will they provide me shelter and food and can I get court appoint lawyer?. Hope to hear from you soon.thanks
The US government will not help you with food, shelter or a lawyer. You might try contacting a local charity like Catholic Charities in Washington, DC or Human Rights First in Washington, DC. They can refer you to resources to help you. Good luck, Jason
Hi. My attorney filed my asylum application 25 days ago but still have not received acknowledgement of receipt and have not heard anything about my application. I called asylum office and was told that I was supposed to get at least acknowledgement of receipt during 21 days after filing and that I had to ask my attorney what was going on. She keeps saying that all we need to do is to wait for acknowledgement but I kind of don’t trust her anymore. So how common is it, how long usually people have to wait after filing an application to get acknowledgement receipt? I don’t even know if they got my application, I am starting to worry that it’s missing somewhere. I would appreciate any help. Thanks.
Normally, the receipt comes in less than 4 weeks, but lately, it seems that some people have not been getting receipts at all; they just receive the fingerprint notice, and they get this usually within 6 weeks of filing the case. I do think you should wait another few weeks, and if you do not receive anything, maybe you will have to re-submit the application. One suggestion for now: Make sure that the lawyer sent the application to the correct office (depending where you live, there are different places to send the application); I once sent the case to the wrong office and it completely disappeared (so far). Good luck, Jason
Hi Jason. Don’t you think there is big difference between those who have entered the U.S. through visas and those who have entered the U.S. without visas? Why should all be on the same situation? Can’t the Immigration Office take into consideration to those who have entered U.S. legally? Or can’t they do the interview one from old cases and one from new cases? What I mean is if an officer is going to do the interview for four cases a day can’t s/he do two from old and two from new? Thank you very much.
I would like to see them doing more for people stuck in the backlog, but really, it does not much matter what I think. They do what they do. The large number of applicants arriving at the Southern border is a source of real frustration, though, and I do think it could be handled differently (as I’ve written about here a few times).
Jason, thank you so much for the information. I have one more question. I did not mention one important detail – I filed an application after one year deadline (1 year and 7 months since my arrival) but with explained reason for exception from this rule. Could this be the reason of delay of the receipt? Or is it possible that since I failed to apply within one year they will not accept my application at all?
This should not affect when you receive the filing receipt – we have lots of cases like that and it makes no difference.
Hie Jason hope you are doing well today.
I have a quick question, i filed in 2014 December. My question is i did include my family when i submitted my papers so i want to know how long can it take after i’m granted asylum for my family to join me?
Thanks in advance Jason.
If the case is granted, it typically takes 6 months to a year for family members to arrive in the U.S. You file a form I-730 for each family member, and if you are approved, you can file for your family members as soon as you receive the approval notice. Good luck, Jason
I my name is sheilanda I’m apply for asylum since April 2013 but the never send my a interview
Some asylum office have not yet reached cases filed in April 2013, so it may be that you are just in the queue. If you are not sure, you should contact your asylum office to ask about the status of your case. Good luck, Jason
Hi
I apply asylum in June 2014. I didn’t got a interview date. I applied EAD. I didn’t received yet the EAD card. How long I am waiting for this process
Thank you.
Each asylum office is different in terms of waiting time, so I would need to know what office you are in. You can track the EAD online at USCIS.gov.
San Fran is currently interviewing cases filed in about June 2013, so there is still some time to wait. Good luck, Jason
Hi guys I have applied for gay asylm in July 2013 , got fingerprint done , got ead, but still nothing from interview? Is it possible somehow to make it faster?
Also what would be if I pulled out the case and get married for heterosexual person or even worse a woman !
I did a blog post on February 26, 2015 discussing ways to make a case faster. None of them works very well, but you can try. Also, you can marry a person of the opposite sex or the same sex and – if they are a US citizen and you entered the country legally and there are no bars to you getting your green card – you can get your papers through the marriage. You would do well to consult with a lawyer about the marriage, as not everyone is eligible to get their green card that way. Good luck, Jason
Hi Jason.
I filed my case in April 2013, did my finger prints 2 weeks after filling and got my EAD after 150 days. I was scheduled for the interview June 2015 but my lawyer rescheduled it to a couple of months since he had another interview the same day and time as mune and he wantsaid to attend both cases. I have a 11 yr old son back in my country I included on my case. My question is: is there a form I can fill out to start filling for him while am waiting for my interview? If there is can he be allowed to come to the US?
I will appreciate if u get back to me…thankthankyou
Unfortunately, you cannot file for him unless and until your asylum is granted. Maybe he could come some other way, like student visa for private school, but that it difficult. You might also think about using humanitarian parole (form I-131) to being him – this is usually reserved for people with medical emergencies and I know of no cases where it has been successfully done to bring a relative like your son, but theoretically, it could work. Anyway, your interview should be very soon, so hopefully, you will be granted and can then file for him. Good luck, Jason
My asylum office is at VA
hi jason
First of all i thanks you for all the answers and informations
I did my finger print on 12/23/2014 and didn’t get my interview yet ,My question is am going to wait more than year or less ???
It is unknown. Virginia is currently interviewing cases filed in August 2013, but we do not know how fast they will move through the waiting cases. It could be anywhere from 6 months to 1 year or longer. Good luck, Jason
i went for my interview in january 13 in arlington is now 5 months i m from cameroon no response it,s comon? the asylum officer said that day i should come for the answer in two weeks but my lawyer said they should mail it i did not receive anything since i m very worried
Unfortunately, it is pretty common – especially if the case involves a security issue or a “terrorism” issue (meaning if you paid any money or gave material support to a terrorist group – even if it was against your will). Also, high-profile cases like diplomats tend to be slow. Hopefully you will hear something soon. Good luck, Jason
I have. submit a case in January 13 for screening. Interveiw. But.. i dont. Get. Second. Interview… and. They told me. 26 January first.. sing. Home Office. And. Told me. Next sing after. 6 month . Now
Hi Jason
I have submit a case in January 2015
But until now I didn’t get an interview appointment ! Do you have any information about recent applicant status ??
Thanks in advance.
You will probably not get an interview for a while, so you will have to be patient. I did a posting about this issue on February 12, 2015, if you’d like more information. Good luck, Jason
Usually you get your figure prints collected in 2-3 months although on their web site they claimed that within 2 weeks.
Then your interview will be arrange in a year or later.
but you can file for your work permit already in the meanwhile.
Hi jason
I have been waiting interview for 2.5 years. And i heard about they gonna start take old cases these days and send them appointment for interview. Is it true ? And if is true how long expected time to get it ?
It is true, but the schedule at each office is different. In Virginia, they are interviewing cases from about June 2013. Other offices seem to be slower, but I do not have specific information. Good luck.
Hello jason sir,
Still i didnt get the asylum result. Still pending no reply for my ead too. One thing i want to ask you is i want to study nursing course to help poor people like me for free,did us goverment help me for my study for free,, i am ready to do free job in any hospital after clear my nursing, ,because americans are the most helpful person in this entire world,,they help my baby a lot,
I do not know about that. Probably the university itself is the best place to contact about scholarships to study. Good luck, Jason
Hi Jason
I have m’y case pending sinnce sept2014 did my fingerprint never got m’y interview date waiting now since 35 days for EAD can you hdo something for me in mycase.howlong can take my EAD and my interview.how you can help me please Need to work and get my drjver r licence e can i have financial aid to learn english in community collège
If you filed for the EAD, you should get it pretty soon, though there are delays with EAD (see my posting from last week). Once you have the EAD, you can get a driver’s license. As for financial aid, you should talk to the school to see if they can help you. Good luck, Jason
Hi Jason,
Thanks for your different posts. It is very helpful.
Do you have any idea about the time frame in Minnesota (Asylum application pending since December 2014).
Thanks
Sorry – I don’t know about the time frame for your office (which I believe is Chicago). Maybe you can contact a local non-profit (like Catholic Charities) and ask whether they have any idea.
Hi Jason,
I went through all the application and fingerprinting, plus is in the process of applying for work permit. After reading your post and other people’s comments here, I understand the wait does take long and my case is probably also backlogged. However, I have a few questions that I can’t find answers to and hopefully you can help answer them:
1. What happens if I work with work permit and renew after not getting interviewed? Do I just keep waiting? Can an employer sponsor me a green card if I have worked with them long enough under this asylum work permit but I still haven’t got interviewed?
2. I am currently pregnant and is due in 7 months. Chances are my child will be born in the US as a citizen here. Is there a way I can adjust my status then?
3. What happens when a person fails the interview and the also the immigration court hearing? Do you have to leave the country right away?
4. I read in the other websites that asylum grants or decisions for grants may be taken away if conditions (ex in home country where persecution is feared) has changed. Since it seems like to get the interview may take several years and conditions of my home country may be better by then, does that mean they will take away my grant of asylum status? Can I use “human rights” as an excuse to stay in the U.S.?
5. Do i just keep renewing the work permit if I don’t ever hear from them for the interview? And what are your thoughts on this type of work permit becoming a path to green card in the future? Is it possible?
Thank you. I look forward to reading your tips on the interview questions.
You really need to speak to a lawyer about these questions. If you are out of status, it is generally very difficult for your employer to sponsor you and probably requires you to leave the US. If you have a child here, it probably won’t help you adjust status. If your case is denied by an immigration judge, you can appeal to the BIA, and you will likely not be deported immediately, though legally you could be. It is possible for asylum to be terminated if country conditions back home change, but I have not heard about that happening to anyone. Finally, I know of no way for you to get status based on an asylum work permit.
Hi Sir
this is john and I hv question about my asylum status. I apply asylum feb 2015 and I received letter from arlington office 11 feb 2015. and we give finger prints in march. and now waiting the interview call. nothing happen yet.
my question is I want to go canada to meet my friend and family. is it possible to travel to canada in my current sautation?
and what if i apply asylum in US but still no interview call yet. I can moved to canada and apply asylum there orany chancei can enter i canada?
please help me out i m looking all online answer.
thanks
Before you leave the country, you should – at the minimum – talk to a lawyer. Probably, you can travel after you have advance parole (form I-131), but it depends on the individual case. As for asylum in Canada, you might be automatically denied because you were first in the US. You should probably talk to a Canadian lawyer before you go to Canada.
Hi Jason, I applied for asylum just a month ago and already had the finger print test. For how will it take for me to get an interview?
Probably a long time, since they are interviewing older cases first, and there is a large backlog. It might be a year or more. You can apply for a work permit after 150 days. Hopefully, you will be lucky and get an interview sooner, but it is not likely. Good luck.