Some asylum seekers file their applications and never receive an interview. Others are interviewed for asylum and never receive a decision. I’ve discussed the first problem–called the backlog–several times, but today I want to discuss the second problem. What happens to people who are interviewed for asylum, but then wait forever for a decision?
I’ve had a number of clients with this problem. They fall into a few broad categories.
One group are people from countries that are considered a security threat to the United States–countries like Afghanistan, Syria, Iraq, and Somalia. People from such countries are subject to more extensive—and thus more time consuming—security background checks. The security check process is very opaque, so we really don’t know much about what the government is checking or why it takes so long, and the length of the delay seems to have nothing to do with the person’s personal history (for example, I’ve had clients who worked in the U.S. Embassy in their country or with the U.S. military, and still the background check was delayed). To me, the security background check delays don’t make sense. If the person is a threat to the United States, allowing him to live freely here for months or years while the government investigates his background seems like a bad idea. Another aspect of the background check that does not make sense is that asylum seekers in court never seem to be delayed by security checks. Also, aliens seeking their residency in other ways (marriage to a U.S. citizen or through employment) don’t seem to have problems with background checks either. While the need for background checks is clear, the inordinate delays for asylum seekers is hard to understand.
Another group of people who face delays after the interview are people who may have provided “material support” to terrorists or persecutors. I have a client like this–he was kidnapped by terrorists and released only after he negotiated a ransom (which was paid by his relative). Had he not paid the ransom, his case would not have been delayed post-interview. Of course, had he not paid the ransom, he would have been killed by the kidnappers, so the point would probably be moot. I imagine that his case is subject to review by Headquarters, which again, seems reasonable. But why it should take 10 months (so far) and what they hope to discover through an additional review, I don’t know.
A third group of people whose cases are delayed are members of disfavored political parties or organizations. Such people might also be subject to the “material support” bar, but even if they have not provided support to persecutors, their cases might be delayed.
A final group are high-profile cases, such as diplomats and public figures. When such a person receives asylum (or is denied asylum), there are potential political ramifications. Again, while I imagine it makes sense to review such cases at a higher level, I am not exactly sure what such a review will accomplish. The law of asylum is (supposedly) objective–we should not deny asylum to an individual just because her home government will be offended–so it is unclear what there is to review.
These delays are particularly frustrating given that decisions in asylum cases should generally be made within six months of filing. According to INA § 208(d)(5)(A)(iii), “in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed.” Unfortunately, the “exceptional circumstances” clause is the exception that swallows the rule. These days, everything from backlog to background check to Asylum Office error seems to pass for exceptional circumstances. I know this is not really anyone’s fault–the Asylum Offices are overwhelmingly busy, but it is still quite frustrating.
Indeed, I have had clients waiting for more than two years (two years!) after their interview, and the asylum offices can give us not even a hint about when we will receive a decision. The worst part about these delays is how they affect asylum seekers who are separated from their families. I’ve already had a few clients with strong claims abandon their cases due to the intolerable wait times. The saddest case was an Afghan man who recently left the country, two years after receiving a “recommended approval.” The client had a wife and small children who were waiting in Afghanistan. After he received the recommended approval–in 2012–we were hopeful that he would soon receive his final approval, and then petition for his family. After enduring a two-year wait, during which time first his child and then his wife suffered serious illnesses, the client finally gave up and returned to his family. This is a man who worked closely with the U.S. military in Afghanistan and who has a very legitimate fear of the Taliban. In his case, we would have been better off if the Asylum Office had just denied his claim–at least then he would have known that he was on his own. Instead, he relied on our country for help, we told him we would help, and then we let him down.
Delays after the interviews seem to affect a minority of applicants, and they have not garnered as much attention as the backlog. However, they can be just as frustrating and never-ending as backlogged cases. At the minimum, it would be helpful if the Asylum Offices could provide some type of time frame for these people, particularly when they are separated from family members. As DHS struggles to deal with the backlog, I hope they don’t forget about those who have been interviewed, but who are also stuck waiting.
i have another questions .
the recommend approval its mean i success with the asylum or there is any risk or refuse or Deni
We have never had a recommended approval that was later denied. The problem is the delay in the decision. It is very frustrating.
i went many time to the asylum office in nj and they give me paper said pending until uscis complete check background
i need to know how long its should take to get the final and is work if i get lawyers to help me with that ?
i was had interview at 21 of September 2014 in new jersey in the asylum office
and my interview was very good and the officer was cool and nicd . and she told me i will know the result after two weeks .
i went to the asylum office in 9 of October 2014
and the result was recommend approval until uscis complete the check background.
today is 3 of april 2015 its almost 6 month and i still didnt get the final approval .
really i am feeling very bad of that .
so when i will get the final approval … ??? please i hope you give me answer soon
This has been a problem for some of my clients as well. We have not found any way to make them go faster. You might send an email to them just to be sure that the case is still active. Good luck, Jason
Please Jason can you advice me what to do, i apply to me renew work authorization card since Dec 2014 and my old one expired last month its almost more than 4 month!!! so any advice what to do even though i did finger print last month but nothing make change
Please see my most recent post (from last week).
I appreciate your kindly helping ; I have done the interview on July 17 , 2014 in Virginia immigration Arlington center . & submit for work permit Jan 2, 2015 , For these I have not received any decision . I will be happy if you kindly help for the delay reasons .
your early reply is highly appreciated .
Some cases go slowly, and we have a number of clients waiting since 2014 (and even 2013 or 2012) for decisions. You can always go to the Arlington Asylum Office on a Wednesday and inquire about the case. Work permits are generally delayed. I posted about that recently. Good luck, Jason
hello I am from africa in democratic republic of congo and my case was signed in December and admissible on until after you pass the time with the digital footprint four months already there is no letter for my interview and I afraid to take too much time because my children are very young and do not expect me to be accepted here in the usa ……. and I fear reading the cases that took more than two! is what do you think the candidate of my country are also experiencing the problem of too much to expect
Everyone is experiencing delays now (see my postings from February 12, 2015 and February 26, 2015). We have represented a number of people from DRC in my office, and – if I remember correctly – all of their cases were successful. Good luck, Jason
thank jason god bless you
parceque je ne pas de travail pour l’instant et comment faire si je souhaite que vous suivez mon dossier,car le mien est a chicago et comment vous payez?
ensuite un demandeur d’asile pourrait-il traite son dossier s’il gagne en lottery dv?
jason thank god bless you
because I do not work for now and what if I want you to follow my file, because mine is a chicago and how you pay?
Then an asylum seeker could he handles his case if he wins in lottery dv?
If an asylum seekers wins the DV lottery, he can get his green card if he is still in legal status. If his legal status has expired, he may still be able to get the green card, but he would likely have to leave the US and process the case at an embassy overseas. In short, if you win the DV lottery, you need to consult with a lawyer. If you cannot afford a lawyer, try a non-profit like Catholic Charities. As for me, I represent people all over the US, but I do charge a fee. Feel free to call if you want to discuss: 202-328-1353.
Hello Jason,
Many thanks for this very helpful page. I have applied for asylum case since March, 2013 and did the interview on November, 2014. On November, 2014 also I applied for EAD, I received it after 4 months, i.e. March, 2015, My question is: I am planing to report this EAD to employer how accepts this EAD but did not do sponsorship, what happens to the EAD if the case is denied and transferred to a judge, can I still use this EAD till having a judge decision or I have to stop working then issue a new EAD? Please advise urgently.
Thanks in advance for the reply.
If the Asylum Office does not grant your case, and the case is referred to an Immigration Judge, you can renew your EAD until the case is finished with the Judge (usually a few years). After that, if you lose and appeal to the BIA, you can continue renewing your EAD until the appeal is done (usually one to two more years). Remember that you must renew the EAD before it expires (see my most recent posting from March 31, 2015) and that after the first EAD, which is free, you must pay the fee for each renewal (or request a fee waiver).
many thanks, but the most important part of my question is:
If the refer to a judge happened while I am using the EAD, do I have to stop working till I renew the EAD based on this refer, OR, I will continue working with the current EAD till I receive the new one?
Sorry – If you are referred to a judge, you continue with the same EAD until it expires.
Thank you so much
I am on a Pending asylum case plus F1 valid status, my family also are dependent on pending asylum case plus F2 valid status. If an employer decided to do H1-B status for me, can my family get H-4 status as soon as my H1-B petition is approved? Or they have to wait for the asylum office decision?
I am not sure – I know you can get an H1B even if you have a pending asylum case. I believe that your family could get the H4 visas, but I do not know for sure. You might want to ask the lawyer who is helping with the H1B whether the H4 visa, like the H1B visa, is a “dual intent visa.” If the answer is yes (which I think it is), they should be able to get their H4 visas.
thank you for having this website
i was interviewed on feburary 24/2015 in sanfrancisco asylum office and the officer said to pick up my dicision after two weeks unfortunately before the date line i received a call from asylum office and they informed me my case is not decided and when they decided the asylum office will mail to me.what does mean that is this good news or bud news. and how long will take.if it takes long time can i expide by some reasons like medical treatment report.
i appreciate for your cooperation .
thanks a lot.
ac
I do not think this is a good or a bad sign for your case. It is very common that decisions are not available in two weeks. If you have a medical problem and need to expedite the case, you can give the asylum office a letter with a doctor’s note. We have not had great luck getting cases expedited that way, but maybe it will work. Good luck, Jason
Hello
We applied my asylum on october and after 1 month we give interview. Every month my husband went to sanfransisco for decision but they replied Still pending decision. We applied for the Ead but they reject it because of pending asylum,,when can i applied EAdD.. we had very hard time and frustration, ,someone advise me to do suicide then my husband get approved. It that trur,, i am like dead body,,,i have 10 months old son,,no good to eat at home
If we will go to our home country we will be killed ,, i love my baby a lot so,we cant go to our home country and cant get risk,,my baby is us citizen,, last 2 days my husband and me drink only water for 2 days,,,when i give birth to my child normally and i went home that time also no good at home so,cant feed my breatmilk to my baby,.i am the most unlucky woman in this world,,but luckily wic give food to my baby :'( :'( :'(
It is very frustrating and many people are suffering like you and your family. However, it is not unusual to wait many months for a decision, as the government does a security background check that can be quite slow. As for the EAD, you and your family members can apply 150 days after the asylum application was initially received. Given that your interview was in October, you should be eligible now. If you are having trouble applying, you should hire a lawyer to help you. Good luck, Jason
Thank you very much sir,,your kind reply,
Sir they asked us to give marriage certificate on january and we provide that but still they didnt check our marrige certificate,,and our case is still pending.
Why they asked for marriage certificate even we have. A 10 months old son,, any idea sir,,it will begood news or bad if they request to bring certificate like this
It is standard that when a married couple files an asylum case together, they want the marriage certificate. My guess is that they just want it, and it has nothing to do with how they will decide the case. Good luck, Jason
Hello sir
Today my husband went to immigration office to check our status still they said they didnt received our document and still pending.. after that my husband show her stamp i:e ( while they received our document and put stamp on paper as a proof of receive document) then she said no need to worry your file looks okay,, i want to asked you sir,, did she (teller) knows about our case,,
It sounds a bit suspicious to me. I recommend you email them and ask again, or go back in person and ask to speak with a supervisor. If you have a lawyer, you can ask the lawyer to contact the AILA (American Immigration Lawyer’s Association) liaison to the Asylum Office, and maybe you can get more reliable information that way.
pleas im asylum pending and my work authorization expired and apply to renew, today i found a job but my card is expired so its legal to work till i receive the new one ?
thank you
I have seen a document indicating that with your old work permit and the receipt for the new work permit, you can work for 90 days after your old work permit expires. However, when I tried to find it online, I could not. And what I did find indicated only that you could use the receipt to work if you are replacing an old work permit that was lost or stolen. I plan to search again for anything else I can find on this topic, and if I find something, I will post it.
Thank you very much sir
Jason you are very helpful
Thank you JASON and god bless you .
Hi Jason:
I belong to this group of asylum seekers,I was interviewed in 8/2013 and my case is still pending,although I tried to expedite it twice using my four years old special need’s son medical reports (he is an American citizen),and explaining to them how hard it is for me to take care of him (he needs lots of attension and therapies and doctors visits)and also his six years old brother while I’m in the United States only by my self,since I’v been separated from my husband and family for more than two years now,well they simply refused to expedit it.
I applied for an advance parole for me and my other son in 02/2014 asking to visit my sick mom in a third country,they approved my son’s and send me a request for evidence on 02/2015 ,I told them that since it has been a year from the time I applied so my mother health was improved but I still need to visit my family according to my hard circumstances,well they respond by resending another request for evidence to prove that my mom is or was sick?!!!
Now I really don’t know what to do,my son’s advance parole was expiered last month ,my question is should i withdraw my application,and if I did ,will that make them think that I was lying?could this withdraw affect my asylum case?
This whole story is really terrible, but sadly, it is common for asylum seekers in the US. If you withdraw your application for Advance Parole, it should not affect your asylum case. As for making it go faster, I do not have a good solution for you. You could try the Mandamus lawsuit (which I discuss in a posting from February 26, 2015). Otherwise, I suppose you can keep inquiring. You could try going to the press with your story, but that can be risky. I have been trying to organize something with a Congressional office to address these types of delays, but they are not so responsive. If there is any new in that regard, I will write about it on the website. Take care, Jason
Thank you so much for your help,your website is very helpful.
I would like to know how common is straight denial vs immigration court referral. Thanks
Denial is for people who are lawfully present in the US (“in status”). Referral is for people whose visas have expired (they are out of status) or who entered the US unlawfully.
Thank you very much for your response. I am on H1b Visa that expires in June 2015, did my interview in October 2014 and still waiting. I got a work permit recently. So would I get straight rejection as they know that my visa will expire soon, or they will send me to court? would my work permit get revoked automatically in the case or denial or referral? Thanks again
If you are on a valid H1B and you get denied, the case will be denied and the work permit will become invalid. If your H1B has expired (i.e., you are out of status), they will refer your case to court. Until the court case is done, you will continue to have a work permit (but you will have to renew it each year). Take care, Jason
Hi Jason Dzubow
I live in California, On 07/16/2012 I filed the application I-589 as asylum seekers, and on 08/20/2012 my husband and I went for our interview at the USCIS office in 75 Hawthorne Street, San Francisco, CA 94105.
According to the officers everything was good and they will send me the decision home, which I supposed to receive in two weeks, after that my attorney had contacted USCIS office to ask about the delay of decision, the answer was delay is due to security and background check.
On 09/08/14 we received a letter from USCIS to do Biometrics (fingerprints) for my husband and I which was done on 09/12/14.
I would really appreciate if you could tell me what to do in order to find out about my case,
Thank you for your time and considering my request
Unfortunately, the asylum office does not give much info out while a case is pending. You can contact them about the delay, but the usual response is only that the case is pending. Our clients have experienced long delays after the interview, and we have not figured out a way to make it faster. It is extremely frustrating. The most extreme action you can take (as far as I know), is to sue the asylum office (called a mandamus lawsuit) to force them to make a decision. Good luck, Jason
Thanks Jason
Regarding your response as an extreme action is to sue immigration officials office, Three months ago I went to consult immergration attorney who confirmed that when sue them, they just send the case to the court.
Have any idea about this ?
Thanks
Maybe instead of “extreme” action, I should have said “strongest” action. But anyway, I have not heard that they will send the case to court if you sue them. I only know of one example, but in that example, the Asylum Office agreed to process the case within a certain time frame, and last I heard, they were complying with the time frame. However, I do not know the result, so maybe the case will get sent to court. If I have news about that, I will post it.
Thanks Jason
Good news Today I received a letter from USCIS says that my case is under review and they will send me a decision when they done.
Do you think it is good sign and how usually takes this review?
Thanks
I am not sure, as I am not familiar with that type of letter in an asylum case. Are you sure it is not for your work permit? In any case, it is a good sign that the case is alive and under review.
Hi
My family applied for asylum on my husband name in 2013 and we interviewed already with no decision , now my husband want to travel to another country cause the case take too long time ,can I apply new case here on my name?
You can – but there could be complicating factors, so you would be well advised to talk to a lawyer about your plan. Good luck, Jason
Hi sir
Is it normal to give oath twice during the interview one in the beginning other in the middle the officer ask ?
I have only seen it given at the beginning. Maybe the officer wanted to remind you of the obligation to tell the truth?
So it is bad sign , but I was telling the truth!
Hopefully not – You would know if the interview was going bad and the officer thought you were not telling the truth. If that is not the case, then maybe there was some other reason for giving you the oath again. Good luck, Jason
I did my interview now for one year and half, I have a work permit.
My question is how can I proof to the employer that my work permit is renewable after it will expire and I don’t need a sponsorship.
I didn’t get the decision for my asylum case yet.and my driver license is temporary.
Thanks for your help
Hi I have been waiting for my interview for 14months now I appl for work permit since it has been 12 months I applied for asylum but I still haven’t gotten any reply for the work permit is been 2 months now,I thought the working permit is different department with the asylum team
The work permit is different from asylum. Our clients have been seeing delays in the work permit process; it seems to be taking 3-4 months (even though the USCIS website says it takes 3 weeks). If you received your receipt, you can check the status online at http://www.uscis.gov.
Hi Jason
what is the average time take headquarter to make decision about asylum high profile case?
thanks
There is no average (well, mathematically, there must be an average, but they don’t tell us, and I kind of doubt they know themselves). We have several high-profile cases pending; the longest one is probably over one year. On the other hand, we’ve had other high-profile cases decided in only a few days. As far as I can tell, it is completely unpredictable.
Hi,
My husband interviewed and waiting for the reply for us asylum. How can wife and children back in country join husband who is already waiting in usa for asylum? Also after how much time we can apply to join him? Is this allowed if so what is the proceudure, forms etc. Pls advice.
Thanks
There is no simple answer to your question. The only way your husband can sponsor you is if he is granted asylum. Otherwise, you can try to come to the US just like everyone else (but it will be more difficult since your husband filed for asylum) or perhaps you can apply for humanitarian parole using form I-131. In any case, it depends on your circumstances, so you should consult a lawyer about your specific case.
Hi Jason,Thank you so much for the very important,updates and insights about the asylum process in the US.I do fall under this category of the people who have done their interviews and have not had any response from USCIS for a long time now.I had my interview 2 years ago and provided all i was requseted to and ever since all i or my lawyer hears from the Arlington office is the case is still pending;it is very frastrauting!!Now i recently got married to my wife who is a permanent resident but not yet a citizen,will be one in two years time.Will this change anything as par my status here in the US?Or it will still be the same story;still pending?We are failed by our courts and judicial systems from counties that persecute us and very unfortunate some of us still face the same when we live in the so called”Human rights Champion” the USA since we actually take that long for a redress.
The marriage probably won’t make any difference to your asylum case, but – assuming you are otherwise eligible – your wife can file for you and you can get your green card that way. This is usually much easier once she is a US citizen, as you would not have to leave the US. While she is a resident, she can file for you, but you would probably have to leave the US to get your green card, and this could cause big problems. In any case, since your wife will eventually be a US citizen, the marriage basically guarantees that you can stay here, it is just a question of how long until you get your status. And of course, you would be well advised to talk to a lawyer about the specifics of your case, as I can only answer generally. Good luck, Jason
Sorry , I mean does it take long again to get final decision after getting recommended approval
Does it take long to get asylum granted?
Hello jason,
I just received a recomended Approval today, but i could not get exactly its meaning, pls help and explain more to me about Recomended Approval. Thanks
It means that you qualify for asylum, but for some reason they cannot yet issue a final decision. Normally, this is because security background checks are not complete. Most of our recommended approval cases receive a final approval within a month or two, but one person waited over two years with no decision. That is not normal though, and hopefully you will receive the final approval soon. Also, if you do not yet have a work permit, you are eligible to get one based on recommended approval.
Dear Jason:
I applied for asylum in April 2014 and was interviewed in May 2014. My lawyer says I have a strong case and that the interview was very successful. I am still waiting for the final decision. In November I received my work EAD. In January 2015 I got my SSN and passed all my driving tests to get a driver’s license. However, the staff at the license office informed me that I am not ‘temporary’ anymore and that I have a ‘permanent status’ that is now showing in their records. They refused to give me the license based on that and asked me to contact USCIS to get an update on my case which according to them is already approved. For 8 weeks now, my lawyer has been emailing USCIS office with no answer. My question to you is how can my status change in the system when I am not officially notified? I am completely frustrated because I feel paralyzed; can’t go on with my life or at least get a driver’s license. Thanks for your thoughts on this issue.
I suggest that – if possible – you go to the asylum office in person. Certain offices only allow such visits on certain days, so you need to know about that. They do generally respond to email, but it takes several weeks. You can check your asylum office policies here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ZSY
Hi Jason,
I was interviewed 20th of February 2014, and the asylum officer gave me a letter and told me to collect the decision after two weeks later from that day and then after two weeks before I go to the asylum office I received a call and they said don’t show up and they will inform me by mail reason they said they need more time to further review my case now it’s almost a year so I didn’t receive any information yet please tell me what is going on about my case thanks a lot.
I do not know the reason for the delay, but the situation you describe is pretty common. You might want to contact the asylum office to make sure the case is still pending. Good luck, Jason
Hi Jason,
Here is my case. I apply for Asylum on May 23, 2014 but I’m still waiting the interview notice. When I applied, I had a Student Visa (F-1) which is still valid. Since 2013, I have had SSN due to I worked in the University as Teaching Assistant while I was studying. I finished my Master Degree on December last year and now, I have an EAD with my post-completion OPT. I’m working as full-time employment for an Electric Utility in my city. So, when I applied, the attorney told me that they will check and now everything about me due to I have SSN. My question is, May the SSN be the reason of the delay on my interview notice? I’m so frustrated because I’ve already had a job that is really hard to get. Also, I would like to know if you think that my master degree finished, and this full-time job may help me to get an approval on my case?. I know some people who applied near to my application date and they had their interview and decision few months later.
Thank you!
Cases are moving very slow (see my most recent post from last week about the latest news). I do not think your SSN should have any effect on your asylum case. Since you are in status and have a good job, maybe you should see whether your employer would sponsor you for an H1B. You can do that and continue your asylum case (and maybe there are other work visas that would be appropriate for you). Good luck, Jason
Hi Jason I have big problem I came to usa and made asylum case with my wife but Iam a main applicant but she with me in the case and I am pending alum from 3/2013 but she left me and back to our country and she has visa not broken my question my wife can enter again in this period or not and can I bring her if I recieve approval . Jason the asylum office dose not know that my wife left usa
My guess is that her return to the home country will be an issue you will need to explain to the asylum office (and I would not be surprised if they know she returned). Since she is still your wife, I do not see why she cannot benefit if your case is granted, though you may need to file an I-730 petition for her.
Hi Jason,
You are extremely helpful for such frustrated asylum seekers as us!
We had our interview in Jan, 2013 (two years now!)
Does this long wait indicate that our case has been reviewed and decided on positively and we are stuck in the security check because we come from countries that are threat to the US?
We applied in Chicago office but then moved to Ca and informed them of the address change. Can we ask for our case to be transfered to Ca office?
I contaced the senator of Ca. Do you think that would be helful?
Thanks a million. You have no idea how helpful this site is!
Thank you for the kind words. If you have already been interviewed, I do not see how your case can be transferred. I would contact the asylum office where you were interviewed to confirm the change of address – I do have some cases that took longer than two years, but that is uncommon, so I think you should be sure they have your new address. As to contacting a senator, it won’t hurt, but I doubt it will help. Anyway, it is worth a try. Good luck, Jason
Hi Jason I have something weird every time I try to see my case status online through the check status site it told me that there is something wrong in your case number but I am sure it is right
What is that mean
My case is pending asylum from March 2013
I sent my document to USCiS for asylum on 31st December 2014 and more than one month I didn’t get my first letter that means I don’t have receipt number. What should I do in this case?
Hi Jason I have something weird every time I try to see my case status online through the check status site it told me that there is something wrong in your case number but I am sure it is right
What is that mean
My case is pending asylum from March 2013
You cannot see asylum cases on-line. The only way to get info about them is to directly contact the asylum office.
Hello Jason,
We really appreciate that there is somebody we could talk to ,it really make us feel better.,THANK YOU VERY MUCH.
My question is do you think it is most likely for people who’s been waiting for a long time like me (2yrs) to get denied by asylum office? especially after everything we provided is true.
If you were already interviewed and you have been waiting two years, I do not think that is a sign that you will be denied. It may be a sign that your case was sent to headquarters for additional review (this happens in high profile case, cases of diplomats, cases where the person may have provided support to terrorists – like paying ransom to save a family member). It could also be due to security background checks. Or maybe your Asylum Officer just didn’t complete the case yet. Overall, at least in my experience, I do not think there is any relationship between how long a case takes and whether the case will be granted. Good luck, Jason
Hi jason !
I was interviewed thoroughly along with my family on dec 10th2014 at arlington office. After a good interview officer gave th letter to pickup decision afr 2weeks. 2hours before given time he called n told dont show up thy will mail th decision themselves as it is yet to b signed by th supervisor.m still waiting for the response.
what can b the probability..security checks… as i was from pakistan ..
But y i was told to pickup in 2weeks. And just 2hours before he called n said wait.
Is thr probability tht he recommended and is in process of security checks..or something else.
I don’t like to speculate about that. You never know why a case is fast or slow, or delayed at the last minute. It sounds like things went well, so that is good, but I just don’t think you can read anything into the way that the decision was delayed. It is like guessing whether a pregnant lady has a boy or girl by looking at her belly. You will likely be correct 50% of the time. Good luck, Jason
Hi Dear Jason,
I usually visit your site hoping that there could be something new in the asylum process and i am almost addicted to it and visiting the asylum office. I have received recommended approval at the beginning of august 2014 but still no final decision. My situation gets worse every day. My performance at work decreased from time to time, my day to day life, my wife back home, hunger of my kid, losing of my well developed professional work due to stupid politics in my country, the situation of my old mother, the traumas i have…all these makes me really made. Sometimes i cant sleep but can’t wake up and do my work just severely depressed, want to sleep and deeply think about what is going on my life. I was in the backlog for almost a year. I have asked the asylum office at the beginning of this month and the supervisor said “we are actively working on it but i can’t tell you the time frame on when we will send you the response.” You know what? when my frustrated goes up very high i just want to check the mail box more than 3 times a day but still i ended up finding a bunch of other unnecessary mails not the one from the asylum office,that i needed badly , want to go to the asylum office to check…and i start to feel like am i getting some psychological problems? in rear times feeling of suicide but to go to health institutions i fear it may have negative impact on my case, and now i am also feeling that my repeated visit to the asylum office may also affect my case (i usually go to the office every two weeks and at least every month starting last September getting the same response we will mail you the decision). At the begging of my visits i was able to talk with my asylum officer and he told me that my case got delayed only because he was busy to do it otherwise everything is okay and they would send me in two weeks time, then after two weeks he told me that he had finalized his part and everything now is in the supervisors office and out of his control. Then i emailed them, go in person repeatedly but the same answer. So my question after my brief explanation on my situation is
1. How do you evaluate my officers response ( i have doubt that he could do some mistake or i don’t know what to say but not comfortable with him though he was cooperative)
2. Will my repeated visit affect my case
3. At the time of interview he said” the document from the embassy where you got the visa shows that you have multi-international travels” which is not correct ( i only had traveled to USA, no any other country), so do you think the embassy will make such mistake and if so how long will it take for USCIS to verify the information from the embassy(some times i feel like USCIS may ask the embassy and that may take long time and hence may be the cause for the delay)
4. If i go to a hospital and diagnosed with psychiatric disorder what is its impact on my case.
I know you are not a counselor rather a lawyer, but from your posts that i am addicted with i feel like you are experienced, concerned and dedicated to help that you may give me some of your very busy time (i guess) and advise me on my questions and anything that you feel is important. Thank you very much.
Unfortunately, your situation and your problems are all too common. I advise my clients that until they have a decision, they don’t have a decision. In other words, whatever the asylum office tells you, or what lawyers or other applicants tell you, you never know when your decision will come. It may take many months, or it may come today (we hope). Therefore, it is best to put this aside and not think about it too much. There is probably nothing you can do about it, and so all the checking and stress does you no good. That said, if it was me, I would probably do exactly as you are doing (it is easy to give advice; harder to follow your own advice). In any case, at least at our asylum office (Virginia), they have recently changed their priorities, and they will not (supposedly) focus on issuing decisions where the person was already interviewed, so maybe this will help you if you are in Virginia. And maybe other offices are doing the same, but I do not know. Finally, I think making inquiries will not hurt your case and if you are diagnosed with a psychiatric disease, that will not hurt your case either. You may want to give the asylum office a doctor’s note about the effect of the delay on you, and maybe – maybe – it will make them process your case faster. As to the reason for the delay, maybe it is related to the embassy, or security background checks, or something else, there is no way to know. Have patience and good luck, Jason
Thanks Jason for your advice and consideration;
Yes I am in Virginia Arlington office but your sentence i.e “they have recently changed their priorities, and they will not (supposedly) focus on issuing decisions where the person was already interviewed, so maybe this will help you if you are in Virginia” is something that gives hope and hence if you just write something about it, that could help a lot of people at least by giving hope. Being in an uncertain situation where there is no clue of hope is really, really, really bad. That hurts me a lot.
Thanks again
Just a correction – it should be “they will NOW (supposedly) focus…” It should not read “not”.
Hi Jason,
I had my interview since February 2013, I ‘ve been waiting for 2yrs now but all I get when I went to check for my case statues is ” your case is under routine review by asylum officer”and I need to change my address but people were telling me that it will take a whole new process if I do, and I already left the old place. What can I do?
If you moved, you should change your address. It should have no effect on the decision, but if you don’t give them your new address, you will never receive the decision (if they ever make one!). Probably the delay is due to the security background check, and some of my clients have long delays like yours, but really, it is pretty awful to have to wait so long. Good luck, Jason
My 78 year old mom has received (recommended approval) in October 2014. Still pending security check. We entered into the frustration phase. Hope all people here get their approval soon.
I was in the backlog for one year and then after repeated request justifying my and my families situation back home i got interviewed in july 2014, the received recommended approval. I was just feeling like second day of by birth thinking that i will be reunified with my family. But still for the 6 months an othe backlog. I have tried to ask the asylum office repeatedly but no solution. So i am just got totally frustrated, can you tell me how i could explain my challenges so that they will feel it? I am just feeling like are they really reading my statements,checking the evidences i attached. I am not from black listed countries. Thanks.
hi Jason,
I want just to let you know I did my interview on October 10 ,2013 since to day my case is pending, my question is this my wife she want to apply for religious visa it possible to apply wheel we are waiting decision? I put her as my depend to Asylum case.
If she is here (in the US) and in-status, she can apply, but she might be denied because of the asylum application (an R visa is for people who want to remain here temporarily, but the asylum application indicates that she wants to stay permanently). If she is outside the US, she could be denied the visa for the same reason. It is best to consult a lawyer about the specific situation. Good luck, Jason
Hi Jason I made my interview from March 2013 and iam still pending till now my question here what is the solution for this situation?
Probably the problem is the security background check. There is not much you can do. Contact the asylum office to ask about the status; maybe contact your Congressperson to ask them to check for you. For the most part, we have not been able to get decisions faster in these ways, but it may be worth a try anyway, as it shouldn’t hurt. Sadly, though, you will probably just have to wait.
hello , i have applied for asylum on October 2013 , and i made the asylum interview on march 2014 , and i have got a recommended approval , but until now i did not receive the final decision , what can i do ?and is there a time frame for a background check up ?thank you
Sadly, I think you must wait. We have tried several things (including today when I informed them of one client whose wife died while he is waiting for his decision, and leaving his children alone in Afghanistan), but we have had little luck. Maybe contact your congressman. If there are special circumstances, like my client had, let the asylum office know, and maybe it will help. Good luck, Jason
Hi
I am same like you PY my interview was in January 2014 and my case under review in headquarter W,D.C wish if M.Jason respond to your question to understand our chance to positive decision
thanks and good luck for all
I was interviewed on December and I need a way to follow up on my case please advice.
hi
I interviewed oct 8 2013 , till today nothing ,my case with headquarter for review, no one can geve answer JUST WAITING
Sadly, this is a common situation and I do not know of any good solution. We have been receiving some decisions on old cases in the last week, so maybe there will be some progress for you too. Good luck, Jason
thanks Jason
good news ,hope my case one of them, after this long time of waiting from ur experience what is approval percentage?
Thanks for yours big advices and support .I was interviewed 9 months ago , till no now any response . Although my wife as a separated case got approval . What that mean ?
If your wife is approved, maybe she can file a form I-730 for you and you can get your asylum based on her. The I-730 is free, so maybe it is worth a try. If you are not sure, you might want to talk to a lawyer about it.
Hi Jason,
We did our interview in Nov 2013 and we received a two years work permit A5 category, I tried to find out what is A5 category, I found it means that I already considered Asylee. Please correct me if I’m wrong.
I tried to get in contact with asylum office and they mention it’s pending due to security background check.
And in the meantime if I considered an asylee so can may I apply on green card.
And my last question may we apply on travel approval document to travel out of USA and renter without any restrictions.
Thanks a lot
Viva
I would contact the asylum office where the case is (or was) pending to ask them the status of your case. If it has been approved, ask for a copy of the approval letter. If the asylum office can’t help, you should probably hire a lawyer to help you – I would not rely on the category listed on the work permit. You need to know for sure what your status is.
Hi
I have been interviewed as an asylum on August 2014. My case is pending and I have not received the RECOMENDED approval . Just nothing ! Would you please let me know how long will the background check takes ?Could my case get denied after being pending and getting background checked ? Are the lawyers abale to expedite this proses ?
Thanks
We have not had luck expediting the background check. The check is not done by the asylum office – it is done by the FBI and other agencies (I think). It is pretty common for cases to be delayed for many months without a recommended approval. If you are concerned, you can contact the asylum office to ask the status of the case. At least then you will know if it is still pending.
Jason, you are so helpful.
I read your blogs and re-read them almost every day.
I filed fpr asylum in April , it all happened so fast until I did the interview , after the interview in May, I was told my decision will be mailed, (my asylum officer asked me if I was in a legal status before telling me she was going to mail my decision). My B2 legal status expired, and I have not heard any thing up to now. I applied for the EAD about a month back, I have not receiceved even a receipt. I have a family, I don’t work, I move from place to place for tempolary accommodation, good people help me with food and accommodation for small times.
My question is, what could really be the reason for the delay in my case? (About 20days after the interview I went at the asylum office and ask about my status, and was told no decision and they don’t know when it will be made), was it wrong for me to do this?
Has the on going rumored practice on the immigration reform affected my case?
And finally , how does the Immigration reform bill affect me as a pending asylum applicant? How does it help me?
If you filed for your EAD a month ago, you should have a receipt, but it is taking 2 to 4 months to receive the EAD. I don’t know why the case is delayed, but many cases are, and this is common. I do not think it is cause for concern about the result (though obviously it is a hardship for you). Also, visiting the asylum office will not affect your case’s outcome. As for the reform, I doubt it will make a difference to asylum cases, but until they publish all the details of the change, we won’t know.
Thanks Jason.
I actually called to inquire about my EAD.
I was told the receipt was sent but post office could not deliver it. But they have me the receipt number.
When I punched it in case status this is what I got
“Notice Was Returned To USCIS Because The Post Office Could Not Deliver It
On November 4, 2014, the Post Office returned a notice we sent you for your Form I-765, Application for Employment Authorization , Receipt Number x because they could not deliver it. This could have a serious effect on your case. Please go to http://www.uscis.gov/e-request to request a copy of the notice immediately.”
I sent a request online as instructed.
But do you think this has caused a delay in the process?
“
Hello Jason.
I, as an Asylum Petitioner, am a follower of your site, i thank you for your continued effort to shed some light at us, who stand in the hard place of uncertainty. I also listened to your podcast in coast-to-coast and you sound like you have a lot of good humor, that’s good, if you were in my state i would have surely gone with you with my case.
I have a question:
I am applying for Asylum myself, i mean ive handled all the paperwork myself, the I-589, the I-765 and so on. Firstly because i cannot afford a lawyer (sill waiting for my EAD after 10 months of my application, seems like USCIS has a backlog now too, and struggling to pay my bills), and second because i live in the very much wrong idea that when it comes to humanitarian reasons, and knowing that you qualify, telling the truth will be sufficient, but to be honest, it’s more of the first reason.
Question is, can i amend/update my I-589? As time has passed and my english has improved, while my initial claim is coherent, is a little cluttered and disorganized, i took the time to make it a little cleaner, and also, some events have happened regarding my personal case, and some worsened conditions in my country, is it possible to write to the asylum office telling that i am keeping the same statements but explaining it in a cleaner way, while adding/updating events and evidence?
Thank you.
It should not be a problem. We make updates all the time. Normally, we do it at the interview or shortly before (depending on the type of update). Probably best to do it before the interview, but given the backlogs, you might want to save all your changes and submit them at the same time prior to the interview. Good luck, Jason
Jason;
I am glad that you bring up this topic. I have clients that have come from the same country, but for some reason, some clients get trapped in the background check system, while others sail right through.
I see the same thing. It is a bit of a mystery, but very frustrating for the clients (and their lawyers).
I was interviewed for asylum on april/14 my case still pending
Under background check
But i didn’t get recommended approval
Is that mean i have rejected case !?
It really doesn’t mean anything. I do not know why some case receive recommended approval and others do not, but the fact that you have not received it cannot be used to predict the final outcome of the case.
Thank you jason