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.
Hi Jason, we submitted our asylum application as a family and got the acknowledgment of receipt and thereafter fingerprint notification for my husband and our 2 children but mine as the spouse was not sent along with theirs. The 14day notification is ending in a few days and am at a loss as to what to do. The receipt number is not even going on the case status check, I called the national office and was told to write a letter??? how long that will take for me to receive their response I do not know. I have also done an email to the Chicago asylum office but no response yet. What do you suggest I do? Should my husband and children go ahead with their fingerprint or wait till I receive my own notification. Thank you.
Whoever has a fingerprint notice should go for fingerprints. I doubt it will work, but you might want to go to the fingerprint appointment with your family and tell them that you never got the notice. Maybe there is something they can do (but I doubt it, as the fingerprint places do not seem to have much capacity to deal with such issues, but maybe they can at least point you in the right direction). I think your best bet is to contact the local office. It sounds like you did, but did not get a response. You might want to try again, or if possible, go in person to ask. If nothing else works, you can contact the USCIS Ombudsman’s office (a link is at right) and explain the problem. They may be able to help, but it will take a few months. Good luck, Jason
Hi Jason,
First of all i want to admire and thank you the job you doing. Answering people question and try to help them is indeed a priceless thing you doing.
My asylum case is pending from almost 5 year. I had my received my recommended for approval letter in sept 2015 almost 10 month ago. During last 10 month i had few email communication with AO. My first email was my case is pending due to background check, same for second , my third email was your case is under final supervisory reach us after 3 month if you don’t hear anything. Last week i emailed after 3 month and now the response was your case is under final review with asylum officer. Please help me understand after my background check what taking them so long ? what are the other possible matter/step that taking them so long to take final decision?
Thank you again!
I do not know what causes this – there are many reasons for delay. Most commonly, it seems to be the background check. But other reasons include sending a case to headquarters. Also, sometimes, an asylum officer retires or leaves, and the case needs new review. Other times, they find new information and need to review that. You might try contacting the USCIS Ombudsman (a link is at right). They take several months, but they might give you a more precise idea about what is going on. Take care, Jason
Hi Jason,
Greetings!
As per Asylum Approval, we should get our EAD valid for 2 years within 14 business days of the issuance of asylum approval.It is now one month+ still we didn’t get the EAD.
We went to the Arlington USCIS office they gave us the address of USCIS/Baltimore Dist Office. my father call the USCIS Baltimore offcie but they need the EAC number and without that they are unable to help.
Please note we had our interview on 05/2014
Second fingerprint and biometric had on 02/2016
Got the approval (Grant of asylum) on Mid June /2016
Do we need to apply for EAD under the category of A-05 as our earlier EAD category C-08 still valid and that is 11/30/2016?
Thank your very much for all of support toward us.
Kind Regards,
CM
I would double check again at Arlington Asylum Office. Normally, if asylum is granted, they mail you a new EAD. Maybe the asylum office did not process the case like they were supposed to. If you decide to apply, you would apply as a person whose case has been granted, since that is what you are. But I think you should check again with Arlington, tell them what happened in Baltimore, and see what they say. Good luck, Jason
Hi jason
I had an interview before 5 month and still now i am waiting decesion. But after 4 month from the date of interview i received a letter from the immigration enforcement it says “for operational reasons your reporting has now been suspended. This means that you are no longer required to go to the reporting center until we tell you that we want see you” can you tell me the implication of this letter please?
Thank you.
It sounds like you do not need to report to ICE. However, if you are not sure, you should report anyway and show them the letter. They will confirm whether you are done reporting. It is better to be safe than sorry. Take care, Jason
Hi Jason,
Your comment about intolerable separation from the family is spot on. I had my interview in December 2015 and had visited the AO several times since, only to be told that my case is still pending. I have reached the point where I am no longer in a position to continue waiting for who knows how much long as my family is falling apart and the situation requires my physical presence. When I visited the AO last month and asked about the process of withdrawing my application, to my surprise a Supervisor strongly advised me against doing that as according to him my claim was at the final stages of processing. He suggested that I return in a couple of weeks to see if the decision was made by then. I did return three weeks later only to be told by another Supervisor that the decision is still months away, as they simply do not have enough staff to adjudicate claims, and I’d also need another bio-metrics done as my first one has expired. I asked again how I can withdraw my claim and was told that I would need to submit a written request, either in person or thru the mail, including mailing a request from my country when I return. I was hoping that by withdrawing my application in person I could also receive voluntary departure, but according to the Supervisor they don’t handle those in the AO, as typically you can get one from an IJ. However, it would still take “several months” for the AO to even review and process my withdrawal request, and then once they close my case and refer me to the court it’d also take several months to get my first hearing scheduled to request voluntary departure, which seems unreasonable waiting time. Can you tell me if one way of withdrawing the claim is better than the other? I am trying to do this as close by the book as possible, so that I don’t jeopardize my chances of coming back in the future (i.e., winning a green card through the DV lottery). Also, according to the ICE Form I-210 voluntary departure can be granted by DHS. Should I even try to visit my local USCIS office to request one, in conjunction with withdrawing my asylum application? Any help would be appreciated.
Thanks Jason!
I do not know of an easy way to do this. The Asylum Officer Training Manual (which you can Google) covers this scenario, and it seems possible that you can avoid a removal order by provided the asylum office with evidence that you have left the country. One option is to provide such evidence after you leave, and also hire an attorney. The attorney will (hopefully) receive any notice from the asylum office, and will receive a notice if your case is sent to court. The attorney can then go to court and try to get voluntary departure after the fact, but explaining the situation. This might work, depending on the judge, but obviously, it won’t be cheap since you need to use a lawyer. Another option is to change your address to that of a friend, so he can inform you about any notice from the asylum office or court, and you can respond accordingly (maybe by hiring a lawyer at that time if necessary). Unfortunately, many people seem to be abandoning their cases – and I do not blame them, but there is no good mechanism to do so without risking a deport order. Take care, Jason
Thank you Jason. I am considering hiring an attorney to handle the voluntary departure after the fact. My current address is c/o my friend that I’m staying with, so I plan to keep it that way. What do you think of a visit to the local USCIS office, is it worth a try, or do I risk being detained on the spot when requesting voluntary departure? If only an IJ can grant it then maybe I don’t even need to bother to visit the local office? This is kind of a grey area for me, so any clarification would be appreciated.
Michael
If you have an asylum case pending, I think you do not risk anything by going to USCIS to ask about this. You can also go to the Asylum Office to ask them. Even if you have a lawyer, the Judge will not necessarily give voluntary departure after the fact, but you can try. You may want to sit down with a lawyer to more carefully go over your options. Take care, Jason
Jason,
Thanks for getting back to me. What do you know? I’ve just received a referral notice thru the mail today. Apparently, they’ve expedited the processing of my case based on my last couple of visits advising them I plan to withdraw my case, and referred me to an IJ. The letter states the hearing date is “to be determined”; however, I already have a plane ticket leaving exactly a month from now, so there’s a high chance they won’t schedule my hearing prior to that. Somewhere I read someone (possibly you?) stating one can go to a U.S. embassy upon return to submit a sworn affidavit verifying they are no longer in the U.S. In your opinion, is this something feasible or advisable? Please let me know.
Thank you.
I would contact the DHS Office of the Chief Counsel (a link is at right) by phone, ask to talk to the “duty attorney,” and explain that you have a plane ticket and want to leave with “voluntary departure.” You will need your alien number when you call. Maybe they can help you. Normally, you would use a lawyer for this, but you can try on your own, and if the DHS attorney is cooperative, it might actually get done. There are cases where you need to prove that you left the US, and for those, you contact the US embassy and there is a form you can use to verify that you have left the US. If you plan to use that to get voluntary departure after you have left the US, you will need a lawyer to show up in court for you. Good luck, Jason
Our asylum application was received on June 13, 2012 and we will be interviewed on Dec. 17, 2012, second interview made on May 27, 2015 and until today, our asylum application remains pending!
Please take and luck at the latest correspondence made with USCIS after various inquiring:
Your cases have been put on hold because you appear to be inadmissible pursuant to the terrorist-related inadmissibility provisions under section 212(a)(3)(B) of the Immigration and Nationality Act (INA).
The terrorist-related inadmissibility grounds (TRIG) in the INA are broad in scope and do not distinguish between armed groups and the purpose of their activities, other than to exclude criminal acts made purely for monetary gain. These grounds therefore encompass activities not commonly considered to be “terrorism” and also contain no exception for “freedom fighters,” such as a resistance group that is fighting a dictatorial regime. An individual whose past activities fall under the broad TRIG definition is ineligible for many immigration benefits, including asylum in the United States and adjustment of status to lawful permanent residence. USCIS accordingly has many cases on hold that involve persons who do not pose a risk to the security of the United States but whose applications for immigration benefits cannot be approved due to the TRIG provisions of the INA. If adjudicated now, all of these cases would have to be denied for lack of eligibility for the requested immigration benefit due to the TRIG bars.
The statute, however, does grant the Secretaries of State and Homeland Security, in consultation with each other and the Attorney General, the discretionary authority to exempt most of the terrorist-related inadmissibility grounds. Representatives of the Secretaries and the Attorney General meet regularly in an effort to identify and pursue appropriate uses of this discretionary authority to address cases affected by the broad terrorist-related provisions of the INA. This interagency process has resulted in several approved exemptions to date, such as exempting certain activity in support of a terrorist organization if that activity took place under duress. Work continues on many more exemptions. When new exemptions are approved, USCIS releases eligible cases from hold and adjudicates them.
Applications that are not yet eligible for an exemption are placed on hold in the expectation that an exemption will become available in the future. The fact that your case is on hold means an exemption is not yet available, but may become available in the future.
The Department of Homeland Security (DHS) remains committed to protecting the security of the United States while providing deserving and eligible applicants subject to the TRIG bars who pose no threat to the security of the United States the opportunity to seek and obtain immigration benefits through the use of the exemption authority in the INA. USCIS cannot predict when an exemption for your case may become available, but we are doing everything we can to assist our DHS and other partners in seeking to approve new exemptions through the interagency process.
We hope the information provided is helpful. If we can be of assistance in the future, please let us know.
Sincerely,
Kristi Cottrell
Lead Supervisory CIS Assistant
Los Angeles Asylum Office
Can you explain the profound meaning of this USCIS´s note, what is the destiny of the rest of my family including my wife!
Thank you.
I did a posting about the terrorism related inadmissibility grounds (called TRIG) on June 24, 2016; maybe that would be helpful to you. Unfortunately, the TRIG are very broad and affect many people, and there is very little you can do to make the case faster – but check my posting, maybe it will give you a better idea about this. Good luck, Jason
Please advise… I was interviewed in August 2015 and in Sept I received Recommended approval. I have been waiting on final decision since then. On June 8th, I received email saying that ” final decision on my case was made and will be mailed out soon and to check with the office if not received within 30 days” . End of June I went to the office and they assured me that a final decision was made but I needed to renew my fingerprints, and once renewed I should receive the decision within a week, if not, I can come by the office and they would give me the decision then. So I renewed my fingerprints and went back after a week to the asylum office, this time they told me that decision is still pending!!! I am confused. How come they tell me final decision has been made a month ago and now they tell me its still pending. Should I be worried?
Unfortunately, such mistakes are not all that uncommon. You can keep inquiring with the asylum office about your case. You can also inquire to the USCIS Ombudsman – a link is at the right. Hopefully, you will get the final decision soon. Good luck, Jason
Hi Mr Jason,
I am waiting for my asylum decision since june 2014 , its more than 2 years , my questions is : is there any time frame for waiting decisions
Not really. You can contact the asylum office directly (you can find contact info if you follow the link at right called Asylum Office Locator) and/or inquire with the USCIS Ombudsman (a link is also at right). I have found that such inquiries are pretty useless, but there is no harm in trying. Take care, Jason
I have a daunting situation. I applied for asylum in 2012, had first interview in February 2014, and a second interview in November 2015. Never got a decision notice. In April 2016, I applied to renew my work authorization on the basis of pending asylum case. DHS denied the renewal, and sent a letter to me explaining that the renewal application was denied because from a research of their systems, my case was approved, granted and closed on the same day I went for my second interview in November 2015 – so, there is no pending case and I can only apply for employment authorization renewal under the asylee category (not pending case status). However, I have never received a notice of approval and any associated documents such as I-94. We contacted the asylum office and received an email stating it appears that my case was granted in December 2015, and the office wondered if we had not received any notification documents. We responded in the affirmative, and have still never received any decision notice. I need the documents to be certain I can safely remain in the US, and to apply for my employment authorization renewal as an asylee. Any help on what I can do with this situation – please!
I do not know how you contacted the asylum office – whether you emailed them, called, or went in-person, but I would go to the asylum office in-person to ask about this. If you cannot do that, email them. Also, some attorneys are members of AILA. If your lawyer is an AILA member, he can ask the AILA liaison for help. Finally, you can file a Freedom of Information Act Request (form G-639, available at http://www.uscis.gov) to get a copy of your file, including any approval notice that may be in the file. There is no harm in trying everything at the same time (the form G-639 is free). Hopefully, one of these ideas will work and you can get proof of your status. Take care, Jason
When i can see my status on myuscis website?
You cannot check the status of an asylum case on-line. Take care, Jason
Hi Jason, thanks for your blog and response to these helpless and poor people as I. Our family came here from China in June,2014 and my wife applied asylum at San Francisco Office. In Jan, 2015, we got an interview and waited for the decision till now. We stepped into asylum office and wrote mail and email several times. Unfortunately, the mail and emails are total no response, and the staff in office just told us the case was pending and didn’t tell more information than this. We were born in China and the U.S is the only foreign country we ever went. My questions are:
1) I don’t think that our background is a problem for delay. In the interview, the immigration officer asked us to provide some proof in 7 days. And we provide the proof in time, after about one month, the original proof is mailed back, but no other papers. Do you think what reason caused this delay?
2) We are planning to move to New York City. If we change our address from California to New York, our case will be transferred to New York or stay in California.( We have been interviewed by SF, but we know in some cases the additional interview may be asked after a long time waiting. If this happens, we should go back to SF or just come to New York for the additional interview).
3) We make an appointment via infopass online appointment tools. But I found it is not asylum office but USCIS field office, may I query my asylum case at a USCIS filed office?
Thank you very much.
God bless you, Jason.
David
1 – I doubt this is causing the delay; 2 – The case should not be transferred at this point, since the interview is already done. However, if the Asylum Office needs to re-interview you (maybe they forgot to ask something, or the asylum officer left and they need to re-do the case), that could be an issue. If possible, I would try to keep a CA address until you get the decision, but if you move and have no CA address, you need to inform the asylum office using form AR-11, available at http://www.uscis.gov; 3 – Info Pass does not apply to asylum cases. You can inquire directly to the Asylum Office, as you have tried. You might also contact the USCIS Ombudsman – a link is provided at right. Good luck, Jason
Thanks for your response, Jason.
I can keep my CA address, but physically I will move to New York to make life. My payroll and driver license and bank statements will major occur in New York. Is it a trouble if I keep the CA address to receive the letters from USCIS? I know they ask to change address in 1 or 2 weeks after I move.
Thank you.
If your job, driver’s license, and bank are in NY, I think you will have a hard time explaining to the Asylum Office why your case is in CA. Maybe you can explain that, but if they think you are lying about your address, they might think you are lying about other aspects of your case. I would be careful about this, and maybe talk to a lawyer if you need more specific advice. Take care, Jason
Thanks for your advice, have a great day!
I applied for asylum in SF. Does anybody know can and when I get california ID card? Thanks in advance
I do not know if you can get it earlier, but in most states, once you have the EAD (work permit), you can get a state ID. Take care, Jason
Good Morning Jason,
I have my asylum decision after interview pending for more than two years now . My question is can I send a letter to the Director Rodriguez for help with my case and is this going to effect my decisions?
Tony
I suppose you can, but I do not think it will help. Normally, delay is caused by security background checks or because a case is sent to headquarters. Unfortunately, there is very little to be done to make that faster. Good luck, Jason
Hi Jason,
I came to the United States on my J-1 student exchange visa on 2011, 2012 and 2013. Each year it was about 3-4 months. In 2013 I came and applied for an asylum since the situation in my country got bad and my family was in danger.
In October 2013, I had the inteview and waited for their decision. 6 months passed and nothing.
Unfortunately, I got really sick and without any insurance and good stable work, I wasn’t able to continue living in the States. I had to choose whether I should go back home, be with my family and risk my health or stay in the States without any money and also risk my health. So I decided to go back home without any decision made.
Currently I applied for a cabin crew job and there is a chance that the job will be mine. Every time someone asked me about the States, I don’t tell the real reason why I came back…Political situation got better here in my country. I am just saying that I studied in school ( which is true, I took some courses).
But do you think that it will come up eventually? I have 3 american visas in my passport and thought that it will be better if i get a new passport, so there won’t be new questions.
I am very scared because this job opportunity is amazing and if the company will find out that I messed up with papers, there will be lots of problems.
How can I handle this situation the best?
Unfortunately, this likely will come up if you apply for a new visa. If asylum was denied, you may have a deportation order. If you have your alien number, you can call this phone number: 1-800-898-7180 and type in your Alien number. After the computer confirms it is you, press “3” and you will learn whether you have a deportation order. If you do, you are actually barred for 5 years from getting a US visa. It may tell you that “You A number was not found in the system,” which means that you do not have a deportation order. If so, you may want to get evidence that toy left the US (contact your local US embassy and they should be able to give you such evidence), and then give that to the asylum office. This may avoid you getting s deportation order, and will hopefully make it easier for you to get a new US visa. Take care, Jason
Hi Jason,
I have applied for asylum three years ago and got denied in just four months. I entered the United States on a tourist visa, after the denial, I left the states immediately even before spending more than five months. My question is: can I reapply for a tourist visa and is there any chance to get it granted or I am simply listed on their black list system ? and do you think they would have any idea at the embassy that I have applied for asylum while visiting the states in the past?
I believe the embassy will know you applied for asylum and that this will make it harder to get a tourist visa. I do not think you are “black listed” or banned forever from applying for a visa (unless your asylum application was found to be “frivolous”), so you can try, but the odds are probably against you. Take care, Jason
Hi Jason,
Finally, we got approved after 26 months from the date of interviewed with AO & after 3 months from the date of Second fingerprint.
They Will send us EAD valid for 2 years within 14 business day.
Thank you so much for all helpful information.
Have a pleasant day.
Regards,
CM
Congratulations and good luck in the US, Jason
Hi Jason, my fiance is cited as a dependent on his dad’s asylum petition, he will turn 20 in August and while I know he will not be ruled ineligible because the asylum was filed almost a year before he turned 21, we were also planning to get married in August during my next visit and I was wondering if a) getting married would jeopardize his asylum process given that you must be unmarried to be elegible and b) if the fact that I am a Spanish citizen will also affect the process in any way, even though I still reside in Venezuela, the country he fears persecution from and c) if my current residence will affect the process, what with his family being persecuted here and whatnot
Edit: I meant turn 21, not 20
I do not understand your question – A fiancé cannot be included in an asylum application; only a spouse. Also, I believe a married child cannot be included in an asylum application, though that you would need to double check. Take care, Jason
Dear Jason,
Thank you so much for being a beacon of light in what would otherwise be a pretty grey and dark journey. Would really appreciate thoughts on this.
We were on the verge of filing an i130+i485 (based on marriage), before being suddenly notified of an asylum interview in 2 weeks:
1. Is it possible to concurrently file for i130+i485 before/after the interview?
2. How will this look like in the eyes of the AOS adjudicator; will they delay it since there might be an asylum decision soon (asylum office say regularly 2weeks) & they may lose jurisdiction to the court?
3. (We’d planned on honeymoon & work abroad in 6-9months) It seems like since my asylum case will be reviewed during AOS & for pursuing two concurrent tracks, it will be delayed; how much longer than typical 3-6months?
4. The asylum office said we can either withdraw asylum or reschedule only, but from what I read, the best thing to do is put it “on hold”? How can we do that? After all this, what might you advise?
THANK YOU so much for your critical & enlightening thoughts!
Sending much love & gratitude~
1 – Assuming you are eligible, you can file to adjust status at the same time as the asylum case is pending; 2 – They might delay it, but I would doubt that; 3 – You cannot predict how long a decision will take after the interview. Sometimes it takes 2 weeks, but some decisions take many months or even years; 4 – If you tell them that you are filing to adjust status (and maybe give them a copy of the packet), you can ask them to put the case on hold until you have a decision. If you get the green card, you can then close your asylum case (after you give them a copy of the green card). To do this, you should mail the request and copy of the application to the local asylum office or bring it there in person (for contact info and office hours, check the link at right called Asylum Office Locator). Depending on your asylum office, they may or may not be flexible about these things, but you can try. Also, if you have a green card and plan to leave the US for more than 6 months, you should probably have a re-entry permit (form I-131), and if you plan to leave with asylum, you need a refugee travel document (also form I-131). Given your plans, I suggest you talk to a lawyer about the specifics of the case, just to be sure you can do what you are hoping to do without causing yourself any problems. Take care, Jason
Thanks Jason!! 🙂
– If I submit the AOS & attend asylum interview, worst case scenario: one month from now, I’m denied asylum. Will the received i485 now be denied/transferred to the court?
– Would you recommend going to the asylum interview at all?
Our warmest regards 🙂
If you have an interviewed scheduled, you should go – even if it is only to tell them that you are pursing the I-485. If asylum is denied and the case goes to court, it may affect the I-485 because USCIS (the office the has your I-485) will no longer have jurisdiction over the case. You would have to terminate the court case so that USCIS could “adjust status” for you and give you the green card. I do think there is some risk that you would lose the I-485 (and the fee you paid) if the case went to court. I would recommend you have a lawyer to guide you through this process. Take care, Jason
Hello Jason, thank you for taking the time to answer all the inquiries from the asylum applicants. This is very refreshing for distressed asylum seekers.
I applied for asylum in 2013 and my case was pending until May of 2016. When i was interviewed on May, the interview took 4 hours which I think was very unusual. Since then I have not heard anything from the USCIS.
Do you know if the length of interview causes delays with the final decision? Also, I have a valid work permit but needs renewal. Is there anyway that i could renew it and wave the $300 renewal fee?
Thank a lot!
For the EAD, you can renew it and file a fee waiver (form I-912, available at http://www.uscis.gov). Delay after the interview is common, and can be long. In my experience, it is longer for people from Muslim countries, but it can be long for anyone. We have people waiting for 1, 2 or more years since the interview for a decision. Hopefully, you will get a good decision soon. Good luck, Jason
Hello Jason,
Appreciate your help and wonderful blog.
I applied for political asylum more than 2 years ago at Arlington office. I knew that the delay was mainly due to security and background check. Last week I’very sent an inquiry by email and they said that the records show that my case is pending a final decision. I was about to initiate a mandamus against USCIS just before that email.
My question for you is: how long do think (roughly) I should wait for that decision? Do you think that this is good news for that I am no longer under security check ? Are there any further steps after the security check ?
Thanks,
I am not sure their message has any meaning. It sounds like a standard response to me. If you want to wait longer, that is fine, as these decisions are coming very slowly. While you are waiting, you can submit an inquire to the USCIS Ombudsman (a link is at the right), and maybe they will give you more information. However, if you want to file a mandamus, you can do that too – if you do, please let us know whether it helps. Take care, Jason
I applied asylum since Aug 2014,Now I have work permit
Just waiting notice for interview
I have a question, When I filled the asylum form there was space I wrote June instead of August,
How can I explain to the Asylum Officer?
If you made a mistake on the form, you can correct it at your interview. It happens all the time. Take care, Jason
Hi! I applied jan 2015 for political asylum in nyc,and my lawyer advised me to stay in the same state,so USCIS won’t have questions,in other words i won’t give them “excuse” to deny my case. i didn’t receive date of interview yet,but got job in maryland. probably i’ll have an interview in the end of this year. So should i change asylum office or it’d be better to commute to nyc for interview?
And another question will the fact working as engineer affect positively to my case?And is bringing reference letters from my employers and landlords for an interview good idea?
I do not think moving from one state to another affects whether you case will be granted or denied. I do think that if your address is NY and you are working in MD, it will look suspicious. And if the asylum officer thinks you are lying about your address, she may think you are lying about other parts of your case. If you can legitimately say that you are keeping your NY address and that you are only in MD for work, maybe you will be fine, but you need to think about how to approach this, as you do not want them to think you are lying about your address. Take care, Jason
Hello Jason,
When I apply for Work Pemit, after 150 days has passed since my Asylum case was Processed at Asylum Office, they will normally issue the EAD or they can refuse to Give me EAD while my Asylum case is Pending? Once I have the EAD, I have to Apply in Person for SSN or I can Apply for SSN online?
– What’s the Validity of EAD?
– The SSN I will get while my Asylum case is Pending is a unrestricted SSN or is a Restricted SSN?
– With EAD and SSN, Can I get Pennsylvania State ID?
After you filed for asylum, you have to wait 150 days and then you can file the form I-765 to get your EAD. It takes another few months to get the EAD (usually about 4 more months). Once you have the EAD, you can get the Social Security Number. Most of my client apply for that in-person. Probably, you would also qualify for a state ID, but I suppose you need to talk to the state about that. Take care, Jason
Hello
I got my granted asylum today, and thank you for you help.
Great news – Congratulations! Jason
Thank you
Hello Bish
If my ask you how long have you been waiting your asylum decision?
thank you
I flew to SF from Seattle in March for an interview and was told that I would get my results in two weeks, so far, nothing! How long will you wait befor you try to check on your case if there is a way to do that? Sounds like many are waiting and for a long time!!
Unfortunately, the officers often tell people that a decision will be made in two weeks, and then that time-frame is canceled. We have seen people wait weeks or many months – it is not really predictable. Given that the officer said two weeks, I think there is no harm in making an inquiry now – you can go in person or email them. Contact info for the asylum office can be found if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello
i’m waiting for asylum decision more then 20 months.
when I did interview i was in valid status F1 vise in school,
so do think that made a delayed of decision? my interview was good and all approves were there, officer was nice and nothing went wrong.
There is no way to know why a decision is delayed. Most of my clients’ decisions are slow, and we have many people who have been waiting for over 20 months. It is a very bad situation. However, I do not think your F-1 visa would cause your case to be delayed. Most cases are delayed due to security background checks, but there are many other reasons as well. Hopefully, you will get a good decision soon. Take care, Jason
Hello.
If i they reject my asylum after two years then what are next possibilities for me.
2nd can i start study during asylum case.
Thanks
Ali
You have to talk to the school. Most school will let you study if you have a work permit, but you will pay out-of-state tuition, but it depends on the school. If you are a high school student, you can study even without a work permit. If your case is rejected, you will go to an Immigration Judge where you can present your case and hopefully be granted. Take care, Jason
I applied for asylum in SF a week ago. How long do i have to wait for a receipt?
I do not know, as we do not do so many cases on the West Coast, but here, my clients normally wait between 2 and 4 weeks for a receipt. It may be a bit longer for people on the West Coast, though. Take care, Jason
I got receipt today 🙂 so i was waiting 2 weeks for respond 🙂
Hello
interview schedule bulletin hasn’t updated since over two months, what month your local asylum Office is interviewing, currently ?
My local office – Arlington – is still interviewing cases from October 2013 (as far as I can tell, but they have not interviewed any of my clients in a while). Take care, Json
I was interviewed 3 times in a 5 weeks duration in 2012. Since then, I have not received my decision. Not sure what my options or what should I do?
The first thing I would do is contact or go to the asylum office to ask the status of your case. You can find contact info and office hours if you follow the link at right called Asylum Office Locator. You might also consider a mandamus lawsuit, but talk to a lawyer before you do that. Good luck, Jason
Hello
If someone comes by Visa thats mean, They already knew his background so why it takes too long on asylum Decision, iy been 19 months since the interview?
Unfortunately, this is a common problem. Hopefully you will get a good decision soon. Take care, Jason
Hello
If someone comes by Visa thats mean, They already knew his background so why it takes too long?
The background check for asylum is much more comprehensive. That is how it is. It happens that I agree with you – if the person is here, and they were already cleared, it does not make much sense that need to do very time-consuming additional background checks. But that is how the system works (or doesn’t work). Take care, Jason
I came here since 2011, from tijuana Mexico I went to the border in San Diego California and ask for asylum they interviewed me and gave me the I-94 and let me go. The officer told me that they gonna send me a letter to the new york address that I gave, with a date and time to present myself to court for my hearing. Since then, nothing ,I never received any letter , when I checked my A- number to see if there any update… nothing everywhere I go they can’t help me.i just renewed my I-94 Can I apply for a work permit? What can I do?
You may want to contact the DHS Office of the Chief Counsel for San Diego (a link is at right). Maybe they can help you. If not, you might want to file an affirmative asylum application, as if you were any other asylum seeker (using form I-589, available at http://www.uscis.gov). I suppose you can try filing for the work permit, since it is free and there is nothing to lose. However, unless you filed a form I-589 already, I do not see how you would qualify. Take care, Jason
Do asylum seekers have healt insurance?
They do not get health insurance from the government, at least as far as I know. Take care, Jason
Hello Jason
I came here on a visiting visa and after certain circumstances, I applied for asylum. I have two questions.
First, I applied for an advance parole but was denied because they said they dont give advance paroles to asylum seekers who were came to the US as visitors?! Is that a valid reason to deny someone an AP?
Second, will abandoning my asylum case to live in a third country where I will be safe, affect if my permanent resident mom petitions for me as I am her unmarried child over 21? In other words, does abandoning your asylum case make you on the black list. Making visiting the US, or getting citizenship a different way, harder?
Thank you so much, your heaven made!
As for AP, they are wrong. There are big problems with the people who process AP; I had though that things were improving, but your story shows that there are still problems. You can try again, but you may need to get a lawyer to help you. If you abandoned the case, you are not black listed – your mother can petition for you, but of course that is a very slow process. Good luck, Jason
Do i have to attach a photo with I-589? Can my residence address be in Nevada and application applied in SF, California ( since i live near CA border, but on Nevada side )? Thanks
You have to apply to the office that has jurisdiction over your place of residence. You can find this by entering your zip code in the website Asylum Office Locator – a link is at the right. The I-589 requires a passport-size photo. Take care, Jason
As my Asylum Application still pending since 2012, can I apply for A Travel document for an emergency and travel outside USA but not trough to my home country and can you tell me if I´ll be able to entry (come back) in USA.
Thanks
You can apply for humanitarian parole using form I-131 (available at http://www.Isis.gov). You need to give a humanitarian reason for the travel, like a sick family member. Also, you should provide some evidence, like a letter from the doctor. It takes at least 3 months to get the travel document, and USCIS sometimes denies these cases for incorrect reasons, but hopefully you can get it. If you do, it should allow you to leave and return. However, if you have other problems (criminal or immigration problems), you might have trouble returning. Talk to a lawyer before you go if you want to be safe. Take care, Jason
Hello,
I did the interview in Nov 2013 (two years and 6 months ago), I was advised to claim the delay of the decision somewhere(Mandamus)! do you encourage me to do so? is there any thing else I can do now to get information about my case?
thank you
You can do a mandamus, but before you do that, do a case inquiry with the USCIS Ombudsman (there is a link at right to the Ombudsman) and also inquire with the asylum office. Keep printed copies of all your inquiries and any responses. If the inquiries do not help (and they rarely do), then you can do the mandamus. Take care, Jason
Part A II. Information about your spouse and children, since i dont have any should I write NONE on every line?
You can. We just check the box “no” and leave it at that. Take care, Jason
I have maybe a basic question, since i didnt see anywhere procedure of whole asylum thing. How many days attorney/lawyer need to fill documents, how the whole procedure goes? I am starting filling applications and i dont know where to begin.
Start with the form I-589, available at http://www.uscis.gov. How long it takes an attorney to complete an application depends on the attorney and the applicant. We typically get a case in the mail within one month, but if we need to, we can do it in a day or two. Other times, it takes a few months. It depends on the case and how responsive our client is. Take care, Jason
can i apply for an asylum in one city and go to work in another?
Also last 2 years i was in usa as j1 student during the summer, but never before i didnt decide to apply for asylum. Can that be a problem, since i didnt apply for asylum 1st time i came to the usa?
If you came here and then returned to your country and them returned here to ask for asylum, you will need to explain why you did not seek asylum here the first time. We have had many cases like this, and as long as you can explain why you returned home, you should be alright. Take care, Jason
Maybe – but if you have moved your permanent address and do not inform the Asylum Office, they may ask why you “lied” about your address. And they may think that if you lied about your address, you are lying about other parts of your case. It is best to give them the address where you live and work, but this can be tricky if you do not really have a permanent address. If you are not sure, you might want to talk to a lawyer about the specific situation of your case. Take care, Jason
Thank you very much. After i-589 is i-765 form which is after 150 days ( if i do the process without attorney)?
I am not sure I understand your question, but first you file the asylum form, I-589, and after 150 days, you can apply for a work permit, using form I-765. Take care, Jason
I have interviewed in 2014 and I haven’t receive any decision from the Home Offine.However I called them a lot of time, the only answer I got is
We can’t give you exact day and time when your decision will be made.
In this kind of case can I judged against the Home office for this delay case.
And could you please inform me when this step can be taken.
Kind regarded
If you are talking about the Home Office in Great Britain, I have no idea. I only write about asylum in the US. Take care, Jason
I filed my case in October 2013, got interviewed in December 2015.From my perspective the interview went well and officer said i would receive a response in the mail in 6 weeks, I am still waiting.
I wrote to the asylum office where I got interviewed but didn’t get a response.
In the meantime my EAC expires in May 2015, I applied at the end of February for a new one so that I can protect my job.
At this point is there anything I can do to get a response on the decision.
Please advise
Probably there is not a lot you can do that is effective. Unfortunately, the officers often make promises about when the decision will come, and those promises prove to be incorrect. You can contact the asylum office again (you can find their email address if you follow the link at right called Asylum Office Locator). You can also contact the USCIS Ombudsman (link is also at right). Ultimately, you can also file a mandamus lawsuit, but I would try the other avenues first. Good luck, Jason
Hi
My asylum was filed based on urgency of a minor being alone back home in Pakistan. I am a single parent and my husband converted to Islam and gave us a hard time. My interview was taken by Arlington office on DEC 2015 and I have not received decision. Me and my son has threats. Can u tell me what I should do?
You can inquire with them about your case – you can send an email or go in person on any Wednesday morning. For contact info and office hours, check their website, which you can find if you follow the link at right called Asylum Office Locator. Good luck, Jason
Thanks Jason for all this information.
Verry helpfull.
I Have a pending asylum case since June 2012 in California ZLA, Interviewed twice and the last was in May 2015 but still no decision. The specificity of my case is that I’m already a refugee by the Geneva Convention of 1951 and came to the US with B1 visa in the refugee travel document of Switzerland. I contacted Ombudsman, the senator’s office, UNHCR see the US president but without success, knowing that my son is in Ukraine since he was a minor and behold, now 19, but also recognized refugee Ukraine .face the situation of political and economic instability that life Ukraine, I presented this as an emergency to the family reunion but the case is still unanswered. What can I do…
Thanks.
There is not much more to do – you can try a mandamus lawsuit; maybe that would force USCIS to make a decision. Or perhaps you can bring your son here on some other type of visa – a student visa, maybe. Otherwise, unfortunately, we have not found a way to force USCIS to make a decision more quickly. Take care, Jason
My child spent several years in Ukraine, he have not High School Diploma or its equivalent for the student visa, my church is ready to support he but nothing works.
How that works: “A Mandamus Lawsuit” I have to try all options!
Can you tell me just couples steps.
Thanks.
You sue the asylum office and ask the Judge to force them to issue a decision. You would need to look around for a lawyer to help you. Take care, Jason
As my Asylum Application still pending since 2012, can I apply for A Travel document for an emergency and travel outside USA but not trough to my home country and can you tell me if I´ll be able to entry (come back) in USA.
Thanks.
You can leave the US using Advance Parole (form I-131, available at http://www.uscis.gov). You need to give USCIS a “humanitarian” reason for the travel – usually a sick relative with a letter from the doctor. Take care, Jason
From your experiences, which rate is high, approval or denial after long waiting?
I really don’t know – I do not think a long wait indicates a result one way or the other, but I am not sure. Take care, Jason
Does that delay indicate approval or denial of the case ?
I mean if the officer denied the case , would he ask for securoty check ups ?
Maybe im wrong but im thinking that the delay means approval
Please advise
Thanks
In my experience, delay does not mean approval or denial. Your logic makes total sense, but I do not think that is how they operate. Also, there are other reasons for the delay – for example, the officer and the supervisor may not agree on the decision, the officer may have quit before issuing the decision, etc. I just don’t think you can extrapolate results from post-interview delays. Take care, Jason
Hello
From your prospective, I received 3 calls from asylum office and all of them were in different days and years asking for supportive documents. Still pending decision, is that positive or negative ? by the way I’d come by F1 visa.
It is hard to know what that means. At least they are working on the case, and I suppose if there was something very negative, they could have denied the case without asking for more information. In that sense, I guess it is positive. Good luck, Jason
Hello
I have an asylum pending decision, and I sent letter to Asylum Office Director last week.
Do think should would read it, cause priority mail that I sent her name was on it ?
She would read it*
I have no idea if the officer director will read it. Probably someone will, but since so many people are stuck waiting for decisions, I doubt they will be very responsive to your letter. Anyway, maybe it will help. Hopefully. Good luck, Jason
Hi Jason!
I Have a pending asylum case since 2013 in Minnesota and I have never received any interview notice until now but I have renewed my work-permit couple time and I got approved . I’m a little bit concerned because my ZCH… asylum receipt says error only my work permit receipt works .Have you ever had any situation like that in past?
Sorry – I don’t understand the question. You applied for a new EAD and there is an error notice on the USCIS website when you check the status? If so, USCIS should send you a letter with more information, and then you can respond. Take care, Jason
Thanks Jason!
Actually I have a pending asylum case since 2013 with no interview yet and my receipt number does not show any information anymore , it says error(wrong receipt number) . I don’t really know why? I have applied for work-permit couple time and it was approved ,which tells me that they have my information.So my question is , is it okay to have a such long process? Two years and half with no interview? Second, do you think something is wrong with my receipt number and i should contact anybody?
You cannot check the asylum receipt number on-line, that is normal. You can see who your asylum office is interviewing now if you follow the link at right called Asylum Office Scheduling Bulletin. If they have passed your filing date, you should contact them to ask what’s happening – contact info can be found if you follow the link at right called Asylum Office Locator. Take care, Jason
The same case as Jan. I wonder what is going on the 2013 asylum application! i did apply in June 2013 yet nothing: no interview and my ZCH has not been working to check the status of my asylum application. i did asked USCIS Chicago office about my application status in 2014 and get response as my case is pending… since then no nothing.
If the Asylum Office Scheduling Bulletin has passed your filing date, you should inquire again. You should go in person if that is possible (you can see the office hours if you follow the link at right called Asylum Office Locator). You can also contact the USCIS Ombudsman for case assistance and maybe they can help – a link to them is also at the right. Good luck, Jason