Old Asylum Cases Are the New Priority

As of December 2014, there was 73,103 asylum cases pending in Asylum Offices across the United States. That’s up from 65,759 in October, an increase of 7,344 cases in just three months (you can see the latest stats here, including a breakdown for each Asylum Office). So it’s clear that despite their efforts, the Asylum Offices are continuing to fall behind in terms of processing cases. Indeed, in the best month of the last quarter, the Asylum Office completed 2,947 cases. At that rate–and assuming no new applicants file for asylum–it would take over two years to get through the current backlog. This is not good, and the Asylum Offices are now making changes to deal with the situation. 

"Congratulations! It's finally your turn."
“Congratulations! It’s finally your turn.”

I’ve written before about the reasons for these delays. Primarily, it was due to a significant increase of asylum seekers from Central America arriving at our Southern border. As best as I can tell, the number of people coming here from Central America has not abated. Since most of these applicants are detained at government expense and because many of them are minors, their cases are given priority, at the expense of other asylum seekers.

So how were the Asylum Offices dealing with the increased volume, and what has changed?

Until December of last year, the Asylum Offices were attempting to process cases on a “last in, first out” basis.  Meaning, they skipped over the old cases and tried to process new cases. The logic was that if they started with the old cases, processing times would be greatly increased for new cases. If an alien knows her case will take several years, she might decide to file a frivolous case, just for the Employment Authorization document (“EAD”). The slower the case moves–the thinking goes–the greater the incentive for such people to file false cases. The fear of frivolous applicants taking advantage of the system in this way is not unfounded.

In the 1980s and early 1990s, when a person filed for asylum, he received an EAD more quickly. At this time, there were massive delays and cases took many years. The combination of long waiting periods and quick EADs encouraged fraud. I heard one anecdote from an INS officer who remembered a U-Haul truck full of applications arriving for processing. They were all boilerplate cases from China, filed by the same (probably unscrupulous) attorney. Even if the cases were ultimately denied, the applicants would have an EAD and be able to live and work in the U.S. for several years. Of course, many cases during this period were legitimate. In those days, there were very brutal civil wars in several Central American countries. As a result, many people fled to the United States.

In 1995, the law changed so that asylum applicants had to wait 180 days before they were eligible for an EAD (though they could mail the application for the EAD after 150 days). This was intended to reduce fraud. I have my doubts as to whether this change made much of an impact, but as the civil wars to our South ended, refugee flows decreased, and the Asylum Offices slowly reduced wait times.  By the time I went into private practice (in late 2003), asylum cases were interviewed a few months after filing, and most applicants received decisions a few weeks after the interview.

This all changed in early 2013, when large numbers of Central Americans–mostly young people–again began arriving at our border. The migration was not spurred by war, but by generalized violence from gangs and domestic abusers, as well as a failure by Central American governments to protect their citizens. The influx of new people overwhelmed the system and created the situation that we have today.

USCIS (the Asylum Office) has been struggling to keep up. Here is a recent announcement about their efforts:

The USCIS Asylum Division is hiring an additional 175 asylum officers, increasing the number of authorized asylum officer positions to 448. This represents a 65% increase since July 2013. As of January 2015, the Asylum Division has 350 officers on board and continues to hire and train new personnel. During 2014, USCIS also trained and temporarily detailed officers to the Asylum Division to assist with the increasing workload. 

Unfortunately, their efforts have not been enough. As of December 26, 2014, they abandoned the “last in, first out” system. Now, the Asylum Offices will process cases in the following order of priority:

  • First, applications that were scheduled for an interview, but the applicant requested a new interview date;
  • Second, applications filed by children; and
  • Third, all other pending affirmative asylum applications will be scheduled for interviews in the order they were received, with oldest cases scheduled first.

In other words, aside from rescheduled cases and cases involving children, the Asylum Offices will now process old cases first. So what does this mean? 

First, the good news. For those who have been waiting for two years for an interview, hopefully, your time is coming soon (though in my office, we have not yet seen any of our old cases scheduled).

Next, the bad news. If you are a new asylum applicant, you can expect to wait a long time for your interview. How long, we do not know, but I suspect that–even if they hire more officers, as they are trying to do–it will be at least a year. There are some minimal things to do to make a case faster (the “short list” and a request to expedite for emergent reasons), but generally it is very difficult to obtain a faster interview date.

And finally, the possibly bad news. We will see whether long delays encourage people to file more frivolous cases. If so, it will further clog the system.

As for me, of course I am rarely happy about change, and this change is no exception. I am glad that the government will start processing old cases. Those people have been waiting a long time. However, I wish they would give priority to people separated from their spouse and children–whether they filed two years ago or two days ago. It seems to me that single people can endure the wait much better. Like the old system, the new system does little to help people who are missing their family members, and to me, that is the real tragedy of the backlog.  

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652 comments

  1. Hi Dear,

    I would really appreciate it, if you kindly assist me. I have submitted my application via recorded post in Florida but the instructions suggested to send to Texas address,
    Haven’t heared anything and soon my I-94 would expire.

    Will I get any acknowledgement first ?
    Will I get my fingerprints or interview date ?
    Or directly EAD?
    What would be the best course of action?

    Your time and advise would be highly appreciated!!!

    Reply
    • You should receive a receipt within 1 month (more or less) after you file. If not, something is probably wrong. If you sent it to the wrong address, they may or may not return it to you. As for the EAD, you need to apply for that separately. It sounds like you may need to seek advice from a lawyer about what happened to the case you filed. Good luck, Jason

      Reply
  2. Hi. I applied for assylum on january 5th 2015. I did fingerprints . And i applied for EAD on july 5th . Today i received the paper from USCIS which is written they received my document . I want to know how many days does it take to get my EAD card? Thank you

    Reply
    • This Is my 3rd EAD, every time took 90 days or so, you can check your case status through their web site.
      I hope that will help you!

      Reply
      • You should be able to check the status of the EAD at the USCIS.gov website. You can also call their 1-800 number. There have been delays lately with renewing EADs.

        Reply
    • From the time of filing to receipt of the card usually takes from 1 to 3 months.

      Reply
    • l really appreciate you for all the questions and their responses from you.l entered chicago with my two kids in march 27th this year and l was delayed at o’hare airport though my husband came in before me after much delayed l requested for asylum and l did finger print right there l was placed on electronic monitoring devices since then and l was also told that they will call me for credible fear hearing and since then am yet to receive any mail towards that .l am pregnant right now and l stil have the gps tracker what can l do.

      Reply
      • That is very annoying. Sometimes, they are slow to give the credible fear interviews, and Chicago is apparently particularly slow these days. You could try to email the Chicago asylum office – they are the ones who will probably do the credible fear interview, or you could write them a letter or go there in person to inquire. You can also hire a lawyer to help with this, as you will eventually need a lawyer for your court case, and it is better to get the lawyer involved as soon as possible. Good luck, Jason

        Reply
        • Thanks so much l went with my lawyer to the place and one of the officers we met there can not really ascertain the date for the interview he only said that it will take 180 days before they can remove the electronic monitoring devices on my leg.

          Reply
  3. Hi Jason
    I applied for asylum in September 2014 in New York.I did receive my EAD,but I haven’t heard anything for asylum interview. Do you have any estimate how long it could take?as I have to apply for college.
    Your response is highly appreciated!

    Reply
    • No one knows how long it will take. We only know that the NY office is currently interviewing cases filed in about February 2013.

      Reply
  4. We filed asylum case in 2013, did interview, no decision made.
    I heard the immigration offices started to work on the old cases like us. Is that correct ?

    Reply
    • Supposedly, but we still have some cases from 2013 that are waiting for decisions. Hopefully, you will have a good decision soon.

      Reply
  5. Hello Mr.Jason
    Do you think Asylum has become more difficult for Egyptians as conditions in Egypt is going more better than later or it is the same condition to us government, and what can you advise me if I make asylum but leave my husband in Egypt , does it take along time
    I appreciate your help and I will make my decisions upon your reply
    Please do not forget me

    Reply
    • Iam Christian

      Reply
    • We have had good success with our cases from Egypt, but many of them were political activists. Asylum cases now take a long time – probably 1 or 2 years; maybe more. After that, if your case is approved, you have to file for your husband, and that takes an additional 6 to 12 months, more or less.

      Reply
  6. hi, We applied for asylum in march /2013 did the interview after 2 wks.
    no decision made yet?
    currently have EAD valid for 1 year.
    I am Medical graduates finished all the test required for US medical licence, got my ECFMG(education certificate for foreign medical graduates)which is the requirement for applying for residency here in US,most of the program required us citizen or permentant resident or EAD valid for at least 3 years not one year.
    Is there is any way that I can get an EAD valid for 3 years so I will get admitted in the program I am appliing?

    Reply
    • any help will appreciated

      Reply
  7. Hi sir,
    Thanks for helping people like us. I have my interview scheduled for next week. My question is, my English is so and so. But I like to explain my case in English. However I want to bring an interpreter to make sure I don’t understand any question wrongly and give wrong answer. So can take interpreter with me even I’m going to do the interview in English. Thanks in advance. God bless you!

    Reply
    • Hi Jason reason I’m thinking to do my interview in English is I believe I can convince more AO emotionally, if I do it in English? Is good idea to do it in English even though my English is so so…? Please advise me. Thanks

      Reply
    • Some asylum officers allow you to do what you can in English and then, if you need help from the interpreter, he can help you (and I think this is the better practice). However, most officers will either make you do the interview completely in English or completely with an interpreter. My observation is that when people have so-so English, their English gets worse at the interview because they are nervous or the asylum officer does not speak slowly and clearly. For people who are not sure whether to have an interpreter, it is usually much safer to bring an interpreter.

      Reply
    • Hello dan,
      I also applied for asylum, and my question is to know howlong you have waited for your interview to be scheduled.

      Reply
  8. Hi jason ,

    How long EAD will take for the first time In VA after applying for it and how we receive?
    Second a pedding cases holder are eligible for food stamp while already got the EAD or not plz let me ?

    Many thanks

    John

    Reply
    • The first EAD normally takes 1 to 3 months. I do not think you are eligible for food stamps, but you would have to contact the state agency that assists with government benefits.

      Reply
  9. Hi! Jason,

    I am in a shortlist, I have heared a rumour about shortlist have been stoped, is it true? please, tell me about this case.

    Reply
    • I have not heard such a thing – but different offices have different policies. You could try contacting your local office to see what they say.

      Reply
  10. Hi Jason,

    I applied for an asylum in NJ in September 2014, and moved to VA in November. My relative got a job, I don’t work, had to move with him. Applied for EAD in Feb 2015, USCIS denied it because my clock stopped on 82 days, they transferred my case from Newark to Arlington office. Is there any chance to restart my ead clock? Can I send a motion, which will state that I had to move due to I’m dependent?

    Thank you for help and a lot of useful information,
    Ryan

    Reply
    • Unfortunately, I know of no way to restart the clock. Once you appear for the interview, it should start again automatically (though you might want to mention this to the asylum officer). Good luck, Jason

      Reply
  11. Hi! Dear,

    I applied for asylum june 2014, my husband is in his home country. can he apply for vistor visa? because i am applied for asylum. the embassy could cancell his vistor visa application due to my pending case.

    Reply
    • If he has a visitor visa, he should be able to come here. However, if he needs to apply for a visa, it may be more difficult to get since you (his wife) have applied for asylum. Take care, Jason

      Reply
  12. I have my EAD from my pending asylum case , I’m working in a company and they are willing to help me up , can they apply for green card for me with that EAD ? And how risky is traveling with travel document ?
    Thanks

    Reply
    • The company might be able to help you, but it depends on many factors and you would need to talk to a lawyer. If you have Advance Parole, you should be able to travel, but it is difficult to get (apply using form I-131). Also, it is a good idea to talk to a lawyer before you apply or travel, since there may be factors in your specific case that could create problems for you. Good luck, Jason

      Reply
  13. Hello Jason !

    I was wondering to know, actually i have already applied for the First time for EAD permit after 150 days and also 25 days already past since i apply for EAD do you think first i am gonna receive a receipt or they will send directly the EAD instead of receipt in cause if i didn’t received anything from immigration office in a month can you tell me what to do ?

    Appreciating in Advance
    All the very best for the good job you are doing Here outstanding indeed !

    John

    Reply
    • Sometimes, the EAD is slow, especially in summer (the busy season). If all goes well, you will get the receipt first, then fingerprints, and then the EAD. Take care, Jason

      Reply
  14. Iam here with my 5 years daughter and my husband is alone in home country, please give me your advice where the easiest and fastest state to submit my asylum case, please I appreciate your effort and waiting your reply

    Reply
    • Boston or Virginia

      Reply
      • Boston is a sub-office of Newark, NJ. Newark is interviewing cases filed in December 2012, and Boston is probably even slower.

        Reply
    • It is hard to predict how fast cases will be processed, or to know which office is most likely to grant. The fastest office is currently Houston, Texas (they are currently interviewing cases filed in about May 2014). The second fastest if Arlington, Virginia (they are interviewing cases filed in August 2013). Based on the incomplete statistics I have seen, Arlington is probably more likely to grant the case.

      Reply
  15. I applied for asylum February 2014 i got my interview after two weeks March 2014 the interview was good and the officier told me we will send the decision after three weeks now it’s been one year and four months and still no decision what you think and how can i get the decision thank you for your deep concern

    Reply
    • This is a common story, unfortunately. It may be due to security background checks or something else. You might want to contact the asylum office to inquire about the status, as a year is a long time to wait. Good luck, Jason

      Reply
      • I sent them a letter but no response. What you think ? Thank you again for your help

        Reply
        • IT sometimes take several weeks to get a response. Other times, they do not respond. You can also try emailing or calling.

          Reply
          • I got this letter: we are in receipt of your inquiry regarding form I-589 . Your asylum application is under review . An additional review had to be performed on your case and this has caused a delay in processing your case . When the review in this matter is completed, you will be notified in writing of any decision pertaning to your case. What you think . It is a normal and i should to send them an email thank yoy so much for your help.

          • We have seen this before, and I think it is just a standard letter. I’ve listed a few ideas to try to make your case faster in a posting from February 26, 2015. If you have been waiting a while, maybe try contacting the Ombudsman. Good luck, Jason

  16. Hi Mr Jason,

    I applied for asylum in August 2013 at Chicago office, I just received my second EAD but I never receive my interview date yet? Any idea how long it may take to get my interview date?

    Reply
    • Chicago is interviewing cases filed in about June 2013, so hopefully, you will be soon. Good luck, Jason

      Reply
  17. hi Jason
    thanx for helping us here,i submit my asylum application in new York September 2013 after done my finger prints I moved to Oklahoma I got my interview in march 2015 and after interview in may 1st 2015 recived second finger prints notice,please need help is that normal or getting decision soon,just wondering.please reply thanx

    Reply
    • The second fingerprint appointment could just be because your first fingerprints expired. We have also seen where a decision follows the second appointment, but this might just be coincidence. Hopefully, you will have an answer soon. Good luck, Jason

      Reply
  18. Hello Jason,

    Your thoughts on the the following will be highly appreciated:

    My mom applied for Asylum in late 2012 (Asylum Office: Arlington, VA). She was interviewed twice, the 1st time in May 2013 and the 2nd time in Feb. 2014 and so far no decision has been received. I have contacted the office several times either for an update or for requesting expedition as part of our family is still in Syria.
    Recently they informed us that they are unable to render a decision until certain issues are resolved. After that I went to the office in person and they informed that her application is still in under background check.

    Thank you.

    Reply
    • The background checks are a real mystery and it is unknown why some take so long. I did a posting on February 26, 2015 where I list some ideas to make the case faster. Maybe that would be helpful (your best bet might be the Ombudsman). Also, I plan to do a post on the TRIG – terrorism related inadmissibility grounds – which are very broad and could also be the problem. Good luck, Jason

      Reply
  19. Hi,I applied for asylee Feb 2015 Arlington and I have been here for a year, my husband is still in my home country and waiting for his tourist visa, we both had been interviewed and got tourist visa ,but his case is pending for background check
    When he sends email to embassy they replied , he has to wait!
    My daughter is getting depressed and we don’t know what should we do!
    I was wondering if you could tell me that what is going on?!
    Is it because of my asylee application or it is just a pending for Background check?!!
    Please, tell me how long does it take to interview ?!

    Reply
    • Arlington is currently interviewing cases filed in August 2013, so you have a while to wait. As for your husband, I do not know what the problem was, but we have seen visa applications denied because the spouse has filed for asylum. Maybe he wants to think about other types of visas (student, work) if he is eligible, as he might have better luck with those. Take care, Jason

      Reply
  20. Hello!

    Greeting to you. I filled asylum may 2014, I have husband & 2 year boy in my home country, as you know the interview beng delay.Is there any way to come my husband at USA to see me? is is possible the asylum applicant husband to apply visitor visa and its possiblity alike …please, give me you golen comment.

    Reply
    • They can try for visitor visas (or any other types of visas), but given that you have applied for asylum, that will likely be difficult. I am going to try for “humanitarian parole” for one of my client’s family members (you can Google “form I-131 USCIS” to see what that is). It seems unlikely to work, but we will try. I have talked to a few attorneys who have tried it, but it did not work. Nevertheless, in theory, it could work. Good luck, Jason

      Reply
  21. Hi dear,
    I appreciate your help for asylum apllicants related question. i applied Arlington june, 2014 the asylum office has informed me i am in a shortlist yet not invite me for interview. when i expect the interview i am suffering in a lot of problems.

    Reply
    • Currently, they are interviewing people who filed in August 2013. The short list is not very fast, but they take people in the order that they were put on the list. Hopefully, you will have an interview soon. Good luck, Jason

      Reply
      • hello, i had my asylum interview and had recomended for approval. Its been exactly one year i havent heard from USCIS yet. What do you suggest me to do? i finally had my interview and decison from 2011 dec . Its been 4 years i have been waiting for my complete decisn. This thing is killg me. Please help!!!!

        Reply
        • We have seen this a few times as well, and it is a real difficulty. I did a posting on February 26, 2015 that lists some ideas. Good luck, Jason

          Reply
  22. Hi jason sir.i file my asylum in sanfransisco (oakland)on april 2015 .and i did not get any interview date after i did fingerprint in april.my question is how long take a time for my first interview.tnx

    Reply
    • It will be a while. San Francisco is currently interviewing cases from about June 2013. Good luck, Jason

      Reply
  23. Jason,

    Sorry for the earlier incomplete question, I applied for asylum in April March this year, would I please know which year and month Arlington VA is handling now and how much long I may still wait

    Reply
  24. Jason,

    I would like to which year and month that Arlington Virginia is handling now.

    Reply
    • They are currently interviewing cases filed in August 2013.

      Reply
  25. Dear Jason

    I have aplplied for asylum on dec-2014 in Florida , I have two question please
    1- my 180 days on pending case has passed , when I will get my EAD I allready applied .
    2- how fast is the miami asylum office is going on right now and how much more I need to wait for my interview?

    God bless you

    Reply
    • Our clients usually get the EAD in 2 or 3 months after they submit the application, but recently someone got it in about 30 days. Miami is interviewing cases from about March 2013, so you probably have some months to wait. Good luck, Jason

      Reply
  26. Hi Jason !

    Do you think change of address will effect on my EAD cuz im living same city but only i move from second floor to forth floor plz let me know thanks ?

    Thanks alot
    John

    Reply
    • It should not (unless USCIS makes a mistake), so you should be alright to file it.

      Reply
  27. Hi sir.i apply my asylum in oakland (sanfransisco)4-2015 .can i ask when be my first interview.i did fingerprint also.tnx

    Reply
  28. Hi dear jason !

    Im really appreciating for the great work you are doing here ,

    Actually i was wondering to know since my case is pendding from 2014 do you think im aligable to apply for traval document as becuse my wife with three kids they are really fustrateted am i able to go dubai or india to visit my family , because im still waiting for interview !

    Many thanks

    John

    Reply
  29. Hi Jason,
    I really appreciate the great job you are doing .
    I would like to know I applied for asylum in July 2014 in nework and m waiting the interview till no one has called for it

    Reply
    • Newark has become quite slow. They are currently interviewing cases filed in about January 2013, so you7 have some more time to wait. Good luck, Jason

      Reply
  30. I applied for asylum in February 2014 and i got my interview after two weeks March 18 2014 and now about one year and three months after the interview but still no decision and the interview was good i need your prediction please thank you

    Reply
    • No prediction, as everyone is different. Your case is definitely one of the longer waits, though. I would contact the asylum office to see whether they can offer you any news. Good luck, Jason

      Reply
      • Thank you for your deep concern

        Reply
  31. Mr. Jason, any idea about Chicago office, I mean to ask which year and which month’s cases are calling for interview?
    Any estimation on interview date for case filed in September, 2014

    Reply
    • I am home and don’t have the dates with me, but they are still interviewing cases filed in 2013. You probably have at least six more months to wait, but it is not possible to predict, since it depends on how many new cases enter the system. It could be longer and I guess it could also be shorter (hopefully). Good luck, Jason

      Reply
      • Thank you Mr. Jason,

        Is there a way we can find out ourself abouts which month’s filing is being interviewed in which office?

        Reply
        • According to the Asylum Division, they will be posting this info on the internet. When and on what website, we don’t yet know.

          Reply
          • Mr. Jason, I pray to God for your good health and all your wishes may come true and your worries may go away. Ameen.
            I read you a lot and see how much you help us for no incentive.
            God bless you!

          • Thank you – I would be happy just to get a few days vacation…

  32. Hello,

    I applied for asylum in August 2013 from Pennsylvania. I am from Kenya and I leave alone. I am wondering when I will get the interview date and when my asylum will be approved. Could you give me a rough estimate for this?

    Thanks.

    Reply
    • Cases in PA go to either Newark, NJ or Arlington, VA, depending where in PA you live. Arlington is currently interviewing cases filed in August 2013. Newark is slow, but I forget the date. Also, summer is a slower season for interviews generally. If you filed in August 2013, I would suspect that your interview will be in the next few months. Good luck, Jason

      Reply
  33. Many thanks for the helpful answer , do you know when they will start interviewing cases filed in janauary 2015 in VA ?

    Thank

    Johon

    Reply
    • No one knows that – not even the asylum office (I’ve asked them). All they know is that they are currently interviewing cases filed in August 2013. How fast they will move through old cases depends on how many people enter the system. My guess is that you will be waiting at least a year. Good luck, Jason

      Reply
  34. Hi Mr jason,
    I really proud of you the way you help us and keep us update !

    Thanks alot from your nice work here i was asking about first EAD for the first time actually my friend file in nework new jersy he got his EAD within 39 days from the day he mailed and he recieved, do you think some office are faster or how by way how about dulllas tx ? And do you have any news from 2015 cases do you think they will considering or still pending cuz its around 6 months im still waiting for interview ?

    Thanks

    Johon

    Reply
    • If someone got an EAD in 39 days after filing his case, it means that his case was approved or he had a recommended approval (or he got his EAD from something else – like TPS) (or maybe USCIS made a mistake and issued it early). The law does not allow an asylum applicant to get an EAD until the case has been pending for 180 days (though you can apply for the EAD after 150 days). As for processing times, Houston, TX is fastest – they are interviewing cases filed in about May 2014. No office is interviewing cases filed in 2015. Take care, Jason

      Reply
  35. Hi i filed for asylum since april 30 2015 in rhode island and i did get anything from uscis since then not even a reciept i keep calling but i hear different thing each day.did you they are attending to my case

    Reply
    • If you did not receive a receipt or fingerprint notice, something is wrong. You should email the asylum office (in Newark, NJ) and explain the situation. Maybe they can help. When this happened to one of our clients, we were only able to resolve the problem by filing a FOIA (Freedom of Information Act request) to get his file. The problem might be that they never received your application, or that they have an incorrect address for you. Of course, if they do not have your address, you will not receive an interview notice, and your case will be denied. Email them and try the FOIA request. I would do both as soon as possible. Good luck, Jason

      Reply
  36. Hi jason !

    I really appreciate for your outstanding work which you here ,actually i have applied for EAD recently so you when i can get my EAD ?

    Thank you

    Jahon

    Reply
    • For the first EAD, it usually takes 2 or 3 months. For the renewal EAD, we are seeing longer waits – more like 4 months and sometimes more (though sometimes less). Good luck, Jason

      Reply
  37. Dear Jason,
    I really appreciate what you are doing here. I applied for asylum 2.3 years ago, and I just got the second Fingerprint notice. Does that mean I will get an interview notice soon? I am also on F-1 status. Would that delay the process? Thank you so much!

    Reply
    • The F-1 status should not make any difference in the timing of your case. Sometimes a second fingerprint seems to indicate that something will happen in the case, but other times, it does not make a difference. But if you have been waiting for 2.3 years, I suspect you should get an interview pretty soon. good luck, Jason

      Reply
      • Thank you so much, Jason! Would there be long wait since I applied from field office?
        Thanks again!

        Reply
        • I don’t have any data on the field offices, but my impression is that they are generally slower than the main office. Good luck, Jason

          Reply
  38. Hi Jason ,
    First of all I really appreciate what you are doing for us, keeping us update on the system of USCIS Asylum cases. It’s a blessings from you after GOD on us. Thank you.
    Jason I applied for my Asylum in Chicago July 2014 got an interview in August 2014 till then no updates what’s going on with my case. Meanwhile I got one Misdemeanor A ticket speeding 102 in 55 zone I was coming back to Milwaukee from Chicago after meeting my fiancé which will be my wife next month. Got to go to court today for this stupid act I did (fingers crossed) lets see what happen today.
    Jason is this misdemeanor ticket effect my case status and what should I aspect the rough timeframe for the decion from USCIS?

    Reply
    • I don’t know why your decision is so delayed – usually it is due to security background checks. We have had people waiting as long as you and even longer, and there is not much you can do except keep waiting. As for the misdemeanor, I expect it would not affect your asylum case. That said, try to keep your speed below 100. Take care, Jason

      Reply
  39. Hi, Mr Jason, I had very different experience in asylum interview, I heard from many people that asylum interview takes 1 hour and 30 minutes approx. if given in english and 2 hour and 30 minutes approx if interpreter is with you, but it seems different in my case, I had an interview in english and it lasts for 3 and half hour, then officer asked me to come back after 14 days to receive decision but on 13th day I got a call from her and she said decision is not made yet and she will call me and wife for interview again, and its been 4 months and I haven’t heard anything since then but applied for EAD. Can you please advice if it is a bad or good sign for such long interview?

    Reply
    • I think there is no typical time frame for an interview. Some interviews are short (I recently had one that was probably 40 minutes) and some are long (I had one that was over six hours and then he was interviewed a second time). I do not think a long or short interview is a good or bad sign. It is quite common to have a decision pick up canceled, so I do not think that is a bad sign either (though obviously it is stressful to have to keep waiting for a decision). In short, I do not think you can predict the results based on the events you describe. Hopefully, you will get a positive decision soon. Good luck, Jason

      Reply
  40. Hello Jason,

    I appreciate your papers for the valuable information from the inside of asylum office, I believe every suffered applicant can feel it like an oasis in the desert of depression.

    I applied my case in LA around July 2013, and I recorded my fingerprint about 2 weeks after. Now it’s … almost June 2015, I’ve heard nothing from the office since then. I’m alone in the US and my loved ones are not, though I got the EAD card but to be honest, it has limited help only.

    I was wondering could you please tell me how’s the process going in LA, like what are the dates of the cases being interviewed now, and how’s the approx speed of processing each month? So at least I have some kind of hallucination (yes, exactly ..) about calculating my day. I really appreciate it.

    I’ve heard LA office is working cases around Aug 2012 but I’m not sure if it’s true, and some people said the office told them the approx waiting period for their cases, like, your case should be able to be called in for an interview in N days or so, I don’t know if that’s true either.

    Sometimes I believe in the system of asylum, sometimes not.

    Best Regards

    Reply
  41. Hi Jason,
    I applied for asylum AUG/2014, from Orlando- Florida, got the EAD , but didn’t hear anything for interview till now.
    why there is no online receipt number check for asylum applicants ?
    at least i can check my case.
    and i think it’s being late for my case.

    Thanks

    Reply
    • Florida is currently interviewing cases from 2013, so your case is not later than expected. There is no-online checking due to confidentiality reasons. Soon, the asylum offices will post some info online – they will state what cases are currently being interviewed (so, for example, you can know that they are currently interviewing cases filed in June 2013). At least this will give you some idea about where you stand. I suppose it is better than nothing. Good luck, Jason

      Reply
  42. Hi Jason.
    My asylum case was denied in court (IJ ordered removal) 2 days ago I just received the bad news that it was also denied before BIA. I know I have 30 days to appeal before the 11th circuit courts.
    At this point I’m pretty confused and extremely fears to be deported including my kids and wife.

    My question is this new appeal at the 11th circuit protect me in some way from ICE to execute the removal While waiting for decision?

    Is there any way to introduce a new asylum application ? since I have new events during last few years that showing that if I return to my country I’ll be in darger and even death .
    My asylum application was filled in 2008 and I’d been here permanently since then.
    1 misdemeanor for $35 worthless check. 1 traffic ticket. No other records.
    I’ll really appreciate your counseling

    Reply
    • At this point, you can be deported even if you file an appeal (actually called a “Petition for Review”) with the 11th Circuit, which must RECEIVE your appeal within 30 days of the BIA denial. You can file a “stay of removal” with the 11th Circuit, which is a request for them to order that you not be deported while the case is pending – we generally only file those if there is a real danger that the person will be deported (for example, he is in ICE detention). If there are new events in your asylum case, you can also try a motion to reopen before the BIA based on the new events. You can do one or the other of these things, or both. I HIGHLY recommend you talk to a lawyer, as the case is in real need of help at this point. Good luck, Jason

      Reply
  43. Hi Jason, I applied for asylum in 2012 and never heard from them since…. In February 2015 I contacted the president and the congress woman asking them for help because I have a nine year old son back home that I haven’t seen for over 3yesrs. They both responded the congresswoman send me something immigration sent her and the president just sent a letter to apologize… But two days after the presidents letter came the asylum office called my lawyers that I should go for the interview in 4days… 27th of April, but after the interview she said the. Decision will be mail, since then I haven’t got anything…. Am just so frustrated… Any idea how long this may take… And why would it take so long? I also received a finger print letter 2 days before the interview… Everything happened so fast

    Reply
    • I am not sure why it happened that way. I always say that the delays are bad for single people, but they are really tragic for people separated from their family members. Unfortunately, I do not know how long you will have to wait. For us, when there is delay after the interview, it is usually for security background checks (these seem particularly long for people from Afghanistan and Iraq) or because the case is high profile, or because there was a terrorism issue (people who paid money to terrorist – even if it was against their will). If you have one of those situations, the delay can be long. I wish you good luck, Jason

      Reply
  44. hi,i applied for asylum in Chicago in 2014,i was interviewed at Chicago asylum office,since then i am waiting for my decision.any idea how long its going to take.because its been more thn a year now.last year my lawyer find out that my case was recommended for approval but still its pending.
    thanks

    Reply
    • Supposedly, they are prioritizing cases that have already been interviewed, though I am not convinced that this is true – we have a number of “recommended approval” waiting for decisions. Now and again we get decisions on these cases (we got one last week), but it is not as fast as I would hope.

      Reply
  45. Hello. My husband apply for asylum in may 2013 and our office is Newark. since then we did not hear nothing, of course we have EAD, but that doesnt make it easier for us. We are located in Pennsylvania, but want to move in Seattle WA and our lawyer said that will make it worst. Better to wait it here. Do you have any ideea how long that may take, I mean to wait here for interview?
    Thanks a lot..

    Reply
    • I believe if you filed in May 2013 in Newark, your case should be heard soon. You may want to contact the Newark office to ask what cases are currently being interviewed. At this point, since you are probably close to your interview date, moving will likely cause more delay. Good luck, Jason

      Reply
  46. Hello,
    I came here on a F-1 visa, went home for vacation, got into some ssues and directly came back here and applied for asylum. Now I have a green card based on my asylum. SOme days ago, my dad, my mother, and little brothers went to the embassy to apply for a tourist visa so they can visit me but the consulate at the embassy denied my family a visa saying that if they come here they will apply for asylum like and they didn’t give my family a chance to talk and explain, they just kicked them out of the embassy saying that they have an asylee sibling in the USA. What I’ve done for my asylum doesn’t have anything to do with them, it was a self decision. So, my question is, can my family ask for a non immigrant visa when I am an asylee?

    Reply
  47. […] visited this website before, you know that I’ve written about the asylum backlog again and again… and again and again and again and again. And yet again. And once more. And probably a few […]

    Reply
  48. Hi jason,
    i had applied for asylum in april 2013 and i gave my finger print in may 2013. After that i never received second finger print notice as i was told finger print expires in 15 months. one week back i had an asylum interview. The asylum officer had no information on why i didnt receive the second finger print notice. But after i was done with the interview she said that i should be getting it in the mail in few days. But i have not receive until now. One week is left to pick up my decision. Can it be possible that they have not sent me the finger print notice because my application is denied anyway? too worried these days..appreciate if you have any idea/information about this situation

    Reply
    • First, this is a common problem (not getting the second fingerprint notice). Second, no, it does not mean your case is denied. However, you should contact the Asylum Office and tell them that you did not receive the FP notice. If you have the name or number of your Asylum Officer, you should also tell that to the Asylum Office. Without the second FP, your decision could be delayed. Good luck, Jason

      Reply
  49. Hi Jason,
    I really appreciate the great job you are doing to asylum seeks like me, it is a blessing!
    I want to apply for asylum as soon as possible so that I can start my EAD clock. So far I have completed I-589 form and I have prepared draft supplemental statement.
    My question is
    1. Can I hire attorney for revising my document and to accompany me to the interview after I have submitted the draft document?
    2. Can I submit the draft supplemental statement with I-589 now and submit the final supplemental statement during my interview once I have attorney?
    3. Can I submit only I-589 form or what are the minimum documents in an application package?
    4. I want to apply in Arlington office but now I am in Ohio, can this be possible or what I have to do to get my application to Arlington office?

    Thank you so much

    Reply
    • My opinion is that if you want to hire an attorney, you should do so at the very beginning, if possible. For a lawyer, it is more difficult to get involved in the case later on. We normally do not submit the affidavit with the I-589 form, but many lawyers do. Normally, at the beginning, we submit the I-589 and the passport and I-94, but – depending on the case – you may need to submit other documents as well. You have to file the case using your address, so if you live in Ohio, your case will not be at the Arlington office. I would recommend that you consult with a lawyer if you are not sure about these things, just to be safe. Good luck, Jason

      Reply
      • HI jason Dzubow
        My father has petioned asylum case for me in 2010 ( asylum for being christians in pakistan) i did intervire infront of immigration officer but was denied cuz i dint take any docs. with me and now i have to appear infront of judge for master hearing. My parents were also granted asylum here in states and now they are US CITIZEN. MY master hearing is next year in 2016, i was entered legally as student, dint over stayed, but scared of going back cuz i was beaten and tortured by talibans in pakistan. i have all the police reports, medical proof tht i was beaten, they shot my frinds cuz were asking for me and they dint tell bout me to them. i have my friend report too, im presenting all tht infront of judge.. what do u think cuz my whole family is here will they still send me back cuz my life in dabger there in pakistan and i have no one there.

        Reply
        • It sounds like you have a strong case. Usually, when a person’s close family members have asylum, it is easier for him to win his case. I strongly recommend you get a lawyer to help you, as a good lawyer makes a difference in immigration court. Good luck, Jason

          Reply
  50. Good day and thank for the good job you do providing some help.
    My question is. I have a recommended approval since september 2014 from Arlington VA. It is now almost 8 months and i don t have any answer. And to all my physical mails they don t respond.Can u clarify either it is normal or not. Can i assume that FBI is checking my family members who are part of my I 589 but actually still in my country as reason of the delay? Plaese help me understand why it takes so long. For remind all the process together (receipt of I 589; finger print; interview; recommended aproval) where quite fast and totally in the uscis timing of less than 3 months

    Reply
    • They normally do not respond to mail, and even if they do respond, they just say that the case is “pending.” You can go there and ask about your case any Wednesday morning. Many cases are slow, and I have heard that where the person used more than one name (or more than one spelling in English), the security checks are even slower.

      Reply

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