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.
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.
Hi Jason
I came here with a student visa. Then my wife applied for Asylum and included me in the application. We were interviewed on October 2013. Now we are waiting the final decision. Right now I am employed as a pastor because I have employment authorization card which we renew every year. My question is since the final decision regarding our asylum case is pending, can I apply for religious visa? If yes, can I file it directly or the church has to file it for me? Also my passport is expired and after I graduated this year I didn’t apply OPT since work authorization was still valid. Thanks
If you are out of status (meaning you have no status except asylum pending), I think the only way to get a religious worker visa (an R visa) is to leave the US and then re-enter. This may or may not be possible. You will need to talk to a lawyer about the specifics of your case. Take care, Jason
Hello Jason,
I have submitted my Asylum application to Huston Asylum office. It has been more than a month I haven’t received a notice stating that my application was received. Is possible for me to submit another application to Chicago office because I am planning to move to Wisconsin
I think that would be a mistake. You should get the receipt soon. If not, contact your local asylum office to ask about what happened to the application you mailed to Texas. You can find the local asylum office and contact info if you follow the link at right called Asylum Office Locator. If you file 2 cases, it could cause a mess. Take care, Jason
Hi Jason
I had my asylum interview on 2013. After that they send my case to the court. I had my first hearing last week and they had given me the 2nd hearing on April 2017. They told me that will not be the final hearing for me. I just have to submit my documents at that time and they will give the final hearing date on that day.
I had never heard anything like this. I thought 2nd hearing will be the final one. Do you know what kind of hearing this is called? and why they have told me to submit my application with all my documents. IS this normal.
Please help me on this.
Really appreciate you help
Thanks
It depends on the Judge, but I do not know why they would do that. If you do not have a lawyer for your court case, you should try to get one. If you cannot afford a lawyer, I did a post on September 22, 2016 that might be helpful. Take care, Jason
Dear Jason
I first thank you for this service.I have got few questions ,I m in US with my wife and daughter, and I am going to apply for asylum
1.is it possible to apply both of us as we have two different cases even if we are married? If so, will we going to be fingerprinted twice as we present two cases
2.one of us can apply and includes both cases .if one apply for the family will we (me and my wife) get EAD or one of us (the applicant ) can get it alone
What is practicable for maried people between presenting the two cases in one application or separate them
Kindly
TCHABO
1 – You can, but usually it is better to apply with one person (whoever has the better case) as the leader and the other as the dependent, but you could each make a separate claim if you each have a claim for asylum. One advantage to filing separately is that if either person wins, the other benefits. A disadvantage is that the asylum office might not like that you filed two separate cases, as it is extra work for them. Whether you file separate or together, you will both be fingerprinted. 2 – If one person applies and the other is a dependent, you can both get an EAD. Take care, Jason
You are very true. I am an asylum seeker. I left my son with my mother when he was 2.5 yr old. Now he is 4 year old. My mom says, he asks 100 times a day like where is my mom? when she is going to take me? I want to see her immediately? Why did she left me? I love my mom, did she not? I couldn’t sleep, eat do nothing. It’s worst than anything? believe me anything? I will be very grateful if any human rights organization or social group help me? There is no way that I can bring my son here, bcz I cannot travel while my case is pending? Have no idea about my application?????
Thanks for your posting
With lots prays for everyone in my situation
Banu
First, you can travel and maybe meet your son in a third country. You need Advance Parole (form I-131, available at http://www.uscis.gov), and you might want to talk to a lawyer before you travel, just to be safe. Also, you can ask to expedite your case based on separation from your child. If the child is unsafe or has health problems, you should provide evidence about this, and maybe the case will be expedited. Good luck, Jason
Dear Jason,
In May 3rd my first EAD based on Asylum case will expired, my lawyer ask for around 800 $ which I can’t afford that. And I am worry if i did by my self and did some mistake that will take long time.
Could you please kindly tell me what is the exact steps that should I do to avoid doing any mistakes ?
Thank you
God Bless you
Happy Thanksgiving
I cannot give such specific advice, but EAD applications are not difficult, and if the lawyer is charging $800 for the EAD, that is far too much (we charge $200, but we are below average for price). Look at the form I-765 available at http://www.uscis.gov, and you can follow the instructions and submit the application. If there is an error, USCIS will send you a letter telling you how to correct it; it’s no big deal, so don’t worry, and it will only cause a short delay. Take care, Jason
Hello Jason,
I went to see the Congress for my case.it now two months the send request to Chicago Asylum office. We are not getting the response from congress. What I will do because my case is 3 years pending
Congressional inquiries are pretty useless in my experience. You can try contacting the USCIS Ombudsman, a link is at right. You can try a mandamus lawsuit. In practice, however, there is not a much you can do that is effective, and the type of wait you describe is, unfortunately, becoming more and more common. Good luck, Jason
Dear Jason, I applied for Asylum on March 4,2014, Interviewed on April.
On October 2015 Recieved Recommended Appproval. I tried to follow the workload and the decision making in Newark, NJ, could not figure out the time table for receiving the final approval. I know there has to be a biometric check up, is there is an estimation for that delay. do you recommend any action? who should I talk to?
Thank you
My most recent blog post (last week) might talk about the delay between recommended and final removal, but I cannot remember (too much partying this past weekend, I guess). We have seen people wait anywhere from a few days to 2+ years (and counting). Certainly, you can follow up by contacting the local asylum office and/or the USCIS Ombudsman – links to both are at the right. Take care, Jason
Hello Jason! Can i take participation in green card lottery while my asylum status is still pending? Will i have problem in the future?
It is free, and you can apply. There is no reason not to try. However, if you win, you may or may not be able to actually get the green card, and you may need to leave the US, which may or may not be possible. My suggestion is, try, and if you win, find a lawyer to help you with the remaining part of the process. Good luck, Jason
Hi Jason,
I am working on a research project concerning the difference in asylum processing times when one is legally represented or not. Where do you think I would be able to find statistics on this?
I do not think processing time is related to whether you have a lawyer or not. Also, I do not think USCIS keeps data on such a point (correlating wait time to whether a person is represented). They actually do not have a lot of data in general on processing asylum cases. I suppose you could file a Freedom of Information Act request with the Asylum Division of USCIS to try to get this type of data. If you find out anything, please do let me know. Thank you, Jason
Hello Jason,
I live in Arizona. But my husband lives in New York where he is a student. I introduced my asylum application and I included my husband in the application. Now I have received a letter that ask me and my husband to be fingerprinted. I would like to ask if it is possible for my husband to be fingerprinted in New York instead of Arizona since he lives there. Thanks,
Lauren
Yes, it should be possible. He can go to the local Application Support Center – he can find the local ASC if he follows the link at right. Take care, Jason
Hello Jason,
I have applied for at Asylum case in new mexico but my husband is a student in new jersey it possible to a form fingerprint to new jersey while is at school?
He should be able to do that. He can go to the local application support letter with the fingerprint notice and his ID, and they should take his prints. You can find the local office for him to do that here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC. Take care, Jason
Also i noticed a wrong year in my history.. i accidently wrote 2014 besides 2013…. My friend adviced me to tell that everything happened in 2014, but i don’t want to lie.. Is any chance to change 2014 to 2013 in my history dates? Or should i just tell officer?
Thanks!!
You can correct that at the interview, or you can correct it before the interview by submitting the correct information to the Asylum Office. I do not see any reason to lie. It is easy enough to correct such things, and one lie usually leads to another, which often leads to trouble. Take care, Jason
Thank you for advice!
“or you can correct it before the interview by submitting the correct information to the Asylum Office”
You mean during registration at the USCIS for interview or i can send them by mail?
Either way, but you might do better going in person or emailing, as they probably will not respond to mail.
I heard that i need to take my I-589 form for interview.. But what if i don’t have a copy? I sent them original form and i don’t have a copy of that one. Is anyone has such situation.. Also i’m waiting already 2 years..
Thank you!
It is best to keep a copy of anything you mailed them, but you do not need to bring the I-589 with you to the interview. They already have it. Take care, Jason
Is it possible to update my history and bring to the interview new one? It’s a lot of changes in my country during 2-years period that i’m waiting. I would like to describe it in my new updated history..
Hi, Jason
my question concerns the term of issuing of EAD, according to the procedure it is 150+30=180days, but! They report multiple cases when the EAD comes much more later, like 110 days and more (which makes totally 150+100=250days). Provided the fact an applicant has no right to work for 180days it is extremely hard to wait any more. I have already waited 180days and presently I am running out of money and resources, the Resettlement Office assists only to recognized asylees. So what next?
My question is – what should I do to expedite getting my EAD? Is it possible to get an interim EAD meanwhile? This is impossible to live any more without job and money.
You are exactly right when you diagnose the problem. Unfortunately, I know of no solution. There is no interim EAD anymore, at least not in any jurisdiction that I know of, and there is really no way to expedite. You can call USCIS (the telephone number is on the http://www.uscis.gov website), but that probably won’t help. It won’t hurt, so it is worth a try, but most everyone just ends up waiting. It is a very big problem. Good luck, Jason
Thank you Jason,
If I transfer my case in new mexico I will do another interview? or the will consider only that I did in Chicago?
If you have already been interviewed, it is unlikely that they would interview you again in a different asylum office. I suppose it is possible, for example if your asylum officer leaves her job, but generally, the case should remain at the office where you were interviewed. Take care, Jason
Thanks Jason,
Now I have moved in new mexico for good, I am longer living in Wisconsin. I want to transfer my case hear in new mexico. I need your advice what I will do? my cause of moving hear new mexico my she appointed as Pastor for united Methodist Church.
Submit the change of address form (AR-11, available at http://www.uscis.gov) to your old asylum office and follow up by sending an email to the old office and the new asylum office to confirm that your case was transferred (you can find contact info and email for the asylum offices if you follow the link at right called Asylum Office Locator). It takes some months for a case to be transferred, and it is probably wise to follow up with both office to make sure they moved the case. Take care, Jason
hello Jason,
I have apply asylum case in September 2013 after 4 week the call me for interview in October 10,2013. last year the send me letter that my case is under review, but today the send me another letter they say the case is pending. I need your advise for my case.
Unfortunately, we see these types of delays a lot. You can contact the asylum office and ask. You can find their contact info and office hours if you follow the link at right called Asylum Office Locator. Also, you can contact the USCIS Ombudsman – sometimes they provide more info than the Asylum Office, and a link to the Ombudsman is also at the right. Take care, Jason
Hello Jason, thanks a lot for the advices.
Im Syrian and my passport is about to expire and there is no Syrian embassy here in the U.S. My asylum case is still pending, so can I expediate my case based on this issue? Im really terrified that I will be without documents very soon and I can’t renew them.
Thank you
I doubt that the Asylum Office will expedite your case for this reason. Once you have an EAD, you can get a driver’s license, and so you will have a valid ID. Before you get the EAD, it can be a problem if your passport is expired, but I have not heard about cases being expedited for this type of problem. Anyway, you can try and see what happens – it won’t hurt you to try. Take care, Jason
hello Jason
i receive my ssn in Californie and i go to other stat as visitor i dont change my address as im just visitor for 45 days i will back to Californie for i apply my ID card then i will move again to other stat for work
do i need do Procedures before moving again because For this time I’m going to work and not to visit
what i should change or what i should do before moving to other stat for work
do i need tell my attorney about that ?
You should tell your lawyer and ask whether you need to file a change of address form. If you are moving for only 45 days for a job and then plan to return to your old address, you may not want to file a change of address form, as that sounds temporary. However, if the move is permanent, then you are required to file the change of address form. Your lawyer should be able to help you with this. Take care, Jason
thanks for answer
let me tell you more detail Mr Jason
before the day of interview i will back to california cose i plan to stay in virginia just few month and i will change my driver license to californian DL Is this how i considered i avoid the risk from immigration doubt ? ? or they may think strange too
all my issue i want apply for driver license here in virginia cose i have Temporary support before i back to california where i apply for asylum and i got my ssn , then the final station wher i will be befor the day of interview it will be california
thank you
I think you can just get the CA license and use it in VA, since VA is a temporary place for you.
hello mr jason
i apply asylum and i receive my ssn and work permit in california but i move to virginia as visitor and i want apply for driver license here in virginia do i should change just the address for show the immigration where i am or i need to move all my immigration fills from california to virginia for apply driver license
my respect
There is no set rule about this, but generally, if you plan to get a VA license, you should move your case from CA to VA. Otherwise, it will seem strange if you are having an asylum interview in CA, but you have a VA license. Take care, Jason
thanks for answer
let me tell you Mr jason
before the day of interview i will back to california and i will change my driver license to californian DL is it right ? or thy may think ther is mistak
all my issue i want apply for driver license here in virginia befor i back to california then the final station wher i will be befor the day of interview it will be california
thank you
I do not know why you need a VA license. A license from CA is good in VA and throughout the US (and visa versa). Can you just get a license from CA?
thanks for answer MR Jason
yes i can but right now im in virginia as visitor and i want apply DL here in VA then i move back to CA
why:? cose it is very hard for me now to back to california wher i have no job right now just for past driver lisance in california then back to virginia wher i have temporarily support then my plan as im her in VA i apply forDL then i back to california and just change it to california DL who it take one day then start work directly …like that im more safe then i back to california without job and apply to DL who may take month ..my respect
Hello Jason,
I have apply for my EAD card for me and wife. Every year if renewing my EAD Card the will send letter for me to go for fingerprint but this year the did not send anything fingerprint is now 90 days. And I send a letter to Asylum office for follow up my case they still quiet until now. is now 2 years and 9 months since I did my interview in October 10/2013 I did not get the decision.
Dinnah
I am not sure I understand the question. As for the delayed decision, you can contact the asylum office to ask by email or go in person (you can find contact info/office hours if you follow the link at right called Asylum Office Locator). Maybe they will help. You can also try the USCIS Ombudsman (a link is at right). The Ombudsman might also help with your EAD, if there is a long delay there, but for EADs, it is better to contact USCIS directly (by calling them or Info Pass appointment), as they are faster than the Ombudsman. Take care, Jason
Hi dear sir.
My question is very simple that I applied for asylum while I am on F1 which I changed from B1 now I am joining University so while I am waiting for my interview so if I study in university and I am currently on F1 so I can I apply for my spouse and kid as F1 and my asylum also pending.please let me know. Many thanks.
If you have an F-1, your spouse and children can apply for n F-2. However, since you have filed for asylum, it may be more difficult for them to get the F-2 visas. Also, of course, I do not know about their cases and whether they are eligible, but the asylum application will probably make it harder for them to get F-2 visas. You can talk to a lawyer and maybe get some help with this. Take care, Jason
My application 2013 did I have too much time for my interview
Check the Asylum Office Scheduling Bulletin (a link is at the right) to see whether your local asylum office has passed your filing date. If so, you should contact them – you can find contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello, best regard! My application was presented on January 19/ 2016. When can I present my EAD?
Hola. Mi solicitud de Asilo se presentó el 19 de entro de 2016. Cuando debo presentar mi solicitud de trabajo? Gracias
You must wait 150 days after the date your application was received by USCIS (that date appears on your receipt) and then you can apply for the EAD. If you apply early, USCIS will likely reject the application, which can cause additional delay. Take care, Jason
hello Jason,
I want just ask one question. My EAD card he will expires on August 27 2016, my question when I should renew it?
Now – it can take up to 4 months to get the new EAD, and you are allowed to renew up to 120 days before the old card expires. Take care, Jason
Hi Jason
My status now is pending asylum. Waiting for the decision.
I applied to renew my workpermit 3 month back. My workpermit is going to expire by tomorrow. I send the letter from my work saying that I will be terminate from the job if they don’t get my permit, to expedite my case to the Immigration service Nebraska 8 days back. Still I cannot see any updates. I will be terminate from my job if I don’t show it by tomorrow. Do you have any suggest what should I do?
Do you think the receipt can work.
USCIS is changing the system, and once that is in place, hopefully you will not have this problem again. For now, though, it is a problem. Technically, you need the valid EAD – the receipt is not enough. In reality, the new EAD will cover the current period, so it is unlikely you or the employer would have a problem. Nevertheless, if they want to comply with the law, they should stop your employment. One alternative is to offer you an unpaid “internship” during the period before you get the EAD or to give you a leave of absence until you get the new card. Maybe they would consider these options. Good luck, Jason
I am waiting for 3 years m’y interview I didnt get àny answer from immigration what s happened
Take a look at the link at right called Asylum Office Scheduling Bulletin. It will tell you who is being interviewed in your office. If they passed your date, you should contact them (contact info can be found if you follow the link called Asylum Office Locator). Take care, Jason
Hi Jason,
My case submitted on March 2016 when do you think it will take place for an intervie ?
Appreciate your help
I do not know – check the link at right called Asylum Office Scheduling Bulletin. It will give you some idea. Take care, Jason
Dear ,
I have an asylum case in Missouri with pending decision I did my interview on Dec 2014 , my question is ( If i am allow to move to another state Rhode Island , did I have to notice the immigration before I leave to got the approval ? Can you advice me please?
I live in Missouri
If you move, you need to inform the Asylum Office by giving them a form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi Jason I really appreciate your help and advice to such a needy persons
your opinion and advise really help us alot Jason I have a question
I have applied for asylum on 15 oct 2015 but did some mistake left some blank column twice then it returned somehow they accept it i got my finger print print date on 13 dec 2015 . I would to know when does the EAD 150 days clock starts it started on 15 oct 2015 or it starts from the finger print date 13 dec 2015 please explain .
Most likely it will start on December 13, 2015 when the case was accepted. You could try applying based on the October date, but it may be rejected (and it might take a few months to get rejected). If it is rejected, you can apply again, but you will need to explain on the second EAD application what happened. This should not be a problem, however. Finally, you might try emailing your local asylum office to see whether they can tell you when the clock started running. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you soo much Jason for your help GOD bless you.
Hi Jason
I applied for asylum about one year and three month ago and I did the fp with my family and finally got EAD and Ssn my case still pending waiting enterview can I continue my study in academic school if my I-20 extended form as student Denied ? Thanks for your help
That, I don’t know – you should talk to the school. However, if you have the EAD, you should be able to attend school with that. However, there are no rules about EADs and school, so you need to talk to the school itself. Most people with EADs seem to have no trouble enrolling. Take care, Jason
Dear Jashon,
Regarding to my issues before which you already answered me, there’s some updates:
I called Miami office and a lady answered mu call and she told me that the Clock has been stopped!!!
And she said I can’t make it running again until I do my interview which it may take longer than 2 years??? When I said to her what should I do to receive EAD to work ? She said i can’t do anything and i have to wait until my interview ??? How can I stay 2 years or more without work ??? It’s really so hard for me? Especially that I have a family? After that i called USCIS Customer service and they only give me an option to reopen it again and I believe if i do it they denied again for the third time.
Please kindly provided me with your best solution.
Note : I have a lowyer and she couldn’t solve it ?
Best regards
Ahmed.
I think they are making a mistake – the policy should be that the clock does not stop if you move. If you missed a fingerprint appointment, you should go immediately and hopefully that will help. Also, you should contact the USCIS Ombudsman’s office for help – there is a link at the right. They may be able to help, and this may be your best chance. If your lawyer is a member of AILA or some other local organization, maybe she can contact the asylum office using a liaison person – sometimes that can help as well. Good luck, Jason
My husband had a similar case. It was solved. Drive to miami.
My question regarding to EAD based on Asylum case which I submitted on many 5th 2015, the first EAD application i sent was on October 4th after i spent 153 days waiting and they denied my application the reason was that just 59 days elapsed in face that was 153 days. I submitted the inquiry and a month later i received the answer which was they denied my permanent resident which i didn’t ask for My inquire was about EAD.
I sent another EAD on January 21st 2016 month later they denied it again. Waiting to receive the explanation letter.
I would love to hear your answer.
Best regards
Ahmed
I do not know, but maybe the asylum clock has stopped (unless the clock reaches 150 days after you filed for asylum, you cannot get the EAD). If it did stop, this is possibly a mistake. The procedure about the clock has changed and it generally should not stop after the case is filed. I suggest you contact the local asylum office and ask about the clock (contact info for them can be found if you follow the link at right called Asylum Office Locator). Maybe they can help. Take care, Jason
Hi Jason
Thank you for giving us such a good information. Your information is really helping lots of people like me.
Jason, I have a question. My case is pending since 2013 . Already had a interview. I filed my case from Nebraska. Actually the thing is I went to dallas, texas for temporary and worked there for around 3 month but never changed my adderss still my permanent address is same as before in Nebraska.
Does it effect my case, if I worked out of Nebraska for temporary.
Do we have right to work outside the state.
Do you have any idea how to expedite the case?
Thanks in advance
susan
If you kept your permanent address, have a driver’s license there, and pay taxes there, then there should be no problem if you went to another state for a few months to work. As for expediting after the interview, there is not much to do. You can contact the Ombudsman (a link is at the right). You can file a mandamus lawsuit. Otherwise, there is not much else that is effective. Take care, Jason
hello Jason,
My wife and I we moved to new mexico but our case still pending in chicago Asylum office and my address is still in Wisconsin. my question is possible me to apply a Driving permit to new mexico? he can’t affect my case?
It could affect your case – You are required to inform the asylum office if you move, and so if you change your driver’s license, it is strong evidence that you have moved. If the asylum office knows about that, they might think you are lying about your address to them. If they think you are lying about that, they may not believe the substantive parts of your case. It is possible that if you change your license but keep your “permanent” address in WI, you can avoid moving your case, but that seems risky to me, and probably you should talk to a lawyer if you want to try that. Take care, Jason
Hi Jason. I have a question me and my family apply for assylum.6 years ago. Funny enough we never miss any court date.but never iinterviewed.now case is on pending we don’t know why.any advice on what to do thanks.
I don’t understand the question – is your case now in court? Maybe you need a lawyer to try to expedite or communicate with the government about the long delay. Take care, Jason
Hello Mr. Jason,
I have a question. I came to the USA as a student and I changed my religion to Christianity. Now, could you please tell me what kind of documents I need to show as proof for my asylum case as in my country it is very dangerous to go as a religion converted person.. Also, could you please tell me how long does it take to process the case.
I do not know the timing – you can check the Asylum Office Scheduling Bulletin (link at right) for some idea. Fro documents, you need proof of conversion – letters from the church, photos, Baptism certificate, etc. I do not know about the specifics of the case, so there may be other documents that would help as well. If you can afford to talk to a lawyer about this, it is probably worth the money. Take care, Jason
hello Jason,
I was wondering is there a form I can fill to send to Ombudsman or is it wise to contact the Ombudsman through email? If reaching the office through email is a good idea can you help with ideas of what to include in the letter because it is now 2 years and 5 five months I haven’t heard about my asylum case decision. Thanks,
If you go to their website, they have an on-line form; that is the only way to contact them. I think you can explain how long your case was delayed and ask them for help. I am not sure how helpful they will be, but it is worth a try, as sometimes this makes a difference. Good luck, Jason
Dear Jason,
We appreciate your support and we do thank you.
I applied for Asylum, received date on the receipt is May 5th 2015, after that i moved from Denver to Orlando and i did the FP in Orlando May 20th 2015, after 150 days i sent my EAD application on October 5th, they denied it and the results ” because just 59 eclipsed ” ??? May 5th to October 5th 2015 ?
Please advise.
God bless you
Best regards
Ahmed
Sometimes, they stop counting days when you move, but in your case, the timing does not make sense. Something seems to be wrong, though. You should contact (or go in person) to your local asylum office, which I think is Miami (check the link at right – Asylum Office Locator), and tell them about this problem. They should fix it. You can also contact the Ombudsman (a link is at the right) and they may be able to help too, but they will likely be slower. Good luck, Jason
hello Jason,
I would like to ask if I contact Ombudsman I will do another interview?
That has nothing to do with another interview – the Ombudsman’s job is to help if a case is delayed or if there is some other problem. They do not interview you, and contacting them does not lead to another interview. Take care, Jason
Hello Jason,
My husband applied a Asylum case in 2013 he put me as depend to is case now I find a job as minister pastor at United Methodist church my church the want to sponsor me to get a R visa. My is this it possible me do that when my husband case is pending?
It may be possible, but you might need to leave the US for that to happen, which can sometimes create problems (like being unable to return). You need to talk to a lawyer about this so the lawyer can understand the specifics of your case. Take care, Jason
Hello Jason
Thank you very much for helping us by replying our question
I Had applied asylum on Jan 2013 and had my interview on may 2013.
interview went well and she said I will get the result on mail.
After 2 years on I got the 2nd finger print notice.
Did my 2nd finger print on may 1st 2015
I heard they need 2nd finger print before they give the decision.
Its been more then 7 months but I haven’t get anything update from them.
Do you have any idea what’s going on? Why they take my 2nd finger print and still no update on my case.
Can you suggest me something that helps me to get the decision fast?
Thank you
I do not know if a 2nd FP means a decision is coming. We have seen that happen, but we have also seen people keep waiting. In generally, FP are good for 15 months and then they request another FP appointment, so maybe that is what happened. I think there is no harm in contacting them to see if there is any news. You can email them – their emailed can be found by following the link at right Asylum Office Locator. Take care, Jason
Hi Jason,
How are you?
My husband and I applied for asylum and it’s been pending for two years. During that time I finished my school and did my Optional Practical Training. Now, I applied for my EAD card as an asylum applicant and still did not receive it. My question is:
1. my I-20 has expired December 20th, 2015, I don’t know if I should just wait for my EAD card or change my status to F-2 since my husband is still student?
2. My first EAD I applied as an Optional Practical Training and second one I applied as an asylum applicant,( cause at first time we didn’t know spouse also can apply for EAD card). Do you think they will approve my EAD? Cause it’s been almost 3months and I didn’t get any approval notice.
Thanks in advance,
Geena
The EADs are usually taking about 4 months these days. Whether to change to an F-2 is up to you. It will only matter if your case is denied. If you are in-status and it is denied, you will get a detailed explanation for the denial and you can respond and try to get USCIS to change its mind. If they don’t, your case will be denied and you will continue staying here as an F-2, as if you had not applied for asylum. If you are out of status when the case is denied, USCIS will give you a brief explanation for the denial and send your case to court, where you can apply again for asylum (in court, either your case will be granted or the judge will order you deported). Also, if you apply for an F-2, it is possible USCIS will deny the application because you have an asylum case pending, but probably it will be approved. Take care, Jason
Hello,
How long does it usually take when they put you on a short list?
Thank you,
It is very variable (at least in the Virginia office, which is the one I know best). It could be a few months, but these days, it seems like it is not much faster than the regular queue. Take care, Jason
Hi . Jason, can I file for my EAD after 180 days without repercussions?
Yes – people do that all the time. And if you do not want the EAD, you do not have to file for it (some people do not need it, as they have an EAD from another source, for example). Take care, Jason
Hi! Dear,
I Have interviewd after four year waiting time.the officers respond me”lack of material consistancy” and refer to court. what do mean that? what is the next steps should I follow? Please, provide your valuable and consructive advice inconnection withith the subject.
It means that the Asylum Officer did not believe you were telling the truth about your case because you made inconsistent statements (according to the officer). You will have to present your case again before the Immigration Judge, which means more delay. Good luck, Jason
Hello Jason,
I have more than 150 days since I have received the receipt of the acceptance of my asylum application. According to what a read, I am eligible to apply for the EAD. Question, what evidences do I have to send with the Form I-765 ? would you mind telling me the address to apply for the EAD ( by mail or e mail)?
Thank you in advance for your response.
You just have to follow the instructions on the form – you can find it at http://www.uscis.gov, on the forms page. The form is the I-765. Take care, Jason
My name is ousmane i applied for my asylum case and it was received on october 27 when could expect to have an interview date
Check the Asylum Office Scheduling Bulletin – a link is at right and this may give you a very rough idea about when to expect the interview. Take care, Jason