These days, I feel a bit like a broken record: Delay, delay, delay. It’s all I seem to write about (and what I spend much of my work day dealing with). But it is the big issue with asylum cases, both in the Asylum Office and the Immigration Court, and so it is on everyone’s mind. Today I want to talk about delay at the Asylum Office and what can be done about it.
Most recently, the Asylum Office changed its policy and is now interviewing old cases before new cases. This means that new cases will probably take one to two years before the interview. Previously-filed cases will be interviewed in the order that they were received by the Asylum Office. Our oldest backlog cases–filed in April 2013–have just been scheduled for interviews, so we are starting to see the effect of the new policy.
Anyway, let’s get to it. If your case is delayed, what can you do about it? There are several actions you can take to try to get a faster interview date. None of them is guaranteed to work, but–depending on your circumstances–some may be worth a try.
Short List: You can put your case on the “short list.” The short list is a list of people who will be contacted for an interview if another case is canceled. In my local Asylum Office (Virginia), there are approximately 250 cases on the short list. The Asylum Office interviews about 10 such cases per month, so the “short list” is not very short or very fast. When your name is called, you may not have much notice before the interview (for example, the Asylum Office could call you today and tell you to appear for an interview tomorrow). For this reason, when you put your name on the short list, your case should be complete and all documents should be submitted. This is particularly crucial if your Asylum Office–like mine–requires all documents to be submitted at least one week prior to the interview.
Once your name is on the short list, the Asylum Office will eventually contact you for an interview. In the event that you are called, but cannot attend, there is no penalty. However, your name will go to the back of the line, so probably you will not be called again for some time.
The bottom line here is that the short list may be a way to get an earlier interview date, but it is not all that fast. So it is certainly not a perfect solution. On the other hand, there really is no downside to putting your name on the short list, so if you would like to move your case faster, this is a good first step.
Request to Expedite: If you have a medical, family, professional, or other emergency or need, you can ask the Asylum Office to expedite your case. We have had mixed luck with this option. We’ve tried to expedite for several people where they had family members overseas who were facing problems. For most of these cases, the Asylum Office did not expedite, but for a few, it did. We were able to expedite a case where the client had cancer. We’ve also had luck expediting a case where the client needed to obtain status for professional reasons. In short, our success at expediting cases seems to have little relationship to the seriousness of the client’s problem.
If you want to expedite your case, you need to contact the Asylum Office and ask to expedite. You need to explain why you want to expedite and include some evidence–such as a doctor’s note–about the reason you want the case expedited. Again, we’ve had very mixed success with getting our clients’ cases expedited, but there really is no down side to trying.
Congress: You can contact your local Congressional Representative to ask for help with your case. You can find contact information for your local Representative here and for your state’s Senators here. Generally, in my experience, this option has not been effective at getting a faster interview date, but there is no harm in trying. If you have a U.S. citizen friend (or church group or other group) who can make this request for you, it may be more effective.
DHS Ombudsman: You can inquire with the DHS Ombudsman’s office about your case. This office exists to assist people who have problem cases. The Ombudsman’s website is here. I have a high opinion of the Ombudsman’s office, and they do want to help, but I think their ability to make cases go faster is very limited. I doubt they will be able to help make a case faster under ordinary circumstances. But perhaps if you have tried to expedite due to an emergency, and you have not had success, they could assist you.
Mandamus: You can file a Mandamus lawsuit against the Asylum Office. In a Mandamus lawsuit, you sue the Asylum Office and ask the Judge to order the Asylum Office to do its job (process your case). I have never done this, but I have heard about some applicants successfully suing the Asylum Office. Generally, the Asylum Office will not want to waste resources fighting Mandamus suits, so they might agree to process the case rather than fight the lawsuit. As I see it, the two downsides to this are: (1) There is not a strong legal basis to force the Asylum Office to process a person’s case. The regulations generally require asylum cases to be processed in less than six months, but there are broad exceptions to this time frame, and the Asylum Office can rely on those exceptions to process cases more slowly. Although the suits may not be very strong legally, they can still succeed where the Asylum Office would rather interview the applicant than fight the lawsuit; and (2) It can be expensive to hire an attorney to process a Mandamus lawsuit. For applicants who can afford this approach, however, it might offer a way to make things faster (though it will surely not enamor you to the Asylum Office).
To learn more about your options, you may want to contact your local Asylum Office. Contact information about your office can be found here. There is no magic solution to delay at the Asylum Office, but I hope that some of these suggestions will be helpful. If you have had success with these or other ideas, please let us know.
hi JAZON
THANK YOU FOR YOUR INFORMATIONS ABOUT ASYLUM, I APPLIED IN JANUARY 2014; DID FINGERPRINTS END OF JANUARY 2014, I APPLIED WITH ANAHEIM OFFICE, I AM IN LOS ANGELES, WHO LONG DO u THINK I HAVE TO WAIT AGAIN FOR INTERVIEW?
I don’t know the time from there, but my understanding is that it is slower than there (Virginia). My cases from July 2013 are currently being scheduled. My guess is that you will be waiting at least 6 more months, and probably longer. Good luck, Jason
thank you Jason for your quick reply, i want ask you a question, suppose i am granted asylum today, and i want to petition for my kids who are back home in africa, who long do i have to wait to petition them (from the moment i am granted)? suppose again i submit the petition today, how long do i have to wait to have them here in usa?
You can petition for them immediately after you are granted (using form I-730). Processing times vary, but we have seen the entire process (from petition to arrival in the US) take between 6 months and maybe a bit over a year. Good luck, Jason
THANK YOU SO MUCH JASON, AT LIST I HAVE AN IDEA ABOUT THAT, SO LET ME WAIT FOR MY INTERVIEW, I BELIEVE IT WILL COME ONE DAY EVEN IF IT IS TAKING LONG, IT’S NOW ONE YEAR AND FIVE MONTHS SINCE I FILED FOR ASYLUM. REALLY IT’S TOO LONG JASON, THANK YOU FOR YOUR CLARIFICATION.
Hi Jason,
Thanks for your help, when ever I open your site, I’ have hope.
This is not the first time I write for you, but I think I wasn’t clear the first time.
I’m from Iraq, and came here on a visit visa in 2012 and applied for asylum, I had an interview appointment in Virginia, but when I attended, the officer had stopped the interview because it was located in the wrong area so she transferred my case to Chicago office.
Since then (2012) I’m waiting for another appointment.
After a year, I filled I-765 form but got dined because they stopped my clock on the date of interview which was 6o day, also I send letters to the office the answer each time was, your case is still pending.
When do you think I’ll get an interview? and do you think there is a hope if I apply once more for work permission?
Thanks
Doha
It seems you have been waiting a long time. I think you should contact the asylum office to check the status of your case. If they do not help you, maybe try the Ombudsman’s office – it seems to me that it is taking too long. Good luck, Jason
Thanks Jason for the fast reply, I really appreciate your help.
I called the asylum office before and they told me that I have to wait there is a lot cases pending like me, or they will tell me to send a letter although I have send letter before two months I didn’t get a reply for.
I’ll try the ombudsman’s office like you said.
Thanks again
Please let me know if you have any luck with the Ombudsman – Thank you
I have been referred to Immigration court by the Arlington Asylum Court which according to my lawyer, I am deemed illegal. Then my family applied for the Temporary Protective Status for Liberia due to the Ebola crisis in West Africa. Can I use my TPS status as being legal and process Adjustment of status through the Diversity Lottery Program that my family won last year? Or Can I not do anything about any other adjustment process once am sent to court?
Oy. That is a tricky question. I do not know, and we have problems taking advantage of the DV lottery for people in the US. Nevertheless, it might work. I suggest you have your lawyer research whether it is possible (if the lawyer cannot do that, then you need a new lawyer – you need an answer to that question). Good luck, Jason
Hi Jason . ..im really in a bad need to your advise..me and my husband applied for asylum in oct 2013 and since then waiting for interview . My kids are american but all our resources almost gone im really depressed that i started to think to go back home taking serious risk back there but my problem is my husband wants to stay here and keeping the kids with him ..my question is if i returned im not gonna be able to reenter the states even if my kids still here . Do u have any idea how long coulf it take more before i go back home if we made the interview?
The point of asylum is to not return home, and if you do go back, you could lose your asylum status. If you leave here and want to return, you might have difficulties coming back – even if your children are here. I recommend you talk to a lawyer about your specific situation before you make any decisions. It is a very difficult time for many people and I wish you good luck, Jason
Hi Jason,
I am from Somalia been living in Seattle,WA for 3 years now.I applied asylum on march 2014 and since then there has not been any interviews.Is there any problem with the application and how can I make things faster? I use to go to college but now i can not afford going, is there anyway i might get help paying my tuition through the financial aid?
Thanks.
Maybe ask the college if they have a list of scholarships. Otherwise, I know of no way. In this post, I discuss my ideas for making the case faster. Unfortunately, nothing seems to work very well. If you are concerned about the status of the case, you can always contact the asylum office to make sure it is still pending. Good luck, Jason
Hi Jason! I am aware that the interview process has been delayed and I might have to wait longer. However, I filed my assylum application on October 2014 at Arlington office, but have not heard anyhting beside my biometrics done within couple weeks. I have filed for my EAD after 150 days and it’s been more than 30 days since filing EAD application, but haven’t got any decision yet on it either. Does this mean I am eligible for interim EAD (per info found while googling, but have no clear idea what it is and how it is different from the EAD I am suppose to get ).My OPT ended on Feb 2015, and have not gone back to school since then. While I am waiting, I am still working without an EAD (I pay tax and everything- which I should have not done, but had no choices). Is this the reason why I haven’t recieved any decission? So, what would be my current status? Am I consider illegal? If not, am I able to join universities again in MD/VA/DC area with pending assylum ? How will my act of working without proper EAD affect my assylum application?
Thanks
Working without an EAD should not affect your asylum. The EADs have been delayed (I wrote a post about that a few weeks ago). Hopefully you will get it soon, but in many cases they are taking more than 90 days. Your status is asylum pending – you would have to check with the university as to whether they will allow you to attend, but once you have the EAD, you should be able to attend.
Hi Jason, I applied asylum on july 2014 from SF california, have not received interview notice yet, I have applied ead though. I did not include my wife under derivative under application, but just mentioned she is my wife. She is out of status from f1 now. Just incase in future when or if my asylum is granted, can i still petition her even if she is out of status?
Even if she is out of status, you can petition for her if your case is granted. You might also be able to add her to your case now so that she can also get an EAD. Contact your asylum office to ask them how to add her if you want. good luck, Jason
thanks for the response Jason. But i have one more concern, can i still add her now even she lives in another state. I mean she rents a apartment with her relatives under her name too in the apartment in a different state. Please help on this. Also how likely are the odds of the petition getting approved compared to her being in status and out of status?
If she is here, you can probably add her – I do not think it matters what state she lives in. Like I say, you should ask the asylum office itself about adding her. Theoretically at least, it should not affect the odds of success whether a person is in or out of status. If they are in status, you receive a more detailed explanation for the denial and you have a chance to rebut it, so maybe that gives the “in status” person a better chance for success.
Dear Jason, thanks for all information you give us.
I just one to ask you the current interviewing of USCIS. What month of applications are interviewing right these days?
Thanks!!!!
It depends what office you are in. In Arlington, VA, they are interviewing June 2013 cases.
Thanks for your fast responses.
Of course my case is in Arlington and I filled at the beginning of February 2015.
Yes, my impression is that you will wait at least six months, but it could also easily be a year or more. It is not predictable. Good luck, Jason
Hi Jason,
Thanks a lot for your informative blog.
We actually had our interview in Chicago office on Jan, 2013 and it is still pending since then!
We contacted their office many times, contacted a congressman, a senator, filed for expedite and finally contacted the Ombudsman office.
Today we received a letter from the USCIS asking us for a second finger prints!
Do you think that is a good sign or that we shouldn’t get our hopes so high?
I hope it is a good sign, but don’t get your hopes too high. In some of our cases, clients received such a notice. Sometimes, there was a decision; other times not. Hopefully, you will get a decision, as you have been waiting a long time. Good luck, Jason
Hi Jason,
My TPS expired on 3/31/2015. I applied for renewal last February and still waiting for TPS and EAD renewal. I applied for Asylum in NY since October 2013 and, also, still waiting for the interview. I work as a Physical Therapist (PT) in a PT office. The owner offered to sponsor me for EB2 “green card”. My question is do I have to withdraw my Asylum application or I still can file for adjustment of status to EB2 while I have pending asylum application.
It depends on whether you are still “in status”. I do not remember whether TPS is considered “in status” for this purpose. Presumably, you will need a lawyer to do the EB2 case, and if so, he or she can check that before starting the process.
is TPS generally considered “in status”. do you handle such cases or do you recommend another lawyer?
and what about the asylum application? should I withdraw it?
I am not sure whether TPS is considered in status for purposes of adjusting status or changing to another non-immigrant visa. I could do the research on that or you might ask around for a lawyer who does more TPS cases than me.
Go ahead and let your employer sponsor you, you do not need to withdraw your asylum case, your status is legal because your asylum case is pending, and because TPS is still on for your country and the delay in renewing your TPS and EAD is due to backlog and some technical issues.
Hi jason , me and my husband applied for asylum in april of 2013 and we jus gave our interview on the 16th of april 2015 . Wr waited for 2 years for our interview and we are glad it finally came and we gave our best in the interview. My question is that my fingerprints expired on the 16 of april the day my interview took place . And my husbands fingerprints were already renewed before the interview since he hd already received a new biometric notice . The officer after the interview mentioned she would aend a request for my biometrics so tht i could go and give it but i still have not received any notice regarding my second biometrics and i am Worried that if my biometrics does not come in time they wont be able to take a decision by the 30th of april which is the day they told us to come to pick up the decision. plz help me and out and let me know what my options are . I even tried going to the biometric place for my fingerprint but without the notice they wont let me take it . So i dont know if i shoukd go to the uscis again or just wait for my notice to come in the mail .
I would contact the asylum office – either by phone (if they answer), by email or in person. You can find contact info on each asylum office here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ZSY. If you know the name or number of your asylum officer, you should mention it and tell them that you have not received a biometrics appointment.
Hi plz im waiting interview for my asylum case with which office you did interview
Hi jason,
Nice work you are doing, giving applicants more information based on thier pending cases.
My case has been pending since July 2014 but got my EAD in Jan this year.
I came on an F-1 visa in May 2014 and only went to school briefly in summer last year and each time i go to the USCIS office, they always still say im still on my F-1 status which is confusing.
Schools I try to apply to now dont accept me because they dont know what status I fall under even though I have my EAD and SSN which is confusing to me too.
I also want to know if my lawyer will also get a notice when im being called for an interview
Both you and your lawyer should get a notice for the interview, so make sure you update your address with the asylum office if you move. Also, for people with an F-1, they are probably still considered in F-1 status until the government reviews your situation and determines that you are not attending school. However, because you did not attend school, you would need to re-instate your status if you want to attend school again based on the F-1. I think it will be difficult to do that, but you can discuss with your lawyer. Also, you should be able to attend school based on the EAD. You will need to discuss that with the school, but many of my clients attend with the EAD and no other status. Good luck, Jason
Hi Jason,
thanks for taking the time to address our questions, your help is invaluable. My sister applied for sylum in November, completed fingerprints in December. Since then we’ve not heard from the Newark office. I filled for asylum in 2009 from Arizona and it took two weeks from the time I applied to get my fingerprints notice and interview letter. I recently met someone who said they have been waiting for two years to get an interview from the Newark NJ office because of the backlog! This really breaks my heart. My question is can I transfer her case to another state that doesn’t have as much wait time? Thanks for your time.
The backlog exists in asylum offices across the US, so I do not think there is anywhere you can go that will make much difference. Based on my anecdotal experience, the fastest offices were usually Newark, Chicago, and Virginia. However, if you look at the statistics on Newark, it seems to have a larger backlog than other places. However, since I do not know how many officers work in Newark, I really can’t say whether it is slower than other places. Unless she plans to move anyway, your sister is probably better off remaining in Newark, as a move most likely will not help. Good luck, Jason
Hi Mr Jason
thank you for information and i would to help us by answering questions . i would to ask how can office (houston) did interviews for cases applied in 2015 jan and feb instead of scheduling old cases my case from nov 2014 ? as that possible after last notice of uscis that told by website of make schedule for interviews by order from past to new ?
My understanding is that all asylum offices are doing old cases before new cases. However, some case (of children, for example or cases that have been rescheduled) may take priority over old cases.
Hi all,
One of my friend in North California got interview date for last week of April 2015. He had applied in April 2013. Its good news for California’s applicants.
Can you guess it how many asylum case interview per a month?
Each asylum office is different, but the office sometimes publish their statistics. Maybe you could email your local asylum office to ask them.
Dear Jason,
Thanks alot for all your help. My wife is included in my asylum and i am still waiting for my interview while my fingerprints and all the other necessities are done from my end. A week ago i received a mail from the embassy asking for the copies of my wife’s passport who is back home in Pakistan.
What do you suggest? Is it under process or i have another way of bringing my wife to the U.S??
Please kindly respond.
Please
I do not understand your question. If your wife is in Pakistan, she is not part of your asylum application. If you win asylum, you can bring her later. If she is trying to come here as a visitor, it may be more difficult if the Embassy knows that you (her husband) have applied for asylum.
Thanks for sharing your broad knowledge and extensive experience in this blog with us.
I’m Syrian applied for Asylum Dec-2012, I was interview in Jan-2013 and I’m still waiting for a decision since then.
I’ve visited the field office many times they always say the same thing “Pending” and “NO TIME FRAME”, they do not give any information over the phone and they always ask me to visit for an inquiry.
I filed an application with DHS Ombudsman, they never responded.
What could I do to get a decision, or at least make them give a time frame?
How can I travel abroad having no emergency? my only emergency is seeing my family i have not seen in four years, and I am not visiting my home country , of course.
Thanks a bunch, I appreciate taking time to respond.
Your situation is very frustrating. For what it’s worth, there are many people suffering in the same way. Like you, I also do not understand why they cannot at least give a time frame for the decision, or tell us whether a case is on some type of indefinite hold. You are legally eligible to travel outside the US with Advance Parole (form I-131). However, there are problems with the processing of this form (see my posting form January 27, 2015). You should not need an emergency to get the Advance Parole, though it seems USCIS wants you to explain why you need to travel. I think you should try again to contact the Ombudsman’s office. Normally, they do respond, so maybe something happened. You might also talk to a Congressperson’s office and – when you do – tell them that the Ombudsman has not responded. Maybe they could contact the Ombudsman. I wish you good luck, Jason
Hi Jason,
Thank you so much for you incredibly informative post and comment replies. I just discovered this website and it’s been way more insightful than what my lawyer been able to told me!
I filed my Asylum case in August 2014 and still waiting for my interview call without much hope or information. Reading through all the posts and comments totally helps be understand the situation much better. I’m now having my EAD card application pending. 2 months in, hope it will not take much longer than expected 90 days so I can start working next month.
I have a question for you. I filed the case for just myself but I’ve been planning to marry a girl from my home country here. She’ll travel here with B-1 visa and we’ll get marry here in the US. I’m wondering if it’s possible to update and include her to my filed application and have her as my sprouse? Or do I have to file the whole process all over again to include her? Also is it possible for asylee’s sprouse to travel back to the home country while asylum case is pending or when it is granted?
Looking forward for your reply, thank you so much for such a great site.
If she is here and you marry, you can add her to your application. Supposedly, she can even get a work permit at the same time as you (meaning, immediately). We have never done this, but we are in the process of adding a spouse for our client. I suggest you email the asylum office and ask them how to do it – in my case, they emailed me instructions about what to do. I do not know if the instructions are the same for each asylum office, so you should contact your own office. If your spouse plans to return to the home country, you should discuss it with your lawyer first, as it may impact your own case. Maybe it would be better not to add her to your case if that is the plan. As long as you are married before you receive a decision, she can get asylum with you (if she is added to your case, she gets it the same time as you; if she has not been added to your case, you can file an I-730 for her whether she is here or overseas, but you must be married BEFORE the case is granted). Good luck.
Thank you so much for super promptly reply. (you reply this faster than my lawyer would reply my email, lol) This is incredibly helpful information I’ll see what I can do. God bless you.
Hello Jason,
First of all let me congratulate for the work you are doing in this webpage, I’ve found some usefull information I wasn’t aware of.
My name is Robert and I am 29 years old. I have a couple of questions for you maybe you can help me.
I am from El Salvador and I am currently living here with my wife. Me and my wife have been victim of threats made by phone, they been to one of our business and wait for us to arrive, they also had us close a restaurant we owned last year and recently they have been trying to hurt us physically.
Thankfully these people haven’t been able to do us any harm yet and these threats are based specially because of my last name and because we come from a “rich” “wealthy” family.
The current goverment has founded in their followers hate against all “rich” people in the country and since my 2nd degree uncle was the president of this Country in 2004 and he allegedly took money from the country, we as their family are going to pay for all they did (this is what they are threating us with). I am currently afraid for my life and my wifes life and we are thinking about go to the united states and ask for asylum. I also have a job offer from an employeer and he told me that he can petition me for the h2b Visa.
Here are my questions:
What should I do?
Whats the best option for me and my wife?
Can I go the states and ask for asylum while this employeer files all the right paperwork for my H2B Visa?
Should I get the H2B Visa first and then ask for asylum?
Thank you for you help and we will appreciate any advices you can give us.
You will probably have a difficult time winning an asylum case based on persecution of “rich people.” But it sounds like you might have a good case based on political opinion (or imputed political opinion). You might want to more specifically consult with a lawyer to evaluate the case before you come here. If you come here on an H2B visa, you can file for asylum, but you would likely eventually lose your H2B visa and have to pursue only the asylum. If you came on an H1B visa, you could file for asylum and you could keep the H1B visa. Asylum is slow, and so probably if you came here and filed for asylum, your H2B would eventually expire and then you could apply for a work permit based on asylum pending.
Hi jason
Thanks for your kindess , i would like to ask you several questions . First i would like to tell you brief information about my case. I came as i minor in US illegaly through mexican-US border then i was detained in juvinile detention center which locates in chicago then i was released from the the detention center while i have reached 18 years old so i filled my case 4 weeks ago my questions is that
1: will there be delays case my case since i came US illegaly not by visa?
2: can i ask expedite request for interview i mean shortlist becouse i my case is strong also i am sick i have diagnosided post traumetic disorder . I am leaving a hard life i dont work also am living in homeless shelter where i am emotionaly harmed everday that is my health is deteriorating and i dont have family here in US so do i tell the asylum office about all this
Thank you jason
There are delays for everyone – it does not matter whether you entered legally or illegally. If your case is in court, it might go faster, as the government is trying to quickly get through cases of juveniles who entered the US recently. If you are at the Asylum Office, you can do the short list or ask to expedite, but the reasons you give seem to be similar to the problems of many other asylum seekers, so I do not know whether it will work. On the other hand, you can try, and the worst that should happen is that they do not expedite. Good luck, Jason
Also, you may want to look for a pro bono (free) attorney to help you. You can try contacting a local non profit like Catholic Charities. In the case of many young people, attorneys sometimes volunteer to help. This would make a big difference in your case, so it is worth looking into.
Hi,
Let me start by thanking you ,for a wonderful job ur doing to advise us may God bless you!!!
I submitted my Asylum application some times back in September ,2014 at Houston/Texas, two weeks later I was scheduled for a fingerprint since then I have never heard from then,I wrote an email to them I was told that the USCIS has received a significant increase number of nonaccompanied minors however I should wait ,I send my EAD application on Feb 2015 still wating ,I once again send a reminder few days a go ,I was told if I wish to be consider for call in list/Shorlist ,I should let them know kindly advise me on that
Secondly my 3 years daughter joined me here ,what step do i take since she is in my application as my dependent,will i be able to apply a social for her if I got my EAD? please shade some light!!!
I thank you
The EADs are delayed and many are taking more than 90 days. I will write a posting about that in the next few weeks. As for the short list and adding your child, you should contact the asylum office and ask their procedures, as it might be different from what we do here. You can find contact info here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ZSY. You should be able to add her to your case. Also, one point, if you do the short list, you need to be sure that you have submitted all documents to the asylum office before you put your name on the list. Good luck, Jason
Hi Jason,
Thank you for your interactive and prompt responses. I’m Syrian and on TPS now. I applied for Asylum in NYC since October 2013 and still waiting for the interview. Do you have an idea about the backlog in NY office and does being on TPS has a negative effect on my interview priority?
TPS should have no effect on the asylum case. I do not know about the backlog there, except that it seems bad. You might want to contact a local non-profit (like Catholic Charities) that may have an idea about the time frame in NY.
As I posted before, I am still waiting for interview as I applied in December last year and it seems like I will be filing for my work authorization in May. My question is, that I am currently in H1b which is expiring at the end of May and my 150 days to the filing are somewhat around 15th May to apply for EAD. I have a decent job on my H1 and I am an essential employee for the company, lot of consulting projects that I work on. To me it seems like that I have to stop my job by the end of May after my h1 expiry and wait for EAD to come. Would it be possible to expedite my EAD so that it does not impact my job?
I know of no way to expedite the EAD. Can you extend the H1B? Extending the H1B will not affect the asylum (and the asylum does not prevent you from extending the H1B).
I am at the end of line with my H1b this year. I did some research on other forums about EAD and found this link
http://www.uscis.gov/forms/expedite-criteria
It seems like people were able to expedite EAD based on financial hardship mainly.
Maybe I misunderstood – Once the 150 days have passed, you can file the I-765. You cannot do anything about the 150 days (and really, you actually have to wait 180 days; they just accept applications after 150 days). However, once you pass the 150 days and file the I-765, you can ask them to expedite the processing of the I-765. There is no harm in asking for this, but it is unlikely to work.
Hi Jason,
How are you? I applied for asylum in september 2013 in loma linda california, and uptil now i am waiting for my interview.
My wife is back in Pakistan and she is my dependant in the asylum, i can do nothing for her to arrive in the U.S before my asylum approves.
My wife has suggested me to come back.
What do you suggest.
Thanks
Peterson
It is a difficult situation. We have had clients return home due to the delay. The good news (if you can call it that) is that you should receive an interview pretty soon. In our local office, they are interviewing cases filed in June 2013. Maybe you can contact some non-profits in your area to see if they have a better idea about how long it takes in California (as I do not know). The bad news is that (1) there is no guarantee that you will receive a quick decision after the interview, though most of our cases from Pakistan did not wait very long; and (2) if your case is granted, you will then have to file the documents to bring your wife. This could take 6 months or more (or maybe less if you are lucky). I wish you good luck, and maybe if you get an interview, let us know, so we will have an idea about how things are working in California. Take care, Jason
Hi Jason,
My case is also pending from July 2013 where my daughter and wife were dependent applicant. Due to some family situations my wife and daughter are going back to home country and they will stay there until the asylum decision. My question is: Does it ruin my own application?
I do not know if it will ruin your asylum case, but it will certainly affect it. If you have a lawyer, you should discuss this change with him/her so you are prepared to explain it to the asylum officer at your interview. Good luck, Jason
Hi Jason, love reading your blog. I applied for asylum in April 2014 and I am still waiting for the interview. I wanted to find out if I am able to go to school or take classes while waiting. Also do you know the current waiting times in the Los Angeles area?
Thank you. I don’t know about the time frame, but my guess is that it is slower than my office (where they are processing cases from May 2013). If you have the work permit, you should be able to go to school. Good luck, Jason
Hi Jason,
I highly appreciate your efforts to guide peoples regarding asylum cases. I have couple of questions regarding my case,
1. I am from Pakistan and applied for asylum two times, initially in Aug 2014 but they sent me back my application after 2 months due to some errors, next time I hired a attorney and with his help I submitted my case in Jan 2015, I got notice for finger prints in couple of days, but since 2 month I didn’t get interview notice. Recently I get opportunity to work in a hospital, but they are asking for work permit. Is it possible that I write letter to asylum office regarding that job and request them to consider my case for interview?
2. I applied for political reason, I have new evidences regarding my case, I want to send these evidence to asylum office, is there any harm to do this?
3. I gave my friend address, now I want to change my address to pull up my case, What you suggest me for that?
I highly appreciate your response,
Thanks
You could request an earlier interview, but you must be sure that all your documents have been submitted to the asylum office. Also, you should submit evidence of the job offer and financial hardship. Maybe you will be lucky and they will expedite the case. As for the new evidence, it depends on the evidence, so I would show it to your attorney and get his opinion. You can change your address – you can submit a form AR-11 to the asylum office and to the address on the form (or you can submit the form to the asylum office and file it online). The form is at http://www.uscis.gov.
Hi Jason,
I have the same situation with my husband. He applied for an asylum in Jan 2015. He doesn’t have a work authorization yet. But he already found a job at some engineering and manufacturing firm, which supplies machines overseas and requires not only work authorization but ability to travel as well. In this case, along with official letter from the job, do we need to provide financial hardship as well? How would financial hardship look like?
thank you
Maybe you can show that you are about to lose your home or your car. Or maybe that you cannot afford your rent or food expenses. It will be difficult to advance your interview date on this basis, but you never know. Whatever way you can to show that you and your family are suffering, you can inform the asylum office and see whether it helps. Good luck, Jason
Hi Jason
You are doing wonderful as usual. I was hoping to write my good news at this time on this blog but still my case is pending. I explained earlier when you first post this topic and you can see how my challenges are from the old comment. My current question is it is now 8 months with recommended approval and i went to the Arlington office, the lady received my request then went to the back after she told me to wait ,i think she talked to my asylum officer (i see him coming out from the direction she goes in and went to his office) or may be the supervisor because my request was to talk to either the officer or supervisor. I waited more than an hour then while i was hoping good news she called me and told the usual answer it is under review and we will mail you the decision. How long? she said i don’t know, the worst thing that the asylum office is doing, at least knowing the time limit could help us and that could force them to work on it too but know if your case is in active just in active. You can do nothing. So now i am thinking the ombudsman office and asking you advice and experience if you do any case with the ombudsman before? I have applied my work permit renewal that too takes long and now i stopped working. By the way did you give hourly service, i mean if i pay for an hour can i talk to you at your office for that and if so how much? Thanks
I have used the Ombudsman only for some limited things, but they have been responsive. I recommend you try them, and if that does not work, you can give me a call. Normally, I am reluctant to take on a case that just involves delay, because there is not much I can do. However, if the Ombudsman does not help, and you want to try, we can discuss. Good luck, Jason
Hi Jason,
You are doing a great job
Thanks for the important informative blog
I applied for asylum in 2012 and had my interview after 66 days but it was in the wrong area so they stopped my interview and transferred my case to Chicago
So since then I have waiting for interview
They stopped my clock on 66 days
What do you think I can do ? And do you think I’ll have my interview soon
I would certainly contact the Chicago Asylum Office to ask about the case. You can find their email address here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ZSY. Good luck, Jason
Do you know the oldest date of backlog in seattle area. My husband applied in January 2013. coz in ur area oldest were around april if I am right and they are already being called. Btw your blog is such a great work and you are doing it all for free. It’s such a blessing. GOOD JOB.
Thank you. I am not sure about the time frame in Seattle, but your asylum office is San Francisco. As you can see from this link (look at the last page), there are over 8,000 pending cases in that office. This is more than the Virginia, and San Francisco received more new applicants each month than our office here. On the other hand, they also process more cases than our office. Overall, it looks to me like the waiting time in San Francisco is slower than Virginia, but your husband’s case is pretty old, and my guess is that he will not wait that much longer. Hopefully. Anyway, here is the link, for what it’s worth: http://www.uscis.gov/sites/default/files/USCIS/Outreach/PED-AffirmativeAsylum-Oct-Nov-Dec2014.pdf
Last week my wife submitted a request to our State senator, she called them after 2 days to confirm if their office received it (she faxed it). They confirmed that it has been received. Not sure now how long it will take for them to take any action on it. Should we follow-up again this week?
Sure – there is no time frame for these things. Hopefully, it will be helpful.
Hi Jason thanks really for the very helpful information, unfortunately I have submitted my application in March 7-2013 and till now I am still waiting for the interview with my family I have applied in Boston and belong to Vermont office as I think, I have emailed them before one year and they response that my case is in queue,as you said my friend he has applied after me and he already interviewed since he came after me to the country , I have the work permit for the second year now I have my family here with kids but you know the unknown future is awful so can you advise me what can I do because I think my case is in backlog
If your case was filed in March 2013, you will hopefully get an interview soon. Unfortunately, your office (Newark, NJ – but they do interviewed in Boston) has become very backlogged. More so than the NY office. In any case, since you filed at the beginning of the backlog, you will hopefully not wait much longer. Good luck, Jason
Dear Jason,
Thank you very much for creating such a great information source. I am also asylum seeker, applied at August 14, 2014, still no news about the interview date. I have couple of questions, would be deeply appreciated of you find a time to answer.
1. I was officially married when 8 month ago arrived to US together with my 10 years old son and applied for political asylum. I am still waiting for my interview. My wife refused to join us at that time and our relationships came to the end. Obviously I do not have any possibility to apply for divorce in my home country. Is there any law to terminate my marriage through divorce or annulment so I could get married in US?
2. On January 15, 2015 I’ve applied for EAD for myself and for my son. Obviously my 10 years old son is not going to work, but work authorization card can be used as an ID also, so I can get SSN for him. On March 9, 2015 I’ve got the Action Notice that my son’s work permit has been approved and they are going to mail his card anytime soon. I am checking the status of my own case online and there is no changes since January. I do not understand how it is possible? He is my dependent, goes under my asylum application, he needs me to work to provide him with normal living. What would be your advice in this case, how I could know why our applications were separated and what has happened to my work permit?
Thanks in advance.
As to question 1, I don’t know. You should talk to a divorce lawyer. My limited experience with divorce involving two countries is that it can be complicated and take a long time. As to question 2, we have seen problems like this before. There may be nothing you can do that helps, but you can try two things – Call USCIS and ask about the status of the I-765, and second, make an Info Pass appointment to go in person and ask (make an appointment at http://www.uscis.gov). Good luck, Jason
Hi Jason, you are doing a great job taking out your previous time and helping so many people. I got my finger prints and interview all done in a months time at San Francisco office. Starting from Dec 1 2014 to Jan 8 2015. Result was to be given on Jan 21st. I have a strong case related to Shia Genocide. And then as my other friends experienced my attorney got a phone call that the decision will be mailed to me. So the delay is now reaching a period of almost 2 months. I know you have already answered to this question and told that no one has any control and there is no set mechanism to tell how long does security and background checks take. What is now best option to do other than sit back and wait. I can bring some revenue to US from my home country and also wish to contribute to the society by investing in business but am barred from any activity until I get a positive decision. Any advice for me sir ?
If you have your work permit, you can work, start a business, go to school, etc. It is common to have long delays from countries like Iraq and Afghanistan. Syria has been less bad, but some people have had long delays. If you face some type of emergency, maybe let the asylum office know. I don’t know if it will help, but it won’t hurt. Good luck, Jason
Thanks for the prompt reply sir. Does being in status is a factor to a delayed case.
In our experience, whether a person is in-status or out of status, it does not affect the length of delay. Take care, Jason
Hi Jason, hope you are good. I wanted to ask; can my wife apply for EAD being a derivative on my case or is she not allowed to work.
Secondly do you know of any case that has got a decision (acceptance or denial) recently like in the period from January to March 2015 ?
Also, do we apply for a green card after 1 year of decision or after 1 year for filling the case/interview, say if we can an approval withing 12 months of applying.
Thanks for being here for all of us Jason. God bless you !
Your dependent who applied with you can apply for the EAD at the same time as you, so it sounds like she can apply. If you win asylum, you have to wait one year and then you can file for the green card (actually you can mail the green card application 11 months after you win your case). Decisions in our office are coming slowly. We have gotten some approvals lately. This week, we received a recommended approval, so we are seeing some movement, but not enough.
Hi Mr.Jason,
thanks for the good information. But I’d like to know how can I put my name on the “short list” ?
Just contact your asylum office by email and tell them to put you on the short list – a link is provided in the above post.
Hi Jason,
I have applied in Arlington on February 2nd, 2015 and also finished fingerprint.
We heard that new cases will wait longer time.
But somebody told me that new cases are also interviewed parallelly, is that right? or just no ground?
Secondly, I read from your previous post that in Arlington office, the old cases who filed in April 2013 are already scheduled for interview. How is the progress and how may time would it take for me to be interviewed approximately?
Thanks in advance!!!!!
I have not heard that new cases will be heard parallel to old cases, and that has not been our experience. My cases from May 2013 are currently scheduled for interviews in the next few weeks, so things are moving along. How long until the reach cases from 2015, I don’t know. My guess is that it will be over one year, but if they hire new people as they said they would, maybe it will be sooner. Good luck, Jason
Thanks Jason for your help
Jason, can you handle cases in Chicago as an Artoney, can i hire you for further assistance? can we talk?
We do cases in Chicago. Feel free to call me and we can discuss. You can call anytime this week, except today, as I have to get ready to teach a class. My best number is 202-328-1353.
Ok, got it! Thanks!
Hi Jason,
My EAD expires on July, 1, 2015. When should I send the application for renewal?
Thanks a lot. You’re very helpful!
Unfortunately, there are problems with renewing EADs and they are going slow. However, you are not supposed to submit it until 90 beforehand. I would submit it 90 days ahead of time, to give them the maximum time to process it, so by my math that is about April 2 or 3.
Thanks a lot for answering me but I read here that it should be 120 days ahead.
http://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document
What do you think?
Thanks
Thank you – I had always seen 90 days, but it looks like you are correct. In that case, I would file 120 days in advance to (hopefully) make sure that the new card is issued before the old one expires.
It says on their website 120 days
http://www.uscis.gov/green-card/green-card-processes-and-procedures/employment-authorization-document
What do you think?
Thank you very much.
Hi Jason,
You mentioned in your article above, “If you have a U.S. citizen friend (or church group or other group) who can make this request for you, it may be more effective.”
Why is that a U.S. citizen request might be more effective than a Senator or Congressman? My Uncle, who is a U.S citizen and served in US army for 20+ years, do you think a letter from him will be of any help. At the moment I am also writing to my state senator. Which one do you suggest?
Sorry, maybe that was not clear – I meant to say that the US citizen or church group could talk to the Congressperson; they might be more responsive to a citizen or a group than to a non-citizen (who does not vote). In your case, I think your uncle could contact the office for you, and they would pay attention to him.
Hi Jason ,
thank you so much for your valuable information ,
I applied in Chicago office in Dec 2013 , i got a work permit but i didnt have my interview yet , i am applying on my behalf only …based on your experience what time do you think i will have my interview ?
thanks ,
I don’t know – I think the oldest case we have in Chicago was filed in June 2013. It has still not been scheduled, so my guess is that you will be waiting at least a few more months. Good luck, Jason
do you have any info when the oldest case was filed in miami asylum office?
Sorry – I don’t know. You might want to check with some local non-profits, like Catholic Charities, as they may know.
Jason, I just looked at that link you gave re: EAD receipt in lieu of current EAD while I-765 pending, but it specifically says the receipt won’t work for an initial or renewal EAD, only if lost/damaged/stolen.
Still, i’m glad to get the link, it’s at least worth a try I suppose.
Thank you – I will look again. I have a hard copy of a document that is more explicit (from USCIS), but I have not found it on-line. I will look again and post about it if I find it. I really wish they would just make the EADs 2 years; it would save everyone a lot of trouble.
Patti – Again, thank you for letting me know (I will take down my previous comment). Here is verification that a receipt is NOT sufficient to work except where the EAD has been lost or stolen. Even then, the receipt is only valid for the validity period of the missing EAD: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCUQFjAB&url=http%3A%2F%2Fwww.uscis.gov%2Fsites%2Fdefault%2Ffiles%2FUSCIS%2FAbout%2520Us%2FElectronic%2520Reading%2520Room%2FCustomer%2520Service%2520Reference%2520Guide%2FEmployment_Authorization.pdf&ei=HKj4VIHOFYecNs7ZgagO&usg=AFQjCNHIuZFpcMnkAvEGSrjERlD3uJ-Xkw&sig2=NyWMGMsAglbbXCnzPWtu9A&bvm=bv.87519884,d.eXY (see page 9)
Hi Jonson,
how are you doing? thanks a lot for the information you post on this blog, there are really helpful. also, I have few questions for you. ” I was wondering if you know how much time it takes in these days to receive a work permit for an asylum seeker after she or he has applied for it? in addition, is it possible that the work permit can take more than done 30 days? if so, do you have any thoughts why it happens?”
Thanks you very much.
Have a nice day.
EADs have been slow (you will be shocked to hear). For many of our clients it is taking 2-3 months; sometimes more. The processing time on the USCIS website (for the Texas Service Center) indicates that it takes 3 weeks, but that has not been our experience. Good luck, Jason
Good day, Jason! God bless you! I appreciate all your efforts of helping us so much!
I am an asylum applicant since 4 of march 2014 ( tomorrow it will be a jubilee – one year!), my case is still pending, and I have two questions :
1. I transferred my case from NY( Rosedale) to Georgia(Arlington), because I’ve decided to move.and my first question is- where will be an interview? ( Atlanta or Arlington)
2. I want to put my case on the “short list”, how can I do it? ( I tried to write them a letter two months ago, but didn’t get an answer)
Thank you so much again, wish you good luck!
Actually, I am not sure where your interview will be. We have had cases from North and South Carolina, and they were interviewed in Arlington. In this posting (above), I provide a link to the asylum offices. If you follow the link, you can find the email address for Arlington Asylum Office. Usually, they respond to email, even if it takes a few weeks. I would email them about your question, and you can also put your case on the short list via email. Just make sure the case is complete and you are ready to go, so if you are called, you are ready.
Good morning , Jason! Thanks a lot for responding me back. Today I’ll try mail them again. I have one more question- in autumn I took part in DV Lottery 2016, what will happen if I win it? Am I eligible to get it?
Have a good day!
You may want to email them, not mail them. As for the DV lottery, if you are no longer “in status”, the only way to get your green card is by leaving the US, which can create other problems. If you win, I highly recommend you consult with a lawyer to get you through the process.
Dear Jason,
I really appreciate your insightful, guiding and informative blog. I am planning to apply for asylum in Arlington office (hopefully you as my attorney). Considering the new policy, it would probably take longer time to be granted or denied asylum. If granted, it would take close to 5 years more to hold a green card and be able to visit my families back home. My question is: if I married to US citizen after applying for asylum, can the asylum issue would affect my status? Due to serious family issue, can I travel to the country I was persecuted by taking my own risks? If I did travel, is there any possibility that I would be banned from entering the US due to the asylum case? Thanks a lot, Alex
If you receive asylum, you can travel back to your home country, but it could cause problems for you. If you have to go back, you should talk to a lawyer first, as there are things you can do to reduce the risk. Also, if you win asylum, you can apply for the green card after one year, and four years after you get the green card, you can apply to be a US citizen. Once you are a citizen, it is safer for immigration purposes to travel back. If you file for asylum and your case is pending, and them you marry a US citizen and get your green card, you can cancel the asylum case and you should be able to travel back home like any other green card holder. You should talk to a lawyer before you do any of those things, in case there are other issues in your case.
better to contact with democrat senator i think. I personally dislike both parties but it is what it is. Unfortunately, there are only two ruling parties. Anyway, i ll share my experience with you. I have asked both senators from Florida. Bill Nelson (d) and Marco Rubio (r). Nelson always replied back no later than 6 weeks. Rubio’s assistant never replied back and its over 2 months I am still waiting. So looks like don’t wait for help from repubs but before elections they are ready to kiss your boots.
I won’t disagree. In my experience, though, it has been less about D or R, and more about the individual office. Some offices are just more willing to help than others. Not that any of them can really do too much, but maybe it is better than nothing.
You say there is no downside to the short list. But if being on the list means you are likely to have no more than a day or two’s notice of the interview, then you are likely to have no time to practice the interview before going in for the real thing. You can practice before receiving notice, of course, but the client is more likely to forget the practice questions and your advice if his last practice interview was months ago. I’m not sure that an unrehearsed interview now is as good as a well-rehearsed interview later.
It’s a fair point, but if your client gets an interview and there is not enough time to practice beforehand, you can always decline the short-list interview. There is no harm in that (except possibly an annoyed client). But I agree with your main point, and I often tell my clients it is better to win a case slowly than lose a case quickly.
I filled to renew my EAD for pending asylum, and I got the notice that they received the case on Nov 26th 2014, on Feb. 20th I called USCIS for a service action, and the agent gave me a ticket number, and told me to call back on the 24th of Feb. I called back as my EAD expired on the 24th. The officer shocked me that there is nothing he can do, as I have to wait for 35 days before I ask for another service request or office meeting? Is there anything I can do, I am afraid that I will be fired, and is there any kind of ID that I can get without the EAD?
Thank you for your wonderful site
USCIS has been slow at renewing EADs, and it seems that you cannot work with only the receipt. See this document, page 9: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CCUQFjAB&url=http%3A%2F%2Fwww.uscis.gov%2Fsites%2Fdefault%2Ffiles%2FUSCIS%2FAbout%2520Us%2FElectronic%2520Reading%2520Room%2FCustomer%2520Service%2520Reference%2520Guide%2FEmployment_Authorization.pdf&ei=HKj4VIHOFYecNs7ZgagO&usg=AFQjCNHIuZFpcMnkAvEGSrjERlD3uJ-Xkw&sig2=NyWMGMsAglbbXCnzPWtu9A&bvm=bv.87519884,d.eXY
This is brilliant! thanks for this informative blog post.
Hi Jason,
Thanks a million for this informative blog!
We had our interview in Jan 2013. We contacted Chicago office three times since then only to get the frozen word “pending”. We also contacted a congressman and a senator. No luck either!
We want to request to expedite our decision on the basis of not being able to work for an available governmental position and for not being able to take a house loan in order to buy a house. We have corespondence with the two sides proving how these two issues got stuck due to our pending case.
Do you think that these two reasons are strong enough to convince Chicago office of expediting the decision,bif so is there a template for this kind of request?
Your site is extremely helpful for us desperate asyluees!
Thanks again
Thank you for the kind words. I think there is no harm in trying. However, compared to other reasons (separated family members, health problems), I don’t think your reasons are very strong. However, we have seen cases expedited for very compelling reasons and for less compelling reasons. Also, in this post, I was thinking more about people who had not yet been interviewed. But again, I guess my opinion is, you should try and see what happens, as there is no downside. Make sure to provide some evidence about the problems – like your CV to show what types of jobs you could get if your case were resolved. Good luck, and if it works, please let us know. Thank you, Jason