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 Jason, I checked my I_765 assylum status online and i saw A card has been produced and after then i saw case approved….please what does that mean
It probably just means that the work permit application was approved. When you get the card, if it lists category c-8, that means asylum pending. It is lists a-5, that means asylum approved. If it says a-5 and you have not received an approval letter, you should contact the asylum office to ask about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
hello
if my assylum case is pending but i decide to get married, how long does it take for me to process a marriage green card and what is the process
If you are marrying a US citizen and you are eligible to get your green card, the process involves the forms I-130 and I-485, available at http://www.uscis.gov. There are other forms as well. The process normally takes 8 to 10 months these days, but it can be slower for people with a pending asylum case. I recommend you talk to a lawyer to look at the specifics of your case and guide you through the process. Take care, Jason
Hi thank you for this information. I applied almost a year ago and after 4 months of saying that my application was accepted they sent me an interview date and when I went to the interview, the people there told me and my lawyer that the people that should interview me are not in the building and said that they will reschedule, but haven’t heard from them ever since and it has been almost a year. Any thoughts?
You should contact the asylum office and ask them about the delay. You can find their contact info if you follow the link at right called Asylum Office Locator. Your case seems to have been interviewed faster than normal, so maybe there is something going on with the case. Take care, Jason
Hi Jason
Firstly thank you for responding to so many people online.
Your website is a great help.
My husband and I have applied for asylum case in May 2017.
We have completed biometrics and finger printing.
Do you know as to when we can apply for EAD.
On the letter we received it says our application was accepted on 10 May 2017.
Do we have to wait for 90 days or 150 days?
Does the counting begin from the day the application recieived by the USCIS.
Can you help us understand how long we will need to wait for our first interview or hearing.
The case filed inclused my husband, myself and my child.
Thank you Jason!
You (and your family members) can file for the EAD 150 days after May 10, 2017, so on about October 10, 2017. As for the interview, no one really knows. You can check the Asylum Office Scheduling Bulletin – a link is at right – for some idea about the wait time. You can also try to expedite if you have a basis to do so. Take care, Jason
How do i check my status online
You cannot check the status of an asylum case on line. You can check the Asylum Office Scheduling Bulletin – a link is at right. Or you can contact the local office to ask about the status by following the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,my name is tolulope from nigeria myself and my family applied for EAD after waiting for 150 days pending assylum,we received the reciept of notice i want to ask if there is other things that we need to do before the EAD arrives
You will have to do a fingerprint appointment. Other than that, you can gather evidence for your case, but there is not much else to do. Take care, Jason
Hi Jason,
My name is Mona and i am from India. With my husbamd, we came to US during 2014 and it was one of our greatest experiences.
I travel a lot for my work inside India and a horrifying event happened with me one day. I was attacked by two men. They had devilish intentions towards me but with God’s grace i somehow managed to escape without any harm. I reported to the police about the incident but those two men could not be found till now. I am so scared to travel and be outside my home even if my husband is with me. On the worse when I headed news about all the gang rapes that are happening everyday somewhere in India, i felt like running away from this country. I sincerely wished to feel alive the way I felt while I was in US.
Do you think we will win asylum?
I will eagerly wait for your reply.
Best Regards
Mona
To win asylum, you would need to show that you cannot relocate anywhere in India and be safe, and that the government of India is unable and unwilling to protect you. I think you would have a difficult time showing that you cannot move to another location and be safe from those men, so unless there are other reasons you fear harm, I think it would be difficult for you to win based on these facts alone. If you are in the US and want to seek asylum, talk to a lawyer so the lawyer can evaluate your entire case and make a determination about whether you might qualify. Take care, Jason
Thank you so much for your time and prompt replies Jason. Thank you once again.
My asylum case is pending, if I were to marry a US citizen, Does that mean I hv to withdraw my asylum application? Or should I just put on hold? Please advice
It is probably safer to apply for the marriage-based green card and keep your asylum case going too. Once the GC is approved, then you can close your asylum case (that way, if something goes wrong with the marriage case, you still have asylum). However, it is not always possible to do that because USCIS needs to get your file from the asylum office. In any case, if you are eligible to do the marriage case, you can start the process and see how it progresses before you close the asylum case. Take care, Jason
Thank you for the advise. In case USCIS Requests my asylum application for marriage based green card application, does that mean I hv to close my asylum case? Basically, I am wondering if I can have my both applications going until one is approved. Again, Thank YOU.
You can keep both cases going until one is approved (or even until both are approved, since some people with a GC want asylum so they can get the refugee travel document). Sometimes, the GC case gets delayed because the asylum office has your file. If that happens, you may need to close the asylum case before the GC case is decided, but if you can keep both open until you get one or the other (or both), that is better. Take care, Jason
Hello Jason.
I had my interview regarding asylum two weeks ago. They told me to come two weeks later (which means today) to get an answer. I did… And they told me that they don’t have it yet, so it will be sent me via mail in 2-3 weeks. Why is it so? Is it possible that the fact that I didn’t get the answer right a way means it’s a “no” and my refugee status is rejected? Or what’s going on? I’ve heard people get the answer the same day they have an interview…
Thank you in advance for the answer!
You need to be patient you will get a response. It can takes few weeks or months. When did you apply for asylum?
Hi Alex.
I applied in February 2013.
What happened to you is very common, though normally they have the courtesy to call you before you make the trip to the asylum office. It does not mean anything good or bad for your decision. Also, it is very common to wait longer than 2 or 3 weeks – often because of security background checks. If you do not have a decision in a month or so, you can contact the asylum office to ask about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason.
Yes, I got a phone call from Anaheim (that is where their office located), but I missed it… So, I guess that’s why they called me – tell not to come:) So ok, it’s a common situation, have to wait now.
Thanks for the answer!
They should have left you a message, but what can you do? It is very common – it happens probably in 70 or 80% of our cases where the officer originally said to return in two weeks. Take care, Jason
Hi Jason. After applying for asylum and it’s still pending,
Can you change your status doing a EB-5 or Labor Certification?
Thanks in advance
Probably, but it would probably require you to leave the US and get your GC overseas. This may or may not be possible, depending on the case, and so you should talk to a lawyer about the specifics of the case. Take care, Jason
Hi Jasoon
Thank you for all
My wife applied for asylum 8month ago and now we have EAD card with 2 years validity
Now we wanna get divorce and I wanna to know what will happen for my USA immigration?after divorce my EAD card will expire?
If your wife filed for asylum and you are her dependent in that case, and then you get divorced, you will no longer be her dependent. You will lose your EAD and you will no longer have an asylum case pending. Maybe you have some other immigration status, or maybe you want to apply for asylum on your own. I recommend you consult with an immigration lawyer about the situation to decide what is best for you. Take care, Jason
Thanks jason
I’m going get married with someone who has USA citizenship
Tell me what should I do after divorce and got married
If you marry a US citizen and you have a pending asylum case, you may be able to get your green card based on the marriage and then close the asylum case. Talk to a lawyer to make sure you are eligible. Take care, Jason
Hello,
I have applied for asylum in December 2013 in Chicago and got my interview in October 2016, my interview went smooth and the officer apologized at the begening of the interview for getting the interview after 3 years.
At the end of the interview the officer gave me a notice to come back after 2 weeks to pick up the decision but as expected i have received a mail after 10 days saying that the decision is not ready yet and they are gonna mail to me once it gets ready.
it has been about 7 months after my interview and i haven’t received any response.
I have contacted my lawyer 3 weeks ago asking him if he could contact the asylum office to inform about my decision delay and he said that he hasn’t heard anything yet and told me to keep in mind the extreme vetting process that the trump’s administration is currently utilizing.
I do know that the waiting time to get the decision is unpredictable but i’m wondering if there is anything i could do about it.
would it be a good idea to go to the asylum office in chicago to inform about my case? or sending them an email?? or something else!!
Thanks in advance.
There is no reason not to inquire about your case. You have waited a long time. In many cases, the inquiries are a waste of time, but not always. You can go there or send them an email. You can find their contact info if you follow the link at right called Asylum Office Locator. Other than that, you can contact the USCIS Ombudsman – a link is at right, or try a mandamus lawsuit, but that is probably for later and you would need to talk to a lawyer first. Take care, Jason
Hey Dani;
Don’t listen to the Trump haters. Trump’s executive order limits the influx of illegal immigrants and others, and thus help your case get decision soon. But I am afraid that would happen(quick decision) this time, the former president Barack Obama open door policy already put much burden on DHS processing all these people first including so called DACA.
Hi All,
I am in a terrible situation that my father was brutally murdered in INDIA and the I have a serious threat as I’m his successor. I applied for aslyum a week back but I was told that it will at least take 2 years for the interview. I need this process to be expedited can you please suggest one best option to approach and also what are the odds of my case being approved. I am in a do or die situation and I have no clue how to express myself.
I did a blog post about expediting cases on March 30, 2017 – maybe that would help. Good luck, Jason
Good afternoon,
I was wondering if anyone could give me some insight on my mothers case. She entered the U.S under political asylum in 91 and missed her court date in 98. She was in limbo for a while until I re-opened her case in 2012.
She has been paying taxes and still has a social security card since 91. Even though her case is old, it is delayed severely. As of now we are waiting on the letter from the asylum office for the final interview and it is taking too long. My mother just wants to safely return to her country to see family without losing her stability here in the United States.
I am her son and am currently serving as a combat medic in the United states Army and even that does not seem to justify her case be expedited.
It has been over 25 years for her, someone please help.
She really needs to speak with a lawyer about the specifics of her case. She may have other options – maybe you can file for her if you are a US citizen. If her asylum case is pending, she may be eligible for Advance Parole, which would allow her to travel and maybe meet family members in a third country. With these old cases, there are many variables, and it is worth it to talk to a lawyer to see what can be done. Take care, Jason
Thank you for responding sir,
The only reason her case was closed was because she missed her court date when she moved to a different state. I just don’t understand why it’s taking so long to approve my moms naturalization if she’s been paying taxes and crime free since she’s been in the United States.
All the lawyers she’s said she has spoken too seem to give her the run around and not to do anything about her application and to wait.
I’ll see if I can file her, hopefull it is possible. At this point I’m almost tempted to get a hold of a congressen or pull the whole I served your country but u won’t grant my mom citizenship card.
You certainly can try the Congressman. You can also try the USCIS Ombudsman – a link is at right. Good luck, Jason
Hello Jason,
I have my asylum case pending, last week i went to a university, they say to me that i have no status,they will register me as an international student. My question is, is it going to be a problem for my asylum case if i am registered as an international student?
Thanks in advance for your answer
Jean Roody!
No – and if you win the case (one day in the distant future), you can probably change to in-state tuition. Take care, Jason
Thanks a lot Jason!
Hello everyone!
Need your advise if while our asylum case is running, my 4 years old son can attend public school in San Francisco and that my husband and I can do our own business or an online business as we do not have a work permit yet..
Thanks
If public school is available for your 4-year old, he should be able to attend. Talk to the school about that. As for a business, you are not allowed to legally work for money until you have the work permit. If you work unlawfully, it does not affect your asylum case, however. Take care, Jason
Hello everyone!
I did applied for political asylum in 2014/
The reason for applying was a sex slavery and human trafficking that happened to me/
I did read some forum and some people said that this reason for applying can do to cvalify and case can be denied because human trafficking doesn`t count like a reason for applying for political asylum/
Does someone knows something about it?
I am so disappointed and worry, because I have been already waiting for an interview for 3 years
Please, help with advice
Thank you
Regards
To win asylum you need to show that the person who harmed you (or who will harm you in the future) will do so because he does not like your race, religion, nationality, political opinion or particular social group (PSG). If your case does not fit into one of these categories, you cannot win asylum. In your case, you probably fit into a PSG, which might be “young women” or “women without family members to protect them” (there are many ways to define PSG). You case might also fit into another protected category depending on the facts. In your case, I recommend you talk to a lawyer to help you with this, as you may very well be able to win, but it would be helpful to know what is your category and your PSG, so you can tell the asylum office (they should know this on their own, but sometimes they do not, so it is helpful to tell them). Good luck, Jason
Jason, thank you so much for response. Unfortunately the layer, who run`s my case now out of country for couple of month, I can`t ask her to advise right now, but I am so worry about my case, as I`ve been waiting already to long for an interview.
All this bad story happened to me, when my parents passed away, and when we stayed with my sister alone/
Do you think it can fit into a PSG?
Thank you so much
I think it is definitely possible that you fit into a PSG (or maybe some other category). It is a little strange that your lawyer would disappear for so long with no way to contact her or her office. Lawyers have an ethical obligation to communicate with their clients, and so going away and being unavailable for months may violate that obligation. In any event, I suppose if you are satisfied with her, then it is alright, but if not, you can look for a new lawyer. Take care, Jason
Hi Jason!
I think my case to be written is not good enough. Could you tell me if not I can replace my old case with a new one before my interview date? By the way, I don’t receive any interview note from 2014 to 2017. Thank you!
You cannot replace your case. However, you could write a new affidavit and submit new evidence. Your new affidavit will need to be consistent with the old one, or you will need to explain any differences, but this can be done. You have to submit new documents in accordance with the local rules (in our office – Virginia – everything must be submitted at least one week before the interview, but different offices may have different rules). Take care, Jason
Hi Jason, Thank you in advance.
I am pending Asylum and I’m going to renew my employment authorization card (work permit).
Now I have several questions to confirm about work permit renewal. I look up the USCIS website the I-765 renewal fee is $410 and there is extra Biometrics Service Fee $85. For my case do I need to pay extra $85 as well? it’s my second time to renew my work permit.
And the other question is what kind of document do I need to submit to renew it?
1. previous copy of work permit
2. $410 money order ( and $85? ? )
3. I-765 Form
4. Copy of Passport
5. 2 pictures
6. tax report? – do I need to send tax report?
Please tell me details it’s hard for me to understand USCIS.
Thank you so much!
Sorry, I cannot answer such specific questions without knowledge of your case. I can say that you should submit proof of the pending asylum case (receipt, biometrics letter). Normally, the fee is $410, but you may want to call USCIS (the phone number is on http://www.uscis.gov) to be sure in your case. Otherwise, just do your best to review the instructions. If you have succesfully applied before, you should be fine. Take care, Jason
Hlep me please i am loosing my mind
Hi
I applied for asylum in December 2015 i left my seven month son behinds. Now he become two he miss me so much i miss hom to death i want to apply to get fast appointment. My son is not in good condition he is suffering from lossing me. Please help me on how i can apply for expedite on my son and my husband case we need to ne together for my son health case.
Tnx
You can try to expedite a case based on family separation. I wrote a blog post about that on March 30, 2017 – maybe that would help. Even if you expedite, it will still take some time to re-unite with your family (assuming you win asylum). In the mean time, your options are (1) get Advance Parole (form I-131, available at http://www.uscis.gov) and visit them in a third country, or (2) Let them try to get visas to come to the US. This is quite difficult, especially since you have an asylum case pending. Good luck, Jason
Hello jason,
My name is Ben. I applied for asylum in february of 2013 and had 2 interviews, the first one on september of 2013 and the second one on january of 2017. I am still waiting waiting for the decision on my case. My question is when i renewed my ead for the third time under the category c08, i got my ead under category a05. I contacted the office thinking there might be a change on my case, but the clerk informed me the system has me in pending status. She said the officer who interviewed me was out of office and told me to follow up with them after a week. I did do that and it has been like a month. I am confused . Should i contact ombudsman to know whats going on with my case?
Thanks
This happens sometimes, and it can be a good sign, but it is best to remain cautious. I would continue to follow up with the local asylum office every month or so. You can also try the USCIS Ombudsman (a link is at right). That can’t hurt. Good luck, Jason
Hello, Jason
My husband filed a asylum application with my son and I as dependents in 2015. We all went through the fingerprint process. However, the case is stilling pending. My son is a college student right now with a valid F1 visa which will expire several years later. He does not applied the EAD(C8) up to now. May he travel outside U.S without applying Advanced Parole and re-enter US with his valid visa, I 20 and passport?
I know some people with same situation who traveled abroad and went back safely. I am wondering under what circumstance the entry officer let them re-enter. Did the officer know that this visitor is a pending asylum applicant or they did not learn the situation at all upon the information they got at the entry port.
Does leaving and re-entering U.S with other visa mean losing the status as a dependent of asylum application?
Thank you so much in advance for your time and effort to help us.
Diana
Asylum is a request to stay in the US, but to get a student visa, you have to agree to leave the US when your studies are done, so these two applications are in conflict. If he leaves the US, it is certainly possible that he will not be able to return (or that he will be detained when he gets to the airport and will have to ask for asylum there – and probably do his own case while detained). So in short, I think it is very bad idea to travel without Advance Parole. I have clients who have done that too (without telling me in advance) and they have returned. Things are tougher now under Trump, and I would not depend on luck (or an anecdote from a friend) – let him apply for AP and if he travels, use the AP to re-enter the country. Take care, Jason
Jason, thank you so much for your prompt and helpful advice.
Hi Jason,
I am on F1 and my husband and son are dependent on me F2. My husband applied for asylum. I am on Opt currently which will end in 7 months. My question is after Opt can I go back to school and renew my I-20 to be in the F1 status, will there be a problem since our asylum is pending.
My second question we don’t know how much time it will take for asylum interview can my son after 2 years apply for his F1 since he will be joining the college and want him to maintain the status aswell. I am very stressed thinking that we will be out of status after filing asylum. we don’t want to be out of status. please advice.
If you do not leave the US, you probably will be able to return to school and keep your F-1 valid. If you plan to leave the US and get a new F-1 visa overseas, that could be a problem, since student visas are normally not issued to people if the embassy believes the person will try to remain permanently in the US (they are supposed to study and then leave). You may want to talk to your school, and maybe a lawyer, about this, especially if you want to leave the US. If you have asylum pending, you are lawfully here, but you have no status (this is confusing, but that is the law). If your son can stay in F-2 and then later switch to F-1 (probably all without leaving the US), maybe that would work. But if he leaves the US, that could probably be a problem. Of course, if he cannot maintain student status, he car remain here with asylum pending and still attend school using his EAD. Take care, Jason
Thanks alot, I appreciate your timely advise.
Hi Jason ,my mom ,my 3 brothers and I came here together and apllied dor asylum in June 2014. My big brother and I applied separately because we were o st 21 y/o .My mom applied for herself and added my 2 little brothers as dependant who were 10 and 12 y/o at the moment.I was the only one who received an invitation for an interview, luckily I was granted asylum but the rest of my family’s been waiting since then ,they did not even receive an invitation to get fingerprinted.They all applied for Ead which they received. Now I’m really worried my little brothers are getting big and are in highschool,the eldest is almost graduated, I don’t know how to afford college or university since they haven’t received any legal documents. Any suggestions? Mind you ,we came from the same household ,it makes me really sad
You can check the Asylum Office Scheduling Bulletin (a link is at right) to get an idea of when the interview will be. If you missed the date, you can contact the asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I have applied for asylum IN JUNE 2014 AT HOUSTON OFFICE, STILL MY CASE IS PENDING WAITING FOR THE INTERVIEW.MEAN WHILE I GOT 2 KIDS BORN OVER HERE.ALSO, I AM A NURSE & receiving MY EAD cards yearly .I don not have any status therefore worried about new policies & unable to continue university .Do you know how long it will take to call for an interview.
I do not know. You can check the Asylum Office Scheduling Bulletin to get some idea – a link is at right. Also, you may be able to expedite (if you have a reason) or put your name on a “short list” if the TX asylum office has such a list. Contact them to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi jason
I have one question i need to advance pro to travel to see my wife in other counteryi am allready asyelm in dec 2016
This idea any dengerace coz not seen my wife more than year
Thanks
If you have asylum, you do not need AP. You should get a Refugee Travel Document, available at http://www.uscis.gov. This allows you to travel and return to the US. Take care, Jason
Hi, I started my asylum process in January 2015 with an address in Florida, I moved for 6 months to North Carolina and I’m going back to Florida. Is there any problem with these changes of address? How long does it take for the first interview? Thank you for your attention.
There should be no problem. You can get an idea about interview wait times if you check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
Hi. We are on the island of Guam,asylum pending.May we move to the USA.And to expect an interview there?
That, I do not know. There are different rules for Guam and asylum (though maybe now they are the same as the rules for the continental US). Check with an immigration lawyer in Guam; maybe they would know. Good luck, Jason
Thank you Jason.
Hi Jason,when a case pends for long before a final hearing at the immigration court does it weaken the case,I have a case since 2015 that has been set for 2019 and I’m afraid all the time gap will weaken the strength of the case maybe due to probable changed circumstances in country
Usually not, but it depends on the case. If country conditions improve, your case will be weaker. Also, sometimes you need to explain why you still face a danger in your country after you have not been back there for so long. Take care, Jason
Hi, Jason,I finished interview last week.the officer told me I need to come back in two weeks to get the decision. but i have not received my fingerprint notice. So my question is, can i still get the decision in the office in two weeks?
If you were never fingerprinted, that could be a problem, but hopefully, you were fingerprinted when you first applied for asylum, and then you should be fine. Be aware that in many cases, the officer tells you to return in two weeks, but then the decision is not ready (usually, they call you beforehand). Hopefully, you will get the decision in 2 weeks, but you have to remain patient in case it is not ready. Good luck, Jason
thank you jason, I took fingerprint 2years ago. hope I can get the decision.
Hi
I applied fir asylum in 9/2014 and i made the interview in 2/2015 and till now i didn’t recieve any decision from the asylum office, and when i went to the office and met the supervisor she said to me it still pending , is there any thing i can do.
Thank you in advance.
There is not much you can do. I outlined some ideas in the article above. The most drastic solution is the mandamus lawsuit, but you would need to talk to a lawyer before you tried that. For the most part, the only thing you can really do is wait and every few months contact the asylum office for updates (which are usually pretty vague, as in your case). Take care, Jason
Hello,
I have a friend who is not a cityzen,he is living in USA, but he has the green card, he applied for his daughter in Haiti in order to give her the residence.his daughter is 26 years old. How long will they take to call her for the residence.
Thanks in advance for your answer!
Jean Roody.
Sorry, I can only answer asylum questions here. The person can Google the Department of State Visa Bulletin and get an idea about that. Take care, Jason
Hello Jason,
I did my asylum interview before 3 months and I haven’t received my decision yet. But yesterday the asylum office sent me the following email, I am sending you as it is. Please tell me what “under Review” means and does it tell anything about the decision outcome?
here is the email below
“Your file is undergoing review prior to a decision being rendered. We are unable to estimate when the review will be completed.
We have forwarded your email to the reviewing supervisor so that he is aware of your inquiry”.
Your reply is appreciate as usual!
It could mean different things. It may have been sent to headquarters (average wait time there is about a 10 months, I think). More likely, it is under supervisor review, which I believe happens to every case. My opinion is that the email does not tell you much; just that they are working on your case, and they have not given any time frame for completion. Take care, Jason
Thanks Jason,
I think it is a supervisor review.
Do all Denied and granted cases undergo supervisor review?
Every case is reviewed by a supervisor, but I do not know whether they call it “supervisor review”. I think the answer “your case is under supervisor review” is pretty standard, and does not tell you a whole lot. Take care, Jason
Thanks Jason! I really appreciate your reply.
God bless you for what you are doing!!
Hello Jason,
I got an update from USCIS saying that my application is queued for scheduling. I have filed my application in june 2014. Do you have an assumption or guess when i might get the interview.
Thanks
I do not know, but if they sent you that message, you should make sure all your evidence is submitted and that you are ready for the interview when they call you. Take care, Jason
Thanks Jason,
How long it takes after the interview to know if my case is accepted or denied? and if i got accepted how long it takes to get the Green card.
Thanks again
After the interview for asylum, you can get a decision quickly or it can take years. Once you have asylum, you have to wait one year, and then you can apply for a GC. Take care, Jason
Hello,
Can a person have GRANT to go to school while his case is pending?
Thanks in advance foryour answer.
Jean Roody!
If you are talking about grant money to attend school, you will need to ask the school itself. There are all types of grants and maybe you can qualify for one. As for asylum seekers, normally, if they have their EAD, they are eligible to attend school. And in some places, they can attend even without the EAD – you have to ask the school. Take care, Jason
can I go to school while my asylum case is pending
If you are talking about high school – you can. If you are talking about university, you have to ask the school, and many schools will not allow people to attend unless they have the work permit. But talk to the school, as each school and each state is different. Take care, Jason
Hello jason
Can I study while my asylum application is pending ?
If you are talking about high school – you can. If you are talking about university, you have to ask the school, and many schools will not allow people to attend unless they have the work permit. But talk to the school, as each school and each state is different. Take care, Jason
Hello,
If i change my asylum case to another State, is there something wrong that might happen to my case?
Thanks in advance for your answer.
Jean Roody!
If you move to another state, it could cause your case to move to another asylum office, but that should be fine and you should keep your place in the queue. You may want to email the old and new asylum offices to make sure your case moves and that you keep your place in line. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason
I applied for asylum since 120 days ago and I’m applying for SSN after work permit
So I want to know how I can get SSN for my children without work permit?(because usually children don’t need work permit)
You have to wait 150 days after you filed for asylum to apply for the work permit. As for the SSN, you will have to ask the Social Security office about that. Take care, Jason
Hello jason
i applied for my asylum in feb 10,2017 and i received my application form on march 4…And till now i haven’t received any mail for my biometrics…so I’m really worried whether i should wait or go for infopass and let them i haven’t received anything for biometrics till now?if i dont have my fingerprints done,am i eligible to apply for work permit?how long is the minimum and maximum time to wait for biometrics after receiving the application?need a suggestion..
thank you in advance:)
It is too soon to worry. If you got your receipt, you should be fine. If you do not have the biometrics in another 3 weeks, contact the local asylum office and ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason
Thank you so much for bringing light to this issue. I applied for asylum in January 2015 and I want to inquire on travel using advance parole to outside the USA as I wait for an interview date. Will I be granted a travel document or travelling as my case is pending will severely affect my asylum applicant status?
If you apply for Advance Parole (form I-131, available at http://www.uscis.gov), you should be able to leave and return safely to the US. If you are from a “banned” country, you should talk to a lawyer before you try this, as you may have trouble returning. This is also true if you have criminal conviction or an immigration violation. Take care, Jason
Hello Jason Dzubow,
thank you very much for all of your explanations, in case I was filing asylum 9 months ago and want to apply for advanced parole in order to travel to my original country,
does it have a negative impact on my asylum case?
If you travel to the country where you fear persecution, it is very likely to result in your asylum case being denied. At the minimum, you will need a good explanation for why you returned to the country where you say you will be harmed. Take care, Jason
Do the short list and expedition apply to cases already transferred to immigration court?
No, only to cases in the Asylum Office. Take care, Jason
Dear Sir
My husband and I applied for asylum in 2013 and got denied then we reapplied within 1 year providing more evidenceso and documents to support our case, in the second interview the officer couldn’t make a decision so our case transfered to immigration court and scheduled for a master hearing in Jun 2015 and then individual hearing in Dec 2016 unfortunately postponed until 2019 my question is are we considered illegal immigrants? Knowing that we have work permits and social security numbers and we hold good jobs?
“Illegal immigrant” is not a term in immigration law, and so I cannot answer the question. It is just a term used by non-lawyers and it has no meaning under the law. You are allowed to be in the US until your case is resolved. Take care, Jason
Hey jason
I have a question
If I wanna move to another state Is it okay?
Will it affect my case ?
Will it be delayed or its okay?
My case is since December 2014 and until now no interview
I’m a doctor is it good for my case ,
Cause I heard someone saying that people with high education has a good chance ?
Is it true
If you move and the move causes your case to transfer to another asylum office, you should keep your place in the queue. You may need to email the old and new offices to make sure this happens, but it should be ok. You can find their contact info and email if you follow the link at right called Asylum Office Locator. As for education, a more educated person is better able to understand the system and present a case, which is an advantage, but other than that, education has no effect on an asylum case. Take care, Jason
Hello Jason
Thanks for all that you do for taking time out to read and respond to our sad minds…I applied for asylum in 2016 and I did not include my spice but now in 2017 I sent his paper work and with the ups update the asylum office received it but I have not gotten any response from them.again my mum is a us citizen can she petition for me?or can she petition for my spice and me?and if she can how long do you think it takes to get a change of status …thanks alot
If your mother is a US citizen, she can petition for you and your spouse, but there is a long waiting period and most likely, you would have to leave the US to get your green card outside the country. This may or may not be possible, so you would need to talk to a lawyer before you try it. You should be able to add your spouse to your asylum application. Contact the asylum office to ask whether our spouse has been added. The spouse can then apply for an EAD at the same time as when you are eligible. Take care, Jason
Hi Jason,
USCIS denied my expedite request. I’m very disappointed by the decision. We provided medical documentation from my doctor and he outlined severe health risks. I reached out to the Ombudsman’s office but they provided me with the same response USCIS provided me. I need urgent action unless I will potentially suffer devastating health and financial damage. Do you have any suggestions on what I can do or an office that help me look into this issue?
Thanks!
The expedite process is not very well developed, and some expedite requests that are very strong get denied (I do not know why). You can always make a new expedite request and explain the urgency of the situation. I suppose you can ask a Congressman for help, or if you are friends with US citizens, maybe they can ask the Congressman or write the asylum office on your behalf. Maybe go to the press. There is no easy solution. Good luck, Jason
Dear Jason. Thank you for this website and everything you do. I have filed for asylum they received my application on 02/27/2017 and i received the receipt. But still nothing about biometric appointment. How long until i can enquire or what am i supposed to do? I am worried if the mail lost the appointment letter it might affect asylum clock. Also i hace included my spouse but on the receipt i have received only an alien number for me not for my spouse. What do you think? Thank you
You should get the fingerprints soon; it often takes more than a month. You should get prints for your spouse as well (assuming she was included as a dependent in your case). If not, you can contact the asylum office to ask, but it is too soon to do that now. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Yes sir i included my spouse on the application. But when i received the recipt they created for me alien number but they didn’t mention my spouse? This is correct and normal? Thank you again very much
It seems to be happening more frequently now than it used to. I would not worry about it. But your spouse should get a fingerprint appointment. Take care, Jason
Hello Jason, I have emailed you yesterday but I can not find any reply to my email here in the comment section. I am forwarding you the same email again, please I need to hear some information from you.
My name is Gebre,
I have my family (my wife and my son, who was born after I get here) back in Eritrea. I applied asylum here in Texas houston, in November 20115. My child has been sick since he was born, my wife took him to almost all the highest hospitals but there is no change. Finally, they told her to take him to other countries for further diagnosis. They gave her medical referral paper. she sent it to me and I gave it to the asylum office, they called me for an interview right away. I did the interview in January 12, 2017 and it went very good. The officer told me that they will sent me the decision in 2 weeks, but it has been exactly 2 months and NOTHING! Then, I emailed them before 2 weeks and they told me I will get my result shortly, but I have no idea how long is “shortly” for them. I am emailing you if you can help me to figure out what the possible reason for the delay is and if there is anyway that I can facilitate this decision hearing process as I did for the interview. My child’s case is really scaring me, his situation is getting worse every day.
Your reply will be valuable for me.
Thanks for you time and reply in advance.
Unfortunately, no one cannot predict when the decision will be issued or what “shortly” means. I suggest you contact them every few weeks about this. Also, even if you win, it takes months to bring a relative to the US based on an I-730. You may want to see if she can go to a third country for treatment during this time. Also, she could apply for a B visa (visitor visa) to the US for medical treatment. If it is denied, she can apply for humanitarian parole (form I-131, available at http://www.uscis.gov). I recommend that you find a lawyer to help with this. Good luck, Jason
Thanks Jason!
Hello,
After receiving the asylum form, that says you can remain in the US until a decision is taken.how long should they take to call you for interview?
Thanks in advance for your answer an looking forward to hearing from you.
It is unknown, as it depends on many factors. You can get some idea if you check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason