My Asylum Case Is Delayed; What Can I Do?

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.

Yipee! Asylum cases filed during the Jurassic period are now being interviewed.
Yipee! Asylum cases filed during the Jurassic period are now being interviewed.

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.

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1,405 comments

  1. hello Jason i applied for an asylum in April 2014 in New York do you what year they are interviewing cases filed in new york

    Reply
    • NY is interviewing cases filed in about February 2013, but – depending where you are in NY – your case might be interviewed in New Jersey, and those cases are slower.

      Reply
  2. Hello Mr. Jason,
    Thanks for this informative blog. I applied for asylum November 2014 in SFO office. I’m waiting already almost 9 month for interview. Can I apply for a Green Card while my asylum case is pending if I find a U.S. employer willing to sponsor me? Thank you for reply.

    Reply
    • You might be able to apply for a green card based on employment, but it depends on many factors, and you will need to speak with a lawyer about your eligibility.

      Reply
  3. Hi mr jason,i applied for asylum in September 2013 and i didn’t get an interview untill july 2014 so i abandoned my case and i travelled back to my country can i apply for a tourist visa and come back on a visit to the us.

    Reply
    • You certainly can try, but it will likely be more difficult since you previously applied for asylum. You might have better luck with other types of visas – like an H1B or an L (work visas). Good luck, Jason

      Reply
  4. I filed my asylum in immigration office since 2002 and I got denied after I have done everything on my own without a Lawyer. I reopened my case with a Lawyer in 2010 after my interview for the second time in Houston, that office in Houston referred me to the immigration court in Dallas. I just got a notice that my case is going to be delayed for the 5th time. I just know what to do, all that I found to do now is praising God for taking away the burden of waiting upon me. May God help others who are facing a difficulty during the process for I have lost my Mother and my Sister during the time that I waiting. I can understand the pain of others just be strong.

    Reply
    • The most difficult part of the delays relate to missing or losing family members. I am sorry for your losses and I wish you good luck with the case, Jason

      Reply
    • Hie O, you said you know what to do, do you mind sharing what you know so that we may be assisted too. Thanks in advance.

      Reply
  5. Hello mr Jason
    I applied for asylum December 2014. My friend who applied on May 2014 passed the interview after one month. I’m waiting already almost 8 month for interview. Applied in Miami office. Maybe you have any idea how long is too wait? Thanks in advance for answer

    Reply
    • Miami is currently interviewing cases filed in about March 2013, so you still have a while to wait. In December 2014, they changed the way they do interviews, and so that is why your friend was fast but you (and everyone else) is now slow. Good luck, Jason

      Reply
      • Thanks Jason and Natallia, and waiting too. I applied in January 2014 and until this date still pending, many people said the slow process its inflicted by absence of immigration officers and now its just 4 officers making the interviews. And I don’t know what to do, if still waiting or take one of the tips mentioned above. Thanks Jason and Natallia.

        Reply
        • Hello Gabriel!
          Did you apply in Miami office?

          Reply
  6. Hie Jason, thanks for a job well done may God continue blessing you for what you are doing enlightening us on this matters.
    My case was received in December 2014 in LA, i have done all the requirements,i.e biometrics after receiving an invite from the department
    Now my worry is the delay, i know of cases of people being called for interviews within 6 months of them filing their cases. Do you have an idea how things are going up there? I’m told the department hired a lot(450) of officers in the Southern California area to help ease the backlog.

    Reply
    • LA is the slowest office. They are currently interviewing cases filed in 2012, but I do not know which month. The asylum offices have hired new officers, but I do not know how many went to California. In any case, they need to hire more, as CA is very slow. Take care, Jason

      Reply
  7. Hi Jason,
    I filed in January 2015 in Houston,do you know what years are they interviewing now in Houston? Thank you

    Reply
    • They are interviewing cases filed in about May 2014.

      Reply
  8. Hello Jason.
    I went through the blog and comment and in some point I got confused. I checked the detailed asylum statistics available on USCIS page: Pending cases according to march 2015: New York – 13568, Chicago – 6485, Houston – 3971, Arlington – 5791. As I read in comments all four offices are now interviewing cases filed in 2013. Does it really matter where do you apply to get your interview date, even though Houston is pending 3.5 times less cases they’re on the same year just a few month different.
    I would really appreciate you valuable advice about this.
    is Moving from one city to another really worth it?
    What do you know about New York office. ?

    Reply
  9. hie.
    I applied for asylum in Virginia 3 months ago but I haven’t even received anything to show that my documents were received. Is this normal?

    Reply
  10. Thank for your Help Jason,
    I came from south Sudan to USA for 6 months training on J1 visa, and after completion i applied for asylum in March, 2015, did fingerprints in April. I applied in Omah Nebraska, So which cases are they currently interviewing?

    Reply
  11. Hi Mr Jason
    I applied for an asylum with my family at Chicago office December 2013.Biometric and fingerprints are done after 3 weeks also EAD september 2014.Since that time everything is pending From your experience when do you think that we should expect interview.
    Thank you

    Reply
    • The Chicago office is currently interviewing cases filed in about June 2013, but we cannot predict how long it will be until your interview. Hopefully it will not be too much longer.

      Reply
  12. Hello!
    I am planing to apply for asylum and just have concern about the state. I now live in NYC and was planing to apply here but i may move to Chicago soon. anyways Ive heard Chicago goes way faster.
    I would really appreciate your help if u just answer few questions:
    1. what dates are being interview now in New York and Chicago?
    2. will it effect to win a case if i live in new York but apply in choices or other way around.
    3. who is eligible to get on a short list and after what period of filing the case. I can’t find an official information about short list.
    thank you in advance. time really means a lot for so you would immensely help.

    Reply
    • The two offices are not so different. NY is interviewing cases filed in February 2013; Chicago is interviewing cases in June 2013. Each office has a different policy about the short list, and not all offices have short lists, so you would need to contact the office to ask. In our experience, the short list is not very fast at all.

      Reply
      • you also mentioned we could ask to expedite in case of professional emergency needs. I’m a foreign trained dentist that means i would have to take national dental board exam due to licensure in the US. only citizens or permanent residents can apply for the examination. can that be a case???
        Thanks MR. Jason a lot for your help.
        can I just call asylum office by myself and ask questions like what dates r they interviewing and short list details. ??? Am I allowed to do that?

        Reply
        • You can try calling them or going there; you usually only talk to a receptionist, and there is limited information that person can provide. You can also email them. You can try to expedite for professional reasons, but it is difficult to convince them to advance such a case given that everyone else is suffering due to the backlog, including the people who filed before you. Good luck, Jason

          Reply
  13. Hi Jason,
    I am a single mom applied on asylum program in January 2015 and my son as well. I was hoping to utilize recommendation letters from American supervisors while we worked with US companies to apply for SIV program but unfortunately it was stopped. Is it worthy to ask the state representative for expediting my case because we were in real danger throughout our working time with them in 2004? And if not, how long it will take For interviewing where I applied in NJ?
    Thanks

    Reply
    • Newark, NJ is currently interviewing cases filed in about January 2013. You can ask them to expedite, but generally, this does not work. However, there is no harm in trying. Good luck, Jason

      Reply
  14. Dear Mr Jason

    I applied on Jan 2015 in VA do you know how long will take to get interview and how fast arlington office

    Reply
    • Arlington is currently interviewing cases filed in August 2013. Probably you will wait at least another 6 months; maybe longer. Good luck, Jason

      Reply
  15. How long Miami office tace for the interview I applied on June 2013 , if I want go back to Sudan can I or no I will come back once the immigration call me for the interview the reason my bad will do open heart operation , please let me now what can I do I have to go in one moth

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

      Reply
    • Thank you so much that will help me but if I want to track my status what ca I do

      Reply
      • You cannot. currently track your status; you just have to wait for the interview.

        Reply
  16. Hi Jason

    I appled for Mandamus against Chicago office in April 2015 but until now I have no response what so ever.
    I called the 800 no but they refused to talk to me saying I have applied for some job related form (i129) even I didn’t.
    Although I expedited my case for the EAD by sending them a letter from my work regarding releasing me from my cuurent job if I failed to renew my EAD.
    I received my EAD shortly after that.
    Did this affect my mandamus case?
    Why the NSC employees said I filed the i129 even I did not?
    I am currently in Houston TX even my case still in Chicago and my interview was in May 2013.
    I remember the officer told me to wait for the mail in 10 days and it’s like 2+ years now waiting with my wife and 3 kids for a background check !!!.
    Thanks for your help Jason.

    Reply
    • I believe you posted this and I already replied. If you get a result, please let us know.

      Reply
      • Actually I posted it as a reply on mustafa’s case but I didn’t get an answer there so I reposted it.

        Reply
  17. Hi sir,
    i have a question regarding my asylum interview. I applied for asylum in September 2014 i already did the biometrics and got the EAD but still waiting for the interview how long would it take?
    my asylum office is Chicago

    Reply
    • Chicago is currently interviewing cases filed in about June 2013.

      Reply
  18. Hi
    Do you know what date Miami office processing asylum cases now ?

    Reply
  19. Hi Mr.Jason
    My name is Mohamed I’m from Sudan. I have applied for an asylum in July 2014 in VA and I didn’t get the interview notice yet
    do you know how long it will take to get the notice?

    Thanks
    Mohamed

    Reply
    • Currently, they are interviewing cases filed in August 2013. I expect things will speed up this fall, so hopefully you will not wait too much longer. Good luck, Jason

      Reply
  20. […] discussed these ideas, and a few others, here.Lastly, I want to briefly discuss the report’s findings related to delays obtaining […]

    Reply
  21. […] I discussed these ideas, and a few others, here. […]

    Reply
  22. hey Jason
    do you know in which year they are in Anaheim?
    my father applied in january 2015 and did the biometric and fingerprints but still no interview

    Reply
    • I imagine Anaheim is at the LA office. LA is interviewing cases filed in 2012 (I do not have the month). They are the slowest office in the US, and so I expect he will be waiting for a while. Good luck, Jason

      Reply
    • and can we apply for a visa from the embassy while my father’s case still pending?or we will make a problem and will be denied?because we are not in USA just my father is in there we still in Lebanon

      Reply
      • You can always apply for a visa. Sometimes, if a close relative has applied for asylum, it can be more difficult to get a US visa. Good luck, Jason

        Reply
  23. Hello, everyone ,

    i have left the USA on the 20th of january 2013, now i need to come back and apply for asylum due to lots of reasons that my country ‘Algeria ‘is going through,i’m hesitating i dont know hows going be there that also i would be with my wife .
    i need some help , please
    Thank you

    Reply
    • You might want to talk to a lawyer before you make the journey here, so the lawyer can evaluate whether you qualify for asylum. Good luck, Jason

      Reply
  24. Hi Jason,
    I applied for asylum since july 2014,
    And didnt get any interview till now.I got married to a green card holder in US and now I am pregnant.so,If I give a live baby birth and my baby get the citizenship ,Can I get even a temprory resident?
    Thanks in advance.

    Reply
    • The baby probably does not help your immigration status, but if your spouse becomes a US citizen, he may be able to help. Also, even with a green card, he might be able to help you. For this, you need to talk to a lawyer, as there are many options. Good luck, Jason

      Reply
  25. charbel … i had sim your story . i applied an asylum in new jersey 25th february and i did not get receipt notice . every 2 days i talk to my lawyer . i was very nervous and scare . because this not normal process . after two months and half i get fingerprint notice and i did . now i just waiting my interview . my question to jason do you know how long it will take me to do my interview ? new jersey office ? thank you

    Reply
    • I heard, Newark, NJ is interviewing cases filed in January 2013. Take care, Jason

      Reply
  26. Hello Mr Jason, I am in OPT status (F1 student) right now. My husband is 2016 edv lottery winner from Nepal (He is in US with me). We need to go to our country for the DV interview. I am wondering if we can apply for TPS. Does applying for TPS affect EDV processing (like interview and visa).

    Reply
    • I don’t know about that, and taking advantage of the DV lottery for people already in the US can be problematic. I strongly recommend you consult with a lawyer to help you through the process. Good luck, Jason

      Reply
  27. Hi Mr. Jason
    i have applied for an asylum on February 2015 in San Francisco office and have heard many feedback from different people regarding the cases they are interviewing now (i mean the date of applying is it 2013 or 2014) and do you know how many short cases do they have and how many of them they are interviewing per month ?
    Thanks in advance

    Reply
    • I do not know how many short list cases they do in San Fran. If it is like my local office (Virginia), the short list is not very fast, but it provides another path for you, and there is no harm in trying it. Good luck, Jason

      Reply
      • Thanks Jason
        but what about the date of the cases they are interviewing now is it 2013 or 2014 and which month if you have an info.
        thanks

        Reply
        • San Fran is interviewing cases filed in about May 2013.

          Reply
  28. Hi Jason, does getting a TPS status waive the 2-year requirement of J1s and thus J1-holders can switch to H1-visa when possible and then green card? If not, does getting the asylum status waive that 2-yr requirement and thus J1-holder can apply to green card after a year from granting asylum ?

    Reply
    • Hi Mr. Jason,
      Thank you for the help. I’ve applied for asylum 2 months ago. I came to USA on B1/B2 visa which is finished last month. But till now I am in the 6 months period. I am a doctor and I want to work in Research, I need J1 visa( it is different form the J1 visa for residency). Do you think applying for J1 research visa will affect my asylum case? Do you think asylum will affect the J1? I am supposed to apply for the AED after few months but I can’t wait till that time I need to start working in 1 month.
      Thank you
      Alaa

      Reply
      • They may deny the J-1 if you have applied for asylum (because you are supposed to leave after your J-1 is finished, and – as an asylum applicant, you have asked to stay here permanently). The J-1 application should not affect the asylum. But you may want to talk to a lawyer before you file the J-1, just to be safe. Take care, Jason

        Reply
        • Hi Jason, I did not get an answer to my question if you do not mind. Does getting a TPS status waive the 2-year requirement of J1s and thus J1-holders can switch to H1-visa when possible and then green card? If not, does getting the asylum status waive that 2-yr requirement and thus J1-holder can apply to green card after a year from granting asylum ?

          Reply
          • I do not know whether TPS helps with the 2-year bar; I think it does not, but you should check with a lawyer who does more TPS cases. If you have asylum, the 2-year bar goes away. We have done that for many people, and a lot of them already have their green cards. Take care, Jason

  29. Hi Mr. Jason,
    Thanks in advance for your help, I`ve already applied for an asylum on 19th of July, 2014 and I did biometric in North Carolina. But till today I didnt get the interview notice.
    do you know how long it will take to get the interview notice?
    and what is the year and month are going for interviewing in NC.
    Many Thanks,

    Khalid

    Reply
    • For NC, I believe your interview will be in Arlington, Virginia. That office is currently interviewing cases filed in August 2013, so you probably still have some months to wait. I do expect things to speed up at that office after summer is over. Good luck, Jason

      Reply
  30. Morning Sir,
    My husband and I applied for assylum in April 2015 and our boimetrics are done. Our lawyer told us that it was going to be along process due to the backlog. My only concern is that I am here on a Student visa, but with things gone bad for us the last couple of months, I will not have money to go back next semester and will lose my status. Is there any other wat I can still be in legal status or must I just let it go? To be honest I am scared as hell to be out of status. Thanks for a great blog.

    Reply
    • I don’t know what the options are for you, as it is very specific to you (and your lawyer should help you with that). The “normal” options are student visa, work visa, maybe some type of research/fellowship visa like a J-1, maybe change to a visitor’s visa (very difficult since you applied for asylum). Most likely, none of these really apply to you. You should know that there is no real penalty for being out of status – you have filed for asylum and you are permitted to remain here until your case is resolved. It would be worthwhile to have a conversation with your lawyer about this, and maybe he or she can offer you some ideas. Good luck, Jason

      Reply
      • Thank you very much for the time to answer me. I will definately contact my lawyer, but it is reassuring to know that there are no penalties for being out of status.

        Reply
  31. Dear Jason,
    I already did my asylum interview and I am waiting now for decision while not being on any other valid non-immigration status.

    What is the benefit of TPS application in my case ?
    – I got EAD based on my pending asylum case and I am working.
    – I got SSN based on my EAD and passport.
    – I got driving license based on my EAD and SSN.

    What will a TPS status add to me except being “in-status” in case my asylum is denied ? Even if denied, I can still keep renewing my EAD while waiting for the court. Thus, where is the benefit to cases like mine !?

    Reply
    • Sorry, I meant: “Even if denied while not being on TPS, I can still keep renewing my EAD while waiting for the court. Thus, where is the benefit of TPS to cases like mine ?”

      Reply
    • There are two possible “benefits” I can think of (though not everyone would consider these benefits) – (1) If you have TPS, and the asylum office wants to deny your case, you will receive a letter giving the reasons for the denial and giving you an opportunity to try to get the asylum office to change its mind. If you still lose the case, you will not go to court and you will just be here with TPS (some consider this a disadvantage and they would rather go to court); and (2) It may be easier to get a travel document and to change to another status, but these things I am not sure about, and you would do well to speak with a lawyer who does more TPS cases. Good luck, Jason

      Reply
  32. Hi ..thank u for all informations
    I have one question
    I applied for asylum on may 2014 and finished the interview 45 days after.. And still waiting for an answer..anything else can i do now?
    Can I expedite the case?
    Thank u

    Reply
    • We have had very little luck helping people in your situation and it is extremely frustrating, especially if they have a spouse or children outside the US. Of course, you can file a mandamus lawsuit, which I am now encouraging some of my clients to try. You can also just contact the asylum office and ask for a decision. If you have issues (health issues, family waiting to join, financial problems) maybe they would move the case faster if you let them know. Except for the mandamus, these ideas probably won’t work, but they are worth a try. Good luck, Jason

      Reply
  33. Dear Jason,
    Thank you for your extreme help. I have questions that are somewhat related to DRRHN and Janos questions bellow.
    I did my interview almost 6 months ago also at Chicago office and now waiting for response. In the meanwhile I am on valid J1-status with ultimate 2-year home requirement.
    1) Does having a valid status (like J1 or TPS as mentioned bellow) delay or postpone the decision on an asylum case ?
    2) I currently have the option to not renew my J1-status and work on my EAD. Do you recommend that ?
    3) If I did not renew my J1 status, I will be out of status if my asylum is denied and by this way I will have the chance to go to court and have another chance for asylum. That may be better than going back to J1 status and be subjected to 2-year home requirement and have to apply for waiver. Do you recommend that I do not renew or cancel my J1 and switch to work on Asylum-EAD ?
    Best,

    Reply
    • I do not think that having a valid J-1 or TPS will affect the timing of the decision, but I also do not know their internal procedures. Anyway, I have not noticed that with my cases. Whether you renew your status depends on whether you want to go to court if your case is denied. If you are “in status” and denied, you will receive a detailed explanation for why they want to deny you, and then you can respond and try to get them to change their mind. If you still are not approved, your case is done and you will just be in the US like everyone else on TPS. If you are “out of status” and the case is denied, you will go to an immigration court, where you will either get asylum (you can present your case again) or be ordered deported (or maybe something else, depending on the case). Good luck, Jason

      Reply
      • 1) If my asylum case was denied, will I get a NOID if I am holding a valid J1 status ?

        2) Jason, I really need you recommendation from your experience with previous cases. Which one has been having more favorable outcomes in general ? Going to court OR getting a NOID and sending an appeal letter ?

        Reply
        • A J-1 visa a duration of status visa (it says D/S on your I-94), which means that you are in-status as long as you are still doing the activity that was the basis of the J-1. These days, because asylum is so slow, your status will likely expire before you get a decision, so probably there will be no NOID, just a referral to court. If you are somehow still in-status, then you will get a NOID. In my experience, the NOID is maybe a bit better, as the asylum office is forced to explain the reason for the denial, so they can only deny the application if there is a good reason. On the other hand, some people prefer to go to court if they are denied. It really is up to you which option you prefer.

          Reply
          • Jason, thank you for your great response. I only find relief in your answers.

            Just to complete the picture in my mind and thus make the right decision, does getting a TPS status waive the 2-year requirement of J1s and thus J1-holder can switch to H1-visa when possible and then green card? If not, does getting the asylum status waive that 2-yr requirement and thus J1-holder can apply to green card after a year from granting asylum ?

          • I do not think TPS has any affect on the two-year residency requirement. If TPS ends, you will stilt be subject to the 2-year requirement. However, if you win asylum, the two-year requirement goes away, and you can get your green card and US citizenship. As for H1B, I do not know about that. Your situation sounds a bit complicated, and I suggest you talk to a lawyer. Good luck, Jason

  34. Hi Jason,

    Thanks for all the information you are Providing us. I have a question related to EAD and Asylum.

    My Wife filed Asylum in Jan 2014 and the case is still pending. In the filing I was attached as derivative. Currently I am in US in H1B Visa. But I see that there is a possibility that my visa may end soon. Am I eligible to apply for EAD since I am a derivative in my wife’s case? If so could you point me to any procedures and documents to file the EAD.

    Appreciate your help!!

    Reply
    • You should be eligible for an EAD. The form is the I-765. Take care, Jason

      Reply
  35. Dear Jason,

    My husband and I applied for asylum in NYC in June 2013. We submitted biometrics and fingerprints about a month later. We haven’t heard anything ever since.
    These two years have been rough, especially since a couple people I knew filed and received their statuses within two months, in the same offices and after us.
    A few people, including my lawyer, told me that going to their office in NJ and trying to get someone to help us might work, that it has worked for other people. Would you advice for or against that?

    Reply
  36. Hi Mr. Jason,
    Thank you very much for this informative post.
    I applied for asylum on March 2013 and did my interview on July 2014 at Chicago office and did not get an asnwer so far yet. I am from Syria, should I apply for TPS while I am waiting for asylum decision ? The TPS deadline is July 6, just after one week. If I applied for TPS and was approved, will that delay my asylum decision even more and put it even later on backlog as they may consider me safe on TPS and probably decide that “I can be placed on hold for now” ?
    Another question, if my asylum case is denied, will they transfer me to asylum judge if I am on TPS and give me another chance, or they will just leave me on TPS with no further asylum court.
    Thank you very much !

    Reply
    • If you are eligible and apply for TPS, it should not affect whether you win or lose the asylum case. However, if you lose and have TPS, your case should not go to court. Instead, you will receive a Notice of Intent to Deny (NOID), describing in detail why they want to deny your case. You then have 16 days to respond. Hopefully, they will change their mind and grant the case. If not, asylum will be denied and you will continue in the US on TPS. But I think if you want to avoid court and get the NOID (and there are advantages both ways – talk to a lawyer about that), you will have to inform the asylum office that you have TPS – just give them a copy of your TPS approval notice. If you do not have TPS, your case will go to court where you can try again for asylum. Good luck, Jason

      Reply
      • Thank you for your kind response. I deeply appreciate your time.
        But I have something I would like to underestand. Is “going to court” in general in case of asylum denial, a good thing or bad thing ? Is not it considered a good another chance for another shot towards asylum instead of being with no other chances to proceed ? Is not it better than being thrown into TPS status which is not a stability status anyways ?

        Another unrelated question if you do not mind. How long usually people are waiting for a response after interview at Chicago Asylum office ? I mean what is the max time you have heard of ?
        Thank you very much

        Reply
        • I do not know the waiting time in Chicago after an interview. In my experience, it depends on the country (Afghanistan, Iraq and Syria are slowest), and we’ve had people get decisions in a few days; others have waited well-over a year, and one or two have waited over two years. Whether or not it is better to go to court depends on what you want. There are advantages both ways – if you get the NOID, you get to see the explanation for the deal and try to rebut it. If you go to court, you get another chance with the Judge. Take care, Jason

          Reply
  37. Hi mr.jason
    I applied for an asylum in may 2015 and finger print is done but till today I didnt get the interview notice.
    do you know how long it will take to get the notice?
    please note I applied from kansas city.
    Thanks

    Reply
    • I think your asylum office is Chicago. They are currently interviewing cases from 2013, so you have a while to wait. Good luck, Jason

      Reply
  38. Hello Mr Jason,
    Thank you for the time that you provide good information here and its really helpful, just have a question here, i am also one of the asylum seeker, i filed my case in Feb, 2014 and i had my interview in March, 2014 after the interview the officer told me that they will mail the decision due to clearance and all that, but after that i did not received anything as i contacted the asylum office in LA they said waiting for clearance, i do understand for some region it take more time specially from Afghanistan, and some other countries, but i have a clear background as i was working with USG and i passed clearance many times even i had some documents that i sent them,
    so my question is that; is it a good way if i go through Mandamus and Federal court for lawsuit against asylum office as the not give me decision and they are way behind?
    Is the judge will give me decision? cuz i search internet and heard different things some said they got their approval by the judge, i do understand it depends on the case, but if you please let me know what you think is it a good way to try?
    maybe some other asylum seekers has the same problem in this stage
    so better to have an idea about it.

    Thank you!

    Reply
    • I am now encouraging my clients to file mandamus cases, as we are waiting too long for decisions. A mandamus case does not give you a decision, but if you are successful, the federal judge will order the asylum office to give you a decision in the case. Some people fear that suing the asylum office will make them angry, and so they will retaliate by denying the case. I do not think this is likely, but you never know. The alternative is to keep waiting and waiting. Maybe that is better, but I am starting to think it is better to file the mandamus, and hope for the best.

      Reply
      • Thank you Mr Jason,

        Yes i did apply for mandamus, and will wait i think for a month to get response back from them , so as you said maybe asylum office will get angry or not and retaliate,,,, they are professional and i am sure they will not do such an action but never know,
        so a quick question again,

        How long it will take asylum office if the federal judge will order them to give decision?

        I hope not months and months again, cuz the hard part is the waiting, its better to just deny or approve,

        i wish every asylum seekers good luck and i will post updates in here,

        Thanks once again

        Reply
        • I do not know the time frame for a mandamus case. Usually (as I understand the situation – I have not yet filed a mandamus for one of my clients), the asylum office agrees to “settle” the case, so they do not have to spend money fighting the case in court. If they agree to settle, I would guess that it does not take so long, but if they decide to fight, my guess is that it could take many months. Please let me know what the result of your mandamus case is, as it would be helpful to others to know. Good luck, Jason

          Reply
          • Hi Jason

            I appled for Mandamus against Chicago office in April 2015 but until now I have no response what so ever.
            I called the 800 no but they refused to talk to me saying I have applied for some job related form (i129) even I didn’t.
            Although I expedited my case for the EAD by sending them a letter from my work regarding releasing me from my cuurent job if I failed to renew my EAD.
            I received my EAD shortly after that.
            Did this affect my mandamus case?
            Why the NSC employees said I filed the i129 even I did not?
            I am currently in Houston TX even my case still in Chicago and my interview was in May 2013.
            I remember the officer told me to wait for the mail in 10 days and it’s like 2+ years now waiting with my wife and 3 kids for a background check !!!.
            Thanks for your help Jason.

          • The mandamus should have been filed with a federal court, so you can check the progress of the case with the court. I have no idea about the I-129 – also, you cannot get info about an asylum case from the USCIS 1-800 number (due to confidentiality issues), so I am not sure what that is about. And I doubt anything you did regarding the work permit would affect your Mandamus case. Please let us know if you have a result from the mandamus, as it would be helpful to know. Thank you, Jason

  39. Hi Jason
    Small question about the asylum, I sent my asylum case to mesquite Dallas in Marsh, now already more than 3 months I didn’t get any notice receipt or alien number, what do you think happened in my case? ?

    Reply
    • Something is wrong, as you should have received a receipt and fingerprint notice by now. Can you track the case with the post office to make sure it was received? Maybe you should email or go to your local asylum office and inquire about what happened. I am not sure whether the local office can help, but it is a good place to start. Also, you might want to hire a lawyer to help you. It is difficult to resolve an issue like there, where you do not yet have an alien number to track the case, and maybe a lawyer can help. Good luck, Jason

      Reply
      • Thank you for the information, maybe you can advise me more if I give you more information ?
        I tracked the post, they received my application in 12 of Marsh 2015.
        I live in Daytona Florida, i sent application to Mesquite Dallas, after one month and half i called customer care immigration number, to ask about the notice receipt, they gave me the phone number of Miami asylum office, I called there, in the end of call computer answered that no officer available , keep your name, mobile number, alien number (i do not have yet) and reason why I called, and we will call you back, they did not call me back…
        but the interesting that the computer voice said that we can send inquiry and they will answer by mail !
        Any further advise Jason

        Reply
  40. I applied my case I-589 in july 2014 from Chicago office. But i gave my finger print August 2014. After that I did not receive any letter. Any body applied same case from Chicago office and any information related with my case. Please let me now because I am very upset.

    Reply
    • The Chicago office is still interviewing cases filed in 2013, so they have not yet gotten to cases filed in 2014. Hopefully, they will move along and reach your case soon. Good luck, Jason

      Reply
  41. hi . how are you . i applied asylum couple month ago and i didnt get my interview yet .my question is ? how long it will take . i heard some people sayed if you applied asylum on 2015 you will get your interview in 2019. is that true ?

    Reply
    • I highly doubt it will take 4 years, but it will probably take more than a year. Different offices are interviewing at different rates. At the moment, Houston is fastest (currently interviewing cases filed in about May 2014) and Los Angeles is slowest, currently interviewing cases filed in about June 2012. Good luck, Jason

      Reply
  42. You once replied me on this post that SAN Francisco office is currently doing 2013. But my husband applied in January 2013 in Seattle. But hasn’t been called for interview yet. wt could be the reason or is it that they haven’t strted interviewing 2013 or doing randomly?

    Reply
    • I am at work now, so I have the dates – San Fran is interviewing cases from about June 2013. Probably, the issue is that, while Seattle is under the SF office, the interview dates are different, and I do not have any information about those. I recommend you email the SF office and maybe they can give you some insight. Good luck, it is a very long time to be waiting, Jason

      Reply
      • Oh really! That’s shocking as well as worrisome, they are doing JUNE 2013 But those who applied in JANUARY 2013 still haven’t been called. I knw seattle could be in some special scenario. But its really weird and worrisome as everywhere it’s july 2013 or june 2013 how can they skip those who applied at start of 2013 🙁

        Reply
        • Maybe you should email the main office to check the status. Also, remember that Seattle might be on a different schedule than San Francisco; I have not info about Seattle. Take care, Jason

          Reply
  43. Hi Jason,
    Thank you for the recourse, it is very crucial, I think!
    My attorney and I had my asylum application filed in March 2015. I have some chronicle diseases which, due to having been under a lot of stress, just recently came up with the recrudescence and I need to take prescribed medication just in order to feel ok. For sure, I don’t have health insurance and am on short cash and just can’t afford any doctor’s procedures. Could that be a reason expedite my case due to medical conditions?
    Thank you,

    Reply
    • It could be – at least you can try. You can give the asylum office a doctor’s note and explain why you need to expedite. Good luck, Jason

      Reply
      • Thank you Jason!
        Should I tell a doctor that I need a note and what for or just ask for the records after passing the check-up?

        Reply
        • When we do this, we try to get a specific letter from the doctor explaining why you need to expedite.

          Reply
  44. Hi Jason thank you for all the information you constantly providing, it has been very helpful. I did put my name on the shot list notice on march 2015, and after 6 weeks I did go to the Arlington asylum office to confirm if they did so, and the guy at one of the windows told me am on #196, do I have to wait for a long time? Thank you once again.

    Reply
    • It is unknown how long you will wait. There was some talk of telling people where on the list they stood, which would be helpful, but I doubt this will happen. At one point, I heard they interviewed about 10 short-list cases per month. I am not 100% sure that is accurate information, but if so, it means the short list is not very short. Good luck, Jason

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

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

    Reply
  47. Hi Jason
    Do you take cases?
    How can we contact you?
    Thanks

    Reply
    • Sure – I will be out for a bit, but try me this afternoon: 202-328-1353. Take care, Jason

      Reply
  48. Hi Janson Thanks for this informative blog. I am from Ethiopia. I got scholarship and studied my MSc in Belgium before a year. i filed asylum before a month here in USA. Currently I awarded another scholarship from Belgian government for study which will start next September. Can I travel to Belgium to study while my asylum case is pending? if so for how long can I stay in Belgium? If i get travel document is it a full guarantee to re-enter USA?

    Reply
  49. Hi Janson Thanks for this informative blog. I am from Ethiopia. I was applied asylum before a month and finger printed. I got scholarship and studied my MSc in Belgium last year. currently after I filed my asylum I got another scholarship in Belgium which will start next September. Can I go Belgium and study there while my asylum process is pending here?

    Reply
  50. Hello Mr.Jason I applied for an asylum on march 2013 then I had my interview in August 2014 in Omaha, Nebraska and by April 2015 they send a letter that they didn’t approve me, and also they sending me to the judge on November 2019 ! Isn’t it ridiculous?They want me to wait like 4 more years and with no any garantee.The point is I have a family, my mom my dad and it’s been like 3 years i didn’t see them,and its not easy to get US visa so they could come to see me,there is so many refusals..Mr.Jason what do you think can I go somewhere to meet them?Is it possible?What should I do in this 4 years?

    Reply
    • I am not sure, but I believe the November 2019 date is a “holding” date, meaning that it is temporary until they assign you an actual date, which will (hopefully) be sooner. If your case is in court, you should hire a lawyer. We have had some luck moving cases forward by filing a motion to advance. Maybe your lawyer could try that. As for travel, you need to discuss with a lawyer. Generally, if your case is in court and you travel, it is considered a self deportation and you cannot come back. Good luck, Jason

      Reply

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