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. Hi Jason;

    I’m a Syrian citizen, I’ve been in the US since Sep/2013, I’m currently on TPS. However; I have a pending asylum case since March 2013, and I have not heard anything back from USCIS since. I live in MA, and although an Asylum office has opened recently in Boston, no progress occurred so far… Me and my girlfriend “we’ve been together for 3 years” are planning to get married soon “she became a citizen few month ago”.

    Given the above info, I have the following question:

    Will our marriage affect the Asylum case, or will the Asylum case affect the marriage? I don’t want to put her in any odd position due to my status…

    Thank you.

    Reply
    • Made a typo.. I’ve been in the US since Sep/2012

      Reply
    • I can’t really answer the question, as I do not know all the details. In general, if a person marries a US citizen, it is better to adjust status based on the marriage (if you are eligible). The asylum case normally would have no effect. It is worthwhile to consult a lawyer to make sure there are no complications, but generally, if you entered the US legally and you have not been convicted of a crime, it is pretty easy to get a green card based on marriage. Good luck, Jason

      Reply
  2. Hello
    My visa is J2 and I applied for asylum in April 2014 and I’m still waiting for the interview can I apply for DV lottery GC while my asylum case is still pending is that will effect on it ?
    Best regards

    Reply
    • You can, but you will probably have to leave the US to get the green card if you win the lottery, and you may or may not be eligible to do that. You might as well try the lottery, since it is free. If you win the lottery, you should consult with a lawyer who will advise you how to proceed. Good luck, Jason

      Reply
  3. Hi!

    I understand that the door is open for Yemeni citizens to apply for TPS. I’m a student and currently hold an F-1 visa. Will applying for the TPS affect my F-1 status? i.e. will i still be able to go to school and enroll for classes if i apply and am granted TPS?

    Thanks a lot!

    Zahra

    Reply
    • I do not do a lot of TPS, so you may want to talk to a lawyer who does. I believe that it should have no effect on your student status, but if you want to be sure, you should talk to someone who knows more about TPS.

      Reply
  4. Hello Jason,

    Since the U.S. will be accepting more Syrian refugees, does this include those who are inside the country with asylum case?
    I have asylum pending case and still haven’t gotten my interview in Chicago.

    Thanks!

    Reply
    • No – the new numbers will not affect pending cases (except maybe to cause delay – but I will be writing a blog post about that this week). Take care, Jason

      Reply
  5. Hi,
    Thank you for all your help. I applied for asylum in Aug 2014 in Wisconsin and still waiting for interview apt. How can I contact the asylum office to put my case on the short list or ask for expedite or even ask about expected interview date? is it only mailing or can I call or email?
    Thanks

    Reply
  6. Hello Sir,

    I have been waiting for my asylum interview date for almost a year now. I have two questions which i hope you would be able to answer.
    1: How do i add my case on the “short list”?
    2: How do i request to expedite my case?
    Thank you in advance for your help.

    Reply
    • You have to contact the local asylum office – not all offices have “short lists.” If they have one, you can ask how to add your name. Each office also has its own policy about expediting – you have to contact them, but generally you need a reason like health problems or family separation. Good luck, Jason

      Reply
  7. Have you ever taken any case of tibetan people.where is office located? i would like to visit you regarding my case. thanks

    Reply
    • I have not done a case for a Tibetan, but we have done cases from many countries, and we can certainly do a case from Tibet. We are in Washington, DC. If you want to contact me, you can email at Jdzubow (at) DzubowLaw.com.

      Reply
  8. hi Jason,
    I have pending asylum case since 2013. we did interview in 3/2013 since that time no decision made.
    I am a medical graduate and trying to do my residency in US. But I can’t because my status. I send a request letter to USCIS to expedite the decision to help me to apply for residency program AND they send me a response saying they will make a decision very soon.
    DO you think this response is going to be a positive for our case?

    thank you ,
    susan

    Reply
    • I have no idea. They generally do not expedite decisions, but maybe your case is done and they are just waiting to complete the background check. It is hard to know. Good luck, Jason

      Reply
  9. Hi Jason,
    Though its my first time posting here i really appreciate your help in anwering questions thanks alot.
    Heres my question close friends and relatives have advised us not to file for asylum in texas saying that the denial rate in houston is high though they are fastI wanna know how true this info is pls as we only have close ties in even free accomodation in texas nd no where else in usa.I belief we have a strong case with a lot of concrete evidence but i dont want to make any false move that will jeopardize our chances.I will send you an email pretty soon.Cheers.

    Reply
    • I have not seen a break down of grant rates for the different offices. I once did a very rough calculation based on some incomplete statistics I found, and if I remember correctly, Texas had a lower approval rate than Virginia (my local office). However, that is too rough to really be of value, and – if anything – it depends on which officer you get (and of course the strength of your case). I would not try to guess which office is better unless you find some reliable info about that, and since you are in Texas and can stay there, that is probably your best choice. Good luck, Jason

      Reply
  10. Hello jason

    Please give me your email address i need your help regarding my asylum case.

    Regards…amna

    Reply
  11. Hello Jason,
    I applied in June 2015. I am waiting to get a date for an interview. However, I would like to know if I can apply for a school program. Actually, I am an dentist from Nigeria and I’ve applied to dental programs in the US. Given that my asylum application is still pending, will it interfere with the admission process, if I am accepted in any of the programs. I am also looking to apply for a master’s program. Can I apply to these type of programs, and if not, what kind of programs can I apply to. Bear in mind, I came in with a visiting visa, my six month period expires by 7th of November.

    Reply
    • The best path would be to get accepted at a school and that change status to an F-1 (student) visa. This might be problematic given that you applied for asylum, but I have had clients successfully make similar changes, so it might be worth a try. However, you should probably have a lawyer to help you with that, as it can be tricky. Once you have the work permit (based on asylum pending), you should be able to attend school with that. However, each school seems to be different, and so you will have to contact the school and see what they say. Good luck, Jason

      Reply
  12. Hi Jason,
    thank you so much for the helpful info.
    If i want to hire a lawyer,is there any lawyer that you would like to recommend.

    Reply
    • I suppose I recommend myself!

      Reply
      • How much is your fees for the specific case and do you make any discount for the people like us? Actually i don`t have much money to pay for the lawyer as i said in my earlier comment.I thought my case will be approved soon but its taking much longer time than i have expected.

        Will be pleased to hear from you!

        Reply
        • For an affirmative asylum case, I generally charge $2800 as a flat fee. You can also contact local charities to see whether they can assist you. Good luck, Jason

          Reply
  13. Hi Jason,
    Thank you for all your helpful information.
    I am a Syrian citizen. I’ve been living in the U.S. for 9 years mostly on a student visa until 2014 when I obtained TPS and applied for asylum. It has been exactly one year since I applied for asylum and I still haven’t received an appointment for an interview. When contacting asylum office, they said I have to wait till the end of 2018 before I receive an interview. I fine that wait extremely long, knowing that I have established an art therapy project in a refugee camp in Jordan and if I wait 3 or more years to go back, it will be dead by then. The art community in IN and the country had recognized my work. President Obama wrote me a personal thank you letter for helping the Syrian refugee children. Do you think my humanitarian project would fall under any of the exception for expediting my interview?
    Thank you for your time and efforts

    Reply
    • It is very difficult to expedite asylum interviews, and I do not think your project would cause your case to be expedited. On the other hand, I am not the one making the decision, so there is no harm in trying. Sometimes when a case has publicity, it moves faster (though we have some high profile cases that are not moving fast at all).

      Reply
  14. hello! your site seems very helpful. I have applied for the asylum since 6 months and had also applied for the EAD after 150 days but i don`t get any response yet.I have no personal lawyer because i cannot afford lawyer fees so i did it everything my own.I don`t know when my interview will be schedule and i can get my work permit.Any idea please???

    Reply
  15. Hi Jason I was refugee the past ten years UNHCR referred. To me Rsc Africa and then us is interviews. Me and send me medical exam then they said you have to wait security. Clearance with multiple. Agency. Within 6 month my case is on hold therefore I spokes UN Refugee agency explained. I don’t want those funy system things from uscis I was told UNHCR if uscis deny your case and you receive. Denial notification. UNHCR will help you to refer you another country
    So all I want get rid of them uscis and receive a denial things please some kind of advice

    Reply
    • I do not understand your question. Also, I do not know much about the UN refugee process – I mostly do asylum cases for people who are already in the U.S.

      Reply
      • I mean.I’m u.s admission program applicant. Which was referred UN Refugee agency last year I. did completed. Uscis interview. Steps medical check up and all the requirement but they said your case is long term. Hold and we cannot estimate how long it will take security check and that’s. Depends. Multiple. Agent but me my side any country who hosts. Me suitable. For me i don’t. Want those guys holding. Me for no reason and what i want how i can get uscis denial decision quick as posimble

        Reply
        • Please even payment and some other kind of service contact. but I need get rid of them and have a way out Me abdiqani886@gmail.com

          Reply
        • I really do not know. If you are in Egypt, there is an organization called St Andrews that might be able to help. Good luck, Jason

          Reply
  16. hi i applied for my asylum and it was recived in august 13th 2015 now almost 4 weeks with no reply what should i do?

    Reply
    • Normally, the receipt comes in 3 to 5 weeks, so if you do not have it, you may want to contact the local asylum office to ask about it.

      Reply
  17. hi Jason I wanna ask you about something I am pending asylum and I filled application to foid card in illinois do you think they will approve to give me card or not

    Reply
  18. Hi Jason,
    Thank you for your informative resource! I have a question for you! I applied for asylum and now am waiting to be called in for interview. But my partner is an american citizen. If we get married I could be legal and get the green card faster. Does the marriage interfere with my asylum case and it would automatically be denied in the future?

    Reply
    • If you entered the US legally, you are probably eligible to get your green card based on the marriage. If that happened, you would close the asylum case and you would not get asylum (but you would not need it). Given the asylum delays these days, marriage might be the better option.

      Reply
      • Thank you! Yes, I entered the US legally, but by the time of having the I-589 filed, my six-month period of visitor’s stay had already expired.

        Reply
        • You should talk to a lawyer about the case before you proceed – just to be on the safe side. Good luck, Jason

          Reply
  19. Hello

    I would like to ask a question. I have recently applied for Asylum, for my husband and I. how long do we have to wait to get fingerprinted? Also we just gave birth to our baby she is 2 months old, she was born here in New York. Can this help our case to? I don’t have a lawyer, do you recommended me getting one .

    thank you very much for your time

    Reply
    • Depending on the case, a lawyer is more important or less important. In general, I recommend that people use a lawyer, as asylum can be complicated. Maybe you can talk to a lawyer about the specifics of your case and get a better idea of whether you should hire someone. Usually, people get a fingerprint appointment in less than one month after they file.

      Reply
  20. Dear Jason
    My sister applied the asylum on August 2014 for Maryland but she didn’t get any information about interview . Sir how long she wait for interview. Please give me some information about it please

    Reply
  21. Hello sir
    August 2014 app but don’t come letter for interviews how long waiting please please sir give me some information

    Reply
  22. Dear Jason
    My family applied the asylum on May 8, 2014 and had a interview on June 9,2015.
    I did not get any information by now. My EAD card will expire soon.
    Can I go to the asylum office to see how long I will wait for?
    Another question, My father was ill in our country and I need to see him. Can I leave American for my country?
    Thanks.

    Reply
    • Unless your case is granted, you need to apply for Advance Parole (form I-131) to see your father, and if you go to your country, it will likely result in the asylum case being denied. You should consult a lawyer about this. You can go to the asylum office or email them to check on your case. Unfortunately, there are often delays and there may not be anything you can do about it. Finally, if your EAD is expiring, you might want to apply for a new one in case your decision is delayed. Good luck, Jason

      Reply
  23. Dear Jason!
    I would like to ask about the changing of address! I applied for an asylum in 2014 December and i got my EAD few weeks ago but i’m still waiting for an interview, because of some circumstances i have to move and i don’t have a address yet, its possible to get an USPS physical address so my documents will be send to? Will USCIS send the notice for an interview to that address?

    Reply
    • You can have them send the documents to any address you give them, but you are also supposed to give them a physical address where you live. You could get a PO Box or use a friend who can call you when the mail arrives.

      Reply
      • Thank you so much!

        Reply
  24. Dear Jason,

    I’ve applied for an asylum with my husband in August 2014, his father and two more brothers applied too, all at the same time with the same situation but we all have separate cases. We went through interview and then received a letter that our case has been sent to court but without a date for hearing. My father in law case has just been approved. Our lawyer said that right now he can’t do anything as the court date hasn’t been setup yet, but it can take years. Is there any way to speed up the date setting process? My point is that my father in law has the same case and its approved, so may be based on that we can do something. Thank you in advance

    Reply
    • His approval will likely help your cases. You could contact the asylum office to ask them to reconsider – given that the father-in-law was approved, maybe they will look again at the other cases. This is unlikely to work, and you have a limited time period to do it after his approval, but you can try. As for speeding up the court cases, you can try, but it often does not work. You can contact the Office of the Chief Counsel to ask them to file the NTA with the court (this is the way a case commences), and maybe they would speed it up, but again, usually, they will not.

      Reply
  25. Hi,
    I have applied for asylum on August, 2014 from NY and my case is at Newark office and currently waiting for my interview schedule. I got EAD recently. Recently my attorney sent an inquiry and received a response saying they were doing currently for 2013 cases. I have a question, I want to travel out side the US to see my parents who is sick and ailing of old age. I came here on HIB visa and it’s almost 11 years.
    Thanks in advance for your response.

    Reply
    • You need to apply for Advance Parole (form I-131) to travel. It is not so easy to get, and you should talk to a lawyer before you travel, as it could jeopardize your asylum case. Take care, Jason

      Reply
  26. Hello!
    I’m in Houston and sent my petition for asylum to Mesquite, on april 27, and until now have not received my notice of action. Went to the asylum office here in Houston, and they gave me an A number, but can not tell me about the notification, nor the finger printing. Where sould i go, or call? it’s been 4 months now

    Reply
    • It seems like something is wrong. Make sure that was the correct address to send it. Otherwise, you can try the 1-800 number on the USCIS.gov website or make an InfoPass appointment on that same website. Also, you can contact the Ombudsman to see whether they can help. Good luck, Jason

      Reply
  27. Dear Jason,

    I am an asylum applicant and have been waiting for a decision since I did my first interview on April 2013. I did a second interview on April 2014.
    Last time my attorney inquired, we were told the case is in the headquarter for ‘quality assurance’. My attorney said she does not know how long this will take.
    Meanwhile, I spoke to another attorney who told me that I am qualified for Green card for extra ordinary abilities. I have a PhD, published papers and articles and was a fellow at prestigious universities. However, the big question is whether I can apply for the adjustment of status after filing my asylum case, and if that is possible, would I be required to leave the US in order to apply for this visa?

    Reply
    • Dear Jason,
      I would like to thank you for your response to all the inquires. My asylum case was referred to master hearing on March 2015 to be adjourned to May 2016 because the judge cancelled all the cases on this day. As this is taking long I would like to apply for family reunion since both my parents live here and will get their citizenship within six month. Would this affect my case and do you think it will take less time to go through this channel?
      Best regards,

      Reply
      • It may be possible to get your status based on your parents, but (if you are an adult) it is very slow and probably requires you to leave the US and return. You should talk to a lawyer about it to explore your options. Good luck, Jason

        Reply
    • It generally depends on whether you went our of status and whether you have “unlawful pretense” in the US. These questions should be easily answered by an attorney.

      Reply
  28. Dear Jason.

    many thanks for all of your efforts .

    Kindly I am looking to your help and advice I was an Interpenter working with US Army back in Iraq and I have recommendations letters and threaten statements , I am right now in U.S. For a buisness visit temporary visa , can I apply for asylum ? Is there is chance to grant asylum?please Advise

    Matrix

    Reply
    • We have done a number of cases where the applicant had such letters (some of them had also applied for SIV). These types of asylum cases are generally very strong and as far as I can remember, all of ours have been successful (or are still pending). So it sounds to me like you might have a good case. You should talk to a lawyer about it to have a better idea. Good luck, Jason

      Reply
  29. Dear Jason,
    I applied for asylum almost 3 years ago and I haven`t had interview. I read somewhere in internet that if it is passed 4 years and still waiting for the asylum interview, there is a special process you have to go throw? or this are just rumors? Thank you very much!

    Reply
    • I never heard of such a process. At the minimum, you should contact the asylum office to make sure the case is still pending. You can also try the Ombudsman. Good luck, Jason

      Reply
  30. Dear Jason: I applied for political asylum 2 years ago, I haven`t had court, My question is: I need to travel to CA (I live in TX) can I take a plane? or should I ask first for a permission? In case that I can take a plane, which papers should I travel with? I`ve lost my passport when crossing the US/Mexico border so my embassy made a new one for me, would my passport be valid to travel?
    Thank you so much
    Danila

    Reply
    • For a flight within the US, there should be no problem – you can bring your passport, your driver’s license, and your work permit, and I recommend you bring something from immigration showing that your case is pending (though this should not be needed to board the plane). If you are not sure about what ID they will accept, you can contact the airline.

      Reply
  31. Hi I came to the states 3 months ago planning to apply for assylum for my 3year old with cerebral palsy,she cant access some medical services without a social security no.so I was adviced to use an attorney for my case so that it can be expedited but I cant afford all that money.there are institutions that can help me file for her at a nominal price that I can afford but I am told that it will take long,is this true and how can I go about this because my daughter cant access her medical assistance and we cant return to our mother county because of her condition.Please advice.thank you.

    Reply
    • A health reason, especially for a child, may be a reason they will allow you to expedite. You do not need a lawyer to help with your case, but obviously a good lawyer can improve your chances for success and maybe help you expedite the case. If you cannot afford a lawyer, you should try to contact some local charities (like Catholic Charities) and law schools, which may be able to help or refer you to others who might help. Finally, if you look at your local immigration court (http://www.justice.gov/eoir/eoir-immigration-court-listing) and click on the link, you will find a link to “Legal Aid” which lists low cost attorneys who maybe can help you. Good luck, Jason

      Reply
  32. Hi Jason,
    Great info, thanks! I have a question about the status of the applicant’s family when the case is delayed (little off the topic of case process). With college age kids, can they go to school? if so, are they going to be considered resident and pay in-state tuition? can they apply for scholarship? Do they need I-20?

    Thank you very much

    Reply
    • If they have a work permit based on the main applicant’s asylum, they should be able to attend university. I believe some states may give in-state tuition and certain scholarships may be available, but you would need to check with the school. There is no law that grants asylum applicants in-state tuition, so it depends on the state and the school.

      Reply
  33. Mr. Jason
    I applied for.an asylum in august 2014 in chicago and got EAD.
    Any info about when is the interview? So far not received interview notice but I did fingerprints. Also recently I got additional documents from home country so when I should submit them as an additional document?
    Thank you.
    Jonny

    Reply
  34. Hi Jason thanks for the information about the delay cases . I have 2questions .i live in Chicago I applied for asylum on June/2013 and I got my interview on March/2014 .. And till now nothing since that date. Also my lawyer send them inquiry, he told me this inquiry will not effect anything because Chicago office has hundreds on inquiries and they don’t respond for it ..but he send it like 6 months ago .. 2 can I apply for the white passport the travel document .while my asylum pending
    Thank you ..

    Reply
    • The white passport is the refugee travel document – you can only get it if your case is approved. While you are waiting, you can apply for advance parole to travel but you need to talk to a lawyer before you do that. Also, I agree that inquires are basically a waste of time. It does no harm, but mostly lawyers do them without much hope of any result – but clients want to see the lawyer doing something. Maybe you would have more luck with an inquiry to the Ombudsman. Also, of course, you can file a mandamus lawsuit. Unfortunately, it is very difficult to make the decisions come faster. Good luck, Jason

      Reply
      • Thank you for answering my questions.. I ask my lawyer and he told me you can apply for it even if your case still pending.. But he said I don’t recommended and I can’t guarantee for you if you go out you can come again and Enter to US .. So in my case I applied since 2013/June. And interview was 2014/March and now 2015/August. is there any idea when maybe ..maybe.. I can expect receive an answer ..

        Reply
        • Very unfortunately, there is no way to know when you will get a decision. You might try the Ombudsman or even a mandamus lawsuit to make it faster. For us, we have had many people wait over one year, but very few (so far) waiting more than two years. Also, we have been receiving a few decisions for people who interviewed a year ago, so hopefully you will get a good decision soon too. Good luck, Jason

          Reply
          • Thank you man for your help

  35. Heloo Sir please I have a question what bad is if I apply for assylum in usa I have a usa visitor visa but I was student in canada but my canada student visa sis almost expire? Thank you for answering

    Reply
    • You may need to explain why you did not apply for asylum in Canada, but the fact that you had a temporary visa to Canada does not prevent you from seeking asylum in the US. It does make things a bit more difficult, and it would be worthwhile to consult an attorney about the situation. Good luck, Jason

      Reply
  36. Thank you for the post Mr. Dzubow.

    My case was referred to the court in Feb.2015, and my master calander hearing is on March 2016.

    My sister entered the USA with a student visa last month and she is also facing the same life threatening problem I do, back home, which makes her eligible to apply for asylum. I know that she can apply for asylum separately, and have her own case, but in that case I think she’ll have to wait years for her interview and god knows what will happen after that.

    Can I add my sister (who is present in the USA) to my asylum case so we both go for hearings together and get the decision at the same time? If yes, is it better if I add her befor my master calander hearing or after that? And how is it going to affect my case?

    Thank you in advance.

    Reply
    • You cannot add a sister to your case unless it is your parents’ case and you are both minors. Otherwise, she has to apply on her own. Good luck, Jason

      Reply
      • Thank you very much for the information Mr. Dzubow. You are being very helpful to all of us.

        If she applies for asylum on her own, how would the fact that I am also seeking asylum effect her case? Would they want to know based on what I applied for asylum and review my case/submitted documents?

        Reply
        • The asylum office will likely know about both cases, so they should be consistent. Otherwise, it should not affect your case or her case. Take care, Jason

          Reply
  37. Hi Jason,
    I applied for asylum and passed the fingerprint, can I add some more documents in my file by mailing to immigration office?

    Thanks,

    Reply
    • Yes – it depends on the office. In our office, any additional documents must be submitted at least one week before the interview. I recommend that you hold all documents and submit them at the same time.

      Reply
  38. Hi,
    How long it takes approximately after sending the letter to expedite the asylum case for a serious reason to get an answer?

    Reply
    • There is no time limit, and you may never get an answer. Usually, if they are going to expedite, you will know in a month or two.

      Reply
  39. Hi Jason,
    I have applied for asylum on January, 2015 at NC and currently waiting for my interview schedule. I have requested expedite interview scheduling by email and I got below response from office.
    “We understand and have made note of your concerns, but unfortunately are unable to schedule you for an interview at this time. We apologize for any inconvenience and will seek to schedule you for an interview as soon as resources permit”
    What is this means? Am I shortlisted or they denied my request?
    Thanks
    Sama

    Reply
    • The short list is something different from an expedite request, so unless you specifically requested to be on the short list, I think you are not on it. Many people want to expedite, but generally they will not do that.

      Reply
      • Thanks Jason for the wonderful advice, however I still have doubt in understanding the email communication provided by the USCIS. Please help me understand that did they have considered my expedite interview scheduling request or they denied it?
        Regards
        Sama

        Reply
        • I do not know. Maybe you should contact them again to ask them to clarify.

          Reply
  40. Hi,

    My wife is lead applicant in our Asylum Case, after 150 days of pending case, we can both apply for EAD or only my wife can apply as she is lead applicant

    Reply
  41. Hi Jason! Me and my husband applied for asylum in October 2013. In January 2014 we received our interview notice. We came to office on the appointed date and were forced to reschedule the interview because we came without interpretor (our lawyer told us that I could translate for my husband but the officer did not let me to do this). Since than 7 months have passed. Is it normal time for rescheduling interview? What can you recommend us? Thank you in advance.

    Reply
    • That was not very good advice from your lawyer. Normally a rescheduled case gets priority, so it seems like something is wrong. You should contact the asylum office to inquire. Good luck, Jason

      Reply
  42. hi Jason I made my interview for my case at March 2013 in chicago office and I am still pending but I have another issue my wife was with me in the case but she bored and came back to our country after 3 months from our interview and she called the asylum office and told them that she back to our country and we had a problems. nowadays I think in sending a letter to the office to tell them that my wife back but I am still her and I am the main applicant what is your opinion. send this letter to the asylum office or my case will be harmed

    Reply
    • I would need to know a lot more about your case. I think you would do well to consult with a lawyer about what to do. Good luck, Jason

      Reply
  43. Hello,

    Thanks for sharing all of the info about the delay cases.
    My question is: does the asylum office look at the cases who are from the war zone countries? Syria for instance?

    Thank you so much!

    Reply
    • They do look at that, but at the interview to see how it affects your case. It does not affect how quickly the case moves. Good luck, Jason

      Reply
  44. Hello!
    I filed my documents in april 2015 in LA and now I’m waiting for the interview and soon it will become 150days and im wondering if i applied for EAD is it true if you submit your document for work permit your case for asylum be delay?

    Reply
    • That is false – everyone’s case is delayed due to the backlog; submitting the work permit has no effect on how long your case takes.

      Reply
  45. Hello! First of all I want say thanks for all information you share. Last 2 years I was looking for any news about why my case and many others delayed, and finally, thanks to you, I found.
    I have couple questions.
    You told, in Miami office they are interviewing cases applied in about March 2013, how many cases are they interview per month ( approximately)? I applied my case in May 2013, any idea when expect invitation for an interview?

    Reply
    • The number of cases they interview each month varies a lot, and I do not have that info. Supposedly, they will posting information about how quickly cases are being processed, but they have been telling us this for months, so I do not know when that will happen.

      Reply
  46. Dear Jason
    Thanks again for the support and the prompt response you give for all of our questions and worries.
    I have files my case (me my wife and a 3 yr. Child) on 2/23/2015 on san francisco office but i have have read about the backlog and the waiting time in different offices my question is
    Do you recommend me to move my case from San Francisco to Houston? What are the pros and cons ? Knowing that i have applied for EAD on 7/25/2015 and didnt even recieve anything yet.
    Thanks in advance
    Regards
    Saif

    Reply
    • It really seems unpredictable whether a move will help you. San Fran is not the slowest office, and so it may cause more delay to move the case. Really, if it was me, I would just live wherever is best for you, and wait for the interview, as trying to make a case faster by moving is so unpredictable.

      Reply
    • Hello Saif,
      Have you gotten your EAD yet or any receipt since the last you applied about a month ago? Thanks

      Reply
  47. Dear Jason,

    First off, thank you so much for what you are doing for the asylum-seekers!

    I have a question regarding my case. I filed it in June 2012 in NY, moved to Chicago a year later, had my interview at Chicago Asylum office in October 2014 and haven’t had a response yet…My friends had their asylum interview in February 2015 there (also moved the case to Il from another state) and just got their approval a few weeks ago. How could this be that the interviews that took place later were handled and received decisions faster than the ones that took place earlier?

    Reply
    • Unfortunately, some decisions are faster than others. It seems to be because of security background checks, and some people take longer than others. I really do not understand why. You can always contact your asylum office to inquire about the status of your case. Good luck, Jason

      Reply
  48. hi jason really you are good helpful for many people. I made my interview to an asylum case in march 2013 and till now i am pending, i sent many emails and they were respond me but last letter notify me that not more inquires will increase the case and they told me that there are many issues they work on it. and that letter from last may. So what an i do

    Reply
    • I am encouraging people to try the mandamus lawsuit. It is ridiculous that your case has been pending for 2+ years. There is simply no good reason for such a delay, and if you Canby afford an attorney, I encourage you to try the mandamus. Good luck, Jason

      Reply
  49. Hi Jason,

    I got recommended approval on April, 2015 after submitting documents in December, 2013, and since then I have been waiting for the final decision. I read it somewhere that the reason for the delay of the final approval might be old fingerprints – it said that if the fingerprints were submitted more than 15 months ago (I submitted in January, 2014), than the USCIS would need new fingerprint results, is that true? Also, would you recommend visiting the asylum office to inquire – do you think it would escalate things anyhow?

    Thank you!

    Reply
    • They should contact you to give a fingerprint appointment if that is necessary. You can try an in-person inquiry. You can also try the Ombudsman’s office. Good luck, Jason

      Reply
  50. Hi Jason,

    This is Jit. I have applied an asylum application on June, 1013 from Washington State and I have not got interviewed to date. I will be grateful should you write me what year is interviewing in WA? I am really waiting for long and sick being away from family. Thanks

    Jit
    Seattle, WA

    Reply
    • Your office is San Fran, which is interviewing cases filed in about June 2013, but Seattle is a sub office, and I suspect that is slower, but I do not have any information on the time frame there. Hopefully, it will be soon.

      Reply

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