These days, I feel a bit like a broken record: Delay, delay, delay. It’s all I seem to write about (and what I spend much of my work day dealing with). But it is the big issue with asylum cases, both in the Asylum Office and the Immigration Court, and so it is on everyone’s mind. Today I want to talk about delay at the Asylum Office and what can be done about it.
Most recently, the Asylum Office changed its policy and is now interviewing old cases before new cases. This means that new cases will probably take one to two years before the interview. Previously-filed cases will be interviewed in the order that they were received by the Asylum Office. Our oldest backlog cases–filed in April 2013–have just been scheduled for interviews, so we are starting to see the effect of the new policy.
Anyway, let’s get to it. If your case is delayed, what can you do about it? There are several actions you can take to try to get a faster interview date. None of them is guaranteed to work, but–depending on your circumstances–some may be worth a try.
Short List: You can put your case on the “short list.” The short list is a list of people who will be contacted for an interview if another case is canceled. In my local Asylum Office (Virginia), there are approximately 250 cases on the short list. The Asylum Office interviews about 10 such cases per month, so the “short list” is not very short or very fast. When your name is called, you may not have much notice before the interview (for example, the Asylum Office could call you today and tell you to appear for an interview tomorrow). For this reason, when you put your name on the short list, your case should be complete and all documents should be submitted. This is particularly crucial if your Asylum Office–like mine–requires all documents to be submitted at least one week prior to the interview.
Once your name is on the short list, the Asylum Office will eventually contact you for an interview. In the event that you are called, but cannot attend, there is no penalty. However, your name will go to the back of the line, so probably you will not be called again for some time.
The bottom line here is that the short list may be a way to get an earlier interview date, but it is not all that fast. So it is certainly not a perfect solution. On the other hand, there really is no downside to putting your name on the short list, so if you would like to move your case faster, this is a good first step.
Request to Expedite: If you have a medical, family, professional, or other emergency or need, you can ask the Asylum Office to expedite your case. We have had mixed luck with this option. We’ve tried to expedite for several people where they had family members overseas who were facing problems. For most of these cases, the Asylum Office did not expedite, but for a few, it did. We were able to expedite a case where the client had cancer. We’ve also had luck expediting a case where the client needed to obtain status for professional reasons. In short, our success at expediting cases seems to have little relationship to the seriousness of the client’s problem.
If you want to expedite your case, you need to contact the Asylum Office and ask to expedite. You need to explain why you want to expedite and include some evidence–such as a doctor’s note–about the reason you want the case expedited. Again, we’ve had very mixed success with getting our clients’ cases expedited, but there really is no down side to trying.
Congress: You can contact your local Congressional Representative to ask for help with your case. You can find contact information for your local Representative here and for your state’s Senators here. Generally, in my experience, this option has not been effective at getting a faster interview date, but there is no harm in trying. If you have a U.S. citizen friend (or church group or other group) who can make this request for you, it may be more effective.
DHS Ombudsman: You can inquire with the DHS Ombudsman’s office about your case. This office exists to assist people who have problem cases. The Ombudsman’s website is here. I have a high opinion of the Ombudsman’s office, and they do want to help, but I think their ability to make cases go faster is very limited. I doubt they will be able to help make a case faster under ordinary circumstances. But perhaps if you have tried to expedite due to an emergency, and you have not had success, they could assist you.
Mandamus: You can file a Mandamus lawsuit against the Asylum Office. In a Mandamus lawsuit, you sue the Asylum Office and ask the Judge to order the Asylum Office to do its job (process your case). I have never done this, but I have heard about some applicants successfully suing the Asylum Office. Generally, the Asylum Office will not want to waste resources fighting Mandamus suits, so they might agree to process the case rather than fight the lawsuit. As I see it, the two downsides to this are: (1) There is not a strong legal basis to force the Asylum Office to process a person’s case. The regulations generally require asylum cases to be processed in less than six months, but there are broad exceptions to this time frame, and the Asylum Office can rely on those exceptions to process cases more slowly. Although the suits may not be very strong legally, they can still succeed where the Asylum Office would rather interview the applicant than fight the lawsuit; and (2) It can be expensive to hire an attorney to process a Mandamus lawsuit. For applicants who can afford this approach, however, it might offer a way to make things faster (though it will surely not enamor you to the Asylum Office).
To learn more about your options, you may want to contact your local Asylum Office. Contact information about your office can be found here. There is no magic solution to delay at the Asylum Office, but I hope that some of these suggestions will be helpful. If you have had success with these or other ideas, please let us know.
Hey Jason how are you? This is my thing! My visa expires in jan 1st ive was participating in all kind of polítical events in my country! And because of this i left my country in march 2014 then i try to go back to my country again in July then again i left my country and went to other place 4 times forced but Not as concerned as the last one! I came to the ud for second time in the year( first one on february till march 2015) on 1st July Cus something terrible happened to me! I wait so long because my brother doesnt have a visa And it might take years before i see him again! My cuestión is i have the choice to be in rome for 3 months see him for last time And then come back! And make the asylum case! Do u think that because i stayed here for 6 months if i leave 3 days before my visa expires! It might be a problem to the officers imigrants to let me in when i come back 3 months after … Also it will affect that decisión my case? Thank you so much! Im gonna be so grateful if u could Help me!
Whenever a person comes to the US, does not seek asylum, and then leaves, it can be a problem for the case. We see this frequently, and usually we can provide an explanation so the person can still get asylum. But it really depends on the case and the reason for travel. I do not know whether you will have a problem returning to the US if you go to Rome for 3 months. If you have a valid visa, you should at least be able to reach the US, but they may try to turn you away at the airport. If that happens, you will have to ask for asylum at the airport, which you can do, but probably your case will be before a judge (instead of the asylum office) and possibly, you will remain in detention while the case is decided – and that could takes months. Probably it would be best if you talked to a lawyer about the specifics of your situation before you leave the US. Take care, Jason
Hello jason
First I thank you for the helpful information you provide for people you need it.I would like to know how long it takes to receive a notice of receipt after sending an asylum application .thanks in advance
Usually it takes less than 4 weeks. Some of our clients never receive the receipts, but everyone gets a fingerprint notice, and that usually takes 4 to 8 weeks. Take care, Jason
Dear Jason,
I have applied for asylum and my case is pending now at Arlington office 6 month ago. My husband is living back home. Last month he gets seriously tortured and is being now hospitalized due to the massive injure he suffered. I got so desperate and really broken for not having done anything to help him escape from this hardship. However, I came across this post of yours and saw a glimmer of hope on expidating my interview. Do you think My husband situation can be a reason to request for expidated interview? If so, is sending a letter or an email good enough to make my request ? Do you think personlly visit to request for the interview make a difference thank sending a piece of paper? Please share me you thought on this matter. Thank you so much jason for your effrot to help those who are restless fro separating from their loved ones like me…..thank you.
It is a reason to expedite. I think you should write a letter and attach evidence (like hospital documents). Probably going in person does not help, but it might. I would start by submitting the letter, probably via email, and then follow up in a few weeks by email. You can also go in person. The fact is, there are a lot of people trying to expedite, and it is largely a matter of luck, so if you try, you might be lucky. If you need the email address, follow the link at the right called Asylum Office Locator. Good luck, Jason
Hello i applied for political asylum in january 26 this year from newyork but uscis denied my application.later I went to texas and aplied for asylum through immigration lawyer.my lawyer recently applied for EAD and uscis denied it.coz they are saying my asylum clock is stop after 83 days and my case was transferred from newyork to Houston asylum office.but it doesn’t make sense how they make conection which one I filled by myself and uscis denied that.so plz let me know how to resolve the asylum clock.and houston office said my asylum clock will start after my asylum interview!!
They took your fingerprints, so they would know that you filed two applications. I do not know why the clock would stop, however. I recommend you contact the new asylum office to ask them. You can find their email address if you follow the link at the right called Asylum Office Locator. Take care, Jason
Hello,
Plz, how I can put my name on the short list?!
Not all offices have short lists. There is a link at the right called Asylum Office Locator. You can use that to find your asylum office and find their email address. Then you can ask them whether they have a short list and what is their procedure. Take care, Jason
Hello Jason,
My name is Yuliya. My husband and I came to the USA near month ago with a tourist visa, and we are going to apply for the political asylum. While our asylum application is pending, I want to study in college. My question is should I apply for changing my status from b1/b2 visa to f1 student visa now before we apply for the political asylum or should I wait till we get SSN and work permit and then enroll in program in college? Thank you!
From the date you file for asylum, it takes (usually) 7 to 9 months to get the work permit. Once you have it, you can attend school. Or, you could change to an F-1 and then attend school, Changing to an F-1 may not be that fast either, so it is hard to say which option is better. Maybe talk to the school to see whether they would allow you to attend classes after you file for asylum but before you get the EAD – they might, as there is no set policy on this. Take care, Jason
Hey, Jeson
I applied for asylum in april 2015. But i left my family in 2009 and lived in europe for 5 years. I did not apply for asylum in europe. I went back to my country in summer of 2014 hopping that the poletical climate has changed. But again i am forced to flee leaving my wife and 5 year old son behind for the second time. It makes me helpless thinking that I have to wait 2 to 3 years for the interview. Imagine living 7 to 8 years without family you love. I tried to expedite my case but denied. My question is can i process my asylum if i travel to a refugee camp in a third country where my family can join me?
Thanks in advance for your help.
It sounds like a really terrible situation – and unfortunately, many people face the same problem. You could apply for Advance Parole (using form I-131) to try to meet your family in a third country, but that only allows a short stay. If you leave the US and try to process as a refugee (usually under the IOM – International Organization of Migration), it can also take a long time and there is no guarantee about what country they will send you to. You might want to try to get them a US visa – probably that is very difficult, but maybe it is worth a try before you leave. Also, even if you were denied being expedited, you can try again – Hopefully with some evidence about why you need to expedite. Good luck, Jason
Hi,
I’m in pending situation on my asylum case from 2013 ,
I did finger print and waiting for my interview, I got my work permission and SSN , but I have two kids in my case , can I apply for work permission for my kids so they can have an ID?
If they are dependents in your case (meaning you sent an extra page 9 of the form I-589 for each child, with their photo attached), you can apply for a work permit for them. Take care, Jason
Hello , Jason
Thank you for all above information, My concerns is I had interviewed over a year and I do understand that each case is take more or less time depends,to get decision from the court grant or deny, If my case deny are they going to lock me up and put me to removal spot right a way?
If your case is denied by the Asylum Office and your visa has expired, they will send your case to an Immigration Judge, where you can try again for asylum. I suppose it is possible that the government could lock you up, but I have not heard of that, and it has never happened to one of my clients. In short, it does not normally happen unless you have committed a crime. Take care, Jason
Hi, I’ve applied for asylum last year and I received my job permission and SSN, and now I’m waiting for an interview. I believe that after getting SSN applicant can apply for an insurance. I dont know how can I get it or where should I go for getting free and insurance. I would appreciate it if you can guide me.
Thanks in advance
I know of no way for you to get insurance before your case is decided (except to pay for it). You may want to contact your local Catholic Charities office – they often know more about benefits than private lawyers like me, and they help everyone. Usually for free or a low fee. Take care, Jason
Hi,
I’ve applied for asylum and I got my job permit and SSN, and I’m waiting for interview. After getting my SSN I requested for an Emergency Room Insurance from social security services office but they rejected me. Is there any chance to get an insurance? how can I get it? I believe that some of my friends could get that insurance after getting their SSN. I don’t have any insurance and it’s too expensive for me to pay for other kind of insurance.
I know of no way for you to get insurance before your case is decided (except to pay for it). You may want to contact your local Catholic Charities office – they often know more about benefits than private lawyers like me, and they help everyone. Usually for free or a low fee. Take care, Jason
I forget to tell you his case in IOM Amman – jordan(middle east office ).
Hi Jason ,
I applied for asylum for me and my son 4 yrs old. till now no interview scheduled.
my spouse determine as a refugee bu UNHCR and his case transferred to IOM ( international organization for migration) for ressetlement process to the united state.
he is waiting USCIS officer interview ., My question is : do you think my asylum case will effect on his ressetlment process or officer decision ? or this will be seperate case .?
I doubt it will affect anything, but USCIS my have a copy of his case (and USCIS in Jordan might have a copy of your case), so hopefully there are no major inconsistencies between your case and your husband’s. Otherwise, I do not think there should be any problems. Take care, Jason
Hi Jason,
I received my receipt dated 11/24/15. I have applied for my family(spouse and 3 kids), we have undergone fingerprints on 12/1/15. The receipt is in my name only, it says I have to obtain advance parole if I want to travel outside US, is that applicable to my wife and kids as well?
Regards:
Amit
Anyone who wants to leave the US while an asylum case is pending needs AP – including dependents like your wife and children. The form is the I-131, and it can be difficult to get. Take care, Jason
Dear Jason,
I would like to thank you for such a nice work you are doing here, I had been looking for such forum for a long time.
I have a situation, so let me try to expalin it step by step.
1. I filed my assylum case on 27th of February 2015 and it reached the assylum office on March 4 (I was supposed to submit by this date because according to my visa, I entered the US on March 4 of 2014). Several days later when I requested my attorney to send me my story so that I could have a look how it looked like, I found out that the half of my story was missing, and most parts were translated in google translate which did not give full picture of my story. So after some appologies my attorney resubmitted my case and it reached the assylum office on March 14th.
Do you think that this might have some effect on my case?
2. In May of 2015 I found out that I won Diversity Visa Lottery but after many consultations I was told that it is useless since I was illegal for about 6 months already in the US by that time.
According to your big professional experience, do you think that I might apply for DV as soon as my case is approved, since I will have a status?
I have not had any appointment for the interview yet except fingerprints since I filed in March 2015, so I am really at a loss and do not know what to do.
To have a winning ticket and not being able to claim it is a hard thing.
Thank you for your time in answering my questions beforehand!
It sounds like the only way to take advantage of the DV lottery is to leave the US, and that this option does not work for you. I do not know, as it depends on the case, but if you are confident that your lawyer is correct, then there is nothing to do. You may want to obtain a second opinion from another lawyer just to be safe. As for resubmitting the case after the initial error, I do not understand what the lawyer did. You cannot resubmit the case – maybe he submitted corrected documents. I would discuss with him, but something there seems wrong to me. You should have the lawyer give you a copy of every single paper he sent to the asylum office – you need to know what your case looks like. Also, everyone is waiting and I think the delay you describe is normal – look at the Affirmative Asylum Scheduling Bulletin (a link is at the right side of this page) and you can see who is currently being interviewed at your asylum office. Take care, Jason
Hi,
I filed my asylum petition in December 2014. I was fingerprinted and got my first job permit in a timely fashion. I’m concerned about how much longer I need to wait for an interview appointment. Also, I was wondering about perceived changed circumstances in your home country and how it may affect your asylum approved. I’m from Venezuela and since the opposition just won the last election, it may be thought that the country is in a better political situation. Thanks.
Changed country conditions could make it harder for your to win, but it really depends on the case. If you think the recent election will make it more difficult to win your case, you should gather additional evidence (letters from people, news articles, etc) that demonstrate that it is not safe for you to return, even if there is a new government. Good luck, Jason
Hi Jason,
What happens when the Asylum Office puts you on a short list and calls your name exactly one week before the interview date. Can I provide all supporting documents at the interview date? What happens if I do not submit the supporting documents one week before the interview date?
In my office, they might not accept documents submitted less than one week before the interview. I recommend you submit the documents as soon as possible, and definitely before the interview day. Good luck, Jason
Hi Jason ,does any religious bad reputation affect immigration case decision ?or decision makes defending on laws?i interviewed already in the court and waiting for a decision.
Hi Jason ,does any religious bad reputation affect immigration case decision ?
I am not sure what this means, but I have seen that people from Muslim countries tend to wait longer for their decisions (if that is what you are asking). Take care, Jason
Hello sir,
I’ve been reading your blogs for a while. My family and I (Syrians) have applied for asylum and the Arlington office in Virginia has received the case in October, 2013 and we had our interview in November, 2013 and they actually needed more information so they called for another interview. After my parents did the interview up till this moment we haven’t heard anything. They already have all of the information, do you know if there’s a time we might get a response or if there’s a way we can contact them and ask about our case? The lawyer we worked with took a lot of money and now we are not with her anymore because we cannot afford it. Also, it’s important to note that our clock got stopped in the beginning I believe when they asked for the second interview and so we couldn’t get the work permit by the time (90 days) have elapsed and although we sent the work permit application again and again it kept on getting refused although the time passed by already. We couldn’t get the work permit until May, 2015 after they read the email we sent which took a long time!! I would really appreciate your answer and what do you think we can do? And how can we contact them about our asylum case? Thank you very much
You can email them (there is a link at right to Asylum Office Locator that will lead you to their email), but it might be easier to go there in person and ask – you can go any Wednesday morning before 11:00 AM. You might aloe want to contact the Ombudsman – there is also a link to that on the right side of this page. Good luck, Jason
Hi Jason,
I sent my i589 application on 27th october and since then I have not received any response or the receipt letter. Is this normal or should I be concerned and talk to my lawyer?
Thanks
It’s a bit too soon to be concerned. Probably you will receive the receipt and/or fingerprint appointment in the next few weeks. If you can, check with the postal service that the application was delivered and double check the I-589 instructions to be sure you sent it to the correct place. Take care, Jason
I checked both the address and the delivery confirmation. They received the application on 25th November. I just noticed that my husbands name is misspelled, there is one extra A in his name. Do you thing this might create a problem?
It may cause delay related to the security checks. I do not know that you can do anything about it until the interview, when it is easy to correct. However, you might want to contact your local office to tell them about it and see whether they can correct it earlier. Take care, Jason
Hi Jason I have came to UK in 2008
When I was 8 years of age now I am 16.
I immigrated with my father to UK
And we did get a LEAVE TO REMAIN for a year and when it got expired we haven’t received any thing else. and now it’s been nearly 3 years that I have not received any response from the government and we are still waiting
Sorry – I am in the US and I do not know about the laws of the UK. You should probably find a lawyer there who can assist you. Good luck, Jason
Hello Jason Dzubow,
I took my time to read all the questions and your responses, your experience in the feed is highly respected.
Thanks!
Hi Jason. I applied for asylum and submitted my file to the Vermont service center. I received feedback from them within a week saying there was a section I needed to complete. I completed it and resent the file on August 5th 2015 but have not received a receipt number yet. Is this normal and also I’m curious if my 150 days has started before I can apply for a work permit?
It seems to me that you are waiting too long. If you got the fingerprint notice, then you should be fine, but if you have heard nothing, I suspect something is wrong. If you can check with the post office to make sure it was received, and double check that Vermont was the correct place to send it, that would be a good idea. You can also check with your local office to see whether it was received. In the worst case, you can re-file it. You might also went to send a Freedom of Information Act (FOIA) request to see whether USCIS received it. Take care, Jason
I applied for asylum since 12/12/2013 and did my interview Feb/2014
I haven’t got any decision until yesterday I have to comeback to another interview next month
I do not know why ?
I hope if there is any body can share some info
Thanks
Second interviews occur for many different reasons (the officer forgot to ask you something; they have new info and want to ask you about it; the officer left the job and a new officer needs to interview you to make a decision; etc) and so you cannot predict what it means. You should be prepared to answer questions on any subject, and they might simply re-do the entire interview. Good luck, Jason
Mr Jason,
Hi, I applied for asylum in Feb 2014 and interviewed in march 2014 LA,
After that I did not received anything from asylum office as I talked with my lawyer due to stress and long waiting he told me about writ of mandamus , so I agreed and we field mandamus,
The court sent message to asylum office and give a date till December 2015, so today I received letter from USCIS for second fingerprint,
Is it something normal? Some place I read that fingerprints get expire in 18 months, is it correct? Also after fingerprint are they going to call for second interview? Cuz I already had my interview.
Thanks in advance
And if anything coming along I will update here
Fingerprints expire after 15 months, as far as I know. It is common to get a second fingerprint notice. In some cases, a decision or another interview follows; other times, it does not. My guess is that since you filed the mandamus, the fingerprint notice is related to USCIS moving your case along. Please do let us know what happens. Good luck, Jason
Thank you Mr Jason, I did my fingerprint and as I heard till the end of this year USCIS will adjudicates the case,
I will update here if anything comes or I get any mall from USCIC
Thanks!
Hi Jason!
I got my approval since July 2014 and I applied for my wife… I got the approval for my wife from USCIS telling me the case has been forwarded to NVC… After a few months, I contacted NVC.. I was told that the case has been retained at the National Records Center. . Please, advise me. What’s Should I do? What’s the next steps? Thanks.
I do not know. If they have not given you an answer, you can try the USCIS Ombudsman (there is a link at the right). They assist with cases such as this. You might also need a lawyer to assist – lawyers have access to liaison procedures that non-lawyers cannot access, and maybe that would help get things moving. Good luck, Jason
My wife interview almost three month local asylum office ny but decision still pending interview such a very good asylum officer said I can’t give u a decision right a way but I give you some hint how is your interview as per hint such a good interview any body know that wht happen my decisions is pending
They can never give you a decision on the same day as the interview. And there are often delays after the interview due to security checks. It is not possible to know the time frame for a decision, but you can always contact the asylum office again to inquire about the status of the case. Good luck, Jason
Thanks jason
Dear Jason,
I came to USA in September and filled my case on 23rd October through a lawyer. It has been 29 days since my lawyer has sent the documents. The tracking system shows that USCIS has received the application on 30th October. Considering which, today it is the 22nd day and we still have not received a receipt notice. The application is sent to California Immigration office. I am now concerned and would highly appreciate your advice.
I would not be concerned until it has been two months. However, you might want to double check that it was mailed to the correct office. If so, you will probably receive a receipt and/or a fingerprint notice in the next few weeks. Take care, Jason
Thank you very much Jason, I appreciate your support.
Hi i applied for assylum in vermont service center and send form and proof and news related to my case through usps but i have not yet receive the receipt or any kind of letter from asyl office wat to do ?
It can take up to 2 months to get a notice from them. If not, you should contact your local asylum office and see whether they can help you. Also, make sure that the VSC was the correct place to send your application. If you sent to the wrong place, you should re-send it. Take care, Jason
its been almost 2month but i have not received a receipt notice i so i am thinking about to visit newyork asylum office this wed can they help me who issue the receipt letter vsc or newyork asylum office ?
I do not know about the office hours or walk-in policy in NY, but generally, the Asylum Offices will not be able to help you with a work permit. I would wait another month to see whether anything happens, as there are delays for everyone. Also, you can try calling USCIS. There phone number is on the website: http://www.uscis.gov. Take care, Jason
I requist expedite form asylum office in verginia but now still a waiting
The date requist October 13 2015 and I send require form November 18
2015 my case I was have doctor letter itis difficult for my life
Ineed your good advice
Thank you so much
It is very difficult to expedite a case, even with a doctor’s letter. They have specifically told me that they will not expedite any case filed in 2015 because they still have cases from 2014 that are waiting to be expedited. We are still trying to expedite a 2015 case, but so far, no luck. Take care, Jason
Hey Jason ,I told you before that my interview already completed,and it was pretty good.but judge didn’t issu a decision,he told he will issu decision after 3 month and after giving a fingerprint.and gave me another hearing date after 3 months.my question is why judge did not give decision.whats happen in most of cases like that ? Win or deny?.if a judge want to deny the case could he do that without fingerprint?
Dear jason,
I did interview almost fourteen month before New York asylum office. I waiting for Result. But my wife & kids stay my country. Give me good advice what can I do? Please
Unfortunately, there is not much you can do to make them faster. Maybe send them an email to inquire, or try the Ombudsman’s office. Good luck, Jason
Thanks
Please help me I just wrote regarding that I just filled in Sep. 22nd 2015 and received the receipt but I tried several times the correct ## to check it online on Case Status (USCIS page) but I get the message •My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1-800-375-5283.
What should I do…..I don’t want this to be a fraud receipt!!! Please help me how to proceed and I did not received anything else from the Asylum office (fingerprint or interview notice)!! Thank you soo much
You cannot check your asylum case status on line. If you are really worried about it for some reason, I suppose you can contact the local asylum office to ask. However, if you have the receipt, you should be fine. Take care, Jason
Hi I sent my application on Sep. 22nd it’s being only 50 days I had received the receipt but I am still waiting for the fingerprint and the interview. Is it normal to not have received the fingerprint yet?? Thank you for your help.
If you received the receipt, you should be fine. If you do not get it in another month or two, you may want to email your local asylum office to ask about this (you can find the email using the link at the right to Asylum Office Locator). Take care, Jason
Thanks a lot for your several advices.
I applied in October 2013, I have received two work permits so far but no schedule for an interview? my local office is Arlington VA. What should I do to at least get an interview.?
Thanks a lot.
They are currently interviewing cases from August 2013, and lately, we have seen some movement there, so hopefully your interview will be soon. Good luck, Jason
Dear sir I have applied for asylum in San Francisco office in May 2015. My spouse and minor kids are back in Pakistan. Their life is in danger. What can I do to request to process my case quickly
You can ask the asylum, office to expedite. You should give them evidence of your family’s problems and maybe they will give you a quicker interview date. We have tried this a number of times, and sometimes it is successful. Good luck, Jason
Dear Jason
I already interviewed .but judge did not issu a decision. He told that he will let me know his decision after 3 months.and he gave me another hearing date.he told me to give fingerprint within that time. What does that mean?.the decision is going to favor of me or adverse of me? Please let me know.
I have no idea about the decision, but you cannot get any decision unless your fingerprints are updated, and that sounds like what is happening. Hopefully, you will get a good decision at the next court hearing – Good luck, Jason
Thank you very much Jason
Hey Jason I think you are experienced about asylum case.so what happens in most of case like mine.win? Or deny?.if a judge wants to deny can he do that without fingerprint??
Different judges do different things – Some judges will not issue a decision unless fingerprints are current. I find that trying to predict the outcome of a case based on delays and fingerprints does not work. We can just hope for the best and see what happens. Good luck, Jason
Hello Jason, Thanks for all the information and wanted you opinion about my case. I applied in March 2014 in Seattle but in 2015 I moved to Chicago and moved my case too, so it is been 19 month since I applied. For a long time I thought if my case was moving on the line in Seattle office and then after almost a year I moved it to Chicago it goes to the back of the line of Chicago cases? But recently I met LGBT person who is from my country, he also applied in March 2014 in San Fransisco then moved to Chicago in 2015, so he got his interview in September and got answer in October. I applied earlier than him, and moved my case a little earlier than him. So now I am confused how do they process cases, do they really interview older cases befor newer or just interview easier cases? Thank you!
I am trying to get more info about this – it is a mystery. It seems that sometimes when a case moves, it goes faster; other times, it goes slower. If I happen to get an answer, I will post it here. Take care, Jason
Hi Jason,
I just got back from my local asylum office in chicago and found out my case wasnt filled. i filled with an attorney and believe he must have been a fraud. its almost 4 months now. the asylum officer advised me to apply again, do u think its possible he submitted it?? what do u advise?? and should i just apply myself? i have a visiting visa thats valid through 2016. is it possible to sue the lawyer and get back my money?? and when i apply is there a way the asylum office would consider my case because ive been waiting already and i cant work, i also have kids here and we are broke.
I would talk to the lawyer first to see what happened. Maybe it was lost in the mail, but if he failed to file, you should contact the state bar association and make a complaint. Also, either file it yourself or get a new lawyer to do it. For purposes of the work permit, I doubt that USCIS will credit you for the time. It sounds like you will not have a problem with the one-year asylum filing bar, but if you do, evidence about the first filing will be important to prove to you filed 4 months ago. Good luck, Jason
Hi Jason
Thanks for your replies, they’ve been really helpful. I reapplied with the same lawyer after telling him the message I got from my local asylum office. He resent it on the 4th of November but I got a receipt saying application was received and being processed from the 3th of nov. Now I’m really confused whether it’s the first application since July or the new one. My lawyer isn’t helpful. I did my fingerprint the week after and now waiting for interview. My lawyer still claims he sent the first one, is there any way We could find out and get evidence? And if I do will uscis consider it in anyway so I can count the EAD 150 days from July and not November ? Things are really hard and I have 4 kids. Is there any way my case will be considered? I applied in Chicago and heard I have to wait for 2 years cause of the backlog☹️
The only way to find out is to get your whole file using a freedom of information act (FOIA) request. I believe the form is the G-639 available at http://www.uscis.gov. However, that may take too long, so you can just file for the EAD when you think the 150 days has past. Either they will issue it (based on the earlier filing date) or send it back and tell you that you filed too soon. Since it is free the first time you apply, you might as well give it a try. As for the lawyer, if you do not trust him, you are probably better off with someone else. Take care, Jason
Thank you ?
Hello Jason,
You mention that it is possible to put the case on the “Short List”, can you please explain how it’s done?
I couldn’t find any information on this on USCIS website and it seems like our lawyer is not familiar with this either.
Thank you very much!
The short list in Virginia is suspended, at least for now. Each office has its own policy on the short list. When it was working, you just emailed the office (or went there in person) and requested to be put on the list. Take care, Jason
An interview was scheduled on the case last year, which I attended and I was told I would hear from the office regarding decision, but it has been many months and no decision..is there a delay in response after interview?
That is pretty common. It would be helpful if the officers gave a more realistic idea about when the decision would be issued, but there is nothing unusual about a delay after the interview. Take care, Jason
Hello Jason
I send my application pack to the USCIS in Mesquite Texas, by mail. It arrived there on the 23 Sep 2015, i had tracker from the post office so i could see when it was delivered. As of now i have yet to receive i respond or a receipt back from them. Could you please advise if there is anyway for me to find out what is happening. I have called that 8003755283 number and they not really helpful.
Thank you in advance for your time
I would wait another few weeks before you worry about this. In some cases, they do not send a receipt; they only send a fingerprint notice. I know of no useful way to contact them, and their office is pretty awful. Do double check that this is the correct office for you – if it is the wrong office, the application will disappear. In the end, if you do not get any response (and I would give it at least 3 more weeks), you can file a Freedom of Information Act Request. My guess is that you will receive something in the next few weeks, though. Good luck, Jason
Thank you kindly.
am going thru the same i applied almost two amost 3 months neither i or my lawyer have received anything
Three months seems too long. Do you have the post office receipt of delivery? You can contact the local asylum office to ask about the case. Also, you could file a Freedom of Information Act Request to try to get evidence that you filed. Good luck, Jason
Good Afternoon
I have a update and a question for you Jason. Firstly i waited a little longer for a receipt number in the mail, but did not receive it yet. I went into the local USCIS office in Miami to inquire if they might know anything. Well they got my name on the system and the lady behind the counter gave me a A number. She explained they don’t have a appointment date for me yet, that i understand. However i am not sure what is this A number for. Also what do i do with this A number. Could you please share some information with me please. I thank you for your help Jason.
The number is your case number. At least it means your case was received. Hopefully, she gave you something in writing. If not, and if you have time, maybe you should return there and ask for something in writing. Take care, Jason
Hi Jason,
do you think a Mandamus would yield results in the case where the applicant has already been interviewed but no decision has been made for almost 2 years due to what appears to be security and background checks?
Thank you
I don’t know – Unfortunately, there really are not many other options. You can try the Ombudsman. You can also try Congress (though that is pretty useless). My thought is that you do not have anything to lose and it might help. If you try it, let me know what happens. Thank you, Jason
Hello Jason,
I had just received the work permit and the social security after waiting for the months.Can you tell me how long it gonna take for the interview?Also, i am a epilepsy patient too and i have nobody taking care of me.I don`t think so i can wait too long for my own rights and justice.
As discussed in the above post, you can ask to expedite your case for medical reasons. It may or may not work, but you can try. As for interview dates, you can get an idea from this website: http://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin. Good luck, Jason
Dear Jason,
While there were civil proceedings (The Hague case – child abductions) started by persecutor, who is also an ex husband, high rank official back in country of feared persecution, my asylum without my written consent, but rather by court order, was opened. During deposition and trial testimony information from asylum, including some witnesses, family members (also applied for asylum) was made known to persecutor and his alliances. I am feared that he will return back and being angry after such a lengthy, pricey and in his case unsuccessful trial, he will harm relatives who has not been able to leave the country (again with his help – one of my relatives is unable to receive a travel document at all). Where can I complain and what to do? I believe asylum information was opened breaching rules of confidentiality. Also during Federal Trial in the US one of the key witnesses back in country was intimidated through illegal complaints and refused to testify. How can I protect those that are back in the country? How can I protect myself in the US?
Appreciate your help.
I am really not sure I understand your question; sorry.
I am sorry, I wasn’t able to pinpoint it i suppose.
Question is – is this opening of an asylum could be considered as a violation of disclosure of privacy? Would it be considered as placing into danger those witnesses and family members who’s names mentioned in asylum? Is there any way possible to protect a member of a family overseas if the asylum information was opened to a persecutor who has harmed that member of family in order to lure me to come back to a country of persecution? I have consulted with my lawyer, but they want enormous amounts of money to proceed and I am broke after litigations in the Hague case, immigration case, and am a single mother with two little children.
I have obtained an expedited asylum interview, decision is still pending. How can I bring over here or protect a family member who will fall a victim of my persecutor? I believe since it was opened in such a “cruel” way to persecutor himself, exposing those vulnerable and putting them into immediate danger, that may be there is a way of some protection from government… This is a case when disclosure of tangible and personal info directly to persecutor, not even 3rd parties, placed people into eminent danger.
If the asylum case was in the US, it is illegal for the government to disclose info about the case to outside parties. If that has happened, and you cannot afford a lawyer, I would start by contacting the USCIS Ombudsman. I provided a link to their office in a posting I did on Feb. 26, 2015. Good luck, Jason
Thank you so much!!!! I will today.
Hello Jason,
Thank you for all information providing us. I read almost everything that you posted last couple months but I couldn’t find anything about asylum seekers who are members of particular group. (LGBT) to be more precise. Since I am waiting for asylum interview more than 2 years I met a person (USA citizen) that I would like to married and I would like to know If that is a good option to seek legal status that way? And what do yu recommend me to do? I live in Miami and I was thinking about finding a lawyer to help me with all the legal thing because that is going to get complicated I guess. But I can’t wait anymore, who knows when I will get the interview. Thank you
I have written about LGBT cases, but I guess it’s been a while. Anyway, if you marry a US citizen, you can probably adjust status and get your green card (as long as you entered the US legally and have no other bars to obtaining your residency). If you are eligible, there is no problem to marry, get your green card, and close out the asylum case. However, there can be pitfalls, and it is well worth the money to have a competent attorney guide you through the process. Good luck, Jason
Thank you a lot.
Hello. My name is Marat.
Me and my wife had interview February 24. 2015 in Chicago asylum office.
After 1 month I received paper for fingerprint.
I went to give my fingerprints and no answers nothing another 5 month. After that my wife received paper for fingerprint.
She went for fingerprint around August.
Since than nothing.
Still waiting for decision.
What do u think happening.
Do u know how long it’s gonna take and what should I do?
There is no way to know how long it will take. The very large majority of my clients receive a decision less than one year after the interview. Usually, the problem is security background checks. Good luck, Jason
Hi I applyed asylum since 2011.so I did done court 2014 October so court didn’t give us the decision.so we are still waiting do you know how long we have to wait the decision?
I am not sure I understand the question – if your case is in court, it can take years (unfortunately). The Judge should give you the date of your next hearing, so you should have that. Take care, Jason
dear, Jason
thanks a lot for your advice above which is really helpful, and I have question regarding the mandamus. can I do the order application in the court my self or should be by a lawyer? I want to avoid any more payment… and please give us more explanation how to make it? with some example…. thanks
You can do it yourself, but it is not easy. I do not have any examples. One day, I may do a posting on this topic, but I do not have any plans to write something at this time (mostly because I am just too busy). My guess is that if you look around the internet, you may find some useful information about mandamus cases. Good luck, Jason
Thanks Jason…. you always a lot useful.
thanks…. I will search around