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.
Dear Jason ,
Correction to my last post ..
On 01/05/2016 I had my asylum interview and it’s went well but the asylum officer said he cannot make a decision until he check my marriage case..
On 03/22/2016 I had my marriage interview and the immigration officers said that he cannot make a desicion because of the asylum case and he need the file , I am in a loop and didn’t make a desicion , so I went a head and cancel my asylum hoping this will make it easer , I have. A real marriage .. Do you think withdrawn asylum was my better choice .?
Thanks
Dear Jason ,
On 01/05/2015 I had my asylum interview and it’s went well but the asylum officer said he cannot make a decision until he check my marriage case..
On 03/22/2016 I had my marriage interview and the immigration officers said that he cannot make a desicion because of the asylum case and he need the file , I am in a loop and didn’t make a desicion , so I went a head and cancel my asylum hoping this will make it easer , I have. A real marriage .. Do you think withdrawn asylum was my better choice .?
Thanks
I think if you are married and can get your green card, you can do that. However, I would not withdraw the asylum case until the green card is approved – you can do both applications at the same time. Take care, Jason
i have applied assylum after one year i enter usa on nov6 2013 and i apply for assylum on aug2015 what are the chances of winning assylum case
On February 25, 2016, I did a posting on that question; maybe it will help. Take care, Jason
Hi mr jason how u doing?hope u doing well.i have few question regarding my asylum case.so my application its pending almost more than year and no interview date yet.so if i withdraw my application are they gonna put me on removal proceeding?i have no valid status r8 now.and are they gonna count that time i been present usa since my application is pending as overstay?i am concern about the 3 year and 10 year bar factor.I am planing to move Canada.and if i want to apply for visa again to come USA what is my chance?i heard it will b heard for me to get visa bcoz i changed my intention from non immigrant to Asylum.so plz give me ur idea.thanks
I think it will be harder for you to get a visa to return here because you filed for asylum. I do not know whether withdrawing your application will cause your time here to be considered “unlawful presence” for purposes of the 3/10 year bar. I think probably not, but I do not know. You probably need to hire a lawyer to research this question for you, and there may not be a clear answer under the law. If you are moving to Canada to seek asylum, you need to talk to a Canadian lawyer before you do that, since your stay in the US may bar you from asylum in Canada. If you are moving to Canada to immigrate, you can probably wait until after you move to withdraw the asylum case, in case the Canadian immigration does not work out. Take care, Jason
helloi applied for political asylum in june 2014.still have not interview.
1,do you know how long shall i wait more for an interview?
2.month ago we added my husband(we just married) to my case.he was not legal here.and 4 weeks we have not lettet with alien number for him.do you know how long its can take for him to recieve an alien number?
You can check the Asylum Office Scheduling Bulletin (a link is at the right) to see about the interview schedule at your local office. As for your husband, I do not remember how long it takes to get acknowledgement from USCIS when you add someone to an asylum case. You can send an email to your office to ask. If you follow the link at right called Asylum Office Locator, you will find the email address. Take care, Jason
Hi Jason Dzubow
Sir my sister apply asylum in 2014 August she apply for VA .
How long it will take to get interview. Why interview is going
Slow ? Please sir give me some information about it .
Thanks
Interviews are slow because too many people are entering the system; many of them are arriving through the Southern border. You can see some information about who is being interviewed at each office if you follow the link at right called Asylum Office Scheduling Bulletin. Take care, Jason
Hello,
I am in York, Pennsylvania, and I trying to file an Asylum Case and I do not have Enough money to pay an Attorney, And I would like to know if anyone Knows some Agency or Office that Can Help me with an Immigration Attorney with free of Charge. Or with a minimum fee. And could you please also anyone tell me, about the benefist, because I am renting an Apartment and I do not Have Enough money to keep paying the Apartment even the bills, Once I file an Asylum case, the Government does not Give some benefits while the case is pending? Like House to be? Or food. Because without Job I dont know how I can keep paying and support my self.
Regards,
Fabio
If you follow the link at right called “Immigration Court” and look at the court in York, PA, you should find a link to a list of non-profit organizations that might be able to help you. You can also ask them about benefits, but as far as I know, there are no benefits available to asylum applicants. Also, keep in mind that non-profits can be slow moving (they are too busy) and you MUST file your asylum application, form I-589, within one year of your entry into the United States. Take care, Jason
Hi Jason,
Urgent: My sister is facing a huge political threat in my country as she is fighting for a justice for a criminal and divorce case she filed. She is an IT employee and has a B2 Visa. My close relatives and friends in US suggested to get her to US soon and apply for Asylum. On the other hand her Company shortlisted her to process her H1B in this April, 2016 (You know H1B is a lottery game and the result comes out in September which will be too late & tough for her to stay till that time as it’s not safe). So with the current situation I need your great suggestions on these below questions:
1) If she allows her company to file her H1B and comes to US (in 1 month) on B2 and file Asylum. Does her H1B affects her Asylum application (considering both cases of H1B lottery “being picked” and “not picked”?) Further if H1B is picked, can she do the stamping in US instead of going back to my country?
2) If she gets the H1B stamped will her asylum gets rejected automatically?
3) What options will she have if she is only on Asylum and gets married to a guy on H1B status in future?
I would greatly appreciate if you could suggest her the best option as per your great experience.
Appreciate your great help!
Thanks a lot.
If she comes to the US on a B visa, she should be able to remain in status until October 1 when she will switch to H1b. If that does not work, she can apply for asylum (she has to apply for asylum within one year of arriving here, but she can wait to see whether the H1b works out before filing for asylum – as long as she files within one year). In any case, filing for asylum should not affect her eligibility for an H1b. If she marries someone with an H1b, she may be eligible for an H4. Really, her situation sounds a bit complicated. I recommend you contact a lawyer to ask about her specific situation so you can make the best choices for her. Take care, Jason
Hi Jason,
Thanks for providing suggestions for some of my questions. But I need below clarifications please:
1) If H1 is picked can she do the stamping (or adjustment from B2 to H1) here in US instead of going back to my country?
2) Instead of waiting for H1B result (till OCT) and apply asylum, what happens if she apply for asylum soon after she enters US? I mean will her H1B application filed by Company (picked/Not picked) affect her Asylum application?
3) You mentioned “If she marries someone with an H1b, she may be eligible for an H4”, so in this case can she do the adjustment of status from B2 to H4 here in US, without any need to go back to my country?
4) Can she get a company to apply for H1B (in general quote) after applying for Asylum here? If yes, will this negatively affect her asylum application? (I just want to ensure that she will be in status even in worst case her asylum gets rejected.)
5) What is asylum process? what are the documents that are required to submit?
Could you please clarify these questions in point-wise like above?
Appreciate your great time & patience!
Please note, like you suggested we are trying to get a lawyer for her soon in my local (Chicago) but couldn’t get an appointment before Friday of next week, which is late as my sister needs to take a call on H1B soon. Hope you understand our situation.
Thanks a lot!
Sorry – This is too much for me to answer and you really do need to consult with a lawyer as there are too many variables for me to answer in a blog. I suggest you call around to other lawyers, there are many immigration lawyers in Chicago, so I imagine someone is available. Good luck, Jason
Hello, I applied for asylum in Dec 2012, had my first interview in Feb 2013, in March 2014 my case was transferred to the TRIG office, in July 2015 I applied for the new exemption (humanitarian aid and minimal amount) in Aug 2015 the HQ told that my case is no longer on hold, in Sep 2015 i had a second interview, after that my case was sent to the quality assurance department at the HQ and now the QA wants the local asylum office to interview me for the third time?!! How good or bad is having a third interview? What do I expect after the third interview? To go back to the QA or to the HQ or the local office will make the decision without going back to them? Please advise.
Thanks a lot.
I do not know whether it is good or bad, or what they will ask you, as it depends on the case. I would be prepared to discuss all aspects of your case. Hopefully, the local office has what it needs to make the final decision, but if you ask them, they may tell you whether the case will be returned again to HQ. Good luck, Jason
i have case with iom- rsc mana.
I applied in baghdad
i have finished dhs / uscis interview and midcal test
i need to expedite my case
please what i have to do
Sorry, I do not know about refugee cases outside the US or how to expedite. Good luck, Jason
Hi i applied for asylum January 29 2015 in newyork.uscis denied my application.than after 3 month I applied again in texas with attorney.after 180 days I aplied for ead and uscis denied it.they are saying my asylum clock was stop after 83 days.reason my case jurisdiction was change from newyork to texas.is not make sense how could they do it.my attorney doesn’t help me to solve this problem although he took although money in upfront.so plz tell me what to do??my interview still pending.they said my asylum clock will b start when I will be schedule for interview.
Typically, if you apply for asylum in one office and lose, and then re-apply, you have to re-apply to the original asylum office directly (you do not mail your I-589 to a service center in Texas, Nebraska, or California – you take it to the NY office where you applied the first time). Maybe this is the problem. I would go to your local office (whichever is closer) or email them to ask the status of your case. You can find contact info for the asylum office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello mr Jason,thanks a lot for your help.I applied my asylum case in February 2013,I had interview july 2014,I supposed to get the result in august 2014,they told me,they send me in my mailbox,I never receive any thing,and then my second work permit it’s expire after 3months later, I applied for a new one,after 4 months I receive a letter they told me I qualify just wait for a decision.april 2015 I call the office they told me my asylum case is pendind,just wait.I don’t have nothing to do,I never work.please mr Jason tell me what can I do.thanks advance
You can try to contact the Ombudsman or file a mandamus lawsuit, as described above, but other than that, there is not much to do. Many people are waiting a long time for their decisions, unfortunately. I am not sure I understood your question about the work permit. Take care, Jason
Hello mr Jason
Hi Jason ,
I entered the country on B2 visa on 2013 and after three months I applied for asylum and amy case is still pending ,I also got my TPS
1-I recently got married to a US citizen .What do you recommend I should do about my asylum case ? do you think I should keep my asylum case till I got approved on the I-485 and I-130 ?
2- Should I write in the the form I-485 asylum pending or TPS ?
Thanks
On the form, I think you can write both – asylum pending and TPS – so that USCIS knows you are not trying to hide anything. It is probably best to wait until you have the green card, and then cancel your asylum case. You do not need to tell them now. Take care, Jason
Good work Mr. Jason. I am really impressed to see an attorney like you humbly answering people questions about asylum. May God bless you for your good work. Pls I have a critical question burning in my mind. I came as a J1 holder with two years home return. As situation got worse in my country I put in for asylum since last year Dec. My question now is as an asylum seeker, I have an American girlfriend who has been on my neck to get married to her, she pities my situation as I was a master’ s degree student before I left my country. She sees me as a potential so, she eagers to tie the knot with me. My question goes like this: if I get married to her as she has urged, do I need to apply for exceptional hardship waiver to adjust my status as my interview is still pending in the asylum office? or do I just only need to write to USCIS to put on hold my asylum case and apply directly to adjust my status without going through waiver procedure as an asylum seeker? These questions have been bothering me but I dont know how to let her know about it. I shall be glad to get a feedback from you Jason. Thank you…
If your J1 visa as the two-year home residency requirement, and you marry her, you will need the waiver in order to adjust status and get your green card. If you win asylum, you do not need the waiver. You can pursue both paths at the same time. Take care, Jason
Hello Jason.
Really quick question, I have married a person who were seeking asylum, and we applied together 2 years ago, and as everybody else we are waiting for the interview. When we applied I was holding F-1 and still F-1. But I am planning to graduate on December, so should I apply for OPT or just leave it as it is and wait for the interview? And what will happen if I leave the country during coming summer and try to return, are there any chances to get a visa to be back?
Thanks
You can apply for OPT. The advantage of that is that you are still considered “in status” and so you could later change to an H1b visa or some other visa without leaving the US. If you want to leave and return, you should apply for Advance Parole (form I-131) first. Also, you should probably talk to a lawyer before you go, so you know your options for coming back. Take care, Jason
Dear Jason,
I am please with the information you have provided to us here. I applied for Asylum in December 2014 and still waiting but at this time, I am married to my girlfriend and she has filed for adjustment status for me and it has been two weeks now we haven’t heard from USCIS about the adjustment status that she filed, we have been wondering if it is because of the Asylum Application that I made?. Furthermore, I sent a letter to the Asylum office to put my case on hold and they never replied, it has been more than two months since i sent my letter, I received the notice just today that they haven’t considered my request for my case to be put on hold because I have not provided evidence to justify this factor. Could you please advise?.
It takes 3 or 4 weeks to get the receipt for adjustment. You may want to wait until the adjustment case is finished and you have your green card, then you can give a copy to the Asylum Office and they will close your case. As long as the asylum case and the adjustment case are consistent, one should not adversely affect the other. Take care, Jason
Thank You Jason,
My application for Asylum has not been scheduled for an interview! I wanted to know if Asylum filed in December 2014, can be interviewed before August 2016?. Because the Asylum office hasn’t responded to my request for case to be put on hold despite the facts that I have sent to them some evidence to justify the reasons for my request. I really do not want my case to be sent to interview while i am on adjustment of status! I want to handle them independently on separate periods?
When can they be interviewing case for December 2014 filed at Chicago Asylum Office?.
Another question, I received the receipt for USCIS acceptance of my case for adjustments of status but the EAD application was rejected because I failed to signed it during application! and now rejection letter instruct that i should i resend the application together with appropriate fees! Am I suppose to pay again since the application was filed together with the Adjustment of status and the I-30.? I sent a check again with the fees of 380usd but i am feeling like i was not suppose to pay again since the fees for adjustment of status and I-30 was already cashed?. Please advise me on this.
Thank you very much
You can only get the EAD based on adjustment of status if you also filed the I-485 and paid the fee (in addition to the I-130 and that fee), so I am not sure about your second question. Since you already mailed it, you might as well see what happens and if you are still having trouble, maybe you want to hire a lawyer to help. As for delaying the case, I doubt you will be interviewed before August, and if you are, at that time, you can inform them that you are adjusting status (and give them copies of your receipts), and my guess is that they will put your case on hold until the adjustment is complete. Take care, Jason
Hi Jason,
I’m applying for advanced parol to travel and i haven’t even recieved my work permit yet. But i need to travel. My kid is included in my asylum application but he is not the reason why i applied for asylum i’m just including him to keep him with me in USA. if incase i send him with my mother back to the country where i apply asylum from.. him entering that country, is that going to effect the decision? will it get rejected because he enters the country?
If you send your child back to your country, will it affect your asylum case? I am not sure whether that is your question. It’s not really something I can answer, as it depends on your case. However, if there is a good explanation, you can tell the asylum officer at the interview, and hopefully, they will accept the reason. Take care, Jason
Hello Jason!!! I’m on tourist visa, and I want to apply for asylum. Short question for you… When I fill asylum form, and submit it, what’s my status in USA while I wait for an interview, and can I legally work while I wait, apply for ID, drivers license?
Thank you so much!
You will be a B-2 visitor until that expires, and then you will have no status. However, you can remain here because you have an asylum case pending. You can apply for a work permit 150 days after your asylum application is received (it takes a few months to get the work permit after you apply). As for the driver’s license, some of my clients manage to get it without the work permit, but for the most part, you need the work permit. You can contact your state DMV to inquire about that. Take care, Jason
Hi Jasson,
My asylum result is pending one an half year. Can I apply h1b visa. If I eligible to h1b visa what happen to asylum case?
You can theoretically get an H1b visa and continue the asylum case. However, unless you are in-status, you will probably need to leave the country to get the H1b and then return. This may or may not be possible – you will have to consult with a lawyer about the specifics of your case. Also, if you plan to leave and return and you want to continue the asylum case, you will also probably need Advance Parole before you travel – you can talk to the lawyer about that as well. Take care, Jason
Hello Jason,
I filed Asylum in Dec 2015 shortly before my visitor visa expired. no interview yet. can i apply for H1B or J1 visa? If yes how much time it will take to get those visas? I think remaining in H1/j1 visa is more secure for few years. If I get H1 visa what happen to my asylum application?
Thank you.
does that help you to extend your stay and how?
If I get H1 visa now and in future if my asylum application is denied, I think I will still be legal to stay in US through my H1 visa. Actually I am allowed to work with my EAD but I am worried if I wont lose my training or work if my asylum application is denied. So, I want to get that visa and be in safe side.
To get an H1b or J visa, you would probably have to leave the US and then return. It should be possible, but you certainly need to talk to a lawyer before you try that. For the H1b visa, at least, you should be able to get the visa and continue your asylum case if you want to. I am not sure whether you could do that with a J-1 visa. Take care, Jason
Thank you Jason.
Hi Jason,
I have a couple of issues relating to my asylum application worrying me and need some help please
1) My asylum application was filled in July 2015 and I’ve come to realize that I will not be interviewed anytime soon (according to the Chicago Asylum office, I my interview could come up in 2017). My girlfriend is American and we will soon be moving in together. If I get married, can I apply for adjustment of status base on marriage despite having a pending asylum case?
2)If someone having a pending asylum case with USCIS ( still waiting for interview) plays and wins the DV Lottery, is it possible to apply for adjustment of status base on the DV lottery and be successful?
Thanks for your help.
If you marry a US citizen and you are otherwise eligible (entered US with a visa, no criminal convictions or immigration violations, etc), it should be no problem to apply for the green card based on marriage, As for the DV lottery, I wrote a post about that a few months ago, which you can find if you scroll down. I think it is called “Asylum and the DV Lottery (and DV Lottery Scams)”. Take care, Jason
hello jason,
im thinking to file asylum case, but before doing that i want to ask some simple questions:
1. if i got married before asylum decision, and i decided to cancel that case, how that gonna effect my stay and future in usa
2. till the interview date which gonna take long time as i heard, how to extend my stay here since since im on b1/b2 visa and the entry duration 6 months, can i extend my visa, change the type of my visa, get a driving licence??!
If you marry a US citizen, and you are otherwise qualified, you can cancel the asylum case and get the green card based on marriage – we have never had a problem with that. As for extending or changing your visa, you can do that as long as you are still in-status. In truth, given the long wait, unless you can change to a long term visa like an F-1 or H1b, it is probably not going to help you too much. Take care, Jason
Hi Jason..
Thanks alot for your help..
I am from Sudan ..with B1 B2 visa ..I was been here from sep 23 ,2015 ..
My question is could I apply for TPS ..its open from jan 25 to mar 25,2016
I do not know much about TPS. If the website is not clear, you should hire an attorney to help you. Take care, Jason
Hi Jason; thanks for your help..
1/ How long do i need to apply for asylum before my visa is expeired.is there any issues if apply 10 days before my visa expired.my visa is 6 months
2/ during the process of asylum if i got married to us citizen.is it easy to change my status to immigrant by this marriage and start the new process from inside US..or its going to be affected by my asylum…and if I got denied from asylum process does it affect the marriage from US citizen..
3/ does applying for asylum in US affect applying for immigration to canada..
Apperciate your help..
(1) For purposes of asylum, it probably doesn’t matter. The main issue is that you apply within one year of arriving in the US; if not, you could be denied for not filing on time; (2) If you are otherwise eligible, it is easy to get your green card based on marriage and then cancel the asylum case; (3) It could affect – before you go to Canada you should talk to a lawyer there who knows about Canadian immigration to make sure your time in the US does not block you from immigrating there. Take care, Jason
Dear Jason,
Let me thank you in advance for all your help.
I applied my asylum case in August, 2015 while I was living in Houston, TX. It has been pending since then as well as my EAD request (filed in January, 2016).
The matter is I relocated to Arlington, VA a couple days ago. I have found out in the Bulletin that the office in Arlington has just started interviewing applicants filed in September, 2013 while the office in Houston has been doing much faster – interviewing cases filed in May, 2014.
According to the law, I must notify USCIS on my new place of living that means my interview will be delayed for one more year compared to the office in Houston. It’s so annoying.
1. Is it really strict to notify USCIS and change address in the case?
The thing is I lived at my brother’s home in Houston, so he’d forward me all the mails he receives.
2. If I change my address, what will happen with my EAD request? Will the Texas office mail that to Arlington or they will issue an EAD themselves even though I have relocated?
Just because Texas is interviewing people from 2014 and Virginia is interviewing 2013 does not necessarily mean that Texas will be faster going forward – I am not confident that the chart allows you to predict in that way (but maybe I am wrong). If you move and it is a permanent move, you are required to change your address. What is a permanent move? I am not sure, but if you have a job, driver’s license, pay taxes, etc in Virginia, it seems like a permanent move to me. If you do not have all those attachments, maybe it is not a permanent move. The change of address must be filed separately for asylum and for the EAD, and the government will send your EAD and your asylum interview notice to whatever address you give them. Take care, Jason
Hello Jason,
I applied for asylum in July 2013, and according to the Affirmative Asylum Scheduling Bulletin’s pace in the Chicago office I think it’s not going to be soon till they schedule an interview for me (I can never know). Even though I’m an asylum applicant and I don’t need in any way, shape or form the classes I’m taking, I keep taking them for the sole purpose of maintaining my F-1 status. I’m seriously considering letting myself fall out of status because the ongoing burden of paying the hefty monthly tuition is breaking my back. But I’m really hesitant to do that because of the following deep concerns:
• A major reason I’m still maintaining my status is that I’m freaked out to fall out of status and risk being deported in case I get denied at the interview and then at court. On the other hand a downside of keeping my status is in the case I get rejected at the interview I’ll get deprived the chance to have my day in court and be heard by an immigration judge because only out of status applicants get sent to court. (I know that I’ll be given 16 days to appeal in writing the asylum officer’s decision, but it’s not even close to being heard in court). So what would you kindly advise regarding this issue, stay in status and keep paying much needed money for classes I don’t need and opt out to have a second chance to have my day in court? Or fall out of status and save myself & family money but risk getting deported if I lose my case in court?
• Since this whole process is taking too long I’ve started to explore other opportunities in Canada, now my concern is if I let myself fall out of status and then later down the line manage to get a job and a path to immigrate to Canada, would me being out of status in the US bar me from applying for a work visa to Canada? Or affect my chances of being approved for a Canadian visa in any way?
Thank you so much
For my clients, I am indifferent to whether they stay in-status or not; it just depends on their goals. I think it is not worth staying in status in order to avoid deportation – the system is slow and that is far away. However, if you want to maintain status with the hope of changing to H1B or some other status (or going to Canada), that may well be worth it. Before you decide on Canada, you should talk to a lawyer in Canada, as your stay in the US may affect your ability to get asylum there. Good luck, Jason
Hi Jason!
In case of non-emergency situation, Isn’t it better to just wait for a decision from USCIS in mail and not push them by filing a lawsuit. I applied in August 2013, had my interview in 2 weeks, and since then been waiting for a decision. I sent the Asylum office ( San Francisco office) several emails, but they don’t reply. Visited them several times but they keep telling me Its under background check. One of the officers told me that my case had passed external background check and now my file is in the hands of internal background check department… Don’t know what that means.
I don’t know what that means either. You can contact the Ombudsman Office (a link is at right) and sometimes, they will give you more information about the case status. As for a lawsuit, I think if you are not in a hurry, there is no reason to file it. You can certainly wait and you will – eventually – get a decision. Good luck, Jason
Hi Jason
I follow your advice and submit my expedite request. Now they give me an interview.
Shall they angry from me as I asked for expedite unless my case was submitted just before 4 months.
What do you suggest me, I have 10 days left, so what I shall I do?
Another question, what happen if they denied me, could I apply for job permission if I finished my 150 days.
Regards
Make sure you submit all the evidence in your case in advance (in our office, we must submit it a week in advance). I highly doubt they will be angry at you for expediting the case – it should not be a problem at all. If the case is denied, and you are out of status, you will go to court. If so, you can still apply for your work permit after the 150 days (assuming you have caused no delays by, for example, missing your interview). If you are in-status, your case will be denied and you will continue here in your status (B, F-1, etc). Take care, Jason
Thank you
In the USCIS website they said you can You may also bring witnesses to testify on your behalf.
What did they mean by witnesses?
Could my attorney attend the interview?
Thank you
In court you can bring a witness. At the asylum office, we have never brought a witness. However, I suppose if you have an important witness, they can submit a letter and come to the interview. The Officer can choose to interview the person if the officer wants to. Take care, Jason
Thank you
You are the cleverest attorney in US. You advice me more than mine. I appreciate your help for hopeless and depressed person. I do not think no body deserve helping like refugee, I swear to God that if I become rich man one day, I will help the refugee suffering.
Do you have an article about the asylum interview?
I don’t, but it is not a bad idea for a blog post. Here is something from USCIS that might help: https://www.uscis.gov/humanitarian/refugees-asylum/asylum/preparing-your-asylum-interview. Take care, Jason
Hi Jason!
I’m an asylum applicant since 2011. My case is in pending since then. I’m getting work authorization every year.
Is there possible to get a work authorization for my wife? We got married after I a plied for asylum and soon we’ll have a kid.
Thanks!
Contact the local asylum office (you can find contact info if you follow the link at the right called Asylum Office Locator) and they can tell you how to add her to your case. Once you do that, she should be able to get her work permit. Take care, Jason
Dear Jason,
I am Syrian and i want to expedite my interview. I applied in Arlington office. As you said, i can apply for an expedited interview in case of emergency.
1. Doesn’t the fact of being Syrian, the most dangerous country in the world, is enough to get a priority?
2. I am a professional engineer and i studied in UC Berkeley and American university in the Middle-east, does that help?
3. I am getting into depression, i applied in Nov. 2015 and i keep thinking about the circumstances of not getting approved asylum case, since i tried to get employed in many countries in MENA and Europe but i got refused because i have a Syrian Passport. Plus, getting rejected means i go back home and this is not possible since the regime knows i am here and why i am here.
4. Under the pressure of not being able to work although i got the best education from top universities and i am almost done with my savings. so taking now the time frame into consideration, it will take me almost more than 10 months to get the work permit in my hand. Plus, i don’t have medical insurance and my body and mind are not in a good situation and i can not even prove to them how to depressed i am right now!
Any suggestions?
What do you mean expediting the interview for professional reasons?
Thank you
You can try to expedite, but the reasons you are giving are not much different than most people, so I do not know whether they will grant your request. Unfortunately, the system is very slow and there is very little to be done. I tell my clients to assume that they will win and just try to live their lives while they are waiting; there is not much else to do. Good luck, Jason
Hey Mr.
I applied for asylum and I has a medical condition, I really want to know how to apply for short-list? my office in NY
Thank you!
You can ask to expedite – you will have to contact your local asylum office about the procedure. You can follow the link at right, Asylum Office Locator, to find the contact info. Good luck, Jason
hi Jason,
I applied for asylum in December 2014 in arlington va still waiting for interview my kids and my family faces serious security problem in back home do you think is there anyway to bring them here while my case is pending ? my case include them and approximately how long it will take to get interview ? thanks
They can apply for a visa the same as anyone else – a tourist visa or student visa are probably the most common. You can also ask the Asylum Office to expedite your case based on their insecure situation – maybe get a letter from them explaining the danger and give it to the Asylum Office with a request to expedite. It is not so fast, but may be faster than waiting in the normal queue. Also, of course, if they can afford it, they can move to a third country where they will be safe until your case is approved. Good luck, Jason
Hello Jason,
I and and my family (Iraqis) have got the recomandded for approval letter for our asylum case on Oct 2014 , and yet we didnt get the final approval , due to a security background check , we have been more than three years in upstate NY , and my daughter is senior high school student , the college will not accept her without I-94 , I have sent many letters to USCIS explaining them the situation , their answer is pending for a security check , and my daughter is really tired of thinking about the college thing , I dont know what to do.
It is incredibly frustrating that they cannot finish the background checks more quickly. There are no official rules regarding school acceptance and asylum pending status. Generally, if she has a work permit, she should be able to attend school, though she will probably not qualify for in-state tuition. If the school does not allow her to attend or is not helpful, she should look for a different school – many of my clients who do not yet have asylum attend school using only their work permit, but I think they pay out-of-state tuition. Good luck, Jason
Hi Jason thank you for your help
I my asylum case denied from Baltimore asylum case .but my lawyer said I have a very good case,the judge give very simple reason for deny.i have very strong evidence of my case.i appealed this week to BIA.i want to know that,how long it will take to get a decision from BIA.?.and how is the chance of wining case from BIA than immigration court?.and how long it takes to get a decision from federal court? .will I eligible to renew my work authorization within this period?.please let me know your opinion.i will greatful to you.
In general, the BIA reverses about 15% of all decisions (that is the last statistic I heard, but that was some years ago, so maybe things have changed). You can renew your work permit while the case was pending and a decision from the BIA generally takes 1 or 2 years; lately, it has been closer to one year. I might add that it would concern me if my lawyer did not explain the reason I lost the case. If you had a good case with strong evidence, you should have won. Depending on the reason you lost, you may have a strong appeal or a weak appeal, and the lawyer should have discussed this with you. Maybe you should ask him/her about it. Take care, Jason
Thanks Jason ,the judge said, he don’t believe me,though he believe me he said my injury is not worse but but I have cut mark on my body which hitted by knife by opposition party and I have picture and doctors from my country and here both.another reason he said I could not prove that the condition is worse all over my country. But the country reports which my lawyer submitted prove that.How long it takes to get a decision from federal court?.and will I able to get work authorization if my case pending at federal court?.i really appreciate your response
It can be difficult to reverse a Judge’s decision related to credibility, but it is possible. Normally a BIA appeal takes 1 or 2 years and you can get a work permit. After that, you can file a petition for review in the federal circuit court. Here (in the Fourth Circuit), it takes 6 months to a year. You should not be able to get a work permit if you lose at the BIA, but at least one of my clients has done so while his case was in the federal circuit court. Take care, Jason
Yes um, I’ve been applied asylum since December 23 2013, i have all the mail they sent me but i can not be sure what about the last one, cause it was nothing serious than sort of telling me they receive my application for a renew my paperwork.. now it’s 2016 i kind of worry why i never had an interview, and received any mail, about it What i need to do?
Check the Asylum Office Scheduling Bulletin (a link is at the right). If your filing date has passed, you should contact the asylum office. Take care, Jason
Hello Jason,
I applied for Asylum in LA in Feb 2013, I didn’t have interview yet.
When I ask from immigration office :”why My interview get delay?”
They Say: “you are just in line and some people are before you”.
How can it true when I know some people that applied after me and they got interview and approval and green cart but I’m still in pending because they tell that I am still in line.
When I see others than can go to collage, can get job and driver license very easy wile they came after me I feel may here is a discrimination!!
My heart is broken when I can’t understand what the different is between me and others in immigration .
Before December 26, 2014, some cases were interviewed quickly while many (like yours) went into the backlog, where they are still waiting. After December 26, 2014, USCIS started interviewing all cases in the order received. You might want to try to expedite your case – I did a post about that on February 26, 2015; maybe it will help. Take care, Jason
It’s very clear there is a huge disconnect between the clients and USCIS. I think communication from USCIS to its clients leaves a lot to be desired. You can’t leave some one in suspense for months, years and expect them to be ok. Some of these immigrants are educated, why don’t you ask some of them to volunteer in non sensitive areas of this whole process if human resource is the problem? They can be limited to data entry so that at least when one enters his/her A or any other given number, it’s easy to tell where the file is and the average processing time…..That will also help for proper planning on both sides. We fully understand, given the statistics, the Asylum officers and the courts must be overwhelmed with caseloads. We volunteering to help is one way of motivating them and getting the process move faster than it is now. What is taking place right now doesn’t seem to work as per comments posted.It’s a very painful process. To be honest, it’s psychological torture given the level of technological advancement in this 21st century and communication remains a challenge. What do you think about this proposal? I don’t believe an asylee is worthless, they can do work……that’s one way to utilise them.
I think many asylum seekers could easily do this, but given the background checks and the federal hiring process, it is not going to happen. I agree with you that there are very real problems with communication. I have written about this issue before and made my own suggestions. There are some very minor improvements coming (I will write about them soon), but they are not going to help the problem you are discussing. For what it’s worth, I have met many people in the Asylum Division, and they are trying hard. But the situation is pretty bad. Good luck, Jason
Thank you Jason, I looked at the statistics and I was thinking, if there are 8 asylum offices country wide, how many officers do they have per office? Do they have targets of how many cases each one of them interviews per day/week & month? If not why doesn’t the federal government hire more staff on a temporary basis to deal with this situation of backlog? Security check is paramount and an on going practice even after you have been granted asylum, it should not be a stumbling block to making a decision. If any new info comes up against an applicant, they can recall you. It’s really a bad situation out here and it’s like being in the middle of no where . It’s like accepting you to my house and I don’t feed you? You accept some body into the country 6 months, no job, shelter, medical and food. Those are basics for humanity, employment authorisation takes really too long…….remember these people come to this country with bearly nothing on them and no where to stay. To some, families are back home at the mercy of GOD. This backlog really creates more problems than gd for the country. This is putting more people to work easily, those who can’t wait 6months to get work authorisation end up committing crimes in order to servive, work under table to earn a living, drive illegally to get around and other minor mistakes that are a result of the backlog. It also encourages fraudulent filing because some body doesn’t care how long it takes as long as they keep getting work authorisation renewed. This has also encouraged people to use this as they figure out other ways out like marriage since this process doesn’t seem to be sensitive to the polite of an asylee. I have picked all these issues from comments on your blog and others I read everyday…….We pray this is addressed quickly especially for most of those with families that are still in dangerous areas. Do you have an idea whether UCISC ever discusses some of these issues?
USCIS does discuss these issues, at least at the few meetings I have attended. They are struggling with a lack of resources and too many cases + a somewhat hostile Congress. Of course, I agree with your assessment of the hardships people face due to the backlog. My main concern is separation of families due to the backlog. It is simply not tolerable to be apart from your spouse and children for years at a time, especially if they are in a dangerous place. If there was one thing I could fix about the backlog, it would be to prioritize families that are separated. Thank you for the comment, Jason
Hi Jason! Hope you’re having a great day. .
I have question ?
I filled my Asylum case in August 2013 in LA office and they didn’t schedule my interview yet! … and I know ppl filled in the same office months and year after and they already did the interview and got the answer. ..
if you can just help me to make my decision I was thinking to put my case in the short list( do you think it will be faster in LA office??) or transfer it to San Francisco office (are they going to take it as August 2013 or as the date they will receive the case )
Please if you would? What’s better to do? …. thanks a lot we appreciate your help.
You can do either – if you want to move, you can go to a place covered by SF. Otherwise, if LA has a short list or allows people to expedite (for a health emergency or other reason), you can try that. LA is very slow, as you know, and so either idea seems fine to me. Good luck, Jason
Hey Jason, I have applied for political asylum in 2012. I did my interview in Chicago asylum office, and since then, I have not heard anything from them. I have sent many letters to them regarding my case status, but they sent me letters that say my case is still pending. It has been more than 4 years I have not heard anything from them. I feel I cannot wait anymore and have to take an action. What do you think I should do? Thanks
The only strong course available to you is a mandamus lawsuit. Also, there is a link at right called TRIG Inadmissibility. You might want to check that – there is an email address and you can inquire whether your case is on a “TRIG hold”. Good luck, Jason
Dear
I applied in asylum case from 7/2013 an till date I didn’t get my interview anyway i’m aplyinh for work authorization every year the last year it came late and they terminated me from my job and this year I got other job in very good position and also they terminated me because of work authorization late although I’m applying every year before the work permit expired 120 days what can I do now I’m losing my jobs which it is not easy to get it and I have bills every month so I’m in a financial problem kindly advice
The only thing you can do (as far as I know) is to apply 120 days before the old card expires. Unfortunately, things are moving more slowly than ever with work permits, and many people are having this problem. Good luck, Jason
hi jason,
thanks again for everything which you are doing for all the helpless asylees,
I submitted my asylum case in January 2013, still waiting for my interview with asylum officer. please give me your i\opinion what can be the possibilities for my asylum case and how can i work on it to receive my interview. my case is in newark asylum office.
thanks
The interview should be soon – check the Asylum Office Scheduling Bulletin, a link is at the right. Otherwise, you can ask them to expedite the case, as I describe above. Take care, Jason
Hello,
I applied for Asylum in LA in Aug 15, got to first interview end of Sep 15, a year later they asked for a second interview, I heard that I would have a quick decision after the second interview, haven’t heard from them yet.
Is there any way to expedite the decision as I need to leave for personal reason but in the same time I want to make sure I have US travel document in order to come back. Can I ask for meeting my asylum officer to get some info about my application status? Or is there any legal action I can take?
I have discussed the options in the article above. In truth, there is not much you can do. However, while your case is still pending, you can apply for Advance Parole (using form I-131, available at http://www.uscis.gov). If it is granted you can travel and return before you get the decision. Take care, Jason
Hello Jason,
I read from Nathan, asking whether the government has placed asylum on hold or not? did not see whether you answer that and will like to know the answer to that please?
Secondly i will really like to know whether the information you provided in your visa form at the embassy where you were been issue a visa, must be thesame information you are suppose to provide at the asylum form during application and if altered whether there will be a problem?
Thanks for your time in reading and your wonderful assistance you render to people.
Asylum is not on hold, but it is going slow. Any info you gave to the embassy will be available to the asylum office, and if something is not consistent, you will need to explain it. Take care, Jason
Dear Jason,
I really do appreciate all your wonderful works you do out here and a happy new year. I wish to apply for an I-765 to Dallas, Texas as i have been here for three months now with a B1/B2 visa and unable to work or do anything as my savings is also finish but the information i got from people,says it is under suspension until further notice,so don’t know whether the information is true or false and will like to confirm from you,and also please advice me other choices i have to change my visa status to a working one. Thanks and waiting for your feedback.
You need a legal basis to apply for a work permit, for example, you filed for asylum and the case has been pending for 150 days. Without that, you are not eligible. There are many lawful ways to remain in the US, and you would need to consult with a lawyer who could review the specifics of your situation. Take care, Jason
Hie Jason
My work authorisation will expire in June this year, i wanted to know if it’s possible for me to apply a few weeks before the last day on my permit?
Thanks in advance take care.
Because of the delays, you should apply as early as possible. You can submit the new application 120 days before the old work permit expires. And don’t forget that for renewals, you need to pay the filing fee. Take care, Jason
Hi Jason.
On November 16, I filed form I-765 to Dallas, Texas as per the instruction after completion of five months and eight days. I am in VA and my USCIS office is Arlington. On November 18, 2015 I received notice from Dallas that my work authorization is under process. On December 22, 2015 I received another letter from the same office informing me that my I765 was transferred to Nebraska Service Center. Please see below the message that I received. My two colleagues received their authorization from Dallas, Texas within one month and half. Is there something wrong with my I765? Will I get rejected for work permit? Am I ever going to get the work authorization? I am really stranded and do not know what to do. Can you please advice?
“This is to advise you that in order to speed up processing we have transferred the above case to Nebraska Service Center. That office now has jurisdiction over your case and will notify you of the decision made on the application or petition.” It is now almost two months.
There are delays for EADs now that are much worse than they were last summer. It is normally taking about 4 months. The fact that USCIS moved your case is not a problem – they frequently shift cases around depending on the work loads at different offices. If you received the receipt, and did fingerprints, you should be fine, but I expect you will wait another couple months to get the EAD. Take care, Jason
Hi Jason, I finished my interview and it’s now past the 6 months I was told for the waiting time at the Boston office about the decision .But instead I have been called in for a second interview.is this usual ? What should I expect? And how long will it take for the decision after the second interview? . Thank you CN
It happens – maybe they forgot to ask some questions, or they have new questions based on information they discovered. There is really no way to know until you go to the interview. As for waiting time after the second interview, there is also no way to know. When you are there, you can ask the officer to see whether he/she has any idea. Good luck, Jason
Hi Jason How do I put my case on the short list?
Thank you
You can go to the office or email them. For email and other info on your local office, follow the link at right called “Asylum Office Locator.” Take care, Jason
Hi jason,
I did my asylum interview end of december 2012. I go every month to check if any progress has been made and the only reply i get is pending. What legal action should i do first from the above.
Thank you
That is a very long time – you should check to see whether there is a TRIG hold (see the link at right called “TRIG Inadmissibility”). Also, try the Ombudsman’s office. You might also consider a mandamus lawsuit. Good luck, Jason
Hi Jason,how long do you think it will take Chicago office to interview aapplicant December 2013
Thanks
I do not know – it is moving slowly. You need to check the Asylum Office Scheduling Bulletin (there is a link at the right side of the page). USCIS is hiring more officers, so hopefully things will start moving faster. Take care, Jason