My Asylum Case Is Delayed; What Can I Do?

These days, I feel a bit like a broken record: Delay, delay, delay. It’s all I seem to write about (and what I spend much of my work day dealing with). But it is the big issue with asylum cases, both in the Asylum Office and the Immigration Court, and so it is on everyone’s mind. Today I want to talk about delay at the Asylum Office and what can be done about it.

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

Most recently, the Asylum Office changed its policy and is now interviewing old cases before new cases. This means that new cases will probably take one to two years before the interview. Previously-filed cases will be interviewed in the order that they were received by the Asylum Office. Our oldest backlog cases–filed in April 2013–have just been scheduled for interviews, so we are starting to see the effect of the new policy.

Anyway, let’s get to it. If your case is delayed, what can you do about it? There are several actions you can take to try to get a faster interview date. None of them is guaranteed to work, but–depending on your circumstances–some may be worth a try.

Short List: You can put your case on the “short list.” The short list is a list of people who will be contacted for an interview if another case is canceled. In my local Asylum Office (Virginia), there are approximately 250 cases on the short list. The Asylum Office interviews about 10 such cases per month, so the “short list” is not very short or very fast. When your name is called, you may not have much notice before the interview (for example, the Asylum Office could call you today and tell you to appear for an interview tomorrow). For this reason, when you put your name on the short list, your case should be complete and all documents should be submitted. This is particularly crucial if your Asylum Office–like mine–requires all documents to be submitted at least one week prior to the interview.

Once your name is on the short list, the Asylum Office will eventually contact you for an interview. In the event that you are called, but cannot attend, there is no penalty. However, your name will go to the back of the line, so probably you will not be called again for some time.

The bottom line here is that the short list may be a way to get an earlier interview date, but it is not all that fast. So it is certainly not a perfect solution. On the other hand, there really is no downside to putting your name on the short list, so if you would like to move your case faster, this is a good first step.

Request to Expedite: If you have a medical, family, professional, or other emergency or need, you can ask the Asylum Office to expedite your case. We have had mixed luck with this option. We’ve tried to expedite for several people where they had family members overseas who were facing problems. For most of these cases, the Asylum Office did not expedite, but for a few, it did. We were able to expedite a case where the client had cancer. We’ve also had luck expediting a case where the client needed to obtain status for professional reasons. In short, our success at expediting cases seems to have little relationship to the seriousness of the client’s problem.

If you want to expedite your case, you need to contact the Asylum Office and ask to expedite. You need to explain why you want to expedite and include some evidence–such as a doctor’s note–about the reason you want the case expedited. Again, we’ve had very mixed success with getting our clients’ cases expedited, but there really is no down side to trying.

Congress: You can contact your local Congressional Representative to ask for help with your case. You can find contact information for your local Representative here and for your state’s Senators here. Generally, in my experience, this option has not been effective at getting a faster interview date, but there is no harm in trying. If you have a U.S. citizen friend (or church group or other group) who can make this request for you, it may be more effective.

DHS Ombudsman: You can inquire with the DHS Ombudsman’s office about your case. This office exists to assist people who have problem cases. The Ombudsman’s website is here. I have a high opinion of the Ombudsman’s office, and they do want to help, but I think their ability to make cases go faster is very limited. I doubt they will be able to help make a case faster under ordinary circumstances. But perhaps if you have tried to expedite due to an emergency, and you have not had success, they could assist you.

Mandamus: You can file a Mandamus lawsuit against the Asylum Office. In a Mandamus lawsuit, you sue the Asylum Office and ask the Judge to order the Asylum Office to do its job (process your case). I have never done this, but I have heard about some applicants successfully suing the Asylum Office. Generally, the Asylum Office will not want to waste resources fighting Mandamus suits, so they might agree to process the case rather than fight the lawsuit. As I see it, the two downsides to this are: (1) There is not a strong legal basis to force the Asylum Office to process a person’s case. The regulations generally require asylum cases to be processed in less than six months, but there are broad exceptions to this time frame, and the Asylum Office can rely on those exceptions to process cases more slowly. Although the suits may not be very strong legally, they can still succeed where the Asylum Office would rather interview the applicant than fight the lawsuit; and (2) It can be expensive to hire an attorney to process a Mandamus lawsuit. For applicants who can afford this approach, however, it might offer a way to make things faster (though it will surely not enamor you to the Asylum Office). 

To learn more about your options, you may want to contact your local Asylum Office. Contact information about your office can be found here. There is no magic solution to delay at the Asylum Office, but I hope that some of these suggestions will be helpful. If you have had success with these or other ideas, please let us know.

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1,405 comments

  1. Hello Sir,

    I have applied for my Asylum in January 2015. I requested my lawyer to apply for shortlist and also expedite request based on best option from the two. My lawyer refused and also he is unwilling for me to apply for travel document. He says that it is impossible. I am planning to change a lawyer who is familiar with the law and also can help with the possibilities set in the system. When I complain to him about poor handling of my case he threatens for me to pay him penalty of canceling contract. Please advise on the way forward.

    Reply
    • A lawyer cannot charge you a “penalty” for cancelling the contract. And you may be entitled to a partial refund from the lawyer, depending on how much work he did. If you are concerned about this, you can contact the Bar Association for the state where the lawyer is registered. The short list and the expedite process do not work well, so for this reason, he may be reluctant to pursue those options, but they do exists, and you certainly can try them. As for a travel documents, it is available if you can show a “humanitarian” reason for the travel. It is called Advance Parole and you apply using form I-131, available at http://www.uscis.gov. Take care, Jason

      Reply
  2. Hi,I applied for asylum in February,along with my family,we did ourf ingerprints,if I were to travel outside the US,do I have to wait until I get my ead,to apply for advance parole,or I can apply before getting my ead,thanks
    Sam

    Reply
    • You can apply now, and since it takes a few months to get Advance Parole, it is best to apply well in advance of your planned travel date. Take care, Jason

      Reply
  3. Hi Jason,

    I filed for asylum almost 2 years now. My concern is that every time I apply for work permit it takes longer time than ever before. This time it took 4 months and I think that I wouldn’t have gotten it without the help of the senator. My wife is studying and is considered an international student so we are paying the double. I can’t afford loosing my job. Based on your experience, do you think that I have a chance if I ask to expedite my case?

    Thanks

    Reply
    • You can ask the asylum office to expedite (usually based on a health reason, but it could be based on financial hardship) and/or put your name on the short list. You have to contact the local asylum office to ask about that – contact info can be found if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  4. Hi.. Jason
    How r u doing,
    Could you please help about green card marriage .
    One of my friend has green card he had married earlier then he got divorced and he want to marry again with the anothe girl my question is that will she get green card if he marry her , Bcoz she had come here on visiting visa ..
    Please help me on this situation ..
    I am very much thankfull to u…

    Reply
    • Hi…! Jason
      I’m waiting for your answer.

      Reply
    • Sorry – this website is for asylum questions. Your friend should consult with a lawyer for assistance. Take care, Jason

      Reply
      • Sorry about that….

        Reply
  5. Hi Jason
    My work permit is delayed for two months. When I wrote a letter to the the senator, they asked me to write an expedite letter, so I received my card after only 4 days.

    I interviewed on last February and did not get reply yet. I received the below letter form Chicago office. Could I write a letter to the senator to help me getting my decision or it will not help me as it is security issue?

    Regards

    “we are waiting the results of mandatory, confidential investigation of your identity and background. There is no need to contact our office. You will be notified as soon as this investigation is complete. You may be contacted to submit another set of fingerprints for this investigation “

    Reply
    • I think using the Senate office will not help, but it won’t hurt and I do not think there is any harm in trying. Take care, Jason

      Reply
  6. Hi Jason,

    Recently got my EAD, and I want to apply to permanent position at a company.

    Is it possible to apply for permanent position or one can work as a temporary employee with EAD?

    Thanks.

    Reply
    • Either one – depending whether the company will hire you. Take care, Jason

      Reply
    • Hey Dani, yes its possible to apply and get hired as a full time employee. Thats actually exactly what I did and now Im full time employee with pending renewal of my new EAD. My Employer already has notified me in case if I will not renew my EAD they have to terminate me but they willing to rein-stain me as soon as I will receive at least confirmation approval. BTW my renewal is pending for 120 days and I already asked to expedite my case and also has called to congressman – no luck still, and I have just a few days left before my current EAD will expired(((

      Reply
  7. Dear sir,
    Hope this message finds you well,

    I have sent my asylum application to immigration department one month ago and through a lawyer and he said that I should get the receipt in 3 weeks time and now about 32 days have passed and I haven’t received anything. Is it a normal thing? Or there is a problem in my application? And is it possible to be rejected in the period of 150 days before you get your EAD and extra? Iam asylum seeker from Iraq.

    Your response is highly appreciated
    Kind Regards

    Reply
    • Normally, most people get a receipt in less than a month, but you never know. You may want to double check that the case was mailed to the correct address. If you do not have anything in another month, something is wrong for sure, and your lawyer may need to re-file or file a FOIA (Freedom of Information Act Request, form G-639, available at http://www.uscis.gov) to see what is going on. Take care, Jason

      Reply
    • Hi Jason,
      Back to my question again, it has been now 48 days since I have filed and still no acknowledgement receipt letter received. I have contacted National customer services center but they could not help. Should I schedule for info-pass appointment with my local CIS center? Can they do something?

      Reply
      • Try emailing your local asylum office. You can find the email address if you follow the link at right called Asylum Office Locator. You can also go there in person. You might also file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov), but that takes months. I’d suggest that if the local office cannot help, you should re-file your case, making sure that you are sending it to the correct office, and explaining that you previously sent it, but never heard back. Good luck, Jason

        Reply
  8. Sir, i need urgent help. My father went on h2b visa in 2009 and since we are from remote village in Nepal we had no idea about asylum. However in 2013, one uncle frkm our village told my father about this when my father H2B visa expired. So my father applied for asylee and got interviewed by USCIS. However he was refered to Immigration court stating he had been in US for more than 2years. Right now he is critically sick and we have no families in US. His court interview is in 2017 and we were rejected for visit visa. Could you please help us expedite his process? Thank you verymuch we deeply apprdciate your help in this desperate and depressed situation.

    Reply
    • If his case is in court, the only way to expedite is to file a formal request with the Judge (called a Motion to Expedite). He should have a lawyer to help him with this (and with the rest of his court case). Also, since the courts are so busy, it is very difficult to get an earlier date, but since he has a good reason, he can try. Take care, Jason

      Reply
  9. hi,jason my question is i came to us on a student visa F-1 and its valid for 5yrs due to some financial mess back home im not able to take academic n i took ESL course for 3sememters now the university people informed me as i have taken ESL continues for 3semester the immigration department want me to deport due to difference in my i-20status i cannot go back shall i file for asylum i came to US in AUGUST 2015 plz guide me with a suitable solutions available which i can opt for and the costing of filing aslyum case along with lawyer fee i will be very greatfull to you thank you

    Reply
    • If you want to file for asylum, you should do that within one year of the date you came here. There are exceptions to that rule, but that is safest. If you are asking whether we can do the case, I can certainly talk to you about it. If you’d like, you can email me at Jdzubow@DzubowLaw.com. Take care, Jason

      Reply
  10. Hello Jason, my name is Kflom. I am on F-1 visa and I applied for asylum before 8 months, in Houston TX. I didn’t receive any notice for interview. The bad thing is I left my family back home. My wife give birth to our first born child who was born after me. I contacted the asylum office via email and letter many times, they just told me to wait. I am really desperate with this case. I really miss my wife and my child, they are also facing big sociopolitical problems there. So what can I do to expedite the interview case? Do I have to go to the office in person? IS there any means that I can convince the officers to expedite my case?
    Thanks for your time!!

    Reply
    • It is very difficult to expedite a case. I discuss the ways I know above, and I really do not have any other ideas about it. Unfortunately, everything is very slow, and no one knows when (or if) things will improve. One idea – could your wife and child apply for F-2 visas? I think this is a long shot, since you have applied for asylum, but maybe it is worth a try. Good luck, Jason

      Reply
  11. hello JASON
    I AM IN SITUATION THAT .AFTER THREE YEARS OF APPLYING FOR ASYLUM I DID INTERVIEW WITH IMMIGRATION OFICER WAS NOT BED.
    I SUPOSTU GO AND GET MY DECISION AFTER 15 DAYS .USCIS OFICE SEND ME A LETER TO GO AFTER 5 DAYS THAT TO GO TO GET MY DECISION BECAUSE THAT DAY WAS NOT OPEN FOR PUBLIC.ONE DAY BEFORE MY LAWER GAT A CALL FROM USCIS COUNCILOR THAT THE OFICE HAS NOT MADE DECISION YET AND HE IS GOING TO MAIL IT .
    WHAT YOU THING?

    Reply
    • This is pretty common. Unfortunately, the officers often tell people they will get a decision in 2 weeks, and then it is delayed. We have seen people wait for a few weeks or many months – it is not predictable. Good luck, Jason

      Reply
  12. hi
    i searched on internet and found that the asylum grant rate is different state by state. is it true. should i need to apply where grant rate is high. source was financial reports of Usa immgration. i am in northcarolina and grant rate is 13% here. But in california the grant rate is more than 45%. so suggest me where i need to apply. i came USA 2 months ago.

    Reply
    • The grant rates vary by Asylum Office (there are 8 offices) or Immigration Court (there are 50+ courts). You might check a website called “TRAC Immigration” (you can Google it) for the courts. For the asylum offices, I did a posting on February 25, 2016 that may be helpful. Take care, Jason

      Reply
  13. hi Jason
    I applied for asylum since 2013 and still no interview date. My husband who is secondary on my application wants to travel (he didn’t change his status which is international student). the problem is his F1 visa has to be renew while he is outside he USA. I was wondering if he travel outside the USA to renew his F1 visa, is there any problem for him to be denied? since he is secondary to my application.
    Thank you very much

    Reply
    • I think there is a strong possibility that he will be denied a new F-1. I wrote about this issue on April 18, 2014. Maybe that posting would be helpful. Your husband should be able to travel and return using Advance Parole (apply for it using form I-131, available at http://www.uscis.gov). Before leaving the US, it is a very good idea to talk to a lawyer, as there could be other basis to deny re-entry. Take care, Jason

      Reply
      • Thank you so much

        Reply
  14. Hi Jason, here is my situation- I received a call from my Lawer on January 2016 saying that she got a call from immigration officer who informing her that my asylum office was granted and he is going to sent an appropriate letter both to me and my lawer’s office. Nothing happened since then. I applied for EAC renewal and received denial due to my granted asylum case. I still do not have any sort of documents proved it, besides that letter explaining the denial of EAC renewal. I sent email and letter to SF asylum office, my Lawer sent several inquries to the immigration officer and received the response that the letter was sent’ Are there any other options I can get my this letter? Thanks a lot for answer in advance.

    Reply
    • You can go to the office in person and ask, or you could file a Freedom of Information Act Request using form G-639 (available at http://www.uscis.gov), which should give you a copy of your whole file. Take care, Jason

      Reply
  15. Hi Jason, greetings and I have a question as usual about the asylum case. I am here on a tourist visa which I had been carrying in my country for about 6 months and when the situation got worse for real then I decided to travel here. I do have many relatives in the US and currently am residing in orange county in BREA, california… I have relatives here and in San Francisco. Which Immigration office would you suggest for me to apply in with the concentration all on the time process of final processing of the asylum application. All your answers seem to be helpful. Could you please help me with this because I have my 3 year old daughter and my wife in my home country?

    Reply
    • If all else is equal, apply in the San Francisco office. I did a blog post about this on February 25, 2016, and that might be helpful. Take care, Jason

      Reply
  16. Hello Jason,

    I applied the asylum two years ago,before I have a lawyer, but he always let me play money when I let him check the process of my case,so I quit him,right now I connect with USCIS by myself by e-mail. but I never received any interview notice form immgrate dapartment, Sep. 02, 2015, one day somebody from USCIS who called me said I will have a chance for interview in October 2015, He told me he already put my case into the wait list,but I still donot receive any mail to notice me to interview.I sent a e-mail to USCIS, she answered me I need to fighterprint again because of pasting my old one. After I finished my fingerprinting in Jan,15,2016,I never receive any information from e-mail or a letter(I applied in Los Angeles),Right now I donot know how to do next step,please give some advises,thank you!

    Reply
    • I do not know what happened. Maybe they put your name on the “short list”, but because your fingerprints were not ready, they skipped your case, but that is just a guess. Email them again or go in person to ask. You can find the email address and office hours if you check the link at right called Asylum Office Locator. The LA office is the slowest in the US, so it is not surprising that you have not yet been interviewed. Take care, Jason

      Reply
      • Hi Jason
        Thank you for your appreciate reply!Today I received a email from Asylum Office.She told me in the past seven hundred thirty four days,she never sent any interview notes to me because of so many cases waiting for the interview chance like me. From the Bulletin I donot know how long time I should waiting for the interview chance, now what I can do? or only wait?or ask a american citizen help me ? or find a group people from church to help me? please give me some advises,thank you!

        Reply
        • I am not sure there is anything more you can do. Maybe the call was a mistake. Who knows? I suppose you can put yourself on the short list, or ask to expedite, as described above. Take care, Jason

          Reply
  17. Hello,
    I applied for asylum in may 2015 and checked a Schedule Bulletin, which looks very bad, I would like to know is it possible to move my case from one office to another (from Los Angeles to San Francisco)? And if so what I need to do for it?
    Thank you very much in advance.

    Reply
    • If your new address is under the jurisdiction of the new asylum office, your case will be moved (though you may need to remind the Asylum Office to maven the case). You can check which address corresponds with which office if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  18. Hi, I thought of asylum as my last chance to settle and live in US but it seems to e my first option, Can I open a business once I applied for asylum, can I have the right to work. Can I apply for asylum alone while my family still at home country, can they come and visit me, I know that I can not travel abroad until a court decision?.

    Thanks
    Adel

    Reply
    • So you want to apply for asylum just so you can settle and live in the US? That’s not the purpose of asylum. Asylum is for those who are in danger in their home country and cannot go back.

      Reply
    • It is possible to travel abroad (but not to your country) for “humanitarian reasons” by applying for Advance Parole (form I-131, available at http://www.uscis.gov). After you file for asylum, you must wait 150 days and then you can apply for a work permit, which allows you to work, study, open a business, etc. If your family can get a visa, they can come visit you, but this can be difficult (I did a post about it on April 18, 2014, which may help). Take care, Jason

      Reply
  19. Hi I have some questions
    I am in USA more then 2 years
    I applied for L1 visa and it’s take first process about 8-9 months and we got denied, then lawyer said me we can go to appeal form i290b but it takes so long time and it’s about 1 years and 7 months we got again denied
    And right now I change my lawyer and we want to apply for asylum
    What you think it’s long time more then 2 years
    And I have proof what happened in my country with me
    Can be any difficulty ? In Asylum says that you have to apply in 1 year after entering USA but we wait to get finel decision L1
    Any body be like this situation
    Thank you

    Reply
    • The fact that you did not apply within one year is a problem. However, your efforts to get a new visa may constitute “exceptional circumstances” that excuse the one-year filing rule. You will have to submit evidence of the reason for the delay. Also, there may be changed circumstances that affect you as well – maybe conditions changed such that it was safe for you to return, and now it is not. Either way, it is very important now that you file as soon as possible. Talk to a lawyer to get help meeting this requirement, but file as soon as you can. Take care, Jason

      Reply
  20. Hi Jason,

    Applied for asylum two years ago, did the first interview after a month, did second interview about a year and half. Since then my case is pending HQ review (Head-Quarter).
    Is there any way I can contact Head-Quarter office and follow up on my case?
    Do you think any expediting method will work in my situation?
    What would you advise other than just wait?!

    Thank you

    Reply
    • You might try contacting the Ombudsman; they can inquire with HQ for you (a link is at right). I doubt this will be effective, but it is free and there is no harm, so maybe it is worth a try. I do not think there is an defective way to contact HQ (at least I have not found such a way). You can also think about the mandamus lawsuit, but you should talk to a lawyer first. I wish there was a better solution for this situation, but I do not know of one. Good luck, Jason

      Reply
  21. Hello Mr.Jason,
    I am willing to apply for asylum soon. Does it affect my final asylum decision in the future if I applied for a tax ID now so I can open a small business account and pay taxes?

    Reply
    • We have had clients do that, and it never had an effect on the asylum case. Take care, Jason

      Reply
      • It’s called ITIN, right ? What are the required paperwork ?

        Reply
        • and I am on a tourist Visa here. Will that affect me or my status by anyway ? Does it have any negative effect when I apply for asylum?

          Reply
        • I do not know anything about that – sorry.

          Reply
  22. thanks,
    that was useful.

    Reply
  23. Hie Jason.
    I have a quick question. I am waiting for my interview i submitted my application in 2014/2/12. Here is my question…in the wake of the imminent immigration reforms do we as asylees pending stand any chance of amnesty sort of?
    Take care.

    Reply
    • I have not heard of any amnesty that will benefit asylum seekers. Take care, Jason

      Reply
  24. Hey Jason.
    I have a quick question, as asylum seekers do we stand a chance in the immigration that are imminent?

    Reply
  25. Hi Jason
    Thanks for ur advice. I have applied for affirmative asylum from Missouri . It’s been almost 7 months now. I havent got interview notice yet.i did my biometric and I have already applied for my ead after 150 days. It’s been almost 2 months since I applied for ead still my ead is pending.i apprectiate ur answer
    Once again thanks

    Reply
    • You have to check the Asylum Office Scheduling Bulletin to get an idea of the waiting time for an interview (a link is at right; if you are not sure which asylum office has your case, check the link Asylum Office Locator). As for the EAD, we are typically seeing people wait 4 months, and if you got your receipt, you should be alright. Take care, Jason

      Reply
  26. Hello dear Jason
    I m an applicant of asylum I applied all the paper work by myself waiting for my interview now I have a question regarding my interview should I hire a lawyer or translator to be with me during my interview with an officer or no ? I speak English but still not sure if I can express my opinion well
    Thank you Very much
    God bless you for your help

    Reply
    • It’s up to you, but a good lawyer can help you identify weak points in the case and think about how to respond, gather appropriate evidence, etc. I think the two most important things a lawyer does are prepare and review the documents and evidence, and practice with you before the interview. The lawyer’s role at the interview itself is usually pretty minimal. If you have limited money, maybe it is better spent meeting with a lawyer to go over your case, rather than hiring a lawyer to attend the interview with you. Good luck, Jason

      Reply
  27. Hi Jason:
    I applied in July 2013, got my recipient and went to do my finger prints and photos on September 2013. I check the Asylum Office Scheduling bulletin and show category 3- March 2014, I didn’t get my notification for the interview yet? If I was September 2014″3, how they pass to March 2014?? What can I do or who do I contact about this matter?
    Thank you for your consideration and taking the time to answer all
    Our questions.

    Reply
    • Contact the local office where your interview should have been – you can find their contact info if you follow the link at right called Asylum Office Locator. You can email them or – better yet – go in person (if you can). Take care, Jason

      Reply
  28. My case is taken one to be review why

    Reply
  29. Thanks you Jason for your wonderful information. I noticed that you mentioned that you had luck expediting a case where the client needed to obtain status for professional reasons. I am a PhD student and working on a big project with USDA, this project is funded by NSF and NASA. I am expected to graduate on May or August 2017, and according to the affirmative asylum scheduling bulletin there is a very low chance for me to be interviewed by then. I need to be granted the asylum before my graduation so I can continue working on the project without any issues. Can you pleas provide me with an example of the letter that I need to send to the USCIS in order to seriously consider my request to expedite my interview? What are the “powerful terms” that can enrich my letter?

    Many thanks for all your efforts,

    Tareq

    Reply
    • I have no such letter, but you need to explain to them why having asylum is important – and why an EAD is not sufficient. You should get a letter from your employer and also several letters from different people in your field who can explain why you need asylum and why the EAD is not sufficient. Also, if you or your family members have any health issues or other problems, it is probably worthwhile to mentions those as well. The expedite process is mostly luck, so if you make the request and you are lucky, hopefully your case will move along faster. Take care, Jason

      Reply
  30. Hi Sir,
    I am waiting for my political asylum interview from last two years. I asked my lawyer for an application to expedite my interview with no positive result from immigration.
    After that I contacted congress representative here in VA and the result is the same i.e, negative. Just wait wait and wait. My family is back home with bad security in my country. Is it possible for me to go to another country and seek asylum while, my application is pending here in US.
    Regards,
    Sardar

    Reply
    • You can leave the US using Advance Parole (form I-131, available at http://www.uscis.gov). It is not always easy to get, and usually you cannot leave for very long. However, maybe you could try to seek asylum in a third country. Unfortunately, it is very difficult to get USCIS to expedite, since many people are in the same situation as you. Good luck, Jason

      Reply
  31. Hello jason
    My husband and i applied for assylum in july 2014 and still didn’t hear anything from them. How long do u think it will take more???

    Reply
    • Hopefully, you got the receipt – if not, something is wrong. Otherwise, check the Asylum Office Scheduling Bulletin, a link is at the right. It will give you some idea about the wait time. Take care, Jason

      Reply
      • I got the reciept that we r in the process but still nothing for appointment

        Reply
        • That means you are in the queue. Now you just have to wait and wait….

          Reply
  32. Hi Jason, both my wife and I are international students in US on F1 visa right now. I’m doing my PhD and she is doing a master program ( and she is graduating on may 2017 ). I cannot continue my phd program since I could not pass the qualifying exam. I applied for political asylum on January 2016, and included her name on my petition. I was in prison for 3 months back in my country for my political views and so my case for asylum is strong. now as I’m going to be out of status since I have to drop the school and my wife is still on F1 till next year, I want to apply for EAD and work for this one year. Then we want to move to another big city ( the same city that our case is filed now ). I want to study again there but I think since I will be out of status for one year then they are not giving me F1 visa again right? I’m really nervous right now because I’m continuously thinking about the fact that if my case be rejected ( probably my interview will be 1.5 year from now ) then I have no status and it’s gonna be horrible for me. And I know that if I go back to my country I’m gonna be arrested at airport. So would u plz tell me your opinion about my case and what will fit best for me to do during next year till I get the notification for the interview?

    Reply
  33. Dear Mr, jason.
    Thank you for all the help and advice you provide for us. I have interviewed nine months ago in Arlington, and I am still waiting for the decision. My problem is although I have Phd, I lost my hearing due to genetic family history. I do have work authorization, but it is hard to me to find a job. I apply for asylum 2 years ago and I’m still afraid for my safety if I go back, things are going from bad to worse in my country. I am wondering if there is anyway making petitions to my husband and my children whom I depend on them very much ? Or just to wait? I am very desperate, I do not have any source of income, I am staying with relatives. I don’t no what should I do, where to go and who can I ask?
    Thank you.

    Reply
    • You cannot petition for your family members unless you win the asylum case. Maybe they can come here some other way – a work visa, student visa, petition from another family member. You might want to talk to a lawyer to explore the options. Good luck, Jason

      Reply
  34. Hi
    Need your advise here …. I am waitting for my court hearing which is for my assylum application in september 2016… During a routine blood checkup doctors found out that i have hepatits C and they want me to start 12 weeks course of medication ASAP… My wife and kids are back home in pakistan and i need someone from my family near me during this painful process of 12 weeks …. Can my wife or any of my kid can apply for visit visa in this condition to support me ? They all are i. My pending application
    Please advise
    Adnan

    Reply
    • They can apply for a B visa to come to assist you. You should provide all the evidence of the reasons they need to come. If that does not work (and it probably won’t), they can apply for humanitarian parole, using form I-131 (available at http://www.uscis.gov). A lawyer can help you with all this – and if you can afford one, I highly recommend that you use a lawyer. Good luck, Jason

      Reply
  35. Hi Sir,first of all thanks you for all these information that you provide to us,much apprecciated
    I have applied for asylum in october 2015 and havent received interview notice yet,however i did apply for ead because 180 passed already but still no answer.Looks like it is gonna take to long for me to obtain legal status.I want to marry my us citizen girlfriend and im confused now if that will affect for bad my situation.Will i be granted adjustment of status from marriage or will i be suspicious to them? Should i wait more for an answer from asylum office maybe? I just dont want to lose time anymore

    Thank you

    Reply
    • You can get an idea of how long the asylum case will take if you look at the Asylum Office Scheduling Bulletin – a link is at the right. If you entered the US legally and are not blocked for any other reason (immigration or criminal violation), you should be able to get your green card based on marriage to a US citizen. The fact that you applied for asylum will not block you. Take care, Jason

      Reply
  36. Hi Jason,

    Thank you for your time in advance. I applied asylum in the SF court in 2009, however, my case has not been schedule for a court hearing since then. I applied with help of an immigration lawyer, and the lawyer has been receiving the re-set notice 3 times, and he had only showed me the first re-set notice the first time. Who should I contact now? Should I hire any other lawyer to review my case. I am afraid my case has been dismissed and I become illegal in the status. Please help me.

    Thank You,
    WL Xuan

    Reply
    • First, you should hire a new lawyer – it is pretty clear that you do not trust your lawyer, and so you need a new one. Second, if you have your Alien number, you can check the status yourself: You can call 1-800-898-7180 and enter the Alien number. The computer will tell you your case status and your next court date. Also, if you need to talk to the court, you can do that too (though they often do not answer their phone) – you can find contact info if you follow the Immigration Court link at the right. Take care, Jason

      Reply
  37. Hi jason. I am in a Serious problem right now. I had filed from Nebraska and had my Interview 3 years back but still waiting for the decision from USCIS. My problem is I got Full time job in different states(Ohio). I know if i change my address now, it might take a long time to process.

    I don’t want to change my address. I will keep my address same as now and also keep my driving licence from Nebraska
    But my confusion is having permanent address in one states and paying tax in different states. Do you think it is possible?

    Can i file the tax from Nebraska even if i work in different states?
    What you think? Is it good to do that? or it may hamper my case.
    Please help me. I am in great confusion.

    Reply
    • If you change your address after the interview, it should not be a problem or cause delay. Of course, you never know, but we have not seen anyone have a problem in these circumstances. Take care, Jason

      Reply
  38. How can I procede whif a Mandamus lawsuit?
    I Have a pending asylum case since June 2012 in California ZLA, Interviewed twice and the last was in May 2015 but still no decision. The specificity of my case is that I’m already a refugee by the Geneva Convention of 1951 and came to the US with B1 visa in the refugee travel document of Switzerland. I contacted Ombudsman, the senator’s office, UNHCR see the US president but without success, knowing that my son is in Ukraine since he was a minor and behold, now 19, but also recognized refugee Ukraine .face the situation of political and economic instability that life Ukraine, I presented this as an emergency to the family reunion but the case is still unanswered. What can I do…
    Thanks.

    Reply
    • You should find a lawyer who does such cases – I currently to do not them, but some lawyer do. Good luck, Jason

      Reply
  39. Hi,
    I applied for asylum 3 months ago, and will not be able to apply for work permit now, but I got an approval to start my residency training after 2 months, and I have to join the residency program or I might lose the position. My question: Is there any kind of working visa that I can apply to at this time, based on a document shows that I have to join a residency program, while I have asylum pending status.
    Thanks

    Reply
    • I think you need to talk to a lawyer about your specific situation. I do not know of any such visa – maybe an H1b or a J, but it depends on the case, and except possibly for certain H1b visas for non-profit organizations, I highly doubt you can get the new visa very quickly. Good luck, Jason

      Reply
  40. Hi Dear Jason, I have a serious question. I am a pending asylum with EAD. I recently got a job offer from the state which is different from my current state. I really like to accept that job but my lawyer told me that if you move it will prolong your interview time and you should pay all my travel expenses for your interview time. But he suggested me not to update USCIS with my new address and keep my current apartment address. My question is that am I eligible to have two different address in USA? Because in this case the address of my work place and new apartment lease is different from the one that I updated USCIA before. But I want to keep my current apartment just for this reason.

    I do not want to be in trouble in future. Please help me about that.

    Reply
    • This is risky – at the asylum interview, you will have to state where you are working, and if you are working in one state, they will wonder why you are living in another. If you can legitimately say that your work address is temporary (maybe keep your driver’s license and taxes at the old address), that would help. However, if they think you are lying about your address, they may think you are lying about your whole case. If you do move the case, you should keep your place in the queue at the new office (though this seems to work sometimes, and not all the time). As for the lawyer, it is fair to pay extra if he has to travel to a far away office. You can use a new lawyer for the interview if you want – the lawyer’s job at the interview is small, and we often use a local lawyer if the interview is far from our office. Take care, Jason

      Reply
      • Dear Jason,
        do you know how long the moving would delay a case? I’m thinking of moving from Chicago to Arlington in this fall. My case was submitted last year. Would they put my case in Arlington as a new submission or a case of last year?
        (I asked the office of Arlington but there’s no reply yet.)
        Thank you very much!!!

        Reply
        • Arlington often does not reply. According to USCIS, moving should not affect your place in the queue. I am not 100% confident that that is true, so if you change your address, you should follow up with the old office and the new office to make sure the case was moved. Take care, Jason

          Reply
          • Thank you so much! Have a great day! 🙂

    • Thank you very much for your prompt response. Please let me know is it possible if I want to keep my current apartment and pay for that and at the same time have an other apartment in my work place?can I tell to the judge that I commute between two place that’s why I did not change my address? My only reason is that I do not want to prolong my case just by moving in other state.

      Reply
      • It seems like an expensive solution, but I suppose you can try. There is no mathematical formula for this – if you have a valid basis to claim that you live at one address, you should be ok, but if you have no connection to that address, and you use it for your case, it might cause you problems. Really, you might want to consult a lawyer to look at the specifics of your case. Take care, Jason

        Reply
  41. Is it an advantage having a immigration lawyer working on my case and how long would I have to wait if a lawyer request my travel document

    Reply
    • You are asking a lawyer whether I think it is worthwhile to have a lawyer help with your case? Of course, I think the answer is yes. Statistically, at least for immigration court, lawyer do make a difference (you can google “TRAC immigration” to see – there are no statistics available for affirmative asylum cases/Asylum Office cases and lawyers, but I suspect in many cases, a lawyer does make a difference. Travel documents are slow – it can easily take 6 months. Take care, Jason

      Reply
  42. Hi Mr jason.. thank you in advance for all the help and guidance that you provide us.. we really need that friendly contac.. this is my case. Can I have a family petition while asylum case is pending? I apply for asylum 2 years ago.. but I’m still afraid for my safety if I go back there and I was wondering if my mom can make that petition with the asylum open or should we closed? Or just wait? We are desperate and don’t no what should do, thank you for your time

    Reply
    • If you have a family member who is eligible to petition for you, you can do that at the same time as the asylum case. It should not be a problem (as long as both cases are consistent). Depending on your situation, you may or may not be able to take advantage of the family petition, and it is worthwhile to talk to a lawyer before you start the process in order to know whether you can ultimately get your green card that way. Take care, Jason

      Reply
      • I will do that… thank you so much agin..

        Reply
  43. Hello Sir, I have a pending asylum case since 2014. Right now and till 8/2017 my visa is till valid but can’t be extended. My understanding that I can stay in the US while my case is pending. My question: In case my visa expire and went out of status, and my case is denied, Can I apply for another visa or I have to leave the country?

    Reply
    • You can stay in the US until you have a final decision in the asylum case. If you are denied and leave, you may have a bar to re-entry. You can apply to re-enter anyway. You might need a waiver, and certainly you could be denied, but you can apply. Take care, Jason

      Reply
      • Thanks, but I wanted to know how to stay in a legal status in case my case got denied. Is it possible to apply for any visa at the time while I am in the US.

        Reply
        • Unless you can get an H1b or an F visa, I doubt this is possible. But as long as you apply before your first visa expires, you can try for any visa. Take care, Jason

          Reply
  44. Hi Mr Jason,
    First I would like to thank you for great job that you are doing,by helping different people and culture from all over the world.
    Im British citizen who lives in London almost 20years.During thise period i never left London,but thise transition In europe make me feel uncomfortable and unsafe,for me and my children
    Question to you,how is procedure if i can move to States,with British passport im in disposition to invest in thise country all savings from my back country.
    Is there any chance for employment authorization ,and what is the first steep that I must take to Apply for bussines permit
    Thanks in advance again
    Kind Regards
    Andra

    Reply
    • I can only assist with asylum cases. I suggest you look for a lawyer who does business immigration. Take care, Jason

      Reply
  45. Hi Mr. Jason,

    May I ask some questions please. I am now an asylum applicant. I currently live in Queens, NY. The question that I want to know is “can I check my case process using CHECK MY STATUS with my receipt number? If it can, do you have any idea why my case cannot be checked. It says INVALID whenever I tried.” Please could you help me out? Thanks.

    Reply
    • You cannot check your asylum case status on-line. Anyway, there is nothing to check. If you look at the website Asylum Office Locator (a link is at right), you can get an idea about when your case will be interviewed. Take care, Jason

      Reply
      • Thank you. Take care.

        Reply
  46. Hi Jason,
    My Question is about payroll:
    While my first interview is pending at asylum office can i apply for the payroll to visit canada to my In Laws as a vacation trip. If i can apply how long it takes to get approved and how much the fee can be?

    Reply
    • You can apply for Advance Parole using form I-131, available at http://www.uscis.gov. The instructions explain how to apply and how much it costs. It can be difficult to get (you have to give a “humanitarian” reason) and we have seen it taking over 6 months in most cases. Also, of course, you need a visa to Canada. Take care, Jason

      Reply
  47. Hey! I’m in a pending process for asylum already for 3 years. I filed mine in April 2013. Is there any regulated timing for how long can it be pending like that? Thank you

    Reply
    • No – but you can get some idea if you check the Asylum Office Scheduling Bulletin. A link is at the right. Take care, Jason

      Reply
  48. My asylum case is been delayed…..can I get my green card after five years if I didn’t hear from the immigration.

    Reply
    • Really? Are you serious? Do you think you can come up with your own laws like that?. Nowhere it says that if your case is delayed you will get a greencard after 5 years. Just be patient and you will hear from them. It’s frustrating that people have to wait long but you will definitely not wait 5 years. Good luck!

      Reply
  49. we added my husband to my political asylum case month ago. and still did not receive an Alien number. my lawyer said he does not know how long we should wait for an alien number. and its faster to open for my husband a new case ( but he is 10 years in USA, and was not legal here.also he is from other country then me, where no war) how can I know when can come Alien number? Thank you

    Reply
    • You should contact the local asylum office and see whether they can help you. Contact info for the office can be found if you follow the link at right called Asylum Office Locator. The system now is such a mess, I do not know how long it will take for your husband to get an A number, but ask the Asylum Office and maybe they can help. Take care, Jason

      Reply
  50. Hi, my question is kinda complicated, my wife and i came to is under visa b1/b2 tourist, we filed the change of status to become students (f1 through i-20) and we want to file for political asylum (we are from venezuela), my question, we still waiting for the confination number from inmigration, when we get the confirmation number, can we file for asylum? While having pending the tourist to student change of status can we file the asylum?

    Reply
    • If your plan is to file for asylum, the most important thing is to file within one year. I understand why you may want to wait for the F-1 visa to be processed, and I think it is fine to wait – unless you pass the one-year anniversary of your arrival in the US. In other words, you can wait for the F-1, but if you think you will not get it within one year of your first arrival in the United States, you should file for asylum. If you wait more than one year from your arrival date, you may become ineligible for asylum. Take care, Jason

      Reply

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