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.
Hi Jason,
I filed my asylum case with the help of a free lawyer since December 2014 and I haven’t been scheduled for an interview. Also I have a 3 year old kid who needs medical attention asap so am willing to expedite my case but I don’t know if I would face a Immigration judge or an Assylum office
What can I do to make my case fast
If you have a lawyer, he/she should help you expedite, or at least you need to inform the lawyer that you are requesting an expedited interview. Typically, we submit evidence about why we need to expedite the case (including a letter from the doctor, if appropriate), and in our office (Virginia), there is a form we have to submit to request expedition. You will be interviewed by an asylum officer, not a Judge. Take care, Jason
Dear Jason,
Thank you for your always cooperation and guidance. I have question whether it is possible if someone applied for Asylum and He would change his status to H-1B if a company sponsor him before decision on his Asylum case. I look forward to hear from you on this.
Many thanks,
Durani
You can only change to H1b if your are currently “in status,” meaning you are lawfully here on an F visa, B visa or some other type of visa. If – for example – you came here on a B visa, applied for asylum, and the B visa expired (usually 6 months after you arrived), then you can only collect the H1b outside the US. This may be possible but I would recommend you do not leave the US unless you have Advance Parole (apply for that using form I-131 available at http://www.uscis.gov). In reality, you are far better off to have a lawyer help you with this, as it can be tricky, especially if you need to leave the US. Take care, Jason
Helo sir i filed my asylum in oct 2014 in newyork i still wating my interview i see schadule bullentin now newyork schadule is september- october 2014. Do you know about my interview letter..
You should receive it soon, assuming the asylum office still has your current address. If you are not sure, you can email them or go in person to ask. You can find their contact info if you follow the link at right called Asylum Office Scheduling Bulletin. Take care, Jason
Hello Jason,
I hope all is good. I applied for asylum may 22,2014 in Modesto , CA
Under the jurisdiction of San francisco office.
Since then I haven’t heard anything back from the office.
Today I went there looking for updates and it turns out they are interviewing people who filed on December 2014 (shocking news, they passed my filing date by more than 6 months). However, they said that the officer Who’s assigned to my case will be back next week and the reason for not scheduling the interview is that They are still working on it. the lady at the window to whom I talked said that she will talk to the officer for a possible interview.
My question is, what are the possible reasons for not being called for interview ?
And what kind of work that requires >2 years of processing?
P.S they didn’t give any request forms to fill.
She looked kind of surprised when she saw my filing date on the computer.
I’m going there again next week.
I think you should keep bugging them every few weeks. It may relate to the security background check, but I do not know the reason why the skipped your case. You should ask the receptionist if she knows the reason. Take care, Jason
Hey jason i would like to know how can i apply to put my pending asylum case into a short list since i have been rejected to expedite my case two times and whats the best option you would recommend for me …please note that i have a medical condition for my dad since he needs treatment and he is outside US as long as me which i need some treatment for my fatty liver
Unfortunately, many people are asking to expedite, and so this makes it harder to expedite. In our office, you have to email the asylum office to be placed on the short list. Other offices may have a different policy and so you have to contact them. You can find their contact info if you follow the link at right called Asylum Office Scheduling Bulletin. Take care, Jason
Hi Jason, hope you are doing great I’ve gone through all the above posts and I should say you’ve been very patient in answering all the queries in a very efficient manner.
Here is my story: I have applied for asylum at LA in the Month of May 2016 and my Attorney has informed me that i would have to wait for about a minimum of 2 years for my interview. I would be applying for my EAD next month as i would be completing 150 days of mandatory waiting period . I already have a company that’s willing to offer me a job once i get my EAD. My question is: Can the company file for my GC before my Interview? and if the company does. will my application for Asylum become Void?.
looking forward for your response.
Regards,
Santhosh
The company can file for you, but you may need to leave the US to collect the green card. Whether this is possible, I do not know, and so you should talk to a lawyer about the specifics of your case. You can pursue both applications (GC and asylum) at the same time, that is not a problem. If you get the GC, you can give a copy to the asylum office and then close your case. Take care, Jason
Hello Jason,
I have applied as an asylum back to June 2015, LA office. I know it would take longer. I am planning to buy house, is that okay for me or I have to wait till I get the decision for May case! Btw I am from Irak Baghdad
I see no reason why you should not buy a house. In my opinion, it is better to live your life rather than put everything on hold while you wait months or years for a decision. Take care, Jason
Hi jason
I had an interview in december 2015 for my asylum case.. My immigration officer said the result will be out in 2 weeks through mail or telephone but since then I haven’t heard anything.. What you think i should do. Because i m going to college for my graduation and paying almost double of my fees ,.. What should i do in that case .
Thanks
It is very common for the officer to tell you the decision will come in two weeks, and then it does not arrive for months or years. I wish they would not make such promises, as it causes a lot of stress for people. I would say that, of our cases where the officer tells the applicant that a decision will come in two weeks, well over 50% are delayed. As discussed in the above article, you can contact the local asylum office (by email or in person) or you can contact the USCIS Ombudsman. These might help, but unfortunately, there is not a lot you can do to get them to make a decision sooner. Good luck, Jason
Hi Jason,
Applied for my asylum about six months ago and I’m still looking forward to my interview date. But I have also been dating this girl whose a US citizen and we want to get marry. Is it possible for us to put a hold on my asylum case so that she can file for me? How’s that going to affect my asylum case?
Thanks
Kargay
Assuming you are eligible to get your green card based on marriage, the way we do such cases is to keep your asylum case pending, apply for the green card based on the marriage, and once you have the green card, you inform the asylum office and close the case. There is generally no problem to pursue the GC and asylum at the same time. Take care, Jason
Thanks Jason!
You’re awesome!
Hi Jason,
Thank you for your great help in answering questions related to Asylum application and processes. Could you please let me know how I should apply to be considered in short listed interviews in Chicago Asylum. I have contacted through the address provided on the right, but didn’t receive any supportive answer for the process and requirements.
For your information, my asylum application has been processed by me. Look forward to hear from you.
Thanks,
Durani
I do not know the rules for the Chicago office. In our office, we send an email asking to be placed on the short list. If you cannot contact the office by email or phone, you can go in-person (if you are close enough). Otherwise, maybe try contacting a non-profit organization in Chicago that does asylum cases (like Catholic Charities). Maybe they can advise you about how to get on the short list. Take care, Jason
Hello Mr. Jason
I am currently on pending, I applied only in 2014. I see that I have a long wait ahead. I have my EAD card, I am just waiting for my call for interview. My question is due to my my past I couldn’t go to school & I see that its important to have school. Could it be possible for me to go to school here, while I am on a pending case? Thank you for your time.
If you have the EAD and can afford to pay for it (or get a scholarship), you can go to school in the US (but if you are talking about high school, you may be able to do that without paying). You have to talk to the schools you are interested in, and they will tell you what to do. Take care, Jason
Hello Jason I have applied for asylum in 2013 did my interview in August 2015 got a recommended letter from them in May 17, 2016. And it says in there that my application has been sent to FBI investigation and background check. I have been waiting for about 4 months now. Is very frustrating and depression, it has been a very long journey for me the thing that’s making me more frustrating is that there’s this guy I met through friends and have been talking to him for about 2 years now I’m 25years old woman. I want to go out of country meet up with him and spend some time with him. His a very sweet guy and I think his a right person for me. Is there anything I can do so that I can meet up with this guy.? I need help please he has been patient for about two years now I’m getting old and I need to get married. Thanks for your time
You can probably travel and return to the US using Advance Parole (form I-131, available at http://www.uscis.gov). You cannot use that to go to your home country – that could cause your asylum case to be denied. Hopefully, the recommended approval will be finalized soon – typically it only take a few months, but that is not always predictable, and it could take a lot longer. You might want to contact the Asylum Office about the delay, and also the USCIS Ombudsman (a link is at right). Good luck, Jason
Helo sir i applied asylum after 22 months my family back in my country i already include my family in my asylum case but my question is my son is 22 years old if my case was proved then he come to here ? He is already apply in my asylum case and now his age is 22 years old my family is in danger..
I am not sure I understand your question. If you filed for asylum and your son was under 21 years old at the time you filed, and if you win your case, your son can get his asylum as your dependent even if he turned 21 (or older) at the time the case was granted. This is the Child Status Protection Act, and it protect children who turn 21 while an asylum case is pending. Take care, Jason
Hi Jason. Thanks you very much for your help. I am about to file for asylum, based on the schedule bulletin i should be getting an interview probably 2019. I have hiv , unable to afford medication, will that be a valid basis to request for an expedited interview?
Thank you you
Hi,
Sorry to hear that, but unfortunately it’s not likely to get your case expedited due to your HIV status. In order to qualify for that you must have a medical emergency or severe condition.
Also you could get free HIV therapy regardless of your immigration status and health insurance.
Take care,
I disagree – I think HIV status can be a basis to expedite the case. Whether it will work or not, we do not know, but in my opinion, it is worth a try. Take care, Jason
Tom. I appreciate your concern. No information is useless. Thank you. Meanwhile you could please advise me on how to go about getting free HIV therapy. When you say free Hiv therapy, does it include free medication? Thank you
The expedite process is not very predictable, but that seems like a good reason to expedite, and hopefully it will work. Take care, Jason
Jason I wish you strength, to continue in your good work, trust me your replies put a smile on faces. Meanwhile I will discuss my status with my lawyer. I almost did not want to include my status for fear that the asylum officer might see me as a burden to the united state.
Thank You
In my office, we have done cases where the person was HIV positive and that is the basis for the asylum claim. I do think it is relevant to your claim, and we have not seen negative responses from the asylum office about HIV positive status. Good luck with the case, Jason
Hey Jason:
I am HIV positive too,And I’m waiting for political asylum.How do I need to ask for an interview? I already have a doctor’s diagnosis.My political asylum in Los angeles.Can I send an e-mail to the office to speed up the interview? And provide me a diagnostic book in the attachment. How to express more good in the mail? I still dare not tell my lawyer, I am afraid of being discriminated against, I would like to speed up the interview by myself , thank you
You have to tell the lawyer so he/she is prepared for an interview. It is not a good idea to do this yourself. If you do not trust your lawyer in this matter, you need a new lawyer. As for speeding it up, we typically submit a letter in person with evidence of the reason we need to expedite. However, I do not know if there is a different procedure in LA. You have to contact the office to ask them. You can find their contact info if you follow the link at right called Asylum Office Scheduling Bulletin. Take care, Jason
I have a valid visa but my admitted stay from customs at the border is expired and I wish to apply for parole to go to kenya. Will i b granted reentry on my return from kenya? I hear even with parole you may be barred from reentry into the US . Also when can I apply for parole? Do I have to do biometrics first?
After you apply for asylum and have the receipt, you can apply for Advance Parole in order to travel and return to the US (form I-131, available at http://www.uscis.gov). This does not work if you have a case in Immigration Court, or if you have criminal convictions, but otherwise, it should be alright. If you have issues and are not sure, talk to a lawyer before you travel. Take care, Jason
hello Jason, i have been waiting for my assylum interview for close to two years now to no avail.
please what are the various procedures to apply for a short list and /or an expecdition ? how do i go ablout it ?
Also, my wife was arrested twice back in my country ever since i ran away. she is in big trouble and i advised her to hide herself far in a remote village.
please what can i do to get her here ?
i have che cked on the possibility that even if i am interviewed, it might take a very long time to get my decision.
please will appreciate your advise
You can ask to expedite the case – my local asylum office (Virginia) has a form for that, but other offices may do it differently. You can contact the local office or go in person – info about officer hours and email addresses can be found if you follow the link at right called Asylum Office Locator. Also, you should give them evidence about her troubles, like a letter from her, any arrest documents, letters form others who know of her problems. Lastly, even if you are granted asylum soon, it will normally take 4 to 8 months to bring her to the US, so you should plan accordingly. Good luck, Jason
I’m waiting for my asylum interview since Novamber 2015 and my husband is working in UAE and he couldn’t see the kids for almost one year now. Can he come to see them and return back or they will not allow him to enter USA unless my case accepted
Is there any way to let him visit me and his daughters ??
He can apply for a visa to the US, though for most visas, it is more difficult to get them if your spouse has filed for asylum. You and the children could apply for Advance Parole (using form I-131, available at http://www.uscis.gov) and go visit him in a third country (not the country where you fear harm). Of course, if your case is approved, you can petition for him to come to the US. Take care, Jason
Hi mr jason i have a question my asylum case is pending since 2015.so i recently got married with non us citizen.she came here USA with tourist visa and now she went back to her home country.so she is planing to apply for student visa to come USA.so is it gd idea to apply for student visa as my spouse?coz i came here as a student and i changed my immigration intention by applying asylum and now as my spouse if she apply so is there any chance to get her student visa get denied and also after that are they going to revoke her visitor visa?i am confused.so plz need ur advise.thanks
She will need to tell them that she is married to you and that you are in the US (otherwise, when they eventually find out, it will create big problems for her). If she does that, it is likely that her student visa application will be denied. If her B visa is still valid, she may be better off returning here with the B visa, and then changing status to an F visa while she is here (using form I-539, available at http://www.uscis.gov). Good luck, Jason
Dear Jason,
I am Syrian, applied for asylum in July 2013 and got my interview after waiting 20 months which was placed in May 2015 (Arlington office), it was tough interview for more than 3 hours. Since that time till now I have been contacting asylum office almost every month and each time I was told that my case still pending, I know these things might take time but is it usual to wait more than 15 months for just a decision. After couple weeks I will send my application to renew my EAC (4th one). Would you recommend anything other than trying to contact asylum office or call USCIS.
Thanks in advance.
There is not much else to do. You can try the Ombudsman, as the article suggest, but unfortunately, cases from many Middle Eastern countries are taking a long time. Good luck, Jason
If my decision still pending would you recommend getting advance parol to go and see my family in canada or you prefer just waiting until get my final decision then apply for advance parol.
Many thanks
Either way is fine, though these decisions sometimes take many months, so you might want to get AP now. By the way, if you win, you do not need AP, you can get a refugee travel document, which is better. Take care, Jason
Hi Jason,
My mother applied for asylum in July 2014 for her and my underage little brothers.She’s been waiting for an interview since. Now she doesn’t feel good and need to see a doctor, she is not working and can not afford medical treatment. She applied for medicaid benefits, they denied her case because she is not a citizen. What can she do to obtain medical treatment as an asylum applicant? Also,her application receipt is no longer readable, can she ask for another copy,if yes where?we live in Miami Fl.
Thanks
If she needs a new receipt, she should ask the local asylum office. She can also file a Freedom of Information Act request using form G-639, available at http://www.uscis.gov, to get a copy of her whole file, including the receipt. As for medical treatment, I do not know about that. I suggest you contact the local Catholic Charities office (all true big cities have them). They may be able to advise her about free or low cost medical care. Take care, Jason
Hello,
I’d like to ask about the homosexual cases, if they take time as long as the other asylum cases?
Syrian citizens *
Thanks for your time
In terms of time, they are the same as any other type of case. Take care, Jason
Hi there
I applied for asylum 2 weeks ago, I want to know what will happen to my visit visa after receiving the first receipt
I am planing to study and get my GED and they asked me to present the case receipt to prove my residency status in the states.
Will I be able to to do the GED with it or no.
Thank you
I do not know – Nothing will happen to your visa. You are usually allowed to stay in the US for 6 months with a tourist visa, but I do not know whether that would allow you to attend a GED program. I suppose if the program accepts you, you can attend. It should not adversely affect your asylum case. Take care, Jason
Helo sir i have a question i applied asylum in oct 2014 in newyork i still wating my interview.. and i have no green card can i want to buy a grocery store in usa on my name can i buy a store ? But i have no green card..
My guess is that you can, but I really do not know. If you have your work permit, that should allow you to work or own a business. Even without the permit, I have seen people with a business license and a tax ID number buy a business and earn a living (though this is not legal employment, it does not affect your asylum case). Probably you want to talk to a lawyer who knows about buying businesses to be sure. Take care, Jason
Hi Jason,
I would like to hear your opinion about our case. My wife is the asylum applicant who has claimed a case in 2014. In January 2015 we had an interview, it was kinda tough, the officer was asking her and me one by one and shifted us a few times. Overall it took them 4 hours to interview us. We already got a SSNs and 2nd time work permit (since the first one already expired). But we don’t have a decision yet. However, about 3 month ago my wife was invited for fingerprints, it’s a second time she does it, since the first one was before interview back in 2014. But on that time both of us was invited and this time just her. Do you think it is normal to wait a decision that long? Why just my wife was invited for fingerprints? Is any way to know the case status?(all my requests to the USCIS was answered that the case is in this office and they will notify us for any changes) Also, by checking the status online by using ZCHxxxxxx number always giving an error that number is incorrect.
Thank you for any suggestions in advance!
You cannot check the status of an asylum case on-line. Your situation is very frustrating, but it is not really all that unique. I do not think there is much meaning in the fact that she was scheduled for biometrics, and you weren’t. It could mean a decision is coming, but often times, it does not mean that. You can contact the local asylum office directly to ask about your case (contact info can be found if you follow the link at right called Asylum Office Locator). Also, you can contact the USCIS Ombudsman (a link is at right), and maybe they can provide some insight about the status of the case. Good luck, Jason
Jason,
Thank you so much for taking a time and sharing your thoughts.
Hi Jason,
I have applied for Asylum since November 2014, after 2 weeks My husband and I went to the interview in Chicago. In 2016, we got our SSN cards without the DHS legend on it!. Therefore, we went to USGS office and asked about our status. we have been told that my status is under category A05 as a granted asylee and my husband as a dependent granted asylee. We ask if we, now, are eligible to apply for green card, the officer said you need a notification letter, sent by the USCI office, that show the date you granted the asylum. My lawyer sent a request asking for this letter. In 06/13/2016, we got an I797 request for fingerprints again since our last fingerprints in 2014 was expired. Since then, we are waiting for this notification letter which confirms the Asylum approval but nothing received yet.
My question is, do you have any idea how to get this notification letter, other than mail, from the USCIS office?
You can contact the local office, explain what happened, and ask them. I caution you that just because your case is listed under A05 in the system, it may be that there is an error and it is not approved – we have seen some weird things with that computer system. Nevertheless, it could very well be approved, so contact the local office. If that does not work, you can also try the USIC Ombudsman (a link is at right) and/or file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of your file, which will hopefully have a copy of the approval notice in it. Good luck, Jason
Thank you for the reply.
You think there may be an error, even after receiving SSN card without the DHS legend on?
Probably there is not an error, but it is best to keep expectations in check, just in case. Hopefully, you have been granted but not yet notified. If you bug the asylum office a bit, maybe they will let you know.
Since I went to the local office in Detroit in June and they just told me about my category, I am thinking to go to the asylum office in Chicago (where we were interviewed) to ask them about my case. Do you think we need an appointment to go there or they can meet us depending on how they busy are? If so, how to schedule an appointment?
Sorry for my many questions, but I really need to remind them about my asylum case that filed in the Jurassic period!
I do not know – they may only see people on certain days/times. Check the website, which can find if you follow the link at right called Asylum Office Locator.
Hi Jazon,
Hope you are doing well
I kindly have got two questions:
1. I have sent my I-589 form, affidavit and other basic requirements but at that time I could not send some supplementary documents such as some evidence, pictures and etc.. How can I attach them to my case now after I got them? Should they be sent to the Asylum office OR USCIS office in Nebraska?
2. Regarding the Acknowledgement of receipt letter, does it issue and send by Chicago asylum office? or Nebraska USCIS office? If the state under these two offices
Appreciate your kind help
1 -Supplemental evidence should be submitted to the local office prior to the interview. In my local office, we must submit it at least one week before the interview, but the rules may vary depending on your office. 2 – I think the local office sends the receipt, but I am not sure about that. Take care, Jason
hi I have a question. I applied for asylum alone without a lawyer. can i still get one after that? Can he/she be able to change anything if needed?
You can get a lawyer at any time. It is possible to make changes to the form or the case, but if the changes are very big, you may need to explain why you did not correctly prepare the case when you sent it. Generally, though, this is not a problem, especially where you prepared the form yourself and maybe you did not understand the requirements. Take care, Jason
i applied for asylum since 2013 and im still waiting for the interview until now what can i do to get the interview faster is there any way to do that and how can i see when is gunna be may interview thank you
You can put your name on the short list, or ask to expedite your case, as discussed in the article above. Take care, Jason
Hi Jason
I applied for asylum cases since December 2015 and I’m still waiting for the interview what is the best way I can do to get the interview faster is there a way I’m been waiting almost 3 years now
Thank you
Everything is delayed – you can check the Asylum Office Scheduling Bulletin about that (a link is at right). You can ask that your case be expedited or – if your asylum office has one – ask to be put on the short list. I believe I wrote about both those ideas in the above post. Take care, Jason
Dear Jason Dzubow,
This is Waqar from Virginia and I filed my asylum case in April, 2016 with my family. My Father who is 76 and younger brother who is 40 years and physically and mentally disabled by birth. Both filed their cases individually. I am legal guardian of my younger brother and have legal guardianship certificate from my home country. I have also Doctors certificate (US Doctors)regarding his permanent physically and mentally disability. Its almost now 5 months, we filed the cases.
I wish to request USCIS to expedite our cases due to permanent disability of my younger brother as he needs medical assistance on regular basis. Do you think this would to expedite the case???
Maybe – You can present that evidence to the asylum office and they might agree to expedite. If your brother is unable to testify on his own behalf, someone else (probably you) would need to testify at his asylum interview. You may want to talk to a lawyer about this situation, as it can present difficulties. Take care, Jason
Dear Mr Jason,
Hope this message finds you well and thanks for your kind advise.
I got my acknowledgement of receipt a week ago and waiting for finger print appointment. How long does it take until I receive the fingerprint appointment?
Another question, I want to change my location, moving to another state which is also under Chicago asylum office.
What should I do?
and Where am I going to apply for my work card and social security after the 150 days, in my OLD State or the NEW State?
Your reply is highly appreciated
Kind Regards
You should get the fingerprint appointment in the next few weeks. If you move, you must change addresses with the asylum office (form AR-11, available at http://www.sucks.gov). You can check to make sure that your case does not move to a new asylum office at the website Asylum Office Locator (a link is at right). As long as it does not move to a new office, you should have no problem. Apply for the card at your new address. Take care, Jason
Hello Jason, I really appreciate for your help. I and my wife applied a asylum case in July 2012, we have got several interview schedules but three of them reschedule for same more evidence but our lawyer told us that the evidence they need was not right, because we provided all documents they needed and the last time they cancelled before one day the trail when we arrived at state after long trip with 2 children, after that they told us our judge retired, and to get new judge after a wile. We decided to change our case to the state we live, Q1. is there any help like this case,. Q2.how we know see the Asylum Office Scheduling Bulletin in Minnesota?. Thank you very much.
Unfortunately, your story is pretty common. It sounds like your case is in court, which means that the Asylum Office Scheduling Bulletin does not apply to you. Judges are often retiring and cases are frequently rescheduled. You (or your lawyer) can ask the new Judge for an expedited hearing date. We do that sometimes, and it can work, depending on the Judge. Good luck, Jason
Dear Jason , I will type one clear , quick and very important question , we will appreciate your answer .
Q- topic : URGENT APPOINTMENT SCHEDULING REQUEST
I will aplly for assylum in 15 days . Right after I would like to apply for urgent appointment request . What excuses should I present for mu request ? What are the common reason of those accepted requests ?
The most effective reason is that you have a spouse or child in your home country (or a third country) with a health problem or other problem. You need to provide evidence about that problem, like a letter from the doctor. Also, if you have a health problem, you can try to use that as a basis to expedite. Take care, Jason
Good day Jason I submitted asylum case since Jan 2015 and still waiting for interview and I sent many times inquiry about my case they Answered me to wait for interview is there any thing I can do it in order to push the processing to get interview with me and family and any things we need to apply to get benefits from this waiting time and my kids they don’t have any current ID just expired passports. Regards Ali
Everyone is facing long delays – see the Asylum Office Scheduling Bulletin (a link is at right). I know of no way to get benefits during the wait, but maybe you can inquire with the different state agencies or Catholic Charities (which helps everyone). If you have some type of emergency, you can ask for an expedited interview – contact your local asylum office about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Helo sir
I have a question how many processing time for the decision..
I do not understand the question – After the interview, some people get a decision in a few weeks; others wait many months or years. Take care, Jason
Hello Jason.. I had my asylum interview 3 months and half go, but still haven’t heard from them.. is there you recommend I can do ? they say over their website if there is a delay for security check they still send you a letter of recommended approval if they approve your case..but I haven’t heard anything from them neither approval or denial .. is this normal ? is there an average for waiting for the the answer ? thank you .
We have over 35 clients who have waited more than 100 days since the interview, so in my experience, post-interview delays are normal, especially for people from Muslim countries. You can contact the asylum office to inquire – that is a good first step. Good luck, Jason
Dear sir
I want to ask, when asylum office send
The information about interview data to give
Interview…. Who is going to interview…give
How much time for preparing to
Interview data Please sir give me ideas
I apply asylum in August 2014 from VA
So …….
Thank you
I am not sure I understand your question, but generally, the asylum office tells you about 3 weeks before the interview. Whoever is part of the asylum case (applicant and dependents) should go to the interview, plus the interpreter and the lawyer, if you have one. Take care, Jason
i have question what its gone happen if there is no Decision after 150 days its that mean Guarantee for a work permit or not
After 150 days, you can apply for the work permit. With some exceptions, most everyone is eligible for it. It takes another few months to actually get the card. Take care, Jason
Hi. Apparently, just today my Green Card approved which was through EB1. However, my bf has a J1 visa 2 years back home and also he has asylum case which is still pending waiting for interview. I wonder if I marry him, he can get green card through me! Can he use asylum case to waive his 2 years back home and then apply for green card through me when we got married!
You will need to talk to a lawyer about that. If a person wins asylum, the 2-year home residency requirement goes away, but I do not think that happens just by filing for asylum. Also, you cannot sponsor him for a green card unless you are legally married, and then there is a waiting period. At the end of the waiting period, he will most likely need to leave the US and return to get the green car, plus he will need the J-1 waiver. In other words, this is not an easy case and you need a lawyer. Another option is to have him complete the asylum case – if he wins, it solves these problems. If he loses, you will have to deal with the problems at that time (but made worse by the fact that he will probably be in immigration court). Take care, Jason
Hi Jason, My bf has applied for asylum case in July 2015. However, he hasn’t received interview yet! He has an attorney. The attorney told him this delay its because his address is changed once when he applied. Because he changed his state. Now, we want to get married in US because I am working here and I have H1B visa. His attorney warned him not to register his marriage because another delay may happen. Since we don’t really know when his case will be interviewed, what is your suggestion. Can I still marry him and he ask for changing his status. Does really changing status influence negatively on his case? I don’t want to be on his application. I have my own visa and I don’t need he supports me. I can’t really wait more because it is very uncertain when he will really get his interview?
I am not sure the attorney is giving him correct advice. First, all cases are delayed, regardless of whether the applicant moves (see the Asylum Office Scheduling Bulletin – a link is at right). If the move did not cause your BF to change asylum offices, it would not cause any delay, and even if he did change asylum offices, it is not supposed to cause delay (according to USCIS). Second, marriage will generally not cause a delay in the case either (unless the spouse’s security background check becomes a problem). If you are married to him, and he wins asylum, you also can get asylum – even if you are from a different country. Whether he can get an H4 visa based on your H1b, I do not know. This may require him to leave the US and re-enter, which may or may not be possible. If you plan to do this, you should talk to a lawyer who can go over the specifics of your case. And based on what you said, maybe you would be better off talking to a lawyer other than the one your BF is using for his case. Take care, Jason
Hello Jason, I applied for asylum in October 2014 from Seattle. San Francisco is currently interviewing people from July 2014. Do you know if it takes longer to the local office to interview? is the asylum bulletin applicable to local asylum offices too? Thank you.
I do not know, as that info is not published, but generally, USCIS will tell you that the sub-offices (like Seattle) are slower than the main offices (like SF). Take care, Jason
Dear Mr Jazon,
Hope this message finds you well and thank you for your kind help.
I have filed for Asylum in May,18 but did not received receipt or any feedback from Immigration department. Late in July on the 22nd I have refiled again as I haven’t received anything. My visit visa will expire after 16 days from today and maybe will not receive the receipt by that time so is there any problem in expiring while you haven’t received your receipt and will I be arrested by immigration department or police because I haven’t left the country on the date of expire but I have proof of asylum form and copy of USPS tracking number.
your advise is highly appreciated
Kind Regards
I doubt anyone will arrest you, but you should have the receipt by now. There are two things you can do: (1) Contact the local asylum office or – better – go in person, tell them what happened, and ask whether they can help (contact info can be found if you follow the link at right called asylum office locator); and (2) File a Freedom of Information Act request to get a copy of your file, which hopefully exists and contains a filing receipt and fingerprint appointment notice. You can do that using form G-639, available at http://www.uscis.gov. Good luck, Jason
What is the best way to contact your local senator/congressman?
I see that they have email/comment boxes on the website where you can simply email them, but is that the how you should contact them about your immigration/asylum case?
You should call them and ask for the staff member who assists with immigration. Take care, Jason
I have been waiting for a decision on my asylum case since October 2013. I think it’s time for me to contact the ombudsman office. Are there any negative consequences to this?
There are no negative consequences, and you should, though I do not know whether they will help you or not. Unfortunately, many cases seem stuck for long periods of time. Do try them, and hopefully they can help. Take care,Jason
Thanks Jason. I submitted my application on ombudsman website yesterday and attached all necessary docs. They ask for 45 business days to respond back, which is fine. I will come back with updates!
Thanks.
Good luck, Jason
Hello Jason,
Today the ombudsman office sent me the following response:
“The Ombudsman’s Office has determined that USCIS recently issued correspondence in connection with the application referenced in your request for case assistance. Because USCIS has taken action, our office will be closing this matter. ”
What does this indicate? I have not received any response from USCIS, except for a generic response to my inquiry 2 months ago that said “case is pending necessary background check”.
I sent the ombudsman office an email asking them what correspondence were they referring to and if they knew when exactly it was sent to me because I haven’t received any notice of action/correspondence.
UNLESS it’s something they mailed out this week and I just haven’t received it yet. What do you think about this situation?
Thanks!
Maya
Wait a few weeks and see – sometimes, a document was “mailed” internally, but does not actually get mailed to you for a few weeks. Hopefully, it is something positive. Good luck, Jason
Thank you Jason. Appreciated.Take care
Greetings Jason. Hope you are doing well. I have a question for you if you don’t mind:
How can i place myself on a short list? Is there a form i need to submit? Your guidance would be appreciated. Thank you very much.
Typically, you can email the asylum office and ask to be on the short list. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
They never replied to my emails. Do they ever respond to email inquiries at all?
You mean the asylum office never replies? That is true, but sometimes they do reply. I suppose you can try going in person. Take care, Jason
mr jason , thank you alot for you help always, my problem is pretty short, i filled my asylum case in august 2015 and two months ago my father diagnosed with end stage gastric cancer , he has 5 to 8 months prognosis t be alive , hes taking hes treatment at a third country , the the one that i came from , what i could to see him before he pass away , is there anyway to proceed and ask for early interview
You can give the asylum office evidence of his illness and ask for an early interview, but this will still probably take months. You can also file for Advance Parole (form I-131, available at http://www.uscis.gov) and try to expedite that so you can visit him and return while your asylum case is pending. I do not know if there are any issues in your case that would cause problems for you to leave and return, so you might want to consult an attorney about that, but if it work, Advance Parole is probably the fastest way to go to visit him. Good luck, Jason
Andy Abdelah, as far as I know, going back to your home country (the place you fear persecution in) will cancel your asylum application.
You can apply for advance parole and visit your dad outside your country- a neighboring country maybe?
Hello sir I have a question?my asylum case is pending since 2015.r8 now I have ead based on my pending asylum.I’m planing to get married here in USA.but my fiance is non citizen.so if i add her name in my appliaction when she will be able to apply for ead?is it will be like 180 days or she can apply it foe immediate.thanks
You can add her to your case as a dependent and she should be able to get the EAD without waiting for 180 days. Contact the local asylum office for instructions on adding her to your case (you can find the office contact info if you follow the link at right called Asylum Office Locator). Take care, Jason
Hello
Jason sir
Thank you for your help . I want to ask , my sister
Apply asylum case and she can’t get interview date
She apply in August 2014 from Maryland,how long
She will wait for interview please sir give me some
Ideas, she have not lawyer also so she don’t know
About what to do , please please give me some idea
Sir ……..
Thank you
No one knows how long she will wait. Her asylum office in Arlington, VA, and so she can check the Asylum Office Scheduling Bulletin (a link is at right) to know who is being interviewed now (currently, it is people who filed their application in January 2014). Depending how fast the office is moving, she may have an interview in the next few months, or it may take a year or more. Keep checking the Scheduling Bulletin and you will know if her date is getting closer. Take care, Jason
I have applied for my asylum case and got my fingerprints done..after 5 months I had gone to the lawyer to apply for my work permit..when I saw the papers he submitted to file the case,he just wrote 2 line statement to justify my case instead he would have helped me out in writing the story and then he would have applied for the case based on the whole story not just in two lines..I asked him about this so he told me that we will submit the story with the proofs at the time of interview and he will not accompany me at the time of interview..so what should I do?? Should I change my lawyer?
We only submit a short explanation about the case in the beginning. Later (before the interview), we submit the affidavit and the evidence. There is normally no problem with that. You should check the contract to see whether it includes the lawyer attending the interview (if you do not have a written contract with the lawyer, that is a separate problem). Most good lawyer go with the client to the interview, though you have to pay for that. if you think he is not doing a good job for you, of course you can change lawyers. Take care, Jason