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, first of all it’s a resourceful article.
I have couple of questions
First, it’s been 10 months since I got my EAD and SSN. I wanted to know if I should hire an attorney or should I wait until I hear the interview date notice from USCIS?
Going through blog, I am thinking of Expediting my cases (considering my current medical history) if I want really want to hire an attorney.
Please Suggest!
The attorney does three things for you: prepare the case, practice with you before the interview, and attend the interview. The last (attending the interview) is the least important since the attorney’s role at the interview is small. If you want the lawyer to review the case and help you with documents, maybe you want to hire someone sooner. If you hire a lawyer once the interview is scheduled, you will only have a few weeks to find a lawyer you like, practice, and attend the interview. You may be better off “shopping around” for a lawyer you like while you are not under time pressure. Take care, Jason
Dear Sir,
I have a question about the shortlist and how to apply for it.
I live under the jurisdiction of the Houston asylum office, so can you please refer me to the exact steps of how to get my case into the shortlist.
thank you for your help in advance.
You would have to contact the local asylum office and ask them about how to apply for the short list. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi!
Am a pilot and have some issues. I applied in April this year and got my EAD about 10 days ago! With that I cannot get a job as most companies cannot hire me because I cannot live the country my current EAD! Am in Florida and am still waiting for my interview as well!
Second my sister who was still back home just got killed and my son is now alone and in some kind of danger because am seeking a political refugee status!
What can I do to expedite my case and what can I do to get a job as am restricted to work only in the USA?
What can I do to solve this problem plz?
The EAD allows you to work any where that will hire you, so there are many places you can work, but it sounds like working in your profession is difficult. There is probably not much you can do about that, and you may not even get such a job with a green card, as certain jobs require US citizenship (but those are limited, as there are anti-discrimination provisions). If you submit evidence of your sister’s death and your son’s situation, you can ask the Asylum Office to expedite the case. This does not always work, but it sounds like you have a good reason to expedite. You might do well to get help from a lawyer for all this. Good luck, Jason
Dear Jason,
Thank you for your continuous help in clarification of asylum seeker’s questions. I have question about the impression of election on asylum seekers, as there are number of questions on going regarding immigrants. How much impacts the new government might have on Asylum seekers and what is your thought on this. Also if you could let us know if the government will decide about asylum seekers, will the process of taking decision on the cases will be boosted up or it will remain the same as two, three years on average makes life so hard specially for people with family members back in their countries.
Look forward to hear from you and thanks in advance.
Regards,
Durani
I do not know the answer to these questions. I did a blog post discussing such issues on November 9, 2016, and I plan another one for tomorrow or Wednesday. Maybe check those. Take care, Jason
Hello and Thank you in advance for the answer. Let’s say a person applied for a political asylum, had an interview, was told to appear in the court in 2019. Now the employer is ready to do sponsorship for a green card. Is it possible ? What are alternative ways to get permanent residence ? Is it possible to start another case with immigration office if political asylum case is pending?
It is possible, but it probably requires the person to leave the US and get the green card at the embassy. This may or may not work. A common way to resolve the case is to get a green card based on marriage (or maybe some other family relationship). You should talk to a lawyer about te specifics of your case to get an idea. Take care, Jason
HI JASON
I filled my asylum in October 2016,and it was delivered the 19th of October.Is one month now and I still didn’t receive my receipt notice that they receive my application. And is a correct address and my asylum fill is complete. Because my lawyer filled it for me. Can you please help me why is I haven’t receive it yet.
Thanks
You should get it soon. If not, you can contact the local asylum office and ask them about it. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you very much for all the information that you provide. I have question. I have missed one year deadline on filing the asylum application. Will my application denied right away after I submit it or will be able to get an interview?
Thanks in advance
You will get to the interview and it could be denied there due to the one-year rule. However, I highly recommend that you talk to a lawyer about this – there are exceptions to the one-year bar, and maybe you qualify for one of them. This is crucial to the case, so it is worthwhile to talk to a lawyer. Take care, Jason
Hi Jason,
My asylum case is frozen now upon my request. What are implications of this decision? Will authorities deport me and my family? I live with my wife and my son, who was born in USA.
Thank you very much.
BB
Maybe you are referring to prosecutorial discretion or admin closure in immigration court. If so, we will have to see what the DHS will do with these cases, but even if they try to deport you, you still have the right to various defenses, such as asylum, in order to try to stay here. Take care, Jason
Hi Jason,
My father has cancer and is back in my home country. I’d like to expedite my pending asylum case and after that, visit him in third party country. Is it ok if I ask Asylum office to expedite for that reason? Is there any better option in this case? Thank you!
You can ask, but I do not know whether they would expedite for this reason. Anyway, you can try. Another option is to file for Advance Parole, using form I-131, available at http://www.uscis.gov, and then go visit him in a third country. You have to look at the instructions re: Advance Parole to make sure you are eligible. Take care, Jason
I have had an affirmative asylum interview one month ago. At the end of the interview I was told to come back in two weeks and get the decision though couple days before the due date the Asylum Officer called me and said that they would mail the decision. I haven’t heard from the USCIS Office since then. I applied for political asylum based on social group (lgbt) and I also worked for law enforcement body. I have talked to my attorney and my attorney told me that we need to wait. Can you please explain what can possibly be the reason for the delay. And does this delay mean I will be given negative decision i.e. I will be sent to withholding or removal proceedings?
I have had an affirmative asylum interview one month ago. At the end of the interview I was told to come back in two weeks and get the decision though couple days before the due date the Asylum Officer called me and said that they would mail the decision. I haven’t heard from the USCIS Office since then. I applied for political asylum based on social group (lgbt) and I also worked for law enforcement body. I have talked to my attorney and my attorney told me that we need to wait. Can you please explain what can possibly be the reason for the delay. And does this delay mean I will be given negative decision i.e. I will be sent to withholding or removal proceedings?
This is a very common story. I would guess that more than 50% of the time, when they tell you to come back in 2 weeks, they change it to a mail-out decision. Usually, the reason is because the security background check is not done, but there might be other reasons (supervisor review, headquarters review, asylum officer is on vacation, etc., etc.). If you do not hear anything in a month or two, you can contact the office to follow up. In general, though, this is not a bad sign for your case, it is very normal. Take care, Jason
Hi Jason,
Thanks for all the good job providing useful information here.
I was successful in having my asylum case expedited due to medical and other grounds. I did the interview three weeks ago in Omaha field office but was informed that I will receive the result or instruction by mail which I eagerly await. The time frame for the result was not given as the officer said it was unpredictable. I have seen on your blog comments and else where that results take a varied amount of time to be received and that many factors may be responsible for a delayed result including field office interview. My question is;
Case interview was expedited, could the decision be made fast in consideration of the same reasons for expediting?
Do you know of OR have any experience with expedited interviews ending up with delayed decisions?
I know its just three weeks since the interview but am anxious!
We have not found a way to expedite the decision. I suppose you can ask them, but they do not really have control over that. Most expedited cases get decision pretty quickly, but we do have at least one that is delayed. Hopefully, you will get a decision soon. Take care, Jason
Hi Jason,
My girlfriend is an asylum seeker in the US, she has a temporary work permit and a social security card and is now waiting for her interview. My question is, is she eligible for payments options ? She’s supposed to have a tooth replaced and since the procedure is costly, can she be given a credit and pay every month until it’s been paid in full ? Is she eligible for that ?
Second question, can she marry someone (me) who is not a citizen so that they can included on the asylum ? I don’t plan on living in the US after the marriage. I just want to make sure we can marry and not affect her asylum. She’s in FL if that can help.
I have no idea about the first question, it is up to the dentist. If she marries you, you can be added to the asylum case. However, if you do not plan to live in the US, it may raise questions like, why are you getting married, and why can’t she live in your country. If you plan to get married, she might want to talk to a lawyer first to understand how it could affect her case. Take care, Jason
Hi Jason
I appyed for asylym december 2013,interview was november 2016 ,how long do you think that will tale for decition letter considering that i was in hold since 2013.Officer told me that ill revice decition at home mail
There is no way to predict that, but just because you waiting a long time before the interview does not mean you will get a quick decision after the interview. Hopefully, you will, but until you have the decision in your hands, you need to remain patient. Good luck, Jason
Hi !
I’m an asylum seeker and I went to home office in 2014, I had all the screening interviews and the last one was around 2-3 hours!
I have been attending college for 2 years and 100% attendance!
Since 2014 I never heard from home office and my solicitor doesn’t seem having any news!
Today my solicitor said that I was meant to go in a home office report on 4th of November which was couple of days ago , this wasn’t my fault as I didn’t receive any letters or email from home office or solicitor!
Waiting such a long term with no answer is it a good news or bad news ?
Will they keep me in the report centre when I go to sign or will be a normal process?
Thank you !
It seems you are talking about the British system. I am in the US and I do not know about the laws of other countries. Take care, Jason
Hello Jason
I filed the political asylum in 2013. At that time i was in f1 status. I already had my interview and after three years i got the Referral Notice. I need to appear in the court now.
Since 2014, After Graduate i haven’t attend to college. Now i am really scared if they denied my case in Court.
I was in status when i filed my case. Someone told me if i had filed the asylum when i was in F1 status but if my case get rejected now, since i am not in the status now, i can go back to my previous F1 status. Is it true?
Can you suggest what should i do in this situation. Is there any options for me if my case get reject.
I really appreciate the help you are doing for every one.
Thank you
I highly doubt that you can get back into F-1 status. You can try – sometimes, it is possible to re-instate the status, but that is usually only when status ended due to some mental/physical health problem. Talk to your school about that. As for what else you can do, I do not know, as I do not know your case. Probably, if you marry a US citizen, you can get your status that way. Also, of course, you can win your asylum case. You can leave to a third country. If you fight your case and lose, you can appeal. You will need a lawyer to help with your case, and the lawyer should be able to explore all the options with you. Good luck, Jason
Hi,thank you for ur support
My question is can i short list my interview case even if i filed it on 2016?
Thanks.
Assuming your office has a short list, you can. Contact the asylum office to ask them – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
It’s been two and half years since I applied for asylum at San Francisco’s office. I’ve going back and forth trying to push for an interview. However, last time I was there( two months ago) I had the chance to speak to a supervisor who explained that my case is still under security check and as soon as the check is complete, we will schedule you for interview. My question is , will it help if I keep bugging them? Will there be another long security check after the interview as I hear people are waiting months if not years for final approval after being interviewed. Last question is, is it okay to apply for EAD renewal 4 months before the expiration date ?
You can renew the EAD 120 days before the expiration date. It may be that different offices operate differently regarding the security clearance, but I do not know. In our office, we have never seen a background check delay before the interview. It is always after the interview. Maybe in SF, they make sure the check is done before the interview, and then issue the decision soon after the interview. That does not make much sense to me, since information may be obtained at the interview that affects the security background check, but things that make no sense to me happen all the time. So the short answer is, I do not know. As for bugging them, we wonder about that too. But I think if you contact them every month or two, that is probably fine. I have pretty limited experience with the SF office, but my experience is that they are quite good, so hopefully you will get your interview soon. Also, you may want to also contact the USCIS Ombudsman (a link is at right), as they may be able to help with a delay like this. Take care, Jason
I will write to Ombudsman plus visit the office every month and see how it goes. Thank you so much Jason.
Hi Sir,
as an asylum applicant is there any kind of student aid that i can apply for? I might receive my EAD within a month or two but i want to apply for a 4 year university in fall 2017 do you think a university like Stanford or UC Berkeley would provide any sort of financial aid since i don’t qualify for CA dream act and FAFSA.
Thank you
I do not know, but there are scholarships out there for all sorts of applicants. Maybe you can find one for refugees or asylum seekers. The university student aid office should have a list of such scholarships, so that is probably a good place to start. Good luck, Jason
Thank you so much.
Hi dear jason
I have question ,and maybe is not related to this subject but ,any help please
I have U visa ,and on feb 2016 I submit evidance to vermont office fot permanet resident ,My lawyer told me this process takes couple of months to take respond ,but still my case is pending
What should I do now ? It is almost 10 months
I really appreciate
I do not know about U visas. You can make an inquiry with the USCIS Ombudsman – a link is at right. Maybe that would help. Take care, Jason
My Wife came to the USA in 2009 as a refugee, she applied with the USCIS the N-400 for naturalization on 2014 she passes the civic and the language test and she still waiting for over 2 years for he oath ceremony.
we have contacted the USCIS over the phone, online, and we made an info pass to check about the Case all we hear from them that waiting for background check.
what can she do since she has been waiting for them finishing the background check.
thanks
There are only a few things left to do. Contact the USCIS Ombudsman (a link is at right). If they cannot help, consider filing a mandamus lawsuit (discussed in the article above in the asylum context, but it can also be done in naturalization). Also, you can inquire with your Congressional representatives and see whether they can help. Take care, Jason
Hi Jazon,
Hope you are doing well,
I entered the United states on Sep/2014 as refugee through the International Organization of Migration (IOM) and for some reasons I went back to Iraq on December/2014 without informing the IOM. After that I came back to the US on December/2015 through IOM (international organization of migration) as well and got my transportation letter issued by DHS office of Rome, Italy and received the letter via US embassy in baghdad. So do I have the right to apply for green card after one year from my entry to the US and I have a refugee statue plus all the documents such as EAD, SS, etc? I’m asking this question because the officer in the airport who interviewed me told me you will not be able to apply to green card as you left the US and came again.
Thanks
I am not sure, but you should use a lawyer for this case. Returning to the home country can cause you to lose your status, and you need to be prepared to discuss that if you apply for the green card. This is a real possibility, as I have seen it happen to people. A lawyer can evaluate your case and determine whether you should apply for the GC, and if so, how to respond in case there is a problem. Take care, Jason
Hi jason
How are you i fill the form for asylum it was june
20 i didn’t receive letter please help me thanks
If you did not get a receipt and you mailed the case in June, something is wrong. Make sure you sent the case to the correct address. If so, you may want to contact your local asylum office to see whether they have a record of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. If they do not have a record of your case, you will need to re-file it, and explain that you sent it once before. Send it by certified mail and keep a copy of everything you mail them. Good luck, Jason
Hi Janson
would any negative things be happened, If i change my Address after ASylum granted to other state before apply for green card ?
for example
I moved to Texas after being granted ASylum in New Jersey before applying for green card.
It’s no problem, but you need to file a change of address form per the instructions on the form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi,
the USCIS sent me a letter requesting 2 photos and ID for the process of my EAD they also asked for the entire letter that they sent to be sent along with the evidence they asked for i sent everything they asked of me but i mistakenly didnt send them the first page where there was a bar code for the SRC but the page they requested to be placed on top had the SRC number along with the A number. my question is should i resent my respond to them with 2 pictures and a copy of an ID and the entire letter or wait for their respond because i still have till january 12, 2017.
thank you.
If you have the first page, maybe you should send it again with all the documents they requested. It may be that they will be able to match the documents you already sent with your case (sometimes the second page also has the bar code), but maybe not. You can also check your case on-line (www.usics.gov) or call them (the number is on the website) to see whether your response was received. Take care, Jason
Hello sir,
Its been a month long that i have submitted i-589 form to uscis office. Till now i have got no notice letter or anything else. Usually they send the notice within two weeks and that what i have heard from others.so could you help me out…
Sometimes it takes more than a month. But you should check to make sure you mailed it to the correct address. Hopefully, you sent it by certified mail so you can check with the post office that it was received. If you do not receive a receipt and you did send it to the correct address, you may need to re-file it. If so, include a cover letter explaining that you sent it previously but never heard from USCIS. You can also do a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of anything that was filed, but this takes several months, and you probably do not want to wait that long – especially if you are worried about missing the one-year filing deadline. Take care, Jason
Dear Jason,
Hope you’re doing well,
I have submitted i-589 form and received receipt and did my fingerprint. But USCIS has spelled my name wrongly or actually one letter is missing and in fingerprint people there told me you should try to correct it. so my question is how can I correct my name? my asylum office is Chicago asylum center and immigration department is Nebraska.
thank you
It is not that easy. When we have this problem, we contact the local asylum office and inform them, and ask them to correct it. You can find their contact info if you follow the link at right called Asylum Office Locator. I do recommend that you try to correct it now, as it could affect your application for the work permit, and the sooner it is resolved, the better. Take care, Jason
Hi Jason ,
dose application for short list cost money ? can i apply to short list by my self ? thanks in advance
It does not cost money, and you can apply yourself (though if you have a lawyer, you should at least tell the lawyer that you are applying). You can put your name on the short list by contacting your asylum office and asking to be put on the list. You can find the contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank u Jason for ur great support to the members.
I got interview notice from immigration for my asylum interview a month ago which was scheduled for the end of this month but two days ago I received a cancellation notice which says we must cancel ur interview.
Why they have cancelled my interview and when will I be able to receive another interview notice?
You should receive a new interview date in the next few weeks. If not, you can contact the asylum office to inquire. You can find the contact info if you follow the link at right called Asylum Office Locator. As to why it was cancelled, I do not know. It could be related to your case, but more likely, it is because an officer was out sick, or they had some other internal issue that caused them to cancel. Normally, it is not something to worry about. Take care, Jason
NAA, What office is it? Have the same situation.
Hi Jason, I’m still waiting for the call to the interview, I’m going to college and I applied for financial aid, is there any way that I can get financial aid in the meantime I am in the process of the asylum waiting for the interview? thank you
There is all sorts of financial aid. Your school should have an office that assists with that – maybe there is money available for people like you. You have to ask the school though. Good luck, Jason
Hi Jason
I want to know about my asylum case i applied in 2016 march and my biomatric is done after 20 days but my lawyer went to jail for some fraud ( which i dont know ) i was pregnant so couldnt follow that time can you please guide me how can i follow up my case and apply for work authorization
Thanks
This could be a problem. I think you should find a new lawyer and then file a Freedom of Information Act (FOIA) request to get a copy of your file. It is important to know exactly what the old lawyer filed. If there are errors in the original application, you can then correct them. For better or worse, USCIS sometimes blames clients for the fraud of their lawyers, so it is important that you take care of that issue. As for the work permit, if you filed in March 2016, you are eligible to apply now, using form I-765, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
Thanks for all your hard work and time you spending here helping us to achieve our dreams to be FREE!
We’re waiting for our decision for about two years now. My wife is the primary applicant. We are checking our ZCH# every day and it’s always showing an error, something like: “this number is invalid…”. But yesterday I checked my wife’s status and I don’t see that error anymore, it’s changed to this:
“Fees Were Waived”
On October 17, 2016, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization , Receipt Number ZCHxxxxxxx. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice.
Can you help us to understand what does it means? We seeing the same for both, her and mine ZCH #
Thank you!
Else, we just renewed our EAD and paid a fees accordingly, does that have something to do with that?
Thanks!
You cannot check the status of your asylum application online, but sometimes people do seem to get some info about this (like an idiction that a card is being processed), and sometimes this is an indicator that something has happened with the asylum case. Here, my guess is that the message is related to the EAD application, but I am not sure, as you EAD application should have another number, not the ZCH number. I recommend you contact your local asylum office about the delay (you can find contact info if you follow the link at right called Asylum Office Locator). I also recommend you contact the USCIS Ombudsman (a link is at right) about the delay as well. Good luck, Jason
Hi Jason,
Thank you for taking time to respond. I’m happy to share the news that I just got a yellow envelope with Approval Notice!!! Thank you so much for all your help! And good luck to the others!
Congratulations to you, and good luck in the United States! Take care, Jason
You are amazing in helping people! Keep it up, we all appreciate your help! Thank you!
Hello Ivasyk,
Did you get the approval without interview or you did attend the interview?
thanks
Hello Jason,
Thank you for this great blog. This question is regarding my sister in law case who resides in NYC. She filed for asylum in 2012 and never got an interview notice. Her lawyer advised her that she should apply for mandamus which she did. After few months she got a letter and was called in the court to appear in front of an immigration Judge. The Judge gave her a date for end of this month in March. Her interview was scheduled to happen end of this month until she receive a letter this week that due to personal emergency that Judge is not available at that date and they rescheduled her interview for next year September. She have been waiting in total of almost 5 years now without an interview. Her lawyer now suggested that she can file a motion that if somebody else cancels their interview she should be called and she did file the motion. I’m wondering if there is anything else she can do to speed up the process? Like requesting a different Judge etc? Thank you Jason.
Hi Jason,
I am on a bending asylum case. I moved to another state for a job opportunity. I filled a change of address, does my case transfer automatically to the new UCIS office in my region, and does that affect on the renewal of my EAD card.
Thanks!
The case should be moved to automatically, and it should not affect your EAD eligibility. However, you may want to follow up with the old and new asylum offices to make sure the case is moved. You can find contact information for the Asylum Office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I am an ashylum pending applicant.I have filed my document to renew my EAD before 3 months in Connecticut when i was working over there but i got my document back due to wrong address in the money order.Again i sent it to the correct address after 1 months.I thought i have done it but my card is expired now on 9 Sept 2016 and i have not received my EAD renewal Card yet.According to the law i filed my card a bit late? I am very confused now.I don`t know what to do.Please tell me if you have any good solution.Thanking you
Hopefully, you filed it correctly now and you will get the card, but it will likely take a few months. You can call USCIS (the number is on the website http://www.uscis.gov) and explain to them that you need the case expedited since your old EAD has expired. Probably this will not help, as they are not very responsive, but you can try. It won’t hurt. Good luck, Jason
Dear Jason,
Thank you for your always help. I have filed asylum application couple of months ago and recently got my Employment authorization card. Currently I am residing in New Jersey with my brother, my question is that I want to move to California for working due to work opportunity available for me in there for couple of months, but still want to keep my mailing address of Asylum in New Jersey. If I am not physically present in the location will that create any problem. Is it necessary to change address of my asylum application where I reside?
Many thanks,
Durani
If the move is temporary, then you do not need to change your address. If you keep your driver’s license, taxes, apartment, etc. in NJ, then you should not have a problem even if you go to CA for a few months. There is no mathematical formula for this – if the asylum office thinks you are lying about your address, then you could have a problem, but if you have connections to the “permanent” address, you should be fine. Take care, Jason
Hi Jason,
again, many thanks for your great posts. If I filed a “request for urgent interview scheduling” how long does it take the asylum office to respond to my request?
thanks!
There is no deadline. In my local office (Virginia), it usually takes less than one month. If there is no response after a few weeks, contact them to follow up. You can find contact info for the Asylum Office if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you so much Jason. I hope Houston office will respond before the end of this month. Best, Tareq.
Hello everyone,thank you for giving us some of your time
Please someone can help me.
My fist interview was denied and i am waiting since one year now for the schedule with a judge but they didn’t schedule me yet,so i am wondering what can i do right now
I even apply for a renewed of my working permit and it denied,please can i you tell me what can i do right now.
Thank you
Look on the denial letter from the Asylum Office. If your asylum case was denied, it means you cannot get a work permit or see a judge. If the case was “referred”, then you should be able to get a work permit and the case is being sent to the Judge (sometimes, this takes a while). You may want to contact the Asylum Office to clarify. You can find contact info for the Asylum Office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jaon. Thank you for your information.
I submitted my asylum application on November 2014 New York. And I found USCIS they are reviewing November 2014 case nowadays. And I know someone she submitted her asylum case one month earlier than me. Almost four months ago they requested her record fingerprints again and she had interview three months ago finally she was approved through interview. But until now i haven’t received any letter from USCIS. As you said, I checked the asylum office with my zipcode and it is New York office. My question is my case is gonna be reviewed soon and schedule interview soon right? how about if they just skip me? Thank you.
I expect you will receive a date soon. If not, you can contact the Asylum Office to make sure your case was not skipped. You can find contact info for the Asylum Office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Mr.Janson,
First overall thanks for answering the questions and helping people in their immigration cases.
I emailed my asylum office today to get any update information since my case has been pending for 18 months since I did my interview back in May 2015. The office replied that my case is pending with their headquarters and the office no longer has my application and they can not provide any estimate for completion.
Do you have any explantion why the case went to the headquarters and what step should I take in this case.
Regards
I did a post on October 20, 2015 about this – maybe that would help. Take care, Jason
Dear sir Jason
My sister apply asylum for VA on 2014 August but why the case are going very slow. For 3 months there are only going January case. Sir how to go the cases will be fast there is any idea to give interviews faster ? How long she will waiting for interviews any idea about that ?
Thank you
She can try to put her case on the short list, or expedite, as discussed above. I also will be writing a new post about the delays in a few weeks, so check back. Take care, Jason
Helo sir i filed my case in 30 oct 2014 in newyork i see schadule now schadule is november my case is filed in oct but i dont recive any interview letter.. did you know about that problem..
Enter your zip code into the Asylum Office Locator (a link is at right) to make sure that your asylum office is NY. Many people in the State of NY have their cases heard in New Jersey. If your date was skipped, you can send an email or go in-person or call to the office to ask. You can find their contact info if you follow the Asylum Office Locator. Take care, Jason
Yes sir i checked my asylum office in newyork but i dont have recive any notice
Hi Jason,
Is asylum seeker eligible for H1b visa or no if his case still in pending?
There is no problem to apply for an H1b while the asylum case is pending, but whether you are eligible for the H1b, or whether you will have to leave the US and re-enter to get it (and whether you can do that), depends on the case, and so you should talk to a lawyer to make sure you can actually get the H1b visa before you start down that path. Take care, Jason
Hi.Thank you for valuable articles.Jason!i am asking same question.Already asked by other friends.but i have kind of confussion.i ‘ve applied Asylum in 2015 june.i came here via b2 visa status.My interview date is not sure yet.My girl friend is us citizen.She lives here.we want to mary,but i have still confussion.it is better to withdraw my asylum case before marriage or that is not good idea.what is the posibilities.
I do not know what advantage there is to withdrawing the asylum case before you get the marriage-based green card. Why not just get the GC and then withdraw the asylum (or – if you need the refugee travel document in lieu of your home country’s passport – you can do asylum even after you have the GC). The reason I advise my clients to get the GC before withdrawing the asylum is that if the GC process fails for some reason, they still have asylum as a back up. One application does not harm the other, so there is no reason not to do both. Take care, Jason
Jason,
Every person has only one immigration file. So, if he has not withdraw his asylum case, they will not move to his marriage case till they finish his asylum case.
For example I applied for asylum and TPS. When I asked about my TPS status they told me we can not process your TPS case unless we decide your asylum case.
I hope that you correct me.
Regards
I have heard that happening for TPS people, but we have done green cards for people with asylum cases pending, and it is possible. If the case gets bogged down, I suppose you can contact the asylum office and try to get them to move the file, but I think it is possible to do both cases, and I do not think there should be a problem or that it should be necessary to contact the asylum office about the file. Take care, Jason
Hi Jason,
I have applied for the Asylum about one month ago and my case is that i have worked with the American Army as a translator back in Iraq in 2005 for about 10 months and i have my badge, the employment letter, my picture with the U.S army and everything related to my job.. fortunately, i got the visa to come here and applied for the asylum after receiving threatening letter based on my previous work..
My question is can i expedite my case based on my previous job as my family “parents and siblings” they are really in a serious danger in Iraq because of me and they’ve already received many letters !!
Thank you for answering the question.
I think this is not a good reason to ask for an expedited date. Whether you win your case sooner or later, you cannot file to bring parents or siblings to the US. If you have a spouse and children in Iraq, that is a good reason to expedite, since you can bring those relatives here if you win. If you do not have a spouse or children, maybe think about how your receiving asylum will be beneficial to your other relatives (parents, siblings) and explain that in your request to expedite. For example, maybe if you win, you plan to travel to Jordan to help your relatives resettle there. Or maybe, if you win, you will get a better job so you can send them money to help them. The key is to explain how winning your case sooner will help your relatives. This is easy for a spouse or child, since they can come to the US as derivatives your asylum. It is much more difficult for a parent or sibling, who cannot benefit directly from your asylum case. Good luck, Jason
Hi ,
I transfe my case frim newark to losangles last year,when I email to newark they said your case transfered to los angles just call them ,when I email to los angles about my case ,they replay like this :
Your case currently under judisdiction Of EOIR.when thr newark asylum office served your decetion ,they should have included form EOIR 33 changre of address ,this form used to notify to court when you move.
I did not understand what they mean …should I do something or not? Is everythings is fine?
Thanking you
Normally, if a case is with EOIR, it means the case was denied and it is now with an Immigration Court. This could happen if they scheduled you for an interview and you did not appear (or maybe you did not know they even scheduled you). You can call this number: 1-800-828-7180 and type in your Alien number (the 9-digit number that is on your receipt) and the computer will tell you if there is a case in court, which court, and the date. If you think this is an error, you should contact or go in person to the asylum office to ask (either Newark or LA). You can find contact information for the Asylum Office if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear jason ,according the previois comment ,I called that number 800-828-7180 ,,I was said on 2017 I have court at newark,but I already moved and My case transfered to LA,and there is no any more case in newark.
My question is should I recieve new hearing (court date) from La?
What should I do now ?
Should I appear at that date at newark or not?
You should call the courts in LA and Newark to see what is going on. You can find their phone numbers if you follow the link at right called Immigration Court. When you call, talk to the clerk and he or she will hopefully tell you the status of your case now. Take care, Jason
I applied my asylum case in May 2015 and still my case is pending. My question is my mum passe away 4 week back in one of the neighbor country (not my country). And Father is Sick and I want to go and Visit the grave and make application of my mum because I promised it which is in our Neighbor country and meet my father at the sometime. Is there anyway that I can do it Before my Interview or to ask short Interview.
Thank You
You can ask for a short list interview or to expedite your case, but I do not know whether the reasons you give will work for expediting. Also, the short list can take a long time. You might consider Advance Parole (form I-131, available at http://www.uscis.gov), which allows you to travel and return while your asylum case is pending. You might want to talk to a lawyer before you go, to make sure there are no issues preventing you from returning, but unless you have criminal or immigration violations, it is normally possible. Take care, Jason
Hi I have asylum pending case on 2014,I had madter hearing for 2017,but my lawyer transfer my case to other state,beacuse I move,after almost 2 years I did not recive any hearing or letter from immigtation .my question is how should I know my case transfer to new state or not ? Thanking you
You can call 1-800-898-7180 and type in your Alien number (it is a computer system on the phone, not a person). The system will tell you your next court date. If that does not work, call the court directly and ask them – you can find their phone number if you follow the link at right called Immigration Court. Take care, Jason
HI jason. i have an asylum case since june 2013 . i was scheduled to see a judge in may 2015 in New york immigration court but my case was transfered in CHICAGO COURT the day of my judgement in New York because i moved to Indianapolis for my work mid 2014. So now they scheduled my hearing date to november 29th 2019 at Chicago court office. Now i really don’t know what to do at this time. M question is: will my case considering as a new case ? or will it be considering as an old case of 2013 due to the transfer New York to Chicago .It is there any tips you can advice me.THANKS YOU FOR YOUR TIME.
I did a posting on this very subject on July 1, 2015 – maybe you want to check that (though it is more of a joke about the Nov 29, 2019 date than something useful). In short, that date is a holding date for many cases, and you can expect to get the case rescheduled at some point. If you have a lawyer, he can file a Motion for a final court date or a Motion to expedite your case (I suppose you can do that on your own too, but it is difficult to know all the rules about filing motions in court). Depending on the Judge, this can help. Good luck, Jason
HI ,I Have sane story as you I had pending case 2013” and on 2017 I have court ,,but I moved to other state 2014,and transfer my asylum case as well, but after 2 years I did not recieve master hearing and date for immigration court ,my question is Do you know when they transfer case to new state and give new hearing (date ),because you said you case transfer on day of judgment from new york to chicago .thank you
I read all the answers you have provided to us in the comments, I hope i dont repeat a question.
Also alot of gratitude for taking time to answer our questions.
I came to the usa as a derivative asylee, got divorced before filing for a green card. can i still legally stay in USA? my ex is now naturalized citizen. Feb 2014 i filled for NPT asylum, i am still waiting for an interview. i miss home so much sometimes so i helped my daughter acquire her citizenship so through her i would be able to file I-130 and I-485. After reading your replies last night i am now filling form G-639 so i can have that information with me since lawyers never gave me any copies.
My question is, do i need to state my purpose for requesting the info (g-639)?
should i wait for NPT or should I start I-130 and I-485 and forget about NPT?
which one is faster?
will i get in trouble for having two application?
I had a Lawyer file for NPT, should i still have a lawyer file I-130 and I-485, or can do it myself?
If i get called in for (NPT sylum) interview after i have already filled I-130 and I-485 what do I tell them?
Thank you very much for answering.
You should not need to state a purpose for the G-639, but the more info you give them, the more able they are to find your files. In your case, I suspect that telling them you sought asylum should be sufficient. You can do the nuns pro tunic and the I-130/I-485 at the same time. I am not sure why you need the NPT, except maybe you are worried that your new applications will be inconsistent with the first asylum. If so, that is a good reason. In general, though, it will be faster to get the green card based on your daughter (assuming you are eligible). You can have the lawyer do that case, or you can do it yourself. Take care, Jason
Hi
First thank you for giving us some of your time
Actually I’m 24 years now I came to theUSA when Iwas 18 as student
But I end up with asylum case because of my family history. My case is pending since july 22 – 2014 after doing the interview and I’m still waiting on a decision . I want to know if there is form I fail to know about my case . Or how long my case will take . And 2 years is too longe to make a decision. I’m really tired and scored I don’t have any one to help me
Unfortunately, many cases are delayed, especially for people from Muslim countries (and it is worse for men than women). You can email or go to the Asylum Office to inquire, or contact the Ombudsman’s office – these ideas are discussed in the article above. Good luck, Jason