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
Thanks for your helping.i applied asylum on July 2015 under NYC on a medical reason for my baby who born here in the United States.The affirmative asylum schedule bulletins is saying that it’s take another 8/9 month for my interview.By this time can I request them to make a early interview.
You can try. Get some evidence (medical documents, for example) and ask the asylum office to expedite. It may work. You can contact the asylum office to ask about the expedite procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, remember that you have to submit all documents for your case at the time you request to expedite. Good luck, Jason
Hello Jason.
I filed my asylum on December 2014. The Affirmative Asylum Scheduling Bulletin recently updated interviews they have conducted in Feb this year. I am in OH and it shows that they interviewed Jan-Feb 2014 applicants last month (Chicago office). That is why I have not being called for an interview yet. But, in the summer, I will move to San Francisco and it shows that they have interviewed Dec 2014 – Jan 2015 applicants already. If it goes with that pace, then by the summer, they might interview only 2015 applicants. Which means that my interview line will pass as I am a Dec 2014 applicant.
So, what possibly should I do? If my file is transferred there will they interview me right a way or since my line has passed does it mean I will not be interviewed?
I am moving there to complete my graduate study and I really want to go. At the mean time I am very concerned about this. Please help me on that. Thank you
If you move, you should keep your place in the queue, so you should be interviewed relatively quickly. You have to change your address with the old asylum office (form AR-11, available at http://www.uscis.gov) and then follow up with the old and new offices to make sure the case is transferred and that have kept your place in line for the interview. You can find their contact info and email if you follow the link at right called Asylum Office Locator. Take care, Jason
I filed my case in Nov.2014 and I transfered my case to San Francisco office last year. But still no interview. I went to their office inquire about how long I need to wait. They told me many people transfered their cases to SF recently, no interview. I am totally desperate!
Keep following up with them periodically. All the offices are busy, but you should be interviewed according to your original filing date. Good luck, Jason
Hai Jaison,
I came here as a student a year and 3 months ago now I hve filed asylee on February, I have got call for biometric and it’s also done with that, so how long does it take for the interview at La
Check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
Hi Jason
I’m looking for expedite interview,and I have no idea
About meaning of humanitarian reason.
I wanted ask you what are humanitarian reason can be best for expedite?or which ones are most effective?
The reasons that we see most likely to work are health issues for the applicant or a family member, or family separation, especially where the family is in danger or has health problems. Of course, you should get evidence about these issues, like a doctor’s note, to help support the request. Take care, Jason
Hello Jason
My asylum case has been pending since 2006. Since then I have been renewing my EAD. However, I got married to a US citizen about 2 years ago. I-130 was approved, but we have not been able to apply for the adjustment of status because USCIS won’t terminate my pending Asylum case.I am in California by the way.
Any advice?
Thanks and hope to hear from you soon
Maybe the reason they will not terminate is related to the security background check or a terrorism bar, and this could also affect your adjustment of status. I cannot think of another reason why your case is pending for 10+ years. Try contacting the USCIS Ombudsman about this – there is a link at right. Maybe they could help, or at least offer an explanation for what is happening. Take care, Jason
. I am 20 years old , I applied by myself and I got the receipt saying I can remain in the states until the decision is made. What can I do in that time while its in pending ? Can I obtain a drivers license in Colorado ? To get around , or do I use my license from my home country that is still valid for ten years. And I still have a valid visa that expires in 2026 . Can I do anything ?
Different states have different rules. You may be able to get a DL with just the asylum receipt, but most state’s require a work permit. After you file, you have to wait 150 days (from the date listed on the receipt) and then you can file for your work permit using form I-765, available at http://www.uscis.gov. Whether you can use your home-country license to drive, I do not know – you should ask your state DMV or maybe check the American Automobile Association (AAA) website. Take care, Jason
Hello jason
I came to the states 2 years ago by visa and then applied for asylum, until now I didn’t receive an interview date
Is that normal ?
Everytime I mail them they say they have been reviewing old cases from 2013
And is there any priority for cases or certain professions
Is the work authorization affected by the new administration ?
Or I can renew it always ?
It has not been affected as of now, and you should be able to renew as before. Take care, Jason
Check the Asylum Office Scheduling Bulletin – a link is at right – to get an idea about the waiting time. Also, you may be able to expedite a case, which I think I discuss above. Take care, Jason
Hello, thank you for all your help. I just have one question. My husband and I filled our case in May of 2013 and we still haven’t been invited for an interview …sometimes we feel like they lost our case. We are under San Francisco office . Could you suggest something ? Thank you.
Check the Asylum Office Scheduling Bulletin (a link is at right), but I think they have already passed your filing date. If so, contact them directly and ask what is happening with your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I have a quick ques. I got a letter stating that my interview was cancelled and it needs to be reschedued. I never got a letter in first place. And also saying it may Cause delay in appplying for EAD card for 150 Days. What could be done? I have a EAD card, which suppose to expire on Aug 15, 2017. Does that mean i cant apply for EAD until late july? what can i do?
You should have no problem with the EAD. Once you get it the first time, there is no more issue with causing delay, so you should be fine. As for the cancellation letter, you should contact your asylum office and explain that you never got an interview notice in the first place and see what they advise. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
How long does it typically take to get a response to an asylum interview expedite request for medical reasons with supporting documentation from a physician?
Hey Dave
I’m doing same exactly,may i know what kind of note you brought them?what was text?
Many doctors avoid write note for asylum office!
Hi Dave
Wish you would have answered my question
Hey Dave
I’m doing same exactly,may i know what kind of note you brought them?what was text?
Many doctors avoid write note for asylum office!
Hi Naghme,
My apologies for the delay. My physician’s letter only references my medical condition and diagnosis. This letter was sent along with a cover letter from my immigration attorney. The text of the letter is specific to my diagnosis and medical history so it probably would not be helpful for you.
Good luck!
It depends on the office. In our local office, it is usually about 3 or 4 weeks. If you do not have a response, you can follow up with the asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks, Jason!
Based on your experience, did the asylum office call after an expedite request was granted or do they mail a letter?
Thanks again.
In our office (Virginia) they either send a letter or they send an interview notice. Take care, Jason
Hi Jason,
After waiting almost 22 months since I did my interview at Arlington office, I received a letter from the same asylum office by mail yesterday asking me to show up for affirmative asylum interview.
Is it common to do more than one interview ?
Do you have any advise or tips just to be in the safe zone and avoiding any new surprises ?
Thanks in advance.
We have been seeing this more frequently at Arlington. There can be many reasons – the officer retired or did not do a good job, the supervisor has more questions (this is especially common for people who served in the military – if you did, get your military records, if possible). There is no way to know until you are there, so assume that you will be interviewed all over again and prepare accordingly. Take care, Jason
Hi,
I would like to ask if you don’t mind. I was interviewed last week and was told to pick up decision 2 weeks later and two days after the interview, the office called me and let me know not to pick up cause it is going to be mailed to my home. I tried to ask when it is going to be and she just mentioned she is just an office staff and can’t get any info from her. My legal status has expired and I thought I am supposed to pick up the decision. Is it a bad thing for my case? Heard from some of the sites like being transferred to headquarters for review. Is this why? really scared and worried. Any advice please? Thank you so much
This is very common. More than 50% of my cases like this – where the officer tells the applicant to return in 2 weeks – end up as a mail out decision, so that is nothing unusual. I do caution you that it could take a long time for the decision. If you do not have anything in a few months, contact the asylum office to ask about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you so much for replying my question in such short time. I do really appreciate that. With your experience with the cases, do you think there is any special reason for those cases which are being changed to mail out decision and is there any negativeness with the decision? Thank you again, Jason.
I do not think there is any relationship between whether a case is a mail-out and whether it is granted. The most common reason is that the security background check is delayed, and this normally would not affect the substance of the decision. Take care, Jason
Hi jason,
If someone has master hearing next couple months at court,and before hearing ,person move to another state, and fill Form EOIR 33 ,is possible at date of court he or she come back to attend court ( at first stete)? I mean is possible with move to other stete ,do not file change of venue ,and come back at court date
Thanking you
Normally, if you move, you tell the court and they will move your case. If you tell the court and they do not move your case (or you ask the judge not to move the case and the judge agrees), I suppose you can do your case in the old court. However, you are required to tell the court if you move, and usually, the court will move your case whether you want to move it or not. Take care, Jason
Hi Jason,
I really appreciate and thank you for your helping people stuck in the immigration process. My asylum case was denied. I appealed it on 4th Aug, 2016. The attorney submitted the brief on 12th Dec, 2106. The DHS lawyer didn’t file a brief. Is not filing of a brief by the dhs attorney good for me? And people tell me the decision from BIA takes a year these days. So, should I count the approximate one year time frame from August 2016 when I informed the board that I am appealing the decision or December 2016, when I filed the brief?
Thanks a lot in advance.
The DHS often does not file an appeal. It may be good for you, but it does not guarantee that you will win. Cases at the BIA used to take 1 or 2 years, but lately, they have been taking less. Maybe 6 months from the date you filed the appeal. However, it depends on the case. Complicated cases are still taking over a year. Take care, Jason
Dear Jason
Thank so much for ur helping
My wife has been applied for asylum 4 month ago.and still pending case,now I wanna go to my country for 1 month.
(I will get EAD card 2 month later)
I wanna to know
Do I allow to go outside USA?
With my passport or travel document?
Should I tell USCIS before get passport?any permit need?
It will any effect to our case?
And finally how I can turn back to USA?with which visa entry?
Best Regards
If you are a dependent in her case, and it sounds like you are, you should get Advance Parole (form I-131, available at http://www.uscis.gov) before leaving. If you go back to your country, and if your country is the same as her country, it could potentially affect her eligibility for asylum. Also, if you are from one of the countries on President Trump’s “banned” list, you should be extra careful about traveling, since the ban potentially could still go into effect. In short, there is a lot I do not know about your case, and travel can be risky, so I highly recommend you talk to a lawyer about your specific situation before you go. Take care, Jason
Dear Jason
Thank so much for ur reply
Do you know am I type A,B,D,E or F I-131?
How long does it take to finish process when I started?
Is there any way for waiver?
Best Regards
I do not know what category you are; if you are not sure, you should talk to a lawyer about your case. The I-131 forms seem to take about 4 to 6 months. And I am not sure what you mean by a waiver. Take care, Jason
Hi Jason,
One of my friend wants to leave USA and go back to his country due to an emergency situation. He has pending asylum with USCIS. My question is, if he leave USA and return to his country how that will effect his status for the future. Can he or his family ever travel to USA or will the travel will be banned on them forever as his asylum case is pending based on political opinion but due to emergency he is compelled to leave USA.
Thanks for your always help….
I recommend he contact USCIS and tell them he wants to withdraw, and then see what they advise. He can find their contact info if he follows the link at right called Asylum Office Locator. The fact that a person applied for asylum, even if the case is withdrawn, may make it more difficult for him to get certain types of visas in the future (like B or F visas, for example; it should not affect H1b or L visas). Take care, Jason
Dear Jason,
I want to withdraw from my asylum case and go back to my home country due to illness of my daughter. My asylum case is pending for almost 9 months with USCIS. What paper work I need to send to USCIS instead of letter of withdrawal in order to ensure my case is closed with USCIS properly and I will not came across exiting US and also in future if I want to comeback there won’t be any hesitance for me in the airport.
Thanks for yours always help
Joel
In addition to above, can I leave the US by sending withdrawal letter and leave the country as I need to go as soon as possible.
Thanks,
I recommend you contact them and tell them you want to withdraw, and then see what they advise you. You can find their contact info if you follow the link at right called Asylum Office Locator. The fact that you applied for asylum, even if you withdraw, may make it more difficult for you to get certain types of visas in the future (like B or F visas, for example; it should not affect H1b or L visas). Take care, Jason
Morning Jason.
I applied for asylum in 2011 and was put in removal proceedings. I had a master hearing with the Judge in New York, but before my individual hearing I asked the Judge to file a marriage and he agreed with and give his ok. After that I asked that my case be transferred to Houston, Tx. After almost 3 months I called the Immigration office here in Houston and they stated that my case was successfully transferred but I am scheduled for master hearing in December 2019 again but in NY I was on the individual hearing part. I got my I-130 approved and based on the Judge in new York, that was the only paper he was waiting to administratively close the asylum case so I can file my I-485 for the Green card. I have contacted a lawyer from catholic charity to help me speed up the case but in result nothing happen. I would like to know how can I get my asylum case to be administratively close faster so I can proceed with my I-485 ?.
You need to terminate your asylum case based on the approved I-130. I cannot explain the procedure here, and I recommend you use a lawyer for this, as it is well worth it to finish up the process. Take care, Jason
Hi Jason,
Thank you for your always help and support. I have pending asylum case since Jan 2015 and wondering to move to Canada due to limited opportunities for the asylees in the USA now a days and seems that restrictions are getting more and more as time will pass. Due to agreement between Canada and US it seems i need to withdraw or have to have denied letter for my case before moving. Now the concern is if I withdraw what will be Canada immigration reaction at border as it will be done from my side and I can justify due to current situation on asylee cases in US. On the other hand if I wait it may take another year following with long security background check up and also unknown result.
What is your thought on this, as Canada is welcoming refugees now a days from US but I am unsure about asylees.
Thanks and look forward to hear from you.
Many people are considering and trying to go to Canada. We have seen people who tried to enter Canada, got rejected at the border, and were detained in the US. I recommend that you talk to a lawyer in Canada before you try to go there, to be sure you are eligible to seek asylum in Canada. I do not know whether withdrawing your asylum case in the US, or getting a decision in that case, will make any difference in terms of Canadian asylum. Maybe a lawyer in Canada would know more. Take care, Jason
Hi Jason,
Recently, I have attended through telephone asylum quarterly engagement and number of issues that were raised were really depressing due to the fact that about two hundred thousand asylum cases are pending and resources within USCIS are very limited to speed up the process. On the other hand security background check after an interview is taking place is almost a year that is more of a concern in addition to the waiting period for asylees. What is your opinion taking current hustles going around for immigrants espcially muslims in the USA. Whether flexibility can be expected or it may get worse for asylum cases and also if the resources will not be given to USCIS what will be its outcome.
Thanks for your always constructive suggestion and guidance.
Regards,
Khan
I don’t really know. There are some reasons to believe affirmative asylum will get faster (refugee officers will be transferred to asylum cases; the number of people entering at the US/Mexico border may go down) and there are reasons to believe it will get slower (Trump may take resources away from asylum and he may try to discriminate against people from certain Muslim countries), so we will have to see. I know that most people working for USCIS in the Asylum Division are committed to the program and they will try to continue the program to the best of their abilities, though I suspect that it will be more difficult due to the current president. Take care, Jason
hi sir
me and mywife have case asylum we filled about april 2015.my wife is under my case .thay did not make appointment for interview unit now .
we just got divorced 1 feb 2017. she decided get married with someone else ,so now she changed mind and she wants remmaried with me again , what happen in asylum case for us .
she can under my asylum case again ???
thanks
If she is legally your wife, she can be part of the case. You would need to inform the Asylum Office about these changes, and if she was removed from your case, you can add her back as your dependent. The asylum office can advise you about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi jason dzubow
Thank you very much for your time and efforts
I applied at SF AO 04/28/2014
Interviewed on 10/27/2015
No decision yet .
Went couple times to inquire about my case no benefit
And they keep saying (PENDING)
Last time I visited the office and
She told me that my case still pending and once they receive it f
They are going to send it by mail
what does It mean that the are going to receive it ??
Where is my case located???
What should i do more , i’m really tired
Thanks
Unfortunately, there is not much that can be done to make these cases faster. It is possible that the case was sent to headquarters for review. The average wait time there is over a year (though I cannot remember exactly how long). You might try contacting the USCIS Ombudsman, a link is at right. Sometimes, they can help with a delayed case. Take care, Jason
Dear jason,
I have recieved letter ,couple days ago,there is date and time and location I have to appear,
It is master hearing before immigration court .what does it mean ? Is my immigration court ?
What is going to happen ? Should I take my lawyer with my self ?main question
Does court make dicision for my case in this date???
Appreciate
The Master Calendar Hearing is a very short hearing (maybe 3 minutes) where you set the stage for your trial and get a date for the trial. Later, at the trial (Individual Hearing), you will have to explain your asylum case to the Judge. You should take a lawyer with you, as it make s big difference to have a lawyer in court. Take care, Jason
Dear Jayson
Do you know how long takes time between master hearing and indiviual hearing?
When usually court call me for indiviual hearing?
Thank you
It depends on the Judge. We have seen cases scheduled a few weeks after the Master Calendar Hearing and 5 or 6 years after the Master, so there is no way to predict unless you know the Judge. Take care, Jason
Hi i applied for asylum in USA in feb 2016 i have my work. Permit and SSN and currently working in a restaurant but i applied for many job in different organizations but when they review my application they will call me n deny my application because they say at yo u have to be a citizen or green card holder- which disappointed me
Second question i want to go india for marriage can i go still with pending case ? Originally im from Afghanistan so dur to security i cant go there – how long the advance parole prcess take? And fee
Third question
I did my asylums application my self without a lawyer – dont you think without having a lawyer USCIS WILL not consider my application for interview schedule? Some people says if u dont have lawyer your interview will take years to hear back ?
4 th question
Can i still apply for another asylum in canada i case if i go there despite having a pending case here in USA? Is that work
Regards
Elyas
It is a bad time to travel, given Trump’s executive orders, but Afghanistan is not affected (at this time) and so you should be able to travel using Advance Parole (form I-131, available at http://www.uscis.gov) and return, though I do not recommend that. A lawyer does not make the case faster, though you (or a lawyer) can ask to expedite a case. Contact the asylum office ot ask about the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. If you try to go to Canada from the US, you risk being returned to the US, where you likely will be detained. Talk to a lawyer in Canada about this before you try it. Take care, Jason
Hi Jason,
I applied for Asylum in October 2015,Arlington Office, got my EAD but no interview.I put my name on shortlist but they have not responded at all.How long do I have to wait to be called on shorlist in Arlington.I tried calling the office but they hardly answer their phones as i wanted to inquire where there are with the shortlist.
Thanks for the response.
Send them an email, they are more likely to respond (or go in person). You can find their contact info if you follow the link at right called Asylum Office Locator. The short list is not very short, and it may not be any faster then the regular list, so I am not surprised you have not been called. If you have a health or family separation problem, you can try to expedite your case. That sometimes works. If you want to try, as them about the form you need to complete. Take care, Jason
Hi jason
I foiled asylum case 5/7/2015 but my no interwove no court date .i chicks online error my receipt Noumber how long more witting Because I am type 1 diabetic can you help me please mr Jason thanks for the response
You cannot check the status of an asylum case online. You can see the waiting times if you look at the Asylum Office Scheduling Bulletin – a link is at right. You can ask to expedite your case based on your health issue. You need evidence of the problem (doctor’s note) and you can contact the local asylum office to ask about the procedure to expedite. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
my name its roberto .. ihave a inmigration sylum and we being fighting over the years with my case till the last supreme court i dont see my work permit being renew this year anymore i lost my case …what can i do ?plus i have a bond on me of 10.000
If you have exhausted your appeals, there may not be much more you can do. You might be able to ask that your removal be stayed for humanitarian grounds, but I am not sure whether the Trump Administration will be accepting some applications. I recommend you talk to a lawyer to review your options, as I am not familiar with the specifics of your case. Take care, Jason
Hi sir mr jason
Thank you for response
My asylum case is foiled 5/7/2015 I have work permits and ssc.my Questions is my interwove with the asylum officers or immigration courts .how can my asylum process is fast .
Thank you so much for response
You can try to expedite your case based on family separation (especially if your family members are not safe) or a health problem. Get evidence about the issue and submit it to the asylum office. You can contact the asylum office for information on the procedure to expedite. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, the asylum office may have a “short list” and you can ask them to put your name on the list, which could also help you get an interview sooner. Take care, Jason
Hi, i was parole into the united states in 2013 when i cam in through the border and was told i have to go before a judge since i am in removal proceeding. I waited for a court date and received it after a year of which i was schedule for master hearing in court for 2016. While waiting on my court date, i applied for a work permit under category C 11 for parolee and it was issue with expiration base on my I-94 status of which i had to always renew my i-94 in order to renew work permit. In 2015 December, i received a court latter saying that my case has been reschedule for 2019 Nov, being that i had move to florida from texas, i had to file for a change of venue and my court hearing was moved to Miami and i was given a later court date coming up in June. I have applied to renew my work permit with my i-94 stating expiration in 2019 Nov, so i will like to know if being that i have a court hearing in a few months, when my work permit is issue, will be expire on the new court date or it will still be granted expiration case on my i-94 considering i am still under a parolee status and file under c 11.
Typically, parole status ends after one year, and normally we see people apply for the new EAD based on asylum pending. I am not familiar with your cased, so I do not know for sure, but you may be eligible for an EAD based on asylum pending, and those EADs are issued for 2 years. One way to call 1-800-898-7180 and type in your Alien number. The computer will then tell you your next court date and (if you push “2”), it will tell you how many days are on your “clock”. If more than 180 days have passed, you should be eligible for an EAD based on asylum pending. Take care, Jason
Helo sir immigration referral my case in immigration court i have recive nta letter you now how many time judge send me hairing letter..
Each judge is different and it will depend on the Judge’s schedule. Some judges take less than 6 months to do a case; others can take years. In my office, we have some cases scheduled for 2022. You can call 1-800-898-7180 and type in your Alien number. The computer will then tell you your next court date (if a date is scheduled yet). Take care, Jason
Hi Jason,
Thank you for your information. I have filed my asylum case in Mar 2014 and I just got an interview notice for my case in Feb 2016. I got married to my spouse who is US Citizen in 2015 and already got a conditional GC for 2 years. Since then, I haven’t closed my case yet. What should I do in this situation? If I canceled my asylum case before the interview, would it have any bad consequences in the future when I renew my GC or travel outside of the US? I look forward to hearing from you soon.
If you need the refugee travel document, or if you think your marriage might not work out, maybe you want to do the asylum case. Otherwise, you can contact the asylum office and let them know that you received your green card (maybe give them a copy of the green card) and ask to cancel the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you for your info. I plan to schedule an appointment with USCIS via infopass to show them my GC and cancel the asylum case. After that, do you think I would be able to return to US if I traveled to Europe in Oct?
Thanks!
I think you will have to cancel the asylum case by contacting the local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. If you have your green card (and you are not from a banned country), you should be able to travel to Europe and return, as long as you do not violate any immigration laws or stay outside the US for more than 6 months. Take care, Jason
Hi, Jason. Thank you for all the information on your website. I filed my case on Nov. 2014. I moved 3 months ago and transfered my case to san francisco office. I saw the USCIS website SF already interview nov. 2014 in dec 2016. But I am still wairting. I went to SF office and asked when. They told me many cases transfered to SF office. I want to know how long I need to wait? one year? two year?or not too long?They dont interview me because I transfered from other office? thats unfair.
They should interview you as if you originally filed in SF. In other words, when you move a case, you are supposed to keep your place in the queue. You may want to ask them again, or email them, and talk to a supervisor if possible. You can find their email address if you follow the link at right called Asylum Office Locator. Also, if that does not work, you can contact the USCIS Ombudsman – a link is also at right, and maybe they can help. Take care, Jason
thank you jason! I will try.
Dear Sir,
I have some queries (which may be not really related the topic under discussion).
I am in L1B status and hoping to apply for asylum.
1. when will my status change happen from L1 to asylum pending ? is it at the same day the case is filed ?
2. Can I apply for EAD based on the asylum pending status (once 150 days reached) while on L1B status ?
3. Any differences in the EAD getting as a asylum applicant and a normal EAD (eg filed by a L2 dependant)
thanks in advance
1 – You can have L-1 and asylum pending at the same time. You have a pending asylum case as of the date your application was received (the date on your receipt). 2 – yes. 3 – I do not know about L-2 dependent EADs, but if you have an EAD based on L-2 or asylum, I believe they would be exactly the same, at least in terms of where you can work. The asylum EAD may be granted for a longer period of time, but I am not sure how long the EAD is for L-2. Take care, Jason
Thank you very much for your advice. much helpful.
Hi sir
I want to apply for EAD but I am included in my husband’s application and therefore I didnt receive many documents from USCIS ( the only document I have is the appointment for bio-metric).
So my question is now that I want to apply for EAD what documents am I suppose to sent? (caz I don’t have most of the documents they’re asking for like the first blue receipt paper they sent my husband received it but I didn’t or anhy document stating that my case is still processing.)
sorry if it’s confusing.
If you were fingerprinted, you should be eligible for the EAD. Follow the instructions on the I-765. Maybe you also want to include a copy of your biometric appointment letter and his blue receipt + your marriage certificate, all to show you are part of the case. Take care, Jason
Thank you so much for your reply..
when submitting the marriage certificate do I sent in the translated one or the original one with the translated doc.
Thank you.
We only ever send copies and translations. We bring the original documents to the interview. Take care, Jason
My wife (she is included under my application) used the biometric appointment schedule letter and she got her EAD. Remember to have your biometric taken first though, to make the letter official.
@Haweken
I have the biometric appointment letter. so i don’t need any other documents?
Thank you so much for your help.
My apology for late responding!
The biometric letter was all we used for her application and she has her EAD. So from my experience you should be good. Don’t forget the application form, photo, photo ID and any other material they need. Forgetting some doc may result in delaying your application.
Good luck.
Hey, Very Informative & Helpful Jason Dzubow,
I have a question about my kids, I have filed my Asylum Application with Arlington, VA On June 2015, I am still waiting for my interview call – i got EAD & S.S but can i apply any I.D or Social Security for my babies – One is 7 yrs Old & other is 4 yrs Old & both girls, If there is any way to apply for them on Asylum Pending application please let me know. Or Better Suggestion.
Thanks, God Bless You.
If they are included in your case (meaning you checked the boxes on page 2 and 3 that they are part of your case), they should be eligible for an EAD and an SS number. If they are not part of your case, you can add them (assuming they are in the US). Contact the asylum office for info about adding them to the case. You can find the Asylum Office contact info if you follow the link at right called Asylum Office Locator. Also, you can contact the social security office to see whether they are eligible for the SS card. Take care, Jason
Hey, Sir, how are you?
I have an asylum case pending now, I have not hear anything yet. The thing is I just married my husband who is very nice and an American, can he apply the green card for me ? Do I need to end my asylum case? Will it be difficult to apple for the spouse green card while I have the case. How does everything work?
Thank you so much!
Ivy
Assuming you are eligible to get your green card in the US, he can file for you, and once you get the card, you can close your asylum case. If you are unsure about your eligibility, you can hire a lawyer to assist you. Take care, Jason
Hi Jason,
After asylum is granted can the asylee apply for adjustment of status (Green card) three months in advance(9 months from date asylum was granted) just like the cases for renewal of EAD and application for US citizenship?
If not, are there any penalties for applying three months in advance?
Can it be petitioned if one has already lived in the US for over one year prior to grant of asylum?
If you apply before one year, USCIS will likely reject the application as filed too soon. This may take several months, which will possibly cause a delay. We used to file one month in advance, but then USCIS rejected one of those filings. Since then, we wait the full year before we file. Take care, Jason
hi
I have applied for asylum October 27, 2014 in Omaha Nebraska. It’s been 2 years and 3 months now! How much longer will it take to schedule my interview?! or if there anything I can do to get my interview quick?! Please let me kno
Thanks
You can find out your local asylum office if you follow the link at right called Asylum Office Locator. Then, check the link at right called Asylum Office Scheduling Bulletin. This will give you some idea of the wait time at your office. You can ask to expedite if you have a health problem or family separation issue, or you can put your name on the short list. Contact the local asylum office about the procedure to do this.You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason thank you for the God advices on here. I filled for asylum with my wife 14 months ago and I haven’t heard anything from the asylum office. Things are not going well between me and her and we’very agreed on divorce. Can I get married to my new gf and will that affect the asylumoney we filled ? Thanks.
Hopefully, you received a receipt for your asylum case, so you know it is filed. Assuming you did get the receipt, one of your (you or your wife) is the principal applicant; the other is the dependent. If you divorce, the dependent will not longer be part of the case, so that person may want to file a new asylum case as the principal applicant, or seek an alternative (or leave the US). If you marry someone new and she is a US citizen, maybe you can get your green card based on the marriage. Talk to a lawyer to be sure. Take care, Jason
Thank you!
I have heard that if they even will approve advance parole, they will not let me In if I was here illegal. I applied for the Asylum after my legal days in US has expired.
Please advise if you heard about it
My understanding is that that rule was changed, and so it should be possible to travel. However, we have a new president (almost) and there may be more rule changes, so I recommend you talk to a lawyer to confirm this before you travel. Take care, Jason
Jason, your good work should be appreciated I have a question I filed for asylum in2013 never got an interview till 2015. I then renewed my national passport for another visa. Is this going to count against me. I am so stressed because they granted asylum and now reopening the case. Can this be the reason.
I am not sure I understand your question: You got asylum, you then renewed your national passport, and now USCIS has re-opened your asylum case? If so, you should talk to a lawyer. There are many reasons they might reopen your case. I suppose renewing the passport could be a reason, but I have not heard about that before. More commonly, a case is reopened because the person traveled to his home country or committed a crime. I recommend you talk to a lawyer and have a lawyer help you through the process. Take care, Jason
Hello,
My brother and I filled an asylum (religion based) on November 2015 at Arlington office.
I’m want to speed up my process since every university that I talk to says their not going to give me any scholarship since I’m not a granted asylum or an F1 visa holder…
Do you think do I have any chance to speed up my process for this reason??
Thanks for your time and advice
You can try. You should include evidence that scholarships were rejected because of your current immigration status. My guess is that this is not a very strong reason to expedite compared to there people (with health problems or separated from family), but it might work, and there is really no harm trying. Take care, Jason
Hello Sir,
I have applied for asylum on August 2014 when I used to live in New England. Last year I moved to Ohio and changed my address and received my new EAD here. The question is: would that effect my priority for an interview and which scheduling center date should I watch for.
Best regards
It should not affect your place in the queue. You should watch the scheduling bulletin for your local office in Ohio. You can find your local office if you follow the link at right called Asylum Office Locator and enter your current zip code. Take care, Jason
Hello Jason,
Happy New year!
Please can I speed up the process of calling for interviews, if I received threats to my life from a resident of the United States? I want to clarify: I am a homosexual and I was forced to leave Russia because of attacks and threats. Now I have been discriminated against at work in the United States and was forced to resign because of homophobic threats from colleagues (he came from a country where voluntary relationships between men are a criminal offense). I applied for asylum in August 2015. Thank you. Sorry for my bad English.
If you have been threatened here, I recommend you complain to your employer and/or the police. You can then use the record of that complaint to ask for an expedited interview. I think it is unlikely to get you an expedited interview, but it might, and you won’t know unless you try. Take care, Jason
Thank you very much for the answer
Hello Jason,
I want to thank you for this awesome website and information you providing people. I have applied for Asylum in December 2015 and I’m still waiting for the interview. I know that Chicago office is very slow. I did my best to expedite my case, I applied to put my case on the short list, but never hear back from them, I send them a request to expedite my case with ( i have an emergency situation, my mother sick), and nothing, no results. Then I send a letter to Mayor office and two Senators. From the Mayor office, they called me back and told me that they nothing can do, also from Mayor Office informed me that USCIS will hire about 50 officers in 2017 hope it will help. I also got a response from one Senator that they might be able to help me, I filled form they asked me and now I’m just waiting. I just don’t now what else I can do! I was thinking about advance parole or moved to another state and try the same what I tried here. What do you think? Please advise!
Thank you
The asylum office should at least respond to your expedite request. You can go there in person (though check their hours first) or email them to ask. You can find their contact info and hours if you follow the link at right called Asylum Office Locator. The mayor and senators are probably a waste of time. You might also try the USCIS Ombudsman (to ask why there was no response to your expedite request) – a link is at right. In truth, they are very busy, and many cases with good reasons are not expedited, so you might also consider Advance Parole and – if possible – meet your mother in a third country. Take care, Jason
Thank you!
I have heard that if they even will approve advance parole, they will not let me In if I was here illegal. I applied for the Asylum after my legal days in US has expired.
Please advise if you heard about it
This used to be a problem, but my understanding is that they have changed the rule and now it is no longer an issue. However, we will have a new president in a few days, and there may be more changes to these rules. For this reason, I recommend you talk to a lawyer before you travel, just to be sure it is ok. Take care, Jason
I applied my case in June,2014 in Los Ageles Asylum Office. From then on, I never receive interview notices. Could you tell me how can I put my case into the short list? I can online fill some documents or go to the Asylum office and ask offier’s help?
The LA office is the slowest in the US (you can check the Asylum Office Scheduling Bulletin – a link is at right). I do not know the procedure for the short list there, but if you contact them, they should be able to tell you. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I came to the US with F-1 visa for my Ph.D. However, before I finish my Ph.D., I applied for asylum (still pending without notice to interview) and currently working as a post-doc researcher with EAD using pending asylum case. I never filed for OPT. Now I have published 15 peer reviewed journals with ~200 citations, and was thinking if I would be able to apply for NIW. However, would I be able to change my status even if my NIW is approved? Some people told me that I am technically out of status and won’t be able to change my status through the NIW.
thanks
I think you cannot change your status and the only way to get a green card is to leave the US and re-enter with the green card. If you are eligible for TPS, you may be able to get that, leave the country using Advance Parole, re-enter, and then apply for your green card in the US. It is tricky, and you should talk to a lawyer about your options. Take care, Jason
Hello Jason
Today i will start to fill for second ead card. I will.fill 3 months before this one ends. I have to pay for second one? Aslo so i need to pay for both my husband & i, or is it just one amount i pay? He is on my paper work.
Assuming the EAD is based on asylum pending, you can apply up to 120 days before the old card expires. Each person must pay for his/her on card. If you file before December 23, you may save a bit of money, as fees go up on that date. Also, if you cannot afford the fee, you can ask for a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason
Thank you, you are very smart and helpful
My asylum case was submitted to USCIS on November 2014. And i’m still waiting for USCIS schedule my interview. Now i plan to marry with my boyfriend he is american citizen. In that case do I have to cancel my asylum case first and then apply green card through marriage? or I can just leave my asylum case? Thank you in advance.
You can leave your asylum case open. For my clients, I recommend that they do not cancel the asylum case until they actually have the green card in their hand. Some people want to win asylum even if they have a GC so that they can get a refugee travel document to use instead of a passport, so even if they have a GC, they continue their asylum case. But now that asylum is so slow, it is probably not worth the trouble – they will be US citizens before they get a decision in their asylum case and can then get a US passport. Take care, Jason
Hi Sir,
I applied for asylum since 07/2013 and did my interview in 05/2015 (decision still pending). I don’t wanna ask about my asylum case cause I get tired asking about it with zero benefit. since I have been waiting for long time without decision I am thinking to apply for TPS which I am eligible for. My question: if I have TPS status in addition to my pending asylum case, would this TPS affect my asylum case in either ways ( acceptance or denial) for example going to court if my asylum case was rejected ?
Sorry for long explanation and thanks in advance.
Probably TPS would not affect your case. I believe if you have TPS and your case is denied, it will be sent to court. However, some Judges will administratively close a court case where the person has TPS. Other Judges will allow the case to go forward. By the way, if you have not contact the USCIS Ombudsman about your case, it may be worth a try – a link to their office is at right. Take care, Jason
I am planning to apply for a political asylum and I am going to be 20 years in this December. I also got diabetes and I am in kind of depression as I do have diabetic neuropathy and I am not even able to pay the hospital bills I got.
IS there any way I could get a fast interview date?
Thank you so much.
Once you submit your entire case, including all evidence, and get the receipt, you can ask the asylum office to expedite based on your health issues. You have to contact the asylum office to ask about the expedite procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you but can I still file the case in the short list?
Assuming your asylum office has a short list, you should be able to put your case on it. Take care, Jason
Hi sir, Hope you’re doing well. I had a question about the EAD process, How long does the EAD process take after sending them the additional information they ask for. because it’s been almost a month and I havent heard back from them. On the USCIS it says they received it on Nov.10.16.
We are seeing EADs take 3 or 4 months, but in some parts of the country it seems to be faster, maybe 1 or 2 months. Take care, Jason
Thank you so much for the reply.
an off topic question, I was just wondering the comments that were made by other people, were they deleted or am I just not able to see them do to technical issues?
They should all be there; sometimes, you have to hit a link that says “additional comments” or something like that. My technical skills are lacking, so I am not sure. Take care, Jason
it takes 3 week (as per asylum application in pendin)
as we applied in 31 OCT and and my wife received her EAD on Nov12 but my is still pending so this is how works
That is pretty fast. The applications we see are still taking longer than that. Take care, Jason
Hi sir, I hope you’re doing well. I had a few questions
1. I just received my EAD, do I apply for social security now or can I apply for employment with my EAD card? and if I do need to apply for a social security where do I apply from?
2. What documents do I need for getting a drivers license.?
Thank you so much for your help and god bless.
Once you have an EAD, you should be able to get your SS number. You apply at the local Social Security office. As for the license, you need to contact the DMV to ask them, but if you have your EAD, you should be able to get it. Take care, Jason
Hi dear sir i came here by student visa and in 2010 and i had 120 from school and after 4 years i put asylum case and my interview was very bad and the officer refered my case to immigration judge and and the judge give 2 years for hearing and after that the judge send me another hearing date for 2 more years it is on 2019 . 1 question i heared the mr trupm said student shuld deport they live in usa overstay of them visa im i on the catagory ? 2 did i applied legal for asylum case? Thanks alot .
You cannot be deported without following the proper procedure, which involves a case with the Immigration Judge and, if needed, an appeal. The President does not have the power to change these requirements unless he and Congress dramatically change the law, and I think this is not likely to happen. Take care, Jason