The Office of the Citizenship and Immigration Services Ombudsman recently released its 2015 annual report to Congress. The report discusses all aspects of USCIS operations, and provides some new information about the asylum backlog and the government’s efforts to improve the situation.
You may already be familiar with the Ombudsman’s office–they are the ones who provide individual case assistance to affirmative asylum seekers and other USCIS “customers” (as they are called). They are also tasked with improving the quality of USCIS services by making recommendations to improve the administration of immigration benefits. The annual report includes these recommendations.
In this posting, I want to discuss a few of the report’s findings that relate to asylum. Also, I will discuss the steps USCIS is taking to address the asylum backlog, and some recommendations for future improvements.
First, some findings. The report summarizes where we are now:
A substantial backlog of affirmative asylum applications pending before USCIS has led to lengthy case processing times for tens of thousands of asylum seekers. Spikes in requests for reasonable and credible fear determinations, which have required the agency to redirect resources away from affirmative asylum adjudications, along with an uptick in new affirmative asylum filings, are largely responsible for the backlog and processing delays. Although USCIS has taken various measures to address these pending asylum cases, such as hiring additional staff, modifying scheduling priorities, and introducing new efficiencies into credible and reasonable fear adjudications, the backlog continues to mount.
All this, we already know, but here are some numbers: At the end of FY 2011 (September 30, 2011), there were 9,274 affirmative asylum cases pending before USCIS. By the end of December 2014, that figure reached 73,103—an increase of over 700 percent (by May 2015, the number had grown to over 85,000 cases).
Probably the main reason for the backlog is the large numbers of asylum seekers arriving at the Southern border from El Salvador, Guatemala, and Honduras. When someone arrives at the border and requests asylum, an Asylum Officer gives the applicant a reasonable fear interview or a credible fear interview (if the person “passes” the interview, she will generally be sent to Immigration Court, where a Judge will determine whether she qualifies for asylum). In FY 2011, there were a total of 14,627 such interviews. In FY 2014, there were 60,085 – a four-fold increase. The Ombudsman notes that, “Various factors have contributed to this rapid rise in credible and reasonable fear submissions, including widespread crime and violence in Central America, where a majority of the applicants originate.” The report continues:
These substantial increases demand considerable USCIS personnel and resources. For example, many Asylum Offices now send officers to various detention facilities around the nation to conduct credible and reasonable fear interviews. Such assignments deplete resources previously dedicated to affirmative asylum applications.
Another reason for the backlog is that the rate of new affirmative asylum filings has grown. “In FY 2011, asylum seekers filed 35,067 affirmative asylum applications with USCIS.” “In FY 2014, asylum seekers filed 56,912 affirmative asylum applications, a 62 percent increase.”
In addition, between September 2013 and December 2014, the number of “Unaccompanied Alien Children” with cases before USCIS increased from 868 to 4,221. These cases receive priority over backlogged adult applicants.
So what has USCIS done to address the delay?
First, the Asylum Division has been hiring more Asylum Officers. In 2013, there were 203 officers; by January 2015, there were 350, and the Asylum Division has authorization to elevate its total number of Asylum Officer positions to 448. Unfortunately, Asylum Officers do not stay in their jobs very long. The average tenure is only 14 months. One reason for the low retention rate may be that the Asylum Officer position does not have great promotional potential. Salaries start in the low $50-thousands and max out at less than $100,000. By comparison, lawyers who work in other areas of the federal government can earn more than $150,000 per year (and salaries in the private sector can be much higher).
Second, starting in late December 2014, USCIS now interviews cases on a “first-in, first-out” basis, meaning that the oldest cases are interviewed first. There is concern that such a system will encourage people to file frivolous cases in order to get a work permit while their cases are pending, but so far, we really do not know if that is happening.
Third, in May 2015, USCIS announced that it would begin publishing estimated wait times for asylum interviews at the different Asylum Offices. Supposedly, they will provide an approximate timetable—roughly a two to three-month range—within which the interview will take place. We have been hearing about this idea for some time, and hopefully, USCIS will post this information soon.
Finally, “USCIS has implemented a range of policy and procedural changes in the credible and reasonable fear contexts that have had the effect of shortening case processing times.” For example, more interviews are conducted telephonically, as opposed to in-person, which helps save the Asylum Officer’s time. Of course, shortcuts potentially affect the quality of the decision-making, and USCIS is monitoring this. Personally, given that the large majority of applicants “pass” their credible and reasonable fear interviews, I think it would save time to eliminate the interviews altogether, and allow anyone to submit an asylum application and go directly to court.
The report also lists two ways to potentially accelerate the interview date: (1) interview expedite requests; and (2) interview “Short Lists:”
First, each Asylum Office accepts and evaluates requests for expedited interviews, granting or denying those requests based on humanitarian factors, such as documented medical exigencies, as well as the Asylum Office’s available resources. Depending on the Asylum Office, applicants may make these requests in-person or via email. Some Asylum Offices also maintain Short Lists, containing the names of backlogged applicants who have volunteered to make themselves available for interviews scheduled on short notice due to unforeseen interview cancellations or other developments. Backlogged applicants may wish to contact their local Asylum Office to inquire about the availability of such a list.
I discussed these ideas, and a few others, here.
Lastly, I want to briefly discuss the report’s findings related to delays obtaining Employment Authorization Documents (“EADs”). The main point of interest here is that the delays are seasonal. For various reasons, EAD applications filed during the summer months take longer. This means–if possible–try to file for or renew your EAD outside the busy season. To me, there is an easy solution to this problem, at least as far as asylum seekers are concerned: USCIS should make the EAD valid for two years instead of one, or better yet, tie the EAD to the asylum application, so it is valid for the duration of the case. I have discussed problems and suggestions for improvement in the EAD process here.
Perhaps it provides some comfort to asylum seekers to know that the U.S. government is trying to reduce the backlog and move their cases along. If you are interested to learn more, take a look at the full report.
Hello ,
I applied for asylum 8 years ago , still not interview. My kid has to go to college since we are pending asylum applicants what statut she need to put on her college application and how it will work
It depends what the question asks, but if your child has no other status, I guess they can put “asylum pending” or “Employment Authorization Document, category c-8”. Maybe you want to talk to the school admissions office to see what they suggest. Take care, Jason
Hi Jason I submitted my EAD application on 05/18/2018 got my I-797C on 05/23/2018 and I-797 Approval notice on 06/12/2018
and for my card it says it is delivered, but it’s not in my mailbox I contacted USPS they dont have it
Do I need to replace it and pay fee? Can I use Fee Waiver bc I cant afford to pay
I would appreciate your respond
You might wait a couple weeks to see if it arrives, as the on-line notice is often faster than the actual mail (though if it says card was delivered, that is unusual). If you have not changed your address, you should get it. If not, call USCS to ask – you can find their phone number at http://www.uscis.gov. Take care, Jason
Hi Jason,
I got a receipt(I-797) from USCIS at 7th of June 2018, saying my case has been accepted and my case (I 797) is in processing and has been routed to Texas center for processing
So when will the ead come and how long will it take since I got the receipt?
Thanks
First time EADs seem to take between 1 and 4 months; the time frame seems to be pretty variable. Take care, Jason
Dear Mr Jason,
My wife and I are preparing to apply for Asylum.Please should we apply separately or do just one application?
Thanks so much sir
Best regards
It depends on many factors. For couples, we choose the person with the stronger case and file with that person as the lead. If all things are equal, we usually have the woman as the lead, since background checks for women tend to be faster. I have never filed two separate cases for a couple. My fear is that it would create a bureaucratic mess. At the minimum, if you file two cases, do not state that you are also a dependent on the other’s case (in other words, complete the spouse portion on page 2, but check “no” where it asks if you want to be a dependent). This hopefully will avoid having two simultaneous cases and causing problems for both cases. Theoretically, if you can file 2 cases, you increase the chance of a faster interview and you have two chances to win, but you also have more possibilities of inconsistencies or other problems. Take care, Jason
Hi Jason ,
My friend filed for asylum since November 2017 and got receipt and biometric in first week of December 2017. She waited over 180days before applying for ead due miss information from the attorney. She finally filed for her ead last week of may 2018
His she going to go for interview?
How long will take for ead to come?
Will it take another 90days or more to come ?
Thanks
EAD wait times are unpredictable – it is usually between 1 month and 4 months. There is no way to predict the interview date. Under LIFO, she may get an interview in the next few months, but my guess it will not be that soon. Again, though, there is really no way to predict. Take care, Jason
Hello Jason,
We are applying for asylum as I was persecuted back home in Africa because of my condemnation of our president who is a dictator.I was locked up twice and I managed to escape.my wife and 2 kids are here with me in the USA.My first son was born in the US and my second son was born in Canada.They are US and Canadian citizens respectively.My wife and I are not.Please do you think we have a chance of getting our case approved?
Thanks Vitaav
It sounds like a strong case to me. By the way, you can include your Canadian child as a dependent on your case and if you win, the child will also get asylum, even though he is Canadian. Take care, Jason
Hi Jason and others,
How long does it take to get initial EAD card after case is updated to “New Card is being produced”?
It might still take a couple weeks – USCIS is always difficult to predict. Take care, Jason
Hi Jason
I submited my EAD application on 15th of Feb 2018 and uptil now i have not received any notification that my application was received as i also asked to be notified by email of sms. what could be the delay, do i contact them yet?
It typically takes 3 or 4 weeks to get the receipt. It is too soon to worry about this. Take care, Jason
Hi Jason
IS there any reason(s) apart from crime that could make USCIS deny first EAD application based on affirmative asylum application?
If it is filed too soon or there is an error on the I-765, but generally, if you are eligible, you should get it. Take care, Jason
Hi Jason, this is Mainu again, I have applied for work permit under a 10 category and it been delayed this year. Now 4 months, so I am scared as you said if I have crime I remember in this year I got a ticket for driving 75/35 in city and had to got to court mandatory but the court clerk made me pay online 900$ fine. It kind of reckness driving …do you think they will hold this against me and even though I am under a10 they can deport and deny. This delay in W.Permit is scary
I doubt that a reckless driving conviction would cause you to lose Withholding of Removal. If you are worried about that, you can hire a lawyer to research trey question. Take care, Jason
Morning Jason. I was granted asylum recently and filed I730 petitions for my wife and 3 kids who are currently in a third country for their safety. I requested USCiS to expedite the processing of the same and submitted the documentary evidence. The request for my wife was approved but for my kids were all denied. My kids are aged 9, 6 and 1. My question is, is it that they will only process for my wife expeditiously or for them as a bunch since my wife is the only adult with the kids. Thanx in advance
Hopefully they will process them together. I do not know why they would specifically deny the expedite request for your children and grant it for your wife. That is strange (and idiotic). Normally, if I-730 petitions are filed at the same time, they are kept together, so hopefully that will happen in your case. Please let us know what happens. Thank you, Jason
Hi Jason, I have question. I was granted asylum in August also I was pending in adjust status because a marriage with a citizens. I received letter for a interview. Do u think I havr to attend?
If you do not want to continue with the marriage case, you can cancel it (I recommend that you contact USCIS and cancel it, rather than just not show up). Also, since you already paid for the green card based on marriage, you may want to attend and get the green card, rather than lose the money and have to pay again for the green card when you adjust status based on asylum (assuming you are still married). Take care, Jason
My story
Dec 18, 2016 arrived in the US
Jan 3, 2017 mailed my I589
Jan 8, 2017 is the date in acknowledgement receipt from Newark Asylum office
Jan 30, 2017 went for biometrics capturing, applied to expedite my case
March 3, 2017 got mail confirming interview date
March 22, 2017 I had my first interview
May 3, 2017 went for second interview
June 8, 2017 mailed my I765
June 30, 2017 received my EAD with category A05
I have heard from the asylum office with regards to my interview results yet
I did my application and all actions on my own without a lawyer so have no idea why A05 yet no results but I applied C08
Over to you our good lawyer, any opinion?
My first opinion is that you got your interview very quickly – normally, that is only for unaccompanied minors (people under 18 years old). Second, category a-05 is for people granted asylum, so maybe there is good news. I recommend you email the local asylum office to ask about this and see what they tell you. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Oh just got the grant letter today. Surely I got my interview very fast coz I requested an earlier date due to the extenuating circumstances aiding my case probably is that I was a notable political resume with clear cut evidence??
Congratulations and welcome to the US! I will say that a good case makes it easier to win, but it does not make your case faster. You requested the earlier date and they gave it to you, which is terrific. Congrats, Jason
Thanx you