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.
Hi guys! Uscis received documents for my first EAD on dec 21st. No news at this time. Tracker shows that they received my docs. Does it mean my ead stuck :(? All my friends received ead in 3-4 weeks. Thank you.
For the last 6 months or so, we have seen EADs take about 4 months, so I think your situation is normal. Take care, Jason
4 months for ead. Wow. Never heard about this :(. All my friends received the first one in 30 days. Thank you!
We used to see 30 days, but not lately, I am sorry to say.
Is it 4 Month counted after the 150 days or 180?
I’d appreciate an evaluation to this time line
11-09-2015 USCIS received the application I-765 (after 150 )
12-22-2015 Case transferred to Nebraska Office.
Currently didn’t receive any updates.
Note: Didn’t move out of state after filing, and changed my address only once withing the same state before submitting the EAD application.
We are seeing 4 months after the person files, whether they file at 150 days or 200 days, it still takes 4 months (or there abouts). Take care, Jason
You can apply for your EAD after 150 days, however, USCIS can only issue your EAD after 180 days of filing. Thus, if you apply on the 150th day or a few days afterwards, you can expect to receive your EAD from the 180th days and above. It is recommended to file on your 150th day so that after 30 days (since it usually takes 3 to 4 weeks for the first EAD) or on the 180th day, your first-time EAD should be ready. For those renewing their EADs, it takes 3 to 4 months now as of the last couple of months. I recently renewed my EAD and it took 4 months to be processed.
We have also seen first-time EADs take 3 or 4 months. I have been hearing very recently that the waiting times are going down again, and hopefully this is true. Take care, Jason
Hi Nnandi,
please can you assist me in finding a job as I am not able to find one and no one to assist me. If you can give me your email address, I would email you with more details. Biko help your sister.
I apologize Jason ,if this doesnt fall within the ethical standards of this forum. Just a desperate cry for help to someone I could identify with to my roots. I hope you forgive me.
It’s not a problem on my end – hopefully she can help you. Good luck, Jason
Hi Jason
My asylum case is pending from last 160 days. I have submitted my first EAD application. Received my receipts and know that USCIS will wait till 180 days to start processing my EAD. May I know how long they will take to issue first EAD as its not renewal?
Thanks
Many of our clients are waiting about 4 months for the EAD. This is the slowest I’ve seen it, and hopefully yours will go faster than that. Good luck, Jason
Thanks Jason for your response, highly appreciated.
For most first time EADs, you can expect your EAD in 3 to 4 weeks but for EAD renewals after 1 year, it is taking up to 4 months in recent months.
We have also seen first-time EADs take 3 or 4 months. I have been hearing very recently that the waiting times are going down again, and hopefully this is true. Take care, Jason
Hi Jason,
I have applied for my first EAD after 150 days has passed. But I made a mistake. I sent it to Vermont service centre instead of Texas lock box. Now will that be a problem?
I am very tensed. What to do in this situation??
Unfortunately, when you send something to the wrong address it will not be processed. Either they will send it back to you (which I think will happen here) or it will disappear and you will never hear about it again. I would wait a week or two to see whether you get it back; if not, I would mail a new application to the proper address. In the cover letter, I would explain briefly that I send the original application to the wrong address. I think you will get the EAD, but you will have to apply again at the correct office. Take care, Jason
thanks Jason !!
dear Jason … happy new year
first I would like to thanks you a lot for all you are doing over this web site, which is really useful for all who need it. and I will copy here the message I got from the Ombudsman after I request there help on Oct2015 for getting decision on my asylum case after I conduct the interview in June2015 and it’s almost 2 years since I applied for asylum on jan2014. And what I want to know is my case in the asylum office OR it refer to the HQ, and I am looking to file mandamus regarding this delay, please advice.. thanks in advance.
Dear Sir/Madam,
Thank you for your request for assistance. On January 4, 2016, the Ombudsman’s Office followed up with U.S. Citizenship and Immigration Services (USCIS) regarding your pending application or petition. The Ombudsman’s Office will continue to coordinate with USCIS Headquarters to resolve your case.
Please be advised that USCIS has 75 days to respond to our inquiry. Any available updates will be forwarded to you. Cases that do not receive an update will continue to be brought to USCIS for resolution.
This just means that they contacted the asylum office and that they should get an answer in 75 days. I would wait for that before you file for a mandamus. To me, this does not mean that your asylum case is at the HQ, only that the Ombudsman contacted HQ to check on your case. Take care, Jason
Any response yet from ombudsman? Did you use a lawyer or not?
Hi Jason,
I need your advice on my case. I have a pending asylum case and I’ve had my interview and waiting on a decision. I have my EAD which I recently renewed. An understanding and kind officer happened to interview me and after my interview, he kept in touch with me on my case. I filed my asylum case without a lawyer and attended my interview without a lawyer as well because my case is a genuine one. Few months after my interview, the officer told me that for approval my case only needed extra documentation in form of a support letter from an LGBT organization in the US which I was able to provide a couple of weeks after.
Unfortunately for me, the asylum officer has left and is no longer with the asylum office, from my visit to the office 4 months ago and I was told that in cases like mine, my case would have to be referred to the supervisor for review and that it would be referred to the supervisor immediately. I was also told that my file was not in the office but in a storage and would need to be ordered back to the office for any further action to be taken on it.
3 months after I checked back at the office and nothing was done regarding my case – neither had my case been referred to the supervisor as supposed nor my file had been ordered from the storage.
Because there’s no asylum officer on my case, it has been hanging in the office since my asylum officer left the office and the office needs a little push to get things going on my case, especially now that my file is complete for approval, according to my old asylum officer.
I’ve been contemplating 3 options at this point:
1) Visit the asylum office next week and this time speak directly with the supervisor about my case, just so that she becomes aware of my case and takes further action on it.
2) Contacting my congresswoman I had previously contacted regarding my EAD to contact the asylum office regarding my case. I feel her involvement in my case would give my case the extra push that it needs or
3) Contacting the OMBUDSMAN office with respect to my case for the extra push my case needs.
I understand that the asylum offices are busy and are experiencing lots of applications but my case has been pending for nearly 2 years now.
I’m confused right now and can’t think of which to do. Please what would you suggest that I do?
Thanks.
Concerned one.
I think you should do all three. I see no harm in any of those options, though I am not sure they will help either – but they might. If none of them work, you might consider a mandamus lawsuit – it is kind-of an extreme option, but if all else fails, it will certainly get their attention. Good luck, Jason
Hi Jason,
A little update on my case. I tried out option 1, I visited the asylum office in Virginia, met directly with a supervisor who then took charge of my file and later referred it to the supervisor. Now my file has been ordered back to the office for final review.
Last Friday, I received a mail from USCIS for a second biometrics appointment. I did some research and found out that it is a sign of good news and this usually happens when a case has been pending for some time but the earlier biometrics and background checks performed with it has expired (valid for 15 months) and a final decision is about to be made. Fresh biometrics would need to be done again for a fresh background check.
What do you think?
We have seen cases where a decision quickly follows the second biometrics appointment, but this does not happen all the time. Hopefully, you will get a good decision soon, but until then, you have to remain patient. Good luck, Jason
Hi Jason I came to the US on July 23 2014and detained for 3 weeks been intreviewed by an asylum officer and passed the crediable interview out with bond on August 24 2014 with a notice to appear with no date and time to be determined been waiting to this day I write you no court date no EAD…can I apply for EAD while waiting ma Court date??? Please your honest opinion thank you in advance…
If you have an Alien number, you can call this number: 1-800-898-7180. It is a computer, and you can enter 1 for your next court date or 2 for info on your “clock”. If the clock has passed 150 days, then you can apply for the EAD. My guess is that there is no clock. In some cases, if you are paroled into the US, you can get an EAD, but the time for that has probably passed. Also, if you did not formally file your I-589 asylum form, that is a problem since you are supposed to file within one year of arriving here. Given all this, you really should talk to a lawyer to get some help. Good luck, Jason
Hi Jason,
Keep it up with the good work you’re doing here. There has been an enormous delay recently with the Vermont Service Center for EAD applications and renewals and I-765 applications have been seen to stay beyond 90 days for renewals and other types of applications. I would like to share my story for others who may be going through the same situation like I did.
I am an asylum applicant pending a final decision on my case. I live in Maryland and I filed for my EAD renewal on August 27 2015 and my case was pending for over 120 days. After 75 days with no response on my case, I raised several service requests, called the NCSC severally, raised an expedite requests etc. which were all fruitless. I did not try booking an info pass appointment with the local Baltimore office because I had read severally online that it was useless and no temporary EADs are issued. Twice of many times that I called the NCSC I spoke with a second level officer, one of who confirmed with me that an info pass appointment would not be any effective. Next, I contacted my local congresswoman to intercede on my behalf, filled out the privacy form and gave her a copy of my job offer letter. I have a pending job offer with a start date of Jan. 4 2016. Few days after, which is 2 weeks ago, she responded that she was unsuccessful in expediting my EAD application with USCIS. All these 4 long months I was stuck on the USCIS case status page checking my case status. Next, I was contemplating contacting the OMBUDSMAN office and just as I was getting my documents ready my case was approved yesterday, December 30th. This was a huge relief for me because for a long time I was fraught with sadness, frustration, anxiety and unproductivity.
My EAD renewal approval is only a temporary relief for me as I await my final decision from the asylum office in Virginia.
To those out there with pending EAD applications, keep hanging in there. I understand the feelings and frustration. Keep making efforts no matte how little they may be.
Happy new year.
Please ignore the grammatical errors. I was in a hurry to post my comment that I did not proofread.
Thank you for sharing this story. The only advice I have about EADs is that a person should apply for the renewal 120 days before the old card expires – that is the earliest date you are allowed to file the renewal. Most cases we see are taking about 4 months, but delays in the EAD system are a real problem right now. Happy New Year, Jason
Hi. Jason
I like your website, I have a couple doubts regarding
Asylum application. I came US on b1 visa, after couple months I have applied for college for English course then I applied for the f1 visa from b1 status but application was denied from USCIS, but I have applied asylum , recently I had applied EAD but I have been waiting for approval since couple moths it’s almost 89 days.
My doubt is like will it be there any problem or affect on my EAD application..please kindly give me ur response.. I’m very much thankfull to you..
I don’t really understand your question – If you applied for asylum, you are eligible to apply for the EAD 150 days after your application was received. After that, it takes 3 or 4 months to get the EAD. Take care, Jason
Thanks Jason .
Yea, changing from b1 status to f1 status is often hard to do because you would have to give a convincing reason why you’re suddenly interested in enrolling in school now and your intention was not pre-mediated beforehand. In other words, you entered the US on a wrong visa type.
As to your EAD application, there’s been a heavy delay of recent regarding EAD applications. My application was pending for 125 days before it was approved. I would suggest contacting your local congressman/woman and also calling the NCSC and asking to speak with a second level officer. Second level officers often have more access to on your application to give you more details about it. Your delay is not likely as a result of your F1 status application denial. You can find your local congress person here: http://www.house.gov/representatives/find/
I would add only that we have changed status for people from B to F, though this could be denied if you have an asylum case pending (since F visas are available only to people who do not have an intention to remain permanently in the US). I don’t think it means that you entered on the wrong visa; perhaps you entered on a B and then later decided you wanted to attend school. Take care, Jason
Thanks very much Nnamdi
Thanks very much Jason
Hi jason, my ead, which i received after pending asylum, is going to expire on first week of feb 2016, can i renew it now? Also what documents do i need to send except 2 pp photos, biometrics stamped paper, and receipt of i589, previous copies of ead? And on i765 , should i check on “permission to receive employment” or ” renewal of …”? thanks in advance for your prompt answer.
I cannot answer specific questions about the form and the application (as it makes me liable for your case), but you should file the renewal 120 days in advance – there are delays renewing EADs and the sooner you file, the better. But the earliest you are allowed to file is 120 days before the old EAD expires. Take care, Jason
Hello Jason
,I arrived USA in Jan 2015 on an F-1 visa.However i did not notify the school that i arrived in the USA and did not go or register in school.In august 2015 i applied for asylum because of my situation back home.So Jason my question is,I will like to know if my EAD can be denied if the school did not know that i was in the USA and as a result did not file for my F-1 status to be terminated.Considering that i had been out of school for 7 months will the immigration officer for EAD cards automatically consider me as out of status or does the school have to notify them.
I ask this question because i have heard that if you file for asylum while you are still in F-1 status you are not eligible for an EAD card.Hope to hear from you .Thanks
Whether you are in status or out of status, or attending school or not, I do not think it will have any effect on the EAD based on pending asylum. You can file for the EAD 150 days after your asylum application was received, and (unless there is some other problem that you did not mention here), you should get the EAD in a few months. Take care, Jason
Thanks you Jason and stay blessed
Hi Jason
I submitted the application for the work authorisation one month ago, and i didnt receive the receipt till now ,is it normal ?
And if i want to track this issue , how can i do ?
Thanks in advance for your helping
It is probably normal. You can track the case with the receipt number once you have the receipt, or if you paid by check, you can get a copy of the cancelled check from your bank and that should have the receipt number on it. You can then check the status online at http://www.uscis.gov. Take care, Jason
Thanks alot for your reply
Actually i called the USCIS to follow it and they told me there is no record for my A# and my name
They asked me to re send them another application and i did ,is it normal or may be cause me a problem?
This is the first time to me to get the work permit and really am worry from this
Normally when we send an EAD application, we get a receipt in less than one month. You should make sure that you sent it to the correct address and that you applied under the correct category. If so, hopefully you will have confirmation of filing soon. Take care, Jason
Good day, Jason.
I recently applied for my first EAD in Miami after 154 days of wait. They send me a receipt that my application I-765 has been received. 2 weeks after send my asylum case in June, I received the request for fingerprints and biometrics. I was wondering if now that I apply for the EAD I will be required for fingerprints again?
thank you so much for your answer and help.
As far as I can tell, whenever someone applies for an EAD, they get fingerprinted. But I have heard differently, and frankly, I don’t pay that close attention, so maybe you will be able to get the EAD without additional prints. The whole fingerprint thing is a real nuisance, so I hope you can avoid it. Take care, Jason
Hello Jason,
I contacted the customer service to check the reason for delaying my EAD for the first time as I already completed more than 180 days before applying to the EAD and I got this message which I don’t understand if you please can tell me what is my situation “We have received your service request and researched the status of your case. We have had to perform additional review and this has caused a delay in processing time. Your case is currently in line for processing and adjudication. Cases are processed in the order in which they were received. “
I do not know the reason that there is a delay, but it sounds like your case is still pending and you should – eventually – get a decision. You may want to contact the Ombudsman’s office (there is a link at the right) to see whether they can provide any help. Good luck, Jason
Hi Jason,
if there is an error in the name on the EAD application do you think it is going to affect on the processing time I mean it will cause more delay?
It might – I would not be surprised if they request additional evidence, and this can cause delay. Good luck, Jason
Hi Jason. Does age have anything to do with EAD if it is delayed? I mean young aged aslylees may get the EAd faster than the asylees over 50.
I have never heard of such a things, and I highly doubt age has anything to do with it. I do think some people are luckier than others, but in general, many people seem to face EAD delay these days. Take care, Jason
Good morning Jason,
my EAD already passed the 90 days, I have not received any update.
it is based on pending asylum case.
last update was 8/5/2015. we did fingerprints 2 months before filing it.
WHAT can we do? any help will be appreciated.
You can call the 1-800 number on the USCIS website for a start. You can also email the Ombudsman. My guess is that it is just a normal delay and you will receive the card soon – many people are experiencing these delays and there is not a lot you can do about it. Good luck, Jason
thank you for your reply, could you tell me how long we will wait?approximately 1 month?
You should get it soon – we have had many people wait 4 months, so hopefully you will not wait any longer than that. Good luck, Jason
thank you Jason for your helpful website we finally got our EAD after waiting 102 days.
Hi Jason thank you for your updates, i was wondering why my EAD is taking so long, they recived my I-765 on may 11, i already did the biometrics on june 6 and i dont have an update for all this time.
Also they asked more evidences of prove of income for my i485,they received on aug 28 and so far no EAD or or interview appointment in my mailbox.
I was wondering if the EAD can be delay because they asked for more evidences since my husband is a realtor and his salary is commissions (what is not have being a problem so far 🙂 .
I already called there last month and they told me would send me a letter with an update of whats is going on but so far, nothing, im sure they have my right address . We have a baby and i need to work i just dont understand why for me is being a hard time. Thank you
I have no idea – it sounds like your EAD is based on a green card application (I-485), and sometimes if USCIS needs more evidence for the green card, it causes an EAD delay. So the sooner you respond to the request for evidence, the better. Good luck, Jason
hi Jason,
I suppose to receive my EAD soon, but there is no update since 8/5/15.
Is the backlog still causing this delay?
I have recently been hearing about delays with first-time EADs. If you have the receipt and did the fingerprints, you should be on track. Hopefully you will get it soon. Take care, Jason
Thank you for prompt reply, this is my 4 the EAD. Yes I did fingerprints 2 months prior to submit my application. I hope I will receive it soon because I am working now and don’t want to loss my job.
Hi Jason. If I apply for Temporary Protective Status (TPS) does it hinder my case? I read the TPS but could not understand how useful it was? Could you explain to me in brief and does it expedite the interview? Thanks a lot.
The only effect TPS will have is if your asylum case is denied. If you are out of status and denied, your case will go to the Immigration Court. If you have TPS and are denied, you will receive a letter explaining why the case is being denied and you have 16 days to respond to that letter (and convince USCIS to grant your case). If your case is still denied, you will not go to court. You will just be in the US on TPS status. Other than that, TPS should have no effect on your asylum case. Take care, Jason
Hi again Jason
Dear Jason I have received my denial letter last week and unfortunately they pick on my signature in form i765 and additional evidence too .
Now they asked me to fill out form i290b that’s really complicated and as well as super expensive . So how can I do for that ?
Somewhere I’ve heard I can refile form i765 . Is it right !
Hi again
Thanks Jason for help .
Dear Jason I’ve received my denial letter that say your signature was inappropriate for form I765 and additional evidence too . So unfortunately I got misunderstood at that time and however it happened . In my denial letter they wanted me to fill out form 1290b and use motion . But I’ve heard I can refile form i765 again because process of motion takes long time and it’s kind of super expensive that I can’t afford it . What should I do ? Please
Any advice is appreciated .
I really can’t advise you without seeing the letter, but in general, if a person files the I-765 and makes a mistake that causes it to be rejected, it is better to file a new I-765. The appeal is usually very slow and a waste of money. If you are not sure what to do or why it was rejected, you can always consult with a lawyer to be safe. Good luck, Jason
Hi again
Can I apply for interim EAD ?
Actually I extremely need my Ead for many reasons .
Thanks
If you are applying for an EAD based on asylum, you must wait 150 days before mailing the application (after you filed for asylum). Maybe you can find some other way to obtain an EAD in the mean time, but I do not think there is any easy way. Good luck, Jason
Hello
Please help me
I applied for EAD on 08/03/2015 after 152 days of filing . Next week I got a receipt letter and then I received a letter in order of additional evidence which they wanted just two passport photo . I sent them out and USCIS got it on 08/26/2015 so there was no action until today that I checked USCIS website and I was denied . I really don’t know what to do ! I have realy firm case and I’m very nervous .
You should receive a letter explaining why the case was denied – once you have it, you can hopefully address the problem. Good luck, Jason
Hi Jason,
I recently applied my initial EAD in Virginia and was wondering how long it takes to get the EAD nowadays . I checked on the USCIS Website for processing times and it states that initial application for EAD for pending asylum cases take 3 weeks . Is that so or does it take longer ? Thanks for your help .
We’ve seen them take anywhere from one month to three months. Sometimes, if there is a problem, it is slower, but that is the normal range.
I was apply asylum on
December 2014
January 2015 interviewed asylum officer
February 2015 get granted first step
February 2015 revered case to the immigration court
August 2015 master hearing calendar
January 2016 individual hearing
So My question is can I apply work permit
My attorney told me that I have to wait 150 days from the date i was submitted I-589 and I was submitted when I went master hearing on August 2015 so that means I have to wait until my case is finish
If you applied for asylum in December 2014, you should have passed the 150 day time period a few months ago. There is an easy way to check. Call 1-800-898-7180 and listen to the message. Type in your Alien number (your A-number) and then hit 2; it will tell you whether the clock is running. If more than 150 days have passed, you can apply for the work permit.
hi Jason,
we filed our EAD in JULY, we received the notice of action, when I check my status through uscis web site doesn’t give any further information other than we received your case, last year was different
HOW can I know the updated in my case?
thank you in advance.
There have been delays for renewing EADs and it often takes 3 or 4 months (sometimes more). You can track this online or call the customer service number (listed on the uscis.gov website), but there is not much else you can do given that it’s been less than 2 months since you filed. Good luck, Jason
Hi Jason. I have now completed 150 days and would like to apply for EAD. I asked my lawyer and told me that after I submit for EAD it will take something like between 8 to 10 weeks until I receive the approval for EAD. I think he is correct. Secondly, if I do it through my lawyer would I get my EAD anytime sooner?
It is no faster or slower to use a lawyer. A few of our client recently have received the EAD after about 1 month; but generally, it seems to take between 2 and 3 months.
Thanks. I have already submitted application for EAD. I heard from some friends that in order to get approved for EAD the Immigration office will request a second finger prints. Is that correct?
Hi Jason. If I apply for Temporary Protective Status (TPS) does it hinder my case? Secondly do I get EAD faster or will I be called for interview faster? I just heard today the TPS and need to know more. What is the TPS useful for? Thank you very much.
TPS allows you to stay in the US for the length of the program (presumably until the crisis in your country has ended). It should not make your asylum case any faster or slower, and it should not affect the result of your case. Take care, Jason
Hi dear Jason
I applied for asylum in march 2015 in Los Angeles asylum office and I have not received any interview letter. I’m living in bad situation and I sent a hardship letter to asylum office and ask them to expedite my Interview. They said that due to priorities and increased workload, we remain unable to provide you with estimated interview date. I’m thinking on “writs of mandamus” in two or three months. How do you contend about this regarding these priorities and workload? would it be workable?
Thanks for your honest help.
I think it will be difficult to succeed on a mandamus where you have not yet been interviewed (since everyone is having the same problem). I listed some ideas to expedite on February 26, 2015, but it sounds like you have tried the main ideas, and they did not work (not too surprising, as it is very difficult to convince them to expedite). You should talk to a lawyer before you file the mandamus, as there are some preliminary steps you need to do before you file. It might work, and depending on your situation, maybe you want to try. If you do try it and have some success, please let me know. Good luck, Jason
hi,
i am an asylum seeker waiting for my interview in California state(San Francisco), with EAD received recently.I hold bachelors back home,what is my status considered if i am to apply for higher education are there any benefits like any grants? or health insurance do i qualify for Medical?
I do not know of any benefits, but you would have to talk to the school, as there are all sorts of fellowships available, and maybe there are some for asylum seekers. As for health insurance, I do not know. You can contact your local branch of Catholic Charities and often they can advise you about benefits.
Hi Jason
thanks for you great blogs and information
Jason recently I got Misdominer ticket (California Pc 244) because of pepper spraying someone for self defense, and police officer gave me a ticket
is it going to affect me getting EAD card ?
some points should be mentioned about my case !
1: police officers got a wrong name in the ticket, so its different from my name and the one that I applied for EAD.
2: I talked to an attorney and they checked, there was nothing on my record, but my question is, is it going to be on my record because I did not get arrested and they just they gave me a ticket ?
You must reveal any arrest on your asylum application, so you will need to tell this to the officer at your interview, and also bring copies of all documents. I do not think it will affect your EAD, however.
Hi Jason,
I have filed for asylum from Michigan in April 2014 and and gave finger prints two weeks later. I haven’t heard anything from asylum office after that. How fast is the Chicago Office? From which month the Chicago Asylum Office are scheduling for interviews now? Based on information you have, when do you think they will send me an interview appointment letter?
I appreciate your help!
Chicago is currently interviewing cases filed in about June 2013, so you still have some time to wait. How long you will wait, I do not know. Good luck, Jason
Hello,
Jason, do you know what cases, from which month the Airlington VA Asylum Office are scheduling for interviews now? I applied in March 2015, nothing yet.
Also, THANKS A LOT for all your work of keeping us posted of what is going on with the “backlog” and all the information you give us!!!!
Best regards!!!
They are currently interviewing cases filed in about August 2013, but right now, they are moving very slowly. Hopefully by next month or September at the latest, they will start moving faster. Take care, Jason
Hi Jason,
Thank you for this wonderful blog. I am a physician and has applied for asylum. Do you think the fact I am a doctor residing in a state where there is physician shortage, it somehow increases my chance of getting an asylum especially if during the waiting time, I start residency training and and become active in the community?
Under the law, it does not matter. However, a human being will make the decision, and often it helps when the applicant is a good person. So the technical answer to your question is “no, it does not matter” but in reality, it may help you. Good luck, Jason
if someone wants abandoned asylum and return home how will he do to pay the ticket if not money …………….. …….. because I feel abandoned and even alle die at home because it’s too streessant this story and children each wondering if I would see him when with this lenterne asylum office for one year and soon no hope
We have had some client decide to leave because the wait – and separation from family – is too long. It is a very sad situation. I wish you good luck, whatever you decide. I did list some ideas to try to make the case go faster in a posting dated February 26, 2015. Take care, Jason
my question was how to make a return Proceed as jesuis b1 came with a visa that has already expired and my flight ….. in this case what should I do to return to my country because I prefer to go finish my last days there instead of living in this stress permenant
I am not sure whether I understand the question, but if you want to leave the US and abandon your asylum case, you can do that. You can leave any time. It would be a good idea to inform the asylum office that you left, but legally, you can leave whenever you want.
Good day Jason,i applied for my Ead and its been 2mths,and going on 3mth,i have already put in a service request and got a reference number,and email Texas service center,what should I do?My 3mths is almost near and no notice have been changed or decisions made.
EAD renewals are generally slow and often take 4+ months. There is not much you can do that is effective. If it is a first time EAD, usually it comes in less than three months. You can try contacting the Ombudsman, and they might help (eventually). Probably, though, it is just a normal delay and you will receive it soon. Good luck, Jason
Hello,
Jason, do you know what cases, from which month the Newark NJ Asylum Office are scheduling for interviews now? I applied in May 2013, nothing yet.
Also, THANKS A LOT for all your work of keeping us posted of what is going on with the “backlog” and all the information you give us!!!!
Best regards!!!
Newark is interviewing cases filed in about January 2013, so you are getting there. Good luck, Jason
hi there i want to you something
about wining the asylum if i win the asylum can i sponsor my father and mother
after wining the Asylum and who long do you think it will take
thanks ^_^
If a person wins asylum, he can only sponsor a spouse or minor child. If you eventually become a US citizen, you can sponsor your parents. That takes a long time, so it might be worthwhile speaking to a lawyer to see whether there are any other options for them to come here. Good luck, Jason
hi i want to thank you for everything
and just asking about Arlington VA interview
thanks
Arlington is currently interviewing cases filed in August 2013. We are about to post an analysis of the cases at that office if you are interested. It should be posted today or early next week.
Hi
Do you know how long do i have to wait to get interview in sanfrancisco office? I aplied in april 2014.
Thanks
San Fran is currently interviewing cases filed in about June 2013, so you still have some time to wait. Good luck, Jason
Dear Mr Dzubow thank you so much for giving us comforts during this very difficult situation.
I applied for asylum in Chicago with my wife and 2 children in February 2015. We did just biometrics. We are afraid we will have to wait years and years before just interview.
Do you know which case date are currently interviewed by Chicago asylum office?
Thank you so much for all your hardwork.
The Chicago office is currently interviewing cases filed in about June 2013, but we cannot predict how long it will be until your interview. I would be very surprised if it was less than 6 months. Good luck, Jason
Mr Dzubow thank you much for taking time to answer my question. Even though it is a very long period of wait at least I have an idea of where I stand.
Have a wonderful day.
Hi Jason,
The post above address the process to basically get an interview. In my case, I had an interview 1.5 years ago and never received a decision. Do you think this is unusual is due to the large backlog?
We have seen this and it is a problem. I think it is related to security background checks, but we really do not know. There is not much you can do about these delays, but maybe try the Ombudsman. Good luck, Jason
Hi! Thank you for your information. It means a lot to us. Do you have the latest update of LA office? Which month and year does LA office interview now?
That is the one office that I do not have the month. I know it is interviewing cases filed in 2012. Maybe if someone from LA sees this, they can let us know.
From where your sources are coming from? Don’t get me wrong. Cause once you said Miami asylum office interviews cases from March. then you said February. I was just wondering.
Mr r, your post is very disrespectful. You can take the information you are given or you can simply go elsewhere. After all, no one obliged to take your time and connect to this informative website.
The date I have for Miami is February 2013, but I got that date from someone in the government in early May 2015, so I figure Miami is probably closer to March by now.
Thank you for your blog, Jason! Any idea which cases are being looked at for Seattle? Thanks and appreciate your help. I applied on Aug 2013.
Your main office is San Francisco and they are interviewing cases filed in about June 2013. Seattle is a sub-office, and so they are probably slower, but I have no information about that. Good luck, Jason
hello,
As i heard from one of my friend which went to LA office for asking about his case, there is a big backlog in LA office and currently they are interviewing September 2011, as the asylum office told my friend they are counting 1000 days for his case,
i hope my friend understand it well but it looks like between 2011 and 2012,
i filed in feb 2014 and had my interview in march 2014 until now i did not received my decision so i did try Ombudsman, and also i did writ mandamus, the court give time till December 4th, so i dont know if USCIS will answer till that time, and not sure if USCIS not answer what will happen, its really stressful and long wait,
wish you good luck and hope you will get an answer soon!
Please let us know what happens with the mandamus – and Good luck, Jason
Hello Jason
thank you so much for the efforts and hard work you’re putting in here to help myself and other asylum seekers like me , my question is I just have my bio metrics taken today so how long shall I wait before I may ask USCIS officers to expedite my case , I have my wife and two kids aged 6 and 5 still in my country and I’m deeply concerned about their safety
You can ask immediately, but you must submit all the documents and evidence before you ask to expedite. Unfortunately, most expedite requests are not successful, but there is no harm in trying. Good luck, Jason
Dear Mr. Jason
I and my wife applied for asylum in February 2015 in Houston , Tx
we also done with the finger print in the same month ..
I want to ask you if you know any thing about the interviews waiting time in Houston asylum office , cause we still waiting for our interview , also my wife gave birth here in the US two weeks ago and i wonder if i could update our asylum case so we add our newborn to the case , and is there any benefit of that ?
thank you for help
Best regard
You can update the asylum form at the interview, and you could also submit evidence of the birth (like the birth certificate) prior to the interview. Texas is currently interviewing cases filed in April 2014. Take care, Jason
Thank you Mr. Jason for your quick reply..
Hello Jasson,
Thank you for the information you have been giving us which are really helpful.
I already submitted my application before may 2015 in Texas and I am waiting for the interview. I was wondering whether I can have my drivers license while my application is pending. I was also wondering if I can have insurance for driving during this time since I need to have one.
Thank you very much
You have to check with the state DMV to see whether you can get a license. Also, they can tell you about insurance, but I believe if you drive in the US, you are required to have insurance.
Thank you very much!
https://www.txdps.state.tx.us/DriverLicense/ApplyforLicense.htm
check with the above link bro
Thanks so much for this information. Great detail and very helpful.
Best,
Deb
Hello Jason. Do you know the time for get the (c) (8) EAD? We already sent the aplicattion.
Thank you
Normally, for a first time application, it is 2-3 months, but recently someone got it in 30 days. Renewals seem to take longer.
hey bro
if you sent all the document needed, it took 40-45 days.
good luck.
Hi Jason, thanks for this update. I will definitely try to use ombudsman option and share my experience. Currently I am awaiting my decision since January 2015. Question is; my home country passport has expired, can I get it renewed through my loscal embassy here in LA or is there any legal restriction on that. I wanted to get it renewed to use my passport as an ID dealing with different organizations. Thanks
Sometimes, the US government does not like when a person renews his passport, as you are having contact with your government. That said, none of my clients has ever had a problem related to this, but if you are concerned, you should talk to a lawyer before you renew.
thanks Jason for all this updates..
I did the asylum interview as dependent on my spouse asylum case one month ago.. and now I am only one who got request for re-interview for eligibility to grant asylum?? what does that mean?
I mean re-interview eligibility for asylum (form i-589)… thanks.
I have not seen that before – maybe they are interested in some aspect your background – did you perform military service or ever have any combat training? Did you ever misrepresent any information to the US government? Or maybe it is something else. If you are concerned, you should contact a lawyer for help.
thanks Jason
as you mention I have military service in my home country, so may be that’s why?
I told about that before and give all the truth.
Even if you told them about it, that could be the reason for the delay. Of course, it might just be general security background checks also.
Hi Jason, I was wondering on the legal basis if I moved from NY to Puerto Rico While I’m still pending asylee, is Puerto Rico ok to move to? I’m completely aware of the delays, but can I move there if I’m still not legally authorized to leave the US… Thank you for your constant support, U R the best
As long as you change your address, I do not see why there is a problem. The Asylum Office for Puerto in Miami.