My associate Ruth Dickey continues her review of data from our cases filed at the Arlington Asylum Office. She reports her findings here:
One of the biggest sources of client frustration is delay after the asylum interview. Clients are often separated from family members who remain in danger. They feel as though the future is uncertain, and they see no end in sight to their ordeal. The lack of a final decision is stressful and depressing.
Attorneys also face stress and extra work due to delayed decisions. For example, we repeatedly contact the Asylum Office about our clients’ cases, we answer client questions, and we renew employment authorization documents. We have resisted charging more money for this extra work, but it makes operating a business very difficult. Also, we have almost no power to make the decisions arrive faster, and so we feel the stress of our clients’ frustration without being able to do much about it.
Looking at data from 136 of our cases—filed in 2013 and 2014 in the Arlington, Virginia Asylum Office—we can see that about one-third of the cases have been interviewed but are still awaiting decisions. The charts below compare cases filed in 2013 with cases filed in 2014:
The Arlington Asylum Office is working through cases filed in 2013. But unfortunately, it is moving very slowly—we currently have no cases scheduled for interviews in Arlington.
The Asylum Office generally has a goal of issuing its decision two weeks after the interview takes place. Our data shows that they usually do not meet this goal. Of our interviewed cases, only about 1-in-5 applicants received a decision within two weeks of the interview:
For clients who have been interviewed and have received decisions, wait times vary widely. The median wait time for 2013 and 2014 cases was 34 days – but ranged up to 719 days (and keep in mind that this does not include data from people who have been interviewed and who are currently waiting for a decision). The following chart shows the wait time until a decision was made, by interview date:
Of course, dozens of our clients have not gotten decisions yet, and so we do not know how long they will ultimately wait.
As the next chart shows, we currently have several clients who have been waiting over a year for a decision, and a few who have been waiting for more than two years. If these clients’ information were added to the chart above, it would tell an even more dismal story since they have already waited far longer than the median wait time for cases where a decision was issued.
Lastly, let’s look at recommended approvals. Recommended approvals are issued in cases where the Asylum Office is convinced that a case meets the standard for asylum, but the background check is not yet complete. People with recommended approvals can apply for employment authorization, but cannot sponsor their family members who are waiting to join them in the U.S. The following chart shows how long our clients have waited from the date of the recommended approval to the date of the final decision (never mind how long they might have already waited to get the recommended approval). Information about people who have received recommended approvals and who are still waiting for their final decisions are also shown in the same chart:
Despite making numerous inquiries about our pending cases, we have never received a specific answer as to why delays occur. Usually, the Asylum Office informs us that the delay is due to the security background check. However, it is unclear why the background checks take so long for affirmative asylum seekers, but do not cause delays for other applicants seeking benefits from USCIS. Interestingly, asylum seekers in Immigration Court do not face these types of delays either, even when they come from conflict zones or countries where terrorism is a concern. Only affirmative asylum seekers seem subject to these inordinate delays.
Can we draw general conclusions about the operation of the Arlington Asylum Office based on our data? It is difficult to say. Many of our clients come from places like Afghanistan and Iraq, where security-background-check delays are more burdensome. Also, our sample size is relatively small. Nevertheless, our findings comport with what we hear from other attorneys and applicants with cases in Arlington (and other asylum offices).
Since the backlog began in 2013, the Asylum Division has been working to improve the situation by hiring more officers and modifying some of its procedures. We are hopeful that the asylum system will continue to change to better meet applicants’ needs. Until then, we will continue to analyze data from our cases.
based on your experience , why do you think the SF asylum office has a high rate of approval ?
based on the asylum office workload of the last 3 years the SF office has an average approve rate of about 79% of interviewed applicant , comparing to NY for example which denies more than 50%
I do not know why grant rates vary so widely. There is an article (and maybe a book too) called Refugee Roulette by Phil Schrage that discusses this problem – and it is a problem. I am also curious where you got the statistics. Take care, Jason
i got them from the asylum office workload documents published quarterly by the USCIS .
example
http://www.uscis.gov/sites/default/files/USCIS/Outreach/Upcoming%20National%20Engagements/PED-Asylum_Office_Workload_June_2015.pdf
i excluded cases with no show , no fingerprint a refereed without interview and filing deadline referrals.
Yes – I think that is the only way to find those stats. It would be nice if USCIS put them together, but so far they have not. One thing about the Texas office – one reason that grant rates there are lower seems to be because they have many cases where the person fears gang violence. It is difficult to win such cases, and – according to the director of the Texas office – helps to explain the lower grant rate there. Take care, Jason
I did my interview in Feb 2015, No answer, when do you think that they going to decided. do they have time table for the answer ?
Unfortunately, there is no time table and we have had many cases take over a year. Typically, they are from Muslim countries. Non-Muslim countries tend to be faster. You can always inquire about your case to make sure nothing is wrong, but my guess is that it is a “normal” delay and you will have to wait. Take care, Jason
Hello Mr Jason,
as i was checking my Z number before it showed invalid, but today 12/09/15 i checked and it said:
On December 7, 2015, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization , Receipt Number Z### We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by January 6, 2016, please call Customer Service at 1-800-375-5283.
i did not apply for EAD cuz my EAD is still valid, but i had my second fingerprint on December 1st and also i did writ of mandamus on july 2015, so is that mean my case got approved?
filed: Feb 2014
fingerprint complated
March 2015: interviewed
writ of mandamus : July 2015
second fingerprint: November 2015
thanks once again, when i get the mail will share it on here
filed: Feb 2014
fingerprint complated
March 2014: interviewed
writ of mandamus : July 2015
second fingerprint: November 2015
Interesting. Sometimes, one thing happens (like a decision) and another thing is posted on the internet (like EAD information). Hopefully this is a good sign, but I really have no idea. Please do let us know if you get a decision. Good luck, Jason
Thank you Mr Jason,
Differently I will let you know and post here I think I will receive the mail by tomorrow, a decision or something related to EAD
But most likely could be decision
Thanks!
Good evening Mr Jason,
Good news, today I received my grant so happy,
I filed my case in February 2014 in Los Angeles CA,
Interviewed on March 2014, the interview was good as I had sting case and all necessary document and recomandations,
AO said will mail the decisions,
Waited till July 2015 after several inquiry
In July 2015 filed writ of mandamous
A month later received later from district court that they received the case and assigned to a judge,
October 2015 received anther letter for extension for 2 more months until 4 December , no more time will grant as the judge ordered
4 December granted
Received the package today December 10
Thank you so much mr Jason for helping and advising asylum seekers here and I learned many things here,
I wish all those that waiting for thier decisions and new seekers good luck it’s a long wait but be petition all be good at the end
Thanks once again
Congratulations. It makes me think we should be filing more mandamus cases. Good luck to you in the USA, Jason
Thanks Mr Jason,
You know better in these matters, I think in some cases which are strong without any problem or something it’s a good way ( mandamous) and it can expedited the case for the decision
But it has risk too maybe positive answer or negative
But spending little money is worthed than to wait and wait
Asylum seekers should think before they do the writ of mandamous if they case is good and strong and they feel to file the complaint, then they should go for it,
Thanks once again and good luck to all here
I hope one day all people will live peacefully in this world
And there will be no more war or fighting that makes people to leave their homeland and beloved one behind
Wish every one here good luck and hope to hear soon they gets their approval, (and don’t lose hope )
And thanks United States for helping and accepting those people in need of safety and protection, also thanks from USCIS (Asylum officers) for thier hard work on immigration case’s.
New beginning, new life, and bright future
Please Sir
What is the (writ of mandamous) in asylum case ??
Best regards
I did a post on February 26, 2015 where I discuss this a bit. It is basically a lawsuit against the Asylum Office to force them to decide the case. Take care, Jason
Hi
Sorry if I re ask about my case but in 11/16/15 we received new refingerprint but gust for my dought 5 years . We received on 09/23/15 recommended approval and on 09/ 23/ 15 we received refingerprint for my wife and son & dought :the case on my name plz if can help us about if you know why we refingerprint and is this action is good or no ??
Thanks for help
We have seen fingerprint appointments quickly followed by a decision, but sometimes, there is a fingerprint appointment and then nothing happens. Hopefully, you will get the final decision soon. Take care, Jason
Thanks
Thanks for your answer I will till all when I get the approval sooner ( I hope )
2 monthe go i do fingerprint steel waiting way way way you can teelme
On the right side of the web page is a link to the Asylum Office Scheduling Bulletin, which will help give you an idea of the wait times in each asylum office. Take care, Jason
Hi Jason. I filed an I-589 application, USPS Tracking indicates that USCIS office got in on, 09/15/2015, but i have not get any notice from USCIS, any receipt, any fingerprints notice. I think by this time I should have gotten any notice. I check the shipping address to Texas USCIS Service Center that is where correspond to my application since I live in Orlando, Florida. I also Check my address in the application and it is ok. What you I do? Thanks in advance.
Florida canes are sent to the TSC. That office is pretty awful, though. If there are small mistakes (or even non-mistakes that they incorrectly believe are mistakes), they will reject the application. It could take more than a month to get it back. We normally get the receipt in 3 or 4 weeks, so hopefully you will get it. If not, you can try to re-file, or you can do a freedom of information act request (FOIA), but that takes some time. Good luck, Jason
Thank you Jason. When you said “re-filed” you mind a new one or a copy of the already sent with a cover letter explaining the situation?
You will have to send a new one with a new signature (they need original signatures and photos). You should tell them that you already sent a copy.
Thank you Jason, do you think they will consider the original dates o I should request it?
I highly doubt the receipt will reflect the original date, but when you go to the interview, you can show the officer evidence of the filing date. The only reason this would matter is if you have a one-year-bar issue.
Hi
I recived recommended approvel on 9/23/2015 as well as 3 finger print notices we went to finger print office to do finger print they inform us two they need to refinger print one not need because his information on system ?? Plz what happen to our case is or final approvel are soon or what ,, thanks for help
I do not know. Sometimes there are problems collecting fingerprints (for example, the fingerprint scanning machine does not work), so maybe that is the issue. If they want you to be re-printed, you should do that. Sometimes–not always–people receive a final decision shortly after they do the fingerprints. Good luck, Jason
Thanks for answer
Plz if the fingerprint officer informed us not need the re finger print for my wife because his information in system . only finger print office did finger print to my 2 kids this is ok? No problem or any delay for or case because my wife not do did finger print ? Sorry for long letter if the date for recommended approval same date for finger print 9/23/2015 is this action will help us to received final approval soon ??
Best regards
Hopefully, the fingerprint person is correct. Usually, they are, but I really do not like when they make decisions like that. They should just take the prints and be done. As for getting the final approval, sometimes people who get printed do get the final approval quickly, but not everyone. Take care, Jason
Thanks for help
I applied asylum November 2014 to Arlington office. I heard that this office has a number of pending cases but the good news I heard to moving fast the office recruiting new asylum officers. However the cases still going slowly. due to this factors my family have big problems in my homeland. I could not back to go home due to fear. So what do you advice me to expedite my interview? Or the new scheduled program give priority for family members? Please give me your advice.
Thank you
It is very difficult to expedite cases in Arlington. I wrote a posting on February 26, 2015 where I listed some ideas. Hopefully, you will have some luck. Take care, Jason
Hi Jason,
First of all, I would like to thank you for your extraordinary effort to keep us updated and answer our questions individually. I do have one important question to ask. I came here on a student visa (F-1), and latter my families joined me. My wife applied for asylum (me included in her case in March 2014). My wife got EAD, SSN and we are awaiting for interview notice from USCIS. I am still in school, may be two more years to go. Since I am on a student visa I can not work outside of the university unless it is summer. On the one hand, we are now thinking of applying for my EAD so that I would work at least part-time until I finish school. On the other hand, I am planning to go back home for research (data collection) purposes. Would applying for EAD affect my re-entry to the US? What do you advise me? Thank you once again
You should talk to a lawyer – your return trip could adversely affect your wife’s asylum case. I do not think the EAD is the issue, but returning to your country may be an issue. Good luck, Jason
Dear Jason,
Thank you for your advice. I will definitely consult a lawyer before I make my decision.
Is it still okay to apply for EAD with the status I have (F-1, though long expired)?
Thanks again
If you applied for asylum over 150 days ago, you should be able to apply for an EAD, regardless of your prior F-1 status.
Hi I have applied for Asylum December 17, 2014 at Los Angeles office. Do you predict the time frame when I will be called for interview? Cause my family in my home country & I can’t go back to my homeland due to the fear. My family is in really in trouble now. Could you please advice me what can I do now??
I did a posting on February 26, 2015 with some ideas to expedite the case, but it is difficult to do that. The LA office is the slowest in the US (currently processing cases from August 2011), so you probably have a long time to wait unless you can get them to expedite. Good luck, Jason
Hi. Jason. Thank you for your timely reply. I thought you mentioned that LA is currently interviewing Cases filed in 2012. Is it 2011 or 2012? Thank you!
We now know that it is August 2011. Ugh.
Sir jason
if I change my address residential, but in the same state Are delayed the interview process?
As long as you remain at the same asylum office, it should not delay the process. Some states (for example Pennsylvania and California) have more than one asylum office, so you need to check the asylum office locator to be sure.
Hello Jason,
Could you please tell us how approval rates received withing 2 weeks compare to approval rates received in more than 2 weeks. Are they somewhat similar or different?
We have not analyzed that, but I do not think there would be much difference.
Dear Jason
Thanks again and again for giving us more information and keeping us updated , god bless you
We’ve heard for more than seven months that the Arlington office has been appointed new officers in the Office of Immigration to speed up the work, and so far nothing new happens Arlington office is still turned off in the foreground cases in the month 8/2013 They took a longer time in the month of 8/2013 did not find analysis Therefore ,, Can you find a logical analysis of the delay in the month 8/2013 knowing they added new immigration officers since the beginning 2015
They have been adding officers, but other officers are leaving, and so I am not sure if there was much of an increase in the number of officers. I suspect that the current delay at Arlington is due (once again) to large numbers of asylum seekers arriving at the US/Mexico border – officers from Arlington and everywhere else are focusing on those cases first. Once summer ends, the number of people coming to the Southern border usually goes down, and things speed up at the asylum offices. We’ll see if that happens this time.
Hey Jason Thank you for all the updates you give us every month. it is really hopeful that at least people like you care about our cases and give us helpful information. My issue is I applied for asylum on January 2013 at the Arlington office and as I can read the Arlington office is moving slow on the backlog cases and still there is a lot of time lap when you renew your EAD card which risks your job and driving license. Can you estimate when my case will be conducted by USCIS since they didn’t release the time frame they said they will release on May and my other question is I applied for asylum in Virginia on Jan 1 and if I moved to Atlanta, GA which its Sub office is in Virginia for work purpose for a little period of time, can i still be interviewed in the Virginia office or they will inform me my case should be seen in Atlanta or it doesn’t matter at all since its main office in VA? Thank You for everything you’are doing for us who are seeking protection in the united states!
Arlington is currently interviewing cases filed in August 2013, so if you did not yet receive an interview, something might be wrong. I recommend you contact the asylum office to ask them. You can go there in person any Wednesday morning to inquire. As for moving to Atlanta, I do not know whether there is a sub office that handles the case or whether you will still be interviewed in Arlington. If you inquire about your case status, you can ask them about that too. Good luck, Jason
Please can you give me numbers to call san francisco asylum office i am waiting the decision about 16 months thank you
If you Google “asylum office locator” you will find links to all the asylum office web pages. Good luck, Jason
Any news on the pace of the Los Angeles office? If they are still interviewing mid-2012 cases, will it take another 2.5 years from now to get to end of 2014 cases? Does it take a year to clear one year of a backlog?
It does not necessarily take a year to clear one year of backlog – for example, in our office, most 2014 cases have already been completed, so it should not take a year to do the remaining cases (hopefully). LA is currently interviewing cases filed in 2012, but I do not know the month. Take care, Jason
I have been waiting to have interview for 3 years , My asylum office is San Fransisco, I applied for the 3rd EAD card just on 91st day,its 2 weeks and I have not heard from USCIS ,I am very confused my employer gave me 2 months to summit the card. I personally think USCIS needs to solve the 1 year EAD issue , I am almost giving up on my asylum claim 3 years is just too much for me to wait
Three years is too much – it is really awful. My understanding is that San Fran is currently interviewing cases filed in about June 2013, so if you have filed before that something may be wrong and you should contact the asylum office and/or the Ombudsman to inquire. Also, there are delays for people renewing EADs; USCIS should change the EAD to 2 years or just make it last for the duration of the case, but so far that has not happened. Good luck, Jason
i have a client still waiting for a decision 29 months after his Arlington interview.
It’s pretty disheartening. I am still waiting to hear a decent excuse for these inordinate delays. Take care, Jason
Hi Jaosn,
Thanks for your posts. I had my interviewed more than 40 days ago and I still have not had any answers. During the interview the officer gave me her ZAR number and 2 weeks ago I called and left her a voice mail. do you recommend I do that every month or 3 months or basically what are your thoughts on this type of communication?
When did u applied?
I applied in June 2013. Best of luck to you
I think there is no correct answer. Some people like to call frequently; others think that bothering the officers is not effective. I personally do not like to call them to inquire about the case, as I think it is not effective. However, I think if you call every few months to inquire, it is not such a bother. Good luck, Jason
I impatiently visit your website everyday to read uptodate articles.Thank you so much for keeping us posted.I hope we receive a response soon as you mentioned above our families are back in danger.