In November 2012, we received a “recommended approval” from the Asylum Office for one of my Afghan clients–we’ll call him Dave, though as you might guess, that is not his real name.
We were pleased with the news. Dave had worked for the United Nations and as a contractor for USAID- and NATO-funded agencies in Afghanistan. The Taliban became aware of his work and threatened him. They contacted him by phone. They said he was an infidel and an American spy. They told him, “We are watching you. We know everything about you and your family. We know where you are.” A bearded stranger approached his children after school and tried to lure them away from their classmates. The threats escalated and so Dave decided to seek asylum in the U.S.
Dave had a United States visa, but his wife and children did not, so he came alone, in the hope that this would end the threats and that his family members could follow him later.
In those days–before the asylum backlog–cases moved more quickly. We filed the case in September 2012. Dave was interviewed the next month and received his recommended approval in November. So far, so good (but as Megadeth might say, “so what?”).
But what does it mean, this “recommended approval?” A person receives a recommended approval if the Asylum Office has determined that she is eligible for asylum, but for some reason the decision cannot yet be issued. The Asylum Office generally won’t give the reason why they cannot issue the decision, but in most cases, it seems to be because the security background check is not complete.
So what is the “security background check,” you ask. Every asylum applicant has their biometric and biographic data checked against several government data bases to determine if they might be terrorists or criminals. While these checks never seem to cause delay in Immigration Court cases (defensive asylum cases), they can take a long time for Asylum Office cases (affirmative asylum cases). Why is that? I don’t know. I asked once at a USCIS meeting, and they said it was because there are different checks at the Court and at the Asylum Office. I’ve never found anyone who could explain why the two agencies (DOJ and DHS) use different background checks, and because security issues are hush-hush, I doubt I’ll ever get a good answer on this point.
So Dave’s case was delayed while we waited for the final approval. In those pre-backlog days, the one benefit of a recommended approval was that the applicant could immediately apply for an EAD–an employment authorization document. In general, if an asylum applicant does not have a decision within 150 days of filing, he can apply for an EAD. With the current backlog, nobody gets a decision in 150 days and so everyone applies for the EAD. Prior to the backlog, many people received decisions in less than five months; others–like Dave–received a recommended approval in less than 150 days. Such people could immediately apply for the EAD. Dave applied for his EAD.
For asylum applicants with a recommended approval, the worst part about waiting is the uncertainty. When will the Asylum Office issue the final approval? Might something change so that the case is denied? For people separated from family members, the uncertainty and loneliness is extremely stressful.
As the months passed, our initial happiness with Dave’s recommended approval began to fade. When would the final decision come? I periodically made inquiries to the Asylum Office. We never received a substantive reply.
Then Dave’s wife got sick. He was worried about her, and worried about his children, but he decided to stay in the U.S. and hopefully get a decision soon. More time passed.
A year after we received the recommended approval, one of Dave’s children became seriously ill. We notified the Asylum Office and again requested a decision. We got no response. But Dave continued to wait and hope that he would receive his final approval so he could bring his family to safety.
The days and weeks and months continued to pass. Finally, as we reached the two-year anniversary of Dave’s recommended approval, he called me and told me that he had decided to return to Afghanistan. His children were suffering from health issues and he had not seen them (except via Skype) for more than two years. He was giving up on his asylum case and returning to his family, and to the danger.
So what can we learn from Dave’s story? My feeling about the whole fiasco is that Dave would have been far better off if the Asylum Office had simply denied his case in November 2012 rather than issue a recommended approval. Under U.S. law, a person does not have a duty to rescue another who is in danger. However, if a person undertakes a rescue, he is obligated not to act negligently. The U.S. has created a system for asylum. People like Dave rely on that system. In this case, the system failed Dave, and–at least for him–the lure of asylum and of safety created by the asylum system cost him and his family dearly: Two-plus years with his wife and children lost, other options for safety missed, savings exhausted.
There is an ironic denouement to the story. A few months after Dave left the U.S. and 2.5 years after the recommended approval, the Asylum Office sent a notice to get fingerprinted: “Please process the fingerprints as quickly as possible,” the note advised. Was this a cruel joke? I tried to have the fingerprints done at the U.S. Embassy in Kabul, but they could not (or would not) do it. We have still not heard from the Asylum Office about Dave’s case. I suppose it remains pending, but who knows? When last I emailed Dave (about the fingerprints), he replied, “I still have hope and… I am hopeful.”
Hi Jason thank you for your help. At April 19 I had an interview, At 05/03/2017 a got recommended approval. What you think how long I must wait. I am from Armenia Christian.
Most people from non-Muslim countries do not wait more than a few months, but it really is not predictable. I’d say that if you do not have an answer in two months, contact the asylum office to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I am very worried Jason sir,suddenly my ZSF # got active in the website and shows “Fee waived ” on may 17 after 3months of recommended approval and today when I checked it it shows “New card is being produced”.I don’t know what’s happening with my file .The Zsf # always used to show error in the site . If you have any idea please share it to me. Thanks a lot e
I don’t know, but it may be a good sign. You can try contacting the local asylum office for a status update on your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason sir, thanks a lot for all your guidance to me and all asylum seekers .I got my approval today and looking forward to serve this great nation. I would surly be seeking further guidance from you . I hope you would be there to guide us to the path.
Congratulations and welcome to the United States! Jason
Hi Jason I submitted my asylum case in November 2014 and I gave finger print December 2014 I had interviewed December 2016 and I received recommended approval I am still waiting final decision 4 months I did not recive any notice again for finger print my question is my finger print is expire or not? this is possible my background check delay because my finger print is expire
I doubt that is the reason for the delay, but you can contact the asylum office and ask about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hellow Jason, Here I have been waiting for my asylum decision for 46 days after the recommended approval from San Francisco branch.
1) So, still how long would you recommend me to wait for the decision?
2) If I don’t get the final decision even after your recommended wait time, I have thoughts about contacting USCIS by myself with the supporting documents to request upon the decision on my case and I have no clues on where should I post mail or email. Can you please guide me on it.
3) My initial EAD is expiring in September and thought of renewing it ahead of 120 days. So, if I am not in a position to pay the renewal fee for $410. Is there any way I could request the fee waiver?
Thank you for all your guidelines and time.
1 – Sometimes decisions come quickly; other times, they take many months. You can contact the asylum office and inquire about the status. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – See 1. 3 – You can request a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason
Hello Mr Jason I applied for asylum in June 2014 and had my interview on March 22nd 2017 in Newark Asylum office. Till now I havent recieve any decision.Upon inquiry on email I gota reply from office that my decision is pending due to background check. Is it a good sign or bad? I mean , will I get approved or refer to imigration court? Should I keep following up?
It often takes many months after an interview to receive a decision – sometimes it is fast, and sometimes it is slow. The response you received does not tell you anything about the chances for a successful outcome. I recommend you give them some time. Maybe wait 60 days and then inquire again if you do not have a decision. Good luck, Jason
Hello Jason, one quick question. I had applied for my asylum at San Francisco and interviewed 40 days ago. I was been recommended for approval on the case and still waiting for the final decision. I got better job offer and accommodation at Madison.
1) So, is there any chances of the case delay or risk if I move Wisconsin without changing address?
2) If the risk persist, I would change my address to overcome it. But, Is there any circumstances that I have to bear in future if I change address and live in madison such as like hiring a lawyer from which state and following up with the cases if I don’t get the final decision.
Thanking you in advance
1 – Moving should not affect the decision at this point. 2 – If you have a lawyer, you can keep that lawyer and he/she can follow up at the asylum office if there is a delay. It is not unheard of to get a second interview in the case of a recommended approval, but it is very rare. If that happens, moving the case could cause the second interview to be in the new location, but otherwise, now you just have to wait for a final approval. Take care, Jason
Jason thanks for your prompt reply.
1)I want to make sure do you mean to say that the moving without changing the address will not affect decision after the recommended approval?
2) I was been called for the interview after 10 months of my application . So, do you think the short period of interview call might have been the reason that USCIS is not deciding on my case and taking a time for it ?
1 – I think if you move and give up your old address, you have to inform the asylum office. If you can keep your old address, then you will receive any mail at that address, plus if, for some reason, they want to interview you again, it will be in the original asylum office. If you move, and they need to interview you again, it will be at the new asylum office. 2 – I do not think so, but I do not know. Take care, Jason
Hi Jason, I received recommend approval asylum letter before 3 month but still did not recive final decision if I want to change state and go another state because I have good job offer I ask you if I go other state can affect my case ?and If not effect my case I change address from immigration office or only from post office
You can do that. You may want to keep a mailing address in the old state, so that the case does not transfer to a different asylum office (normally, it would not transfer anyway, but in some cases, people with recommended approval might be called for another interview, in which case, it would be better if it was at the same asylum office). You can update your mailing address using form AR-11, available at http://www.uscis.gov, and giving it directly to the asylum office. Also, you may want to contact the asylum office to ask about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi I had interview Dec 2016 I recived after two weeks recommend approval still waiting final decision my interview had in san francisco my question when expect my final decision
It is not really predictable. It may come very quickly or could take many months. You have already waited three months, so maybe try contacting the asylum office to see whether there is an update to your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks jason
Hi Jason,
A friend of ours received an approval for asylum last month and was overjoyed unfortunately he received two letters yesterday telling him that he is place in the deportation list. What can he do. He never committed any crime. How can he be approved and be on the deportation list at the same time. Please what can he do?
I have never heard of such a thing, and I know of nothing called a “deportation list.” To be deported, you have to see an immigration judge first; the asylum office does not have the power to deport a person. I suggest you contact the asylum office and ask what this is about. You can find their contact info if you follow the link at right called Asylum Office Locator. If they cannot help you, talk to a lawyer and show the lawyer the documents in your friend’s case. Take care, Jason
Dear Jason,
Hi, i was interviewed at May,2014 and got a recommend approval at January , 2016. Until now, there is no any update information from USCIS. What will you suggeste me to do？
Contact the asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also contact the USCIS Ombudsman (a link is also at right) and they can sometimes help with a delayed case. Take care, Jason
Hello Jason,
I had my interview on January 5th, and I supposed to go for my answer on January 19th, but today we received a call from them and they said that will mail us the result of the interview. Why they do so, and usually how long takes to receive the result from them. I’m afraid to think that all of this could take in the worst situation a few years.
I had my interview at San Francisco office,
Thank you.
This is very common. I warn all my clients in advance that if they receive a two-week pick-up date, they are very likely to get such a call. It happens more than 50% of the time in my experience (maybe more like 75% of the time). There is no way to predict how long it will take. It may be days or it could be months or even years. I recommend you wait two months, and if you hear nothing, follow up with them in person or by email. You can find contact info for the asylum office if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason.
From your experience what decisions recieved people that waited to email them the decision?
No one gets an email decision. Mailed decisions are not any more or less likely to win than pick-up decisions, I think. Take care, Jason
Hello again Jason,
I stii did not received my decision, I’m waiting almoust 3 months. I went to USCIS to ask about my case and they said that they are waiting for FBI check, after that they will mail me the decision.
So what that suppose to mean, and how long it takes to them to check whatever they check?
Thank you.
It is unpredictable. You could get a decision today, or it may take many months. I think it is worthwhile to inquire with the asylum office every 5 or 6 months to check for updates. Hopefully, you will get a good decision soon. Take care, Jason
Hi Jason,
I had my interview at Bethpage Asylum Office inn october and to this day I haven’t received anything yet.Intried to locate this office at USCIS InfoPass option but it doesn’t even show.I made an appointment thru InfoPass with other New York Based Asylum Office.Will it affect me negatively or is it okay to inquire about your case?
You do not need an info pass appointment to inquire about an asylum case. Contact the asylum office directly. You can find their contact info if you follow the link at right called Asylum Office Locator. If Bethpage is a suboffice of NY, then contact the NY office. Take care, Jason
Hello sir,
I filed for asylum personally when I came to the US because of the problems in my country. But I also have an approved pending I-130 filed by my mother.
(1) I applied for asylum in December and i got an acknowledgement receipt and notice to go for finger printing and bio-metrics in January. I have gone for the fingerprinting yesterday. I read on the instructions for I-765 (EAD) that if get a recommended approval I do not need to wait for 150 days to apply for EAD.
If am eligible will I get a notice of recommended for approval in my mail before an interview or when does someone get recommended for approval? Before interview or after interview?
when do I start counting the 150 days? after the finger printing in January or the date my completed application was received in December?
(2) My mother is a United states citizen and she filed the I-130 and it has been approved by USCIS. I am an unmarried son above 21 years so I have to wait for some years before a visa number becomes available because of my priority date which is April 2015.
So my question is:
(1)If a visa becomes available before I am granted asylum and I want to adjust status, can I abandon the asylum? will there be a consequence? Or what do I do at that time?
(2)If I am granted the asylum before a visa becomes available then what do I do about the I-130 when a visa becomes available?
You start counting the 150 days from the date your asylum application was received. The recommended approval only comes after the interview. To get your green card based on your mother, you would likely have to leave the US and re-enter with the green card after processing at a US embassy abroad. This is certainly possible, but it depends on the case and you would need to talk to a lawyer before you tried it. If you receive asylum before the I-130 is available, then you really do not need the I-130. I suppose you could try to get your green card based on the I-130 instead of based on asylum, but again, talk to a lawyer about that before you try it. Take care, Jason
Hi Jason,
thank you very much for your assistance. I need your instruction about my case. My family and I went to a interview in November 2014 and we received a Recommended Approval in Sep 2015. unfortunately I have had a very hard time in this 2 years because my dad passed away last year and my mom is in coma in a hospital. I really need to see her and I want to know about travel document for case same as mine!
Can I leave the USA just for a very short time?
and also I’d like to know about travel document posses, how long dose it take to receive a answer?
Thank you
The travel document is called Advance Parole, form I-131, available at http://www.uscis.gov. I doubt you will receive it in less than 3 or 4 months, even if you mention that there is an emergency. Also, if it a problem if you return to your country of feared persecution (this is less of a problem if you are the derivative applicant; not the principal applicant). You might also consider contacting the asylum office and telling them about these issues and asking to expedite the decision. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello,
I had my interview in August 2015. In Sept 2015 received recommended approval. Then yesterday 9/8/16 ( after one year) I received a notice for a 2nd interview. Isn’t recommended approval supposed to mean that case itself is approbed but waiting on background checks? Why the 2nd interview? All that I could find online that 2nd interview sometimes needed if case is pending and no decision is made, but I already have recommended approval. I am so confused
It could be that the security check uncovered new information and they want to ask you about it, or maybe they discovered some other issue with your case (maybe you filed some other immigration document and there is an inconsistency?). It is difficult to know. Hopefully, it will be fine, but try to think if there are any issues, so you can prepare for them. Good luck, Jason
how did it go?
Mr. Jason,
I have a little question for you, I know you have already answered this question to others and you posted a Link to see dates, but what I want is your idea about the time:
I have applied for Asylum in April 2016, I was already 10 fingerprinted. How long normally you think I am going to wait for my Interview? My Case is being processed at Newark Asylum Office.
Seems like according to the Deadline the interview is taking about 2 years to be scheduled. I just wanted to Confirm with you, when can I expect to receive Interview Letter? Like only in 2018 I can think to receive the interview letter? Or even Now I can Expect? I just want one estimates.
Thanks
Joel
Hello Mr. Jason,
I would like to know, when you are Asylum Applicant with. Pending asylum case for more than 150 days, and you applied for a EAD, once you get the EAD and you apply for a SSN, what I want to know is: The SSN that Social security Administration give to Pending Asylum Applicant is Restricted with Note or is a SSN Unrestricted, without any Note?
– Once I have. SSN while in Pending Asylum Process, can my Kids under 10 years Old get SSN because Of My SSN or because they are intitled in my Asylum Case?
Or the Kids can’t get SSN? Even they’re in my Asylum Case as a Depends?
Thanks in advance
Joseph
The SSN is restricted – you need to also have an EAD. I believe your children can get an SSN, but you have to ask the Social Security Office. They may also need an EAD, but I do not think so. Take care, Jason
Mr. Jason,
I have a little question for you, I know you have already answered this question to others and you posted a Link to see dates, but what I want is your idea about the time:
I have applied for Asylum in April 2016, I was already 10 fingerprinted. How long normally you think I am going to wait for my Interview? My Case is being processed at Newark Asylum Office.
Seems like according to the Deadline the interview is taking about 2 years to be scheduled. I just wanted to Confirm with you, when can I expect to receive Interview Letter? Like only in 2018 I can think to receive the interview letter? Or even Now I can Expect? I just want one estimates.
Thanks
Joel
I have no idea – The Scheduling Bulletin only tells you who is being interviewed now. It does not predict how long you will wait, and I think it is next to useless for that purpose. When you will be interviewed depends more on how many priority cases (unaccompanied minors) enter the system, whether the asylum office can hire and retain more officers, and how they continue to prioritize cases. Unfortunately, that is the best I can tell you. Take care, Jason
have a question mr jason
if i married lady she is 68 and i am 28
it will be fine with the immgration or no
she is a citizen ans she want help me to get my g card .
so what do you think
Based on what you are saying, it sounds like a fake marriage to me, and that is bad idea, as you could lose your marriage case and it will likely hurt your asylum case too. Also, even if it were a real marriage, the age difference is very suspicious and I think you will have a difficult time. Take care, Jason
i have a question please
now my asylum is approved
can i change my status from asylum to married ?
i mean can i cancel my asylum and my papers be in married status ?
If you are eligible (and I do not know whether you are), your spouse can file for you and you can get your green card based on the marriage. It is pretty common, but not everyone is eligible to do that – you can talk to a lawyer to evaluate your case. Take care, Jason
yes i have good lady . but my question is
if i cancel my asylum
how my papers will be ?
now i have my social security and i spouse to apply for my green card .
but i dont want apply for my green card on based asylum ,
i will married and i want get my green card on married based
please could you tell me how my status will be
I do not understand your question – if you apply for a green card, and you are eligible, you will get a green card based on the marriage. There is really not much more to tell you, sorry, Jason
sorry for you not understood my question ,
my question is now my status is granted asylum ,
but i dont want asylum anymore . i just want married my girl and get my green card based married .
my question is able to cancel my asylum or i just married her and apply for the green card based married
You can marry her and get the green card. I do not know how you can cancel your asylum, and I do not see how it could help you. However, if you want to try that, you should talk to a lawyer about it first. Take care, Jason
Hello Jason,
Once again I am here to ask you questions that doesn´t make me sleep as well.
I Applied for Affirmative Asylum as I said in my Previous comment in April 2016, I have attended the fingerprinting and photography today May 20, 2016, my case I have to children under age of 8 years old and my wife and my wife is Pregnant at this moment.
My question is:
1. Our interview can take longer as well even they know I have children on my file?
2. The pregnancy of my wife, could affect the USCIS Decision? I mean they can denied my Asylum case because my wife is pregnant or because at the date of interview she had already the baby in the US?
3. The Recommended of Approval Notice, comes before or after interview?
4. After you have been fingerprinted and photographed you can expect to receive Recommend of Approval Notice? Or only when interview is done?
5. How long you think it will take now to receive Interview Notice, since from today I was fingerprinted and photographed?
Thank in advance. I hope you answer my questions as you do usually (very clear).
Kind Regards
Diniz
Check the Asylum Office Scheduling Bulletin – a link is at the right – it will give you some idea about the time-frame for the interview. I did a post on February 25, 2016 that talks about ways to expedite your case. The short answer is that it is not easy. Having children or a pregnant wife (or a US citizen child) does not make any difference in terms of the time frame. You cannot get a recommended approval until after the interview. Good luck, Jason
Hello Jason,
I love the way you explain. And your comments are very correct.
I have already attended my Fingerprinting and photography appointment at USCIS Application Support Office. They have said is for FBI background checking.
How long you think Jason, it will take for Interview? I was persecuted in my Home Country by the Police, because I was Police Advisor and had discovered illegal things that the Government do and also the Police do, and for that, to avoid me to exposure to people I was attacked by Unidentified agents, I was hurted in my hand, I have reported to the General Commander of the National police in m Country, but all evidences they have put on trash. But I have copies, my ID Card from the Department of Secrets Services, and I have submitted on my Application, But I am very scared to be denied and the US Government send me back to my home County. They will kill me. I know that. What you think will happen to the USCIS while they have all evidences that I suffered persecution?
The USCIS has no discretion on Urgent cases of Asylum? Because I don´t feel safe even in US until I get asylum because I know that the Government of my home Country has spies everyway. And they are trying to find and discover where I am now. I live like a Criminal Man. That´s horrible.
I don´t know what decision to expect from USCIS.
What you think will happen from now on?Since I was fingerprinted and photographed with my family?
Kind Regards
Diniz
How long you
Check the Asylum Office Scheduling Bulletin – a link is at the right – it will give you some idea about the time-frame for the interview. I did a post on February 25, 2016 that talks about ways to expedite your case. The short answer is that it is not easy. It sounds to me like you have a good case. Even if you lose at the Asylum Office, you can present your case again to an Immigration Judge. If you can afford a lawyer, that is helpful too, as the lawyer can help organize and present the case. Good luck, Jason
hello Mr jason . i see that you do very great job and help the people . God bless your life .
i have very very sensitive and Important question and i need real answer ,
my asylum status is granted asylum from july 2015 . also i spouse to apply for my green card on July 2016 .
i applied for the travel document and i have it already .
but i went to my country from November 26 to February 17 . because my mother dead and she left some apartment and money under my name so it was Important to back to my country for transfer all thes things from her name to my name and all this things was by the court and its take time , now all is done and finish by February 14 .
i went to the united state at February 17 , in jfk airport the officer ask me why you went to your country i answer him because my mother dead . i set in the room for 20 minutes then he give me back my passport and nothing happened but he put stamp on the passport its call ( section 208 ) now i am inside the state in nyc . and i live my life normal
my question is if i apply for the green card in july 2016 . is normal ?
do you think any problems will happened or they will deny the green card ?
is possible to apply for the green card in the normal time july 2016 or i have to wait 2 more month and half
i have all the dead certificate and the hospital and the court
I did a post about this on January 6, 2016 that may help. In short, you potentially could have a problem with immigration as a result of your return trip. It sounds like there was a good reason for you to go, but you stayed there for almost 3 months, which is pretty long. I suppose you can apply for the green card, but you should be prepared to answer questions about your trip and provide evidence about why you still need asylum. I recommend you hire a lawyer to assist you. Good luck, Jason
i have all the dead certificate and the hospital and the court
hello Mr jason . i see that you do very great job and help the people . God bless your life .
i have very very sensitive and Important question and i need real answer ,
my asylum status is granted asylum from july 2015 . also i spouse to apply for my green card on July 2016 .
i applied for the travel document and i have it already .
but i went to my country from November 26 to February 17 . because my mother dead and she left some apartment and money under my name so it was Important to back to my country for transfer all thes things from her name to my name and all this things was by the court and its take time , now all is done and finish by February 14 .
i went to the united state at February 17 , in jfk airport the officer ask me why you went to your country i answer him because my mother dead . i set in the room for 20 minutes then he give me back my passport and nothing happened but he put stamp on the passport its call ( section 208 ) now i am inside the state in nyc . and i live my life normal
my question is if i apply for the green card in july 2016 . is normal ?
do you think any problems will happened or they will deny the green card ?
is possible to apply for the green card in the normal time july 2016 or i have to wait 2 more month and half
I did a post about this on January 6, 2016 that may help. In short, you potentially could have a problem with immigration as a result of your return trip. It sounds like there was a good reason for you to go, but you stayed there for almost 3 months, which is pretty long. I suppose you can apply for the green card, but you should be prepared to answer questions about your trip and provide evidence about why you still need asylum. I recommend you hire a lawyer to assist you. Good luck, Jason
Hello Jason,
I am was reading tonight one article on google search and I found an article saying about “Asylum recommend for approval”
And in the letter was written that you can apply for EAD and doesn’t need to wait the 180 days mandatory. I am attaching the Document for you to see it. I came from Africa, and I have applied for Affirmative Asylum in April 2016, because of Government persecution in my home Country. And until today I didn’t receive Receipt Notice of my Case.
My question is:
1. When can I expect a Notice (letter) like that this? I mean letter from USCIS for Recommendation of Approval?
2. Is there an possibility that I receive a Notice like this? (Recommend for Approval)
3. Who receives letter of Recommendation of Approval?
4. When can I expect to receive USCIS Recommended for Approval letter? Before the interview or after interview?
Excuse my questions, but I like to read and to keep informed always and since I see that you a very smart Attorney, I would like you to clarify my doubts.
Awaiting your clear response.
Kind Regards,
Diniz
Sent from iPhone
If you applied for asylum in April 2016, you likely will not be interviewed for a long time. You can file for an EAD 150 days after your asylum application was submitted. If you are interviewed, and you receive a recommended approval, and if you do not yet have an EAD, you can apply for the EAD immediately. Given that it takes many months to get an interview, you likely will have your EAD before the interview. You should receive the receipt for your asylum application in a few more weeks. Take care, Jason
Hi Jason,
I got my recommended approval notice in September and still waiting for final decision. last month i sent couple of email to asylum office. The first response i got was your background check is still pending. 2nd response after a week i got your case is still pending and under supervisor review you should except your final decision soon. i sent another email in start of April and the last reply i got your case is with Asylum officer and you should get your decision in three month.Today is almost 4 year since my case is pending and 7 month since i got my recommended approval notice. What advice you have for me?
Thank you for your kind help in advance
There is very little you can do, aside from what you have done. You can contact the USCIS Ombudsman – a link is provided at the right. You can also file a mandamus lawsuit. Good luck, Jason
Hello Peace Lover,
Thank you for the post. I am in a similar situation and would like to know how long did the Asylum office take respond to your email query? From your post, it seems like you contacted them via email three times. What was their response time each time you emailed them? I am asking because I have not received a response to my email inquiry for 2 weeks now.
Thank you and would really appreciate your reply.
Regards,
Corey
They sometimes do not respond. Other times, they respond the same day. Still other times, they respond after a few weeks. You can also go in-person to ask about your case, though check the asylum office website to see when you are allowed to do that (you can find the website if you follow the link at right called Asylum Office Locator). You can also inquire with the USCIS Ombudsman – a link is also at the right. Good luck, Jason
Thank you so much Jason for your response, much appreciated it. I will check the office hour times and then go for an in-person inquiry.
Regards,
Corey
Hi Corey,
First couple of time they(AO) took couple week but now i got response in few hours if not soon.
Hey Jason I’m applying for asylum application the last time I entered the USA was 2013 can that work if I have special circumstances that didn’t let me apply by that time ? Thank you
We see cases like that a lot. It is very important to explain (with evidence, if possible) why you did not apply before, especially if you returned to your home country after your prior visit to the US. Take care, Jason
I’m lin , Syrian woman i came to USA last year, i was pregnant and i gave birth here, my husband still in Turkey, he could not have a visa
I applied for asylum on June, and my interview was on Setemper, also I have got a recommended approval, and still waiting for the final.
Actually i am Syrian but i was living in Iraq when i came to US
Do you think because of that i will take more security check time than usual?
I followed up with asylum office , they told me that my case has not been issued by the security check yet, i afraid to take plus another year to be issued.
So what can i do , for example can i sent an appealing letter or something like that?
You can send a letter or contact the Ombudsman (a link is at right) or go there in person to ask. However, I think none of these things will help. They won’t hurt, so you can try. Normally, Women’s cases are decided more quickly than men, so hopefully you will have a decision soon. I do not know whether your time in Iraq will make it slower. I would keep waiting, but if you want, you can also file a mandamus lawsuit where you sue the government in order to force them to issue a decision. Given that you have only been waiting for 4 months since the interview, I think it is not time for that yet, but you can look into it if you want. Hopefully, you will hear from them soon – the example in this post is an extreme example, and most people get the final approval more quickly. Take care, Jason
Dear Jason,
I moved from Boston to Chicago and my case is Recommended for Approval. I already changed my address too, in case if I need to contact the asylum office to follow up with them, do I need to contact Newark Asylum office or Chicago office? I am confused and wondering if Newark office transfered my case to Chicago office or they kept my case because they are just waiting for my Identity Check!!
Your response will be appreciated
As discussed above, the security check can be lengthy, though usually it is less than six months. If you told the asylum office about the new address, you should be fine. I expect the office that interviewed you will keep the case until a decision is made. Hopefully soon. Take care, Jason
Thanks Jason for your help and time.
Dear Jason,
My Asylum case is Recommended for Approval and I want to go to school, am I able to study? Is there any rule or document can I show to school to let me go to school? And I do have EAD card.
Your help will be appreciated
I apologize for repeating the question because I was not able to read my old question.
Take Care
You should be able to study with the EAD card. There are no rules about this – different schools have different policies; you will need to contact the school and ask. Take care, Jason
Dear Jason,
My Asylum case is Recommended Approval, am I able go to school to study?
Thanks
There is actually no policy or regulation about this – you have to go to the school and ask. However, you should have an EAD (a work permit) and with that, you should be able to attend school. Take care, Jason
Thanks for your reply.
Hi sir
I had recommended approval before 1 month is any time limit to received a final approval or is there any way to speed the asylum approval ??
Best regards
I know of no way to make that faster. We often get the final approval in a few months, but (as I discuss in the post above), it can sometimes be much longer. Good luck, Jason
Thanks for you sir more q if I have recommended approval can apply for travel decoment if I like to visit friend in in other country
Best regards
You can – it is the Advance Parole document. It is difficult to get. If you can wait for the final approval, that would be safer, but you can try for Advance Parole if you’d like. I do recommend you consult an attorney before you go, just to be safe. Take care, Jason
Hi
Gust for up date today I received new re finger print to my daughter ?? What happen to our case ?? There is any idea why we received many re finger print ?? Is this action is good or no ??
Best regards
It is impossible to predict whether this is a good or bad sign. We have had several cases where fingerprints were issued and then the person did get a decision, but other case, people received the fingerprint notice and there was no decision (yet). Good luck, Jason
today I received new re finger print to my daughter ?? What happen to our case ?? There is any idea why we received many re finger print ?? Is this action is good or no ??
Best regards
I don’t know, but if you received a fingerprint notice, you should attend and hopefully, you will see some progress soon in the case. Take care, Jason
[…] хорошая статья по темеThe Curse of the "Recommended Approval" | The Asylumist […]
I want to ask what is the difference between “conditional approval” and “Pending Decision”
Are they the same ? or what ? and can the case be denied even after along time after pending decision
I am Syrian, I applied for Asylum in Istanbul, Turkiye through UN and then I countinued my meetings for asylum in ICMC( International Catholic Migration Commission) and I have done the last meeting with USCIS
and then got the result by e-mail ,
it was pending decision as mentioned in the mail :
________________________________________
Please find attached your United States Citizenship and Immigration Services (USCIS) decision letter.
Your case is pending decision. USCIS officers need to investigate your case further. At this time, it is impossible to estimate how long it will take to make a final decision on your case. You will be informed by ICMC RSC as soon as there is an update regarding your case.
Sincerely,
Refugee Information Unit
________________________________________
and there were two attachments in the first :
________________________________________
1.Please be advised that a final decision regarding your application for refugee status in the United
States has been deferred for one of the following reason(s):
Further review of your eligibility for refugee resettlement in the United States isnecessary. [[the marked one is this]]
other:
At this time, it is impossible to estimate how long it will take to make a final decision on your case. The United States Citizenship and Immigration Services (USCIS) will send you a letter notifying you of the final decision on your application.
Refugee Affairs Division
U.S. Citizenship and Immigration Services
________________________________________
the other attachmet conatais :
________________________________________
Dear Sir/Madame:
Enclosed you will find your DHS Deferral letter.
This letter:
• Does NOT mean that you are denied.
• Does NOT mean that you are approved.
This letter means that you are on hold for further review by the DHS officer.
We hope this notification clarifies any questions or concerns you might have. Please be patient and
await further notice.
We will contact you when there is any change to your hold status.
________________________________________
They write “DHS Deferral letter” does it mean I am waiting for security check or I have to repeat the meeting with USCIS ?
so sorry for my long question but i really need to understand the situation and the ICMC doesn’t give any useful answer
With all respect, Arwa
I do not do refugee cases overseas, so I really do not know. It does sound like more checks are needed before you would be allowed to come to the U.S. as a refugee, but I am not sure. There are various NGOs involved in the refugee process. Maybe you could try contacting them and asking for help. Good luck, Jason
Thank you so much Jason
did you get any update about your case?
hi, i had my interview from a month ago , the result was recommended approved.
Do you have advice for me?
Is there any way to expedite the security checks?
Only to know i am in USA two years ago.
Tanks
There seems to be no way to expedite security checks. Hopefully, you will get a final approval soon. Most people get the final approval in a few months, and the very large majority get it in less than one year. A few people take much longer. Good luck, Jason
hi jason . thank you for help everybody
i have the travel document and my mother she is very sick . can i back to my country for 2 weeks and when back to use bring the reports from the hospital to show them that was very emergency
please waiting your answer
If you have asylum (or a green card from asylum) and you travel back to your country, you risk losing your status in the US. There are things you can do to reduce the risk (like getting hospital reports), but there is still a risk. You might want to talk to a lawyer before you go for additional help. Good luck, Jason
Hi Jason,
I was wondering how long it generally takes the final decision to appear on the USCIS case status page online. I contacted the Ombudsman’s office for my pending application after hearing nothing since the recommended approval issued 5 months ago, and I just got an email from the Ombudsman’s office saying that they have determined that the USCIS has recently issued a decision on my case. That’s strange because the online case status page still brings the error (I know that it should show “Fees were Waived” once a final approval is issued). In my friend’s case, the online page showed the update 2 days after the final approval was issued.
Thank you!
As far as I know, asylum cases do not appear on the USCIS website, so if you are finding info about them at USCIS.gov, it is news to me. If the Ombudsman says there is a decision, maybe you should contact the asylum office directly to inquire.
Dear Jason,
I went for my asylum interview on Feb/10/2017 and after a week I received a “Recommended Approval” letter. Actually I don’t know how long would it take to my background check be done and be granted.Only for your information I’d like to mention that my asylum receipt No. was activated in USCIS status Online Check after three weeks from interview to the “Fees Were Waived”
Hopefully, you will get the final approval soon – most people do. The above article is an extreme example. Take care, Jason
hi , i have very important question .
i had asylum case and i got the approved in 7/6/2015
and i applied for the travel document because i want go to vacation to thailand ,
my question is if i want back to my country to visit my mother because she is very sick and she have cancer , i went to the congress woman in my area at 9/17/15 and i was talking ther about if she can help me to contact the uscis to give me permit to visit my country for 1 week . but she told me if i go to my country my asylum case will be revoke and cancel .
so my question it can the uscis give me permit to visit my ?country for week ?
and do you think because i asked the congress woman about that maybe they can revol
and if they can give me permit how can i applay for that permit .
I think talking to the Congress person will have no effect. I do not think you can get permission to return, but if you go there, you may (or may not) lose your asylum status. It is not guaranteed that you will lose your status, but you certainly take the risk of losing your status. If you cannot meet your mother in a third country and you decide to go to your home country, there are things you can do to reduce the chance that you will have a problem with USCIS. You should talk to a lawyer about this BEFORE you go. Good luck, Jason
I’m so sorry for Dave, I feel very disappointed by his story. The asylum system in the US need to be fixed, this bureaucracy is not acceptable specially that it affects people’s lives and their loved ones as well.
I’m a Syrian asylum applicant, it’s been two years since I filed my application, and I didn’t even receive interview appointment. I’m a hard working individual, and very thankful that the US government allow people like me to work legally. However, this uncertainty is not accepted, I just want to hear an answer, so I can be able to plan for my future and be able to help my family as.
The Syrian government is not renewing our passports, and to be able to work in the U.S most of the companies ask for a valid identification.
And like Dave, I really prefer to hear an answer tomorrow, even if it’s a denial, just so I can pack my stuff and look for a country that can help me out in my misery.
Again, thank you Jason for your regular updates on the asylum cases. I’ve been following your blog for a while, and I truly wish other lawyers are as dedicated as you.
Hopefully your interview will be soon (you can see the Asylum Office bulletin here: http://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin). Good luck, Jason
Regarding: Recomended Approval (i was USAID contractor)
Hi
I have a asylum aplication submited in Jan 21,2015. Im wating for my EAD in this moment.
I was USAID contractor in CUBA 2009-2010, and my work was publicated in my country(Venezuela, Cuban allied), by AP (news agency) and i and my oorganization was named for this agency how a US spy. In my country this is motive of investigations and jail because my country is against USA.
My answer is, after all this time since i submited my case in USCIS, Can i ask for a “Recomended Approval” although my attorney did not this when she submit my case?
What can you recommend for me?
Thank You
You cannot ask for a recommended approval. You get that only if the security checks are not complete. You want a final approval, not a recommended approval, and unfortunately, things are moving very slowly. Good luck, Jason
Hi Jason,
thank you very much for your assistance . I am from Yemen and I applied for asylum in 2014 . After 180 days I applied for a work permit and I received it in July, 2015 . The DHS has designated the Yemeni citizens for Temporary Protected Status (TPS) for a period of 18 months, effective September 3, 2015, through March 3, 2017.
My question , I applied for asylum and my case still pending , so can I apply for TPS beside the asylum , and is the TPS application will affect my applying for asylum , and my second question : it is possible to get extended EAD with the same period of the TPS
Thank you very much
I am not sure about the EAD, but you might receive it when you apply for TPS. You can apply for TPS and asylum. The only affect on your case is if the asylum is denied – if you have TPS, your case will be denied and closed; if you do not have TPS and your asylum case is denied, it will be sent to an Immigration Judge where you can apply again for asylum (and you will either get asylum or the Judge will order you deported).
Yes, the delays are awful….one of my clients just received a recommended approval almost 2.5 years after his interview…and still he waits.
Having said that, when one swears under oath to the U.S. government that they risk life and limb if returned to their country, it is incumbent upon them to not voluntarily return there for ANY reason. Despite the delays, one with recommended approval is closer than they have ever been to securing safety for themselves and also their dependent family members. Sometime the urgent displaces the important, and it is a shame that his whole family loses the chance to immigrate.
I disagree – Many people do face life-threatening harm, but they return anyway to help their family members (or for other legitimate reasons). At this point, our system expects families to be separated for years. If it was me (and as much as my children are annoying), I would take great risks to go back and help them, if they needed help.
What a sad story, mine is not a happy one too, I’v been waiting for a decision more than two years after the interview, I’m a syrian nationality, I had my interview in Chicago asylum office 8/2013, it’s very frustraiting to wait for this very long time without having any clue wheather you will be approved or denied, I’v been suffuring for almost three years in the united states because I’m a single mother without no relatives here and taking care of two kids one of them with special needs and sever developmental delays and all of that was not able to make my case goes faster, lately I tried the ombudsman and still no response, while the whole world is sympathizing with the Syrian refugees crisis it seems that nobody cares here.
If you have any idea to help please let me know, I really appreciat your hard work and care .Thank you
Probably you will hear back from the Ombudsman, but it may take a few months. You could sue the asylum office – I discussed that in a posting dated February 26, 2015. You might also send them a letter explaining your situation and with some documentation of your child’s problems. It probably won’t matter, but maybe it will help. Good luck, Jason
hi jason
when is what we hope to see our 2014 arrival interview? and chicago office are already on the case of any year at this time
It is unknown how long each asylum office will take; at the moment, Chicago has been moving slowly, but hopefully now that summer is over, things will start to move more quickly. Good luck, Jason
Jason. Thank you for caring and sharing. What really makes me more bitter is my interview. I really feel I was played by my officer, showing emotions and saying she understands what it feels to wait for 2 years and then here I am after 2 months and no answer. At least, it feels good to be here and see someone cares. I am so sorry for Dave. I was just wondering as I am getting close to renew my EAD. Is there a way that I ask them to not charge me for that? Cause it is not my fault that they are not making the decision.
Thanks as always.
There is a fee waiver form – I-912. Maybe it can be used for an EAD renewal, but you will need to look at the instructions. Also, I would worry that requesting the fee waiver will cause delay. In general, you can file the renewal 120 days before the old card expires, and given that there are delays at USCIS, this is a good idea.
You can re new your EAd without fees if you getting assistance from government…most ppl like you have medical assitance for emergency only, so ask the welfare for a letter (benefit verification) and attached it with form I-912.
It works…I tried it with all my family.
Hi jason, I have had my asylum interview in Chicago on February 2, 2015 after almost waiting for 2years. How ever, I haven’t heard anything yet. I tried to visit the office this month and they just told me that it is still pending? Do you have any idea why it is taking too long to make a decision? It has been almost 7 -months. I am an Ethiopian and arrived by F-1 Visa
We have seen delays for some Ethiopians, though it is less common thank for people from the Middle East. I do not know, though some Ethiopian organizations (such as Gimbot 7 or OLF) have issues related to terrorism, so if you are involved with such a group, it might cause delay. I do not think any of our Ethiopian clients has waited more than a year for a decision, so hopefully you will get a good decision soon. Take care, Jason
While Ask about the issues of asylum office they say must wait on you knowing that I waited a year and three months, and two children with me I do not know what to do.
I’ll wait for the answer, because I did the interview of the month 06/2015
Hi Jeson,
Thank you for your updates and information.
I have already applied for assylum and I am waiting for the interview since about 2 months. I wanted to have a drivers license and went to TXdps (Texas department of public safety) office showing them my receipt of acknowledgment for my asylum application. But they told me that they have to verify my lawful presence in the state of Texas from USCIS. Unfortunately I recieved a mail that DHS has informed the TXdps that they can not verify my lawful presence.
My question is that does it mean I don’t have a lawful presence in USA even though I applied for asylum before I was out of status? Also does it affect my EAD clock?
Thank you!
I doubt this is related to the EAD clock. Your status (B-2, F-1, etc) may have expired, but you are allowed to remain here lawfully until your case is decided. It is a “quasi-legal” status, but you are permitted to be here, and given what you’ve told me, I expect you will get your EAD. Texas is probably just giving you a hard time because it is Texas.
Thank you Jason very much!
Is there any way to know about my clock status like a number to call?
Only if your case is in court. Otherwise, you should assume it is moving and apply for the EAD. If it is denied, then you will know that the clock has stopped.
Okay. Thank you very much Jason for the info.
Hi Jason,
I was wondering if I can send the application for EAD few days before my 150 days waiting time is reached or do I have to send it after the 150 days?
Thank you
TJ
We send it on the 150th day. Sometimes if you send it early, they will reject it, which takes several months. It’s up to you, but I think it is safer not to send it any earlier than the 150th day.
It’s miserable, however he’s lucky enough to get a no-matter-what approval. I sit inside my room all day long for over 2 years end up getting nothing, not even an interview. EAD card is just a poor excuse of asylum office for not having the intention to do their job. There’s no dignity in this situation at all.
The delays are a real disaster for many people. I wish you good luck, Jason
Jason, in the future, you can forward this type of thing to me. As liaison I can try to help.
Thanks – we were using CAIR, but maybe I will send you an email, as I have lots of cases like this one, only not quite so bad.
This is the saddest thing I have read all day! Broke my heart.
Poor “Dave”! I really do hope and pray (if you are reading this) you and your family are safe and your kids are healthy, and someday very soon you get this all sorted out.