These days, all asylum applicants face long waits prior to their interviews. After the interview, some applicants receive a decision in two weeks; others wait months; still others—thankfully, a minority—wait for years without a decision.
Why does it sometimes take so long to get a decision? Our dogged reporters at the Asylumist have come into possession of an internal Asylum Office document that sheds light on this question (ok, in truth, the document is publicly available, but it’s not so easy to find). The document is the Quality Assurance Referral Sheet, which lists the categories of cases that must be submitted to headquarters (“HQ”) for further review.
Cases submitted to HQ often face substantial delays. So if your case falls into one of the below categories, you can expect a longer wait for your decision. How long? I have no idea. Some of our cases that go to HQ receive decisions relatively quickly. Others languish for months; sometimes years. There seems to be no way to predict how long such cases might take.
Without further ado, here are the asylum-seeker categories that hopefully you don’t fall into:
Diplomats and Other High Level Officials: Any decision—grant, referral to court or a notice of intent to deny—in the case of a sitting diplomat to the U.S. or United Nations, other high-level government or military officials, high ranking diplomats to other countries, and family members of such people must have their cases reviewed by headquarters. The same is true for any asylum applicant who fraudulently obtained a diplomatic visa.
National Security/Terrorism-Related Inadmissibility Grounds (“TRIG”): Any decision in a case that would be granted but for a TRIG bar, regardless of whether an exemption to the bar is available, must go to HQ. The TRIG bar is quite broad and many people are potentially affected. This includes people who worked for or supported terrorist organizations (or more accurately, organizations that the U.S. government views as terrorists), and even includes people who “supported” terrorists under duress. An example might be someone who paid money as ransom or who was forced on pain of death to provide services to terrorists. TRIG is particularly tricky because some cases (recent numbers are not available, but last year’s numbers are here) are placed on indefinite hold, meaning the applicant will never receive a decision, at least not until the government gets around to enacting new regulations on the subject. If you think your case might be subject to a TRIG hold, you can email USCIS (the email address is here, at the bottom of the page). In my limited experience (two cases), USCIS has been responsive and has informed me whether my cases were being held due to terrorism-related grounds (they were not).
Other National Security: In order to grant a case involving national security concerns, where the concern was not resolved through vetting, the case must go to HQ. Aside from terrorism, national security concerns can include a wide range of activities, including suspected gang membership or involvement in other criminal activities.
Persecutor-related issues: Asylum grants are referred to HQ where the evidence indicates that the applicant may have ordered, incited, assisted or otherwise participated in acts of persecution or human rights violations, and the individual has demonstrated that he should not be barred as a persecutor. Also, before a credible applicant is referred to Immigration Court or issued a Notice of Intent to Deny letter based on the persecutor bar, the case must be reviewed by HQ. You might fall into this category if you served in the police or military of your country, if you were a prison guard or you interrogated prisoners, and if your government has a record of abusing human rights.
Publicized or Likely to be Publicized: High-profile cases that have had or are likely to have national exposure, not just local interest, are subject to HQ review. If your case is getting media attention, or if it could affect relations with your home country, the case will likely be sent to HQ before any decision (good or bad) is issued.
Firm Resettlement: If a person is “firmly resettled” in a third country—meaning, she has the ability to live permanent in a country that is not the U.S. and is not her home country—she is ineligible for asylum. Where the asylum office would have granted the case but for firm resettlement, the case is sent to HQ for review.
Juvenile: Where the asylum applicant is less than 18 years old at the time of filing, the case will be referred to headquarter if the Asylum Office intends to deny.
EOIR- Prior Denials: Where an applicant was previously denied asylum by the Executive Office for Immigration Review (the Immigration Judge and/or the Board of Immigration Appeals), the case must be reviewed by HQ before it can be granted.
Discretionary Denials/Referrals: If the Asylum Office intends to deny a case or refer it to the Immigration Court based solely on “discretion,” the case must be reviewed by HQ. This means that the asylum applicant met the definition of a refugee and is otherwise eligible for asylum, but is being denied or referred due to reasons that are not legal bars to asylum. A discretionary denial might be for a crime that does not bar asylum, like DUI or failure to pay child support, or for some other lack of good moral character.
National of Contiguous Territory/Visa Waiver Country/Safe Third Country: Where the Asylum Office intends to grant the case of an applicant from a contiguous territory (Canada or Mexico) and the case involves a novel legal issues or criminal activity by the applicant in the U.S. or abroad, the case must be referred to HQ. Also, cases of applicants from countries in the Visa Waiver Program must be referred to HQ before they are granted. In addition, grants of applicants who are nationals of countries with which the U.S. has a Safe Third Country agreement must be referred to HQ (the only country with which we currently have such an agreement is Canada).
Safe-Third Country Agreement: All cases in which evidence indicates the STC agreement may apply, irrespective of whether the applicant is eligible for an exception, must be referred to HQ. This means that anyone (regardless of country of origin) who was first in Canada (the only country with which we have a STC agreement) and then came to the United States for asylum, must have her case reviewed by HQ.
Asylum Office Request for HQ Quality Assurance Review: Any case for which the Asylum Office Director requests review from headquarters will be reviewed.
As you can see, there are many reasons why a person’s case might be referred to headquarters for more review (and more delay). It would be helpful if the Asylum Office could publish some data about HQ review—perhaps how long each category of review takes and how many cases are currently under review. I understand why HQ cannot easily predict how long the review will take for an individual case, but if more information were made public, it would help ease the wait for asylum applicants.
Hello Jason:
Sorry to drag you into this old topic. I just received an email from my Senator who is informed by the USCIS that my case is sent to HQ (Case Pending since October 2014 and Decision Pending since Feb 2018). About two months ago they told us that it is pending with the Supervisor. So it seems that it is sent to HQ recently. My question is, do you think filing a Mandamus now is a good idea? Since they just sent it to HQ..
If you have made inquiries, you can file a mandamus. The last time I checked, which was years ago, the average wait time at HQ was about one year. I suspect that it is longer today. You could wait for a while to see what happens, but I think if you plan to file a mandamus, there is no reason to give them more time, as you have already waited for years and it is unlikely you will see progress at HQ in the near future. Take care, Jason
Hi Jason,
For the cases that you mentioned in this post that you inquired whether your client’s case is held for TRIG matters, did they finally get their decisions since 2015? If so, how long did it take for them? I see that in a newer post you mentioned that USCIS usually does not respond to people who are asking whether their cases are held for TRIG matters (not responded to one of your new clients either). Does this mean USCIS has changed its approach in replying to applicants since 2015 that this post was written? Thanks
I do not recall USCIS ever informing me about a TRIG issue. I have at least one case that I can remember where I assume it is a TRIG issue, and that case has been pending for years. Maybe I am remembering wrong, but I do not think USCIS normally informs the person about TRIG issues. Take care, Jason
Thanks for the reply Jason. Indeed, I am referring to what you have written in this post (October 20, 2015) about your cases: ” … In my limited experience (two cases), USCIS has been responsive and has informed me whether my cases were being held due to terrorism-related grounds (they were not).” Are these 2 cases that you mentioned here decided yet? and how they were responsive in that time that you wrote this post but are not responsive now?
Sorry; it was too long ago and I do not remember. One case, which may be one of them, is still not resolved, but I am not 100% sure that was the case I was writing about (it probably was). Take care, Jason
[…] are referred to the Asylum Division headquarters for review. I’ve written before about the types of cases that get sent to HQ, but they include cases where the applicant is a diplomat or an unaccompanied minor, where there […]
HI JASON! GOOD NEWS about our (me and my family) asylum decision. Applied February, 2016.interview December, 2017 decision was mailed Feb, 2020 approval date January 2020.THANK YOU JASON FOR YOUR GREAT JOB FOR US.
Congratulations! Thank you for sharing good news, and Welcome to the USA (finally)! Take care, Jason
Hello Jason they mailed me my decison and I did not get the mail yet.but on the bottom line I see my clock stopped.do u know why?thanks
Some people take that as a good sign, but I do not know that for sure. The only way to know for sure is to wait for the letter. Good luck, Jason
Hey svitlana did hear anything about your case please share .about me i did not hear anything yet.19 month now.
sorry about late respons, nothing abuout decision now.
Hello jason, can tell me how to email them bc i am waiting for 20 month.please give some indicatiin so i can email them.thanks
The asylum office? Follow the link at right called Asylum Office Locator and you will find your local asylum office, and the email address. Take care, Jason
Hello Jason have a question.if the USCIS said my case is remain under supervisory review what does it mean.can you explain.thanks
Every case is reviewed by the supervisor, so it may not have much meaning. Or maybe there is some issue that the supervisor needs to address. I did a post on October 20, 2915 discussing the types of cases that get sent to HQ for review, but that is different from supervisor review. Nevertheless, that post may give you some ideas about the reason for delay. Take care, Jason
Dear Jason,
Thank you for your helpful advice. I am waiting for my decision since 2016 and thinking of file mandamus law suit! I am concern if I file and end up immigration court, the USCIS doesn’t issue EAD card for me! I heard if you go to immigration court or USCIS deny your petition they take back your EAD card and you won’t have any work permit to work! So if it is true what should I do!!?
That is not correct. If you have an EAD now, you can renew it until your case is finished, and that includes during any court case or appeal to the BIA. You can try a mandamus (we wrote about that here on October 2, 2018), but normally, you would contact the asylum office first and ask about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello jason i will apreciate your help so i am waiting for my decison and its going to be 1 year and 9 month so can you help me and get my decison or what you advice me to do.
You can contact the asylum office to inquire – You can find their contact info if you follow the link at right called Asylum Office Locator. If that does not help, you might consider a mandamus lawsuit – We wrote about that on October 2, 2018. Take care, Jason
Hello jason,if i do what you tell me do they gonna denied my case please help me.
Filing a mandamus should not affect the outcome, and so you could be denied or granted, but if the mandamus succeeds, at least you will have a decision. One case where the mandamus could cause a denial is where security background checks cannot be completed, and if that is the case, the asylum office cannot approve the case. Since a mandamus forces them to make a decision, they would probably have to deny. Take care, Jason
Hi Bello,
Could you please let me know if you received the descion on your case?
Dear Jason,
Thank you for what you are doing . I applied for asylum and was interviewed on May 2017. I didn’t get decision until now. I tried to email asylum office and they said my case is under awaiting final decision. What does this mean? Is it a positive or negative sign?
It has not positive or negative meaning. The case is pending. You can email again. You might also think about a mandamus lawsuit, if the waiting period is too long. We wrote a post about that on October 2, 2018. Take care, Jason
Dear jason,i did my interview since 2017 and i just check my receipt number and i saw this message so can you tell me whats going on with this message please.”Decision Is Pending
You completed your interview with USCIS. The time it takes for USCIS to give you a decision after completion of an interview may vary. An officer told you at the end of your interview if you needed to return to the office to pick-up your decision on a specific/scheduled date, or if your decision would be mailed to you.
You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock. Your case has been pending with USCIS for 1318 days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete. For more information, please see the USCIS website.
If an officer told you to return to the office to pick up your decision on a specific/scheduled date, you must do so in person to avoid stopping your EAD clock.
Since we currently send all communication by mail, you must report a change of address within 10 days of moving by changing your address online or by filing Form AR-11, Alien’s Change of Address Card by mail. You can find more information at http://www.uscis.gov/addresschange“
This is mostly boilerplate (standard language), but the bottom line is that the case is pending and there is no decision yet. You can inquire directly with the asylum office to ask about the case. Take care, Jason
Dear jason,
I am waiting for 16 month and did not get a decison yet and i sent a letter to them .they said my decison is pending in their office.so what do you advice me to do and can you tell me more about this delay.thanks
Many cases are delayed. Usually, it is the security background check, but there could be other reasons. I did a post on October 20, 2015 that discusses delay. Also, we did a post on October 2, 2018 about a mandamus lawsuit, if you are interested. Take care, Jason
Hi Joy, did you already get your decision please ? I had interview on December 2017 and I’m still waiting for my decision for 17 months. Thanks for replay.
Hey svitlana did you get your decison?
HI BELLO, NOT YET. I am Waiting for my asylum decision 17 and half month, Houston asylum office.Sorry about my English.YOU have some update about your decision? if some news, please share with us. Thank You.
Can you or someone else give an address and how to write the text in the letter about Inquiry asylum decision please?Appreciate.
You can just email them and ask about the status of your case. In the subject line of the email, write Case Inquiry, and write your name, Alien number, date of birth, and country of citizenship. They you can just say that you were interviewed on a particular date and you would like to know whether there is any update in the case. You can say this however you want (though it is best to be polite!). Take care, Jason
THANK YOU SO MUCH JASON. WE WILL SAND THEM EMAIL ABOUT OUR ASYLUM DECISION INQUIRY.APPRECIATE
Hi SVITLANA,
Could you please let me know if you received the descion on your case?
I have applied an asylum July 2014& had an interview September 29th 2017 . They told our Decision will be mailed .it has been over a year. No response yet . I am registered nurse . My EAD card expire soon as well.Can I send a email request to find the case status or if my employer send which one be be beneficial for us . Thx
First, you should probably renew the EAD, since you do not know how long a decision will take. As for the decision, you can email them to inquire about the status of the case. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
My case referred to The court after long wait. I came to USA as F1 , since I applied asylum I was here but I charged like over stay with F1 visa .my current EAD expirations date Marc 12& the same day have to meet the judge too .Can renew my EAD now ?.Do you thing if I move case from Houston to New Jersey/New York better chance win. Or every where same ?
If your case was referred to court, you can renew your EAD as before. As for which court is best, it really varies by judge (and to a lesser extent by court). You can see some data about this if you Google “TRAC immigration” and look at the statistics of the different judges. Take care, Jason