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.
Hi Jason,
I was interviewed on an expedite request, but told that decision will be mailed out upon my request after two weeks. Do you think e-mailing the office director to expedite my decision based on the same reason that my interview was expedited would make sense? Besides, how long do you think is the average time to wait before taking your case to the Ombudsman for delayed decision?
Thanks,
I think you can try emailing the supervisor in this way. If it doesn’t work after a few weeks, you can try the Ombudsman, but I don’t have much confidence the Ombudsman will help (but it is worth a try anyway, since it is free, and it won’t hurt). Otherwise, you can think about a mandamus lawsuit. We had a posting on this blog last week discussing that option. Take care, Jason
Hi jason i am sorry to bother you.i did my interview since october 17,2017 and they did not send my decison yet until now and i renewed my work permit last month.can you analyze and tell me whats going on please.thanks in advance.
There are many reasons for such delays (as discussed above). You can email the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, there is a post on this blog from last week where we discuss a mandamus lawsuit. You might consider that. Take care, Jason
Thanks for the answer.so can you tell me what kind of reasons for the delay please.
Often the reason is the security background check, but the article above discusses some other reasons. Take care, Jason
Hi Jason,
I had my interview in Sep 2017 in Arlington asylum office, and still waiting for the decision. I am planning going to Pennsylvania. My question is if I change address, is it going to add more delay to my case. Because my case will be be transferred to PA.
Changing the address after the interview should make no difference. The only exception would be, if you needed a second interview, it would take place at the new asylum office (part of PA interviews in Arlington, and part interviews in New Jersey). Take care, Jason
Thanks Jason, So if you move to PA, is New Jersey asylum office responsible to make the final decision or Arlington? Because I know New Jersey asylum office is harder than Arlington, and I dont wanna jeopardize my case after 4 years waiting
If the interview is done, the officer who interviewed you (and his/her supervisor) will make the decision, unless a second interview is required, which is uncommon. Also, some parts of PA are still under the jurisdiction of the Arlington Asylum Office. You can check by entering your new zip code into the Asylum Office Locator – link is at right (under Asylum Seeker Resources). Take care, Jason
Hello Jason,
I have had 3 interviews since April 2016 and the last one was May 2017. The officer promised to give the decision as soon as possible but it is over a year of the third interview that I did not get the decision and whenever I do inquiry they said they do not know how long will it take. I am in thinking of file motion in District Court to push them to give the decision right away. my concern is does it backfire the USCIS not to issue a favorable decision by filing a case in Federal court? what do you recommend?
A mandamus lawsuit can result in a denial, and that usually sends your case to Immigration Court. This may be a better result than waiting in limbo forever, but that is up to you. Also, you might try inquiring with the USCIS Ombudsman – a link is at right. They are supposed to assist with delayed cases, and it is free. Take care, Jason
Hey Jason, thanks for the information that you provide, it is really helpful.
In my case I was interviewed in October 26 2017 and I’m still waiting for the answer, I sent and email on April 2018 asking about my case and when they were take a decision and the sent me a letter saying that the decision was going to be taken when the had the enough resources to do it. By the way the officer told me in the interview that I was going to receive the answer in a couple weeks by email, my case is in the Miami office, right now I have 8 months waiting for the decision, what do you thing that it could had happened with my case ? Should I send another email ?
Such delays are common and do not signify anything in terms of the decision, at least as far as I can tell. I did a post today about the asylum offices, and Miami is really busy, so maybe that is one reason for the delay. Good luck, Jason
Hi Jason, after 9 months waiting for a decision I send another email to the Miami asylum office asking about what was the status of my process, I received a letter last Monday 08/30/2018 where they specify the status and it says:
Your asylum application was approved. Please contact this office in writing if you have not yet received notice of approval.
It doesn’t say when was approved, how long it takes to receive the approval notice? Is the same office the one that sends that information?
Thanks a lot for your help.
Strange. If you can go to the office in person with that letter and your ID, that might be a good idea. Otherwise, maybe you can email them that you did not receive it, or if that does not work, send a certified letter. I am thinking that this might be worth a visit though. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hey Jason, thanks again for your information.
I went to the Miami Asylum office with the letter that said that my asylum application was approved and the guy in the front-desk told me that the letter was generated by mistake (He was very confused about the letter, he didn’t know that USCIS was sending those letters when someone ask about the status of a case), then he was discussing with another guy that was saying “Yes I’ve seen this before, this means that the officer approved the application and the supervisor has to completed” (Or something like that) but the guy that was confused said “But here in the system says that the decisions hasn’t been taken”. Have you hear something like this before? I don’t think USCIS is sending letters like crazy with invalid statuses. And the crazy part is that I received a letter 3 months before the second letter (the one that said that was approved) that said that the decision was still pending.
What do you think about it?
Thanks in advanced.
Nothing surprises me these days. The system is a real mess, and maybe this is part of that mess. Aside from asking the asylum office (which makes the decision), I am not sure what else you can do. Maybe if you don’t receive anything soon, go back and ask to speak to a supervisor. Good luck, Jason
Hello jason i am waiting for 10 month and no decision yet please can you advice me for what to do?
You can email the asylum office to ask about your case. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Dear Jason,
Thank you for helping us all. I am an asylee applicant. I was interviewed on May 2017 but still no decision . I have two little kids with me. My husband is in my COP. I am confused right now and don’t know what to do . I am about to become homeless because I have no one I know or is willing to support me besides me. What can I do with my kids when I go to work ? I don’t afford daycare or nanny and I can’t get good paying jobs though I am an experienced professional . I was living from my saving and working low paying jobs until now because most employers don’t accept EAD card. Life is hell for me now. I sometimes wish I died in my country’s turmoil rather than coming here and suffering again . I was a hard worker and well educated with good income before my life was messed up with political problems. I have sent email to asylum office to give me decision but they never gave me reply . Right now I don’t know what to do…I am lost and confused . I am praying for God’s intervention.
You might reach out to a local non-profit organization for help. I did a posting on September 22, 2016 with some links. Also, if possible, you might trying going to the asylum office and inquiring in person and explaining the situation. You can also try contacting the USCIS Ombudsman for assistance – a link is at right under Asylum Seeker Resources. Finally, talk to a lawyer (or a free lawyer from one of the non-profits) about a mandamus lawsuit. Good luck, Jason
Sorry for the harsh comment. I feel your anxiety , I have been through what you have been five years and still countting and I don’t know for how long. I bwish if they denial my case and move me to the court at least there would be a timeline.
I am from Sudan. But I can assure to any Muslim Male especially from these country ( Sudan, Iran, Syria, Somalia, Tashad, Yemen, and Iraq) under scrutiny for no reason under this racist immigration system. Unfair??!! it is unfair because we are the victim of politics games. They know we have nothing to do with anything with the daily Americans struggle as school shooting…etc.
Remember you leave in the jungle , and the jungle law .. you are week , every body will exciplot and hummilate you. You are asylee applicant , you have zero right in this country untill they untill they decide otherwise they will through you an EAD card to live which is no employer accept it that if they recognize it because it is temporary and unknown status.
Only animals treated like that or maybe they are better. Just pain and hummilation.
Iran = HQ regardless, and it is a bad sign not in term of the outcome but the length the process. Prepare your self for years of waiting.
Is it your assumption or you’ve seen Iranian cases suck in HQ for years?
Not necessarily – we had an Iranian case granted today (Houston asylum office). The interview was in April, if I remember correctly. Take care, Jason
Hi Jason,
I got an email from Arlington asylum office that “Please note that this application is pending review with our headquarters”. I am from Iran but I above categories for HQ do not match my case. So is it a good or bad sign?
It probably means that the case will be delayed, but other than that, I do not think it is a good or bad sign. Take care, Jason
Well, we were lucky enough to file for asylum after the new changes took effect, so our interview was scheduled within a MONTH of the application. However, it’s been more than a month and we still haven’t received any kind of decision and it doesn’t look our case falls under any of the groups above.
At the same time, I really hope we gonna receive it soon since it doesn’t make much sense to make an interview in a month and then to postpone the decision for years…
There is no way to know when a decision will be issued. I have seen that people from Muslim countries, especially men, tend to wait longer than others. But it is really unpredictable. If you do not have a decision in another month, maybe you want to email the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
My lawyer told me to wait for decision for atleast 6 months but luckily I received approval letter with I94 after three months.
I was just granted asylum and wanted to share the timeline with other folks. Since almost all the comments are written by the people who are waiting for a decision, I wsnted to share this and tell you that you wont wait forever.
Filed my case on June 2014,
Interview Oct 2016
Rec Approval Nov 2017
Approval Jan 2018
Folks, if you dont bug them times by times, they can delay your case for as long as they want. Dont want to give too mich details but withoutemailong them, my interview could take an additional year. Without the help from my representative office, my case could get rejected because I never received any letter from them regarding submitting additional documents. Without ombudsman, my representativ and my own emails, my decision could take a lot more time. My attorney kept telling me to be patient, but I didn’t listen to him. If I had listened to him, who knows, maybe my case was rejected.
Thank you Jason for your great posts.
I don’t think we really know whether your bugging them made a difference in the time line. My impression is that it does not, but it is a good question. I will try to ask someone who works at the asylum office about this, and maybe write something about it one day. Congratulations on your asylum and thank you for sharing this, Jason
Hi Asylee, my congratulation on your asylum. We alredy passed interview and have been waiting decision about one year. Could you plese share information how you reached ombudsman and what you requested. Thank you.
Jason have these written on the top. Ombudsman office has a form you fill up and they use that to send inquiries to the asylum office. It’s easy to fill. Consider talking to your congressman’s office too. I’m sure you will hear something soon
Hi Jason, I applied for an asylum on June 2015, and I have not been called for interview yet. It will be my third year coming this June. I was wondering if that’s Normal or if not, if you had any advice on the matter. I’m especially worried because I am not currently at the residence I put on my I.589 hence I’m a bit anxious I might of missed my interview notice mail. My uncle still lives in that residence and usually they r very reliable but being that I haven’t received any mail from USCIS for all this time, I’m a bit concerned. I have renewed my EAD twice so far and on my second renewal I was given a 2 year extension. I would appreciate if you had any advice on how to make sure I haven’t missed my interview notice or even if there is a way I could find out the time frame for the interview. Thank you
Check the Asylum Office Scheduling Bulletin – a link is at right. You can also contact your local asylum office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. If you have moved, you should also change your address. You can do that using form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi Jason! I came on tourist visa to attend conference. I didn’t fill my ds 160 form for visa application and I really don’t know who filled me married and spouse name and dob. I really had no idea as I was never married. I just came to know from asylum officer that I filled married and had spouse name and dob. He told me to pick up the result in 14 days. Very stressed now. Can I do anything so that I can prove that I was never married and I didn’t fill visa form
Someone filed the form, so maybe you can find out who, and why they included incorrect info. If you can get a letter (or letters) explaining the error, maybe you can submit it to the asylum office and they will accept the explanation. For what it’s worth, lying on a visa application is not necessarily fatal to an asylum case (see Matter of Pula), however, if they think you are lying about your visa at the interview, that could be a problem. Take care, Jason
Hi Jason! Today my AO called my lawyer and told them they will mail the decision. So I shouldn’t go to office to pick up the decision. Why did he say this?
This is very common and does not indicate anything about the result. It just means that your decision is not yet ready. For our clients, at least 50% of the time when the officer schedules a pick-up, they call and change it to a mail-out. Take care, Jason
Jason, I appreciate your good work. I applied for asylum 2013 they approved it in 2016 and then reopened. One of the certificate I presented was not verified and the minister had bad reputation on internet. They investigated it and gave me a referral. I am dieing since that day. My attorney is uncooperative. What can I do ?
Find a cooperative attorney and gather all the evidence you can to show why your case was valid, and perhaps to explain why you used a minister with a bad reputation (maybe you did not know his reputation). Take care, Jason
Hi Ksreena Gomez
I did not get when you say ” one of the certificate you presented wasn’t verified”. What does it mean. Can you please eleborate a bit?
And what is about minister? You mean an attorney ??
Thanks in advance
Dear Jason,
I filled my case on Oct 2014, first interview Nov 2014, my second interview was on Feb 2015. Up till now the case is still pending, last update from AO that my case is pending HQ review, what should I do? How can I reach out to the HQ office? I couldn’t find any email or office address for HQ office.
I don’t want to wait anymore, and yes I have my EAD card!
Please help..
I know of no effective way to reach out to headquarters. You can try the USCIS Ombudsman (a link is at right) and if that does not work, you can talk to a lawyer about a mandamus lawsuit. That may be the only way, depending on why the case is stuck, but the mandamus does not guarantee that your case will be granted – it usually will result in a decision, though. Good luck, Jason
Hi Jason,
Thank you for this information and your help. I did the interview at Oct/20/2013, I supposed to pick the decision 2 weeks later, after that I received a call from the officer that he needs more time to review and since then it has been pending up till now. Do you think I should file for a mandamus lawsuit??
You can file a mandamus, but before you do that, you should contact the local asylum office and inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. If that does not work, try the USCIS Ombudsman (a link is at right), and if that does not work, then try the mandamus. Take care, Jason
4 years of pain, I have tried everything, the leaders of USCIS and Homeland security are missed up and they do not know what they are doing or what to do once they face a crisis like the influx of refugee thru central America, even if I am threat, I have been here for 4 years, what they are trying to figure out. USCIS should be led by immigrants occupied by knowledge of the law, not just some law people how does not know what it dose feel.
Thank you Jason
Hello Jason. It’s been 5 years me waiting for a decision for the asylum application I made for me and children. We did the interview , told that they will contact me but there has been no communication. I never moved. Please help
First, you should contact them and ask about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can inquire with the USCIS Ombudsman – a link is at right. Finally, if those things do not help, you can talk to a lawyer about filing a mandamus lawsuit to force them to make a decision. Good luck, Jason
Hi Jason: I’d like to thank you for your help and information.I had my interview since July and every time I visited the Asylum office they told me there is no information in the system.I sent many emails to check the status of my case but I haven’t receive any reply. However,I visited the office on Friday and talked to the supervisor (after waiting for more than 1 hour because they were searching for my file),she told me pending for a security checks which I doubt.However,I left the office.After 1.5 hour,I received a reply to my email that I sent on August.Here is the reply: ”Your case is pending final review prior to a decision being rendered and served to you by mail.
We are unable to estimate how long the review might take, but we have forwarded your email so that your asylum officer is aware of your inquiry.”
So I am wondering what does it mean a FINAL REVIEW? Does it mean that the security checks are clear and the supervisor is reviewing the officer decision,or they send it to the HQ or the officer need to review the case for the last time and send it to the supervisor? One more thing,why they mentioned that they inform the asylum officer with my inquiry?! If it is a security check matter,the asylum officer has nothing to do with it right? So please let me know what do you think about what happen and about the email that I received.Thanks.
Everyone undergoes a security check and so that may be the reason for the delay – that is pretty common. It could also be something else; whatever they may tell you is often not so useful. There is little you can do to get them to make a decision faster. You can inquire once in a while, but that does not do much to get a faster decision, at least in my experience, and I think it is not helpful to try to interpret their statements, as that often leads no where. I think you are not there yet, but if the wait gets too long, and your inquires do not help, you can try the USCIS Ombudsman, and if that doers not help, you can file a mandamus lawsuit. But again, your length of delay is not that unusual. Hopefully, you will get a decision soon. Take care, Jason
I’m in a similar situation. I applied way back in 2015, and I have not yet received my interview notice yet. Thank fully, I renewed my EAD, and I was given 2 years extention before it expires. Hopefully I get my interview notice a year (or sooner) from now. Is it common to wait for an interview notice for almost 3 years or should I contact them and find out the reason behind it?
I meant 180 days extention a month early before my card expired.Then I finally got a 2 years EAD permit.
It is common – you can see wait times if you check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
I applied for asylum and I have the interview on about July 16, then I should received the decision in 2 weeks, but I got a phone call one day before to pick up the decision that officer can’t take a decision he needs more documents, my lawyer and also myself send the information but not answer since September 3, when officer ask again for documents, and we resent again, I am concerning because my EAD renew is stop for the officer and my grace period of 180 expire next month.
The request for evidence should not affect the EAD renewal, so hopefully you will get that. It is pretty normal to see this type of delay. If it gets too long, you can 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
Hi Jason, I applied for asylum in June 2015, n I have not yet been called for an interview. I am especially worried because I have moved form the residence I had put on my I-589 from although I am still able to get mail being that my uncle still lives their and they are pretty reliable; yet I am still a bit paranoid they might over look my interview notice mail. so my question is: is there a way I can check if USCIS has already sent me an interview notice, and if so what can I do about it if I haven’t received it due to…….Also I mentioned I moved and I know I am suppose to notify USCIS of my change of address with in 10 days ..but in my case its temporary…I had consulted my lawyer about It n he advised me only to notify if am I moving permanently because it would only cause my case to even be delayed for a longer time since a different service center is going to review my case again. The reason I moved is because I got accepted to a university at a different state: also I’m working there as well…..will the fact I didn’t notify them and work in a different state< (even though its temporary} affect my case on my interview? I read most of the comments and I truly want to thank you for taking your time to give us advice and in turn get such a huge load of our backs.
You are supposed to update your address with the asylum office if you move. You can do that using form AR-11, available at http://www.usics.gov. In your case, I suppose you can argue that the move is “temporary” since it is for school, but since you seem concerned about whether you will get the notice, you might want to update your address anyway. If this results in a new asylum office hearing your case, that should not cause much delay (and might even be faster depending on the asylum office – check the Asylum Office Scheduling Bulletin; a link is at right), but it might affect whether your lawyer can attend the interview or how much that will cost. You can email the asylum office to ask about the interview if you are worried about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you so much for replying. I will email them. Also dispite my doubt I recently received my EAD renewal hence I assume they wouldn’t of issued me one unless I have not yet missed my interview notice. I’m also going to call USCIS. Also I had an important question, I haven’t submitted my statement yet. I only submitted my I-589 form. Mainly becausita not a simple essay to write being that it’s very personal, and on top of it it’s very hard to remember things you have blocked from your mind. Anyways I was wondering the fact I have not submitted my statement would affect my case and also how many days early before my
interview am I expected to submit it? Again I want to thank you. You work is very appreciated
You can submit the statement separately. In our local office (Virginia), you have to submit documents at least one week before the interview. Different office may have different rules, and you need to ask your local office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
hi i made the interview for asylum 3 months ago and i check with asylum office by email 3 times and they replay to me for first time is my case under routine review and they will make decision and second time they replay to me still under review
and now third time when i check they replay to me by email said
my case currently under further review and we will make decision as soon as possible so plz can tel me what is that mean in all them replay from first time to last and thanks too much
I think you cannot get much information from the different wordings. They have not reached a decision yet, and so you have to keep waiting. It is very common for cases to be delayed after the interview, especially for men from Muslim countries, but sometimes for other people as well. I would not contact them more than once a month, as it does not make things any faster. Hopefully, you will get a good decision soon. Take care, Jason
I was interviewed in jan 2016 and I am waiting for the decsion till now. I mailed the office in Anahiem twice but no answere. Can l go to the office in person without an appointment if not how can l schedule the appiontment with them? I like to meet the officer who interviwed me ,but l dont know her name I have only her signure on the receipt. With my best regards.
I think Anaheim is a sub-office, so I do not know if you can go in person. Maybe you can go to the main office and ask there. You should email them first to ask about an appointment or visiting hours, or if it is possible to go to the sub-office. You can find their contact info if you follow the link at right called Asylum Office Locator. Usually, there is no way to talk to the officer directly, only the support staff. Take care, Jason
Dear Jason,
Greeting and thank you for your unreserved help. Just I have the following questions for your clarification. After 15 months of delay ,I expedited my case at the end of Jan /2017 and approved in early February 2017 and interviewed on April 26/2017. As per my attorney and my judgment the interview went well . At the end of my interview, The Asylum Officer told me that will be on vacation for 2 weeks , She will not work on my case immediately. So, indicated me no need for me to come and pick the decision will be mailed after a vacation return . Then I signed a letter that indicate the following explanation. However, I could not get the decision up to know, I emailed them 3 times the response was the following; your case is pending in our office for final decision and we will email you as soon as we reached final decision? What is this imply or what that mean? how long will take to get the decision and what do you suggest to expedite my decision?
Best regards;
Delays after the interview can be short or long (years long), and it is very unpredictable. If you email them every few months, that should be fine. You can also inquire with the USCIS Ombudsman – a link is at right. If you do not get a decision, you might also consider a mandamus lawsuit (but probably it is too soon for that). You can ask your lawyer about that. Take care, Jason
Thank you for usual swift reply.
hi Jason, I arrived in 2007 on F1 visa and filed the asylum on late 2012. did the fingerprint on Feb 2013 and my f1 visa was terminated on April 2013. I stooped going to school for 1 year and then i was readmitted on 2014 as a residence. on 2016 i was graduated. Had my interview on May 2017 and was told to pick up the decision in 2 weeks. Then received the mail that they need my all I20s and i should wait for the decision to be mailed to me. Sent them the needed documents and was hoping to receive the decision but no news yet. Do you think is there any bars applying to my case? any comment would be highly appricated. Thanks for help
It sounds like you were in lawful F-1 status from 2007 until you filed for asylum in 2012. This would mean that the one-year asylum filing bar should not apply (well, it does apply, but you meet an exception to that rule and you should be eligible for asylum). Maybe there is something else, but it sounds to me like this is the issue they are double checking. Anyway, you can contact them and ask for a status update. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi jason
I filled my application in January 2014, I didn’t get the interview yet, when my attorney asked them they said it’s under review , what does it mean ?.
The other point is my previous attorney had a problem and I changed him could the delay because of previous attorney problem, i am worried because on uscis scheduale I should be interviewed in February or January of 2017.
Thank you very much
Changing lawyer should not have any affect (as long as the new lawyer entered his or her appearance as your lawyer). I do not know what it means to be under review when you have not yet been interview. I would contact them again and ask whether you will be interviewed. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I have a question about post-interview delays in cases with persecutor issues. I have never served in the military or worked for police or any other enforcement agencies. My father, however, has served in the military in my home country. Do you think this could cause a delay in the USCIS’ decision on my case? Did you have any experience with similar situations?
Regards
We have not seen a case where a parent’s military service has caused delays, but it may depend on the facts of the case – if somehow you are involved in his military service, maybe that could cause an effect. In general, military service is not an indication of being a persecutor, but it depends on the country, the military, and of course, what the person did. Take care, Jason
Hi,jason . I applied for asylum case in sep 2014.I had my interview in jan 2016.l am still waiting for the decision.l mailed the office in Anahiem before six months ago , they answered that my case is still pending and they will sent me the decision when they finialize the processing. They do’nt tell if my case is in the HQ or somewhere else. I have american grandchildren. Could that help me to granted my case? What l have to do to expedite my case? It is very difficult to wait for along time.
With my great regards.
At this stage of the process, it is probably not possible to expedite the case. You can contact the asylum office periodically to inquire, or go in person. You can also contact the USCIS Ombudsman (a link is at right). They can help with delayed cases sometimes. I do not think having US citizen grandchildren will have any effect on the case. Take care, Jason
Hello Jason,
I had my interview 1 year ago the asylum officer told me I will receive my decision by mail I am still waiting. I did two inquiries in both they said my case is under quality review in HQ office.
Is there any way to expedite the process in HQ office because my family is living in war zone and under threat.
If my case pending for decision in HQ office can I file a humanitarian parole for my family to bring them here. And how much will cost to do that.
Thanks
You can get evidence of the danger and submit it to the asylum office and then ask them to expedite. I do not know if it will work, but it may be worth a try. As for humanitarian parole, it is typically not used for this purpose (normally it is for a medical emergency). I suppose you can try – you should look at the instructions to form I-131, available at http://www.uscis.gov. That has the procedure and the cost. I believe they need to try for a B visa first, and can only do HP if the B visa is denied, but you need to check that. Also, you could try moving them to a third country to wait, but of course, that is also very difficult, given the unknown waiting time. Good luck, Jason
Hi, Jason. I was interviewed on February 16 ,2017. I was required to turn in additional documents . I was told I will receive the decision in one month. But until now I have received nothing. Can I go asylum office to ask in person?
I worry I will harm my case once I go ask.
Ho do I do now?
Thanks
Molly
There is no harm in going to ask (as long as you don’t bug them too much). It is very common for the officers to tell you that you will get a decision in a month and then it takes much longer, so I would not worry too much about that. Nevertheless, you can go and ask, or you can email them and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi, Jason.
Thanks for your response in time. Can you analyze my case? It will be approved or denied?
Thanks
I can, but probably not before May. You can contact me at Jdzubow@Dzubowlaw.com. Take care, Jason
Hi, Jason.
Thank you for your response in time. I have a question that i add my daughter whose status is information student into my asylum case when I was interviewed. She plans to go back to China during summer holiday. I am not sure she can re return USA. She has student visa. I am waiting for the decision so hurry. Could you tell me if she can rereturn to USA , once she goes back to china?
Thanks
Sincerely!
Molly
If she is added to the case and she leaves, she will need Advance Parole (form I-131, available at http://www.usics.gov) to return. She may get in using only her student visa if she is lucky, but she risks being rejected at the border or detained at the airport. If she is not part of your case, and she returns, she should be able to get back here if she already has a student visa, though I do think there is some risk that she will be rejected at the airport. If she needs a new student visa, she may not be able to get one since her parent has an asylum case pending. Given that you have filed for asylum, it would be safest for her to remain in the US and continue as a student. Probably, she will be able to return if she leaves, but there is no guarantee. Take care, Jason
Hi, Jason
Thank you for your response in time. In last response, you tell me , It would be safest for her to remain USA and continue as a student with student visa here. I want to know why? Because you said she can’t apply a new student visa in the future. My daughter is in private high school currently . I want to know if it’s necessary to keep students visa status for her? Because even though she has student visa , she still can’t go back to china. So I confuse if I transfer her to public school? I am so anxious. Because registering for next semester is coming.
Thanks
Molly
If she leaves the US and tries to get anew student visa overseas, she likely will not be able to return to the US, as the embassy will probably deny a new student visa because she has a pending asylum case. If she can transfer schools and keep the student visa alive without leaving the US, that should be fine. I do not know if it is possible to do that, and you would need to talk to the schools involved and maybe hire a lawyer to assist. Take care, Jason
Hi, good morning! Jason
Thanks for your response. I appreciate that. My question is why I should keep her student visa alive if she can’t re-enter to USA, once she leaves. If I transfer her to public school, I will give up i -20. Can you tell me why I keep her student visa alive? Her student visa will expire in 2022.
Thanks
Fop an asylum seeker, the main reason to keep an F visa alive by continuing in school is so that the person remains “in status” and is able to change to another status without leaving the US. So maybe later, after college, she can change to an H1b visa and then maybe get a GC through her employer. Staying in status keeps additional options open. Most people are unable to do that, but some people prefer to have the other options. Take care, Jason
I Jason , my wife did apply for the withholding removal asylum she got the receipt with the A# but it was written the application was pending. what does mean.
Thanks Jason
I guess it means that the application is pending – this is normal. Take care, Jason
I Jason , my did apply for the withholding removal asylum she got the receipt with the A# but it was written the application was pending. what does mean.
Thanks Jason
I do not understand – sorry, Jason
Hi Jason
what is the possible scenarios after filling lawsuit with Federal court for a case at HQ for review?however the case has the right to be expedited,a medical issues
Thanks
There is no “right” to expedite a case; you can only ask for expedition. A lawsuit may cause them to go faster, but it could also cause them to deny the case if they are unable to complete the background check. You should talk to a lawyer about the specific situation before you try this. Take care, Jason
i have an EAD I applied as an asylum sept 2015 but I’m yet to get interview date. I intend to travel to marry my sweetheart soon outside the country . do you think its adviceable and how long do you think this will take
You should not leave the US without Advance Parole (form I-131, available at http://www.uscis.gov). If you are married at the time of your interview, you will need to update your I-589 when you go to the interview, and also bring evidence of the marriage (marriage certificate, photos, etc.). If you are granted asylum, your spouse will be able to join you in the US. If you both plan to live here, it may be better for your spouse to come here before you are married, and then get married here and add your spouse to your case. It will be easier for your spouse to get a visa before you are married (if you are married, the embassy will not issue many types of visas to your spouse because they will believe the spouse is coming here to stay permanently, and many visas, such as the visitor visa and student visa are only for temporary visits). Take care, Jason
I went individual hearing in January 2016, ij told me that ( I leave your case an open record within 30 days) and he’ll mail it to me the decision but I didn’t hear them until now.
I call immigration court number and it’s saying my case still pending (oh god)
can you tell please why they don’t make decision it’s almost a year since I was final hearing
You need to contact the court directly – not the 1-800-898-7180 number – and talk to the IJ’s clerk. You can find the court’s phone number if you follow the link at right called Immigration Court. Take care, Jason
Well they said that ( we have a lot of cases and we can’t do fast
Do you think there is a delay and there is nothing wrong on my case, he told me everything is possible
It is very difficult to know why a particular case is delayed, and many cases are delayed, so it does not necessarily mean that something is wrong with the case. Take care, Jason
Hello i filed my asylum on September 2013 in miami office, i moved to texas on aug 2016 , after 3 years and 2 months exactly i was called for the interview, the interview was well, the officer was so nice and polite, i just answered about 2 question badly, but the interview was only 2 hours, she made me feel confortable all the time, she told me to pick up my decision 14 days later in person, 7 days after the interview i got called by uscis and they said they will mail the decision and i was going to receive it in 2 weeks after the call, its been a month already, and i havent recieved anything, i waited 3 years and 2 months for the interview, do i have to wait more time? i am tired of waiting.
I do not blame you for being tired of waiting. Unfortunately, the situation you describe is very common. I wish the officers would tell people that decision are not often ready in 2 weeks, but usually they do not do this. I do not think they realize how harmful it is (I wrote a post about thus called “Some Unsolicited Advice for Asylum Officers,” I think). You may get the decision today or it may take many months. Unfortunately, there is no way to know, and you have to continue to be patient. Take care, Jason
what i dont understand is why they told me to. pick it up and then the mext week they said dont come we will mail to you, why that change of mind, waiting so long means a bad decision or something? i am really worried. i am from venezuela.
Usually, this happens because the security background check is not complete. It is common, and it really has nothing to do with your case or the outcome of the case. It is very unfortunate that the officers tell you to expect a decision in two weeks, and then you do not get it. It would be better if they gave you the full story, so at least your hopes were not built up and then dashed. But in short, it is common and is no cause for concern. But it could take some time before the decision comes, and you need to be patient. Take care, Jason
Hi Javier,
Any update did you get your decision?
Thanks and regards
Hi Jason,
I was interviewed at the Arlington Asylum office in May, 2014. No issues were raised during interview. I was told the decision will be mailed to me. It has been more than 2 and a half years and I haven’t received any decision. Today, when I went to the office in person, they told me that it is under quality assurance review. What does it mean and what should be my next move in order to expedite this whole process and get a decision. Please don’t say that sue the government as I have talked to my lawyer and that’s a very expensive thing which I can’t afford.
Thanks.
You can check with the USCIS Ombudsman – a link is at right. Maybe they can help. There are many people (including many of my clients) who have been waiting as long as you, and it is basically not possible to expedite the post-interview process. Maybe if you have a health or family emergency, you can present evidence of that to the Asylum Office and that will help. We have tried many things for our clients, with very little effect. Good luck, Jason
HI Jason,
I got Recommended approval in July 2016, I applied with my wife and 4 children out of which two are above 14 years of age, today its been 102 days and we are still waiting for final approval. In present scenario, do you have any idea as to how many more days for it, just a guess?
I was living in LA and was interviewed there and got my recommended approval there and in September i moved to Houston, do you think that can be the reason of delay? My lawyer did file change of address in Oct but have not received any receipt etc so far.
Thanking you in anticipation
regards
I do not think the move would have any effect on your case. The average wait time from recommended approval to final approval is 105 days. However, we have seen people get the decision in 2 weeks (just recently) and we have other people who waited years with no decision. In other words, I think there is no way to know. You can inquire with the Los Angeles Asylum Office (their contact info can be found if you follow the link at right called Asylum Office Locator) and also with the USCIS Ombudsman (a link is at right) and maybe this will get you some more info. Take care, Jason
Thank you very much Jason, i appreciate your efforts to keep people enlightened with your knowledge, whenever there is time to apply for green card, for sure you will be my lawyer, thanks again and
Regards
Do you think its a good idea to email my IO, since i have his uscis email address but my lawyer thinks its not a good idea? And my interview was in Louisiana so i dont think it will help me to call Los Angeles office, probably you thought its that La,
thanks and regards
I generally discourage my clients from emailing the Asylum Officers directly. However, if you send a short, respectful email, including your alien number and the date of the interview, it is unlikely to do any harm. The problem comes when applicants and attorneys are not in agreement on strategy and do not know what the other is doing. In the end, it is your case and your decision, but I highly recommend you coordinate with your lawyer and at least tell the lawyer what you are doing (and cc the lawyer on the email). Take Care, Jason
so its better not to bring my bottoms in front of a flying arrow and wait for a week more at least ,
Thanks a lot Jason you are doing a true good job.
Well said.
“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.”
I thought that if your asylum application is denied, you are banned from requesting asylum again, and can only receive protection under the Geneva Torture Convention?
You can re-apply for asylum, though the procedure is different than for an initial application. If you are in this situation, you should talk to a lawyer to make sure you can re-apply. Take care, Jason
Hey jason can u help me out with this issue! My mother has applied asylum in june 2013 and then she got no response related to interview call … She waited for a long time nd then in september 2016 she recieved her interview call and she gave it on 14th september 2016.. Asylum officer told her that she will recieve her decision via mail within two weeks after interview but it’s been a month and she has not recieved anything. How long will this process take? My mother has already waited alot.
Unfortunately, the asylum offices often tell you this, and it often turns out to be false. It would be better if they did not make promises that they cannot keep. Anyway, it could come tomorrow, or it might take many months. There is no way to predict. She has to remain calm and patient and hopefully it will come soon. Given that you were told 2 weeks, you may want to contact the Asylum Office and ask them about the status – You can find their contact info if you follow the link at right called Asylum Office Locator. However, your mother’s situation is very common, and so I doubt they will tell you anything useful, but I suppose there is no harm in asking. Take care, Jason
Hi,
I filed for asylum on sep 2014. I’m from Nepal, and last year i also filed for TPS as i was qualified for it as well. But till the date i haven’t received an interview date, neither have i received response other than biometrics scan twice, once for asylum and another for TPS. I don’t know why it is taking so long. I’m worried if my TPS applicaion have affected my asylum case in any way. I went to the office twice within two yrs , each time they estimate i might be receiving date within 6 mths. Any suggestions plz?
Asylum cases are very slow – you can check the Asylum Office Scheduling Bulletin about that (a link is at the right). As for TPS, you might try contacting the USCIS Ombudsman – there is a link at right for that too. They can assist with delayed cases, and it seems like your TPS case is very delayed. Whether this is related to your asylum case, I do not know, but I doubt it. Take care, Jason
Hi Jason.
I would like to Send a email to USCIS to ask the reason why my case pending in HQ and to check TRIG inadmissibility with them. Can you briefly write their email in comment because I could not find it in link which you refer it.
I do not have an email address for HQ, and I think there is no general email address there. There is a link at right called TRIG inadmissibility, and I think they post their email address at the bottom. I am not sure if they removed it, or if it still works, but maybe try that and see what happens. Also, you can contact the USCIS Ombudsman – a link is at right. Take care, Jason
Hi Jason,
My asylum application is referred to the immigration court in Newark NJ and my master hearing is on March, 2018, Is there any way I can advance my hearing date? I know I have to file a motion to advance but I m afraid if the motion is get denied and harm my case.
I came to the US in Sep 2012 ans since then my case is pending between USCIS and Immigration court.
AAA
A motion to advance may not work, but I do not see how it can harm your case. You could also try to enter pleadings in writing (in other words, instead of waiting until 2018 to tell the Judge how the case will proceed, you write it down and send it to him now). This might also get you a sooner court date. For people in court, it is very helpful to have a lawyer. I suggest you find a lawyer and ask whether the lawyer can do something to make the case faster. Take care, Jason
Hello Jason
I had given my asylum Interview on May 1 2013. Interview went well and the interviewer told me that i will get the result in mail and after that i haven’t got any mail from them. I am so frustrated, wating fro my decision. I had given my interview in Nebraska office but the interviewer came from Chicago asylum office.
Please help me on this. how can i get the information about whats going on with my case? and where do i have to contact.
Thanks
Susan
Unfortunately, this is a common problem. You can contact the Asylum Office itself or go there in person (you can find contact info if you follow the link at right called Asylum Office Locator). Also, you can try the USCIS Ombudsman, a link is also at right. These are the best ways to get started. You can also ask your congressperson for help (usually a waste of time) or file a mandamus lawsuit (possible expensive and usually a path people do not want to go down). Good luck, Jason
Hi Jason
In this article you did not talk about the suggested solution, so is submitting FOIA request give you a solution for your pending case?
I doubt a FOIA would help here. I suggest contacting the asylum office, maybe through a liaison, like AILA, or contacting the USCIS Ombudsman – a link is at right. Also, if all else fails, you can try a mandamus lawsuit. Take care, Jason
I was interviewed April 2014 and was advised to come pick my decision in two week . kept going back and forth following up on my case and was told six month later that the officer working on my case no longer works there and it has been handed over to the SV . then April 2015 I was invited to do a second interview with a different officer and same thing happened less that a month later went to pick up my decision and I was told that she has been transferred and no longer work there . then once I got response that case holding background check then I got that its under review with asylum officer again and the last time I went it was under review with HQ . Now I am totally confused and disappointed . It just feels sad after all what we have already been through . any advice other than keep waiting for a response ????? Thank you in advance . best wishes to everyone
I have seen this before; it is really awful. I think they do not fully realize how harmful this is for people in your situation. One idea is to contact the USCIS Ombudsman – a link is at right. Give that a try. After that, you can sue them (mandamus lawsuit), but start with the Ombudsman. Good luck, Jason
Hi Jason
I receive this letter from asylum office, is that mean they send it to HQ for review or what that mean?
“we are waiting the results of mandatory, confidential investigation of your identity and background. There is no need to contact our office. You will be notified as soon as this investigation is complete. You may be contacted to submit another set of fingerprints for this investigation”
I do not think it means that. It sounds like they are doing the background checks, which may be quick, but sometimes (unfortunately) takes many months. Take care, Jason
Hello Jason,
My interview was in April 2016 I have contacted USCIS office they said it is under extended quality review in HQ office . What dose it mean and how long it will take? How to expedite the process?
Waiting for your response
Thanks
The average wait time for HQ review in 2016 was 239 days (see page 16 or https://www.dhs.gov/annual-report-congress). Many of our cases at HQ seem to take much longer than that, so I am not sure how accurate it is (though I suppose it is the “average;” it does not discuss how much variation there is). I know of no way to expedite the HQ process. Maybe you could sue USCIS (a mandamus lawsuit), but you should talk to a lawyer before you try that. Good luck, Jason
Hello,
I am from Syria. It has been over 3 years now since i did my interview in Chicago office. Every time we follow up they say they are waiting for security check. I heard that already 2 years ago. What security check takes over 3 years? My lawyer did mention that since i been in the U.S since 2000 they might wonder why i filed now 12 years later. The answer is the situation got worse all my family members fled fearing persecution as i was imprisoned before and recently about 3 years ago my brother escaped miraculously.
I made a recent inquiry early this year and they said still pending.
I feel trapped. what can i do? And what takes so long to make a decision like that? I have 2 kids born here in the U.S., i never did anything wrong to jeopardize my status in the U.S. i just don’t get it.
Any suggestions?
Thank you for you help in advance.
The security background check is mysterious (it is also ridiculous – of someone is a danger to the country, why would we allow him to wait around for 3 years for a background check). You can contact the Ombudsman’s office to inquire – a link is provided at right. It’s free, so it’s worth a try. If that does not help, you can sue the government (called a mandamus lawsuit) to force them to issue a decision. You might also check out this report: https://www.aclusocal.org/CARRP/. (and maybe you can even contact the ACLU to see whether they have any ideas). One of these days, I plan to do a posting about it, but it is depressing reading. Take care, Jason
It’s almost a year since I made an interview. I asked the AO at least twice. They said its pending here at asylum officers’….what does it imply such kind of thing? They snub to take a look at it? Thanks
It just means there is no answer. I would not take it as a snub – thousands of cases are pending and they simply to do not have the ability to give substantive responses to inquiries. It may also be waiting for a security background check, which is not within the control of the asylum office. Hopefully you will get some good news soon. Take care, Jason
HI Jason,
Two years passed since I was interviewed.No decision yet received.The interview was good and the AO initially told me to pick up the decision in two weeks time but later she called and told me to wait the decision by mail.
Recently I requested the arlington office in person, and they replied that my case is under revierw by Quality Assurance departement and they can’t do any thing unless it is release from the QA department.
Why my case transfered to QA department ? is there a back log at QA? What should I do inorder to expediate the decision?
Thanks in advance for your advice.
I list the main reasons this would happen above. You might also send an email to see if there is a terrorism-related issue. The link at right called TRIG Inadmissibility has the email for that. Good luck, Jason
Hi Jason my wife’s case was at 9th circuit for a brief in Nov 2015 now she got news that her case will be returned to BIA because they made a mistake she filled for asylum before the one year deadline when you enter US which she did file one year before she entered US what should we do, she has the option of closing her case put it on hold or have BIA make a decision since they didnt make a decision prior because they said that she didnt file prior to one year dealine any suggestions
If you are talking about closing the case based on PD (prosecutorial discretion), and you have that option, you should talk to a lawyer about the specifics of your case. PD is not great, but it is better than nothing. It is similar to Withholding of Removal – I wrote a post a few weeks ago about why I do not like Withholding, and the same logic applies to PD. If you have a strong asylum case, maybe you want to try to win, but if the case is weak, maybe PD is better. You need to talk to a lawyer about the specifics of your case. Good luck, Jason