If you want to maximize your chances for winning asylum, where is the best place in the U.S. to apply?
It’s unfortunate that we even need to ask this question. In a perfect world, the approval rates for each Asylum Office would be about the same. But in the real world, approval rates vary–by quite a lot, it turns out.
Our team of mathematicians here at the Asylumist have been working hard to analyze the most recent data from the Asylum Office, and we’ve summarized our findings in the attached chart. You can see that the approval rate for the San Francisco office (76.5%) is significantly higher than for the other Asylum Offices. The next best offices are Arlington (51.8%) and Los Angeles (50.7%), followed by Chicago (38.3%), Miami (37.7%), and Newark (35.8%). The worst offices are Houston (27.6%) and New York (22.6%).
First, a word about methodology: We used monthly statistical information from the Asylum Division Quarterly Stakeholder Meeting to calculate the percentages. USCIS posts this information four times per year, and you can see the latest posting here. We looked at the numbers from the most recently available six month period: April to September 2015. To determine the approval rate, we removed from the mix (technically, from the denominator) asylum denials based on no-shows–in other words, where the applicant herself never attended the interview.
Just for fun, we added another column listing the length of delay before the interview at each office (as of February 2016 – one day, I will do an article about why the posted wait times are not good predictors of how long a new asylum applicant will wait for an interview). You can see that the Asylum Offices with the lowest grant rates (New York and Houston) also currently have the shortest waits for an interview (20 months and 21 months respectively). Perhaps there is a connection between grant rates and waiting periods, but I doubt it–the office with the highest grant rate (San Francisco) has the third shortest waiting time (25 months).
Based on the above analysis, the savvy asylum seeker might conclude that the best way to maximize his chance for a grant is to live within the jurisdiction of the San Francisco Asylum Office, or as a second choice, the Arlington, Virginia or Los Angeles Asylum Offices (to see which Asylum Office has jurisdiction over your case, check the Asylum Office Locator). But I think such a conclusion assumes too much. I also think there are other factors worth considering besides grant rates and wait times. Let me explain.
First, it’s difficult to know what’s behind the above numbers and how applicable they are to an individual case. Who is seeking asylum at each office? From which countries and for what reasons? Are applicants more likely to be represented by a lawyer (which increases the likelihood of a grant) at certain offices? Some types of cases are more difficult to win than others, and this might be reflected in the statistics. For example, supposedly the Houston office has a higher percentage of applicants fleeing persecution from criminal gangs in Central America. In general, such cases are difficult to win since applicants don’t easily fit into a protected category under the asylum law. If we could eliminate Central American cases from the mix, perhaps the Houston office would have a higher grant rate. So does this mean that if you have a different type of asylum case (say, an Iraqi fleeing religious persecution), Houston might not be a bad place to apply? Maybe. At least it probably is not as bad as the overall approval rate suggests.
Second, while USCIS provides limited information about why cases are denied, they do give us some information–most importantly, they provide the number of cases denied due to missed filing deadlines (asylum applicants are required to submit their applications within one year of arrival in the U.S. or meet an exception to this rule; otherwise, the Asylum Office will automatically deny the case and refer it to an Immigration Judge). For some reason, the New York office has a high percentage of “Filing Deadline Referrals.” Roughly 35% of all referrals in NY are due to the filing deadline. In most other offices, less than 20% of cases are referred on this basis. If you remove such cases from the calculus, the overall grant rate in NY goes from 22% to over 30%. So does this mean that more people are filing late in New York, or does it mean that New York is less likely to find an exception to the one-year filing requirement? While I suspect it’s the latter, we really don’t know. But if you are filing your application in a timely manner, the New York office may not be as bad as the chart above indicates.
The bottom line is, we don’t know a whole lot about what’s behind the Asylum Division’s statistics, and without a better understanding of the situation, it is difficult to make predictions in an individual case.
There’s another unknown factor at play here as well: These cases are taking a long time, and given the relatively short tenure of each asylum officer (two or three years, I’ve heard), the approval rate at a given office may change by the time the interview date arrives. So a good office today may be less good tomorrow (or vice versa).
Finally–and for me, this is the best argument against forum shopping–given the years-long waiting period before the interview, asylum seekers have got to live their lives. I often advise new clients that they should live as though they are going to win their cases. Why? Because it’s impossible not to–how can you put your entire life on hold for two, three or more years while you wait for an asylum decision? In some things (reunification with family, certain job opportunities), you may have no choice, but to the extent possible, you need to live your life while you are waiting for a decision. This means you need to live where you have a job or go to school, or where you have the support of family members and friends. If you choose where to live based on the local Asylum Office approval rate, you may have a hard time surviving the wait.
On the other hand, if all else is equal (or maybe if you just have a hankerin’ for some Rice-A-Roni), San Francisco is probably not a bad place to apply.
I am going to apply for asylum soon. But before I do so, I would like to know when I will be eligible to apply for EAD. Should I send EAD-work permit Form (I-765) along with I-589. How does USCIS take to grant EAD following the receipt of the application I-589 or how should I wait before I apply for EAD. Thanks for your kind assistance.
Jackson Colon
You have to file the I-589 first. Then you must wait 150 days from the date the I-589 was received. After that, you can file the I-765. EADs are taking about 4 months, though I have heard about people receiving them in less time. Take care, Jason
My husband has applied for assylum but I just came to US to join
him. Can I still be included in the application?
You can – contact the local Asylum Office to ask them about the procedure to add yourself to his case. You can find contact info for the local office if you follow the link at right called Asylum Office Locator. Take care, Jason
I had applied for asylum in dec 14 in la and didnt got interviewd yet, i am waiting for my date but after watching the list it seemms that la will take a long time to achedule it. If i move my case to san fransisco, will i loose my place in line. Pls guide me on this
According to USCIS, you will keep your place in the line. However, I am not 100% confident that this will work. On the other hand, LA is so slow that you probably can’t do much worse by moving. Take care, Jason
How is LA office moving ? Why do they change date without even arrival date ?
Thnx
Check the Asylum Office Scheduling Bulletin – a link is at the right. Take care, Jason
I arrived to USA as student by F1 in 03/10/2016
To study English in new New York State
So now
I want to apply as asylum
Which office is a best to apply ?
Best redards
You have to apply where you live – you can check the Asylum Office Locator to know where that will be. If you are wondering what office is best, I discuss that in the above article. Take care, Jason
I am truly grateful for your replay
Thank you so much Jason
Hi Jason,
Thank you for your time and explanation.
Does it true if asylum seeker is a leader of a political opposition his case put into a faster category? Not 2-3 years waiting an interview as regular asylum cases it can be just 1-2 months.
Thank you
Best regards
This is false. Sometimes cases are expedited for different reasons, but they certainly do not expedite such cases as a matter of course. Maybe if the person is high profile, they would expedite if you informed them about the situation. But otherwise, I have not seen that happen. Take care, Jason
Hey Jason,
I filed for asylum in Oct. 2014 in NY and I am 20 not about to be 21 and you said if the asylum seeker is under 21 the case would go into a faster category, however, I’ve not got my interview yet!
Why didn’t they interviewed me since I came to the country alone and under 21?
Thank you
It may be that the faster category is for people under 18 (it says “children” but I do not recall whether the age of a child is under 18 or under 21 purposes of asylum). Also, it may be that this policy was not yet in affect – it did not get formalized until late December 2014. If you want, you can email the local asylum office and tell them your situation. Maybe they will schedule an interview. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
its 18
Hi Jason.
I am pleased to inform you that I have received my work permit and started working. But now I am in a dilemma. My asylum office is in Arlington. I just got interviewed and been accepted for a job in Charleston. It is a career that I was waiting for the last one year and half. I definitely have to move there with my family. That means I have to inform the Immigration office changing the address. Does this delay my case? Secondly are they going to transfer my case to Charleston? What do you advise me?
Thanks.
You can check the Asylum Office Locator (a link is at right), but I think Charleston is still under the Arlington asylum office. However, I believe your interview will now be at a sub office (though I am not sure), and if so, sub office tend to be slower than the main office. Take care, Jason
Hi Jason,
I realized that the Arlington Office has not moved after September 2013. Is there something wrong or have they forgotten to update?
They are moving – slowly. I suspect that the next update will indicate that they are interviewing cases from October 2013, as that is what we are seeing now in my office. Take care, Jason
Jason:
Thank you so much for sharing useful information for us. I read lots of articles and your replies for comments, and learned a lot from them.
I have summited the asylum application to Los Angeles asylum office on Feb, 2015. Now, I have obtained my EAD, and I am waiting for the interview. I plan to move to San Francisco in May, 2016, because I get a job offer in San Francisco.
When I move to San Francisco on May, 2016, I should change my address from Los Angeles to San Francisco, and I also should transfer my case from Los Angeles asylum office to San Francisco asylum. At that time, my case will be in the queue in San Francisco. So how is my position in the queue, does my case is in the position for the date for case application day (Feb, 2015), or position for the date when case is transfered (May, 2016) ?
I sent a email to the SF Asylum office (SanFranciscoAsylum@uscis.dhs.gov) to ask the above question, and they said my position would be on the transfer day (May, 2016), not the asylum application day (Feb, 2015). I remember they said it should be the application day. So I am confused about it. How to explain it? I do intend to believe the SF asylum officer make a mistake.
I will appreciate your kind reply.
According to USCIS, moving should not affect your place in the queue – thus, your date should be Feb 2015. This policy was discussed at the quarterly stakeholder meeting in December 2015, though I do not know if there is a written document about it. I am not surprised that some asylum offices are not following the policy. I am not sure what you can do about it, but maybe you can email them again and tell them about this policy and ask for a supervisor’s response. Good luck, Jason
Ryan,
I myself went through several address changes and office changes as well.
I initially fined my asylum case in San Francisco in November 2013. I moved to Los Angeles in 2014 and moved the case to Anaheim asylum office, and USCIS told me that the filing date for the queue will be considered as the initial filing date, not the date of the transfer of the case. I went back to San Francisco in October of 2015 and had my interview 2 months ago (which is almost within the asylum bulletin for San Francisco asylum office).
So I would think that they consider the filing date for the queue, not the transfer date. However, it, in fact, might depend.
hello, Mr Jason, as i unterstand if you have baby or as you saying if you accompanying minor child on your Asylum case ” case i589 would be faster”?
No – If a child under 21 comes to the US without a parent, the case is put into a faster category. If you have a child, it has no effect on the speed of your case. Take care, Jason
Is this only for certain nationalities? I was 18 when I applied. My lawyers never heard of it and think it might be a program for latino asylum seekers only. Is that true?
I mean expediting cases for those who are under 21.
No – we just did it for a young man from Afghanistan. It applies to all unaccompanied minors (as far as I know). But I think you have to be under 18, not under 21. Also, there is an expedite process for everyone. You have to give a reason to expedite and the asylum office might give you a sooner interview date. Take care, Jason
Hi, I am an Indonesian Citizen and a Permanent Resident in Singapore, the Singapore government granted me PR because I have excellent school results, and at that time I was a minor, so my parents gladly sign the acceptance letter for me to be a PR in Singapore. As adolescence goes by, I notice I am gay. I am badly discriminated, bullied, and humiliated by the society, especially in the Singapore Armed Forces (where they forcefully conscripted PRs as well), and I was even hospitalised because of psychological damage and fears. I want to leave Singapore, but I can’t return to Indonesia, as I can’t even speak their language after living abroad for too long and apparently their treatment of LGBT individuals and my race (Chinese) is even worse than Singapore. Furthermore, my family have already migrated to Singapore from Indonesia. I’d read the US immigration documents that people who had resettled in another third country cannot be eligible for asylum, so is it true that I have no chance to apply for asylum in USA? I really want to leave Singapore.
You would need to show that you face persecution in Singapore and in Indonesia. You might Google an organization called “Immigration Equality.” They have a lot of resources about LGBT asylum and maybe they could offer you advice. Take care, Jason
Applied on 11/2012 in Boston, Interviewed on 07/16/2015 at Buffalo office, didn’t receive the decision till 03/2016. Sent change of address again though informed at interview and on-line. Got EAD renewal approval on 07/20/2015. Advise please. Thanks.
Syracuse NY
Decisions are delayed for many people these days. You can inquire with the asylum office (to find their email address, follow the link at right called Asylum Office Locator). You can also inquire with the Ombudsman (a link to that office is also at the right). Good luck, Jason
i have applied assylum after one year i miss the deadline what are the chances of winning aasylum
The chances may be lower. You will need to demonstrate that you meet an exception to the one-year filing deadline. Broadly speaking, there are two exceptions: Changed circumstances (it was safe in your home country, then something changed and now you need asylum) and exceptional circumstances (something prevented you from filing – like depression or PTSD – or you were in lawful status during your whole time in the US). This is the type of thing that a lawyer may be able to help you with, and I recommend you talk to a lawyer about it. Take care, Jason
Hi Jason, I have followed your blog since 2013 when I start my asylum process and has been very useful for me and it calmed my fears. My case was introduced in Miami in June 2013 means that according to your frame the 33 months would be fulfilling just now in March 2016, as I hope you cannot imagine this time of the interview. I read in one of your answer that we must submit any evidence at least one week before the interview. Could you explain me please as this process is to record them? My lawyer died a few months after introducing my case and all the other procedures have been doing by myself, reading and instructing on the Internet. But I had never read it. I would be very helpful your information. Immensely grateful! God bless you for everything that you do.
The rule in my local office (Virginia) is that you must submit evidence at least one week in advance. I do not know the rule in any other office. You can check their website or email them and ask. You can find the website/email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you so much Jason.
Hello,please I will like your honest opinion.I filed my asylum application in January and by February 1at got my receipt of acknowledgement of application.I have gone for the fingerprints and bio metric on the 16th of February.I am yet to receive the letter for interview,this is March.How long will it take before I get a letter of interview from the Houston office.thank you
Unless you are an unaccompanied minor child, it will take a long time. You can see waiting times if you follow the link at right called Asylum Office Scheduling Bulletin. Take care, Jason
hello, Mr Jason, as i unterstand if you have baby or as you saying if you accompanying minor child on your Asylum case ” case i589 would be faster”?
No – If a child under 21 comes to the US without a parent, the case is put into a faster category. If you have a child, it has no effect on the speed of your case. Take care, Jason
Dear Jason,
I am about to file my asylum application in NY, applying with my current residential address and if i change my residential address in future within NY will it cause any delay for interview?
Even if you move to a different asylum office, it should not affect your place in the queue (at least according to USCIS). If you need to know whether moving will cause your case to switch to a different asylum office, you can check the link at right called Asylum Office Locator. Take care, Jason
Dear Jason, Thank you for all the information and guide you provided for me and fellow asylum seekers.
I have filled my case last November I reside in Boston, I expect my interview will be scheduled after two years at least. I plan to request to be on the waiting list (standby list). Please let me know if Boston office accepts such request and how long should I expect to wait for my interview if they accept me to be on the list?. Your response is appreciated and once again, Thank you!
I do not know whether Boston has a short list or how long the wait is. You can email them to ask them to put you on the short list (and I guess you can ask about expected wait times to). You have to email the Newark, NY office, and you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you,
Hi Jason…
I have a question please… Can someone with a pending asylum leave the US without the intention to return back using his home country passport? Do you think there will be any trouble in the airport?
You can always leave the US if you don’t intend to return back, You wont have a problem of leaving, but you might not be able to come back.
I have never heard about anyone having trouble leaving. Unless maybe you are a wanted criminal, I don’t see why you should have any problem. Returning to the US may be difficult though. Take care, Jason
Jason, its always a pleasure reading your blog, thank you for all the information, So I did my interview almost 4 months ago, haven’t got a decision yet, and in the mean time I applied for my second EAD a month ago and this week I got the rejection letter and the reason was ‘incorrect fee’ although I send them a $380 money order check. It got me all confused, I called the customer service and they told me they don’t know how this happened, I want to send it now but what if they reject it again. I made an info pass at the Baltimore office, but its 2 weeks away. Do you have any of these experiences before, I kindly need your advice.
Thank you!
We have had cases incorrectly rejected even when the fee is correct. You can wait for the infopass to double check if you want, but it sounds like it was just a mistake from USCIS and that you will have to re-apply. Good luck, Jason
Hi Jason
I admire that you are the only Attorney in US that provide asylum applicants with information, you are a great person.
I have question about that I interviewed in Chicago two weeks ago, so when should they send the decision? Can I request expedite for the decision like the interview.
Second question, how can I calculate the 150 days, is it start from the notice date I received from asylum office?
Regards
Regards
We have never really had success expediting a decision after the interview. There is no time frame. People from Muslim countries tend to wait longer (sometimes much longer) than others. Also, men usually wait longer than women. The 150 days for purposes of the work permit starts counting on the day that USCIS received your application. Take care, Jason
HI Jason,
I got an offer for a job on H1. Is it a good idea to withdraw asylum and file H1 (though I have EAD from pending Asylum)? what are the chances of approval?
I am considering this so that I can bring my wife on H4 (dependent). Does it have any impact in future in any way (especially if the employer sponsor green card for me)?
Its been more than 2 years since I filed asylum, I got interview but then cancelled 2 months ago because I filed TPS, and has no signs of rescheduling yet. The asylum office does not give any information further.
I would really appreciate your advice.
sachin
I believe I already answered this. There was a problem with the website, so I am not sure if it is still posted – if not, let me know. Thank you, Jason
Hi Jason,
I have been waiting for answer though I posted this other section also.
I would really appreciate if you give your expert opinion.
THX
Sorry – I try to answer all questions. If you did not get an answer, you will need to repost the question. Take care, Jason
Hi, Jason
Thank you for all the valuable information
Well i will file asylum case after one week and i m currently in New york city. But after reviewing the statistics i want to move to san francisco to increase my chances of getting approved.
My question is i will pay my lawyer in nyc a huge sum. if i move to san francisco do i have to hire a new lawyer.
Lastly i am trying to live in santa barbara which is beside LA and 350 miles away from san francisco. can i apply for san francisco office?
You can use your lawyer in NY to do the case in San Francisco. However, the lawyer’s job at the interview is pretty minimal, so when we do cases in other cities, we normally find a local lawyer to cover the interview (though we prepare the client for the interview). You can check the Asylum Office Locator (a link is at right) to see which asylum office your interview will be at. Take care, Jason
Dear Jason,
I applied for asylum in the Los Angeles office on Aug 2013 and since then I have been waiting for the interview. Checking the asylum bulletin I am thinking about moving to San Fransisco. However, I am not sure if it is going to be a good idea. I just want to know if I move my case will I be placed at the end of the line or do I receive credit for all the time I have been waiting in the Los Angeles asylum office? Thank you in advance for your reply.
I heard from the Asylum Office leadership that you will keep your place in the queue if you change offices. I have not witnessed that myself, and I am not 100% sure it works all the time, but that is supposedly the policy. Take care, Jason
I was in Chicago office last week.
Could you guess how many of applicants were interviewed?
Just me and two other applicants.
I think they interview 5 cases a day so we have this long chain.
What do you think Jason?
On the rare occasions that I go to the Asylum Office in VA these days, it is often a ghost town. The officers spend a lot of time working on cases at the US/Mexico border, so they are busy; just not with regular affirmative cases. USCIS is creating an office (with 60 officers, I think) to work exclusively on these border cases. If that happens, it should make regular cases go faster. We shall see. Take care, Jason
Hi, Jason, It’s me again, I asked some questions couple days ago, about moving to SF Office.
and, I just found out I missed my interview!!!
I got a letter from USCIS, it says I had been scheduled last month, but neither do I or my lawyer got the interview notice.
here is the thing, I already request to reschedule my interview as the letter asked.
do you have any idea about the new interview date gonna be? it will be reschedule right away? or another round long waiting???
I start got to worried, what if I miss the interview notice again???
thankyou for everything. God bless you
I think different offices have different policies – the office could deny your case or send you to the Immigration Judge, but it sounds like you will be get another interview date. You should contact (or better yet, go in person to) the local office and make sure they have your correct mailing address and your attorney’s address. You can find contact info for the local office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi. Jason. It’s me again. I went to the office that week as you suggested.guess what! I just got my rescheduled interview notice!!! Thank you so much!! You have no idea how happy I am , after 3 years waiting. I’m so blessed that I can read your blog and get so helpful advice from good heart you.
Thank you thank you thank you！
Interview will take place in couple weeks, finger crossed.
May god bless you and your family.
Good luck, and make sure you submit any evidence at least one week before the interview. Take care, Jason
Hi, thank you so much for the information, I have one question, I applied for EAD renewal and my lawyer said she received the notification and that I will be receiving the card. I also applied to expedite my case due to health reasons, and I have received a notification for biometrics. So am confused, is the biometrics for the EAD renewal or for the Interview. Thx again
It could be for either. If you look at the case type, on the top right of the page, it will tell you whether it is a I589 (asylum) or I765 (EAD). Take care, Jason
Hi Jason,
Should I look at the right or left, because it has case type 1589 application for asylum but its on the left. Pliz help me clarify. Thx.
Oops – Sorry, I meant to say left. I guess I am directionally challenged…
I m waiting my decision since Sep 2014(my Interveiw Month).my AO is SFO so Can I expect a decision till Sep 2016? Kindly reply me.
Regards
No one knows. I did a post on October 20, 2015 that may help. You can always inquire with the asylum office (you can find contact info if you follow the link at right called Asylum Office Locator) or with the Ombudsman (a link is at the right for this too). Also, you can check the link at right TRIG Inadmissibility and contact them to see if you have a terrorism-related inadmissibility issue. Delays after the interview are very unpredictable. Good luck, Jason
Hi!
Can I ask which country are you from? Me and my husband are waiting for 11 months since the interview from SF office so far..
Thank you,
Hey Jason ,
I really appreciate your effort , information regarding asylum offices was crystal . I applied asylum in San Francisco but I am currently in Houston tx visiting family is it ok if I apply for driving license in Houston does it have consequence ??
Thanks
If you move, you are required to tell the asylum office (using form AR-11). If your move is “temporary”, maybe you can avoid telling them about it (though I recommend you talk to a lawyer about that). But if you have a driver’s license from Texas, and you are claiming to the asylum office that you live in California, they will be very suspicious. They may think you are lying about your address, and if you are lying about your address, you may be lying about other parts of your case. In other words, you might cause trouble for yourself if you have a TX driver’s license but your asylum office is San Francisco. I suggest you consult a lawyer about your situation, just to be safe. Take care, Jason
Okay , thanks Jason …
Hi,Jason, thanks for the blog, it helps me a lot .
Could you answer me some questions, please? Thank you
I applied asylum back in 03/13 at LA Office, nothing since then, due to the endless waiting, we moved to San Francisco last November, and filed the ar11, it’s been 3 months since I send out the form, should I be worried? Usually how long it takes them to accept my case and put it in the queue? Where should I contact with if I want some questions via Email? The SF office or the LA office?
And Do I need another lawyer from SF? Or I can stick with the old one from LA?
Again thank you so much! Every words in the blog means lot to me
You have a great day!
I do not know how long it should take, but you can contact either/both offices to ask. Contact info for the offices can be found if you follow the link at right called Asylum Office Locator. As for switching lawyers, it is up to you. The lawyer’s role at the interview is pretty minimal, and so when we have interviews that are far away, we usually find a local attorney to cover the interview, though we prepare the client before the interview. This saves money for the client and has worked well. But if you can afford for your lawyer to come to SF and you like the lawyer, it is probably easier not to find someone new. Take care, Jason
Hi Jason
I applied for asylum in July 2014 in Chicago and I have lived in Chicago so far. I will MOVE to San Francisco next month and I am so much afraid of losing my queue. If my case moves to San Francisco office, Will I go all the way back to the end of San Francisco waiting line or I will stand next to people who applied in San Francisco in July 2014? Please give me a link that says the USCIS law about this queue and moving. I searched a lot and I did not find information regarding this dilemma.
I know you said USCIS will supposedly keep the queue, but do you have a link to that so I can make sure?
I know of no link. However, at a meeting with USCIS, they told us that people should keep their place in the queue. I have no doubt that that is their intention, but whether it actually works in real life, all the time, I do not know. Take care, Jason
Thank you so much! Only two more question!
Have you ever seen a case that did not maintain the queue while moving to another office?
If the bulletin says they are interviewing cases filed in March 2014 and a person has filed in Jan 2014, can he/she ask for a reason and complain about it? Would they respond?
I mean, suppose the person is not interviewed yet. That’s why he/she wants to complain
(1) I do not remember, and the policy is pretty new (as far as I understand), and so I think I have not seen that; (2) If they passed your application date, you should contact the local office and tell them. You can find contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi
this is very useful, we appreciate all the work you do, is it possible to have same statistics per Nationality?
Thanks a lot.
Try the USCIS Quarterly Stakeholder’s web page (the link is in the blog post above). Sometimes, they have numbers for certain nationalities – Syria, Iraq, and Afghanistan are ones I have seen. Also, you can Google “TRAC Immigration” and find a website that may have some of that (at least some old info). Finally, you can Google “DHS Yearbook on Immigration Statistics” and you may find some info. In truth, there is not much data available, especially recently, about grant rates by nationality. If you find something, please let me know. Thank you, Jason
Thank you
i like the yearbook, looking forward to see the 2014 updated there
Dear Jason,
What does “Fees Were Waived” when I check my ZCH******** number? I check it everyday and it says invalid, but today it says “Fees Were Waived”. Am I approved?
Thanks!!
I do not know – The asylum offices sometimes seem to post information on line, but I have never used that, and it seems unpredictable. If you learn what it means (by hopefully getting a good decision in the mail), please let me know. Take care, Jason
I got the approval letter! Thank you so much for helping asylum seekers!
Hi,Thank you guys information, it’s really gonna help a lot of asylum seekers, Abe, could you please let me know how long after your interview you received the information online? Thank you kindly! Congrats!!
Congratulations and good luck, Jason
Congratulation I realy happy for you . I hope I got my interview soon and approval. Take care .
Hi Abe, when was your interview? My case is starting same ZCH*********** and when I check online it always giving me same result which is not found. I was interviewed May 20 2015 in Omaha NE still waiting the results.
Congratulation whith which asylum office plz and how long you wait
congratulation,
same happened with my neighbor.
Hey Jason thanks for the good job.i applied for my 2nd EAD category c8 two months ago now I see the case status in uscis website as follows what does that mean. I will be glad to see your reply. Thank you
“Case Was Transferred And A New Office Has Jurisdiction”
USCIS moves cases around depending on workload. It is normal, and I think that is what the sentence refers to. Take care, Jason
Dear Jason, thanks for your helpful posts.
I have a couple of question and I appreciate if you help me
1. What months are interviewed in Arlington?
2. I have applied asylum in Arlington in Feb 2015 and still waiting. I have also applied expedite, but they said we don’t have resources to schedule interview dates. I presented a medical report and still suffering for severe sickness, is that possible to apply DHS Ombudsman?
3. i am planning to move from VA to other CA so do you think it will affect my interview line as far as I will pay tax for VA and CA?
Do you think the Asylum office will transfer my case to California?
B/c some people I know whose cases are in pending and in court working professional in other states than their address.
If you live in another state but do not change your address, the asylum office may suspect that you are lying about your address. And to them, if you lie about the address, you may be lying about the case. As such, if you make a permanent move, you take a real risk by not changing your address. If you file the AR-11 showing you moved to CA, they will move your case to CA (San Francisco or LA office). As for the wait time, check the Asylum Office Scheduling Bulletin – a link is at the right. The expedite process in Arlington is a mess. I suppose there is no harm in trying the Ombudsman, but I do not know that they will help. Good luck, Jason
Thanks for tremendous work as always.. I have a question. I have applied for asylum with my wife back in July 2013 in the Chicago office when we were still living in Kansas..we moved to Chicago and I went to change our address. I thought they changed for both of us since I am the main applicant. Now I have doubts whether they changed her address as well. I received a finger print appointment yesterday and she didn’t. Do you think I was supposed to mention her on the change of address? Currently I’m located in San Diego for a short term contract job and I’m told to go for my finger print appointment by March 6th in Chicago and the notice was received only yesterday. Can I go to a near USCIS here in San Diego to do my finger prints??
You might want to contact the asylum office and ask about an appointment for your wife – I think if they changed the address for you, it should also be changed for her, but maybe that did not happen in your case. Also, you should be able to do the appointment in San Diego – we have done that for clients in different offices, and it’s never been a problem (at least so far). Anyway, you can try to go there and get the fingerprints done. You should be prepared to explain in your interview why you were in San Diego, but if it was a temporary time there, it should not affect your case. Take care, Jason
Mr. Jason I am so grateful for all the priceless information and resources you provide asylum applicants. Thank you very much for helping through your posts!
I applied and I am living in Atlanta which is under Virginia office. Will I be interviewed in Virginia? or there is a field office in Atlanta?
If there is a field office in Atlanta, do you have information on the backlog for this field office? Thank you
And also, I have a kid who should start school next year. Can I have him register for pre-K? and what is the process?
You have to talk to the school, but he should be able to register – that is the law across the US. Take care, Jason
I am not sure – but I think there is a field office in GA or SC. USCIS does not publish info about the field office wait times, but my guess is that it is slower than the main office. Take care, Jason
Hi,
I applied for asylun march 2015. Biometrics done in march 2015.
I got ead in dec 2015. It was generated by lincoln, nebraska office.
No interview call yet my offoce is chicago.
Im in nebraska right now and office is chicago asylum office.
Even though i got ead. But im not getting a good job in ny field IT yet. I need ur help if u can pls guide on below queries
1. What is i relocate to some other state. Will by asylum office change as soon as i do address update. Would that effect on interview time and second ead?
2. Im dependent in asylum case as ny husband is the main applicant. Can i apply for h1 now? What effect it has on ny asylum case?
(1) If you move, you should file an AR-11, and this may cause your case to be transferred to a different office. If that happens, you should keep your place in the queue, and it should have no effect on future EADs; (2) You can apply for an H1 visa, but that may require you to leave the US and return, which may or may not be possible – you need to talk to a lawyer about your specific case before you start this process. Take care, Jason
Hi, Jason! I have heard from 2 lawyers in NY city if you change jurisdiction to NY office, you will be placed in the end of the waiting line for interview. Can you comment on that? It sounds strange for me, because if applicant have a fraud case he has opportunity never make interview and have temporary documents!
Of course I do not know about the internal procedures of the NY office, but I can’t believe that is true. First, USCIS itself states that if you move – even to a new office – you keep your place in the queue. Second, there is the issue of fraud that you mention. Third, I just can’t believe they are that organized to keep moving people around in the line. I would be curious to know why those lawyer believe that. If you find out, let me know. Thank you, Jason
Hi.i applied for political asylum in january 2015.i am looking job in varios states.if i get job in mariland state and if i change my address then may i loose my seniority list for interview in new york and in mariland my case will start initually?in new york my interview turn hope fully will come in 3,4 months. but if i move to mariland then when my interview turn will come?eqarlier of late?kindly guide in brief.thanks.
Hi khan,
Which state r u in right now. I do have similar situation as thinking about to move or not
You have to check the Asylum Office Scheduling Bulletin (a link is at the right) to see who is being interviewed now. If you move your case, USCIS says that you will keep your place in the queue – I am not 100% confident that that it true, but it is what they say, and I assume, what they are trying to do. Take care, Jason
Hi dear Jason
Thanks for your answers and helps you’ve been so helpfull , i have a important question , i have the refugee travel document and i want to travel to neigbor country to meet my family but that country recognize just the original passport by your expreince do you think can i travel with my national passport which is steel valid ?
Your answer is really importand since you helped me in this long journey
Thank you so much
If you travel with your own passport, it could cause trouble for you – USCIS might think that you are no longer afraid of your government if you are willing to use the passport. This is unlikely to happen, and we have never actually seen it, but it is possible. My guess is that if you explain to USCIS why you had to travel on your own passport, you will be fine, but there is always some small risk that they would want to take your asylum status away. Take care, Jason
Dear JASON,
How long is the wait time currently in the Arlington office for an interview. I filed in 2016.
thanks
Around two and a half years.
You have to check the Asylum Office Scheduling Bulletin – a link is available at the right. However, this is not a great predictor of when a newly-filed case will be interviewed. They ar hiring more people there, and that might make things faster, or if there are more applicants, things could slow down. We just don’t know. Take care, Jason
I am subscribers and I have different email in uscis sensitive but unclassified 12 FAM 540 and have email from dhs case statuse
My question is when I check case statuse online in uscis login in my user name and password the result locked
I don’t know anything about that. If it is an asylum case, you cannot check case status on-line. Take care, Jason
Thanks for helpful article.
I have a question and appreciate it if you can help me.
I’m changing my address and I want to notice the USCIS but I don’t know will that affect the EAD clock?
P.S: I’m just shifting two streets down of current living city, mean I’m not changing the asylum office.
It is always safest if you do not move until you actually have the EAD. However, the new USCIS policy is – supposedly – that if you move, it does not stop the clock. So if move and your clock is stopped, you can contact your local asylum office and they should be able to correct the problem. Take care, Jason
I recall you and I talking about the USCIS asylum office statistics, Jason. Interesting to see you write a post about it with a contention that one shouldn’t venue shop nonetheless.
Something else I find interesting is that some experienced immigration lawyers are unaware of the major discrepancy in grant rates. I once talked with a board-certified, experienced immigration lawyer, and he thought asylum applications are statistically more likely to be denied. Instead, I think his answer about whether an asylum application is more likely or less likely to be granted should have been “It depends on which office one files.”
Another potential reason for such major discrepancy in the USCIS asylum office grant rates is the EOIR grant rate. For instance, some people think that NY asylum office has such a low grant rate because its employees know that once a denied asylum seeker goes to the NYC EOIR, she’ll enjoy 84% grant rate (based on 2015 or 2014 stat).
I see that the cost of living can be higher if one is trying to relocate to San Francisco office’s jurisdiction because areas like Alaska, Northern CA, and WA have higher cost of living than the national average. But as far as the wait time goes, I think a genuine asylum seeker would accept that detriment for a higher approval rate. As a prospective asylum seeker myself, I’d rather be homeless in the US than be deported to face what’s waiting me overseas.
This post was partly inspired by our discussions. I think there is some value to the stats, but I generally would not choose an office based on that factor. There are just too many unknowns for me to view these statistics as very meaningful. They are all we have, so we have to look at them, but without more info, I don’t think they are great predictors of success (though they are the only predictors we have). I suppose I disagree about wait times to some extent – for an individual, it is not as important, but if they have family overseas, especially if the family is unsafe, then wait times are perhaps the most important factor to consider (though as I mention, I do not think these are actually “wait times,” in that they do not predict how long you will wait if you file today; only how long people who are interviewed for asylum have already waited). Take care, Jason
You point out that a longer wait time can be of significant detriment to asylum seekers with family members in danger overseas. That’s a valid point I didn’t think of.
Another thing about the wait time, though, as we talked about it before on this website, is that it can be a beneficial factor in the asylum seeker’s case being granted. If an asylum seeker has been living in the US for a long time by the time the decision is about to be rendered, there’s case law from BIA holding that such would be a non-controlling basis for a discretionary grant of the asylum. That’s my reading of Matter of Chen, but I haven’t had a lawyer go over that case yet.
You see some politicians saying that deporting millions of people would be inhumane when they have been living in our communities for a long time with some of them having developed deep roots in the community. I find this commonsensical. I wonder whether the immigration courts may have a similar view.
This is an important point – asylum seekers with weak cases (or frivolous cases) often want to see those cases take a long time. It is also one reason that the Asylum Office initially did not process cases in order of arrival. For nearly two years, they processed some cases quickly and the rest disappeared into the backlog. The logic was that if cases took a long time, it would attract more people with weak cases to file, in order to get a work permit. As for length of time as a factor in the decision, I don’t think it is a major factor. Maybe it is in the back of the IJ’s mind, but since almost all “regular” cases (as opposed to juvenile and detained cases) are very slow, everyone is here for a long time before there is a decision, and I just don’t see that as being a big factor. Take care, Jason
My question is a bit drafted from the above article. However I googled my question and I got a lot of answers, but all where a bit “complicated” to be understood. I appreciate if you bear with me
I applied for Asylum more than two years ago, did the interview already since exactly one year, and I am still pending decision. Working in the US using EAD. Originally I landed in the US using single entry H4, and this H4 still valid until Oct.2016
My question
– If I have good company ready to sponsor me for H1b, is it possible to change my status from EAD to H1b?
– Does the valid H4 (which I already have) has anything to do with this?
– Is the H4 useful by anyhow?
– Is the H4 still valid? or it is canceled when I had my I-589 submitted?
– Is there disadvantages or risks to transfer from EAD to H1b?
-Having had both unexpired H4 and EAD, does it mean I have mutual status (Immigrant and non-immigrat)?
– EAD is immigrant or non-immigrant status?
An EAD is an Employment Authorization Document. It is not a status, it is proof that you have the government’s permission to work in the United States. All immigrants have this right, some none immigrants might too.
If you are still “in status” with the H4, then you can change to an H1b. H1b is compatible with asylum in that you can keep both applications at the same time. However, if you are no longer in status, you will need to leave the US to get the H1b, and that may not be possible. For a case like this, if H1b is a possibility, you need to consult with a lawyer to help you through the process. Take care, Jason
Once again I want to thank you for these very helpful efforts in assisting those of us seeking asylum here in the US. I got 3 related questions: 1. Do you know about how much time you are given to attend your interview from the date your letter is addressed to that effect? That is from when the notification letter is addressed to you til the date of the interview? Secondly, is it possible to check online using your case number if you have been sent that notification letter for an interview? Thirdly, what will happen if you do not receive the notification letter in the mail (probably because of wrong address or lost at the post office) and so you missed your interview date because you had no idea about the notification letter? Thanks in advance for your habitual responses.
If you plan on moving without informing USCIS just because your current office is faster than the one in the jurisdiction you plan on moving to, you are breaking the law, just saying. You can’t check online if they mailed you a letter or not.
(1) in our office (Virginia) it is usually about 3 weeks; (2) no – you cannot check asylum cases online; (3) the asylum office may send the letter again or may just refer your case to court. You should contact the asylum office immediately and give them your new address (using form AR-11 available at http://www.uscis.gov). If you need the asylum office contact info, you can follow the link at right called Asylum Office Locator. Take care, Jason
I was represented by a very bad lawyer in NYC, and while he failed to train me for the interview, and more my case is transferred to court, but my advice for my fellow asylum seekers is to remember your story very well, and don’t just cite facts but try to show the emotions too, my officer was under the impression that I was in no fear for my life, although the situation was real, just because after three years of waiting, emotions become more blunt. Thank you Jason for all the help you provide on your site
What nationality are you if I may ask?
I’ve read some horror stories about bad asylum lawyers. Some of them would have their first meeting with the client at the EOIR parking lot and read the documents there.
This is very bad. I hope you find a new lawyer who can assist you properly. I am working on a blog post about what a lawyer is supposed to do for his client. Time permitting, it will be out in a few weeks, but based on your hard experience, you probably already know. Good luck, Jason
Question: do you think that since the asylum office is part of the executive branch of government, there MAY be directives from the top to scrutinize a certain category of Asylum seekers?
As a syrian who know other syrian/iraqi’s, I cannot help but assume that politics affect the way asylum offices handle cases.
I do not specifically know about that, but I believe you are probably correct. Certainly with regarding to the security checks, some countries are much slower than others. Also, Asylum Officers are trained on country conditions in specific countries, and that would affect how they view such cases. Take care, Jason
3 years of asylum process made me what you call “savvy asylum seeker”. At some point I looked at the stats and realized that I should have applied in San Francisco but it was too late. My case was denied recently in NY.
I am sorry to hear it. I suppose one piece of good news is that the NY Immigration Court has a very high grant rate overall (though a few Judges there have low grant rates). Good luck, Jason
In terms of grant rates, there are so many factors that go into differing grant rates that it is almost a fools errand to try to game the system. It has been shown that even within the same office there can be huge differences in grant rates between officers. It is entirely possible that you can move to a jurisdiction for a more favorable grant rate and draw the officer with the lowest grant in the office for your interview. And supervisory review has a huge impact on an officer’s grant rate too. A factor that has not been studied too closely from the outside, but should be.
Even when you restrict your study to grant rates within a particular population, there can be significant differences in the claims that they make. There was a population that was known, internationally, to have a high incidence of asylum fraud. In the US most of their claims were heard in two specific offices, one had a grant rate of well over 50% while the other had a grant rate of under 10%. Needless to say the office with the high grant rate saw a continuous increase in the number of applications from that population, while the other office saw a fall off in applications.
At one point several officers from the low granting office were detailed to the high granting office to help out with burgeoning case load. What the officers from the low granting office found was that the claims in the high granting office were completely different from the claims of the same population in their own office. In the high granting office the claims were all from applicants claiming to be poor farmers who were contacted by militants seeking food, shelter, or medical attention, which they provided with coercion (this was before the terrorist bars were enhanced in 1996). When the police found out that they had aided the militants they were arrested and tortured. A simple, easy story that allowed the applicant to avoid any probing questions about their political opinion or political activities since they had no political opinions, a political opinion was being imputed to them because of an unfortunate chain of events. In the low granting office the claims were always complex claims involving the applicants in a leadership role in the political opposition, or as a leader in the student wing of the political opposition. The application preparers in one jurisdiction were obviously much more sophisticated concerning the importance of credibility and gave their clients stories that were easy to remember and provided almost no openings for the asylum officer to probe the background of the claim.
But my experience has been, if an applicant has a real claim and is able to tell her story adequately, the differences between offices aren’t that great that it is worth the time and effort to forum shop.
Allow me to comment on a couple points of your comment. I don’t think the supervisory review has a significant impact on the officers’ decision because USCIS manual states that it’s not the role of the supervisors to make the officers decide the case as if the supervisors themselves would have made the decision. The main role of the supervisors is to ensure that the officers complied with the protocols.
Your claim that asylum application preparers in one jurisdiction told their clients to tell stories that are difficult to undermine is interesting. It’s possible, of course, but that would raise some ethical concerns about client coaching.
I think the backlog at each USCIS office may also influence the grant rate. It takes less paperwork to grant an asylum application than deny it, so maybe there’s an incentive for the asylum officers to grant more cases if there’s a huge backlog.
The language you quote from the USCIS manual is actually language that I had some input on and I fervently believe that the supervisory review should only be legal sufficiency and that a good supervisor should do what they can to support an officer’s decision even if they don’t necessarily agree with it. But the truth is, there are some supervisors who prefer to sign off on referrals and will give them less stringent review than a grant, so they are less likely to return such cases for rewrite. There are also supervisors who prefer to sign off on grants and they will review grants less stringently and be less likely to return them to their officers. Officers are usually aware of these tendencies and on close cases will tend to give their supervisors a decision that will get through more easily. And that isn’t even considering those supervisors who blatantly ignore such guidance (thankfully only a few).
Unfortunately I’ve seen too much evidence of the effects of supervisory review on officers’ decisions to dismiss it. Back when the asylum corps doubled in size, almost overnight, after the passage of the Crime Bill in 1994, they did a snapshot of all the officers case books for one month in mid-1996, after the new officers had been on the job just over a year. Printouts for each office were circulated with all officers listed by grant rate, with the highest granters on top and lowest granters on the bottom. For some reason they included the supervisor in the printout, which they could do since it was just a snapshot of one month’s worth of decisions and supervisory assignments didn’t change for anyone. In all offices there were clear tendencies for high granters to group together with certain supervisors and low granters to group together with other supervisors. In one particular office the tendency was so stark you could literally draw a line across the middle of the printout and all the high granters on the top had one of the same three supervisors and all the lower granters on the bottom had one of the remaining three supervisors. For myself, I once had a couple of officers come to me with stacks of grants that they held back from their supervisor, who was especially critical of all grants submitted, when they knew she had some annual leave coming up, so that I could sign off on them because they knew I would be easier (they said I was fairer, but I take all flattery with a grain of salt). One of those officers is now an IJ. Finally, in the Schrage/Schoenholtz book, Asylum Roulette, they compiled data on each office showing variations on grant rates within offices. Office H, which was the most inconsistent, with the highest degree of variability across individual officers, looked at the problem and decided that one way to address the problem was to create a pool and assign cases to supervisors randomly. The only reason I can see for such a move is to reduce the effect of “writing to the supervisor”.
“[E]thical concerns about client coaching”? In the late 1990s the New York INS office brought a series of cases against some serious preparers, the most prominent being the case against Sheldon Walker, which was appealed, so you can find the decision on US v Walker (http://theamazonpost.com/post-trial-brief-pdfs/brief/53zUnitedStatesvWalker.pdf). Paul Freedman was much worse than Sheldon Walker. After his conviction and disbarment then bar association took over his open files and found an attorney to take them and review them and give advice, in exchange for possibly building up his practice. But what he found was that Freedman’s files included 5000 open asylum applications (these were mostly cases filed before asylum reform in 1995, when backlogs were measured in decades not years and filing an asylum application was a relatively safe way to get an EAD). But if you are an attorney who handles asylum cases you know that no office could handle that number of asylum claims legitimately. Just before asylum reform, the Newark Office (there was no Rosedale New York Office at that time) had a backlog of over 100,000 cases and it was determined that less than a dozen individual preparers were responsible for over a quarter of those cases. Things have gotten better – a lot better – since those dark days, but don’t kid yourself, there are some shady characters out there filing false asylum claims still. So, “ethical concerns about client coaching”? — Duh?
Thank you for your comments as usual – very interesting. Take care, Jason
You wrote as if I was being totally dismissive of the possibility of client coaching. What’s up with “Duh?” I merely said the idea “interesting” and “of course” it’s possible. I know lawyers with unscrupulous reputations even in this geographic area, which is not a big city.
But it’s yet another idea to say a blanket statement about preparers in a particular jurisdiction engaging in client coaching with a certainty level described as “obviously.” As you might already know, I’m not a lawyer, but I hope and believe more people are sincere in their asylum applications than that.
Moreover, I’m not sure whether I’m understanding the tone of your response to my comment correctly, but my intention was to engage in the discussion, not to attack you.
Thank you – I generally agree with all that you say. And it is interesting to compare the two types of cases in your example (though likely that just shows which applicants are better able to commit fraud). There is another example I know of Chinese applicants in the Los Angeles office (contained in the Phil Schrage/David Kinney book “Asylum Denied”). Some officers in LA granted asylum to Chinese applicants in only 5% of the cases, while other granted at a rate of 85%. In this case, it was the exact same applicant pool, and so probably something was different about the officers themselves. While I do basically think that forum shopping is not worth it, especially for people with strong cases, and while I agree that even the “best” office probably has tough Asylum Officers, we have so little to base these decisions on that I think the numbers are not meaningless. Though I do think they should be taken with a very large grain of salt. Take care, Jason
“I agree that even the “best” office probably has tough Asylum Officers”. Oh yes, truer than you think. There was a supervisor in the San Francisco office back in the early 1990s who told me about two officers he supervised, one who had a lifetime grant rate under 10% and the other who had a lifetime grant rate over 50%, the lowest and highest in the office. Same office, same case load, same supervisor. And both officers were constantly being commended on their decisions by HQ (back in those days 2% of all cases each officer decided were randomly selected for HQ review). I asked him how that was possible and his answer was, one officer believed every applicant they interviewed was lying and the other officer believed every applicant they interviewed was telling the truth. The supervisor in question had each officer sit in on the other officer’s interviews and review their decisions. They both basically agreed that the other officer had some good points, but both stuck to their own decisions. The supervisor was committed to doing review based only on legal sufficiency so there was nothing more he could have done.
This is why I think we need more guidance about credibility determinations (I once posed about this, I think it was called Credibility Determinations Are Not Credible). I know this is difficult to do, but I suspect that if we had more guidance about evaluating credibility, we might improve consistency. Nevertheless, I doubt the two officers in your example would ever reach a point where they were agreeing all the time. In the end, it’s rough justice, which is pretty good overall, but in certain individual cases, it can be a real disaster. Thank you for the comment, Jason
Enjoyed the article. Was curious about the reason for the short tenure of asylum officers. Do they cycle out to another part of the system, or do they quit and leave that world entirely?
High turnover rates are a fairly recent phenomenon. There are a lot of reasons, but I think burnout has increased over the past few years as the expedited removal case load has soared and created backlogs in affirmative asylum. Credible Fear and Reasonable Fear as not as satisfying as actually rendering a decision of your own and more and more officers have been thrown into the breach for Credible Fear and are getting less and less a chance at the more desirable affirmative caseload. With the advent of telephonic interviewing for CF cases I expect that the turnover rate will increase.
But there is also the factor that asylum has developed a reputation within USCIS as a good source of quality workers, so there are a lot of opportunities out there for asylum officers to advance, so many leave before they get burned out because they have someplace to go.
At least in my office (Virginia, near Washington, DC) many of them leave for other positions in the government. I think the main problem is that the maximum salary is GS-12, and they can do a lot better in other offices. Also, I suppose there is some burnout. Many that I know of seem to stay with the government though. Take care, Jason