If you ask three lawyers how to write an asylum affidavit, you’re likely to get three (or more) opinions.
An applicant’s affidavit is the heart of her asylum case. It explains who she is, what happened to her, and why she needs protection. It’s also an opportunity to address weak points in the case and to mitigate inconsistencies that may have come up in prior encounters with U.S. government officials.
Given how important it is, it’s not surprising that different lawyers have different ideas about how to write a good affidavit. Some lawyers write long, very detailed affidavits. Others write short, perfunctory affidavits or do not write affidavits at all. Most of us–including me–fall somewhere in the middle.
There’s probably no “right” answer here, but for me, at least, the arguments for a detailed–but not too detailed–affidavit are the most convincing.
One problem with providing a lot of detail in an affidavit is that it creates more opportunities for inconsistencies: If there are more facts in the affidavit, the applicant has more to remember. For example, if the written statement indicates that the applicant ate peppered tuna with Nicoise salad before he was arrested, he better say that he ate peppered tuna with Nicoise salad when he testifies. Otherwise, the adjudicator might take the inconsistency as a lie, which could cause the applicant to lose his case.
Taken to an extreme, the concern about consistency between the written and oral testimony might suggest that the best approach is a less-detailed affidavit, or even that no affidavit is needed at all. From the attorney’s point of view, this would be nice, since the affidavit represents a large portion of the work we do. And it’s always convenient when the best interest of the client (avoiding inconsistencies) and the best interest of the lawyer (laziness) are aligned.
However, I think there is a major risk involved with using a minimal (or non-existent) affidavit. First, under the REAL ID Act, an applicant is required to submit evidence when it is available. Typically, this consists of letters attesting to the persecution or other aspects of the case, medical reports, police records, and country condition information. Many of these documents will include dates (for example, a letter might indicate that the applicant was arrested on May 15, 2010) or other details. It is important that the applicant herself is aware of all these dates and details, and that her testimony is consist with them. Writing an affidavit, and having the applicant read it, is one way to help ensure consistency between the applicant’s testimony and her supporting evidence.
Also, the affidavit is useful for ensuring consistency between all the different pieces of evidence. Instead of comparing each letter to every other letter, you need only compare each letter to the affidavit. As long as every document is consistent with the affidavit, every document should be consistent with every other document. And if everything is consistent, it bolsters the applicant’s credibility.
I suppose you could write out the affidavit to help the applicant with his story and to help ensure consistency, but then not give the affidavit to the Asylum Officer or Immigration Judge. In this way, you would gain the benefits of having an affidavit while avoiding the risk of inconsistencies created by submitting the affidavit. But I’m not a fan of this approach, as I think the affidavit benefits the decision-maker in several ways. For one thing, it gives the decision-maker a detailed understanding of the case, which, if presented correctly, should go a long way towards producing a successful outcome.
Second, it allows the applicant to point out and mitigate weak points in his case. Most Asylum Officers and Immigration Judges are pretty smart, and they’re experienced enough to hone in on problems in a case. If the problems can be overcome and explained in the affidavit, it will help satisfy the decision-maker before she even meets the applicant. This will allow the decision-maker to focus on the portions of the case that you want to emphasize.
In addition, in court, an applicant’s oral testimony is often incomplete. Court testimony is commonly truncated to save time (especially where the Immigration Judge and DHS attorney are already familiar with the story from the affidavit and thus do not need to hear the applicant repeat his entire tale). Should the application for asylum be denied, the affidavit is useful on appeal, and many lawyers–including yours truly–have used affidavit testimony to help win an appeal with the Board of Immigration Appeals or the federal circuit court.
So for all these reasons, I think a comprehensive affidavit is beneficial to the case. But of course, it is possible to include too much detail, which can trip up an applicant. The trick is to find the balance between providing the necessary information to convince the decision-maker and to humanize the client, but not so much information that the client can’t keep track of it all and the legally-relevant facts become obscured by irrelevant detail. Enough, but not too much. It’s an art, not a science, and with experience, each lawyer develops a style that works for his clients and hopefully helps achieve the clients’ goals.
Hello Jason,
I applied for asylum 4 years ago,but I have not interviewed yet.
My first lawyer wrote one page statement only. I asked him to sent my proof documents, but he told me that he would needed in the court if the case denied. Finely,I found that my lawyer was going to Jail because he had false asylum application with other applicants. He didn’t even email me to find another lawyer.
My second lawyer, is not responsible at all. She said I have strong case, but she recommended me to apply for TPS in case the asylum case got denied that I have status to stay on. She file TPS, but I have received “request for evidence” because she answered no for military service question and she attached the dates I served at the same time. this result in inadmissibility She said its was her mistake and she will response. the dead line is next week, and she is not answering her phone,text ,and emails.
The third lawyer I am going to asked me to file lawsuit against immigration and he promised that my interview will be in 30 days, he said my case is strong. but he can’t help with my statement. he said I should write it and say it in the interview. I started writing my statement and I have 14 pages so far. I asked him if he can help me summarized. He said no and his job only to file to the federal court. What can I do? I really need someone to check my job in writing statement and my proof. I want to make sure that I achieved the factors you said in your article.
Sorry for the long statement
If your third lawyer is not helping you with the statement – which is extremely important for any case, but especially a case where there was military service and where you had your first attorney arrested – you should fire that lawyer and find a lawyer who is good. There is no point getting an interview in 30 days if your case is denied. It seems you have not had much luck with lawyers, but I think you need to pause, and spend some time finding a lawyer who is actually helpful. Maybe ask for a recommendation from a non-profit (I wrote about that on September 22, 2016, and something else on October 30, 2012). Also, you can file a Freedom of Information Act Request (form G-639, available at http://www.uscis.gov) to get a copy of your file. This is free, but will take several months, and it is important to know what was filed by your prior lawyers. Good luck, Jason
Thank you Jason, my asylum case didn’t get denied. The inadmissiblelity happend with TPS application NOT with asylum application. That happened with second lawyer. The question was if I served in military or not. If “yes”, I should attach the date I served. If “no” I should mark “no” only. The second lawer attached the date of military service , but she marked the question “no”. Today she sent email promis she will sent the response today.
I have not sign with third lawyer yet. But he said he can file mandamus in the federal court, and because I am waiting for 4years, he could grant to be interviewed in 30 days.
Hi Jason,
Thank you for all your help.
I am applying for asylum here in the USA. My wife and child had no visa so they couldn’t come. But they have a visa for France and they intend to go there and seek asylum because where they are now which is Africa there is no security or stability. But once I am granted asylum here I will file for them to join me.
1. So will them moving and seeking asylum in Europe complicate the process for me to bring them here? Our intention is to be together in the shortest time possible.
So will their moving to Europe and seeking asylum there complicate our reunion process and/or prolong it?
I am only wishing for them to move to Europe because of the long process here and long separation as well as the instability and insecurity or where they are currently. Otherwise our plan is for all of us to live here in the USA.
Thank you Jason.
1 – Not, it should not effect the process here. If you win your case, you can then petition for them to join you in the US. Take care, Jason
Hi Jason,
If an applicant wants the case to be heard by the Judge, but the Judge suggests to take PD offer, what would be the best reason for declining PD offer from the Judge? And what if the Judge insists versus suggests?
Thank you.
I did a post on December 10, 2015 that may be helpful, though it is about withholding and not PD. You do not have to take PD. However, if the Judge is insisting on it, it is a good sign that he/she is going to deny asylum. In that case, you can appeal. However, under no circumstances do you have to agree to PD and there are many good reasons why you might not want it. I would recommend you talk to a lawyer if you do not have one – you need to evaluate your case so you understand the likelihood of success, whether there might be other options for you besides asylum, and whether PD may make sense. Take care, Jason
Could you please give at least one reason for not wanting PD? Thanks.
You want to bring your family members to the US. You do not want to have to renew an EAD each year. You want to be stable and not worry that PD will be revoked. You want to travel outside the US and return. PD is great if you want to stay here for a couple years, work or go to school, and then leave. But if you want to stay here permanently, it is not so good. Take care, Jason
Hi Jason,
Is that true that remanded cases are easy or easier to win? Is it true that the court does not go after applicants hard enough as they do during the hearings before a remand?
It depends on the case and the order of remand. Sometimes, a case is remanded and the BIA orders the Judge to grant the case. Other times, it just orders the Judge to do something differently, which may or may not result in a grant. I have seen it both ways. Take care, Jason
Is it important to have judge’s positive attitude towards an asylum applicant? I mean how an applicant can get some kind of good impression on the judge and ICS agent? How an applicant should behave from the moment entering the courtroom? How should answer the questions? Is it a good idea to say “thank you for the questions, or it is a great question, or I respect what you are saying but I respectfully disagree, etc.”. How to make the judge and the ICE agent to like the applicant? Thanks.
I do think that is important, though it is not decisive (even if the judge likes you, she will still deport you unless you have a basis to win the case). Dressing properly, being police, disagreeing respectfully – these are all important. Also, having a lawyer that the judge knows/respects is helpful in this regard: When the lawyer comes to court, she brings her good reputation with her. Take care, Jason
Hi Jason,
I have couple of questions, hope you can answer.
How would you know if there are discrepancies between the affidavits? How do you check? Is there a special technic? Are you looking for words, numbers, dates, etc? What steps do you take, if there are some discrepancies between a relative’s affidavit and petitioner’s affidavit? Do you explain in in writing before a trial or during the trial?
Thank you.
I try to check before I submit the documents. I check dates and events. If an applicant says he was arrested and punched in the face on May 5, 2010, and the supporting letter says that the witness saw the applicant on May 8, 2010 with a bruise on his arm, then something is not right and we need to correct the affidavit and/or the letter. Frankly, it is a pain to check all this, but it is crucial, as an inconsistency gives the decision-maker an excuse to deny the case. If I find an inconsistency after the documents are submitted, I try to learn what happened and then explain it at the beginning of the court hearing or asylum interview. Usually, the decision-makers are receptive to this, though sometimes, we need to explain how the discrepancy happened. Take care, Jason
My EAD expires in August 2016. Four months ago I applied for a renewal. They issued a new EAD with a validity period from May 2016 to May 2017 instead of Aug 2016 to Aug 2017. I asked them why they said we give validity date from the date when the decision was made. But in the past several years they were renewing with a validity date from Aug to Aug regardless of when they made the deckiison. What has changed? Any laws? How can I explain to them that they are wrong? Thanks.
I did not know about that. Did you apply under a different category than the last EAD? That would explain it. If it was the same category, I do not know why that happened. I think there is nothing you can do about it – I do not see how they will correct it, especially if it is not even a mistake. Also, given the trouble to fix these things, it is probably not worth the effort and might cause more harm than good. Next time, you should apply 120 days before the card expires, and hopefully, they will get it right. Take care, Jason
Hi Jason,
For asylum merit hearings, do asylum seekers need their fingerprinting done before hearing? How early before the hearing? Do they just go to the live scan places? Is that true that, if someone has already been fingerprinting taken within the last 10-15 years, then he/she does not need to do it again because the government can re-run the previous fingerprints? Thanks.
The rules keep changing re: fingerprints before a court case. If you have not been fingerprinted in the 15 months before the case, it is a good idea to check – if you have a lawyer, she can check for you, but if you do not, you can contact the government attorney (the prosecutor) to ask. You can find contact info for the government attorneys if you follow the link at right called DHS Office of the Chief Counsel. You should do this at least 2 or 3 months before your court date. Take care, Jason
Hellow Sir
I have a small question. can you please guide me where is post (mail) my asylum application. Give me exact mailing address. I am in Seattle WA
You have to look at the instructions for the I-589. Or you can go to the asylum office web-page, which you can find if you follow the link at right called Asylum Office Locator. Take care, Jason
actually when i checked on 1589 instructions it show mail to USCIS Nebraska Service Center P.O. Box 87589 Lincoln, NE 68501-7589. but when check on asylum office website it show Phillip Burton Federal Building 450 Golden Gate Avenue, 4th Floor West San Francisco, CA 94102. so that i am confused. please help
( https://egov.uscis.gov/crisgwi/go?action=offices.summary )
according to zipcode 98030 the asylum office in SFO and according to I589 instruction its in Lincoln. so what to do know. can you please confirm
You should follow the I-589 form and the instructions. If this is an initial application (not a re-filing of an old application that was denied), you file at one of the service centers – not at the local office. Take care, Jason
Thanks jason
Its really Informative. God Bless You
hey jason
i sent you an email regarding to know whether i may qualify for as a refugee or no. i request you to give some time to my email please.
Thanks
I replied to the email. However, in general, I do not respond to emails seeking advice. Take care, Jason
Hi Jason
I am on F-1 visa, applied for asylum and left USA for a semester study abroad. Would it prohibit my re entry? or affect my case in future? reading through ur blog it seems it does… what is the best bet i have now?
If your visa (which is glued into your passport) is still valid, you can try to return normally. However, if you have a problem at the airport, you will need to claim asylum there. This will likely cause you to be detained, at least for a while, and your case will be sent to an Immigration Judge. If this is your plan, talk to a lawyer before you return, so that the lawyer is ready to help you if you have a problem at the airport. I have had clients return without a problem, so hopefully you will be ok. If you need to get a new visa (the visa in your passport has expired), this may be a problem due to the asylum case. You will have to go to the US embassy and try. Good luck, Jason
Thanks Jason
I will post you how it goes!
Hi Jason
Just an update if that helps your blog readers learn smt.( like i do learn a lot from your blog, And thank you a lot for that)
So I came back from abroad with a valid visa while i alrady filed asylum; and there was no problem i encountered at the airport. seems like it went good for me.
That being on a side, I was wondering if this will it came up later on my interview? And if so at what level does this affect the decision?
One more Question, Right after I applied for asylum my passport expired and I needed to renew my passport to travel abroad; so I did renewed my foreign passport by applying at the Embassy of my home country in USA.( now I have a new passport of same country). Does that imply somehow No need of my protection from USA? My name is not all over the country( where my fear is) that my government is looking for me but surely i am in fear of political and ethnically persecution!!!! Do they presume my passport renewal as i am good with my home country and i am no longer in fear?
I really appreciate your help on this blog.
Keep being awesome.
cheers!
It is likely that the asylum officer will ask about your travel abroad, and maybe about the passport renewal. Theoretically, this could affect your case, though in general, if you explain why you had to travel, it most likely will not affect. Of course, if you are claiming that the government will harm you (as opposed to a terrorist group, for example), renewing the passport is more likely to be a problem. If you have evidence supporting the need to travel (for business, to visit a sick relative, etc), you should submit that with your case to help explain why you needed to travel. Take care, Jason
Dear Jason,
hope you are fine,
i am from Salt lake city and i have submitted my asylum case in Houston office.
now and i am going to Texas to meet my friend he will help me to get some little job to get some money for food. My 150 days will complete in July, then i can submit application for my EAD.
My question is when i submit EAD application then they will send back my EAD to my salt lake city address( my relatives address). so do i need to come back to salt lake city to collect my EAD from post office,because i heard that they send EAD directly to post office then we have to go post office personally to receive EAD. Or can i give them my Texas address to receive my EAD, because i don’t want to change my address before EAD.
God Bless you.
___________
Abraham Gill
My clients generally receive the EAD and their home address, not the post office. Take care, Jason
You must inform USCIS if you changed your address within 10 days from moving. If you don’t, there will be serious consequences. Not declaring a change of address is enough grounds for deportation.
Jason,
First of all, thanks for all this valuable information you share with all of us everyday. I have 2 questions for you.
1. I have an active F-1 Visa. Actually, I have STEM OPT valid until next year. My wife and my daughter applied for EAD under asylum last year and it is about to expire. My wife is not working due to I have a good job, thanks GOD, and we have a little one who she is taking care of. The question is, Do we need to renew their EAD cards before it expired? or Can we wait until we grant the asylum or need my wife EAD to renew it? I’m asking you this because I don’t want to spend money in something that she won’t use in the next couple of years. However, I don’t know if it can affect the asylum process or when we want/need to re-apply in the future.
2. As we have a valid/legal status with F-1 Visa, Could we take a cruise to go to the Caribbean? We want to take a vacation but I don’t know how it may affect our case.
Thanks and GOD bless you!
JJ
1. If she doesn’t (and wont in the near futur) work, then she doesn’t need it. Not filling to renew it won’t affect your case and its okay to have USCIS hear your asylum claim without having a valid EAD.
2. The caribbeans are not part of the U.S. If you leave the U.S., USCIS will consider you abandoned your asylum application and subsequently deny it. If you want asylum, you may not leave the U.S. before you get it (unless you apply for advance parole which is hard to get; basically its for humanitarian reasons mostly, and not for tourism). Having a valid F1 visa does not weiver your requirement of staying in the U.S. (Your F1 visa is useless. You lost its reentry (if any) privileges now that you applied for asylum).
1 – it is up to you whether you want to renew the EAD. If it is too expensive, you can apply for a fee waiver using form I-912. It is nice to have as a form of ID, even if she does not work. 2 – If you have applied for asylum, it would be a bad idea for you to leave the US unless you have Advance Parole, which the government will not give you unless you have a humanitarian reason (probably a cruise would not qualify, but you never know). If you really want to go, talk to a lawyer before you do, so you understand the risks. Take care, Jason
Hi Jason, please I have some questions and I need your help sir.
I entered the US on a J1 visa having the 2 years home residency requirement. But my intention was to escape from my country to seek for political asylum in the US. I already sent my application last week and so I am still waiting for confirmation of receipt from USCIS.
My questions are,
1-when will uscis notify me of the receipt of my application and the finger print appointment?
2-secondly, as a Christian a religious organization requires my services as a religious worker and opts to change my J1 status to R1 even though I have applied for asylum, how can that be possible? Can your law firm help me to change status as an asylee?
3-My wife and children have been under serious threats by the government forces ever since I escaped to the US, can I bring them to the US even after I have already submitted my asylum application?
4-can I possibly apply for graduate studies while my asylum is pending, that is, switching from J1 to F1 visa while in the US?
I live in Minnesota and I am hoping to work with your expertise to help me out on the scenarios above.
Thank you sir for your clarification.
Rene
1. Once they receive your application and accept it, they’ll send you a receipt. Its usually around 15 to 30 days after they get it. Two to three weeks later, you’ll be finger printed.
2. You can apply for R1 status even while your asylum application is pending. If they grant you an R1, you can cancel/withdraw your asylum application. You are not an asylee until you actually win asylum.
3. You can’t sponsor them until you’re an asylee. Again, you are not an asylee until you actually win asylum. They can try and apply for visas amd escape like you did. But now that you applied for asylum, it’ll be harder for them to get non immigrant visas.
4. You don’t need to specifically have an F1 visa to be able to study in the US. Now that you’ve applied for asylum, some schools will be willing to take you with just your asylum receipt. Others would take you if they see your EAD card (once you apply for it and get it). Each school is different and has its own rules on how to take you in with a pending asylum application. You should contact the admissions office of that specific school and ask them.
Thanks Thomas, but another preoccupation is that since my J1 visa is subject to the 2 year residency requirement, will that not stop me from changing to an R1 Religious worker status?
Thanks
You need a waiver. Since you fear prosecution from your government and still haven’t won asylum, you should file form I-612, Application for Waiver of the Foreign Residence Requirement, directly to USCIS. USCIS will forward its decision directly to the Department of State’s Waiver Review Division. If the Department of State approves the waiver, they’ll let you know, thus you can apply for your R1.
My J1 status has expired since May 09, 2016 can I still file in for a waiver of the two year rule while my asylum is pending?
I think you have another worse problem. If your J status expired, I’m assuming you’ve been in the US over a year. If this is the case, and since you only applied for asylum recently, your asylum application will be barred with the one year rule, thus likely reaulting with USCIS denying it and causing you even more immigration problems. Your situation is very complex. I highly encourage you to hire an immigration lawyer because anymore moves you take could lead to you being deported.
Thank you – I especially like the point Thomas makes in # 4.
(1) It typically takes about 3 or 4 weeks to get the asylum receipt and a bit longer for the fingerprints; (2) Maybe – if you are still in-status, you may be able to change. I do not know whether an R visa is compatible with asylum, but probably you will need to use a lawyer for this, as R visas have become more difficult to get. The lawyer can help with this. We would not be able to asset with changing to an R visa; (3) They can apply for a visa like anyone else, but it may be more difficult to get since you have asked for asylum. If you win your case, you can bring them here. You can try to expedite your case, but this is difficult; (4) If you are in status, you may be able to change to an F-1, but I do not know based on what you’ve told me. I think you would be better off finding a lawyer close to where you live; someone who specializes in R visas. Good luck, Jason
Hi Jason,
i hope your are doing great.
would you please help me in below matter.
i have submitted my asylum application to Texas service center on March 13,2016. and my asylum office is Houston. i also done my finger prints on May 2,2016. actually i didn’t study instructions for I-589 when i was sending my case.
The problem is i have sent all documents as single copy but on instructions they required mostly documents 3 copies additionally they wrote there that they require original Affidavit and 3 copies.
please help me, i am very worried about this.
_______
Abraham
I would not worry about it – they accepted your application, so that his good. Later, maybe once your interview is scheduled, you can submit the additional copies plus any new documents you have. I do not think this will be a problem. Take care, Jason
Hi Jason,
thank you very much. you know Jason, i am very poor and its very difficult for me to get even food these while waiting for work permit.
i dont have money to get a lawyer but your website is like a GOD gift for me and other, i would say my asylum case is totally depends on your advises which are always helpful.
My prayers are best wishes always with you my brother. GOD bless you.
_____
Abraham
Thank you for the kind words. And good luck with your case, Jason
what shall I do if I need to marry? Shall I withdraw my case before I for green card through marriage?
I afraid my asylum case will effect my marriage case in the future.
What do you think Jason?
Do you have similar cases? What happen?
I fell I am in trouble with this asylum long process.
Do you work on cases like this?
Regards
We have done many cases where the applicant married a US citizen while his asylum case was pending. In general, we wait for the person to get a green card based on marriage, and then we withdraw the asylum case. It is helpful to have a lawyer work on this with you, as you do not want any inconsistencies between the asylum case and the marriage case, and not everyone is eligible to marry a US citizen and get a green card, but in general, this can work and it is not a problem. Take care, Jason
Thank you Jason
What is the average of the cost ?
It depends on the lawyer. We usually charge in the range of $3000 to $4000 for a case like that, but every lawyer is different. Take care, Jason
hello ,
so i like had my interview in November 2015 and so was told i will get my decision mail to me in 3 months. in January 2016 i was invited to be re interviewed just to answer some 3 more questions that my interviewer felt she needed to ask after that she told me sorry for the delay and this time i will get my answer in 2 months this was done in the NYC first interview in the old office and second at the new office i know the moving of the offices sort of push things back i guess so am just asking do you know if there are any delays also in getting your decision
thanks
jt
Many of our clients are delayed in receiving their decisions, and we have had one person waiting for 3 years. Usually, the reason is security background checks, but there can be other reasons as well. You can inquire with the Asylum Office about your case status, but – unfortunately – your situation is quite common. Take care, Jason
Why would asylum office deny work authorization after 2.5 years instead of renewing, firstly they hold for 5 months. And then they denied. What could be possible reasons.
The asylum office does not process work permits – it is USCIS. I do not know why they would deny a renewal unless you made a mistake with the application or perhaps your asylum case was denied and you are no longer eligible for the work permit. You can contact the local asylum office to make sure your case is still pending. Contact info for the office can be found if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason! Sorry that was typo error, it is indeed USCIS. But they lingered on the work renewal for whole 12 months then they denied sending letter stating, they need some document which was sent, but lost in mail. Now is it better to apply fresh or re-open this one with proof of lost of letter in mail?
It depends on the case, but generally, it is better to file a new EAD. It is faster and much less expensive than a motion to reconsider. Sometimes(rarely) if USCIS makes a mistake that you expect they will make again if you re-apply, the motion to reconsider might be better. If you are not sure, talk to a lawyer about the specifics of the case. Good luck, Jason
Hi Mr Jason,
I applied for my EAD based on pending asylum couple weeks ago, my previous EAD is going to be expire in couple weeks and I am not sure if I be able to get it renewed before it get expire; but my employer doesn’t have any problem for me to continue work, will this effect my asylum case, if I continue working without EAD?
You are not allowed to work without a valid EAD. However, if the employer does not care, there is nothing stopping you from continuing to work. Working without permission does not block a person from obtaining asylum. Take care, Jason
thank you for all the help !
and i want to ask you this do to a changed of address before the 150 days to another office.
i applied for the AED the fist time, i got declined i was told because i caused a delay buy changing the address to a new office.
so i talk to my lawyer he told me to wait so i waited and we filed again
same thing happened i was told the clock was stopped and it will not start until i get an interview.
long story short am thinking to file Mandamus to get an interview.
what do you think do i have a chance wining ?
thank you
Maybe you can get an interview based on a mandamus lawsuit. I also think USCIS was wrong to deny the EAD based on your move. I would contact the local asylum office and talk to a supervisor (contact info can be found if you follow the link at right called Asylum Office Locator). Also, you can contact the USCIS Ombudsman about this issue as well (a link is at right for them too). You can do all this at the same time as the mandamus, if you want. Good luck, Jason
i went to the asylum office and i told them everything
i talked to the supervise they told me that the clock was never stopped this is uscis and there is noting they can do, they can see on the system that the aed was denied now am stuck here
thank you so much
You can try an Info Pass appointment and go talk to USCIS (make an appointment at http://www.uscis.gov). Also, you can try the Ombudsman, which may help, but which will probably take at least 3 months. Good luck, Jason
hi,
im from india my status is F1 visa ..i came here on sep 2015, my status is legal now. i have applied Asylum on January. im unable to find my status . Its going to be 5 months(150 days). Before getting EAD if im working with my F1 status (CPT-I took is on the offer letter of some other company but im working in Uber)as an MBA student on payroll, is there any issues?. Im working as driver in Uber. Kindly Reply and please guide.
Thank you.
Sakthi
I am not sure I understand your question. If a person works without permission, it does not affect the asylum case. However, it could affect other types of visas, like an F-1. I hope that helps, Jason
thank u so much
Hey Jason, i have a question, after i sent my ead i got a request for evidence after two weeks and it says that if we don’t get an answer after 60 days then we should call them. It was 30 days why is it 60 days now? And why did they request additional evidence? Will this slow down our ead ?
Yes it will slow it down. It looks like you didn’t send them all the required documents. In the letter they sent you, they mentioned whats missing. Send that in.
Yes I don’t know how I missed it but I didn’t send pictures. But I received my receipt after less than two weeks is that considered fast or is it just normal? Do you have any idea how longer it’ll take?
Two weeks is pretty normal. We see the EADs take up to 4 months, but I have heard about cases going much faster. Take care, Jason
I do not know why they requested additional evidence – the letter should tell you. As for the time frame, I would not worry about it. There is not much you can do; they will process the case in their own time. However, the sooner you respond to the EAD, and the more complete your response, the sooner you should get the EAD. Take care, Jason
Yes i sent the missing documents after two days because i already had them but i just don’t know how i didn’t send them. Anyway I’m hoping for the best! Thank you very much for your help 🙂
hi,
im from india my status is F1 visa ..i came here on sep 2015, my status is legal now. i have applied Asylum on January. im unable to find my status . Its going to be 5 months(150 days). Before getting EAD if im working with my F1 status (CPT-I took is on the offer letter of some other company but im working in Uber)as an MBA student on payroll, is there any issues?. Im working as driver in Uber. Kindly Reply and please guide.
Thank you.
Sakthi
I believe you posted this in two places, and that I answered it before. Take care, Jason
Hi
I get work opportunity outside USA. What shall I do before leaving?
Can I get visa in future or no?
Thank you
You should contact the asylum office to tell them you are leaving. If your case is in court, it is more complicated and it would be helpful to talk to a lawyer. Whether you can get a visa to return, I do not know, it depends on many factors. Take care, Jason
Hi Jason,
Thank you for you valuable information on asylum.
I have one quick question. I have applied for first EAD and it has been now 2 months with no update. I haven’t get any notice to give finger print. Is that always the case to give Finger print or do they consider my first finger print while i file my asylum?
Thank you
No you have to contact them by their number and inform them that you did not receive it yet.
They don’t always ask for finger prints. Don’t worry.
Not everyone gets fingerprinted. If you have your receipt, you should be ok. The EADs can take up to 4 months. Take care, Jason
Hi Jason,
Thank you for your help that you give to everyone.
I have question, I couldn’t afford lawyer and filed my asylum case by myself on 01/12/2015. When I submitted my i-589 form, i realized that i made mistake with my name. I have completed my finger print and got work authorization card with wrong name. I was thinking that I’ll tell asylum officer when I would be interviewed (may be legally wrong idea).
Now can I correct my name at this stage. What procedure can I follow to correct my name right now?
Best regards
Qudrat
I think it will be difficult to correct your name before the interview, but you can try. Contact the local asylum office in person or by email and ask them what to do. You can find their contact info if you follow the link at right called Asylum Office Locator. Good luck, Jason
Thank you so much for your help.
Qudrat
Thank you very much for this article. I find that each client is different: some of them have compelling stories that can fit into several pages and some of them can almost write a book. I now feel reassured that there is no one size fits all approach.
We try to keep the affidavit relatively short (10 pages or so, though we have done affidavits as long as 40 pages). I think the adjudicators prefer a shorter affidavit if possible, though of course you have to tell the whole story, so that might require a lot of space. Take care, Jason
I come for the content, but I stay for the image captions. This one had me in stitches.
Thank you – Not that I should say this, but once in a while, I thinks of a good caption and then I have to write a blog post so I can use it. Take care, Jason
Good Morning Jason
Thanks for all your efforts to help asylum seeker. USCIS received my application for EAD renewal on 05/02/2016 ( this is not based on the receipt but based on usps tracking) I filed it with the G-1145 e-notification form, until now ( is been 4 days now) I didn’t get any notification through email/text,how long usually take them to mail the receipt or respond back by email/text?, and in case the application been rejected ( I filed early 122 days before the expiration date) when usually I will get the rejection letter? looking forward to hear back from you with many thanks.
They won’t notify you in text/email about whether they got it or not. They will in writing though. I noticed that from my application. How ever, they will notify you about everything else electronically such as “your case has been approved/denied” and if approved, “your card is being printed” and “your card has been mailed” and “your card was left in your mailbox.”
But in my previous 2 applications they notified me by sending text/emai,that is the purpose of the G-1145 is to notify you electronically 24 hours after they accept you application
If you filled the G-1145 they will notify you through text/email when they approve your case and cash your check. This can take 10+ days sometimes.
Probably, they were not asylum applications, which are treated differently.
They notify people about the EAD, but the asylum approval/denial is sent by mail or picked up in person.
You should have the paper receipt in about 4 weeks or less (though some offices seem slower than that). I may be wrong, but I do not believe you can get electronic notification for asylum – I am kind-of old school, and I’ve never tried that, though, so I could be wrong. If you don’t have the receipt in a month or so, then you can start to worry, but not now. Take care, Jason
Thank you very much Jason hope you had a good weekend
Hi, Jason
I am from Egypt , I applied asylum from more than one year ago in San Francisco Office and until now no date has been set for the meet me ,my wife and daughter are present now in Egypt and She has been randomly selected for further processing in the Diversity Immigrant Visa Program for the fiscal year 2017 (lottery) so what will happen?
Do you give them a visa or refusal because I had applied for asylum here ?
In fact , I am very worried ..please tell me
Thank you
I am not sure I understand. You are here, waiting for your asylum case, and your wife and child are in Egypt? If so, and she won the DV lottery, your asylum should not affect her DV lottery case. So she and your daughter should be able to come here based on the lottery. Whether you can take advantage of the lottery is another question, and it depends on many factors. I recommend you talk to a lawyer about whether you can also benefit from your wife winning the DV lottery. Take care, Jason
Thanks, Jason
Yes I am here waiting for the Asylum Case, and my wife won the DV Lottery 2017 , I Will Ask the my attorney about that and if you found any information please help me
Thank you and have a nice day
Hi Jason,
Thank for all the information you are providing for us. Is it possible to request expedition of EAD based on job offer? My case based on pending Asylum. Thank you!
You can always ask, but I am not confident that it will do any good. There is no harm in trying, though. Good luck, Jason
Hi Jason,
Thank you for your efforts to help everybody.
i m waiting for my interview since long time (almost 2 years), if my family is traveling from my country to a third country with a transit period in an American airport, can they ask the asylum in this airport?
if they succeed to enter US, can i add them to my asylum application?
Best Regards
They can ask asylum at the airport, but there is a high likelihood that they will be detained. Maybe they will be released quickly, but maybe they will be detained for a long time. Usually, their case will be heard by an Immigration Judge and they will not be part of your case. However, if you win your case, you can petition for them and they can close the court case. It can be tricky, so I recommend you talk to a lawyer about their specific situation before they try to ask asylum at the airport. Good luck, Jason
Hi Jason
I interviewed two months without decision till now.
I worked for US and can not return to my country.
Now my family lived in third country and must to deport this country and they can not return to my country or travel to other country because visa.
Can i write my situation to the asylum office so they will consider this and release my decision or can i write directly to Ombassdor?
Which one is better?
You can tell the local asylum office and the Ombudsman, but unfortunately, as we are seeing very long delays for many of our clients, and there is really nothing effective that we have been able to do about it. Certainly, it does not hurt to contact them and explain your situation though. Good luck, Jason
Thank you Jason for all the education & help you are giving away for free. Thank you indeed.
Hay Jason Thanks a lot for this beautiful blog and second thanks to answer’s every ones questions. My question is that I applied for asylum in LA Office in September 2015 and still waiting for interview. All the case is running smoothly. I got my EAD within 5 weeks after applying. Thanks US government and people they help me to survive and now I got a job. But some problems is with my attorney. He is a good and noble person but he have not much knowledge of asylum case. Because I am also lawyer in my country and know some about this profession. Now I want to change my attorney and give the task of affidavit to new attorney. Can i change my attorney which also represent me in interview. And if I change my attorney can it harm my case. Thanks.
Yea you can change him. It won’t affect your case. You can even have several lawyers. They just need to file a G-28 form before USCIS.
People change attorneys all the time – it is fine and it should not harm your case. Good luck, Jason
Ajay
you can change the lawyer but the one who represent you in the interview must NOT be your lawyer… Good luck and take care.
I’m not sure I understand that. You can have a lawyer with you at the interview; I go to my clients’ interviews all the time. Take care, Jason
Hi Jason, appreciate all the efforts you putting in this blog it has been really helpful for me, i have 2 questions:
1) when i am trying to change my address for my pending decision asylum case online the USCIS system does not recognize the format of receipt (ZSF####) what should i do?
2) i am seriously considering the writ of Mandamus for my case, i filed my asylum case in end of November 2014 and interviewed in 7th of January 2015 San Francisco office and until now there is no decision and also i have a wife and child back Iraq whom there and my future depends on the decision, from your experience is my situation is good candid for writ of mandamus?
Thanks in Advance! Mahmoud
You can file the AR-11 directly with your local office, that is how I do it. As for mandamus, I wrote about that a bit on February 26, 2015, so maybe that post would help. Before you do the mandamus, you should inquire with the local office and the USCIS Ombudsman – these are discussed in that posting. Good luck, Jason
Hello, Jason
Thanks for your kindly help.
I have one question. I filed an asylum application on Dec 2012 and interviewed in Newark NJ office on Jan 2014 and got the final deney on Feb 2014. I had the F1 visa at that period of time so i wasn’t be referred to an immigration judge. I moved to VA last year and am now out of status. Can i be referred to an immigration judge ? Or the only thing i can do is to submit the asylum application again in Arlington office? I don’t have C08 so i can’t work and this is killing me and i really don’t know what to do.
Bests,
Jim
Most likely they’re going to put you in deportation proceedings. You should hire a lawyer before doing anything. But in reality, if your country/story conditions didn’t change, it is very very likely that your second attempt for asylum will be denied.
You can re-file for asylum. I believe you have to file the case with the Newark office, since that is where you applied before. However, I am not sure, and you need to have a lawyer double check that. Most likely, your case will be denied, since it was denied once before, and then you will be sent to court where you will have a chance to present your case anew to the Immigration Judge. Take care, Jason
Thanks Jason
We all appreciate the time you spend to educate us, we need more info about after decision time (approval or denial)
Thanks
There is no time frame for a decision after the interview. Sometimes it takes 2 weeks; other times, people wait for years. Unfortunately, there is no real way to predict. Take care, Jason
Dear Jason thank your valuable support which is highly appreciable. I have one simple question for you regarding affidavit. Is it possible to change as a whole or add/omit facts after it was submitted ? I look forward to hearing from you soon. regards,
It is, but if you have previously given different information to the US government, you will need to explain the change. We do it sometimes, and generally it is not a problem, as long as there is an explanation. Take care, Jason
Thank you.
Hi, i have applied asylum on political ground in january 2015 from new York.i Did not know that time the importance of Asylum affidavit or Declaration.now when my interview time will come,it will submit it.plz guide me;
1.Affidavit and Declaration is the same thing?which can be subitted with form i489?
2.What would be sub topics of it?meand which type data should be written?
3.How many pages it may be?10 pages?
Plz guide properly.Thanks.
Affidavit and declaration are the same thing. Otherwise, it is hard to advise you without knowing anything about your case. You need to explain why you need asylum, but there may be other issue that should be discussed as well. I recommend you talk to a lawyer who can hopefully help you prepare a strong affidavit. Take care, Jason
Well its a good thing I don’t like tuna. I get to worry about one less point now.
It’s probably mostly dolphin anyway. Mmmm, dolphin…