After you file affirmatively for asylum, you will wait for months or years, and then finally, you will have an interview. What happens at this interview? And how do you prepare for it?
The interview is a (supposedly) non-confrontational conversation between the asylum applicant and an Asylum Officer. It takes place in an office; not a courtroom. You can bring an attorney and/or an interpreter with you to the interview. And sometimes, an Asylum Office supervisor or trainee is also present.
Before the interview, when you arrives at the Asylum Office, you need to check in. This consists of giving the interview notice to a receptionist, who will take your photo and fingerprints, and give you a paper to read. The paper reminds you of your obligation to tell the truth and lets you know that you can bring an interpreter with you to the interview. Do not sign the paper—you will sign it once you are with the Asylum Officer in the interview room.
The interview itself is divided into a few parts.
First, the Asylum Officer will explain and administer the oath, during which you will promise to tell the truth. If you have an interpreter, the Asylum Officer will also make her take an oath. For people using an interpreter, the Asylum Officer will call another interpreter on the phone, and this person will monitor the accuracy of the interpretation. If the interpreter you bring makes a mistake, the telephone interpreter will correct it (remember to speak loudly and clearly, so the person on the phone can hear you).
After the oath, the Officer will review your form I-589 and give you an opportunity to make any corrections or updates. It is important to review the form yourself before you go to the interview, so you are ready to make corrections and updates when the time comes.
Once the form is corrected, you will reach the heart of the interview, where the Officer will ask about why you need asylum in the United States. A few points to keep in mind here: First, if the Officer asks you a question that you do not understand, do not answer the question. Instead, ask for clarification. The Officer is typing what you say, thinking about his next question, and reading your file, all at the same time, so he may well ask you a poorly-worded question. It is not a problem—and indeed, it is common—for an applicant to ask the Officer to clarify a question. Do not be afraid to do that. Second, if you do not know the answer to a question, or do not remember the answer, do not guess. Just say, “I don’t know” or “I don’t remember.” If you guess, and your answer is different from your documents (or different from other information that the Asylum Officer has), it may cause the Asylum Officer to believe you are not telling the truth, which could result in your case being denied. Obviously, it is better if you know and remember the facts of your case, so make sure to review your statement before the interview.
There are certain questions that the Officers usually ask, and you should be prepared for them: Why do you fear returning to your country? If you or a family member have been harmed in the past, describe what happened. If you face harm from a terrorist group or other non-governmental actor, can your home government protect you? Is there somewhere in your country where you can live safely? If you are a member of a political party, the Officer might test your knowledge of the party by asking about its leaders or history. If you are seeking asylum based on religious persecution, the Officer might ask you about the tenets of your religion. For people who served in the military or police, the Officer might ask about the nature of your service, and whether you might have engaged in persecution of others. If you ever had any interactions with a terrorist or insurgent group, the Officer will ask about that. The Officer will also want to know about other countries you have lived in, or traveled through. If you left your country and then returned, the Officer may want to know why you returned home then, but do not want to go back now. Also, the Officer will have a copy of any prior visa applications (possibly including applications made to other countries or the United Nations) or any other documentation you submitted in an immigration matter, so you should be prepared for questions about prior applications. Of course, depending on your case, the questions will vary, and that is why it is so important to review your case before the interview and think about the types of issues that might come up (and if you have a lawyer, she should think about and work through these issues with you).
Usually near the end of the interview, the Officer will ask you the “bar questions,” which everyone must answer: Have you committed a crime or been arrested? Are you a terrorist? Did you ever have military training? etc.
Sometimes at the end of the interview, the Officer will ask whether you have anything else to add. If the Officer covered all the major issues, I recommend to my clients that they simply thank the officer and end the interview. Some people want to give a long statement about their desperate situation or their family members’ problems. In my opinion, such statements are not helpful, and could end up causing more problems than they solve.
Finally, the Officer will instruct you about the next steps–the Officer will not give you a decision on the day of the interview. Either you will be required to return to the Asylum Office to pick up your decision (usually in two weeks), or they will send the decision by mail (which could take days, months or years). I always caution my clients, even if the Officer tells you to return in two weeks, it is very common for pick-up decisions to be canceled and turned into mail-out decisions. In other words, until you have the decision in your hand, you have to remain patient, and you cannot make any plans.
The whole interview process can take an hour, but more often, it takes a few hours. On occasion, it takes many hours, and sometimes the Officer will ask you to return another day for more questions.
So what do you do to prepare for the interview? First, make sure you have submitted all your documents and evidence in advance, according to the rules of your local Asylum Office (in my local office—Virginia—for example, we are required to submit all documents at least one week in advance, but local rules may vary). Second, review your statement and evidence prior to the interview. Think about what issues may come up, and how you want to respond to those issues. Bring with you to the interview your passport(s) and any original documents you have. If you have dependent family members as part of your application, they need to attend the interview too (though usually they will not be asked many questions by the Officer). Dress in a respectful manner. Be on time or early.
The interview is a key part of your asylum case. If you know what to expect and are prepared to address the issues–especially any difficult issues–you will greatly improve your chances for a successful outcome.
Hi jason
thanks for your amazing advices , i have applied for asylum 7 month ago but when i enter my receipt number on(check Status) it says that doesn’t recognize my number, is that normal??
Thanks
Yes – You cannot check your asylum receipt number on-line. If you apply for a work permit, you can check the progress of that case on-line. Take care, Jason
Hi Jason
Who do you refer in New York for asylum cases is best and economical?
Sorry – I do not have anyone there to recommend. You can Google “AILA”, which has a lawyer referral service. Generally, AILA lawyers are going to be better than non-AILA lawyers, so maybe that is a good place to start. You might also check with Catholic Charities or another charity to see whether they recommend anyone. Take care, Jason
I interviewed in may 2012.
No answer.
What can you suggest. Peding is a philosophy
Of immigrant law?.
Contact the local asylum office to ask about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, contact the USCIS Ombudsman about it – a link for that is at right also. Take care, Jason
Hello Jason ,
Much appreciation on updated and current situation of asylees . It helped my case go in the right truck from the advise that i got from your blog and know it’s at the end of the tunnel .couple questions.
1.I have been called for interview on the upcoming two weeks In SF . Do i need to collect/right affadivit support about my case and does it help ?
2. My brother currently have been given visa to come to USA do i need to update the AO about my brother since I put my brother in the I-589 ?
3.I expdited my case due medical reasons am I expected to be questioned about my medical case ?
Thank you.
1 – We always submit an affidavit and evidence; there are rules about when you have to submit that. In our office (Virginia), it is at least one week prior to the interview. I do not know the rules in SF. However, if you have already explained the basis for your claim on the form, that may be enough. Hopefully, you also have evidence and letters that you submitted or can submit before the interview; 2 – The officer will review your form with you, and if your brother has moved, you should state where he is at the time of the interview; 3 – maybe. Normally, our clients are not questioned about this, but they certainly can ask you. You should have evidence about this as well. Take care, Jason
Hi Jason,
My work authorisation card will be expired on 1/29/2017 and i got my recommended approval two days ago , my quation is should i renew the card now ? And what is the expection time to get the final approval?
If i have to renew the card whats the stats for me me now ? And what is the documents that i have to attach ?by the way i had also second finger
Best regards
I will do a post next week (I think) that lists the average waiting time for a final approval; I don’t remember what it is right now. So maybe check back on that. However, that is just the average, and I recommend that you apply to renew now. If the final approval is delayed, you will possibly not have a valid work permit unless you renew now. The renewal is the same process as before – you are still considered a person with a pending asylum application. The only disadvantage is that you have to pay the fee of $380. You can ask for a fee waiver, using form I-912, available at http://www.uscis.gov, and maybe avoid the fee that way. Take care, Jason
Thanks alot for your reply
Hello Jason,
My wife was interviewed at Chicago asylum office on 2nd May. Do you have any idea how does it take at Chicago office to mail the decision?
How long does it take? Plz excuse for typo error
There is no way to predict. Sometimes, a decision comes in a few days; other times, it takes many months. I have not done too many cases in Chicago, but in general, they have given decisions relatively quickly, at least for my cases. Good luck, Jason
Hello Jason, first and foremost thank you for your help. It’s very kind of you to guide people this way.
I am from Venezuela and was part of 2 political groups on my country against the government, I was hurt several times during protests and the government started following me.
I was born and raised in Venezuela, but my parents are both lebanese. I don’t have a lebanese passport but I can enter the country without visa because of a document that states that both my parents are lebanese.
After being harrased by the government I left the country and went to the US were I stayed for 4 months but then I went to Lebanon and stayed 3 months until I returned to the US.
1) Is it a problem that I traveled to Lebanon instead of asking for asylum the first time I came to the US? (I never returned to Venezuela)
2) Is it a problem that both of my parents are lebanese even though I don’t have a national ID nor passport?
3) Also, this time I was only allowed the time of my flight ticket to stay (less than a month) and was told that I had a red flag on me because I entered the country a few months ago and they knew I worked for a few days. I was even threatened not to stay more time than what my i94 says. Do you think that I’ll get in trouble if I apply for asylum after my i94 expires? Everytime I come to the country they put me in the room because of my arab name (even though I have never lived outside Venezuela). I’m afraid of being deported or worse.
I appreciate your help, I’m currently on a southern state, but I would really love to have you as my lawyer, though I assume it isn’t possible due to our locations. Is there any way to have a paid consultation via phone?
Again, thank you
1 – This could be a problem. If the US government thinks you are “firmly resettled” in Lebanon, they will deny asylum. This is actually a very tricky issue, and I recommend you talk to an attorney about it, as “firm resettlement” is a technical term and it does not necessarily mean what the name implies; 2 – This may be a problem (and maybe not), and I recommend you talk to a lawyer; 3 – This should not be a problem. If you are here in the US, you can file for asylum, even if there is a “red flag” on your case. I can do cases anywhere; you are welcome to email me if you want to discuss the case (there is a fee), but you might be better off finding a local attorney, as that is often more convenient. Take care, Jason
As a rule, the child of a Lebanese father is automatically a Lebanese citizen too, without the need of formally applying for it. You traveling to Lebanon without the need of a visa proves that your citizenship status in Lebanon is alive and active. This means you are a dual citizen, and have the legal right to permanently reside in Lebanon. The US government can use this against you, and deny you asylum. On the other hand, if it was the case that you have formally denounced your Lebanese citizenship and have traveled to Lebanon without a visa (with your viza-waivered Venezuelan passport), the US government will see this as an act of you not fearing the Venezuelan government (by using their passport), and thus deny you asylum. Your situation is very complex. You should talk to a lawyer around you.
Hi Jason,
I got EAD Aug 19, 2016 on base of my pending asylum application.
USCIS published notice about 2 years EAD validity from Oct 8th 2016
so do I need to apply for renew before expired in 2017 or it will be automatically valid for 2 years.please advice me.Thank you for your great help.
With regards
Prateek.
Your EAD expiration date is on the card. I suspect it is in one year, meaning you need to apply 120 days before the card expires – that is the earliest you are allowed to file to renew. Your next EAD should be valid for 2 years. Take care, Jason
Hi Jason,
Shana tovah u’metukah!
I have a small question for you. I am a pending asylum applicant that didn’t happen to get called in for an interview.My parents are sick and I wanted to leave the country to go see them. So I wrote a letter to my Asylum office to ask them to expedite my case so that I could leave the US for a family reunion, but I didn’t specify WHERE at. I guess, the answer is no, since I have not heard anything back from them…
But now, I’m thinking what if they misinterpreted my letter, like I’d want to go see my family to the country I fled from, (which I would never do, ever) because I was not precise enough. Could this letter have any negative impact to my case and denial, eventually?
Thank you!!
Maybe send them another letter and ask again. This time explaining that you will meet your parents in a third country. I do not think the letter will have a negative effect, as you can explain your intentions. You might also look at Advance Parole (form I-131, available at http://www.uscis.gov), which can allow you to travel to a third country and return while your asylum application is pending. Good luck and L’Shana Tova, Jason
Hi Jason,
I need your advice, please.
My asylum interview was scheduled in September 2016 after 3 years of waiting. But one week prior the interview I received a cancellation for it. How long does it take to get scheduled again? (SF office)
Thank you very much!
Normally, they reschedule pretty quickly – in a period of weeks. If you do not hear from them soon, email them to ask. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you , Jason!
i am sorry to interrupt here but Alex from what i know the waiting times for sf office is 22 to 24 months ? their schedule is not accurate ? please let me know thanks.
Hi Jason,
Thank you for your response to my previous question, this is a follow-up question.
In your experience, will using a private lawyer to file for asylum prejudice the Asylum Officer against me, or does it make more sense to use a pro bono lawyer?. my reason for asking this question is because the pro bono lawyers I have contacted have not been very helpful (i think it is because they have huge case loads), but I am running out of time to file the application, so I need to either file it myself, or pay a private lawyer to file it for me.
I think it makes no difference whether you use a pro bono or a paid lawyer. I think asylum officers and judges are grateful to pro bono lawyers, but I think it has no effect on the decision. Take care, Jason
Hi Jason,
Can you please give me some idea about asylum interview, I submited my asylum application 2015 in New York but I have not got any interview letter or any further informations. How long before they send interview date confirmations letter? I look forward your response.
Thank you.
Regards
Nitin
There is no way to know that. But you can look at the Asylum Office Scheduling Bulletin (a link is at right) and it will give you some idea. Take care, Jason
ok
Dear,
if you please I need to knew what its mean of second fingerprint after interview, is it almost approve for my case or not yet
Thank you
It might mean that, and it might not. We have seen it both ways. I hope it will be an approval for you. Good luck, Jason
Thank you I hope I will get I approve in the end
Hi Jason
I’m from Mexico, my husband from Jordan, married in US while I was on tourist visa. He’s an asylum seeker pending interview. If his asylum gets denied, will he be deported to Jordan and me to my country? And if we have a child born in US, where would they deport him?
My question is because the case is likely to be denied for what I’ve read but it can take years and maybe we could have a child before the decision is made. I’ve never lived in his country or he in mine.
Thanks,
If he (or you) gets ordered deported, typically, you just get a paper order, and you can leave the country on your own. If you do not leave, eventually you may get detained and deported to your country of citizenship. If you lose the case, and you decide to leave, you will need to choose where to go. If you have a child, it could potentially help your case, but it depends on many factors. I recommend you talk to a lawyer to go over the specifics of the case and decide how to move forward. Take care, Jason
Thanks for the reply Jason.
I wonder if you have an option of consultation through Skype or Phone (paid of course), in case we need further legal advice.
Best regards
We can do it, though we do not have a great system for that yet. Anyway, if you want, email me at Jdzubow@DzubowLaw.com and I will send you info on phone consults. Take care, Jason
Hi Jason,
I request an expedited interview success,because I am HIV positive. But now I have a problem.I used myself to the immigration requirements for expedited interview, my lawyer does not know this thing and doesn’t know I have HIV. I want to know what I need to tell my lawyer?In the course of the interview, you will be asked about the HIV ？ I’m afraid of being discriminated against. thank you！
I think I answered this already, but if you are afraid your lawyer will discriminate against you, you should find a new lawyer. Also, since the HIV aspect will likely be mentioned at the interview, it is better for the lawyer to know, so he will not be surprised and so he can properly prepare you for the interview. Take care, Jason
Hi Jason,
My asylum interview is pending since Dec 2013 ( No interview so far).
In the meantime, My TPS was approved and recently My H1b also got approved with change of status. My wife is about to apply for H4 dependent visa back in home country. Do you think My pending asylum will still have negative effect on the H4 decision? any experience?
She was once denied Tourist visa before because I was only in pending asylum state at that time..
Sachin.
A tourist visa is different from an H visa. The asylum would affect eligibility for a tourist visa, but it should not affect eligibility for an H visa. Hopefully, she will get the visa. Good luck, Jason
Hi sachin ,
So did you able to change status with tps ? Did your h1 approved here ? Did you already started working on h1b ?
yes.
if there is no unlawful presence in past,Change Of Status is usually granted.i have already started working oh H1b.
Hi Jason, thanks for your wishes !
My wife was issued H4 and she is about to come here.
In the mean time I got a letter from NY asylum office saying that I did not appear for asylum interview and I have to reschedule in 45 days otherwise they will close my case ( In fact I never received any letter for interview, my attorney also did not receive any notice for interview).
I am thinking to withdrawing my asylum application. Does it have any negative effect in future in any way, especially if an employer files Green card for me in future?
sachin
It could have a negative affect for certain types of visas (like a tourist visa or student visa), but I do not think there would a negative effect on an employment-based green card application. Of course, tell your lawyer about the asylum case and see what he or she thinks. In general, I recommend that my clients do not withdraw an asylum case until they actually get the green card, but it depends on the case, so maybe that is a better decision for you. Anyway, that is something you can ask your lawyer. Take care, Jason
Hi Mr. Jason
I have granted asylum at Dec 08, 2016. I heard that I can apply for green card three months earlier before that date am I right or not?
I assume you mean December 2015. We used to file for the GC 1 month before the 1 year anniversary. However, USCIS rejected a case as filed too early, and so now we advise people to wait for the entire year before filing for the GC. I suspect if you file 3 months early, the application wild be rejected. Take care, Jason
Hi Jason,
It hurts my asylum case if I filled a refugee with UNHCR outside USA.
What shall i answer officer if he asked me about:
Did you fill asylum anywhere before you come to USA?
THANK YOU
My wife has an interview with UNHCR office in Jordan.
What shall she answer when they ask her about me?
He is in USA applying for asylum.
If that is what you are doing, she should tell them. They will find out eventually, and lying will only cause the case to be denied. Take care, Jason
If you filed with the UN, the asylum office probably already knows about it, so there is no point in hiding it – that will only cause your case to be denied. You should be prepared to discuss that application, and also, you should submit any evidence that is relevant to that application. Take care, Jason
During the interview, I told them that I did not apply for asylum in any places. My application in Jordan with UN is a refugee and not asylum. The reason I hide this to be not accounted a bar for me and the independent of the UN databases.
I interviewed in Feb 2016 and till now did not get rejected and my case under background check.
What do you think I have to do now?
Thank you
My personal opinion is that you should contact them and tell them about the interview in Jordan. I think that they will know anyway (and maybe that is the reason for the delay), and so hiding the interview will most likely cause the case to be denied. If they call you for a second interview, I think that would be a very strong sign that they know. And it is much better to give them this info than for them to have to ask you for it (and also ask you why you hid it). Given your situation, you may want to consult with a lawyer before you make a decision, so the lawyer can know the whole story of your case, but generally speaking, I think USCIS usually knows about such interviews, and it is far better to give them the info about the interview than to try to hide it. Take care, Jason
Hi Jason thank you so much for the advice u give us.
I was an asylumie and I married my girlfriend I was given a green card this year but wen I travelled home I came back when she changed her mind and filled for an annulment of marriage can u kindly advice invade she won the annulment does that mean my green card will be taken away? And also will that mean that I will be deported back to my country kindly advice do I need a lawyer for this because I don’t know what to do.kindly advice
You probably need a lawyer. If your green card is good for 10 years, then you are probably fine. However, I suspect you have a two year green card, which means you have to file a form I-751 before the 2 year card expires. You can do that, and if you are successful, you can keep the green card. But for that, you should have a lawyer, as it can be difficult to win. Also, you could possible re-new the asylum case, but I am not sure that you can do that at this stage, or that you would want to. Take care, Jason
Hi Jason ,
Thanks for all the advices ,
I’m still in pending finger print and interview from sep2013!
(TX service center )
Is there any hope ?
I do not understand the question. You have not yet been interviewed? Or you never received your fingerprint appointment?
Jason Dzubow
if my attorney, used my case for his friends by rescheduling mine,
what should i do? I couldn’t fire him , am poor, could not pay more. at asylum office, is there office to complain? the first window offers are useless.
thank you
Alx
I do not understand what your lawyer did, but if you need to complain about him, you have to find out what state he is barred in (every attorney is a member of a state bar association) and then look at that bar association website. It will have a link about how to file a bar complaint against the lawyer. If you are going to do this, you can’t really keep him as your lawyer. Maybe you should look for a non-profit to help you, or at least talk to you about the situation before you file a complaint. Take care, Jason
definitively, i am sure my(??) attorney is my plaintiff
persecutor. rescheduling and escalating my case for his business. I am looking Alah could help me to have solution. Or may be the office would go its own principles than the gluttony and rudeness of the lawyer. do you think the office would go?
thank you
Alz
Hi again.
is it possible to sue Immigration office or no?
regards
Of course, you can sue anyone. This is America. If you are talking about a mandamus lawsuit, it is one way to try to force them to move the case faster. However, I am not sure about the likelihood of success. I recommend you talk to a lawyer before you do that. Take care, Jason
Hi Mr.Jason
I hope you are doing well and thank you for the time you gave me to read this Email. Actually me and my spouse and son filed asylum form 8 months ago. our current visa type is F and will expire on 2018. we noticed that my mother has cancer and we need to bring her here , because her doctor referred her to a doctor in USA, but as we filled asylum case they couldn’t get visa to USA,So our case should be clear to let them come here.is it possible for us to ask for expedite our case due to emergency? if not, please help me to find best way?please help me. i appreciate.
If you have a letter from her doctor, you can ask the asylum office to expedite your case. They may not agree to do it, but you can try. If she did not get a visa, maybe she can get “humanitarian parole” (apply on form I-131, available at http://www.uscis.gov), which is another way to come to the US. I recommend you have a lawyer help you, as this is not easy to get. Good luck, Jason
Hi Jason,
I just got my interview notice, the problem is they required all my family to show up with me, and my wife is pregnant and her due date is same interview’s day!!!! can I go without her and submit a letter from hospital , and continue to have the interview?
You can probably do that, but I recommend that you email them in advance and tell them what is happening (or go in person or call them). You can find the contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
thank you so much for your help, My wife will ask her doctor, if its possible to make her deliver one week before her due, otherwise we will submit a letter from the physician to Asylum office and see.
Hi Ray,
Could you tell me when did you apply asylum application, I am waiting for 1.5 years and still there is no any informations, about interview.
I look foward your reply.
Nitin
Hi jason
I deposited my asylum application I-589 to chicago, there are two months pass and I received the first paper authorizing me to stay in the united states and here almost 2 months I never received the invitation for the control of fingers. ……what do I have to do?
It normally is faster than two months. Try sending an email or calling (or going in-person) to the local asylum office (you can find their contact info if you follow the link at right called Asylum Office Locator). They should be able to help you. Take care, Jason
Hi Jason. You wrote very good article it help us very much. Plz tell me one thing I have a pending asylum case from 2 years. Iam from Pakistan occupied Kashmir. And my asylum application is based on i was worked with political party who wants independent Kashmir. And my party chairman is also in exile from last 16 years. So u have any idea about the cases from Kashmir are eligible for asylum here. Thanks.
I do not know about such cases, but it sounds to me like you have a strong case, at least in terms of political opinion. You also have to show that you face harm and that you cannot relocate to another part of the country, among other things. I am not familiar with your case, so I do not know about those (or other) points. But a delay like the one you describe is, unfortunately, fairly common. Good luck, Jason
Hello Jason, please advise.
I changed a lot of jobs before my interview, should I update my form I-589 indicating all of them or just last one? My last job is unofficial, I work in the family, is it bad? Will officer contact the family? I sent my case 3 years ago, is there any chance that officer will ask about all jobs I had?
Thank you for everything you doing!
The officer will ask you to update your jobs (and the rest of your I-589 form) at the interview, but if you have had a lot of jobs, it might be a good idea to make a list and bring it with you to the interview. The fact that maybe you worked unlawfully should not negatively impact your asylum case, so I would not worry about that. Take care, Jason
Hi Jason
Chicago asylum office informed me that my case is on Vermont service center. What was that mean?
I am totally confused because service centers are only doing immigration forms not asylum.
I do not know why your case would be at the VT service center. That seems strange. Maybe you can contact Chicago again and ask them why. If that does not work, maybe try the USCIS Ombudsman – a link is at right. Maybe they can give you more information. Take care, Jason
Hi.i have R-1 visa.i am journalidt.i came usa last and stayed one month.this year i came again onr week ago.i read in uscis website that if R1 visa holder lives in usa 2 years then he can get green card. Kindly tell me that how?
This blog is for asylum and I do not now about R visas. Take care, Jason
Hello Jason,
Maybe you might have been asked the question I have before, if you do not mind can you help please, the question or statement is as follow: I am on a pending asylum application since July 2015 and I might get my interview in 2018; I am not married yet but since I arrived here I have known a nice lady who is a citizen, and we might get a baby soon and even get married before interview time, so here what are my options?. Can I still wait for the interview or I have another option I could follow?
If you are married to her and you entered the US legally, you are probably eligible to get your green card based on the marriage. You should talk to a lawyer to make sure you are eligible. Once you have the green card from the marriage, you can submit a copy to the asylum office and close your asylum case (unless there is some reason you want to pursue the asylum case even though you have a green card – for example, because you need a refugee travel document). Take care, Jason
Thank you so much Jason. I came legally and still have my 10 years visa. For the lawyers I am scared sometimes to talk to them. I will do everything myself. Whenever I have a little question I will be asking you here, if you do not mind. Thank you once again and God bless you.
Tomi
You can ask, but I do not know your case and I cannot give you the advice you need. If you are scared of the lawyer, I highly recommend that you find a lawyer you are comfortable with. It is a mistake to do some work on own your case and not tell the lawyer – it can result in you doing something that contradicts what the lawyer has done, which can cause big problems for the case. You really need a new lawyer. Take care, Jason
Hello Jason,
In August of 2014 I resigned from my job and embarked on a journey to seek asylum in the United States. A few months earlier, I was able to get in contact with an individual who was able to arrange accommodation with a LGBT activist who himself left the same country because of his sexuality 15 years ago. Unfortunately some terrible events took place throughout the month of September while staying at his home. My hope was that I would be able to seek his help in getting the resources necessary to file for asylum, but was caught up in a situation where he made unwanted sexual advances and also had me engage in sexual activities with multiple partners in his home.
One incident, I was peer pressured into unprotected sex which left me worried and paranoid about the possibility of being exposed to an STD. I sought his help in regards to taking precautions to protect myself, in this case, I wanted information about PEP which I was aware of. Before I could finish, he snapped at me and said I should not put ‘that on him, that is on you’. I responded by saying, “I am not blaming you, all I am asking for is how do I go about getting PEP”. He said ‘oh, ok, we can do that’. The next morning, I tried waking him up, but he was really sleepy or just did not want to get out of bed. I decided to call an acquaintance I became friends with through this person. When she arrived, I awoke him, to let him know what I was doing and he said he would like to come along. She took me to the ER to do a rapid blood test. After explaining the situation to the nurse practitioner, I got scripts for PEP.
To cut a long story short, because of these circumstances this acquaintance insisted I leave. So I packed my stuff and left to stay with her. The relationship with her deteriorated within the following weeks of staying at her home. She started to pressure me for monetary contributions towards my accommodation at her residence. This is after she insisted I leave the person I was staying with and stay with her and she would help me with guidance and resources. After witnessing domestic violence she had with her partner living at the home and the fear of similar altercations possibly on the verge of happening with this person, I decided it was best I leave.
I had nowhere to go and the person who initially arranged for my accommodation was not of much help and I could not find any form of temporary living arrangements during this ordeal. I was able to stay at a hostel until I made the difficult decision to my country of origin. During my first week of stay I had even scheduled an intake appointment with Immigration Equality in New York. Due to the unforeseen circumstances with my living arrangements and almost being on the brink of being out on the streets, I sort of panicked and returned. So I was not able to follow through on the intake appointment. Its a mistake in itself that I have come to regret, but I just did not know what to do at the time, who to turn to or trust. I felt like, persons who I had entrusted to help me were either interested in abusing me or get money which I only had a little of.
Last year, I traveled to Seattle, to see if there was another opportunity to file for asylum, but this itself proved unsuccessful. I was in communication with an LGBT activist who runs AsylumConnect for helping LGBT persons seek resources when they arrive in the US. I returned again after a difficult experience with finding resources in Seattle. The catalog wasn’t helpful in some respects, finding places like the Jewish Family Service proved impossible. Upon returning, I read about Gay City, an LGBT Center located in Pike Market area; which might have been my best chance at getting some help while there, but it was too late.
I am contemplating trying again, but I wondering if the multiple returns will prejudice me? I desperately want to leave so I can be myself and stop living in this constant fear because of my sexuality.
Thank you for your response.
We have had many cases where the client returned to the home country after a visit to the US. This is an issue for your case. However, if you explain why you returned, it hopefully will not block you from receiving asylum. In my experience, people who explain why they returned home are often able to receive asylum despite the return trip. Good luck, Jason
Hi Jason,
Practically, how long does it take an immigration attorney to write up and affidavit for his client? Or how long does it take them to complete your package for filing?
Thank you.
It depends on the lawyer. At the start of the case, we file only the I-589 form, copy of passport, and if there are dependents, the family documents (marriage certificate, children’s birth certificate, spouse’s and children’s passports). These days, if the client is cooperative, we can usually get the case filed in a week or two. The affidavit and supporting documents takes much longer, as it is a lot of work, and often it takes time to get documents. Not to mention that we have other cases to work on. It can be done quickly if necessary, but this sometimes leads to mistakes, and since there are very long delays – even for people who try to expedite – there is really not much reason to rush. Take care, Jason
Thank you Jason!
It’s taken my Attorney over a month since I gave him the rough information. I’m not too sure what’s going on; he’s telling me that it will take several weeks.?
That seems reasonable to me – attorneys have a lot of different cases, and it is difficult to prioritize cases where the person wants to expedite, as the process to expedite does not work well, and it takes time. Therefore, even if we go quickly, it does not mean the case will be expedited quickly.
Hi Jason. Thank you for your easy to understand articles.
Do you have any idea about Asylum applications from Nigeria, i intend to apply as a member of a Social Group.
Thanks,
Vic.
Such cases can be successful (I’ve done a few myself). Of course, each case is different and it depends on the social group and what has happened/will happen to you. Good luck, Jason
Hello Jason,
Thank you for all effort & info you put on helping us finding answers to our questions.
The affirmative asylum scheduling bulletin shows that I should be scheduled already for an interview but am not, how can I contact USCIS office to ask about it ? is there an email address or so ?
What is your advice for me, what shall I do ?
thanks !
if you dont mind which office you are in?
SF
You can find contact info if you follow the link at right called Asylum Office Locator. You can email them or call. It sometimes takes a few weeks to get a response by email, and sometimes, they do not respond. Your best bet is to go in person, if possible. If you live far from the office, try emailing or calling first. Also, if your case is at a sub-office (for example, New Orleans or Washington State), the scheduling bulletin does not list your waiting time. Take care, Jason
Hi thank you for all the help do you think I can i expedite my asylum case interview because i want to go to collage, and I can’t apply for financial aid until thy approved my case thank you
You can try, but generally, this is probably not a very strong basis to expedite since other people have serious health issues or are separated from spouses and children. You can also put your name on the short list by contacting your local asylum office, and this might help (contact info can be found if you follow the link at right called Asylum Office Locator). Take care, Jason
Thanks a lot, Jason. I was looking forward to have this one.
Dear Sir,
I was planning to apply for asylum this month but my passport was stolen today, I can’t find it. what should I do now, I will report to the police but is there any problem to submit my asylum case without my passport I don’t even have copy of my passport. I just have the i94
You can submit it anyway. Maybe also submit the I-94 and the police report showing it was stolen. Take care, Jason
Hi Jason, Thanks for your one more valuable article!I believe many of us would like to see you write something about what may change in terms of asylum law and asylee rights if Trump wins the presidency in the coming November.
Ugh – Who knows what will happen. I did write a piece about the Republican party platform a few weeks or months ago, and I touched on this issue. Let’s hope I never have to write that article. Take care, Jason
Hi Jason,
I applied for ASYLUM on October 2015 and interviewed on Feb 2016. Also I applied for TPS as it will not effect my asylum case.
Now I received this letter from asylum office and do not know what it means?
“Our records indicate that you have more than one case pending with USCIS. These cases are being processed by two different offices. Because you only have one immigration file, this means that one case must wait while the other case is processed first.
Your inquiry is regarding your form I-821 that is pending with the Vermont service center. That case is currently not being processed because your file is at this office for processing of your form I-589. Once we have completed all action on this case, we will return your file to the Vermont service center to continue processing on your form I-821.”
Hi Arafa,
If you do not mind me asking, which assylum office were you interviewed in?
Chicago, but I wrote an expedite letter.
What is the reason for expedite letter?
Greetings,
You can read Jason article
http://www.asylumist.com/2015/02/26/my-asylum-case-is-delayed-what-can-i-do/
Health problems and separation from family, especially when the family member has a health issue or is in danger are two main reasons, but you can ask to expedite for any reason. Unless you have a good reason, though, it is not likely to work. Take care, Jason
Can you please give us more information about expedite letter you wrote? How did it work, how did they react to your letter? What kind of documentation did you provide for them?
I have not seen that before, but it sounds like your TPS case is delayed due to the asylum case – strange. It is probably irrelevant, since you have your EAD already (I hope you have it, anyway). I suppose if you prefer TPS to asylum, you might consider withdrawing your asylum case, but I would talk to a lawyer before I tried anything like that. Take care, Jason
I sent withdraw for my TPS application.
“TPS does not affect an application for asylum or any other immigration benefit and vice versa”
https://www.uscis.gov/humanitarian/temporary-protected-status
By the way Jason:
Why they mean that my asylum case is on Vermont service center? What I understand from Chicago notice that I am under background check.
This is what I got from Chicago Office one month ago:
“we are waiting the results of mandatory, confidential investigation of your identity and background. There is no need to contact our office. You will be notified as soon as this investigation is complete. You may be contacted to submit another set of fingerprints for this investigation.”
I doubt your asylum case is at the Vermont Service Center. Cases are filed there, but then they are sent to the local office. I do not know why a case would be returned there. As for the security check, that is a very common reason for delay. It could take days, weeks, months or years to get a decision, but hopefully, it will be soon. Good luck, Jason
TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status
USCIS cannot render a final decision on the basis of a temporary or work file. In order to issue a decision the adjudicator must have the actual A-file. In this case it appears the asylum office has the physical file so issuance of a decision on the TPS application will have to wait till asylum is done with the file and transfers it out
Thank you. I have seen them move files around, so maybe the asylum office will send it wherever it needs to go. Or not. Take care, Jason
Thank you Jason for what you are doing.
I have a question: I have been waiting for interview for more than two years since August 2014. Meanwhile, fortunately my wife applied for F2 (my F1 was not expired at that time) and joined me. She was included in my application and now we will have our baby very soon. Do you have any idea about what the status of this baby will be. And how could this situation affect (positive/negative) my application?
Thank you
A child born in the US is a US citizen (unless the parents are diplomats). Generally, this will not affect an asylum case, but under some conditions, it might (for example, if the child is a girl and you fear female genital mutilation). Take care, Jason
Hi Jason,
My wife was pregnant when we were applying for asylum six months ago. Now she has given birth to a baby during our pending asylum case. My question is should we include her in our asylum case? Can we ask for expedition through her? If can then what form should we submit at the asylum office? Many thanks for your kind help.
If the baby is a US citizen, she does not need to be included in your case. If the baby has health problems, maybe that would be a basis for you to expedite, but otherwise, I do not see why they would expedite a case because of a USC child. Take care, Jason
Thanks Jason for the quick response. I forgot to mention that we also have an another one and half year baby separated from us and my wife is under going a great postpartum depressions at the moment. Do you think would that be a basis for expedition of our case?
Separated family members and health issues (depression) can be good reasons to expedite. Take care, Jason
Dear Mr. Jason,
I come to the US under visa F-1 from Vietnam, i have a wife and she’s still in VN. i’d like to ask you, if i apply for Religion Asylum, how long does it take for the interview? I filed the I-589 form included my wife’s information, so if i could be granted Asylum, can my wife come here?
Is there any chance for my case?
thank you.
I cannot evaluate the strength of your case, but people do win asylum from Vietnam. To get an idea about how long the case will take, check the Asylum Office Scheduling Bulletin – a link is at right. Unfortunately, the system is very slow, and the wait can be years. If you win, you can petition for your wife. That is not so long (usually). It can normally take 4 to 8 months after the asylum case is done. Take care, Jason
Thank you Jason,
So, when i win asylum, i can apply for my wife and she could come to US automatically within 4-8 months as your mention?
One more question, can i travel back there in a short time with permission of Uscis without greencard (i mean after granted Asylum)
Your wife should be able to come here after you file the I-730 (assuming you win asylum). If you travel back to your country, you do risk losing your status, so it is better not to do that, if possible. Take care, Jason
Thank you.
I have few more questions
1. I and my wife planning to do a interview for her come here under travel visa, in the meantime we are doing asylum. Is that cause any effect to our asylum process? Because I filled my wife’s information in I-589 form.
2. After do biometric, I’ll move to another state, will my case transfer to another asylum office?
Thank you.
1 – If she is trying to get a visitor visa and you are in the US and have applied for asylum, it can be more difficult for her to get a visa (I wrote an article about this on April 18, 2014); 2 – Enter your old and new zip codes into the Asylum Office Locator (a link is at right) and it will tell you if your case will move to a new asylum office. Take care, Jason
Hi Jason, I’m looking forward to hearing your recommendations.
Hmm – for some reason your comment did not come up in my feed. Anyway, I did not understand your first question. As for the second question, if you move, you are required to file a change of address with the asylum office (form AR-11, available at http://www.uscis.gov). That could cause your case to be moved to a different asylum office. You can check on the website Asylum Office Locator – a link is at the right.
Hi Jason, thanks for the information provided here.
May I ask a question, if one petition for spouse and children abroad, is the process and procedures for interviews the same or it differs. Are their interview as asylum seekers different from other visa categories ? Did the embassy interview such people through the window in an open place or close door like the asylum officer do here ?
Thank you.
I do not know the logistics of the interview. If there is a confidentiality issue, you may want to inform the embassy beforehand, and maybe they can accommodate the person. Take care, Jason
Thank you so much for what you are doing. we hope that things go more faster after these elections .
I hope so, and I hope we do not go off a cliff in this election. We shall see. Take care, Jason
That interrogation chamber though… I feel like it will look like that in my eyes for whatever time I will be there.
Thanks for all the information you’re providing. I find your posts kind of soothing as it’s good to see that I’m not alone in this. I’ve been waiting for a little over 2 years and given the New Jersey asylum office’s speed, I have another year or so, so please keep up the posts! Peace.
Resally , New jersey asylum office has a huge backlog and unfortunatelly we have to wait for long time in order to be interviewed.
Yeah unfortunately, but what can we do? I’m hoping they will skip or go through a few months fast (like February/march…)
Sorry about the interrogation chamber. In fact, most officers are quite nice and very respectful. Take care, Jason
Jason,
Perfect timing for this article! Finally my interview is coming up in two week after waiting for 2.5 years. Stupid question: I can’t find my passport but I have copies. Can I bring a copy along with other ID forms such as driving license, and EAD card?!
Second question: I have extra details and more stories highlighting persecution I was exposed to in my original country were not mentioned in my statement, should I mention in the interview? Can I write them down and update my application?
Third question: you talked in your article about submitting the required documents and evidence in advance one week ahead. The interview notice didn’t mention anything about submitting anything ahead. I understand it varies among different offices but what documents should I submit (San Francisco Office)?
Last question: when should I arrive ahead of time for check-in if my interview is scheduled at 8:00 AM?!
Thank you
Ragy
Thank you. You should bring copies and other IDs, but this may be an issue at the interview, so do your best to find the passport. It is best to provide additional info or evidence before the interview (in our office, the rule is to submit that 1 week before, but different offices may have different rules) – they do not do a great job publicizing the rules, but you are expected to know them nonetheless. I suppose you can try contacting the office to ask their rules; maybe they will actually respond to you. If not, submit additional info as soon as possible (in person is best). I recommend you arrive at least 20 minutes early, or maybe go there the day before so you know where the place is and you do not get lost. Good luck on the interview, Jason
Good roundup, Jason. I’ll pitch in three cents about translators.
One question that drives me crazy is, why doesn’t the Asylum Office simply provide translators instead of making the poor applicant get one? They have to pay the translation monitor anyway, so they can’t be saving any substantial amount of money. If the applicant is willing, why not just have the monitors do the translation themselves?
Also, there isn’t always a translation monitor available, if the applicant’s language is very obscure, and especially if it isn’t the official language of any country, like Basque, Uyghur, or Bhojpuri. If that happens, it may suddenly become important what you wrote in I-589 page 1, box 24 for “What other languages do you speak fluently?” They may try to make you do the interview in one of the languages you put there. So make damn sure you really are fluent, and that you’ve *retained* that fluency during the years you’ve been waiting for your interview. If you insist on using the language of the interpreter you brought, even if they can’t get a translation monitor for that language, they will usually acquiesce – I’ve seen it happen – but there’s no guarantee; I would not be surprised if someone has had a case rescheduled or maybe even referred for refusing to interview in a box 24 language.
It’s also best to keep your eyes on the officer, not the translator, and always address your answers or requests for clarification to the officer. Officers hate side conversations between translators and applicants, and may see them as signs of lack of credibility, especially if they’re lengthy and repeated.
If your English is pretty good and you’re in doubt whether to use a translator, I suspect it’s better to go without one, even if you feel more comfortable in your native language. I’ve been lucky enough never to have a client lose an affirmative interview yet, but I’ve read gobs of BIA and circuit reviews of asylum cases denied on credibility grounds, and I am pretty sure many of those were the results of translator error. Sometimes I’m practicing with a translator, and what the translator says differs from what the client said in the statement; I remind the client of what he said in the statement, and the translator suddenly apologizes and admits that the mistake was in his translation, not in what the client said. Very often, the kind of error or mistake the translator made is much like the sort of discrepancy that was labeled as grounds for lack of credibility in the published cases. For this reason, if you have to use a translator, I like to have that same translator come to at least one of the practice interviews.
Thank you – That is helpful and the subject deserves a post of its own. I am a bit more dubious about not using a translator when the applicant’s English is so-so. My experience is that English level goes down a few notches at the interview (where the applicant is stressed and the officers often do not slow down their speaking). But I do agree that – if possible – it is better to do the interview (or court case) in English, as it avoids the problems you mention. Thank you for the comment, Jason
dear sir,
I need your advice please,
I received a fingerprint notice schedule by Aug 14 till Aug 28 , but I just received the notice LATTER today Sep 8 ,2016 by mail officer.
They send it to my old address , but all the mail’s I received from USCIS ABOUT MORE THAN two years ago come to my correct address , only this notice later ,PLEASE ADVISE ME WHAT SHOULD I DO ?
Go to the appointment late. This is pretty common and you should not have a problem. Take care, Jason
Thank you so much
I got a job today ,and when the job contact with social security department and the social siad that social. Number dose not match , do you think so because I didn’t be in on time with the fingerprints appointment can you please advise
I doubt it is related to fingerprints. If you have an EAD and a SS card, you should be fine. Maybe check with the SS office to make sure there is no error. Take care, Jason
Thank you
I already went to SS and they need to verify my SS within 4week maximum i will receive there answer
Best regards
Thank you for always helping us by sharing good information about asylum process and rules. I have a question, I got my affirmative asylum decision in January 2016, and my travel document a month ago. I am plannign to visit a friend in Europe for only a week, but I am worried that if I leave U.S for even that short period, it my cause my waiting clock (of one year to be eligible to apply for green card) might get restarted, as I have already waited 9 months. I will appreciate your response!
A short trip to Europe using the refugee travel document should not affect eligibility for your green card. Bon voyage, Jason
Thank you Jason for letting us know this important information for free. Such free services to the needy people is a lot. It is appreciated.
Keep it up!
No worries – Thank you, Jason