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,
I am an immigrant visa holder ( asylee i-730 petition) I got my visa in early march but due to the flight ban in my country I couldn’t travel. Now that flights have resumed, I wanna travel immediately before my visa expires but i dont know if I am affected by Trump’s immigration ban. Please update me. Many thanks.
And if my visa expires I didn’t travel due to the pandemic, what can I do?
The I-730 should not be affected. However, you should check with the airline just to be sure there are no pandemic-related issues to coming to the US now. Take care, Jason
Hi Jason,
Thanks in advance. I am an immigrant visa holder ( asylee i-730 petition) I got my visa late February, but due to the flight ban in my country I couldn’t travel till now. Now that flights will resume by the end of this month I wanna travel immediately before my visa expires , but I’m wondering if I’m not affected by Trump’s 60 days immigration ban
Please advice
As far as I know, the ban does not affect I-730 people. Maybe you can check with the airline to be more certain (they pay a penalty if they bring someone to the US who is not permitted to come here, and so hopefully they know), but I think you can travel here. Take care, Jason
Hi Jason,
Please just a few questions.
I was granted my immigrant VISA ( follow to join) and given my passport the same day borders were closed and flights grounded in my country due to the COVID 19 virus. I have only 4 months left to the expiration of the VISA. My fear is May the Lord forbid if my VISA expires before restrictions are lifted or flight to the USA from my country resumes, will the consulate renew or extend it?
Also, I’ve just had that the president wants to sign another to temporarily ban immigration to the USA.
IS THAT GOING TO AFFECT ME. Let say if I happens to get a flight to USA in the next 2 weeks?
Please advice what to do
Many thanks
We are still waiting to see who is covered by the President’s order; we do not yet know. As for the visa, I do not know about that, but I suspect if you are unable to travel due to the current crisis, you will be able to get a new visa to travel later. Currently, I think most embassies are closed, but if you Google the embassy, you can find their email address and ask them. Take care, Jason
Jason,
Do we now know who are covered in this immigration ban. Are immigrant VISA holders like me included or I’m I allow to travel. Please advice
We should know later today. Stay tuned. Take care, Jason
Ok. Awaiting your update and many thanks
Hi,
Please, is it now clear who are affected? Am I affected with this immigration ban as a follow to join immigrant visa holder waiting for a flight to the USA?
What can be done? Please advice.
I post about the ban earlier today. If you are following to join based on asylum, I think you are not affected, but that is not completely clear to me. If you already have the travel document, I think you can probably travel, but you might want to check with the airline to see if they agree. Take care, Jason
Yes, I’ve already got my documents. My hesitation is whether I would be allow in the USA upon arrival
These days, that is understandable. If you are not planning to travel soon, you can wait to see how the Executive Order is actually implemented, and then you can make a more informed decision about whether it is safe to travel. Take care, Jason
Hi Jason,
This is Allen again. Still wondering if I can travel to the USA due to this ban. I’m planning my trip in 2 weeks time. As I told you, I’m a follow to join and got all my documents 2 days to the halting of airlines in my country.
Please advice if I’m affected
My understanding is that if you have an approved I-730, you are not affected by the ban, but I am not sure. I have seen no further guidance beyond the EO (which does not indicating that I-730 beneficiaries are affected), and have not heard any reports from other lawyers. You might try checking with the airline. I do not know if that is possible, but if they think you are not eligible to enter the US, they probably will not allow you to board the plane in the first place. If you make the trip, let us know what happens, as that will help others, but my guess is that you should be able to do it. Take care, Jason
Hi Jason,
This is Allen again. Still wondering if I can travel to the USA due to this ban. I’m planning my trip in 2 weeks time. As I told you, I’m a follow to join and got all my documents 2 days to the halting of airlines in my country.
Please advice if I’m affected
My understanding is that if you have an approved I-730, you are not affected by the ban, but I am not sure. I have seen no further guidance beyond the EO (which does not indicating that I-730 beneficiaries are affected), and have not heard any reports from other lawyers. You might try checking with the airline. I do not know if that is possible, but if they think you are not eligible to enter the US, they probably will not allow you to board the plane in the first place. If you make the trip, let us know what happens, as that will help others, but my guess is that you should be able to do it. Take care, Jason
Hi Jason,
After doing the medical for an immigrant VISA,
Does any medical issues deter or affect the issuance of the VISA and the travelling to the USA?
What can be the solution to such issues?
What are the most deterring medical issues that can’t be permissible?
Thanks
I think the most common problem is TB. If you have that, I think you need to show that you are receiving treatment and file a waiver. I do not know what other medical issues would be a problem for immigration purposes. Take care, Jason
I was asked to do syphilis, TB and Gonorrhea test.
And my interview is next week. Will having any of these affect the outcome of issuing the immigrant VISA?
I do not know, but for the TB, I think if you test positive, you need to show that you are undergoing treatment. However, I have not dealt with that issue and am not sure of the requirements. Take care, Jason
Hi Jason,
My husband has been scheduled interviewed at the end of this month. But today we received the mail from USCIS saying the interview is being cancelled. Because the interview I scheduled in error they will reschedule when officer resource permits. Is this situation happens normal?
I am afraid that is because of my pending asylum case that cause USCIS cancel the interview. I am currently have a pending asylum case and I included my husband in my case. I have never been interviews due to USCIS changing their policy. And my husband included me in his case also. Will USCIS combined our case? My case status changing from interview being scheduled to asylum in pending after they cancel my husband interview. Thank you so much
They normally would not combine the cases. I do not know why they cancelled the interview, but such cancellations are fairly common. You can contact the asylum office to inquire about the case if you do not get rescheduled in 30 days or so. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
My judge has, sua sponte, reset My hearing date without any prior notice to me. The hearing is set for about 3 years out, which is shocking and outrageous, however, my attorney told me it is what some of the judges are doing as the white house is pressing them to do the border cases on an expedited basis. I don’t know what should I do in this situation.
It is happening sometimes – of my 6 cases last month, 3 were rescheduled by the court. You can file a motion to advance the hearing and try to get a sooner date. I wrote about that on April 20, 2017. Take care, Jason
Hello Jason,
I hope you are well. Thank you for all your hard work and precious advice.
Could you please help with my case?
I applied for permanent residence in 2014 under derivative asylum status. I was told that my status was no longer valid and I had to apply for asylum and be granted asylum for my permanent residence application to be processed.
I submitted the asylum application in september 2014 and was granted asylum in April 2018 effective 12/17/2004 (which is also the effective date for my derivative asylum status).
I received my green card in April 2019, effective March 2018. I’m surprised at the effective begin date as I was told that the initial application date (2014) would be honored when my application gets approved.
When I first contacted USCIS call center they referred me back to the asylum office that processed my case (Arlington, VA). I reached out to them and they asked me to contact the Baltimore office as they do not process permanent resident applications. I’m not sure how to contact the Baltimore office because they are not accepting walk-in requests or scheduling Infopass appointements at this time.
I contacted USCIS call center back today and they are now telling me that the effective begin date of the green card should actually be April 2019 when I received it and they are asking me to submit the form I90 for correction request.
Do I have the right information regarding the retroactive begin date of my green card ? What would you recommend in this case ?
Thank you so much. I apologize for the lengthy email.
Stay blessed.
Annie
When a person gets a GC based on asylum, the card is back-dated one year. That is normal, and that is what happened to you. For this reason, it sounds to me like the person you spoke to (who told you to file an I-90) is wrong. Maybe there is some issue I do not know about here, and so if you are worried, you might talk to a lawyer to review your case. But I would do that before filing an I-90, as I doubt that is necessary. Otherwise, I think everything is correct – even though it took a long time to get asylum, you are not entitled to a back-dated green card (aside from the one year) and so I think that part is correct (even if it is very annoying). Take care, Jason
Jason,
Thank you so much for your reply.
Based on your explanation, I don’t think there’s need for a lawyer. I wish USCIS call center representatives (and supervisors) were more helpful 🙁
Have a great day. Stay blessed.
Annie
I had been forced to undergo sterilization surgery for tubal ligation in the past. Currently, I am collecting as much evidences as I can to support my case. I have heard that fallopian tube angiography is a strong evidence, I need a doctor to help me prove the fact that the fallopian tube is ligated. My English is not good, and I don’t know exactly which one to check to get evidence. Therefore, I hope you can explain it to me. Specially, what is the name of the examination? I really appreciate your time.
I do not know about that, but it certainly would help your case to get a letter from a doctor in the US to prove that you have had this surgery. A general practitioner doctor should be able to refer you to a specialist doctor who can write a letter. Also, you can contact the local Catholic Charities in your city (Google “Catholic Charities immigration” + the name of your city) and they can probably refer you to someone local. They are free and serve all immigrants. Take care, Jason
Hi Jason,
I have been following you for several years. My case is filed in December 2015. Recently, I started to expedite my case. My question is would I get a notification on my online account right after the interview notification letter sent out? If I do get a notification on online, so I can pick it up in time. I really appreciate your time.
Best,
Li
Different offices expedite in different ways, so they might call you. But most times, they send a written notice to you, and if they do that, you should get notified about that beforehand online. Take care, Jason
Dear Jason
What do you recommend for me?
I have asylum case.I have work permit.I have a business in Austin.
My twinbrother’s died yesterday.
I’d like to going to funeral in Europe.
What do you recommend for me?
Can I come back after funeral?
Have a nice day
Kate
I am sorry for your loss. Whether you can return to the US depends on your current visa. If you have a valid visa, you may be able to return, especially if it is an H!b or an L. If you have a B or F visa that is still valid, you may be able to return, but you can (and very possibly will) be blocked from returning, since people with those visas will not be admitted into the US if the government thinks you plan to stay here permanently – and the fact that you applied for asylum is strong evidence that you want to stay permanently. The better bet is to apply for Advance Parole – I wrote about that on September 11, 2017. Unfortunately, it has become more difficult to get since I wrote that article, but you can try to get it on an emergency basis. Try to make an Info Pass appointment with USCIS – a link is at right. You may have to call them to get ab appointment, and it may be impossible to get, but you can try. You can also try going in person and explaining the emergency (the Info Pass rules vary, depending on your office, and I do not know the rules in TX). If you can get Advance Parole, you can leave the US and return – it acts like a visa for people with a pending asylum case. All this assumes your case is at the asylum office. If it is in court, it is much more difficult to travel and return, if not impossible (because if you leave, you have deported yourself), and so talk to a lawyer about that possibility. Take care, Jason
Thank you for your answer
Kate
Today I receive a letter my inquiry i730 my case was transferred Queen field office for review how long take approve my i730
You can check the processing times at http://www.uscis.gov. These internal transfers do not seem to have much meaning, and so I am not sure why they even inform people about them. And I do not think they tell you much about the processing time. They do let you know that your case is still being processed, so I suppose that is a good thing. Take care, Jason
Thanks Hasan have a good day
Thanks Jason have a good day
Today I received my I-730 approval notice for my daughter backhome transfer to NVC how long take to NVC for schedule a interview my daughter
Usually, the NVC gets the case to the embassy pretty quickly. The wait time at the embassy is unpredictable. Most cases seem to be completed in 3 to 6 months. Take care, Jason
Hi Jason i apply i730 change my status I am directive applicant my wife file i730 December 12 2017 my case still in pending know my wife and my daughters have a green card every time I am asking they said in process I think they lost my file bcz this is a very long time so what can do
You might try contacting the USCIS Ombudsman – a link is right and they can sometimes help with a delayed case. If that fails, you might talk to a lawyer about a mandamus lawsuit, where you sue the government to force them to do their job (we wrote about that in a different contact on October 2, 2018). Take care, Jason
Thanks Jason have a good day
I am ready to submit my I-485 asylum base I am confuse where I am sending I live in New York Jason you know that where I am send .help me I check the direct filling address I can’t see any address base on asylum approve adjust thanks
I cannot give specific advice about forms. If you are sending the I-485 with an I-130, check the I-130 mailing addresses, as you might find it there. Take care, Jason
I submit i730 on 15 December 2017 still I can’t here any letter for uscis I don’t where is my case how long take approve i730 ?
You should have received a receipt. If not, maybe they never received it and you should file again. If they have it, you can check the processing time at http://www.uscis.gov. This seems a bit long of a wait, so you might want to call USCIS – you can find their number on their website. Take care, Jason
Hi my visa expires on 6th january 2019, i was planning to visit in november 2018 and staying there till feburary 2019. Kindly guide me if i travel as mentioned, will i be needing an extension of my visa? and what is the process involved. Or is there any other option that you recommend because i have an urgent piece of work that cannot be delyed. thank you
Sorry, I can only assist here with asylum. As long as the visa is valid, you should be able to enter, and the officer at the border should stamp your passport indicating how long you can stay. Take care, Jason
I had my interview in and I have been referred to court. Can you represent me here in Chicago..
Potentially, but it is usually better (and cheaper) to have a local lawyer who is familiar with the local court. If you want to contact me, my email is at right. Take care, Jason
Hie,
I applied for asylum in 2015 but had not received an interview date. My wife later followed me here in the States and we sent an application for her as well and she received an interview date this August. She is my dependent and the story is 95% centered on my torture. Will they interview both of us or just her since the story is more on myself not my wife. I submitted a complete story with true evidence on my torture.
You might want to contact the asylum office and see whether you can combine the two cases. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If the cases are not combined, the office normally interviews only the principal applicant (your wife) and gives a short interview to the dependent (you). But how they do the interview, is up to the officer, so you should prepare for the interview in case they talk to you about the substance of the case. Take care, Jason
We had already submitted a rescheduling asking for the two applications to be consolidated but the response came back saying my wife and the family members on the I589 application. We are however both prepared for the interview. Thank you.
Hi Jason,
Good Morning! I had an individual hearing at the court in 2017. I was asked to do the administrative closure and my case was administratively closed. The judge and my lawyer told me I can re-calendar at any time.
Now I am asking to reschedule the hearing and my lawyer said I need to do both master hearing and the individual hearing. It can take more than 2-3 years.
And my lawyer said DHS is putting back the administratively closed case to court calendar now. Could I know if it is possible to re-calendar by DHS without the consent of the asylum seeker? How long does it take to re-calendar by DHS? Should I wait to re-calendar by DHS?
Thank you
I do not know how long it will take DHS to re-calendar, or even if they will do it. I think it will depend on the particular DHS office and the resources they have available. You can do it yourself too – and you can try to expedite the Individual Hearing (maybe). I wrote about that on April 20, 2017. Take care, Jason
And also if I apply for B2 will the embassy have my father’s information regarding seeking asylum (even if no judgement has been given till then) . And will they question me regarding it?
They might have it, and they might question you about it. My guess is that they won’t, but it is possible – we have seen it before with spouses, but not with children. Take care, Jason
Okay thank you so much jason! One more thing is it absolutely necessary to provide my passport number on their application and why is it needed?
The form I-589 asks for it. In some cases, we do not know it, and we just write “unknown”. That has never caused us a problem before. Take care, Jason
Hey I’m a 30yr old, married guy my father is planning to apply for political asylum in USA. The application requires a copy of my passport along with my siblings. What do you think whether I should provide them a copy or not? Because I don’t want it to negatively effect me in the future
And Do you think my father’s political asylum will have any adverse effect on me or my family (my wife and son) in respect to getting a visiting visa the next time I apply(I previously had B2 visa and also visited USA twice)
Thanking you in anticipation.
I do not know why the application requires a copy of your passport. We normally would only submit that if you wrote a witness letter (we try to always submit an ID with each witness letter). You might double check why he needs that (though on pages 2 and 3, the form asks for your passport number, though not a copy of the passport). As for whether his application could affect you, it might, though usually the effect is less for children who are over 21 and thus ineligible to join a parent’s application. Nevertheless, whenever a close relative applies for asylum, it may make it harder for you to get a visa. Take care, Jason
Hello Jason,
I just stumbled upon your site today.
I am applying for asylum based on rape and domestic violence from my refusal to undergo Female genital cutting.my interview is this Monday and I have been really worried since I don’t have any physical evidence supporting my claims of the abuse which was more of emotional and verbal, and in my country rape is viewed with a lot of stigmatisation so I didn’t bother reporting to any security because theres no law against it.
with the recent laws from the judge saying rape victims won’t be considered ,am wondering if my case will be successful.
You can still succeed on a case such as this, but more evidence makes it easier to succeed, and what evidence you need will depend on the case. The new case about domestic violence really does not directly apply to FGM/C cases, but you do need to show that the government is unable and unwilling to protect you, and that there is no where within your country that you can relocate. Good luck with the interview, Jason
Hi Jason
I was fingerprinted a year ago.
I submitted the EAD applications on 9th december 2017.Since then there is no answer.My receipt number doesn’t work.
What I do?Please help me.Can you ask my case?
Kate
Something is obviously wrong. You can try calling USCIS or going in person using an Info Pass appointment (a link is at right). It may well be that you just have to file a new application for EAD, though. Take care, Jason
Thank you Jason
On June 25, I again submitted the application to the EAD cards. Do I have to wait 150 days again?
If you are eligible for the EAD, there is no waiting period – you just have to wait for USCIS to process the case and send the card. That usually takes between 1 and 4 months. Take care, Jason
hello, i need your advice, my wife came into the state more than a year ago due to some political problem, after staying for 3months, she applied to change her status from b1 to f1, i entered into the state one year plus after my wife and file for asylum,my wife was added as my dependant, my interview is in few weeks, will my wife status affect the officer decision, the decision about the change came out after i apply for asylum and it was decline
I am not sure I understand the question, but normally the status of a dependent should have no effect on the principal applicant’s asylum case. Take care, Jason
Hi Jason,
I applied for asylum back in 2014. I got injured and harmed in my home country (which I have prove documents) because I had sexual contacts with men. I truly thought I was gay until this year when I met a girl, and we are truly in love now and she is aware of my situation. I have not been interviewed yet but maybe soon I will. I am wondering if we get married, will that effect us? Do you think USCIS will think that I lied to them? I am truly not lying.
They may think you are lying, so you should be prepared to explain what happened. I do think this can be explained, and I do not think your situation is particularly unique – many people do the same thing. So if you are eligible to get a GC based on marriage, you could do that, but you should be ready to explain what happened, and certainly keep all the evidence from your asylum case so you will have it if needed. By the way, it is unlikely under the LIFO system that you will be interviewed any time soon. I wrote about that on February 28, 2018. Take care, Jason
Yesterday I got a mail from USCIS, quote( USCSI has received your form and currently processing your application. This notice is to inform you that USCIS is able to reuse your previously captured fingerprint and security checks. USCIS is continuing to process your application and will contact you in writing for any additional info.
Does this kind of informing me that they are processing my application and possibly give me a date for an interview soon?
They are processing the case. Whether you will get an interview sooner or not is unclear, but it could mean that. Hopefully. Take care, Jason
No offence but you sound to me like you are just trying to cut through the asylum delay by marrying a US citizen to obtain your papers. Your pending asylum case and proposed marriage to a US citizen are two clashing issues especially if you claimed that you are gay, not bi, on your asylum case and you can expect to have a tough time convincing USCIS that you are now ‘suddenly bi’. Even if you wanted to get married to a US citizen to cut through the delay, why not consider a same-sex spouse instead? You can expect your marriage-based interview to go way more smoothly that way than with a female. Marriage-based green card interviews sometimes do not go smoothly and the decision could take sometime as well if the officer isn’t very well convinced that the marriage is in good faith or it could possibly be denied. M
First let me ask you a question!! are you an immigration attorney?
We genuinely love each other!! I never thought I will be with a women, but I am happy now, and that’s what matters the most to me.
I think this is something that you will need to explain to USCIS (with evidence, such as letters from people who know you). I do not think you will be blocked, but it may not be easy to explain to them, since they are very suspicious of all applicants. However, if you explain, you should be able to get this case approved. Take care, Jason
GOOD MORNING SIR, I APPLY FOR ASYLUM MARCH 2016 AND UP TILL NOW I HAVENT GETTING ANY UPDATES ON MY INTERVIEW, A FRIEND OF MINE WHO FILE IN YEAR IS JUST BEEN SCHDULE FOR INTERVIEW THIS JUNE, NOW I HAVE NO IEDA WHAT IS HAPPENING TO MY CASE. I’M A MOM WITH 2KIDS HERE HUSBAND IS BACK HOME, IS IT OF ANY SOUND OF GOOD THING ON MY CASE I’M WORRY.
I wrote about this on February 28, 2018. They are now interviewing new cases before old cases. You might try to expedite your case – I wrote about that on March 30, 2017. Take care, Jason
Hello Jason, fantastic Job you are doing here. so i applied for my asylum in april 2018, i got my acknowledgment 2 weeks after and my biometrics letter a week after I got my acknowleddment. I just got a letter to interview today that i did my biometrics which is about 10 days after. My interview is for the arlington office. i have heard that some cases that are super fast can be denied as well. I am filing on the basis of fear for my daughter a US citizen who is to be circumcised and converted to an occultic traditional religion (voodoo) in her fathers family. she is 18months. i filed all the threats we recieved from her perternal grandmother and
The speed of the case is not related to whether it will be granted or denied. Whether the case is strong or not, I cannot really tell from your post. It depends in part on whether the government will protect you, or you can safely relocate within your country. Good luck, Jason
Hi Jason,
I apply for Aslyam in 2016 in Chicago and my case was expedite in 2017 due to several letters and the conditions of my son and I had my interview in November 28th 2017 and I the ask me to wait for the dicieion by mail. I haven’t received it till now and it about six months. My case is a political issue in my home country Cameroon and the condition in my country is becoming waste very day. Killing and burning houses by the military of president Pual Biya in power for 37years. Last two weeks I send a letter, pictures and videos of what is happening presently in my country and yet no reply and my family are living in hiding. What advice can you give me sir. Thank you so much for your time and the helpful information you’re given as. God blessed you and your family.
You can contact them by email (that is better than mail) or go in-persons to ask. You can find their contact info and office hours if you follow the link at right called Asylum Office Locator. If that is not working, you can try inquiring with the USCIS Ombudsman – a link is at right. Maybe a Congress person’s office could try to help too, though I think they usually are not effective. Finally, if nothing works, talk to a lawyer about a mandamus lawsuit. Take care, Jason
I contacted them by email the warn me not to send them email for security reasons. That’s why I mail them a letter. I also contacted the Senator’s office and the promise me that the will contact the asylum office and get back to me within 30 to 60 days, it has been more than 90days now no information from them . Can I go there in person. Is this a good idea to go there by my self? Thanks
You can go in person. You can find their contact info/office hours if you follow the link at right called Asylum Office Locator. I am not sure why they do not like email – I email them sometimes, but maybe they are just trying to make life more difficult – they are doing that in many areas of immigration. Take care, Jason
Sir, thanks so much and God blessed you for your good job .
Hello Jason, I was to appear at an immigration court for removal proceedings in respect to my asylum claim but i already left the US to claim asylum in another country. I paid a lawyer to represent me and withdraw the asylum request but i guess the lawyer didn’t show up in court so i am presently being placed on removal order. Please advice me on what to do and how it can affect my asylum in the new country i am. I still have a few days to appeal. Thanks for always helping out.
If a person does not appear in court, she will be ordered deported. I suppose you could try to appeal and argue that you should receive “voluntary departure” instead, but I think this is unlikely to work and it may not be worth the trouble (and expense). If you have no interest in returning the US, it is probably not worth it, but if you want to return some day, maybe you want to try. How a deport order from the US would affect an asylum case in another country, I do not know. You would need to talk to a lawyer in the new country. Take care, Jason
Hello, My name is Debela. I am from Ethiopia. I was detained and tortured by Ethiopian government because of my ethnicity, political opinion and the fact that I was working for the US Embassy in Ethiopia. Since part of my prosecution was work related, the US Embassy got involved and got me released form the detention center. I have applied for sylum and wting to have my interview in Chicago. I have got my SSN and work permit. I have a lot of documents from the Embassy about my detention and my situation. However, it looks like things are becoming stable back in my country at this time even though the party prosecuted me is still in power. Does this affect my case? How strong will be your case when the US embassy and USCIS got involved in your case for your release from the detention center? Thanks!
Unless country conditions in Ethiopia change (probably meaning that there is a new, better government), your case should not be affected. If you were persecuted in the past, you should receive asylum in the US. If you have letters or other info from US embassy employees (especially US citizens), this should make your case very strong. We have done a number of cases where the person worked for a US embassy, and as far as I remember, all such cases were granted. Take care, Jason
Thank you so much Jason!
Thank U so much for a wonderful article.pls my interview has been scheduled on fam for my daughter what re likely questions
The article above discusses some possible questions, but it depends on the case. Besides the basis for asylum, they often ask about travel and visa applications to the US. You could talk to a lawyer to go over the case and try to anticipate what questions may be asked. Good luck, Jason
Hey Jason, I had a question: I made 2 claims on my asylum application. I hired an attorney long time ago; just recently, a pro bono attorney offered to also take my case. Given that I have 2 claims, I was wondering: Do you think it’s—generally—a good idea to have 2 attorneys or is one enough? Do asylum offices even allow 2 attorneys for one client? Thank you in advance!
You can have as many attorney as you want, but I think more than one is probably a bad idea. Most attorney (including me) are very reluctant to work with a client who has another attorney, especially if we do not know the other lawyer. If they are happy to work together, maybe they Canby coordinate their efforts or brainstorm, but ultimately, one of them will probably need to prepare the case and attend the interview with you. See if they are interested in working with each other on the case. Take care, Jason
Hi Jason,
I have a question. Can I re-apply for asylum while my case is still pending? I applied back in April 2016. However, I didn’t receive interview date yet.
Thank You
I do not know anyone who has tried that, and I doubt it would work. You can contact the asylum office and ask them about it. You can find their contact info if you follow the link at right called Asylum Office Locator. Be aware that if you try it, the procedure for filing a second case is different from a first case – check the I-589 instructions. If you try it, let us know what happens. Thank you, Jason
Hi Jason,
Thanks a lot for helpful explanation previously.
If the case referred to court, would I still be able to apply and obtain work authorization documents?
Also, I am thinking to reschedule the interview. What do you think about that?
If you reschedule the interview, it will be delayed for a few weeks. During that time, the “asylum clock” will stop, which will delay the date when you can file for a work permit. Once you attend the interview, the clock should re-start. If the case is referred to court, the clock keeps going (unless you cause a delay in the case, which stops the clock) and you can apply for your work permit after the 150 days have passed. Take care, Jason
Hi Jason,
I’ve submitted my asylum application in December and gave with my family (wife and kids) our biometrics after 2 weeks. We came to the US as a sponsored student in 2015 and after two years the things went bad to my parents and siblings because I was accused by a government militia as a cooperative individual to USA. So my application is after 3 years of arriving to the US.
I have lots of evidences about the prosecution to my family which I already submitted.
Is the three years can be a major concern for my case?
Also, is this expedited interview (only 5 months after the application) can be a sign for a denial? Also I did not get the chance to apply for work authorization documents yet?
BTW, my interview is scheduled in a week from now.
Thanks,
Since you did not file within one year of arriving, you have to meet an exception to the rule. If you were here lawfully the whole time (maybe on an F-1 visa) that should count as an exception to the rule. Also, if country conditions changed, which is seems they did, you should also meet an exception to the rule (assuming you filed soon after the change). I wrote about this on January 18, 2018. The expedited interview is probably just related to the new policy, which I wrote about on February 1, 2018, and has nothing to do with your case. Take care, Jason
Hi Alid,
Good luck on your interview. Do you mind sharing what office will you be interviewing at?
Thanks
Hi Jason, I appeared before the customer and boarder service and was granted one year to stay in the country after few months I receive a notice to come for fear interview but I had one at the port of entry with the officer each and every time I went to interview the was no officer to interview me so they have to reschedule the appointment so I decided to have a lawyer and before the one year end I applied for asylum and receive the notice of application the notice say you can remain in the country while your case still pending, and I was still going to appear for the credible fear interview it took almost 2 years then they decided to transfer it to IJ (immigration judge) for master hearing and I already the date to appear before the judge so Jason my question is what will happen because I already applied for asylum and have the authorisation to work? The judge will take the final decision on my asylum application or what? please Jason explain. Thanks
If the case is with the judge, normally the asylum office no longer has jurisdiction and you have to do the case with the judge (who will give you a decision). I wrote about the court process on March 7, 2018 – maybe that would help. Take care, Jason
Hi Jason. Thak you for the good job you do here.
I’m from Russia and I have a pending asylum application. My elder sister won asylum 5 years ago based on her sexual orientation (lesbian). I’m a lesbian too. My interview comes up in a few weeks. My elder sister pointed out to me that the introductory part of my personal story has a few similarities to hers (because I used hers as a guide to write mine but the few similarities are in the family background section, because we are from the same family – family of 5 girls, asides the family bacgrounf the rest of my story is entirely different from my sister’s) and that it is a possible problem for me. Now my interview comes up soon and i’m worried that this could be a problem for me. Please is this true? Will the asylum officer compare my file with my sister’s?
Normally, in the beginning of the interview, the officer will ask how you prepared your case. Maybe you can say that your sister helped you and that you used some of her materials. It is better to tell them this than to have them discover that the two cases are similar and then ask you about it. You might also get a letter from her stating that she helped you prepare the case – this would explain the similarities. Also, if your sister won asylum, it is helpful to your case, so you should give them evidence about her case. Take care, Jason
Hi Jason,
Could you please give me some advice on what to expect from my upcoming interview?
I moved to the States in 2012 under the derivative asylee status. I filed for permanent residence in 2014 and was made aware of the fact that my status wasn’t valid anymore because my mother, whom I was derivative from, was no longer asylee but already citizen and that I had to file a separate asylum application first. Which I did and after almost 4 years I’m finally scheduled for the interview. I was also informed that the outcome of the asylum application will determine everything else.
Thank you so much for your assistance.
Annie
This may be a “nunc pro tunc” interview, in which case, it is very basic and they will grant you asylum based on the fact that you were a derivative of your mother. However, I cannot tell from your message whether that is the case, and I recommend you talk to a lawyer to make sure you a prepared for whatever type of interview you have. Take care, Jason
Hello Jason ! I first want to thank you for your great job and the precious help you provide here.
I had my interview and was granted asylum. As you had indicated the interview was basic and mainly to verify my identity and update my information.
I would like to know if I have to submit a new application for permanent residence or will the initial application still be relevant in order to proceed with the processing ? What will I have to do next ?
Thank you very much.
Annie
USCIS should continue processing the I-485. You might check your I-485 receipt number at http://www.uscis.gov to see whether it is still pending, or you can call USCIS (the phone number is on the website). As long as it is still pending, you should be ok. Take care, Jason
Hi jason
My case has been referred to judges, I am going to move to another state , which immigration court will be better for me , base on time and grants rate? Thank you for help
You can Google “TRAC Immigration” and that website will give you some idea, but for the most part, if you have a good case, you should have a good chance to win, regardless of where the case is located (though there are some exceptions to this rule). Take care, Jason
I have an asylum interview coming up I want to know if my husband and child will be questioned also. Thanks so much
If they are dependents on your case, they will be questioned. Usually, it is just the “bar” questions (Are you a terrorist? Are you a criminal? Etc.), but they can ask substantive questions about the asylum case, and sometimes they do, so your family members should be prepared. Take care, Jason
Thank you for a prompt reply Jason. If i could ask you one more thing, will my parent’s asylum effect my spouse and children as well? My wife is a doctor and was planning to apply for B2 and later a H1 visa. Could you please shed some light
on their chances of getting a visa.
I don’t really know, but since they are a few degrees removed from your parents, hopefully, the asylum case will not have an effect. Take care, Jason
Hey i am 30 years of age, me and my parents went together for B2 visa in 2015 which was approved later i travelled to states in 2016 with my wife who already had a valid B2 visa and came back while my parents visited in 2017 and are now planning to seek asylum. I wanted to know if it will effect my chances of getting US visa again.
It could affect you. If you were under 21 years old, it would be more likely to have a negative affect, but even if you are over 21, your parents’ asylum case may make it more difficult to get certain types of visas (such as the B) in the future. Take care, Jason
Hello,
I need your advice. I sent my application for asylum on the 12th January through USPS 2 days priority mail and i clocked a year in the US on 19th January. The receipt sent to me states that as of 23rd January my asylum application is pending. I have done my bio metrics and also gotten a date for interview. I just want to know, if by chance the application was received after my 1 year due date, can they still process it and schedule me for interview? And if yes, in what way can this affect my interview. Please note, i could not track the actual delivery time through the USPS website.
If you have proof about the date you mailed the application, and if that is prior to one year, you should be fine. If you do not have proof, you can file a Freedom of Information Act request to get a copy of your whole file. Usually, this contains info about when your application was received. You can use a form G-639, available at http://www.uscis.gov, to get the file. Take care, Jason
Hello Jason
I had an interview with asylum officer. Before an interview started he told me decision will not be made today. The interview was just for 35 minutes. Once interview done he asked me he needs to make copies of my passport and he said decision will be mailed out.
What does it mean mailed out decisions are good or not
Paji when did you apply and which office ?
I do not take that as a good or bad sign. Your interview was very short, though, and that seems a bit unusual. Did you file for asylum after one year in the US? That can be a basis to deny and they sometimes do not give a full interview in a case like that. Take care, Jason
Hello Jason,
Hope you are fine, I want to share my experience with you and get your opinion, I got my asylum interview almost 4 weeks ago, everything was fine during the initial interview, at the end I got a return to pick up your decision letter in two weeks… I returned two weeks after to Miami asylum office to pick up my decision, surprise when the same officer who interviewed me came to me and apology because they did not call me to inform that my decision was not ready and also that was suggested by his supervisor (I guess) to ask some more questions so I got like a 2nd short interview and was asked around 15 more questions that were not asked during the 1st interview like more on detail in 3 specific dates, everything was well responded and at the end I got a (mail out notice), the officer very gently told me that I should get my answer in two weeks. I am in the 2nd week and still waiting but is ok I`ve been waiting for almost 5 years… Please let me know your opinion, is that normal to have like a 2nd part of questions? I will be in peace when I know they will give me the protection I need. Thank you.
The situation you describe seems to be more common now than it was in the past, so I think it is nothing too surprising. I will say that the officers often give you a time frame that turns out to be wrong. It would be far better if they said nothing about when to expect a decision. Hopefully, you will get it soon, but the officer’s statement about two weeks may not be accurate and so you have to remain patent. The good news is that it sounds like your interview went well, so hopefully, the result will be positive. Good luck, Jason
Hi Jason,
In my country it is hard to find police records. They are not letting people complaint when the cases are related to a government issue. What should I do if the AO asks me for it? Can I just get people’s letters saying what happened to me? Also, over there is not like here that you can notarize easily. It is only by government agencies that you can notarize a document. Is a non notarized document valid as a proof?
You would have to explain why you cannot get police records and get some other evidence instead (if you can), such as letters from people. We do not have our letters notarized – you would do that if you want – but we normally include a copy of the person’s photo ID with the letter. I wrote something about witness letters on August 16, 2012. Take care, Jason
Hi
My name is Fatima. I would like to make enquiries about the assylum process.
(1) Can I file a case making claims on two different categories e.g I am a Muslim who converted to Christianity and am scared I could be killed
B, I am also a lesbian who hails from a country that gives 10 years imprisonment to gays.
(2) Also, what I I have evidence only for one of the claims am making? Would you advice me to forget about the one that has no evidence?
(3) what is I don’t have evidence at all what happens? Do the evidence usually require testaments from people we know?
Thanks
1 – Yes, if you have more than one reason to seek asylum, you can mention both. 2 – I can’t advise you about that, as it depends on the case. Try to get evidence about the other claim too. 3 – If you do not have evidence, you may have to explain why not, and if the explanation is not adequate, your case could be denied. It is possible to win a case without evidence, but it is far better to get whatever evidence you can. Take care, Jason
Hi Jason,
This is Vij I’m an international masters student here. My Mom and dad came to USA for my graduation ceremony but that’s not the reason to come. My father is having threat from my family members so we can’t digest if something happens to him. So he staying here now my mom went back to India but my father he crossed his 6 months stay.My main concern is he wanted to apply for asylum now. If he apply will there be any issue to my visa status. In furure I would like to apply for h1 visa. My dads main concern is it shouldn’t affect me.And what are the chances of getting asylum approval for him? He is 55 years old.If my mom wants to visit us will there be any issue at immigration? I hope you answer all my questions. I have contacted few lawyers regarding this issue but I see everyone are money minded. No 1 answered properly.Thank you in advance
I doubt your father’s asylum case would affect you – it should not affect an H1b visa, at least. However, if you want to leave the US and return here with certain visas – B or F, for example – it could affect you (it could also affect your mother if she is outside the US and wants to come here on her visa or get a new visa). As for the strength of his case, I cannot evaluate that. Since he fears harm from family members, he would have to show (among other things) that the government will not or cannot protect him, and that he cannot safely relocate within India. Talk to a lawyer about the specifics of the case to get a better idea. Take care, Jason
Hi Jason,
Thank you.
Jason, I went for my immigrant visa interview yesterday as an asylee-follow to join. To me the interview was okay so as for the interview I think.
She even told me they are busy on Friday but will be ready by next. This morning they call to inform me to pick up the forms on Wednesday next week. I’m a bit worried because I didn’t give them an form and all my originals were returned to me except my passport.
Please, Can you tell what that implies?
I’m a bit worried.
Many thanks
I am not sure I understand, but it sounds like (hopefully) they are issuing the visa. They should return any original documents and passports to you at that time. Hopefully, that is the case. Take care, Jason
Sorry Jason, what i meant is that i went for my immigrant visa interview yesterday as an asylee-follow to join. To me the interview was okay so as for the interviewer I think because she even told me they are busy on Friday but will be ready by next week. This morning they call to inform me to pick up the forms on Wednesday next week. I’m a bit worried because I didn’t give them any form and all my originals were returned to me, they only took photocopy, except my passport.
Please, Can you tell what that implies?
I’m a bit worried.
Many thanks
If you are outside the US, I guess it means that you have to pick up your documents to travel. But maybe I am still not understanding your question. In any case, you will have to go and see what they give you, but based on what you wrote, I do not see anything of concern. Take care, Jason
The interview took place at the consulate of a US Embassy
hello,
I have been new york one month ago with my family. We are Rohingya from Burma(Myanmar). We came usa by one of tourist group. My question is can we make asylum in here. bcoz we are so difficult to stay in Burma like a human. thank u so much
It depends on the case, but what I know of the situation in Burma, things are very bad and I would expect that most Rohingya would have strong asylum cases. Talk to a lawyer about the specifics of your situation to evaluate the likelihood of success. Take care, Jason
I got B2 LIMITED Stay and CBP stamped No AOS/EOS/COS/ DOS.
I dont understand DOS. What is ‘No DOS’?
Normally, DOS refers to Department of State, but I am not sure what it means in this context. Take care, Jason
What happens after i pick up denial decision from asylum office?
I see statement that it is referred to Immigration court..
Does it mean arrest / detention?
Will I be held by cops to take me to court?
Can I take a flight back home once my case is denied and avoid facing such things?
I have not heard about people being arrested under these circumstances. Basically, you will be referred to court and given a date to appear for your first hearing. There, you can present your asylum claim to the Immigration Judge. I am working on an article about this and expect to post it in the next couple weeks, if you want to check back. Take care, Jason
Hi Jason
I arrived US Januwary 23 ,2018,soon I arrived the airport ,I appear to Custom and boarder protection officer at the port of entry and he asked me about my trip,how long I will stay and my address in US and I replied ,then he put red card in my passport and gave to one officer and informed me to follow her,then she took me to second inspection ,the other officer asked me several questions,whether I have fear Of torture and prescution in my country and I told her that I have no fear to go back home,because,if I said I have fear to go back home, I tought that she will deport me to the country that I fleed because of fear of torture and prescution.and also she asked me many related questions regarding the documents that I have with mee too and she were documented all the questions she asked me.
Finally she allow me to enter and stay one month,now I wanna apply for asylum,does the question that the CBP asked me and documented on computer have impact on my asylum case Desicion?
It could affect your asylum case, and so in your asylum case, you should explain why you said you had no fear of return at the airport. This may make your asylum case more difficult to win, and so you might want to have a lawyer assist you. Also, you should write down all the questions and your answers as best as you remember, so you will have some sort of record of the interaction at the airport. Take care, Jason
Hi again,
Today i spoke with my lawyer and asked him about the case that is taking so long almost 4 months no answer from the officer after the interview, and he just told that the Imigration office they transferd the officer in other state, so now he said that will ask if any other officer can take a desicion regarding to the offciers report who interviwed me, or ask them if she will be back. He said it is another option to write an complaining letter to the superviser but it might be a risk beacuse if the officer who interviewd me might not be happy for contacting the supervisor..
Are you familiar with this kind of situations if yes please any advice or any comment that you can help..
Now i am more nervous then i was.
I doubt a polite letter to the supervisor inquiring about the decision would cause any problems. In general, they do not even look at such letters (as far as I can tell), but you can try. I doubt they would deny the case because the letter annoyed them – I have not seen them behave that way. Take care, Jason
Hi again,
After more then 5 month been interviwed i just recived the mail saying:
Please take notice that above captioned case has been scheduled for a Master hearing before the Immigration Court on Jul 5 2018.
Please advice what dose it mean..
Are am i going to have the court on Jul 5, or before that having the Master hearing or what, since there is no reason of why i did not get approved for immigration.
Thank you..
It sounds like you asylum case was denied and referred to court. You should have received a Notice to Appear, and you will need to go to court on July 5, 2018. If you did not receive a Notice to Appear, contact the asylum office and ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. I wrote about the procedure for a referred case on March 7, 2018. Take care, Jason
I just wondering, can anybody ask you questions about asylum case before you have interview? Like i had a situation, one imigrant oficer stop me on airport and start asking questions, and my case is sheduled for next year
I generally only answer questions related to asylum, but you can ask. Take care, Jason
My question is releted to asylum, and i want send him to court if he disturb me with no reason. I am not shure, but i think that i read somewhere that nobody can ask you questions before interview. Thats why i ask. Thanks anyway.
I do not understand what you are asking, sorry, Jason
Ok, I will try to explain better. I already fiiled up one asylum application, and i send it 15 months ago. My interview is sheduled for next year. And one oficer stop me on the airport 4 days ago and asked my questions about my case. So my question is, does anybody have the right to ask me questions before my interview on coart?
The immigration authorities can question you. They do have that power. But if you are concerned, you can ask to talk to a lawyer before you answer. Take care, Jason
Hi Jason
I got the notice to appear as a result of my interview and send me to the court. They wrote for me that (You remained in the United State beyond My 25,2015 without authorization).I want to know is this the reason that they send me to the court.
Yes – if you remain here after your period of authorized stay in the US, you are deportable. So they send you to court. The judge will decide whether to deport you or not. If you have a defense (such as asylum, or other defenses), you present that to the judge and hopefully win your case. If you are in court, you should find a lawyer to help you. Take care, Jason
Hi Jason,
I got my interview notice and I don’t have a lawyer to represent me. So I don’t clearly know what should I bring on the interview day. I have some updates on my address and supporting materials. So do I resubmit my whole(including old and new supporting documents) files on the interview day or only updated documents? And do I prepare for one copy or three? I see interview notice said I need bring three copies of identification. So do I bring three copies of my files also? Sorry I have a lot of questions and there is a short time for me to get a lawyer. Thank you so much
You do not need to re-file documents you already submitted. All new documents must be submitted in accordance with the rules of your asylum office. In my office (Virginia), that means they must be submitted at least a week before the interview. You can contact them to ask about that. Any documents that you submitted that were copies, you should bring the originals – especially all your passports. You can find the asylum office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Chloe,
I was just wondering, what was the outcome of your asylum interview?