These days, the estimated wait time for an affirmative asylum case is somewhere between eternity and forever. It can best be expressed numerically as ∞. Or maybe as ∞ + 1. In other words, affirmative asylum cases take a long damn time. (OK, to be fair, you can get some idea about the actual wait time here).
For some people, this wait is more of a problem than for others. For example, if your spouse and children are outside the United States waiting for you, and especially if they are living in unsafe or unhealthy conditions, the wait can be intolerable. A growing number of people are abandoning their cases simply because they cannot stand the separation. Others are moving to Canada, which apparently has a faster system than we have in the States. The problem is not simply that the wait is long—and the wait is long. The problem is that we cannot know how long the wait will be. Maybe the interview will come in six months; maybe in three years. Maybe the decision will come shortly after the interview; maybe it will take months or years. This unpredictability contributes to the difficulty of waiting for a resolution to the case.
For others people—single people without children or families that are all together here in the U.S.—the wait may be stressful, but it’s far more bearable. For my clients in this position, I advise them to live as if they will win their cases. What else can they do? To live under the constant stress of potential deportation is unhealthy. And the fact is, most of my clients have strong cases, and the likelihood that they will succeed it pretty high. So it is best to live as normally as possible. Find a job, start a business, buy a house or a car, go to school, make friends, get on with life. In the end, if such people need to leave the United States, they will have time to wind down their affairs and sell their belongings. For now, though, if I may quote the late, great Chuck Berry, Live like you wanna live, baby.
But what if you want to try to expedite your case? How can you maximize the chances that the Asylum Office will move your case to the front of the line?
First, before you file to expedite, you need to complete your case. The affidavit must be finished and all the evidence must be organized and properly translated (if necessary). If you expedite a case and the case is not complete, it could result in real problems. For example, I once had a client put himself on a short list without telling me. Then one day, an Asylum Officer called me and said that they wanted to schedule his interview for the following week. The problem was, the evidence was not submitted (or even gathered) and the affidavit was not done. The client insisted on going forward, and so (while I helped with interview preparation), I withdrew from the case. I did not want to remain affiliated with a case that was not properly put together, and I did not want to represent a person who took action on his case without informing me. In general, there is no value in expediting a case only to lose because you are not prepared for the interview, so make sure your case is complete before you try to expedite.
Second, you need a good reason to expedite. Remember, you are asking to jump your case ahead of hundreds–maybe thousands–of people who are also waiting for their asylum interview. Why should the Asylum Office allow you to do that? One common reason is that the applicant has a health problem (physical or mental). If that is your reason, get a letter from the doctor. Also, provide some explanation for how an early resolution of the asylum case might help improve your health situation (for example, maybe you have a health problem that is exacerbated by the stress of a pending case).
Another common reason to expedite (and in my opinion, the most legitimate reason to expedite) is separation from family members, especially if those family members are living under difficult or dangerous circumstances. If an asylum applicant wins her case, she can file petitions to bring her spouse and her minor, unmarried children to the United States. Many people come to the U.S. to seek asylum not for themselves, but because they fear for the safety of their family. Since it is so difficult to get a U.S. visa, it’s common to see asylum seekers who leave their family members behind, in the hope that they can win asylum and bring their family members later. So when the wait for an interview (never mind a decision) is measured in years, that’s a real hardship. For our asylum-seeker clients with pending applications, we have seen cases where their children were attacked in the home country, where family members went into hiding, where children could not attend school or get medical treatment, where families were stuck in third countries, etc., etc., etc. Such problems can form the basis for an expedite request.
To expedite for such a reason, get evidence of the problem. That evidence could be a doctor’s note for a medical problem or an injury, or a police report if a family member was attacked or threatened. It could be a letter from a teacher that the child cannot attend school. It could be letters from the family members themselves explaining the hardship, or letters from other people who know about the problems (for advice on writing a good letter, see this article). Also, sometimes family members receive threat letters or their property is vandalized. Submit copies of such letters or photos of property damage. It is very important to submit letters and evidence in support of the expedite request. Also, remember to include evidence of the family relationship–marriage certificate or birth certificates of children–to show how the person is related to the principal asylum applicant.
There are other reasons to request an expedited interview: Until an asylum case is granted, applicants may not be able to get certain jobs, they cannot qualify for in-state tuition, they face the general stress of not knowing whether they can stay. While these issues can be quite difficult to deal with, I think that they do not compare to the hardships suffered by people separated from family members. Indeed, if I were in charge of the Asylum Division, I would allow expedited interviews only in cases of family separation.
Once your case is complete and you have gathered evidence in support of the expedite request, you need to submit the request and evidence to the Asylum Office. Different offices have different procedures for expediting. You can contact your Asylum Office to ask about the procedure. Contact information for the various Asylum Offices can be found here.
One last point about expediting asylum cases: The system for expediting cases is not well-developed, meaning that sometimes, a strong request will be denied or a weak request will be granted. There definitely seems to be an element of luck involved in the expedite request process. But of course, unless you try to expedite, you can’t get your case expedited. If an initial request is denied, you can gather more evidence and try again (and again). At least in my experience, most–but not all–cases where there was a good reason to expedite were, in fact, expedited.
Besides expediting asylum cases, it is also possible to put your case on the “short list,” which may result in an earlier interview date. You can learn more about that and a few other ideas here.
It is still unclear how changes in the new Administration might affect the speed of asylum cases, but I doubt that the asylum backlog is going away any time soon. In that case, for many people, the only options are to learn to live with the delay or–if there is a good reason–to ask for an expedited interview and then to hope for the best.
Hi Jason,
I refereed to the immigration court, so my question is:
Shall the USCIS and the judge refer to my answers during the office interview or this is new case?
For example shell they compare any contradiction between the events during the court and the interview?
I believe they will have what asylum officer recorded during the interview. So you should be prepared to explain if you have said something wrong.
It is a new case and the judge will make a new decision. However, the ICE attorney (the prosecutor) should have a copy of the asylum officer notes, and so he/she can ask you about any inconsistencies. If you cannot explain those, it could harm your court case. I suggest you write down any problems you can remember from the asylum office, so you can prepare yourself to answer any questions on those points (and show them to a lawyer if you have a lawyer). Take care, Jason
Hi Jason,
Thanks so much for all your assistance. May God bless you. I finally got the receipt and it says I can remain until my application is decided. So based on other things I have read here, I went on the uscis site to check case status with the receipt number but it keeps giving an error “my case status does not recognize the number entered”. Please should I be worried about this? Thanks once again
You cannot check your asylum case on-line. There is nothing to worry about. Take care, Jason
Hi Jason! You are doing many Asylum seekers a huge favour by devoting ur time and free information about anything and everything asylum.
My husband applied from SEATTLE in january 2013, still not interview. He is from Pakistan, how hoplessly long it could be?
You can check the Asylum Office Scheduling Bulletin – a link is at right. Seattle is a sub office of San Francisco, and so you can look at that office’s schedule, but the sub office will be slower than the main office (USCIS does not post the schedule for sub offices). You can also email the San Fran office to ask about the schedule in Seattle. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I checked in bulletin, but says nothing about chases field in 2015 ?
So mu question is : Can we wait for interview this year, or in 2018 ??
Because families are worried about that !
Thanks so much Jason, appreciate this
Take care
Cases are now interviewed in the order they are received, and the Asylum Office Scheduling Bulletin tells you who is being interviewed now. Using that, you can get some (very vague) idea about when you might be interviewed. Take care, Jason
Dear Jason! Many many thanks for all your helps! I filed my asylum application on Sept.26th and waited for 150 days and submitted my EAD request by 28th Feb and received receipt of notice by date Mar.1 2017 by mar.7th. Now the clock is turned into 187 days. I called the USCIS, three times and got three different ans. 1. Still pending. 2. will send a remainder 3. will take more than 75 days? Its a pain, will be in the street by next month if don’t have the work permit. Please advice me how long do they take to issue my EAD.
Thanks In advance
Banu
We see it take between 2 and 4 months to get the EAD after you file for it. Take care, Jason
Dear Jason,
thanks a lot for your cooperation,
I’m applying for renewal of my work Authorization permit, and I heard the fee is 410, beside that I heard for second time you will have give another fee for biometric, does renewal require biometric fee,
2. I Want to expedite my interview, would it be possible to help me , as I don’t have any lawyer , I would much appreciate to talk with you if you can expedite my interview, how much would you charge?
Regards
e
I think the fee for the renewal is correct. If you want to contact me, you are welcome: JDzubow@DzubowLaw.com. Thank you, Jason
Hi sir
I saw in internet you help a lot of people with your answers and for that i decided to text you, if you can help me !?
I filed my case for asylum in may 2015 in NY and still waiting for interview..
I have all other documents
Can you help me to know when is going to be my interview based on your knowledge?
Thank you very much, god bless you
Regards,
Check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
Dear Jason,
one of my friend is trying to apply for asylum Is Virginia considered as field office or main office, some people says applying for asylum from Virginia is fast, is that true,
if no can you please advise me which other States are faster to apply …
Regards
Elyas
Virginia is a main office, and the wait time is posted on the Asylum Office Scheduling Bulletin – a link is at right. As to the second part of your question, I did a posting on February 25, 2016 that might help. Take care, Jason
Hi jason, hypothetical question: if s Syrian national is denied asylum and in put into removal proceedings, where does he get moved to? If he/she has no residence in any other country? Have u seen cases of Syrian nationals deported ? Of so where are they deported to?
I have not heard about Syrian nationals being deported. I assume they could be sent to Damascus, since the airport is open, but I do not know that the US government is dong that. Anyway, if a person has a court case, and they lose, they can appeal. If they lose the appeal, in most cases (where they are not detained), they can try to leave on their own to a third country. Take care, Jason
Hello Jason !
Many thanks for your help. Your blog is very helpful. Each time, before taking a decision, I used to read your post and comments. Now I’m a little confuse because I have to take a decision which could change my life. My asylum case is pending from December 2015. I have a work permit, SS, and driver license. I live in portland (Maine) and canada border is not so far. I heard that many asylum seekers from US are going to canada where theirs cases are more chance to be expedite. Could you give more details about this process ?I know that when they cross the border into Canada, they fill out some forms, and they take theirs fingerprints. Then they are taken in charge by the red cross. My question is how do the Canadian authorities deal with these cases? Thanks in advance for your help.
Hi sir
I saw in internet you help a lot of people with your answers and for that i decided to text you, if you can help me !?
I filed my case for asylum in may 2015 in NY and still waiting for interview..
I have all other documents
Can you help me to know when is going to be my interview based on your knowledge?
Thank you very much, god bless you
Regard
To get an idea about the interview date, check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
Hi Jason,
I recently had my interview. My interviewer was an ICE officer. I was expecting a USCIS Asylum officer. Is it a usual thing?
Thanks
What?? how can an ICE officer substitute Asylum Officer?
Can you explain a little bit how your interview go?
It certainly is unusual. Did the ICE officer ask about your asylum case, or did he ask about other things (your entry into the US, how you got your visa, etc.). I have not heard about that happening before. Take care, Jason
In the beginning he asked me to show the visa sticker and entry stamps on my passport but the interview was primarily focused on the case. However, the interview was quite rough. Not exactly the way I was thinking it would be. He was pin pointing facts and dates which made it more difficult as some incidents were more than 5 years ago. I had my name put on the on call list and I chose this slot by my choice when they asked me so I would assume that I wasn’t called for interview by ICE specifically. Also, he had 2 more interviews scheduled for the same day. But seeing his badge of ICE REMOVAL ENFORCEMENT ASSISTANT on his desk before the interview was certainly disturbing.
Interesting. Maybe they are doing a program where ICE officers serves as asylum officers for a time to learn about what happens at the asylum office; I do not know. Anyway, we’ll see if there are more cases like this. If you get a result in the case, please let us know. Thank you, Jason
Hi Jason,
I got my asylum approved today.
Thank you
Congratulations and welcome to the USA! Jason
Jason, I also want to take a moment and thank you for all the great work you are doing here. I didn’t have enough resources to get an attorney for myself and your blog really helped me through the whole process. I got this idea of expedition here from your blog and it helped me to get my decision in exactly one year from the date of filing from the office who is not pursuing category 3 cases for last couple of months. You were here to answer all the questions like a personal lawyer. I would like to contribute to your mission whenever I would be having enough financial resources. So people like me should keep on getting this free help from you in future. Thank you again. You are the best !
I am glad it was helpful. Thank you for letting me, Jason
Could you please share which office this was. Thanks
Houston
Dear Friend,
First of Many many Congratulations! Will you please let me know how long did they take to make decision on your expedited request?
I left my 2.5 year old child in back home who is under critical medical condition. I have submitted my expedited request by 15th Mar.17 at Chicago asylum office based on his medical records. I would appreciate if could post some information like, when did requested for an expedited processing! How to follow up? How long did they take to respond? How long did they take to call for an interview?
Many thanks!
God bless
Banu
The expedite process is pretty unpredictable. If it worked for one person, it may not work for another. The case you describe sounds like a good reason to expedite, so hopefully they will do that. Good luck, Jason
Congratulations on getting approved. May I ask you where you hail from?
Hi Jason,
I just wanted to ask a quick question. I’m going to asylum office next week to pick up my case decision. In case it is not in my favor, will they detain me in office till court hearing? I have no criminal history.
Thanks !
I have not heard about anyone being detained under those conditions. One point – sometimes they tell you to come back in 2 weeks, but when you go, the decision is not ready, which can be very disappointing, so just be patient and remember that until you have the decision in your hand, there is no guarantee about when you will actually get the decision. Good luck, Jason
Hi Jason, What does this message mean? When I’m trying to find out if there is anything new about my work permit?
(New Card Is Being Produced
On April 3, 2017, we ordered your new card for Receipt Number ****** and will mail it to the address you gave us. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.)
Has it been sent to me? or will I be notified when it is sent? How long does it take to I receive the card?
Many thanks and appreciation for helping us
When you filed your application? It seems your card is already on the way and it will probably take 3-4 days at most.
can you share when and to which office did you send your EAD application? thanks
It sounds like they are sending you the card; it can take a few weeks to get it. Take care, Jason
In my case it meant they ordered, then status changed to Case Approval and then card was mailed.
After status “New Card Is Being Produced” and I got my card passed 10 days.
Hi Jason,
I was reading couple of comments and came across “Voluntary Departure”. I have got my EAD and also social security but due to unknown interview time I want to leave USA and go back to my country whatever happens. Can you please tell me how to request for “Voluntary departure”. I don’t have lawyer to help me out and I have filed my asylum by my own.
Many thanks and look forward to hear from you on steps to be followed for getting ” Voluntary Departure” permission.
Thanks,
Jamie
You can only get voluntary departure if your case is with an immigration judge. If you are waiting for an asylum interview, you can inform the asylum office that you are leaving and ask them to close your case, and then you can leave. You may want to email your local office to ask how to do this, as the procedure might vary between offices. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi sir after one day is my Asylum interview.pray for me. I am with out lawyr because could not pay. I want to know that i am a political worker and writer too. I have written some books in ex english language.can i sumit them too including witness documents? And how many sets of documents/ books have to submit? Kibdky guide.regards.
I did a posting on September 8, 2016 that might help. Different asylum offices have different rules, but in my office (Virginia), you have to submit documents at least one week in advance and you need to submit two copies. Contact your asylum office to ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Books, or parts of books you have written sound like helpful evidence and I think you probably should submit them. Take care, Jason
Hi Jason,
Thank you for everything you do for us. Please let me know your advice on the following issue. My case has been pending since Nov 2015, now I am planning to see my mother while she is getting medication in third country (Dubai). I have filled i131 and expecting their reply. how high is the probability of being denied to re-entrance to US. I am working in hospital I don’t have any bad record and I have been paying tax, will my profile help me in anyway? Thanks in advance!
If you have Advance Parole, you should be able to travel and return. One issue was that people who had unlawful presence (meaning you were here illegally – after their visa expired and before they filed for asylum – for 6 months or more) could not re-enter if they left, even with AP. However, I believe that rule was changed and even people with unlawful presence can re-enter. If you have 6 months or more of unlawful presence, you probably should talk to a lawyer before you travel, but if not, you should be fine. Also, if you are from a “banned” country, you should be careful that the ban does not get re-instated and you get stuck overseas (talk to a lawyer to be sure about that too, as people with AP from banned countries should still be able to re-enter). Take care, Jason
Thank you, Jason I am not from “Banned” country and I have filled my Asylum before my visa expires. Once again Thanks and Have a great day!
Hello Jason,
I like your blog, I have a question. Me along with my mother filed for asylum on the basis of religion. We filed in October 2016. It’s still pending and me and my mother got the. EADs. My mother is very sick these days and I don’t have a proper job right now to buy her an insurance. All I can help her is to give her pain killers . The interview is going to take ages and she is not able work. My question is, is there anyway I can have interview early? I cannot afford a doctor for my mother. We don’t have anyone here or back in the country where we came from. Also are there any ways I can get her free treatment if she isn’t a resident yet?
The article above describes how you can try to get an earlier interview. As for free treatment, I do not know about that. I suggest you contact the local office of Catholic Charities – they help everyone and they often know about resources such as medical help. Take care, Jason
Hi Jason.Thank for all your advices here.You are awesome. I am reading news and see that some people are detained even if they case is pending or for some weird reasons. In that case, if some people don’t want drama, don’t want be detained, stressed out.. etc and they just want to leave US and go back.
( be self-deported) How that works?Is possible something like that?
I have heard about a few examples of people being detained, but I do not think it is the normal practice, and I suspect that there may be other reasons why those particular people were detained. I am advising my clients not to worry about this, at least until I have more info. If you do wish to leave, you can just leave. It is better if you tell the Judge first and try to get “voluntary departure,” which makes it easier to return to the US than if you get a deport order (and if you leave and do not go to your court date, the Judge will order you deported). It can take some time to get voluntary departure, so if you are in a hurry, that may be difficult to do, but you can ask a lawyer to help advance your court date and maybe it will be possible to do it relatively quickly. Take care, Jason
Hi Jason,
I have been trying to expedite for medical reasons. I have submitted detailed cover letters, notes from my doctors and medical expenses with no success. My congressman’s office also attempted to assist. I really need to find a quick solution to address my medical situation. I am not seeing any difference with submitting additional medical documentation. In a way, I feel I keep getting blanket denials. Do the asylum offices follow the same USCIS expedite criteria? Do you have any suggestions?
Thanks.
You can ask to expedite, but you cannot force them to do so. If they have decided not to expedite, there may be nothing more you can do. I suppose you could try a mandamus lawsuit, but given that everyone is facing long delays, I do not think that would work to get a faster interview. I wrote a bit about mandamus lawsuits in a post on February 26, 2015. Maybe that would start you off, but you would need to consult with a lawyer before you try that. Good luck, Jason
I relocated recently from south to north California. New jurisdiction office will be San Francisco, the old was LA. Can I legally use my relative address in LA to keep my case under LA jurisdiction to avoid further expected delays? and then, use another address (my real new address) for future EADs. Can this create a red flag for the asylum office having 2 different addresses one for the original asylum case, and the other for EADs? or EADs are separated from asylum offices jurisdiction?
I think this may create problems. Anyway, the SF office is much faster (and better) than LA, so if you are interested in moving the case faster, you are better off changing your address and moving the case to SF. If you do that, I recommend you contact the old asylum office and the new office to make sure the case was transferred and that you keep your place in the queue. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, thanks for this new article it is really informative. I have a silly question today and I’m really sorry for that in advance. As I have discussed that I got interview recently but due to my attorney foolishness, I had to reschedule it and I might get next one in few weeks, now I haven’t confidence on my attorney because she has nothing to lose, she has taken all her money in advance, whatever!!
I would like to know the dress code for interview as I am Doctor and I my few interviews for training we have advised to put suit and appear neat and clean during interview, I am little bit confused should go like that as I have attended medical resident interview or their should be different dress code.
Again I am really sorry for that question and I really appreciate your response. Thanks
Wear a suit if you have one, and be neat and clean. We did a posting on July 22, 2010 about this, which might be of interest. Take care, Jason
Many many thanks Janson!
I have submitted my expedited request based on my son critical medical condition and threat from my father to my family by Mar-17th along with Doc’s note, letter from the school. I live in Cleveland and my office is at Chicago. My Q. Q.1. is How can I know whether they accepted my request or not? How to follow up?
Q.2 is how long do they take to make decision on my expedited request? My son situation is very worst. I want to fix an appointment with doctor here in US.
Q.3. Is there anyway that I can bring him over here like medical visa etc., I am just dying everyday!
Thank you very much.
Banu
REPLY
1 – They will contact you; if not, you can contact them. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – It is not predictable, but usually they tell you whether they will expedite in a month or two. 3 – Talk to a lawyer about that. He can apply for a B visa for medical treatment; if that does not work, he can try for humanitarian parole, using form I-131, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
Thank you for all your help!
After asylum interview my case was transferred to immigration judge. How long does it take (in average) to wait until the court hearing? What is the approval rate with such cases transferred to immigration judge?
There is no “average” as it depends on your court and your judge. You can Google “TRAC immigration” and get some idea about grant rates and wait times. Take care, Jason
Hello Jason,
I filled my asylum case about a year ago in Houston and immediately I put my name on short list. I got my interview last week. In my opinion it didn’t go very well. Having said that, I recently got job in Boston and I moved here. I planned to change my address to Boston to be honest on my side. Do you think it will be having bad impact on my decision which is due in about 10 days?
In such case if I lose my case, I will be sent to immigration court to Houston or Boston?
Thank you very much
I am sorry to hear it didn’t go well. Did you have a lawyer?
I do not think moving will affect your case at this point. If you are sent to court and your address is Boston, your immigration court should be in Boston. Take care, Jason
Jason
Please advise what is the best time to submit a green card request, the office inform me that should be after one year from the granted asylum date but I know some people submitted such requests in 9 month only.
Thanks for your support
You should wait the full year. If you submit it early, it could be rejected, which will cause delay. Take care, Jason
Hi Jason,
I’ve managed to expedite my interview which is scheduled in three weeks. I submitted my request to expedite in late November and received approval only now after I called the office to inquire about my request. I’m wondering if USCIS usually makes decisions faster on cases that have been expedited. Do you think I have a better chance to receive decision within a month after the interview because I expedited or I might still have to deal with post interview delays for many months and years? I’m not from a Muslim country, so I hope that won’t make my wait too long. I entered the country legally and have no criminal record.
Dear Ira,
On what basis did you manage to expedite your interview?
Health issues. My doctor wrote a letter asking to expedite the interview.
The fact that you are not from a Muslim country will possibly make your post-interview wait shorter. It is hard to say whether expedited cases get faster decisions. Based on my experience with this, I would say that such decisions are usually faster, but we do have at least one case where the person expedited and has been waiting months (so far) for her decision. Good luck, Jason
Hello Jason,
Q1- my asylum application pending i have work authorization and i am working, my parents want to visit me. what are chances getting the visitor visa for them
Q2- i have US driving licence is it safe to travel within US with pending asylum. my i94 expired.
Thank you.
1 – They can try, but the fact that you have sought asylum might make it more difficult for them to get a visa. 2 – Also keep proof of your asylum case (receipt, EAD) just in case you are questioned. It should be safe to travel inside the US. Take care, Jason
Hi Jason,
Thank you for your effort in helping us through the asylum process. Your blog has been the BEST source of information regarding asylum in the U.S.
I am included in my wife’s asylum application. We are waiting for the result of the interview she had last week. Based on the asylum application, I have got an EAD.
Originally, I came to the U.S. on an F-1 Visa. I am about to finish my studies. I have got a job offer on hand. My (future) employers are asking me to apply for an Optional Practical Training (OPT) through which I can get a work permit until they get me an H1-B approved.
Can I apply for an EAD and H1-B visa through OPT and work, while I already have a valid EAD through the asylum? Will the EAD I have through the asylum affect my application for OPT and my employer’s petition H1-B?
Thank you for your continued support
Jamal
Yes you can. I had the same situation. The thing is when you apply and work thru your OPT EAD, you keep your F-1 (legal) status. But asylum EAD doesn’t give you status. I had both and used my OPT EAD to work until it expired to be in status.
Also, you can apply to H1B even if you have pending asylum. But H1B is a lottery and harder to get every year.
Thanks, May. I appreciate.
You should be able to get an EAD based on OPT. And this is probably the better path for you, as it keeps you “in status” and allows you to get an H1b and then maybe a green card through your job. All that won’t be needed if your wife and you are granted asylum, but it is a good backup plan. Take care, Jason
Thanks, Jason. Keep up the good work!
Dear Jason,
I have one question about work permit and asylum application location.
Is that possible, if I applied asylum in Arlington VA and work any other state other than VA?
Thank you.
You can work wherever you want, but if you move to a new, permanent home, you need to file a change of address, form AR-11, available at http://www.uscis.gov, with the local asylum office. Take care, Jason
Great blog Mr Jason..wishing you all the best life can give you. Please if may take a bit of your busy schedule to ask you some questions? Well, my asylum case is pending in court and luckily my EAD and SSN are both in and super happy..Now,before coming here I was a 1st year freshmen in college majoring in Computer Science. I have decided to pursue further in my major here in US. I have had my grades transfered here for me and its being evaluated into the US education standard. I am also taking a GED course just to make my grades stronger enough to apply for college. Please, I want a best advice as to whether I should go ahead to continue with my education whiles my case is pending or I should wait until my case is done;Mind you my return to court for my case to begin is fours away and I want to take that opportunity to use my time wisely as the same time focusing on my case. Your recommendation would be deeply appreciated. Thank You
We have had many clients use the EAD to attend university while their cases are pending. It should not be a problem (depending on the school). Take care, Jason
Thank you so very much
Dear Jason, I had an asylum interview on 10/16/2017 in Seattle WA. At that moment my husband had unsolved case in immigration court of Chicago IL. The officer asked to fax docs regarding my husband case status via fax after the interview. We did it. Also we mail it, and my husband drove to San Francisco uscis office and personally handed docs to the reprasentative. In a 4 months we asked our congressman to act on my behalf and send a request to uscis. Finally we received the letter saying that our case is pending because you have failed to provide requested documents. We are desperate and do not know how we can reach out the officer or somebody in SF office. What can I do? Thanks a lot for an answer in advance.
You can email them and ask what is happening. You can find their email address if you follow the link at right called Asylum Office Locator. If you have copies of the documents showing that they were received by the asylum office (with the asylum office stamp), you can attach that to the email as evidence that you already filed the documents. If they do not help you, you may want to go to the office in person to ask about this, and bring another copy of the requested documents. Good luck, Jason
Kate,
I also interviewed in Seattle in October and haven’t received a decidion so far. I contacted the Congresswoman too but there was some type of mixup in their responses so I don’t know if the decidion that was supposedly made on my case actually refers to me… (I received an email regarding me with somebody else’s surname there.)
It appears to me that as long as the case is still under Asylum Office Jurisdiction (not in Immigration Court), the state representative can continue helping you. Have you tried asking them to resubmit additional evidence again on your behalf of just somehow clarify the true reason for wait with USCIS. Maybe somebody made a mistake or lost your documents… I think SFZ recently moved to a new office location, so who knows what could have happened.
Take care!
Hello Jason, thank you for the informative post. I requested for expedite interview two months ago. After a month of request I went for follow up. At the same time I had applied for TPS renewal too. Asylum office said my case file was with TPS office and they can’t do anything for now. After a week I got my Tps approved and I got approval letter too. Since then it has been three weeks. Do you think I need to do inquiry or just wait for some more weeks? I requested expedite with medical reasons. My asylum application is one and half years old in Sfo.
I think there is no harm in following up again with the asylum office. I have not heard about asylum expedite requests being affected by TPS applications, but I suppose that is possible. Anyway, now that TPS is done, you can follow up to ask the status of the expedite request and to see whether your file has been returned to the Asylum Office. Take care, Jason
Hi Jason – I’ve been told that the asylee process is continuing, and will continue, under the travel ban(s). However, I’ve been unable to find out whether the quota reduction to 50,000 refugees includes refugees and asylees, or if asylees have a separate quota. I’d previously read there was a separate quota of 10,000 for asylees and 100,000 for refugees. What is the number for 2016? Has the latest travel ban had any impact on asylees for 2016?
Appreciate any insight you can provide. I’m currently hosting a small family of Venezuelan asylees at my apartment, but need them to move out at the end of next month. I feel terrible about asking them to leave, given that they are just starting the process and it may be quite difficult for them to secure new housing. But I need the space back. I’ve been trying to learn more about the asylum process, to better understand their circumstances and prospects. Any information you can provide would be very much appreciated.
Thanks!
I am not Jason. But for your question regarding the refugee quota, it is for refuges applied from outside the US. for people inside the US, there is no quota.
The real drag in the asylum system right now is with the circuit ride cases. Here in flyover country, the backlogs grow each month (https://www.uscis.gov/sites/default/files/USCIS/Outreach/Upcoming%20National%20Engagements/PED_2016_12AsylumStats.pdf). I have a client from a Middle Eastern country. We filed his I-589 in April 2014. In the summer of last year, he was the victim of a qualifying assault for U visas purposes. We are filing the I-918 shortly, but with the U visa cap backlooged several years at this point, the race between the I-589 and the I-918 will be like watching one between a snail and a tortoise. Keep up the fight.
A snail and a tortoise actually move forward on occasion, so I think this proves you are an optimist. Take care, Jason
Dear Jason,
Thanks for all your activities and timely information. I have been granted an asylum on expedited procedure taking family situation back home into account (for which I have submitted all necessary information).
Currently, I am planning to fill I-730 to start a petition for my family members (my spouse and children). My question is how can I request an expedited process for my family members who are currently under difficult situation? Additionally, is it possible to submit the I-730 before getting a social security number (I am planning to request a SSN by the coming week)?
You can submit the I-730 forms as soon as your asylum case is granted. With the forms, you can put a letter asking for expedited processing and explaining why you need that. It may not help, but it might, and it certainly won’t hurt. Take care, Jason
Many many thanks Janson!
I have submitted my expedited request based on my son critical medical condition and threat from my father to my family by Mar-17th along with Doc’s letter, letter from the school. I live in Cleveland and my office is at Chicago. My Q. 1. is How can I know whether they accepted my request or not? How to get the information? ie. How to follow up?
Q.2 is how long do they take to make decision on my expedited request? My son situation is very worst. I want to fix an appointment with doctor here in US.
Thank you very much.
Banu
1 – They should contact you within a few weeks and tell you whether your expedite request was accepted. If they do not, you can follow up with them. You can find their contact info if you follow the link at right called Asylum Office Locator. 2- Usually a few weeks, but it probably depends on the office, and I do not know about Chicago. Take care, Jason
Hello Jason,
Thanks always for the great articles. I learned a lot about asylum system in your blog. I’v been reading this blog since 2012 before I came to US and applied asylum in Jun 2014. I put my self in the short list and did my interview in Nov 2015 in Arlington. I didn’t receive the decision yet and I go to the asylum office every 2 months to check the status of my case, they always say my case is with a supervisor. I’ve two questions please.
1. If I move to other states and change my address how will that affect my case?
2. Do you think they can send my case to court after I have been waiting the decision for 18 months?
I’m not from the 6 countries that Trump banned but I am a Muslim.
Thanks
1 – Usually, if you have been interviewed, they will not need to interview you again, so the case should stay in VA. However, if they need to interview you again, the case could move to your new asylum office, which might cause more delay. 2 – There is no way to predict that. A long wait does not mean you have a better (or a worse) chance of being granted. I have observed that cases of Muslim people, especially men, tend to take longer for a decision than other cases. Take care, Jason
Thanks for the great content Jason…
Hi Jason thanks for helping us.I have a question I applied for asylum case since Feb 2015 I sent medical report to expedite my interview and I contact with the senator but they answer they can’t do that for the next 180 days so can you please tell me how can I pot myself in the shortlist and it’s effective or no?????
The short lists do not exist in all offices, but if your case is complete, you can put yourself on the list. Contact the asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. I did a posting on February 26, 2015 where I discuss the short list. Maybe that would help. These days, though, the short lists are pretty long, and they may not be much faster than the regular queue. In any case, it does not hurt to be on the list, as it either makes the case faster or has no effect. Take care, Jason
Nice topic Jason
Maybe if you have time you could write about the backlog in the court system for the defense asylum hearing.
Yes, I do think I should write about that one of these days. Another fun topic. Take care, Jason
Hi Jason. Very good article for expedite the asylum interview. But my question is about court case. For example I have court case pending and same I have a long separation with my wife and kids I already wait almost three years for my first interview and now my case in court and they gave me date for master hearing I’m July 17. So I’m so worried about when they give me for next individual hearing date. So plz guide me how can I expedite my hearing in court. Because my lawyer says it is very difficult to expedite in court. Advance thanks for ur reply.
It can be difficult and it depends on the Judge (and the Judge’s clerk). There are things you can try: File a motion for a written Master Calendar Hearing and ask the Judge to schedule the individual hearing as soon as possible. To do that, your case needs to be complete and filed with Judge so you are ready to go. I suppose you can also file a motion to request an earlier Master Calendar Hearing date, but I doubt they would make it much earlier since July is only a few months away. As part of the motion, you can also present evidence to the Judge showing why you need a sooner date. Take care, Jason
I have submitted an expedite request before 2 month …i had son with congenital heart disease which i supported it with doctor report and this son is with me in us while my other son suffering psychological issues living with my husband in a third country also supported by doctor report
And its been 10 month since i submitted my asylum case ….how long should i wait to get responce for my expedite request??
Can i contact the USCIS office to ask about my request??
Thanks in advance for your kind reply
Normally, they should give a response in a month or so, but I have noticed that it has been slower lately. You can contact them to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Good luck, Jason
Thank you Jason for this useful .I got interview 5-months ago and since that time am did not hear any thing from asylum officer .Am separated from my wife and 3-kids they suffer a lot behind me they living in danger and some one broke my house while my family sleeping hart my 5-years sons .-steel every thing use gun against my wife -every day i can not sleep am unable to protect my family . Am from 6-countries that ban by Trump EO .Do you think they listen to me If i want to expedite the interview result regardless the decision .
Unfortunately, it is very difficult to make a case go faster after the interview. I wrote some ideas in postings dated October 21, 2014 and October 20, 2015. Maybe those would help. Also, if you inform them of the recent developments and give them evidence (police documents, letter from your wife), maybe it would help. Good luck, Jason
Hi Jason,
I have filed my asylum application in Arlington Virginia immigration office. Now I am going to visit my relatives to Minnesota.
Is any problem if I give fingerprint in Minnesota USCIS office?
Thank you for your collaboration.
Regards,
JOJO
It may be a problem. They have changed the rules about fingerprints, and they seem to be more strict. I recommend you wait and do the fingerprints in VA and then go visit your relative. If you do not get the fingerprints taken properly, it could affect your ability to get a work permit and it could also affect your asylum case. Take care, Jason
Thank you Jason
Jason,
I have a pending Asylum case and my first year of work permit will expire in 7/17/17, When can i apply for renewal 90 or 120 prior the expiration? is it getting renewed now for 2 years or still 1 year?
I tell my clients to renew 120 days before, but the I-765 instructions now say 180 days. You should receive a 2-year EAD. Take care, Jason
Hi
Is it OK to change address during pending I-485?
can i use my work address as a mailing address?
or can i just simply report my new address when i move and it will be fine?
You should make sure USCIS has your address, as they may be sending you correspondence. They need the address where you live, but you can use your work address as a mailing address. Take care, Jason
Thanks, Jason, for an excellent, informative article. I especially appreciated he anecdote about the client who “went rogue”, expedited behind your back and thereby lost your excellent representation. I would have done the same thing in your shoes, and it was kind of you to help him to prepare under those circumstances. You’re a good egg, Jason!!!!!
Thank you – right back at you. Hopefully, I’ll see you soon, Jason
Hi Jason
A short Q.
Befor my arrivel to the US within almost 9 months I got two threat calls from Taliban and the last was a threat letter, the threat letter is very credible and available in internet. I came to US not to seek asylum, but to study. After a month of arrival I was informed of a threat call that my father received because of me in which they threat me not actually my father. Then I decided to apply for asylum. Now if during those last 9 months back in Afghanistan- after 3 threats I was not harmed physically by Taliban or simply they did not do anything to harm me or were not able to harm me and I also did not stop my political activitis/writing, is it effect my case negetively to establish a well founded fear? And of course I had fear and still have.
My attorney did not help me much on my case and this month I am waiting for my reschedule.
Thank You
And also Taliban are not a small group, they were able to carry attacks even in front of the presidential palace, the highly guarded and safest place in the country.
You also need evidence of country conditions – to show that the threat is country-wide, and that the government cannot protect you. Take care, Jason
We do many Afghan cases and the large majority are like yours – they have threats against them, but they have not been physically harmed. We win almost all those cases (more than 95%), so you should be fine as long as you have submitted evidence of the threats and about your case in general. Take care, Jason
Thank u, Jason
Apology one more question , Is it important to ask them if it is delayed , if yes after how many days ?
I don’t think asking is very helpful, but you can inquire about the status of your case. Maybe do that every 90 days or so. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
Here also I was asking about delay in approved expedited request to be called for an interview ; would you please kind enough to answer from that angle ?
Dear Jason,
Greeting to you and I think better to explain also how long it takes after approval. Some individuals called for interview immediately after approval while others wait more than two months?
We have some clients waiting over two years since the interview, so post-interview delay can be a problem too. There is very little that can be done about such delay. I wrote about that issue on October 21, 2014 and October 20, 2015. Take care, Jason
Dear Jason ,
Thank you for usual swift response ; I am asking about expedite request approval not interview approval . Would you please throw light on both question at that angle?
If they have not responded to your expedite request, you can contact them and ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason