Last week, the Asylum Division changed the way it processes cases. Instead of interviewing asylum cases in the order they were filed (first-in, first-out), cases will now be interviewed on a last-in, first-out or LI-FO basis. We’ve been learning more about the reasons for this change, and I want to share what I’ve heard here. But before I get to that, I want to discuss another important change that has recently become apparent: The dramatic drop in grant rates for cases at most asylum offices.
The below chart compares asylum approval rates at the various asylum offices for the months of December 2016 and December 2017 (the most recent month when data is available). Admittedly, this is a snapshot of events, and an imperfect snapshot at that. Nevertheless, I think it illustrates a larger trend.
The left number in each column represents the number of cases approved during the month. The number on the right is the number of cases completed. The percentage shows the percentage of cases approved in that office. So in December 2016, Arlington approved 89 cases out of 317 completed, meaning that 28% of completed cases were approved. Conversely, 72% of applicants were denied asylum or referred to court, but that includes people who failed to show up for their interview, so the denial rate for people who actually appear is not as bad as it seems from the chart (as they say, in life, eighty percent of success is showing up). With that out of the way, here are the stats:
| Asylum Office | December 2016 | December 2017 |
| Arlington | 89/317 (28%) | 80/276 (29%) |
| Boston | 45/108 (42%) | 27/168 (16%) |
| Chicago | 75/186 (40%) | 80/362 (22%) |
| Houston | 28/119 (24%) | 58/437 (13%) |
| Los Angeles | 258/528 (49%) | 389/1195 (33%) |
| Miami | 73/243 (30%) | 76/650 (12%) |
| Newark | 118/358 (33%) | 155/866 (18%) |
| New York | 103/496 (21%) | 87/858 (10%) |
| New Orleans | 41/83 (49%) | 83/188 (44%) |
| San Francisco | 219/303 (72%) | 196/429 (46%) |
| United States | 1049/2741 (38.3%) | 1231/5429 (22.7%) |
So you can see that asylum grant rates are pretty dramatically down at most offices, and that for the entire country, they are down about 40% (from 38.3% to 22.7%) (you can see the source for these statistics here for 2016 and here for 2017). While the various grant rates could represent anomalies, they comport with larger trends, as shown in the next chart, which lists grant rates for the U.S. as a whole over the last few years:
| Fiscal Year | Asylum Grant Rate |
| FY 2015 | 45% |
| FY 2016 | 41% |
| FY 2017 | 34% |
| FY 2018 | 26% |
You can see from this chart that asylum grant rates have been dropping since FY 2015 (which began on October 1, 2014), but the decrease is more pronounced in the two most recent fiscal years (and of course, we are only a few months into FY 2018). Further, if the December 2017 data is any indicator, the grant rate is continuing to drop.
My first question–and be forewarned, I don’t really intend to answer these questions–is, Why is this happening? The temptation is to attribute the drop to President Trump’s anti-immigrant agenda, but I don’t find that explanation very convincing. First, grant rates began to fall long before Mr. Trump took office. Second, even after he was sworn in–in the second quarter of FY 2017–it takes months to implement new policies. Most asylum officers were hired pre-Trump, and that was especially true in FY 2017, since it takes time to hire and train new people. In addition, I have not observed any real changes in the pool of asylum officers that I meet (then again, the grant rate at my local office–Arlington–seems to have held steady, at least as illustrated in the first chart).
So if it’s not President Trump, what’s going on? One possibility–and I suspect this is the explanation that the Asylum Division favors–is that a higher portion of cases interviewed in recent years are meritless. In other words, as the backlog grew and delays became longer, people with weak cases were incentivized to file for asylum in order to get their employment authorization document (“EAD”). These people knew that their cases would take years, and so they filed mostly to obtain some status here and work legally. But now, as more and more of these people are reaching the interview stage, their cases are being denied. There is some evidence for this theory–according to the Asylum Division, of the 314,000 backlogged asylum cases, 50,000+ applications were filed more than 10 years after the applicant entered the United States. For various reasons, such cases are more likely to be meritless, and–even if they are legitimate–they are more likely to be denied due to the one year asylum filing deadline.
If this second explanation is correct, then perhaps there will be a silver lining to the recent change in how asylum cases are interviewed. If people get faster interviews, maybe fewer meritless applicants will seek asylum.
Whether or not this will work, we shall see. But a test is soon coming (probably). The Trump Administration has ended TPS (Temporary Protected Status) for El Salvador and other countries. It has also terminated the DACA program. This means that in the absence of a legislative fix, hundreds of thousands of people will have no way to avoid deportation other than to go into hiding or to seek asylum. You can bet that many of them will seek asylum (and indeed, given the violent countries from whence they came, many have legitimate reasons to fear return).
We know from a recent meeting at the Arlington Asylum Office that the end of TPS and DACA were two reasons for changing to the FI-LO process. But whether this new procedure will stem the potential tidal wave of applications, I have my doubts.
All this brings us to the final question (for today)–What does this mean for asylum seekers? As usual, I don’t have a good answer. People filing now can probably expect an interview soon and should submit all evidence so they are ready for the interview. However, if volume is too high, not everyone will get an interview. My impression is that if the interview is not scheduled within 21 days of receiving the receipt, then the case will “disappear” and will only be interviewed once the Asylum Office starts working on backlogged cases. It’s likely that some cases will disappear, since the number of people seeking asylum is still out-pacing the government’s ability to interview applicants. Also, there are (once again) increasing numbers of asylum seekers arriving at the U.S./Mexico border, and the Asylum Offices must devote resources to those cases as well.
Local offices control the expedite process and the short list, and it seems that most offices will continue to offer those options. However, the Asylum Division is expecting fewer “no shows” with the new system, and so there may be less slots available for expedited or short-listed cases.
Finally, under the pre-December 2014 system, when an asylum case was sent to Immigration Court, the judge would schedule a quick hearing date for any applicant who had not yet received his EAD (in an effort to dissuade meritless applicants from seeking asylum merely to get an EAD). It looks like the Immigration Courts will again be doing this same thing, and so if you have a fast asylum interview and you are referred to court, you should be prepared for a fast hearing date in court.
For what it’s worth, my impression is that the Asylum Division is well aware of the pain it will inflict by re-ordering how asylum cases are interviewed. But they are looking at the “big picture” and they hope that changing to a FI-LO system will reduce meritless applications and ultimately benefit legitimate asylum seekers. I hope they are correct, but until then, I fear things will be worse before they get better.
Hi Jason,
It seems that I have made already more than 10 days since I changed my mailing address and failed to notify USCIS about the change on with in the time frame (with in 10 days), does it have any effect? To your info my physical address is unchanged (including my ID) and I just got a new personal mail box to which I can receive mails safely ? While trying to change the address online I couldn’t see an option for mailing address change, it is all about address change to those who moved in general ?
Thanks,
Samuel
You should tell them as soon as possible, as this is a requirement and it theoretically could affect your ability to get status in the US (though I have never seen anyone have a problem for this). If you can only give a physical address on-line, maybe you can contact the asylum office directly with your mailing address. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason I apply for asylum like 3 years ago but I have no interwove so my interview white asylum office or immigration court .and can I apply for work parmit and advance parole together this like work parmit and advance parole same card thank you so much Jason take care
Under the LIFO system, it is unlikely an old case will get interviewed any time soon. I do not think you can apply for a work permit and travel document at the same time and get an EAD that is valid for travel. I am not sure about that, though, and maybe there is a way. You are eligible to apply for a work permit and Advance Parole separately though (I wrote about AP on September 11, 2017). Take care, Jason
Dear Jason,
I have questions.
I believe Advance Parole is restricted in removal proceedings, what is your view on this?
When I-589 is pending, we got permission to stay till the time case decided so we are not legit US Residents. We got EAD and working. Tell me where is written pending asylum seekers have to file tax return?
Nauman
If you are in removal proceedings, you cannot travel and return with AP – if you leave, you are considered deported and so you probably cannot come back. If you have a job in the US, you have to pay taxes. I cannot cite the law. Talk to an accountant, but failure to pay taxes could affect your ability to get an immigration benefit (including asylum). Take care, Jason
You can’t get AP from USCIS, but ICE can give it to you if they want. Still, be careful,if you get it from ICE
USCIS grants (or denies) Advance Parole – it is form I-131, available at http://www.uscis.gov. USCIS gives benefits like AP. ICE deports people, though it can grant certain benefits in some cases. Take care, Jason
Hi Jason,
I entered the united states in 2014 in B1/B2 visa. Applied for asylum in February 2015 in San Francisco. On February I move my case to Boston even though I knew Boston office was slower. It has been three years now. I don’t know how long this will take. Because it might take another 3-4 years just to get he 1st interview. I have not mwt my family in so long. Can I drop case and change my status to Student visa ? I dont think I can so this anymore.
You might try Advance Parole – I wrote about that on September 11, 2017. You could use that to travel and meet your family in a third country. You might also try to expedite the case – I wrote about that on March 30, 2017. If your only status in the US is asylum pending, you would have to leave the US and re-enter with a student visa. This will be very difficult, if not impossible. If you want to try, talk to a lawyer to explore the options. Good luck, Jason
Hello Jason and everyone!
I filed case in September 2014. Arlington office last scheduled interview before transition was for cases filed in July 2014, so I almost was there. It took 3 years and 5 moths to wait from September 2014 till February 2018, and if they run cases know backwards does that mean that with the same pace as they interviewed before it would take approximately another 3-4 years to schedule those who are now at the very tail (September 2014) of the line?
Thank you in advance, Sir!
We really don’t know what will be, but I do expect you will face a much longer wait. Maybe you can try to expedite? I wrote about that on March 30, 2017. Take care, Jason
Asylum start february 2015. Interwiem 2017 marc. Decısıon :December 20. Im goıng court. Jun 28.
Hi everyone!
Jason i have a question and if you can give me your opinion I really appreciate. I live between NY & PA, like 3 days in NY, 4 days in PA. My address for emigration is in NY. June i have Master Hearing, is this gonna be a problem?! I really appreciate
I think as long as you legitimately have an address in NY, you should be fine. We do tell the court or asylum office about situation like this, and it has never been a problem. Take care, Jason
Hi Jason,
I am not sure if my comment are submitted or not? Anyway I sent several comments in different articles.
I would like to say congratulations to Sara, fo her approval. And I have a question about my case. I had my interview on January 16 and the officer told me that they are gonna send my result and they are waiting for background check which might take from 2 weeks to 2 years!!!
I had an expedited file, he mentioned that and said about his awareness about my situation.
Do you think it’s a good idea to send humanitarian reason documents to expedite the decision??
This Sara didn’t get any approvals past the RA. I called them on 01/18/18 to inquire, and they sent me a letter a few days later saying something like: You didn’t receive your final decision because we didn’t send it. Hope this helps. 😒
But nice to know the timeline is 2 months to 2 years. Lovely, really.
“But nice to know the timeline is 2 months to 2 years! Lovely ” … Your are very funny Sara :)) LoL
Our situation is more like a joke than reality!
I was so happy thinking I finaly going to have my interview after this many years and now they suddenly decided to send us to the end of the line. Even in my dreams I never thought I would see this day!
America changes its rules every day. Never know what they will decide tomorrow! They like surprising us I guess!!!
One surprise after the other! I think I’ve been surprised enough for one lifetime….
Wow,
Are you the one providing advice? I read in the previous article that you have approved!!? What is RA??
I give advice sometimes. Not very good at it.
RA is recommended approval. It’s like when you win the race but they can’t give you your trophy before they run your background checks. Or you eat your veggies but your mom doesn’t give you the dessert she promised because she needs to run your background checks.
Le sigh.
Lol…so funny..but I’m glad u r still positive
And ur positivity make me feel better
👌👌👌
Sara,
I I think they are confusing you with another “Sara” that sometimes comments on the blog. The “Sarah” they are talking about just recently got her approval letter. Note that her name has an “H” at the end.
Anyway, remember I was telling you that you were going to be approved? I also feel like you will get your final approval soon.
Ha Ha Sara, you’re funny. Stay positive and keep that good energy. Remember you’re not alone in this endeavor; if that can make you feel better.
Thank you my dears. And, yes, we’re in this together 🙂
Jamie, yup that’s SaraHope. I’ll be waiting for your prediction to come true!
We have had no luck trying to expedite decisions, and I doubt it would work to submit humanitarian evidence about that. You can try; it shouldn’t hurt. It does sound like they are aware of your situation, so hopefully, they will do their best to get a decision soon. Good luck, Jason
Thank you so much dear Jason.
Hi Jason,
I have a question. I have a pending asylum application since Oct, 2015 based in Houston, TX. Whenever I moved from one address to another address I filled out their online AR-11 form and I got their acknowledgment letter based on changing address online.
My question to you is that, is there another office I have to inform my change of address a part from doing it online?
Thank you in advance.
It should be enough to do it online, but that does not always seem to work. You might also email them directly. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason, is it more likely to win the asylum case if I bring my lawyer to the asylum interview or to the immigration court ?
Hello Sam,
This is not a straightforward “yes” or “no” answer. Your lawyer is like a “buffer” (for want of a better word), that is, he or she helps to shield you from an unfair or adversarial interviewer/interview. The lawyer tries to ensure- as best as possible- that the interviewer follows the interviewing principles/practices that USCIS strives to achieve. In addition, your lawyer may also take notes which can later be compared with the notes the asylum officer had taken. This is sometimes important, especially if you were to be referred to immigration court, even though referred cases usually start afresh in court. Some lawyers act as a support system. Some even challenge the asylum officer. Aside from the aforesaid, there is not much the lawyer can do at the interview. It’s almost completely up to you at the interview.
However, if you were to be referred to immigration court, having a lawyer would definitely increase your chances of winning significantly. So, yes, if you were ever referred to court, definitely get an attorney if you can. I think Jason wrote an article on the benefits of having a lawyer at the “court stage” of the asylum process sometimes in December 2017. See the links at the right of this page.
If you haven’t yet submitted your I-589, there is no harm in hiring a lawyer to help you with the application- especially if you have a difficult case. Having an attorney at any stage in the asylum process if you can afford one, always, I believe, increases your chances of winning.
Jason will advise your further.
I think another advantage of having a lawyer at the interview is that you are not alone in the room with the office. Most officers are good and professional. Some are not. If you get a bad one, his/her behavior may be better simply because there is another person in the room who is familiar with the process. Take care, Jason
If the lawyer is any good, he/she can help you prepare a strong case and can help address any issues. Also, the lawyer can practice with you for the interview. All this should help. I wrote about this on July 7, 2016 – maybe that would help. Take care, Jason
I have to wait two More years to be apply for citizenship & also to sponsor my parents. However, my parents have been out of status of their A-2 visa. My dad retired a few years ago, and worked there for 30 years. He doesn’t have a solid case for asylum as the country is in Asia. However my parents are in their late 60s and not willing to go back home. I was wondering if I can apply for section 13 for them so they can receive their EAD (mostly to renew their driver licenses). I don’t know how long is the process for section 13. I heard people get denied really fast?? I am just afraid that they will get denied before I am able to sponsor them. Please let know what is best. Thanks!
I did a post about Section 13 on April 2, 2012. I think it is not a great option. Could they maybe go to school (F-1) for some adult education, or file to change to a B visa (form I-539, available at http://www.uscis.gov)? If they want to try Section 13, maybe talk to a lawyer first. It is not a great application, and most of them fail (at least most of them that I do fail). I would explore other options before they try that. Take care, Jason
Hello, Jason
I was applied for asylum since December 2014 and I missed my Interview because of address change, I usually change my address online and when I remarked delay I went to the office of Chicago to talk with them, they said! they never received my request for address change and they already sent to me my letter of Interview 3 months ago on my old address, after this conversation the agent asked me to write the reason of I didn’t receive this letter and she’s promised me to send the new one on my new address, Do you think its gonna take a long time?
I do not know, but you should follow up with them to make sure your case is not forgotten. Take care, Jason
I had the same situation, they sent me a new date. 40 days after the first one.
Good luck.
Thank you
Hi Everyone,
With kindly asking permission from Mr. Jason,
because USCIS stopped the scheduling bulletin, we can help each other by writing our case experience and waiting time in the comment section.
Please from now if you want to help write about your asylum office location, the date you applied for the asylum, and if you had your interview please write its date and your decision waiting time as well.
We can write these informations after asking our questions. Hopefully everyone read this comment and help.
Thank you.
For example in my case:
Los Angeles
Applied on December 2015
No interview yet
Thank you Mr. Jason for all your help.
Agreed…..this will help so much
Applied September 2015 Newark
Interview Jan 31st 2018
Waiting decision!
Hope it might give insight for those who applied in Newark
Thank you Dear Ello. Hopefully you will get your approval very soon.
Applied august 2016
Waiting for interview
Newark office
It is a good idea. If people notify us when they receive an interview, and give the filing date, we might start to get a sense of how things are operating (or not operating). Thank you, Jason
Thank you Dear Mr. Jason for all your support.
To everyone who read my comment, from here on out, we just got to lean on each other and be there to support each other.
Hopefully, we learn from Mr. Jason compassionate and supportive nature and do the same to help others as well.
Thank you.
Great idea, Liz! I think my timeline is the most posted one on this blog, but I know how helpful it was for me before my interview so we do what we can to help.
I-589 receipt: 04/27/15
Interview notice: 10/24/17
Interview: 11/15/17
Decision pick-up: 11/30/17 – Recommended approval
More waiting.
NY Asylum Office.
Thank you Dear Sara for your support.
I wish you get your final appoval very soon.
Thanks, Liz 🙂 I hope your interview gets scheduled soon!
Receipt: 11/12/15
Office : Miami
No interview yet.
Chicago asylum office
I-589 receipt: August 31, 2015
Interview notice: December 01, 2016
Interview: December 15, 2016
Decision mailed (they told me they were going to mail it and never offered a pick up option): Approval on January 17, 2017.
Thank you Thomas and congratulations on your approval. Best wishes.
I hope others continue to share as well.
Thank you in advance.
Good idea, Thanks Liza.
Mine is below
Applied: June 2014
Interview: Nov 2015
Decision: Still waiting
Asylum office: Arlington, VA
Why so long?? From a banned country?
I applied in October 2015. My case was expedited in June, 2016 and was interviewed in January 2017. Case thrown in the limbo. Yet, I was able to bring part of my family with AP. Asylum office: Chicago but interviewed on circuit ride. With the implementation of the new policy , I am absolutely lost. If I had known, I would have sought everlasting relief than putting myself under more depression. However, I still hope that the best is yet to come
‘Everlasting relief’. I am not alone.
Sure, I was about to be killed several times and if I want to be killed, the least I would do is going back to my country. But I would rather kill myself then going back
Did you bring your family using AP or humanitarian parole? If that latter, can you give some details about that? We have not tried it at my office, and it seems unlikely to work, but it would be interesting to hear about your experience. Thank you, Jason
Hey Jason, I used Humanitarian Parole. In fact, one of my kids fell really sick I thought near death and as with my employment -based insurance, I got all my family covered though they were outside the USA. I got some evidences from doctors back home that were evaluated by some American doctors that I submitted to USA. I explained to them that I was an asylum seeker and I asked them to let my wife and two biological daughters to come to the USA and they approved it. One thing, I remember, my humanitarian parole application got over 50 pages and my sworn statement got 10 pages in which I explain health related reasons, humanitarian , and political ones. I had applied two weeks before I got my interview and it was approved 4 months after interview. Yet, I still don’t know anything about my asylum decision.
Jason, as I appreciate you a lot, I may forward you all my application if you think it could be useful for your reference
Thank you for sharing that – If you don’t mind forwarding me the application, it might help. My email is jdzubow@dzubowlaw.com. Thank you, Jason
I think this will be helpful. Mine is Newark November 2016. Not interviewed yet.
I applied for asylum 065/06/2015
my finger prints done 05/22/2015
I had my first EAD 12/18/2015
my second EAD 11/30/2016
My Interview 09/07/2017
Recommended Approval 09/26/2017
Morning Jason,
Hope you’re doing well and God bless you for the guidance that you’re giving to us.
I am confused about one thing. On Feb 5th 2018 I received email from CIS Ombudsman that USCIS has issued a decision regarding my application/petition (by the way I gave interview in March 2017 and second interview in May 2017).
But today Feb 9th 2018 I got a reply against my query from Newark Asylum Office that my case is “under review”.
Can you please guide me what may be the reason of this conflict. I recently discovered that they are changing the process again to LIFO system. Will that impact my decision? or may be they have already made a decision?
I doubt the LI-FO will make any difference for you. The answer you got is strange. Can you tell the asylum office about what the Ombudsman said? Maybe you should try to go in person to ask. I do not know if that will help, but if it is nearby, maybe it is worth a try. I guess you could also contact the Ombudsman and tell them what the asylum office said, though that seems less useful, since the Ombudsman is not the office that will issue the decision. Take care, Jason
Well I have communicated both of them about the differ in their statements. Currently I’m in Washington state so it’s not possible for me to go to Newark NJ.
Anyways I hope they have already made a decision as I do not know if CIS Ombudsman do their query in the backend officials or the normal upfront officers .
Thanks
Hello Jason. Thanks for your help. Do you have any case with Judge Snow? Is he still taking cases or transfering to other Judge after master hearing ? Thank you again.
I have had many cases with him – he is one of my favorite judges (not always the easiest, but one of the best). I do not recall whether he is scheduling cases or setting them for a different judge. Arlington is getting some new judges, and the scheduling process is a bit chaotic. Take care, Jason
Thanks for reply. Thank you
Hi Jason: how would the recent changes affect Recommended Approval cases?
It has no effect in and of itself. The question is whether they will turn their attention to new cases and have less time to complete other cases, such as RA cases. I doubt this will affect RA cases, since the background check is usually the reason for the delay, and this is not done at the asylum office (though the asylum office initiates it). We will have to see how things go, though. Take care, Jason
My 12 week daughter has medicaid n I receive wic cheques…should I stop taking those cheques?
Never got close to any govt benefits but if I were you, I will continue to take since it’s already on record. Afterall, I am not sure the question will be how many times you received. It may likely be, have you ever received?
Don’t take me seriously though. I am annoyingly goofy and once you see me very active here, depression is controlling my fingers and every part of me. I have not slept more than 3 hours a night in the past week.
My situation is same is yours…my 2 little kids are back in the country..lawyer said he expedited twice but asylum office says u have no expedition request
I can’t advise you about that – I do not think asylum applicants would be affected by the public charge issue, especially not in their asylum case. If you are worried about it, you can talk to a lawyer to research it. Take care, Jason
Hello Jason,
Thank you again and again. Most of my knowledge about Asylum I got them here. Actually, I have a question.
I applied for Asylum back in June 2016, in NY office and I’m single. Recently I suffered from very hard anxiety and depression. I went to see my doctor who referred me to see a chiropractor and a psychiatrist. I went to see the chiropractor and I was very relentless to go to see the mental health therapist. As a coincidence, while I was dealing with a new rise of my anxiety and depression and finally decided to go and see a doctor, I learned about the new rule on asylum interview process.
I went to the New York Office and asked about any possibility to add my case on a “Shortlist” and seemingly the representative did not know about such process, instead, she proposed me to try to expedite my case base on the fact that I articulated.
Do you think that can use my upcoming medical appointment result as the basis to expedite my case?
My lawyer was going to send a letter to request to expedite my case with any supportive evidence, it is acceptable to be granted an expedition without evidence?
Thank you for your answer.
You can try to expedite without evidence, but it is more likely to work if you include evidence. We recently expedited a case of a single man based on depression and anxiety. I was a little surprised it worked, but it did. But that was in the Virginia office. Take care, Jason
I asked Virginia office to expedite my case due to depression, not only just mental issue, but it physically affected my body in a bad way. I had letters from doctors, and other evidence, and they said they can not expedite. I feel that there is a certain amount of luck that is involved in expediting.
I agree – a lot of it is luck. One question is whether now is a good time to try to expedite (due to the chaos of the new policy) or a bad time. Who knows? Take care, Jason
leaked executive order is here: refugee and asylees are not subject to public charge, so we are safe from this for now.https://cdn.vox-cdn.com/uploads/chorus_asset/file/10188201/DRAFT_NPRM_public_charge.0.pdf
Yeah, they are targeting legal immigrants like we all expected. I feel very sorry for everyone that this is going to affect if it does get implemented.
As for us, we pop up on page 241 and it reads: “refugees and asylees at the time of admission and adjustment of status…”, and has me wondering what they mean by “at the time of admission”. Is it at the time of being admitted into the country, as in at the border/ port of entry? Is it vague on purpose to allow USCIS to interpret the wording as it best serves their interests or the interests of this administration? Either way, this hasn’t been written into any law yet, so maybe it will be worded better then. For now, it will just keep me anxious tonight.
I would not spend a lot of time worrying about this. There are plenty of other things to worry about….
True that.
I think it is “at the time of admission ” for refugees and “at the time of adjusting status” for Asylees.
Oh, that makes sense! Thanks, Allen!
I still don’t get why they talk about the taxpayers’ money like it doesn’t include immigrants’ tax money, as a basis (supposedly) for these proposals.
Maybe there’s something I’m missing?
Bcoz they dont want to. Please the base baby.
And the masses seem oblivious to that fact. They’re just fixated on how THEIR tax money, theirs alone, goes to paying for “all those illegals”. Oh well.
Sara, for example, I pay nearly 16K in employment taxes (plus my consumption taxes- phone, internet, light, food, clothes, transportation, etc.) and yet every year they say I owe them taxes but can’t tell me why/how. My spouse pays nearly 18K. I have had professional tax people look over my W4 and can’t seem to tell why I keep owing them. But, I bet they wouldn’t mention that even asylum applicants sometimes pay so much in taxes. Do they even understand that immigrants (documented or undocumented- as everyone person has to consume services) also contribute in taxes to businesses, government or otherwise?
They need to just come out and say they simply don’t want any black and brown immigrants coming the country and stop pretending like they have legitimate concerns or reasons to stop legal immigration.
I would not count on that kind of honesty from our current overlords, though it would be refreshing. I wrote about a government study of the economic effects of refugees, and how the Trump Administration squashed it, presumably because they did not like what it said (that was on September 27, 2017). Take care, Jason
@Jamie:
Agreed, sis. I just don’t know why the situation has to keep getting worse. Haven’t they done enough? If this goes through, so many people are going to suffer.
Hi Jason,
Thanks for creating this amazing Q&A threads and the blog. This page is the only place that I feel comfortable discussing my status.
Given the recent changes with FIFO- to LIFO has anyone had any interview dates scheduled? I had my case submitted in October so I am wondering what will be the wait window for me?
Thanks
We recently had a case scheduled for an interview on February 26. The case was filed in mid-January. For cases from last year, the asylum office will have to work backwards, and whether they reach you soon or not will depend on the number of cases coming in. I think this will vary by office. However, it is possible you will get an interview soon, so make sure you are ready in case that happens. Take care, Jason
Hi Jason,
Thanks again for the update. Spoke to my lawyer yesterday and she kept saying that my interview will not be soon given the amount of interviews they conduct in SF office so I am not sure what to make of it. I’d hate to go there unprepared or have her finish my case last minute. Any suggestions? And do you think USCIS takes into consideration the fact if you have received your EAD or not (I havent yet for example).
THX
You can gather all the evidence for your case, and finish your statement. Then you will be ready if you are called for an interview. The fact that you do not have an EAD should have no effect on the time frame for your asylum interview. Take care, Jason
The case filed in mid-January and scheduled for interview on February 26,
1) Is it an affirmative or a defensive application ?
2) The year is 2018, right ?
Thank you in advance for your reply
Yes – the new system is very fast (though I suspect that not all cases will be interviewed because I think they receive more cases than the can interview). Take care, Jason
Hi Jason, I just saw this on the net.
“The Trump administration is considering making it harder for foreigners living in the United States to get permanent residency if they have received certain public benefits such as food assistance, in a move that could sharply restrict legal immigration.
The Department of Homeland Security has drafted proposed new rules seen by Reuters that would allow immigration officers to scrutinize a potential immigrant’s use of certain taxpayer-funded public benefits to determine if they could become a public burden.
For example, U.S. officials could look at whether the applicant has enrolled a child in government pre-school programs or received subsidies for utility bills or health insurance premiums.”
Please did you hear about this? If yes plz can u give me more informations?
Thanks
It always been there
It’s always been there.
this is new regulation, seach google: a lot of news about this today. https://www.google.com/search?q=The+Trump+administration+is+considering+making+it+harder+for+foreigners+living+in+the+United+States+to+get+permanent+residency+if+they+have+received+certain+public+benefits+such+as+food+assistance%2C+in+a+move+that+could+sharply+restrict+legal+immigration.&rlz=1C1CHBF_enUS766US766&oq=The+Trump+administration+is+considering+making+it+harder+for+foreigners+living+in+the+United+States+to+get+permanent+residency+if+they+have+received+certain+public+benefits+such+as+food+assistance%2C+in+a+move+that+could+sharply+restrict+legal+immigration.&aqs=chrome..69i57j69i64&sourceid=chrome&ie=UTF-8
I apolgize Allen. Just followed your link. Seems like an expansion of the old.
Oh…this is really disturbing. Asylum seekers are considered needy people and shouldn’t be punished for using the public benefits they are entitled to. my wife used medicaid just for 2 months during pregnancy until I bough my own insurance through my employer. However, I’ve been paying a lot of tax and will continue to do so until I am eligible to apply for Green card. I hope this will help to prove that I will not be a “public burden”. Jason, what do you think about this?
Yeah, and I sure as h3ll plan on sending my little one to public preschool. I could have sent her to the best private school with the money I used to spend on styling my hair alone in any given year before we came here, and had to go through savings at an exchange rate of WT:F before we could work.
😀finally, I smiled.
I think this thing about not being a burden has always been there. I cannot remember where, but I have seen it before.
It has, and it was particularly used in the bad old days of the (literally) racist immigration quota law of 1924. Will anyone be surprised if our government tries to take us back to the roaring 20’s?
Haha yay!
Also, why would we be any less entitled to certain benefits when we pay as much as we do in taxes???
We may be safe from this but who knows:
https://cliniclegal.org/resources/it-safe-immigrants-receive-public-benefits
Not Subject to Public Charge
Certain categories of non-citizens are not subject to the public charge ground of inadmissibility and thus are not subject to the affidavit of support requirements. These include the following:
Refugees and asylees
Amerasians
Aliens adjusting under the Cuban Adjustment Act
Aliens adjusting under the Nicaraguan Adjustment and Central American Relief Act
Aliens adjusting under the Haitian Refugee Immigration Fairness Act
Aliens adjusting as self-petitioners under the Violence Against Women Act
Applicants for U nonimmigrant status
Applicants for T nonimmigrant status
Special immigrant juveniles applying for adjustment of status
Applicants for cancellation of removal
Lautenberg parolees seeking adjustment of status
Applicants for registry.
Do not confuse the category of aliens not subject to public charge with those who are subject to public charge but are exempt from filing a binding Form I-864. For example, the affidavit of support requirements are not applicable to widows or widowers applying for LPR status based on a prior marriage to a U.S. citizen. However, the public charge ground of inadmissibility still applies. Other aliens exempt from the I-864 requirements but still subject to public charge would include fiancé(e)s, diversity visa lottery winners, parolees, and returning LPRs. They may be asked to submit the non-binding Form I-134, Affidavit of Support, which is covered in the next section.
Thanks for all the info, Allen!
And all the best in your interview 🙂
Thanks Sarah!
Thank you for that, Jason
I don’t know, but hopefully it will not apply to refugees and asylees. That would not make much sense (and it would arguably violate our treaty obligations to resettle refugees). Of course, much that is happening these days makes little sense. Take care, Jason
I don’t know anything about it, but it is in line with their pattern of mistreating non-citizens. I am sure it is another way to make our country great again. Take care, Jason
Hi Jason, 3 days after receiving schedule notice from the asylum office (1.5 year after filing), I received a notice of action from the asylum office saying: USCIS is able to reuse your previously captured fingerprints and other bio-metrics.USCIS will run the same security checks and use your biometric data as in the past, however, it is Not necessary for you to appear at a USCIS center for biometrics appointment. USCIS will contact you in writing if any additional information is necessary.
Does this mean they just started to run the long background check process on me? I though the long check will start as soon as we provide fingerprints after placing the application. I am not sure if USCIS will run another quick background check before the interview.
Good luck dear; which office did you apply to?
It may just mean that your fingerprints “expired” and they are notifying you that they do not need you to do them again, since they can just automatically run the check. In other words, I think this has no meaning. But as usual, I am not sure. Take care, Jason
[…] The Asylum Office is Getting Tougher (Probably) (The Asylumist, Feb. 2018) [text] […]
It true, but it is a very unlikely true article in wrong time. As all the asylum thing (??? Why asylum thing, I am not a doctor.) getting worse. Does anyone know if who has received the decision after months and that is approval? I think if it is delayed more than a month or longer, the decision gets sh**. Is it?
We have gotten some approvals lately, and we have had many clients wait for months (and sometimes years) and then get an approval, so it is possible to win even after a long wait. Take care, Jason
Hi Jason,
I just saw the news about establishing a national vetting center. As a person with a pending asylum case, it worries me as I might want my family to try to apply for a tourism visa to come here. I haven’t seen them for 3 years, and I don’t know how much longer it will take for me to get asylum and then green card to see them again if they can’t get a tourism visa. So my question is, will this new center have any impact on my family applying for tourism visa as they might find out I am here in the States and that might make my family appear to have immigration intention? Thank you so much! It’s been so stressful lately with all the (bad) changes…
The vetting center would not open until at least next year, and I do not think it does anything new – it just consolidates different jobs that are already being done. If the embassy knows that you are here, and have filed for asylum, it could make it more difficult for your family members to get a visa, but this is more of a problem for spouses and minor children than for siblings and parents. Take care, Jason
hay Jason, I remember an old blog where you discussed the hardships of a family of Asylum seeker, when her sister was called by the US embassy and asked to withdraw her B1/2 visa because her sister was in states and asylum seeker.
it was april 2014
http://www.asylumist.com/2014/04/18/family-members-of-asylum-seekers-beware/
Feh – I did not see that before I posted. I swear…
April 18, 2014 (I have them all memorized by date). Take care, Jason
Thank you Jason!
I want to ask a question. I’m waiting for the 150 days. Will I still be able to apply for working authorization?
If you apply for asylum, you can file for an EAD after 150 days, as long as you don’t delay your case before that time (actually, you can’t cause delay before 180 day; otherwise, you may not get a work permit). Take care, Jason
Hi Jason and everyone in this blog
I had my interview on Jan 31st in Newark office and waiting decision my mail. I checked my Z number on Case status tool and couldn’t recognize the number. Does that mean it is not being decided? Or is it common for people waiting decision?
You normally cannot check your asylum status on-line, but there is a theory here that if it does become available on-line, it may mean that the case was granted. I am not sure about that, but I am pretty confident that in your case, there is no issue – most people’s number would not be check-able on-line. Take care, Jason
Thank you so much! God bless u!
You can checked online after you pick up your decision
Or your decision mails to you.
You just interviewed on 31st so at least you have to wait
Untill Feb 14th so when you pick up decision you will not need to check online because you will know in front of you
But if they call you and tell you about your decision will mail to you that you cab keep checking every day online
Hello Jason
I’m still confused on the backlog, I filed in August and got my receipt on September, i have my case ready and some evidence will arrive this month, as you put it, backlogged cases are third priority, but it’s still posible I’ll get my interview soon, right?
Maybe – it just depends how the asylum office moves through cases. We will see. Take care, Jason
Really i appreciate u for your information whats going on in uscis asylum offices with tangible data abt the current status of asylum seekers granting rate.with regards
Really i appreciate u for your information whats going on in uscis asylum offices with tangible data abt the current status of asylum seekers granting rate.with regards
hey Jason
so i recently applied for asylum here in michigan and now iam changing my mind about the asylum thing because iam a doctor and i dont want to risk my future since i got my visa and its still valid, iam thinking to go back to Jordan and finish my exams and come back but not for asylum but to continue my carrier so do u recommend i do that and if that is going to affect my future visa approval
thanks in advance
What is done is done. Even if you withdraw your case, it still affects significanly your non-immigrant visa in the future. However, if you are here on H1b like work visa and you are coming with the same type in the future, asylum doesn’t affect because work visa is a immigrant visa type. so , you can still come to work but cannot get B1 type visa for a long time.
I agree that it may be easier to get an H1b than a B visa because H1b is “dual intent,” but if he gets the deport order, any type of visa will be hard to get. Take care, Jason
Dear Mr. Doctor,
Do you really fear returning to your home country or was just trying to find a loophole in current immigration system to stay in America and as soon as have realized the LIFO system have changed your mind. Bcoz your so called asylum THING (as you referred it)is a lifeline for many of us who have been waiting since 2013 to be called for an interview to present our cases in front of the asylum officer and unfortunetly now in the last of the line again not to mention also many seperated from wife and kids.
Also as you put it you are a doctor and dont want to risk your future and have decide to go back and finish your exams, we really dont understand you risk your future by going back or not going back to your country.
Here is the real answer to your question. It will be next to impossible for you to get a visa in future bcoz you claimed while in USA that you fear returning to your home country and your credibility will be Zero, Nada.
This is the reason the asylum office started the LIFO system.
@Adam
Yes and I am all for this new LIFO system even when it hurts myself the most. Actually it was LIFO when I applied and then they changed it to FIFO. Anyway.
I understand why you might be angry about what he wrote, but my guess is that he is not from Jordan – he is just there on a temporary visa to study or work. I could be wrong, but I have seen a lot of Iraqis and Syrian who have done that, and Jordan is not a permanent solution for them. Take care, Jason
Jason, I do not know how you do it, but you are almost perfect. How do you manage to find the good/truth in every comment? ‘the asylum thing’ according to ‘doctor’ speaks volumes. I imagine you being a judge and granting 95% of all your cases, because, you always find ‘a benefit of doubt point’.
It’s possible that the OP misspoke, or didn’t word what he meant to say, correctly. We also don’t know the whole story, and why he now has the option to return.
Jason has the experience and wisdom to realize that. I also get why his post rubbed you and Rsv the wrong way, hence my reply to Rsv.
I meant my response to Jason as a compliment, because truly, he sees the best in every comment..When I said he would grant most of his cases as a judge, I meant it in the sense of him, seeing beyond what we (i) perceive or read. I also read Doctor’s comment at a wrong time, so I may have overreacted. One of those times that life is so meaningless, I drive to work and get stuck in my car, thinking of what to do.
Hey Tina, replying to your first comment because I don’t want my reply falling to the bottom.
I know what you meant — it was very sweet and thoughtful of you, actually, and also well-said as always 🙂
I’m having a lousy day, too. Hope we both have a better day tomorrow!
I’m a lot nicer here than I am in person…
Sorry Tina but thats not a good imagination. I know you dint mean it in a bad way but bcoz we love Jason i still want to comment that we imagine him to be always true irrespective of any numbers game.
True sir. Thanks for your reply.
Your point?
Hey Rsv,
Nice to see you still keeping it real around here 🙂
I hope they call you for an interview soon after they weed out the frivolous applications that caused us all to suffer unnecessarily.
Thanks Sara I hope so too.
Lol you guys are brutal !, as far as i know Jordan is pretty safe country and doubt op is from their, rather a 3rd country he seeked refuge at temporarily, as Jason said probably Syrian or Iraqi and since Jordan don’t offer final solution for refugees many of them apply here or through UN.
It may affect your ability to get a visa in the future. One thing you should do – try to withdraw the asylum case. If you cannot, you will eventually have a deportation order, which will make it much harder to return here. Contact the asylum office and ask about withdrawing. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I hear “try asylum”, oh! it has become strict and no more EAD for years so I better go back. Why go back to a place of feared persecution and be free enough to finish your studies.The glimpse of light on this dark tunnel of LIFO is, there will be less “try asylum”. If only people could realize that some people’s lives depend on this and not a “try and see market place”.
Not being judgemental, just baring my mind.
“Asylum thing”
Mr. Doctor, I suggest you go home and study for your exams. If not, I am sure this asylum thing will teach you the lessons in life exams that you will prefer the death (u r scaping from) wayyyyyyy better then live in stress and problems. Asylum thing!🎃
Hi Jason and thank you for the valuable information.
I just want to make sure if it’s correct or not that having a PHD degree could make your case stronger.
It would depend on the case, but I imagine it can’t hurt. Take care, Jason
Hi Jason,
I am Kusher, my asylum application is pending since 2015.
I had hope for interview with in couple of month but they changed the rules so I am not sure how long I have to wait more.
I am planning to expedite my case, I have 2 daughters both are in collage and I am paying college tuition fees it is very difficult for my family they can not get any scholar and for good job they ask if we have Green card. My doughers one studying computer science and other medicine. so please let me know if I can apply for expedite my application is in NY AO.If I can apply, can you send me the link or Form name please.
I look forward your response.
Thank you.
Kusher.
You can try to expedite on this basis – I wrote about that on March 30, 2017. As for the process, you need to contact the asylum office and ask them. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thanks again for providing us all valuable information through your articles and write-ups, pretty informative and insightful.
So I recently did physical examination for my green card application and as you are aware the civil surgeon gives a copy of the I-693 to applicant and sends one sealed one to USCIS. I noticed in the copy given to me the version at the bottom right corner is “02/07/17” which means the civil surgeon has sent this one to USCIS in the sealed envelope. Now for my own curiosity when I downloaded a form ( I-693 ) I saw the version 10/19/17 however both of these two have the same expiration on top right corder “OMB No. 1615-0033 Expires 02/28/2019” Now ever since I noticed this mismatch in version number in this I-693 form I have become very worried, I don’t know if USCIS is going to reject this medical examination just because it doesn’t have this latest version number on it. I am worried, because it is the second time I am doing this medical examination the one I did first time got expired because as per USCIS these medical examinations have a one year validity. I just don’t want this to further delay my GC processing. Please help shed some light on this.
Thanking you in advance.
You can ask the civil surgeon for a copy of your exam and then you can check the form online to make sure it is a version that USCIS will accept. If not, you can inform the doctor and she/he should do the correct form. Also, make sure that the doctor mailed it in. Normally, the doctor gives you the sealed envelope and you mail it with a copy of the USCIS request for evidence letter. Take care, Jason
Dear Jason,
Today I got the decision of my pending case, and it is referred to court, I am little bit upset but not going to stop here defiantly I will pursue my case in the court. I would like to change the attorney as I’m not satisfied with current one. How many days do I have to reply to the court for continuing of my case?
Thanks
DearJimi;
No worries you have to prepare well and hopefully you will win your case. Meanwhile can you share your time line here. Thanks a good luck
What office?
New York
Did you to pick up your decision or mail ?
The court will mail you a notice about your first appearance. You can also call 800-898-7180 and enter your Alien number when the computer asks for it. Follow the instructions and then press 1 – it will tell you your next hearing date (if you have one scheduled yet). You can change lawyers at any time – that is your choice. Take care, Jason
Thank you Jason, I’ll also consult you about my case, would you mind to tell me how would I approach you? And is there any fee for cosultation? Thanks
You can email me, but my availability is pretty limited for the next two weeks: jdzubow@dzubowlaw.com. The consultation fee depends on the case – it varies from 0 to $200. Email me and I can send you info. Take care, Jason
When is your master hearing please?
Is it safe here to share the date? I don’t think so..
Hello, I did talk to a lawyer and he said that he thinks that this changes will only affect people who are crossing the border by land, not those who come by air.
What do you think about this Jason?
thank you in advance for your reply.
read Jason’s previous article and all the comments. You will know everything you need.
If the lawyer is talking about the change to the order of interviewing asylum cases, he is wrong. All cases are affected. Take care, Jason
I wouldn’t hire that lawyer, Ralf.
Hi Jason, you are a blessing to many people in need. Jason my asylum was referred to court in the mmean time my husband’s and me with family U visa got approved. I still have no MCH is there anything I can do or just wait for the hearing?
You may be able to close the court case based on the U visa. Talk to a lawyer about that. You can also go to the first MCH and bring copies of the approval to the court to show them. Take care, Jason
Marcia Alberts pls how did qualified for the U-uisa. Thanks
Just got a phone called from Asylum office to confirm
My address.
I supposed to pick up decision on feb 2nd but got a phone call on Jan 31st. My decision will be mail. I have been waiting only a week.
They told me they will mail it out. I will get it within two week
It is very common for pick-up decisions to change to mail-outs. It has no meaning in terms of the result, but you cannot predict when they might actually send you the decision. Hopefully it will be good and soon. Take care, Jason
Just checked my Z number” I-765 wave the filling fee”
Is that mean case approved?
I’m told that this is what it means! Cannot verify that, though, but applicants on immigration forums have said that that’s what it has meant for them (an approval).
Hope you get a confirmation soon!
On immigration forum that mean case approval.
But I have to wait for the confirmation.
At least that does not mean case is denied.
Hi Sara
When you got recommended approval Can you check uiur Z number?
If you do get confirmation, please let us know. Thank you, Jason
I’m replying to your older comment because I don’t want my comment falling to the bottom without you seeing it.
So yeah, I check my Z number at least 657 times a day and it’s still not recognized on the “my case status” tool, so hopefully a final approval notice is on its way to you.
Recommended approval SUUUUUUUCKS.
Do not worry you will get that. At least you almost done.
Thanks, NYC. It’s my RA’s 10 week anniversary today and I’m starting to get very frustrated and impatient.
Hope to hear some good news from you soon.
I don’t know, but it might be worth contacting the asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason! My case is pending as of 29/11/2017. I sent the application without any other documents. Now I’m almost done with the package (personal story, evidence, official papers etc.) I’d like to ask you two questions.
First, should I send them as soon as possible to the USCIS office or should I bring the package to the interview? I’m especially afraid not to stop the clock.
Second, I will move from NYC to LA soon. But I didn’t want to notice USCIS anyway because I preferred NYC office due to huge delay with an interview in LA. Now it has no sense. So I’m going to notice the government my new address as soon as I’ll move there. Meanwhile, I’m still afraid will it be taken by authorities as kind of fraud to get 150-day limit for EAD?
Thank you so much for your reply!
If you move without telling them. When they do background check you will get a problem.
Got it! Thank you!
1 – In our office, all documents must be submitted at least one week before the interview (and make sure to keep a copy for yourself, as it is very common for them to lose documents that you submit). Different offices have different rules, so you might want to contact your local office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – Under the old system, moving had no effect on the EAD process, but I do not know whether that is true with the new process. You might want to ask the asylum office about that as well. Take care, Jason
Thank you, Jason!
Dear Jason, is there the post regarding the procedure how to send documents after initial filing in your blog? Or may be you would share some useful link of on what I should pay attention when filing the rest of the case? Thank you so much!
I did not do a post on that, but I should put it on the list. You normally have to submit two copies of each document, and you need to submit it according to the rules of the asylum office – in my local office, you have to submit documents at least one week before the interview. I think if you look at the asylum form instructions, I-589, available at http://www.uscis.gov, I think it provides some guidance about evidence. Take care, Jason
I don’t think the change in interview order will work on reducing the application numbers. The thing is not how hard the interview could be if the preparing times dramatically shrink or the time they could hold EAD also shortens. In many original countries where the applicants are from, there lacks the basic human rights that how soon the application will get interviewed then looks so tiny tiny thing if being compared to it. It’s an important decision to be an asylum seeker here for each one. I never see many whose primary intentions were to stay and work for a couple of years and careless about the asylum things.
I tend to agree with you. Even those cases where the person applied after 10 years are often legitimate. No doubt there are fake cases, but I do not feel very confident that the LI-FO system will do much to change that. It is much more difficult for people to cross the US/Mexico border, but they keep coming anyway. Even if the asylum process becomes harder, it may not be much of a disincentive for people who have no real alternative. Take care, Jason
Hi Jason,
I always like to read your blogs. Thank you for your good work.
My question: My case was sent to the immigration court beginning of 2014. And still i have a year and half wait times to appear before the judge. Could the current change affect my case? I am so desperate because i am raising two little kids by myself since my husband is still back home. Life has been really tough for me.
Do you think it helps me if i apply to expedite my appointment?
It is difficult to expedite court cases, but you can try – I wrote about that on April 20, 2017. As for the change, we will have to see. If courts are also going to try to expedite these “quick interview” cases, then they may have to re-arrange their scheduled as well. This will be more difficult, so hopefully, you will not be negatively affected. Take care, Jason
Seriously? You have waiting for your case to ne heard for 4 years?
Thank you jason for sharing this valuable information.
hello Jason, my dad went to court 02/05/18 and the judge gave him the opportunity to appeal in the case of CAT AND WITHHOLDING ACT, what can happen now?
Dear Jason, can you please tell me by your experience, what we can expect from the appeal??
I can’t tell without reviewing the case – some appeals are relatively easy to win; some are close to impossible. Have a lawyer review the case to determine the changes for success. Take care, Jason
If his asylum was denied and he was granted CAT (Convention Against Torture) relief, he can appeal and try to get the appeals court (the BIA) to overturn the Judge’s decision and grant asylum. The judge should have given a deadline for the appeal, and he must follow that if he wants to appeal. Otherwise, the order is final, and he can stay in the US with CAT (which means he gets a work permit, but he cannot ever get a green card or travel outside the US and return). Take care, Jason
There are exceptions, but as a rule it seems that when asylum offices work at a faster pace (i.e., complete more cases in a 12 month period), their denial rate increases.
It could be because they are now processing cases that are quickly identified as meritless.
However, it could also be that they are given less time to mull things over, and if there is any doubt at all they kick it to court so that they can keep their pile from getting too high.
I don’t know, but I do not think cases are pre-screened to determine which ones are meritless. They may now be pre-screened to see if they filed after the one-year bar. Such people will have an option to skip the interview and go directly to court. We will see how many people choose to go to court. Take care, Jason
Hey Jason,
How are you doing. I am reading your blog for a long time and good for knowledge. Specific to this thread, my understanding is that delaying is not a good idea because circumstances and evidence change over time. Request for Expediting the asylum case with solid reason shows the asylum seeker intention that he or she is a genuine and legit.
Pursuant to my case, I had applied my asylum in December 2014 where as I arrived in the US in March 2014. The USCIS somehow lost my application hence did not receive the acknowledgement. I applied once again in December 2015 and now my case has been referred to the Immigration Court in New Orleans with the date May 2021.
My question is, can I file a parallel petition in Federal Court against USCIS for negligence and delaying the case?
Thanks
I doubt it, but I am not sure, and I do not know exactly what that would be. You could talk to a lawyer about it to see whether it is possible. Before you do that, you might want to get a copy of your file (to see if there is evidence of the first filing). Use form G-639, available at http://www.uscis.gov. This is free and probably takes 5 or 6 months. Take care, Jason
I think if it could be implemented properly, this is actually very good news. I moved to SF and have met many other asylum seekers and most of them are just filing asylum for work permit and legal status without any merit. One person even told that he filed on basis of lgbt but i have seen that he actually hates gays, and publicly states it . That makes me sick, because of such people we were waiting and it seems we are going to wait even longer! I have waited more than 14 months now (filed in LA, DEC 2016) and I was hoping to get an interview this year but it seems I am going to even wait longer. Okay, fine – faster processing times is a good thing, but happens to poor people who are like us?
A better way to do this would be to interview people who filed prior, sticking to the old schedule but also the new applicants at the same time. Otherwise at this pace we are not going to get an interview in a million years. I don’t want to sound selfish, I do think everybody has a right to seek refugee, but some of them I have talked about are saying that they will return to their country after they make enough money and just see this as a workaround. I know If I could return, I would this second. But I can’t, unlike them.
But as I said, it is not easy to implement this. I am sure this will surely scare those meritless applicants. But if the system was working right, we wouldn’t be in this situation at the first place anyway. How are you going to interview all those people if you do not have the resources? Just hire more officers, it wouldn’t dent your budget. Besides government wants to get rid of people anyway, right? They can figure it out!
I am sorry Jason, I hope you can understand my frustration. I am not really adding anything here but I wanted to share because I can’t really do that anywhere else.
Miller, you have a duty to report this fake person to USCIS- the one who claims he is LGBT but in actuality hates members of the LGBT community. These kinds of frauds are partly to blame for this quagmire that many us of unfortunately find ourselves entangled in. I am very livid right now, especially since you said that he hates people of the LGBT community.
It may simply be that he is a liar. Or it may not be that simple – maybe he is, in fact gay, but due to repression, etc., he is “acting out” towards gay people. It is hard to know what is another person’s mind. Take care, Jason
My thoughts exactly when I read that, Jason. Lots of closeted gay homophobes out there.
I really hope he doesn’t get granted if he’s lying, though.
The liars do screw it up for everyone, but for the asylum officers, and for me too, it is very difficult to know who is lying. Take care, Jason
This is not the first time I have heard of guys (and it’s usually males) filing for asylum under the guise of being an LGBT member. I have a friend who has a friend that did it. And the guy was a complete fraud- not closeted, but fraud. If people can do fake marriages then what is to stop them from filing fraudulent cases?
On the other hand, I have a friend (a once closeted gay man) who filed for asylum 10 years after being in the US (including being on F1 visas). The reason is because he didn’t accept himself as gay and was hoping that he would eventually change. He even abused alcohol because of the “psychological turmoil” that he experienced.
I fully understand that there are closeted LGBT people, and possibly LGBT people who lie to close family and friends about being LGBT, who file for asylum. But, there are heterosexuals, and possibly applicants from other categories, out there parading as LGBT members, so they can get asylum. This does a disservice to the genuine applicants.
You know what bothers me the most? The thought of these frauds being granted asylum while genuine cases are referred to court or denied! And I kid you not, it does happen!
There is no question that fraud is a problem among asylum cases. I think it is less of an issue than the Trump Administration thinks, but it clearly is an issue. And I also agree that some fraudulent cases are granted and some legit cases are denied. I am just not ready to judge the instant case based on one comment. There is often more to the story – the guy may be a liar, or maybe not, but we can’t really make an informed decision based on the info given. In any case, I think it is appropriate to be angry about fraud, since it clearly hurts legitimate asylum seekers. The question is how best to eliminate it without harming legitimate cases. Take care, Jason
Miller, i understand your frustration but I’ll also advice you not to share your CASE with people any how.
Remember: People like to play with people mind.
I appreciate the comments, and I guess we will see whether the new policy dissuade meritless cases. I kind of doubt it, but it may depend on how it is implemented. Take care, Jason
The scrutiny of the cases is now not just limited to old or new cases or one year filing deadline, legally or illegally entering the country, LIFO FIFO etc. The situation is going towards Asylum Amnesty.
Thanks so much for sharing your insightful thoughts on the changes happening with the asylum processes. This is really very helpful in understanding things from professional view and not just different things from different lay people. We really appreciate your service. I was wondering does this change affect pending decision after interview from asylumoffice in the same manner as the pending case who are waiting for an interview date? How and what affect would this new FI-LO system going to affect pending cases waiting for a decision after their interview?
Officially, it has no effect. The concern is that they are focusing their attention on new cases, and it might make decisions in pending cases slower. We don’t know, and we will have to wait and see. Take care, Jason
Hi Jason. Can I apply asylum in Canada while I am waiting for interview result? I love to go there and cancel my process here in the US. I am really tired and stressed out! This is not the life I expected!! I am so educated and easily can go to another country!
As far as I know, you can not do that., But there are several ways to immigrate to Canada legally. There is so much pressure on immigrants these days.
I do not know – talk to a lawyer in Canada about the process there. Take care, Jason
Hi Jason, thank you for a very informative post, my friend came to the US with F1 visa, filled for asylum in Jan 2014, he graduated, got an opt and moved to a different city, filled address change but within 5 days his interview notice arrived at the old address on june 2017, mail was returned or forwarded but lastly when he got it the interview date already passed, so he checked the reschedule box and sent it to uscis, I don’t know what goes wrong here but now he just got a letter said ‘administratively closed’ he’s still in status, what are his options? Refile again? Or reopen the case?
Thank you!
And I forgot to ask, how much do you charge to file for green card?
It depends on what we are doing. You can email me if you want: jdzubow@dzubowlaw.com. Take care, Jason
He might give the asylum office evidence that he filed a change of address form and then ask them to reopen. You can find their contact info if you follow the link at right called Asylum Office Locator. I think this needs to be done within 30 days of the date the case was closed, so the sooner he tries it, the better. If that does not work, he may have to re-file (and check the I-589 instructions, as the procedure is different if you are re-filing). Take care, Jason
Hi Jason,
With all that’s going on, I think many people would like to know what their other options are at this point. When I was applying to the Miami office, there were only about 8,000 cases pending, now it’s over 70,000 and the wait for me will be very long.
My question is this: I spoke with my employer last year about a green card sponsorship, and they were ready to consider it for me. However, I called a well known immigration lawyer in Miami and was told that even if they do this for me, I will have to go to my home country to have this process finalized, which I obviously can’t do. Now I’m hearing that an employment based green card can be obtained through a consulate in a third country. Do you know anything about this process? Thanks for all you help!
I do not do business cases, but I have know about people who went to a consulate in a third country. Everything is getting more strict these days, so whether that is still possible, I do not know. You might seek the advice of another attorney on this point, but be careful – there are plenty of lawyers who will take your money for the first part of the case, even though you can not get your GC, so make sure you feel comfortable with the lawyer before you start the process. Take care, Jason
Hi Jason, I have 3 applications pending with USCIS; Asylum since 2012, TPS, EB2NIW…..my only status now for more than a year is ‘pending asylum’ and no other visa status ‘out of other legal status since my last visa status expired’, just pending asylum now and since before expiration of the prior visa status …..No hope more in my asylum case I guess, so looking for other routes to green card…..my inquiry here is, let us say I got approvals for TPS as well as aporoval EB2NIW (but not asylum approval yet), my clear question would be then is: will I be eligible then to apply to greencard via EB2NIW even though my only status has been ‘pending asylum status and no other legal visa status’ for more than 6months ? Someone told me I will nkt be eligible to adjust status to greencard if I have been kut of status for more than 6months, but what about my ‘pending asylum status’ ? Is not that good to adjust status togreen card with approved EB2NIW and TPS ?
I believe you need to be in a lawful status before any EB based adjustment can be processed. In case of asylum or marriage to us citizen, this need not be the case. Your option is to apply for consular processing of your EB2 visa but be careful of any bars you may trigger. Jason should be able to advise more.
If you have no status here aside from asylum pending you probably have to leave the US to get a GC. There are some very limited exceptions in a case like this, so maybe ask a lawyer about the specifics of your case, but I highly doubt you can do that without leaving (and even then, in some cases it is not possible). If you have TPS, you may be able to get Advance Parole, leave, return, and then file for the GC, but you definitely need to check with a lawyer before you try that. In any case, it sounds like you have to wait for the EB-2 to be approved, and then you can explore your options from there. Good luck, Jason
So the key here is that I HAVE TO leave out of US to break the period of ‘no status’ in order to get EB2 based GC….and that having ‘pending asylum status’ non stop in the US at all times even since prior to expiration of old visa status IS NOT enough to apply for the EB2 based GC even if I have a got a new TPS status, is my conclusion correct ?
If your only status is “asylum pending” then – in most cases – you need to leave the US and return with some status and then adjust status here and get the green card, or leave the US to get your green card at an embassy. These may or may not be possible, and you need to talk to a lawyer about the specifics to help you do this (and make sure you are eligible to do it). Take care, Jason
I am an asylum applicant and recently my employer started the process for a Sponsorship Visa. Under certain circumstances, asylum applicants can do Adjust of Status without leaving the US. Basically, you need to meet 3 requirements:
– Entered to the US legally
– Filed the asylum case being in legal status (6 months for B1/B2)
– Never have worked illegally
– File the I-485 form before having the asylum affirmative interview
If you meet all these requirements, probably you should tell another lawyer.
You can search on google for “Can an Asylum Applicant Apply for an EB-5” and find more information about it.
This is not really correct. There is one more requirement – you have to be in lawful status the entire time you are here – and “asylum pending” is not considered lawful status for this purpose. This is the requirement that causes trouble for most people. If you meet the requirements listed above, you can apply for a GC, but you need to do that overseas at a US embassy, and it should be possible to do it. There are exceptions – some small set of people can adjust status in the US; some people are not eligible for a GC even if they leave – for this reason, it is a good idea to talk to a lawyer about the process. Take care, Jason
Hey Jason thanks for your comment, I really appreciate it. I have been following your blog since 2 years and I really trust you.
That said, I want to add more information about this.
The Attorney firm that my employer use for immigration purposes said that in my case the AOS would be possible, however, asylum applicants pursuing employment-based visas are not typical cases, so anything could happen.
In my personal researching, I found the information I posted here. As you said, “asylum pending” is not considered lawful status, INA 245(c)(2) provides that an alien who has failed to continuously maintain a lawful status since entry into the U.S., other than through no fault of his own or for technical reasons, is ineligible for adjustment of status under INA 245(a). Notably, 8 C.F.R. § 1245(d)(2)(ii) specifically states that individual in lawful NIV status who filed asylum (but whose status has not been revoked) will be considered to have gone out of status “for a technical reason”.
The Board of Immigration Appeals (“BIA”) considered these provisions in Matter of L-K-, 23 I. & N. Dec. 677 (BIA 2004). In its decision, the BIA ruled that an individual person in lawful nonimmigrant status who files for asylum and then falls out of nonimmigrant status may be eligible to adjust if an asylum application is pending.
I appreciate if you have more comments about it.
I am doubtful about this. I have seen too many examples of attorneys filing for a person’s employment-based visa, the petition of the employer is approved, but the person cannot adjust status. The lawyers in these cases knew (or should have known) that adjustment was not possible, but nevertheless moved forward with the case (maybe for legitimate reasons, or maybe just to make some money). That said, I am not familiar with your case, and your lawyer is, so hopefully they have a plan for you that will work. Please let us know what happens, as that may help others. Thank you, Jason