If the asylum seeker’s affidavit is the heart of her application, evidence might be considered the lungs: It provides the oxygen that allows the heart to function. Or maybe anatomical analogies are just weird. The point is, evidence in support of an asylum application is crucial to the application’s success. But what is evidence? And what happens if you can’t get it?
Let’s start with a bit about the law. The REAL ID Act of 2005 provides–
The testimony of the applicant may be sufficient to sustain the applicant’s burden without corroboration, but only if the applicant satisfies the trier of fact that the applicant’s testimony is credible, is persuasive, and refers to specific facts sufficient to demonstrate that the applicant is a refugee. In determining whether the applicant has met the applicant’s burden, the trier of fact may weigh the credible testimony along with other evidence of record. Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence.
See INA 208(b)(1)(B) (emphasis added). In other words, if you claim that something happened (you were unlawfully detained), you are required to provide evidence about it (a police document), and if you are unable to provide such evidence, you should be prepared to explain why you could not get the evidence (maybe the police in your country don’t issue receipts for illegally arresting people).
What this means is that you should try to get evidence supporting your case. Different lawyers may have different views on this, but I think you should get evidence for every claim you make in your affidavit and I-589. That includes evidence not directly related to the asylum claims, such as evidence of education, employment, awards and certificates, membership in organizations and religious institutions, travel to third countries, documents used to obtain your U.S. visa(s), birth certificates for you and your immediate family members, all passports for you and your immediate family members, marriage and divorce documents, national ID cards, military service records, arrest records, and general medical records. In other words, evidence about who you are and what you’ve been doing with your life.
Of course, you also need to get evidence related to your asylum claim. So if you were arrested, harmed or threatened, get evidence about what happened: Police and court documents, medical records and photos of injuries/scars, copies of any threats. If your case involves political activity in your country or elsewhere (including the U.S.), get party membership cards, receipts, letters from the party, and photos at political events. If it is a religious case, get evidence of your religion: Letters from church leaders and/or members, photos at religious events, certificates, membership documents, and government IDs, which sometimes list religion. If the case is based on nationality, ethnicity or race, get evidence that you belong to the group in question, such as identity documents.
For people claiming asylum based on membership in a particular social group (“PSG”), the evidence needed depends on the group. For LGBT cases, get evidence of sexual orientation, such as membership in gay rights groups and evidence of past relationships. If your PSG involves family members, get evidence of familial relationships–birth and marriage certificates, photos, and other family documents, including evidence that other members of your family were harmed or threatened. If you have a domestic violence case, get evidence of the relationship (marriage certificate, birth certificates of children, photos together, other documentation that you were in a relationship) and of the harm.
If there are newspaper or magazine articles, country reports or human rights reports–or even blog posts or Facebook posts–that support your asylum claim, include those. If you are using a newspaper or magazine, make sure to include the cover page of the newspaper, and the entire article. If you are using an on-line resource, make sure to include the website address.
You should also get letters from family members, friends, and colleagues who can attest to your problems (I’ve posted about how to write a good letter here). In many cases, it is impossible to get direct evidence of harm, and so letters from people attesting to your problems is all that you can get. While letters from family members and friends are not as valuable as more direct evidence, they are still valuable, and we always include such letters if we can get them.
Some people have scars or other evidence of physical harm (including FGM). In such cases, you should get a forensic medical report to help bolster your claim about how you received the scar (in other words, that the scar was caused by torture as opposed to a car accident or disease). Of course, the doctors who write such reports do not know for sure how you received a particular scar. But they can state that the scar is consistent with your explanation of how it was received. If you cannot afford a forensic exam (or find a doctor to do the exam pro bono), at least take photos of the scars and include them with your evidence. Normally, we have our clients take a close-up of the scar and also a photo from further away, so we can see the person’s face (so we know the scar is on that particular person’s body).
We also sometimes submit other types of expert reports. The most common are psychological reports (that indicate PTSD, for example). In my opinion, the most effective reports are the ones created in the course of treatment. The less effective reports are created after one or two meetings with the asylum seeker, and were clearly created for purposes of the asylum case. Sometimes, we also use expert reports related to country conditions, though these days, we can usually find what we need on the internet.
If any of your close family members applied for or received asylum, refugee or other humanitarian status (including SIV status) in the U.S. or abroad, try to get evidence of that status. In general, it is very helpful to show that other family members, who are often similarly situated, have been persecuted or have already received asylum. Indeed, we recently did a case in Texas where our client’s close family members all had SIV status (meaning that the U.S. government determined those family members faced a threat in the home country due to their cooperation with the U.S.). This evidence alone was enough to convince the Judge to grant asylum to our client.
You should also submit country condition information. Some lawyers submits lots of country condition information. I am not one of those lawyers. I think that redundant reports are counterproductive and distracting. It is standard procedure to submit the U.S. State Department Report on Human Rights Practices (or at least an excerpt of the relevant portions). Also, if applicable, we submit the State Department Report on International Religious Freedom. If those reports are not sufficient, we submits reports from other credible organizations, like Human Rights Watch or Amnesty International. There are also lots of issue-specific reports from groups like the Committee to Protect Journalists, Doctors Without Borders, and International Christian Concern, to name a few. If there are news articles from credible sources, we submit those too (if they are relevant and not redundant). Finally, if there are specific articles or reports from less-reliable sources that speak directly to the issues in the case, we submit those as well.
Of course, any documents not in English need to be properly translated.
Finally, it is important to review all the evidence to ensure that it is consistent with your statement and with the other evidence submitted (for example, if your statement says that you lived in a red house, your witness letters should not say that you lived in a blue house). Inconsistent evidence can lead to a determination that you are not credible, so be careful about this.
The evidence for each applicant is case specific. If you have an attorney, one of the attorney’s jobs is to evaluate your case and determine what evidence is helpful. If you do not have an attorney, you should still do your best to obtain as much evidence as possible. This will help increase your chances for a successful outcome.
Hello all ,
Im applying for my EAD on my own and i needed help in finding out what documents should i attach with the form I756 ?
Thanks and I appreciate your answers in advance.
I can’t give specific advice on cases, but you can find out about the documents you need in the instructions to the I-765, available at http://www.uscis.gov. Take care, Jason
Hello Jason
I am Viola. I am in the last stages of submitting my asylum application based on LGBT. I live in Worcester Ma. Zipcode 01605. My issue is finding a lawyer. Do you think you can help connect me to any lawyer around here? That’s if you happen to know any.
Thanks
I don’t have a lawyer there. You can try http://www.aila.org – those lawyers tend to be better than non-AILA lawyers. Also, you might reach out to a local charity to see if they can recommend a lawyer. I wrote a post on September 22, 2016 that might help. Take care, Jason
Thank you so much for all your effort dear Jason. I hope I find one.
Viola
Hi Viola,
I live in the same area and won my case last year. Let me know if you want to connect. Thanks.
Hello everyone here,
Just to let you know about the latest news from Chicago Office.
Applied 02/28/2018
Receipt 03/02/2018
Fingerprint 03/03/2018 done on 03/19/2018
interview notice 03/21/2018
the interview was done 04/10/2018
We signed a paper at the start of the interview that decision will not be on the same day and the office will mail the officer’s decision to our current address. At the end of the interview, the officer said it may take from 2 weeks to 8 weeks to receive a decision on your case.
Thank you for sharing that, Jason
Thank you for sharing this, please keep us posted about the outcome. Good luck!
Hello Jason,
Thank you for posting all these useful information related to Asylum, we really appreciate it.
Question please?. I applied Asylum from Denver, CO in the beginning of this year and have received the letter with receipt number from Houston Asylum office confirming that my complete I-589 form has been received and pending as of Jan 25th, 2018. On 16th of Feb 2018, I provided my finger print at Application Support Center in Denver, CO. I was expecting my interview would be scheduled soon as the new policy would begin processing recent applications ahead of older ones but I still have not received any notice yet.
I live far from Houston Asylum office so I have been trying to contact with them about what is going on with my application both by via-mail and phone since beginning of Apr but still cannot reach them. They never answered their phone and did not reply my email either. Yesterday, I finally received a phone call from Houston Asylum office after more than 20 days of attempts but they could not provide any information about my case. The officer misspelled my name 4-5 times over the phone and said she could not find my name and she does not know what happened to my application. I am not sure if she searched my name correct or not. What should I do now? Is it possible to change my address to another state before I receive my work authorisation? Should I keep try to contact with them? How do I know whats is going on with my application since the officer can not provide any information over the phone?
Thank you.
As far as I can tell, the LIFO system is not being consistently implemented, so I am not surprised to hear this. Also, I expect that you will be interviewed in a sub-office or on a circuit ride, not in TX, and maybe this is the issue (but the only office you can try to communicate with is the main office). If you have your receipt, you should be fine. If you are eager for the interview, maybe you can ask them to expedite – I wrote about that on March 30, 2017. As for the work permit, you file that after 150 days, and it is a completely separate application, and it is not processed by the asylum office, so I think there are no worries about that. Take care, Jason
Thank u so much for the prompt reply Jason.
Hi Bell,
Any updates on your situation? Did you get an interview date set yet?
Thank you!!
[…] The Prevalence of Evidence (The Asylumist Blog, April 2018) [text] […]
Hello with the new liFO how long does it take to get a decision? Is there anybody in nj who had interview and has gotten a decision this year?
Decisions should be about the same as before, so sometimes fast and sometimes slow. Take care, Jason
Hello all,
I applied for asylum on Oct 2016 in NY, still no interview notice. Anyone else in the same boat?
Thanks,
Same here, November 2015, NY, no interview yet.
Hi Jason
I was wondering to make a expedition request of interview. Where do I submit my request. What can I submit as documents.I don’t have lawyer yet because of less financial means, is it easy to get the expedited interview granted without a lawyer. I am in chaos of family separation and recently they were attacked and we’re wounded.
Thanks
We expedited our interview due to family separation. You write a short letter and attach all the necessary documents and take it to the office or you can send it by mail maybe. We went in person. Our expedite request was granted after two months.
I wrote about expediting on March 30, 2017 – maybe that would help. Different offices have different procedures, so you have to contact your office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
My husband got granted of Asylum a year ago. He filled for his green card two weeks ago. We married two months ago. I am pending asylum.
Is there any way I file petition through him without me going out of country?
Considering, I entered USA by visitor visa and I filled asylum before expiration of my visa.
Thanks
Probably you cannot do that until he is a US citizen. If your B visa is expired, you cannot adjust status in the US unless you are married to a US citizen. You might talk to a lawyer to review the specifics of the case and see whether there is a way, but I doubt it. Take care, Jason
Hello
I am a Muslim from an arab region where there is terrorism but not among the seven banned countries.
I was work a journalist and human rights activist. I have a asylum case pending two years ago and the case is still pending.
Married to an American citizen and we have kids. accordingly I have a case of immigration based on the marital relationship. We had a smooth interview seven months ago. The I-130 petition has been approved, but the I- 485 is on pending so far and I cannot find out why every time I ask, the answer was on pending.
I filed a case for my asylum without a lawyer because my time run out back then.
I wonder if the delay and waiting in my marriage-based file has been normal for seven months, after the successful interview?
I wonder if i Can now appoint a lawyer for my asylum case and review, formulate and resubmit my case?
thank you for helping!
The asylum case might be affecting the I-485, though waiting 7 months is probably pretty normal these days. You can email the asylum office and tell them about your case, and ask whether there is anything that they can do to assist the I-485 processing. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason and everyone! I have a question. I had my interview one month ago. Now I want to visit my friend from California. can I buy a plain ticket and use my country’s passport as ID? Thanks.
I have not heard about people having trouble with domestic travel. I do think you should also bring evidence of your pending asylum case, such as receipts and interview notices, in case anyone asks about that. Take care, Jason
hello Jason
I would like to know how long does USCIS takes to respond after submitting a request for expediting the interview
Thank you in advance
Often, they respond in less than a month. Sometimes, they never respond. If you do not hear from them after maybe a month or 1.5 months, you can contact them and inquire about the expedite request. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you very much for your quick response
We got ours after 2 months.
Thank you for your response and congratulations.
Did you get your interview date?
Hi everyone … like i said on 04/23/2018 i applied asylum in june 2015 did my interview yesterday in Buffalo . It went great . I had very young Girl officer … she listened to me for 1 hour than ask me few questions based on my case i gave her asnwers in very postive way and with confidence . I gave them lot of additional documents today so she took break for 30 mins to read that documents and after that 30 mins more spent on question based on additional documents . I have very positive response from her . Now they told me to wait to get decision in mail wothin 2-3 weeks . Hope for the best now . Just needs blessings . I wish everyone Good-luck for their cases . Will update soon
All the very best of luck for the decision!
Hi Navi, all the best for outcome.. r u from punkab ?
Yes From Chandigarh
Navi ji ph te discuss kar sakde ho about interview ?
If you won’t mind. Meri v aa rhi hai iss month.
Thanks
Goodluck dear, and thanks for the update.
Good luck. One point – the officers often under-estimate the time until the decision, so you have to remain patient. Hopefully, you will get a good decision soon. Take care, Jason
Any one applied at The Arlington office this March and hasn’t revived an interview date am starting to think they slowing the lifo system down there what do you think Mr Jason
I’m not sure – we submitted a case in March and we are still waiting (I think it was late March). Take care, Jason
Hello Mr Jason
I applied for asylum on 11/2016 .
Did my interview 3/2018
I have sent an additional evidence which is a police report with a corrected I589
On 6/2017 with USPS priority mail and the asylum office had received my mail.
On the interview day I told the officer that I have sent an additional evidence but she told me that what I have got in your file . I don’t know what happened but they haven’t received my additional evidence. I ended up correcting my I589 in the interview but they didn’t get the police report.
Who is to blame in this situation?
And is there anything I can do regarding this issue?
Thank you so much
My interview was in Houston asylum office
Hello .
May i ask when you applied please? Did you have your interview expedited or were you on short list? I was applying for my case on November 2016 . But I still wait my interview. Can u share some about that? Thanks.
Hey
I applied on 11/18/2016
Yes I was on a short call list.
I realized it’s all random even the short call list they chose randomly
Hello .
How you know you are on a short call list. And how to add myself to the short call list ? What did you do? Can u share that? Thanks again. I appreciate
I find I applied on 11/18/16 too: the same date . But I still wait my interview
Hey
You can send them Email ask to add you to short call list .
I believe its still closed now because its saturated .
Its totally random . I have my friend who applied on July 2016 and he’s on short call list too but he didn’t get an interview yet
Good luck
It is very common for the asylum office (at least in Virginia) to lose documents. Of the last 5 cases that we submitted evidence by hand, they lost the evidence in 4 cases. Whenever you submit documents, you need to keep a copy for yourself and also get proof of filing (mail receipt, stamp from the asylum office if you submit by hand). At this point, maybe you can submit another copy of the police report if that would help – include the Alien number, date of interview, and your full name and contact info. If it is short, you can scan it and email it to them. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Mr. Jason,
How can we get ourself on shortlist? Also What if we take the original evidences on the day of interview?
Thank you.
Ask your local office about the procedure to get on the short list. You can find their contact info if you follow the link at right called Asylum Office Locator. Different offices have different rules about evidence. In my office (Virginia), it must be submitted at least one week before the interview. You can also ask the office about their rules. Take care, Jason
Thank you so much Mr Jason for your help.
Hi Kim,
You said you applied in Nov 2016 and got an interview in March 2018. When in March exactly? Also, when did you get a notice about the interview date? Like, did they set an interview date before January 2018 (before the prioritization rule change?) ??
Thank you!
Hi Jason,
I have a pending asylum case since August 2015.
My new position requires me to travel to Europe for training and meeting.
Do you think that it will be possible to get an advance parole for those trips? How successful where you in getting it for some of your clients.
I understand there is risk of applying for my national passport, but I think it is justifiable in this case, right?
Thank you for your advice
I have gotten AP for people before – you need to give a humanitarian reason for the travel. I wrote about that on September 11, 2017. My guess is that travel to third countries using your passport will not have much effect on your asylum case, but it may depend on the case, so I cannot say for sure. In any event, you should be prepared to explain why you used your passport to travel and to show that you have not “availed” yourself of the protection of your home government. Take care, Jason
Does the fact that I will lose my job qualify as a humanitarian reason?
I doubt it, though you could try that. If your job serves a humanitarian purpose, that might be a better approach. Or if you have any other humanitarian reason for the travel, you can list that. Good luck, Jason
Hello .
How you know you are on a short call list. And how to add myself to the short call list ? What did you do? Can u share that? Thanks again. I appreciate it
Different offices have different procedures. Email your asylum office and ask about this. You can find their contact info/email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason and everyone here
I just want to know if anyone here knows about Los Angeles scheduling?!or San Francisco’s office?!
I applied in july 2015 LA with no interview until now
Thanks
I applied in December 2015 from SFO and still waiting for the interview.
Thanks for sharing
I have applied in October 2017 in SF and no interview yet.
Thanks, and I’m applied in sep 2015 and haven’t received interview yet
Hi Jason,
I did my interview in Los Angeles office in August 2017 and received denial last week. Today I got a letter to attend my Master hearing in late June 2018. I don’t see my judge name in letter, is this normal? Also I made a call to 800 number and it just confirm the date but it doesn’t tell me the judge name. How can I know my judge name? Thanks.
CAN YOU TELL US PLEASE WHEN DID U APPLY FOR ASYLUM ?
Hey Nagham,
Here are the info:
June 2013 Applied in Chicago Center
May 2014 Moved application to LA Center
August 2017 Interview in LA
April 2018 Referred to judge
June 2018 Master hearing!
All that is normal. The 800 number stopped giving the judge’s name, which is quite annoying. Whether they will correct that issue, I do not know. You will find the judge’s name when you attend the MCH. If you want to know in advance, you can call the court directly and ask the clerk. You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
Thanks Jason, do you know what are possibilities of being able to get adjustment of status from Judge? I have a pending I-485 for employment based.
It depends on your eligibility, so I do not know, but judges can do that. Usually, theses days, they dismiss the case and have USCIS adjust status for the person. Take care, Jason
Hi Jason-
As an asylee – is there any petition for my parents and siblings to get any sort of permanent residency?
There is no such petition. Only a US citizen can petition for her parents. Until then, they would need to find another way to come to the US. Take care, Jason
Hi Jason, hope all is well. Thanks for your never ending help.
I just want to know the Asylum interview status in Arlington office. what months are really interviewed these days?(do they work on FIFO or LIFO? or both?)
I have applied in Feb 2015 and still suffered.
And I heard that people applied in December 2014 has got interview.
Thanks
We applied in November 2014 and still waiting for the interview.
We’ve had some interviews from late 2014 and also interviews based on LIFO in Arlington. For a 2015 case, you have a wait. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Thanks Jason
Case filed in June 2015 Today is my interview at Buffalo,Ny just need blessings people…. will post after interview. Very nervous
Good luck!
Good luck. In my (limited) experience, Buffalo is a nice office. Take care, Jason
Good luck!
Good luck Navi
Best of luck
How was it?
Have you requisted for expedite or Buffalo are interviewing June 2015.
Hi Jason,
Thank you for all the support over the years. I got my asylum Approved!!!!!!!!!
My Timeline:
Application Date: 04/20/2014
Interview Date: 04/22/17
Approval Date: 04/18/18
Congrats what state?
Congrats!!!!! 🎉
wow glad to read anyone of this fourm got approved !!
really magical word it is !!! congrets !!!
Congratulations! Thank you for sharing good news, and welcome to the US of A! Jason
Congratulations on your approval
Congrats, Kalu
Congratulations 🙂
Congratulations. which office did you apply with?
Were you born in April? Congratulations
Because everything is 04
Congratulations.🎊🎈🎉
Hey Jason I would like to ask you about if I did my interview like one month ago how can I check my case status online if I am still waiting my decision
You cannot check your status on-line. It is probably too soon, but you can contact the asylum office to make an inquiry if you are waiting too long. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason and asylumnist readers
My mom and I filed for political asylum last year, sadly my mom was driving and bumped another car (thank God nothing worse happened) but long story short, she got a ticket and a court appearance date, she was charged on driving without a license 1st offense(all we have is our valid license from our country)
We have no money for a lawyer, and she is so scared on ice deportations for driving ticket and jail time, should we just desist on everything or go to court on our own
Also, we are doomed since this will affect our asylum case right?
Did you get the 6 months temporary license with the one from your country, or was she driving without a US license?
I’m sorry you and your mother are in this situation, Carlos.
I would like to think that it will have no bearing on your asylum case because they still need to evaluate your claim and determine your eligibility for an asylum grant, and this incident shouldn’t change that, but let’s see what Jason says.
It’s a dilemma when you find yourself between a rock and a hard place, having to decide between staying and risking deportation, and leaving to the country you escaped from due to fear of persecution. I would choose the lesser of two evils and see the asylum case through. That way, you have a chance to win and never have to return to the country you fled.
Just my unprofessional opinion until you hear from Jason.
Good luck.
If this is a criminal charge, she will get a lawyer for free, but it sounds like just a ticket, and so there is no free lawyer. She would have to go to court (otherwise, she may end up with a worse charge). Maybe she can show the foreign license and explain what happened. In any case, I think the effect on the asylum case will be pretty minimal, but it will depended on the end result of the case, and she will need to submit that result (usually called a disposition) to the asylum office. I would not be too worried about this. Hopefully, it can be resolved in court in a way that is not having an effect on the asylum case. Take care, Jason
Driving without a license is not a mere traffic violation like a speeding ticket. Driving without a license is a criminal offense, and the penalties can be severe depending on the state you are caught driving in.
In addition, some traffic offenses are defined as misdemeanors or felonies from the outset, such as driving with a revoked license, leaving the scene of an accident, or reckless driving.
People accused of these more-serious traffic violations are entitled to all constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial.
Hello Jason,
My first EAD renewal is approaching soon. Is it advisable to file for Ead renewal for my son who’s 5 years old?
Most people do not do that, since the child will probably not be working. Having the SSN is probably enough. Some people want the child to have an EAD as a form of ID, but normally this is not needed. Take care, Jason
Hi Jason Sir and Asylumist Community,
I just want to share my asylum application status:
– Applied in SFO-AO in mid of March (just few days before expiring B2 status)
– Finger prints done on 11th April
– Received interview letter schedule for May 4th
Any suggestions and tips requested since I applied without hiring any lawyer. I am here with my wife and two kids both under 13 years.
Thanks and will keep you all update about my case.
Hey Ali,
Some tips from this Asylumist follower until the boss weighs in:
1) If you feel your application can benefit from additional/ updated supporting documents and evidence, work on gathering that now. Make sure you send all additional support material on time if your asylum office requires that you submit evidence prior to the interview, or bring it with you on the day of the interview if your office only accepts additional evidence on the day (like my office, NY).
2) Read:
http://www.asylumist.com/2016/09/08/the-asylum-interview/
And:
http://www.asylumist.com/2017/06/01/i-dont-know-i-dont-know-i-dont-know/
And:
http://www.asylumist.com/2018/03/21/tips-from-a-former-asylum-officer/
Good luck!
I agree with all this. As for #1, you can contact the asylum office to ask about when evidence is due. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Sara.
All of the above links have some priceless information. I have evidences not directly pertaining to me but about latest incidents in which people from my community been targeted in my city and other cities of my country.
These updated news print I can take with me at the time of interview with me since SFO-AO allows it.
Honestly I am very much nervous and scared as well, because things are happening for me way too quickly, but I will give my best despite the limited time for interview.
Regards,
Evidence that people who are similar to you were harmed is helpful evidence for your case, so you should bring that. Good luck, Jason
You can only do your best, and you will because you’re doing this for your kids.
Jason has advised you to try to find a lawyer that can help you prepare for the interview. The lawyer will highlight any potential issues in our case, and can guide you on how you can navigate any questions that might come up around these issues. It can be very helpful, and might give you added confidence.
All the best with your interview, and do keep us posted on how it all goes.
looks like the new 21 days interview system has started working, good luck and keep us posted. Can you also advise a brief about your case if its not very confidential please ?
It is not true. I applied 11 Feb 2018,
fingerprint 29 Feb 2018,
No interview yet…
it’s completely random.
Are you from a Muslim/banned country ?
The suggested websites from Sara might be helpful. I do think it is worth discussing the case with a lawyer if you can do it – to go over the case and identify any issues. Good luck, Jason
Thank you so much Sir, I have learned everything about Asylum procedures from this forum only. Thanks again.
Hi Jason, please advise, it has been 11 months since I applied for GC based on asylee, I am worried because my attorney put my last arrival date when I was granted asylum and issued I-94, should I write letter to USCIS and explain the date difference? I never left the country since I came in USA, I submitted inquiry and received email stated my case is under review by an officer and You should received decision,correspondence or notice of other action within 60 days of the date of this letter. I know one my Friend received GC within time frame.
GC cases are slow – check the processing time at http://www.uscis.gov, and my guess is that you are still within the normal processing time. I doubt the entry date your lawyer put will make much difference, though I would have put the actual entry date. If USCIS has a question about that, they can ask you, or if you are worried, I guess you can send them a letter with an explanation. Maybe see what your lawyer says about this. Take care, Jason
My attorney also put the last arrival at Chicago, and I came as B1/B2 visa, at NY, I asked the attorney and he said that this is normal and nothing to worried about, because u were granted asylum at Chicago office and issued a new I-94. The process time is 4-8 months and I submitted my application in jun 2017
I don’t agree with the attorney, but he may be right and I may be wrong. I think last arrival means last arrival, not the date asylum was granted. But I also doubt this is a big deal, and in any case, it can be explained. As for the processing times, maybe that is the posted processing time, but I do not think it bears much relation to reality. We are seeing GC cases take 10 to 12 months, and I think many cases will take longer than that. Take care, JAson
Jason- could u please advise me, should I send the explanation now or wait for the USCIS response ?
I should be expecting some answer in 60 days as per last notice.
Thank you!
I think you can go either way, and I can’t decide that for you, but whatever you decide, you should do it in coordination with your lawyer. Take care, Jason
Hey Jason. Great job you are doing God Bless you more
Well I applied for EAD on last of 27th March 2018. I just only got receipt notice from office. My question usually how long dose it take time for approval of EAD after receipt notice.
2nd question, Is my lawyer too get copy of approval letter regarding EAD?
Thanks .
First EADs seem to be faster than renewals. Maybe a first EAD is 1 to 4 months; a renewal is 6 to 9 months in some cases. If the lawyer is also representing you for the EAD, he/she should get a copy of the receipt as well. Take care, Jason
Hey Jason,
You are doing a wonderful service to the people in need.
I have a question regarding Interim EAD
Asylum provision for an EAD card can file for an interim EAD card 30 days after filing the initial application?
Regards,
There are no interim EADs any more. You just have to wait for the card. If this is a renewal (for an asylum pending EAD), the old EAD is automatically extended by 180 days. Take care, Jason
Wow thats a really fast recipt, congrtas. Do you mind if i asl when did you apply for asylym and what office? I have also filed my EAD around the same time and nothing yet.
Tjanks
Hi Jason ,
I got my Ead Last month , In my home country i worked for Tech .
Here in United States as pending asylum i can work for tech companies ? i have applied Few companies and i got call form them , initial interview completed over phone, thy still didn’t asked my legal status in US .
Tech Companies have any objection to hire pending asylum ?
Thank you
Rish,
I am not Jason, but I have received 4 EADS since being in the US.
1. I don’t think it’s usually a policy of hiring companies to ask potential employees if they authorized to work in the US during phone interviews. While in theory they can ask you, I don’t think it’s a practice as they usually ask for certain documents-or they eventually verify your employment eligibility using the e-very system- that can demonstrate your employment eligibility.
2. With an EAD, you can do any job once the company deems you a qualified candidate for the job. Please note, however, that some states require proof of citizenship to work in certain government jobs. Some states only require that you demonstrate employment eligibility, even if the job is a government-related job.
3. As to companies hiring candidates with pending asylum applications, that depends on the nature of the job and whether or not the job being advertised is a government job. Some jobs require that you travel overseas. If you are able to travel with your passport/travel document, then I don’t see why the company wouldn’t hire you if you are qualified for the job and have employment authorization.
IT depends on the company, but with an EAD, you can work for any place that will hire you. Good luck, Jason
Great !! Thank you Jamie & Jason
I work for tech company. No issues!
Hello sir my asylum case is pending I got my ead card I also applied for my wife and one 8 years old kid my wife and I have social no but my kide don’t have how can I get for him may I have to apply for ead for him thanks
You need ead for kids to get ssn,
Do it otherwise you don’t get credit for them when you file for taxes
They will give him ead because he is just 8 year old
They will, and the will give him an SSN. Take care, Jason
Many people apply for the EAD for their child (at least the first EAD as that is free) and they get the SSN that way. Take care, Jason
I got my final approval!!!!!!!!!
USCIS website still doesn’t recognize my receipt number. I had checked it several times during the day, and it said invalid – still does.
My dates:
I-589 receipt: 04/27/15
Interview: 11/15/17
Decision: 11/30/17 – Recommended approval
Final approval dated 04/12/18
Thank you so much, Jason, and all of my friends on here for the support you have given me during this journey. I hope to read more good news on here soon!
Oh waouh big congratulations to you Sara. I can imagine how much you are relieved. I am still waiting for my interview but I am very happy for you
Thank you so much, Nema! I hope you get your interview notice soon 🙂
I hope so🙏
so so happy for u
Thank you! 😊
Look at that! Congrats Sarah.
Thanks, Tina! Finally! 😊
Finally, congratulations.
I am deeply happy for you.
You bring smile on my face.
Thank you so much, El!
congrets!! be bleesed.
Thank you! 😊
Many congratulations Sara
Thank you!
Did u apply in May 2015 – LA office? Thanks
Oops, I forgot to include the office I applied in in my original comment. Sorry.
I applied in NY in April 2015. Receipt date 04/27/15.
Victory at last. Congratulations
At last, indeed. Thank you 😊
Congratulations on your final approval Sara
Thank you 😊 I hope you receive your interview notice soon!
Heee Sara,
I was interviewed 14 months ago but never heard back from them. Hope all goes well with me as well
Sorry; I thought you were waiting on the interview.
All the best with the decision! Keep us posted.
Hey CONGRATS so happy for you GOD bless you
IT won’t change until 5 or 6 days.Don’t Worry u got it Girl!!!!
Thank you so much, Sarah! And thanks for the reassurance 😊
Your recent good news gave me hope at a time when I really needed it, so thank you for that too 😊
No Worries just keep posted what’s going on in life.Its been a month neither received EAD nor SSC!!!! Let’s see whats next ???
Will definitely keep you posted.
I’m hearing about delays with the initial A05 EADs. Not sure why, but the approval letter does say to inquire if it’s delayed. Have you tried that?
Also, I will be going to a social security administration office to apply for the unrestricted SS card sometime next week. I don’t think USCIS send that automatically like they do with the EAD. I’ll let you know if I’m successful.
I think you are correct about the SS card. Take care, Jason
Double-checked, Sarah. The approval letter says to contact your asylum office if you don’t receive your EAD within 14 days of the issuance of the approval letter.
14 business* days.
Sure I will check that out I know what a Relief it is for you Keep Going the Best is yet to come !!! Cheers
Hey Sarah,
I just applied for the unrestricted SS card with no issues. The I-94 was sufficient.
Currently at the DMV trying to get the REAL ID. Will update.
So, before we left the the house I asked my husband if he thinks we will need our passports, and he said no. Guess what we needed to get the REAL ID? Yup. In his defense, we didn’t need them for the regular ID which we had originally planned to get (to remove the temporary visitor line).
Conclusion: I-94 and approval letter + state ID were enough for the SS card and updated State ID/ driver’s license.
Really you are too good I didn’t do any of these I was told on this form that my EAD and SSC will be sent automatically.My DL is valid until 2020 so I never thought of changing it.I guess I need to change my gears now taking inspiration from.
Glad I could help 😊
Hope you get your paperwork sorted out soon. I sent two links in my reply to Ad’s comment below, that should help if the SSA officer is not familiar with the asylee status.
Good luck!
Congratulations Sara!!!
Enjoy!
Thank you, Liz! I hope you get your interview notice and an approval soon 😊
Thank you Sara! you are very kind 🙂
God bless
Hello Sara. I also went to DMV for my license but still they gave me limited term license because they give license through EAD date so until we have GC our license is limited term and 2nd thing my Ead is still valid so I took infopass and went to USCIS office and they said EAD is ok u don’t need to change. And same with SS Card it change after we became permanent resident. Thanks
Hi Ad,
The DMV let me apply for the 8-year ID/ license with my pending asylum case — they didn’t base the validity on my EAD. When I went yesterday, they said my new card will be the same minus the “temporary visitor” line.
Maybe it varies by state. In in NY.
I’m also one passport shy of the REAL ID according to the DMV here. No need for the GC.
Dia they refuse to remove the DHS legend from your SS card with your asylee status? If so, maybe try another SSA office, or go back to the same one and have this printed out: https://secure.ssa.gov/poms.nsf/lnx/0110211205
for proof that the documents you have are sufficient, and:
https://www.ssa.gov/people/immigrants/
scroll to the asylees part and have this paragraph highlighted:
“The Department of Homeland Security (DHS) now considers aliens granted asylum to have permanent employment authorization and requests that we treat them as permanent resident aliens. This means that when an individual granted asylum submits appropriate documentation with an SS-5, we will issue an unrestricted Social Security card.”
I had these pages ready on my phone to show to them, but I didn’t need to and was able to successfully apply for the unrestricted SS card with my I-94.
Sara, congrats! I am very happy for you!
I told you your final approval would come soon.
Thanks, Jamie! You were right!
Lol Sara…u seem the next most important person after Jason on this page…u are a big motivation indeed
Haha I’m only the next most important person within the confines of my house — the boss being my preschooler. 😊
Congrats dear
Thank you! 😊
Thanks Sara. I will try again for unristricted SS
So happy for you Sara! I used to read how you are counting the weeks. Great relieve for you. All the best
Thank you, Hyme! I was getting tired of counting the days and weeks, and checking the case status tool 50 times a day starting the minute I wake up. Glad this chapter is over!
All the best to you, too 😊
Hey Sara,
I’m in New York and I would like to ask you few questions. Do they have short list program? My EAD will expire on December. Do you think the dmv will accept to renew my license with the uscis receipt. It will be hard to stop moving with my car in long Island. Please if you had to go through this stressful situation let me know how you handled it. At least I could expect to have the same outcome.
Thank you
Hey Hyme,
I haven’t tried to get on the shortlist so I’m not sure if they have it. I did discuss it with my lawyer who advised against it because it doesn’t give you time to adequately prepare, and she couldn’t guarantee her availability to accompany me on the day. I’m guessing this means that the NY office does have it, but it’s best that you call and find out for sure.
The USCIS website does instruct applicants to request expedition directly from the asylum offices, with no mention of it being available at certain locations and not at others.
I have no experience with using the EAD receipt at the DMV, either. I suppose you could go and show them that your EAD validity will be extended based on the information on the new EAD receipt (the line that mentions the extension), and maybe seek the assistance of a supervisor if you face any obstacles.
You definitely need your car living in Long Island so I hope you’re successful.
Good luck and let us know how it all goes.
Congratulations Sara.. I’m really happy for you.
Thank you so much!
Congratulations! That is terrific news (tinged with some sadness, as we may lose you here). I am very happy for you. Maybe there is something special about winning on 4-20, though don’t celebrate that way until you are a US citizen. I wish best of luck to you and your family in the United States. We are lucky to have you. And if you find yourself in DC, please swing by. Take care, Jason
Thank you so much, Jason 😊 I’m not about to stop following my favorite blog.
I hadn’t made the date connection! It’s nice to know a lot of people around the world will be happy, too, on every anniversary of our grant.
My first trip to DC will definitely include swinging by!
Very good, but I would not blame you if you took a break from the whole asylum thing. Anyway, we will all be happy if you stick around (at least until you are a US citizen). Take care, Jason
Congratulations Sara !
Happy for you.
Thank you!
WOW!!! Sara…Finally got approved! big congrats!!!What a relief….
Thank you so much, Allen! I hope you get your approval soon! Keep us posted.
Congratulations Sara. So happy for you.
Thanks a lot, Adam 😊
Many congs Sara. Finally….
Thank you 😊
Hello Jason, I have important question about evidence. How do USCIS check authentic of the evidence?Thank you
Once they are authentic, I will not worry about USCIS.
Tina, I agree with you.
I don’t know if USCIS has publicly said how they check if evidence presented is authentic. If your country shares information with the US or any other country that the US has relationships with, then the information can be verified easily. That’s why they ask you to do bio-metrics.The US has some of the most sophisticated systems in the world that can produce information on an any alien in the US. If an applicant presented fraudulent documents/evidence, that applicant should be worried.
Lots of ways – they look for inconsistencies, they consider plausibility (do such documents exist in your country), they may compare the evidence with similar documents in their possession, they might send it to the US embassy for investigation. Probably they have other techniques as well. Take care, Jason
Hello Jason and thanks for great information
Please let me know if is there anyone who applied in los Angeles or San Francisco’s office,or any news about scheduling those,
Thank you so much
Hi. i have case in immigration court New York and personel hearing is in March 2020. i am political worker and doing struggle for freedom of my nation inside an asian country. some time ago govt forces attacked on my house and harrassed my family.after it i filed early hearing motion in court last month by my lawer.
My question is that: After how long i can get hearing date due to emergency situation? Any prediction?
It depends on the judge and often such motions are not granted. I wrote about this issue on April 20, 2017. Take care, Jason
Three months ago, I updated my address using the tool provided for USCIS at its website. Everything was Ok and one week later I received a confirmation letter in my new home. I’m waiting for the interview, my case was filled in October 2016. But somebody told me that I also need to send an AR-11 form to my case’s office (Chicago) just in case. Is it that true? It’s not enough with the “Change Address” procedure that USCIS indicates on its website?
We normally just do the change of address (form AR-11) on-line and keep evidence that we filed it – make sure you changed the address for the I-589 (asylum application) and not some other form. You may want to send a copy to the asylum office as well, just to be safe. If you have a lawyer, the lawyer and you will both get notices of the interview, but if you have no lawyer, it doesn’t hurt to be extra safe about changing your address. Take care, Jason
Thanks so much Jason. I will send the copy of the AR-11 form to the Chicago’s office just to be sure.
Hi Jason
I added my wife and kids in my case and i received my younger son’s social security without even applying for that.I only applied the EAD. Is it normal? do they send social security automatically? one more thing my wife and elder son got the EAD only and they applied for social in the office but but didn’t receive yet, taking longer than usual. Is it because they didn’t wait for the social to come itself and went to the center to apply.
I appreciate your reply
thank you in advance
The new EAD application form allows you to request an SSN – maybe you did that. I do not know why their SSNs are slow; maybe they also applied for them using the I-765, and so the application at the office was redundant? I suppose you can follow up with the SS office if they do not get their cards. Take care, Jason
Hi Jason my hasband was applied asyum (I am asylum dervative and I gave finger print at that time) 4years ago but we withdrew it 2 years ago now I got my green card through based on employment last month and now I want go back to home to bring my kid so it have a problem when come back. tks
How did you get a green card thru employment if u dont mind me asking? Did you went back home or were you able to get it in the US ?
My hasband got job so the employer applied for him so I am dervative for him so that we got Gc
I doubt it, but you never know. You should be prepared to explain why you filed for asylum and how you were able to safely return to your country now. If they think the original asylum case was a fraud, you could have trouble. Probably you should keep the trip as short as possible as well. Once you are a US citizen, return trips should be ok. Take care, Jason
Tks Jason I was not applied asylum directly but I am as dervative everything was came through my hasband even when he was withdrew I did not feeling withdrawl applcation I don’t know if o am clear so I am considering as asylee tks again jason
hello, I want to ask you , u got ur green card through job without leaving USA ? !
what I knows from my lawyer that you need to leave USA to get the green card through the job ? can you guide us how did u do it ?
It depends on the case – some people can get the GC without leaving, others cannot. In fact, most people cannot, but talk to a lawyer about the specifics of your case to determine what you can do. Take care, Jason
Maybe you can contact the local asylum office with your Alien number and they can verify your status for you. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
hi . Mr. Jason
As there is no scheduling bulletin, I appreciate it alot if anyone could give any information about the year they applied and their interviewing status, Do they interview December 2016 cases now ?
I am in Houston , waiting for my interview filled on December 2016.
Can u tell me something about asylum office in Houston?
Recently my mom My mother got cancer.i have to visit her in other country. Can This reason expedited my case ?
Thank you.
I do not know much about the Houston schedule. But you could try to expedite based on family health issues. We did an expedite request in Houston recently that was approved – the client was interviewed a few weeks ago, but we are still waiting for the decision. I did a post about expediting interviews on March 30, 2017. Take care, Jason
Can u share your customer interview date and applying case date? Thanks
The interview was maybe 4 weeks ago. I think we filed the expedite request maybe 4 or 5 months ago, but I am not 100% sure about that as I do not have the file with me, and it is hard to keep the different time frames for each person in mind. Take care, Jason
Hi Jason,
I have submitted the I-589 without evidences or proofs in NY in October 2017. When is the right time to send the evidence documents and pictures to USCIS please if you have info on NY office procedures?
I applied for Ead one month ago and i haven’t received any notification yet 🙁
Do you take cases in NY?
Thank you so much for all your support and advices
Probably it is best to gather and prepare the evidence, but you can wait to file it until you have the interview notice (different offices have different rules about filing evidence – in my local office, Virginia, we have to file at least a week before the interview; I do not remember the rule in NY). As for the EAD, double check that it went to the correct address. Sometimes, there are delays with receipts, so I would give them another couple weeks. You could try calling to check that it was received – the phone number is at http://www.uscis.gov. If it disappears, maybe you will need to file again. I can do a case in NY, but sometimes it is easier to have someone local. If you want a consultation about this, you can email me at jdzubow@dzubowlaw.com. Take care, Jason
Hi Sam,
Any updates on your timeline like did you get your EAD or an interview notice? I have the same timeline, have applied for EAD but nothing yet and also no interview yet.
Thanks and good luck
Hello Jason,
I applied for asylum one year ago on the basis of being an atheist from Iraq, what evidence should I use to prove that claim? I have a few remaining Facebook posts criticizing religion from back when I was in Iraq and luckily most are in English, would that be enough to prove my claim? if not, what else can I use? I don’t think that I have anything solid outside of my social media activity.
Regards,
Letters from people who know you, evidence that you are a member of an atheist group (in real life or on-line), the posts you have written are evidence too. Also, you can make a personal statement or affidavit explaining how you became an atheist – who influenced you, what books you read or shows you watched, etc. Also, you can get evidence about threats against you or harm you suffered, and general evidence about how atheists are treated in Iraq. Take care, Jason
Hi jason
hope you doing well
I had my interview 3 month a go and as many seekers I’m still waiting for the decision.
Can I expedite it based on family separate situation (wife and son) ?
Once the interview is done, there is no process to expedite the case. You can contact the asylum office and inform them about your issue and ask for a decision. You can find their contact info if you follow the link at right called Asylum Office Locator. I do not know whether that will help (I kind-of doubt it – they make a decision in their own time and it is very difficult to change that), but it won’t hurt and so you can try. Take care, Jason
Is the Chicago Asylum office in charge of your case?
No, Houston
May i ask when you applied please? Did you have your interview expedited or were you on short list? Thanks.
Applied may, 2015
Interviewed January, 2018
No expedition .. yes was on short list
No decision yet
Hi Ali,
When exactly in January did you get your interview? Also when did the Houston office notify you of your scheduled date? I am trying to understand if they set the interview date before the rule change announcement in late January.
Thank you,
Hi,
What do you think the average processing time for I-485 in Nebraska office after granting Asylum?
My friend got it in 4 and half month, mine is pending for a year, the website shows average of 4-8 months,
Do they ask for another medical after the expiry of the current one?
Would you suggest anything as this is making me crazy?
Thank you.
I mean the medical test and vaccines
I am telling people 10 to 12 months, but it is very unpredictable. The medical exam can expire while the case is pending. If that happens, USCIS will send you a notice to do a new one. Given your wait time, you might want to inquire with USCIS – you can find their contact info at http://www.uscis.gov. Take care, Jason
I called the 800 number, they transferred me to a higher customer service agent, it seems that she is an officer,
She told me, as per the new law about possibility of interviewing the asylee family, we follow our local office timing not Nebraska one, our Santa ana office processing time for I-485 is 11-19 months,
She asked me to wait another 7 months before getting worry.
That sounds about right – things are slower (in some cases, much slower) for most everyone these days. Take care, Jason
Hi Everyone,
I know my question is a bit out of topic but I was wondering if anyone has had any recent interviews or has one coming up soon in San Francisco office. What was your timeline if you dont mind sharing.
Thanks
May I know which cases are SF asylum office interviewing these days?As per LIFO rule and interviews will be held from recent filing towards older filings,it will go like dec2017,nov 2017 so on or it will be like jan 2016 then feb 2016 cases will be interviewed?Hoping to hear from whoever have the ideas.
Hi Raj,
I applied at SFO in mid of March, and now my interview schedule for May 4th.
very informative article as always. I have to mention that “EVIDENCE” is becoming much more important than ever in Trump era. according to my and some of my friend’s recent asylum interviews, newly appointed young asylum officers are asking for evidence for nearly each claim we made in our asylum statements and giving a very hard time in the interview. Because they are trained according to Trump Admin’s new directive which raised the bar far for asylum claim.
I have not seen anything to indicate that they have officially raised the bar on asylum. I do think denial rates are going up (I wrote about that on February 7, 2018), but I am not convinced it is due to Trump. I have seen USCIS getting more difficult overall – more requests for evidence, more errors from their end, etc. In any case, I do think times are tougher now, and providing more evidence is a good idea. Take care, Jason
Good morning Jason.Seeing this post makes me feel bad about my form I submitted March I just felt my lawyer was not informative enough am a gay from Nigeria I have a lot of pictures of me being beaten a lot of pictures of scar a lot of threat message and I didn’t attach any single one to my form because I was not well aware what to I do I submitted March at the Arlington office gotten my receipt but not interview date
Depending on the rules of the asylum office assigned to your case, you will either bring that support material with you to the interview and hand it in at the front desk, or you will send it a week prior. Every office has its own rules.
Is there a reason why your lawyer left out this evidence? Was s/he submitting a barebones application to get your file in the queue while you gathered enough evidence to bolster your case? Maybe there was some logic behind it.
Either way, you will get your chance to share this support material.
Jason will advise you further.
No! He didn’t even tell me anything I just told him my case he told me how to fill the form I did everything my self no help from him whatsoever like am 19 and he didn’t even tell me he had submitted I kept on calling his secretary every day every about asylum I learnt it here after he has sent it all I can do now is pray
Yikes.
My (unprofessional) opinion is that it’s not too late to hire a new lawyer who knows what she or he is doing. You need a good lawyer to make sure you have all the relevant evidence, and help you prepare for the interview.
I would start shopping since yours may be scheduled quickly under LIFO.
Good luck!
As usual, I agree with this. Take care, Jason
You can do something else – find a new lawyer and ask for a refund from that lawyer. If you take no action, it sounds like your case will be denied. But you can take action (file evidence, find a new lawyer) and you can probably still be granted. If you need a free lawyer, I wrote about that on September 22, 2016. Take care, Jason
So, what did you pay him for?
The documents all sounds important for your case (and an affidavit is helpful too – I wrote about that on October 11, 2012 and May 3, 2016). You can still submit all this evidence to the asylum office. Talk to your lawyer about that. In Arlington, all evidence must be submitted at least one week before your interview, so it is not too late. Take care, Jason
What about expert report? Somebody live in US and he has some contact in asylum home country. He can send anybody to asylum house and ask neighbor if asylum tell the truth.
That is not really an expert report – it is a report by an investigator about the facts of the case. I suppose you could do that (we do not). Why not just have the neighbor writer a letter in support of the case, instead of using a person to interview the neighbor? We just ask for letters directly from the witnesses. Take care, Jason
Thank you Jason
Hi Jason,
My heart is still smiling thank you.
I’m not sure why I am being thanked, but in the words of Maui (from Moana), You’re Welcome!
Great article! Do you know when State Department Country Reports usually come out? I’ve been eagerly waiting for the ones for 2017. Do you think AO’s have access to these reports before their public release?
Normally it comes out in the Spring (so around now). There are a lot of problems at the State Department lately, and so that may mean the Report will be more delayed than normal. We shall see. I do not know whether AOs get the reports early, but I doubt it. Take care, Jason