The 2017 State Department Country Reports on Human Rights Practices is out, and the news is not good. The Report makes clear that the Department of State (“DOS”) has joined our government’s effort to block asylum seekers by any means necessary–including undermining their claims by lying about conditions in the home countries.
Let’s start with a bit about the Report itself. Each year, the State Department issues a human rights report for every country in the world. Information in the Report is gleaned from U.S. diplomats “in country,” and from other sources. The U.S. government uses the Reports in various ways, including to help evaluate asylum cases. So when a Report indicates that country conditions are safe, it becomes more difficult for asylum seekers to succeed with their claims.
There have always been issues with these Reports. From the point of view of advocates like me, the Reports sometimes minimize a country’s human rights problems. When that happens, we can submit other evidence–NGO reports, expert witness reports, news articles–to show that our clients face danger despite the optimistic picture painted by the DOS Report. But the fact is, whatever other evidence we submit, the DOS Report carries a lot of weight. It’s certainly not impossible to win an asylum case where the Report is not supportive, but it is more difficult. I imagine that’s doubly true for pro se asylum applicants, who might not be aware of the Report, and might not submit country condition information to overcome it.
That’s why this year’s DOS Report is so disappointing, especially with regards to certain populations. The group I am concerned with today is female asylum seekers from the Northern Triangle (El Salvador, Guatemala, and Honduras). Countries in the Northern Triangle are very dangerous for women. As a result, many women from this region have come to the United States in search of protection.
Over the past two decades, the U.S. government has grudgingly recognized that some such women meet the definition of refugee. But even so, it is still very difficult for most such women–especially if they are unrepresented–to navigate the convoluted path to asylum.
The Trump Administration is working on several fronts to make it even more difficult for women from the Northern Triangle to obtain asylum. For one thing, the Attorney General seems to be reconsidering precedential case law that has cracked open the door for female asylum seekers. He is also moving to charge some “illegal border crossers” with crimes (though it is legal to seek asylum at a port of entry). And now, the 2017 DOS Report is undercutting the factual basis for such claims by whitewashing the dangerous conditions faced by women in Central America.
Just looking at some basic statistics, it’s obvious that something is up. The below chart compares the number of words in the “Women” portions of the 2016 and 2017 DOS Reports for Northern Triangle countries. In each case, the length of the Women’s section has been dramatically reduced:
| Country | 2016 Report | 2017 Report | % Reduction |
| El Salvador | 1364 | 423 | 69% |
| Guatemala | 1212 | 283 | 77% |
| Honduras | 1235 | 365 | 70% |
As you can see, the “Women” sections of the 2017 Reports are more than 2/3 shorter than in the 2016 Reports. But numbers alone tell only part of the story. Let’s look at some of what the DOS has eliminated from the 2017 Report in the sub-section called “Rape and Domestic Violence” (and, by the way, DOS has entirely eliminated the portion of the Report devoted to “Reproductive Rights,” but that’s a story for another day). The Report for Honduras is typical, and so we’ll use that as an example.
The 2017 Report for Honduras states:
The law criminalizes all forms of rape of men or women, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. The penalties for rape range from three to nine years’ imprisonment, and the courts enforced these penalties.
Sounds pretty good, aye? The government of Honduras seems to be prosecuting rapists, including spouse-rapists, and the penalties for rape are significant. But here are a few lines from the 2016 Report that didn’t make it into the most recent version:
Violence against women and impunity for perpetrators continued to be a serious problem…. Rape was a serious and pervasive societal problem. The law criminalizes all forms of rape, including spousal rape. The government considers rape a crime of public concern, and the state prosecutes rapists even if victims do not press charges. Prosecutors treat accusations of spousal rape somewhat differently, however, and evaluate such charges on a case-by-case basis…. Violence between domestic and intimate partners continued to be widespread…. In March 2015 the UN special rapporteur on violence against women expressed concern that most women in the country remained marginalized, discriminated against, and at high risk of being subjected to human rights violations, including violence and violations of their sexual and reproductive rights….
So basically what we have is this: The 2017 Report is not a human rights report at all. Rather, it is a report on the state of the law in Honduras. Of course, when the law is not enforced and persecutors enjoy impunity (as indicated in the 2016 Report), laws on the books are not so relevant (and it’s really quite a bit worse than what I’ve indicated here, since the 2016 Report already minimized the violent environment in Honduras–for this reason, in our cases, we often rely on the more honest U.S. Travel Advisory and the OSAC Crime & Safety Report, both created by DOS for U.S. citizens traveling abroad).
How this new Report will impact asylum seekers, we don’t yet know. At a minimum, people will need to supplement their applications with evidence to overcome the rosy picture painted by the DOS Report, and for those asylum seekers who are unable to obtain such evidence, the likelihood of a successful outcome is further reduced.
I’ve said this before, and I will say it again here: What bother’s me most about the Trump Administration’s efforts to block asylum seekers is not that they are making it more difficult to obtain protection–they were elected on a restrictionist platform and they are doing what they said they would do. What bother’s me most is the blatant dishonesty of this Administration, and now of the State Department. If you want to reject female asylum seekers, reject them honestly. Don’t pretend that they are economic migrants and that you are returning them to safe places. At least have the decency to tell them–and the American people–that you are returning them to countries where they face extreme danger and death.
Frankly, there’s nothing too surprising about the new DOS Report. President Trump has made his views on refugees and on women quite clear. But what’s so sad is that the Report represents further evidence that the Administration’s lies have infected yet another esteemed government institution. Not only is this Report bad for asylum seekers, it’s bad for the State Department, which is now complicit in the Administration’s mendacity. Indeed, I can’t help but think that the fate of these asylum seekers is inextricably tied to the fate of the DOS, and the new Report doesn’t bode well for either of them.
Special thanks to Attorney Joanna Gaughan for the idea for this piece. Ms. Gaughan works for the Farrell Law Group in Raleigh, NC. Her practice focuses largely on asylum cases, and she can be reached at joanna.m.gaughan@gmail.com.
[…] to block people who have transited through third countries. We can probably also expect the same dishonesty about the conditions that cause people to flee in the first place. If there is a Republican […]
[…] those countries. The bowdlerization of those reports was no secret–all you have to do is compare the previous year’s reports to the newer reports to see what has been removed. And so there […]
[…] crime and safety report, which is often helpful, especially given that the Trump Administration has white-washed country conditions in many of its human rights reports. Other helpful sources include UNHCR […]
Hello sir
I have resently run away from my home country due to female genital mutilation I would like to file for asylum is there any chance that I will be granted asylum under this situation.
FGM can be a basis for asylum. How strong of a case you have depends on all the facts of the case, but certainly women with FGM may be able to qualify for asylum. Take care, Jason
This article touches some genuine concern I have about my case.
I am applying from my home country based on LGBT status. What you mention in the article is one aspect. And in the case of my home country, the showcase attitude of the government of its non-LGBT civilians try to paint a rosy picture for LGBT treatment to show to the westerners, which in part, contributes to the disingenuous state department report. Westerners are mostly prevented from exposure to the real situation of the LGBT folks in my home country (violence, conversion therapy, forced marriage…).
What can I do about that to counter these negative factors ? when my home country’s institutions and people try everything to delegitimize my claim and some asylum officers/immigration judges might as well just go along with the disingenuous state department report ?
Thanks
You have to find other evidence to counter what is said by your country and by the State Department. This can be done successfully (we have done it), but you need to get the evidence. One good starting point for LBGT cases is Immigration Equality (you can Google them). Also, you might look for an expert on this subject, such as a university professor or diplomat, who can write an expert report for you. Take care, Jason
[…] Disingenuous State Department Report Seeks to Block Refugee Women (The Asylumist Blog, May 2018) [text] […]
Hello Jason and All Asylumist families,
I have three quick questions
1- I am reading about ‘asylum interview short list’ and I didnt understand how to use it. Is it similar to the expediting one’s case or some other thing? Moreover, How could I use of it?
2- Which way of address change is effective? Online, mail or in person?
3- If I marry my American citizen girlfriend should I appily for adjustment of status imediately or wait until my asylum interview?
Thank you so much,
1 – I wrote about this on March 30, 2017. In brief, you have to contact the asylum office and ask to be put on the short list. You do not need a reasons – anyone can do it (assuming the office has a short list). Then, if there is an open interview slot, they will take someone from the short list. It may get you an interview more quickly than if you do nothing, but expediting the case would be faster, if the expedite request succeeds. 2 – We do it online, but you can do it in-person too (bring an extra copy of the AR-11, and they will stamp it). I would probably not do it by mail, as you will have no real proof of filing. 3 – Its up to you. If you are eligible, you can apply – talk to a lawyer to be sure. Take care, Jason
Thank you Dear Jason,
I really appreciate your response. I will act accordingly,
Have a nice Friday and weekend!
Hwo was interviewed by Christina or Christen (I dnot remember exact name) in New York Bethpage office?
HI everyone,
IT’S been over 40 days since i have submitted my EAD application but no notice or receipt yet. What’s the best number to call for inquieries? I called USCIS times first lady told me that she sees an application but cant access the info and asked to call later. Another lady transferred me to a special customer service department where using my a number i was told they dont see any ead application so i have no idea what to do next. Has anyone recently received their EAds?
THANKS
It may be that things are just delayed and you will get the receipt soon – if it was sent to the correct address and received, and if you listed your correct address on the form, you should normally have the receipt in less than a month, but sometimes there are longer delays. There is only one number to call for inquires – you can also make an Info Pass appointment (a link is at right) and go in-person to ask. But without the initial receipt, I do not know there is much to do. If you don’t get it soon, you may want to send a new application with an explanation for what happened. Good luck, Jason
Dear sir. I applied ead for my son he is 8 year old and have pending asylum.i forget to send his photo with application. I got latter from imigration that they received my case is it possible I have to send them photo or they can take from his biometric data
I think if they need the photos, they will send you a letter requesting them. That is probably the best thing to do at this point. Take care, Jason
Hello
I request an expedited interview , I sent them letter on Mail by post.How long does it take to respond , I sent it to Boston office. I requested it without having a lawyer as my financial situation is not yet good to hire a lawyer , is there any chance they can accept my request if I did it myself,. I sent all evidence showing my wife was shot recently it was written in the international news as well.After how long of waiting of their response I can call them to ask for it.
kindly
Hi Sarah, i tried the short list in Boston and apparently it worked out for me, applied in june 2014 , asked to add my name to the Short list in Jan 2017, did my interview in August 2017, decision still pending, do you know by chance how fast is Boston office in issuing the Decision ?
If you can, email them the request again. I think that may be more effective. You can find their contact info/email if you follow the link at right called Asylum Office Locator. You do not need a lawyer to expedite, and it sounds like you have a good reason to do so. Good luck, Jason
Thank you Jason and AS , after one week that I sent request for expedited interview ,I got letter yesterday saying my request for expedition was granted. Happy as it s a step forward ,hopefully the interview will go well.
I sent witness letter and articles talking about how my wife and shot.It was all over the news ,the department of state 2017 also on its human right report wrote my wife threat even if the last incident was not mentioned as it occurred a month ago. Do I need to submit more articles talking about my wife. There many many articles on her. But as I saw in one of your articles it s not good to sent many articles just proving one fact.
I sent witness letter from International Amnesty
and two letter from well know person from human right organization
It’s up to you – but if you have an article from a reputable news paper or human rights group that is probably enough. But since I do not know the case, I cannot say for sure. Generally, though, if you proved your point, you do not need to prove it twice (or 10 times). Good luck with the interview (which may take a few months to schedule, so you have to keep being patient). Take care, Jason
hello
I just got my interview date , in two weeks I ll be going for the interview , everything goes very well than I expected. In three week since I requested the expedition I got it granted within a week and given date in another week.All in a month I ll be waiting for the result.
The question I have now is, I plan to bring a translator. Do they need a professional one or I can bring anyone who understand both language (of course not my attorney, representative or witness). Can I bring a fellow asylum seeker (her case still pending) to translate for me.
He speaks english quite well than me even though she has an accent.
As long as the person is fluent in English and your language, you can use them. It is better not to bring a close relative as the interpreter. I think a person with a work permit should be fine, even if they have a pending asylum case. Also, there will usually be a second interpreter on the phone to ensure that the interpretation is accurate. We wrote a post about this on September 27, 2011 and maybe that would help you. Take care, Jason
Finally I received my asylum approval after 4 years. The decision took 30 months after the interview but it was worth waiting.
My Lawyer contacted Asylum office through Lawyers associations’ liaison who helped us to get the decision from the asylum office.
I believe there was an issue with officer who took my interview and that is why my decision took for a long time. The decision didn’t take that long when the liaison contacted the asylum office and I don’t believe it was pending because of security background check.
Here is my timeline for my asylum by the way if this helps for those who are waiting for decisions or interview
June 2014: Applied for Asylum at Arlington Office, VA
April 2015: Added my name to the waiting list
Nov 2015: Interview with Asylum office
May 2018: Asylum granted (Waited the decision for 30 months)
I would like to thank Jason who always provides valuable information to this asylum community. Thank you Jason.
Also thanks Sara and other members who always help the community that are connected to this blog.
Congrats, Adam!
Thanks Jamie
Awesome news, Adam!! Congrats!!!!!! 🎉
The tip about the lawyer inquiry is very helpful. I hope others waiting on decisions as long as you have are able to do something about it, too.
Thanks Sara. Always better to have a lawyer if you can afford.
Congratulations Adam , it’s almost 11 mounts that I’m waiting for asylum decision the same office Arlington, can you explain me how I reach to Lawyers association’s liaison?
The asylum office has periodic meetings and lawyers (and maybe non-lawyers) can submit questions. My experience is that these inquiries are not that effective, but maybe they worked for Adam, and once in a while, the asylum office is responsive. If you have a lawyer, you can have the lawyer do it. Otherwise, I am not sure how you learn about the meetings or if non-lawyers can attend. You can contact the asylum office and maybe they can tell you. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Saber. I’m not sure how my lawyer contacted the association liaison but what I understood from him, they can use the liaisons for the cases that are pending for a long time. You can check if you have a lawyer.
Thank you for letting us know. It is tragic that these cases take so long, but at least it is done – Congratulations, and welcome to the USA! Take care, Jason
Thanks Jason
If someone has applied for form i730 in feb 2018, and there is a backlog too at nebraska office, so how long its going to take approximately b4 the family can be brought in USA.
It is a two part process – the I-730 probably takes 6 months (give or take a few months) and then the processing at the embassy, which probably takes several more months, but it depends on the embassy and the case. In general, most I-730 cases are complete and the person is here within a year, but it could certainly be longer. Take care, Jason
You can check the processing time of I-730 at Nebraska office which currently is 09/08/2017.So just wait for your turn so my rough Estimation yours case ‘s priority date will be Sept 2018.Good Luck Patience is the Key !!!!!
Thank you – the processing times are not super-accurate, but they give an idea for most cases. Take care, Jason
Pls Jason, can my mum apply for visitors visa even while I’ve pending asylum case?
Yes, but it may be more difficult for her to get the visa, depending on the type of visa. Since you applied for asylum, the embassy may think she will apply for asylum too, so she should provide evidence that she will return to her country at the end of her visit (assuming here that she is applying for a B visa). Take care, Jason
Thanks Jason,
But she wasn’t part of my case and she is applying for a visitors visa and she intends going back probably after a few weeks or a month. Just curious though.
Thanks
Sammy,
I think what Jason is saying is that if your mom can also claim persecution, and given that you applied for asylum, the consular officer-irrespective of your mother’s good intentions- may believe that your mother may come to the US and apply for asylum. It is interesting to note that, even though you came here and applied for asylum, your mother may not necessarily qualify for asylum. An example of this would be a young lady who’s applied for asylum in the US because of fear of Female Genital Mutilation (FGM). Her father is interested in applying for US visa. Obviously, the dad wouldn’t necessarily qualify for asylum as he is not NECESSARILY a target for FGM. Hypothetically, he could qualify if he can show that his life is at risk because of being related to the young lady, and they are perhaps targeting him for protecting his daughter.
Your mother could show that she has ties to her home country and try to convince the officer that she has no intentions of staying in the US.
Hello.
I already asked questions about my I765 form. I filled it on 12th February and since then – never heard anything else. I submitted online request and it says that background check is being done on my case. I waited couple more weeks – and submitted a form again – no response. I called the office but they said that they don’t know what is the reason of delay and I should just wait. Can you please give me an advice what to do in this situation.
Thank you!
The wait time for EADs is very unpredictable, and if you have a receipt, your case should be processing. Aside from calling them, the only other action you could take at this stage is to contact the USCIS Ombudsman (a link is at right). However, I suspect that it is too soon for that (again, assuming the case is pending). Take care, Jason
I contacted you a few months ago to find out if you would be available to hire you as my lawyer but from you posts, I understood that there was no need for me to do so since I was already interviewed. Yet, it has been 15 months since interview and I was interviewed in a circuit ride. However, here is my question. I have decided to fly to Chicago in person to inquire about my case. Would you recommend me to do so? If yes, do I have to make an Info appointment here in my City or with the asylum office? Would it affect if I did not tell my lawyer?
Please Jason, advise because some of my kids remaining home are a serious trouble and as a parents this has been affecting me psychologically.
I have a case pending there too since ~4 years and was interviewed exactly 12 months ago in a circuit ride with no decision yet.
I think going to office will not be bad at all. I stopped by the office couple of times before my interview and did not need to make an appointment (I just checked their webpage again and says walk-ins are welcomed “Walk-in Hours for this office are Monday through Friday from 8:00AM to 4:00PM” https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=ZCH&OfficeLocator.office_type=ZSY&OfficeLocator.statecode=IL).
But their response to me was exactly as the system-generated mails in person too: “Wait for your interview”. You may want to let your lawyer know so he is in the loop but he should not have opposition for you following up on your case.
I understand how frustrating the wait gets. Good luck and hope both are out of this waiting game soon with a favorable response.
I think you should try to email them first. You can find their contact info if you follow the link at right called Asylum Office Locator. You can go in person, but you need to check their office hours (I do not know the hours in Chicago, but it should be on their website). You do not need an Info Pass – that is for USCIS cases, but not asylum cases. For asylum cases, you would need to inquire at the asylum office itself. I think you should tell your lawyer your plan, though I do not see how an inquiry would make much difference. Unfortunately, it is very difficult to get them to make a decision, and that is one reason attorneys are reluctant to step into the case at this stage (we can’t do much to help, and we need to charge for our time, which can be expensive given our relative lack of power). You can also try the USCIS Ombudsman – a link is at right. If that fails, you can try a mandamus lawsuit. You would want to talk to a lawyer about that. Take care, Jason
Thank you Jason
Finally my asylum case online status shows something “We ordered your new card for Receipt Number XXXXX, and will mail it to the address you gave us” I’ve been waiting a decision for 30 months. I did my interview in 2015. The asylum office promised to my lawyer that they will send the decision to mail but I didn’t receive anything yet. On Friday the online status changed to “we ordered your new card”. I don’t know if this means my case was approved.
May be Jason or Sarah can shed some light what this means.
Fingers crossed.
Adam, could you please let me know where/how do you check Asylum case status online? In myuscis case section, every time I try to add my asylum case, it gives me an error stating the receipt number is incorrect.
Vicky, I believe you can only check your case online when they make a decision of your case. It gave me the same error message for 30 months but it shows something now because I think they made the decision.
Congrats, I have seen this many times. It basically means that they did approve your case. Calm down now. You were able to look up your case online because after asylum case is approved, they order i-766 employment authorization card that is valid for 2 years.
Hi Adam,
30 months is such a long wait — I really hope you receive your approval in the mail soon!
Here’s what I know about case status updates:
What fellow asylum applicants say: Their status changed when their cases were approved.
What my asylum office says (at least the gentleman I spoke with from the NY office): The case status tool doesn’t work, and only does for EAD receipt numbers.
My experience: My status did change 2 weeks after I received my approval notice in the mail. The case status tool went from not recognizing my I-589 receipt number to saying:
“My Fees Were Waived
On (date of approval), we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number (I-589 receipt number). We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by (approval date + 1 month), please call the USCIS Contact Center at 1-800-375-5283. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.”
Hope this helped.
My lawyer always told me not to rely on the case status tool, but I’ve only heard of the status changing in the case of an asylum grant so I hope you get your good news soon.
Thanks Sara for the Info. I will keep watching my mail. Hope I will get an approval soon. Thanks
Adam, 30 months is seriously a long wait! I hope you get your approval very soon! All the best!
No problem, Adam. You’ll get it soon hopefully *fingers crossed*.
Thank you so much Sara! Now I will check my case status online only after I apply for EAD.
Anytime, Vicky. Good luck!
This seems to be how it works for others too – Thank you for sharing. But this is still an “unofficial” way to know whether the case status has changed. It would be nice if USCIS would just indicate how things are working, and then we would know. I suppose informing the public is not high on their priority list these days – that is why we have Sara. Thank you, Jason
As a matter of fact, in the AAPM (page 57 Under Employment Authorization of Asylees) it’s clear that the AO will trigger the production of EADs in RAPS.
So it would be the official practice that USCIS production centers receive initiation from the Asylum Office with I-589 receipt number after Asylum approval.
It’s also mentioned multiple times during the stakeholder meeting that if an individual did not receive EAD she shall contact local office so they could trigger the production of such EAD (after approval).
As far as the current system goes, it’s a reliable way to tell your case is approved if the receipt # shows up in the online system. (And EAD is the prove of asylee status for SSA, DMV and employment purposes).
The asylum approval letter and I-94 are proof enough of asylee status for the purposes you mentioned.
Also, I agree with Jason Dzubow that case status is an unofficial way to find out if a case is approved. My case status didn’t change until 2 weeks of my receipt of the approval letter. This proves that Jason – and my lawyer by the way – are correct that one shouldn’t rely on the status tool. Even an immigration analyst from my AO said the tool is not reliable. That’s not to say that an update doesn’t imply an approval.
My guess is that the tool updates when the A05 EAD is in production, rather than when the case is approved. This can be at the same time the case is approved or later.
Bottom line, until the USCIS makes this official practice, it remains unofficial.
Maybe some of this process will be moving on-line. Despite my Luddite tendencies, that would probably be a good thing. Take care, Jason
Thank you – I think it would be helpful if the asylum office made this info more obvious. On the other hand, I guess people will then be checking their status 10x per day, which might not be healthy. Take care, Jason
Hi Sara. I was also granted asylum in court. About 2 months ago. So still if I enter my I 589 receipt no on case status website it didn’t recognise my receipt no. So may be they don’t change every body. I also file for my family and I have that reciept no and that is showing in case status web site but I 589 reciept no is not recognised. I was granted in court and I took info pass and went to uscis for new work permit but they said that you have valid work permit so you don’t need new after asylum grant. So this was my experience. Thanks
Thanks for sharing, Ad. More proof that the case status tool is unreliable.
Hi Adam, congrats after such a long time. I bet it feels amazing!!
Do you mind sharing your asylum office and country of origin?
I am hesitant to make any prediction based on USCIS updating your case status. I hope it is a good sign – let us know. Good luck, Jason
Hi Everyone,
If this helps others, I would like to share my timeline and interview experience since it was filed after the LIFO system was implemented, my case is with Anaheim, CA office.
3/12/2018 I589 Filed.
3/15/2018 Received reciept
3/22/2018 Biometrics Receipt received
4/2/2018 Interview Notice Received
4/4/2018 Biometrics done
4/20/2018 Interview done, asked to pickup decision on 05/04/18
4/30/2018 AO called Attorney stating he will mail the decision
5/2/2018 USCIS Notice Received stating decision pickup changed to decision by mail.
Few notes: My interview lasted for almost 5 hours, we went at 8 in the morning and came out at about 1.30. The officer was VERY nice and extremely thorough, he had initially indicated he would take my wife’s testimony separately, but after finishing mine, he indicated he has everything he needs and he does not need anything more from her.
Also one more thing I wanted to share is, I had prepared an extensive list of articles for supporting evidences and sent it to my attorney, they chose to use only about 7-8 supporting articles, but I had still carried everything with me to the interview and told the officer if at any point during the interview if I feel there is an important article which my attorney has not submitted, can I provide it to him and he agreed to accept. My list was so extensive that I had prepared an index of all articles and categorized them into categories like Police, Government inaction, violence, corruption in my COP, etc during the interview there were some claims I made and he asked me if there is any supporting evidence, I pointed to a few articles and asked my attorney if he had provided them to USCIS and he said he hasn’t as he felt those were not necessary, but the AO said he would take those as those are very important, He was very impressed and said he hasn’t seen someone coming with an index for supporting evidence in a long time. I came out with a very positive feeling.
Towards the end of the interview, he asked me a question, if I had filled my previous visa applications myself or someone else had filled it? I indicated it was me, but after I left the interview, I realized that my last employment-based visa application which was done a few years ago was filled by my attorney and I am worried if this could be a problem?
Is this a normal question which they ask everyone?
I will update everyone once I get a decision from USCIS.
Jason, I wanna thank you for all your articles and responses to everyone, you provide a ray of hope to many people who desperately need it in such trying times.
Best!
Vicky.
Goodluck! Thanks for sharing your experience.
It’s me baljinder you came here by Visa or border I applied here in Newark in April 2016 an till waiting for interview
Baljinder, I came on a visa.
Then how long it took to get your interview
Sounds like it went well. I don’t feel too concerned about the last question (about the visa). It should only be an issue if there are inconsistencies in the application; otherwise, it probably won’t matter. Also, of course, it is very common for “pick up” decisions to get changed to “mail outs.” Finally, as for the lawyer, I tend not to include so much country condition info, as it can overwhelm the decision-maker. We do try to summarize each exhibit, which helps, but I don’t like to include too much, unless there is a specific reason for it. Different lawyers do that differently, and it sounds like with this officer, your approach was better than your lawyer’s. Anyway, good luck with the decision, and thank you for sharing the time line, Jason
Hi Vicky.
Any. News yet?
I had a similar experience at Anaheim too this month.
9 days after the interview, my attorney was called and decision pick up changed to mail out.
Jason
Please is this unusual and can mean a negative outcome?
It is not unusual and I always advise my clients about it in advance. More than 50% of my pick-up decisions get changed to mail-outs. I have not noticed any impact (good or bad) on the outcome of the case. Take care, Jason
Hi Jason.
Thanks for your response.
I got a mail from USCIS on Saturday morning inviting me for a second interview.
What could this mean, what do I expect please ma’am completely freaked.
Thanks for all that you do for our community
There are many reasons for second interviews – the asylum officer quit and there is a new officer, they forgot to ask you questions, they discovered new info and want to ask you about it, the asylum office and supervisor do not agree about the outcome, etc. It is not that uncommon, and I think there is no reason to freak out. You should prepare for this interview as you prepared for the first, and also make sure to go over the first interview to the extent that you remember. Good luck, Jason
Hi Jason.
Thanks again for your kind help.
Held my second interview last week. It lasted for about 2 hours. In between the AO had to take a 15mins break.
We didn’t get thru the whole affidavit but only focused on the gang,my relationship with the gang member (that set me up) and how I know it’s an anti gay gang. My case is LGBT related.
I think I did my best in answering all questions.
The sad part is that the decision, the AO said is going to be a mail out. How soon do you think it might come?
There is no way to know. People from Muslim countries tend to wait longer than others, but mail-out decisions can take anywhere from days to years. These days, a couple months is common. If you do not hear anything in two months, you can contact the Asylum Office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
First and foremost Jason, I want to thank you for all that you do for this community…your time in advising,updating,informing and answering all our concerns. May all you do and that is yours continue to prosper
I got my final APPROVAL today!
Timeline…
filed in LA asylum office on 02/3/2018
1st interview 05/24/2018
2nd interview 06/27/2018
Asylum granted 07/05/2018
Thanks for everything. Am so grateful to you, the blog and the community!!!
Congratulations! It is helpful to hear good news. I wish you the best in the United States, Jason
Hi Vicky!
Received your decision yet?
Hi,
Hope everything is going well.
As I mentioned before I granted asylum, and before some days I also applied I-730 for my famliy. This is the result of your effort to help for this community dear.
As usual I have some question
1- when they gave the letter of approval, they told me that the office will send me new EAD and letter for finger print. However, I could get all these things from the office. It was before 2 months.
2- I already applied for my family, what is the next move and what documents are needed at the embassy?
Thank you
1 – You might want to email the asylum office to ask about this, as you should get them. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – Check the instructions to the I-730; the process is pretty simple compared to most immigration applications, but if you check the instructions, you should get an idea, so you can start preparing. Take care, Jason
Hello Jason, and everyone else. I have some questions or some clarifications that I need. I came in 2009 with F1 visa, I was able to finish my undergraduate degree while on my last year in December 2014, my home country was going through a turmoil mainly radicalization and IS affiliated groups took over and burned our homes, my brother was killing, and our cars, places of worship were burn to the ground…… I gave many interviews on local radios and on blogs about the dire situations and the procecussions my tribe which was among the minorities and with different religious belief. So couple so anytime I would call for the radio debates people from that radical group would come and tell my mom to tell to stop intervening the last one they said, the minute I would go back I’m a dead man. So anytime they come she would go to the police and have it documented and in the record.
So, I filed asylum 2015. I wasn’t able to keep my F1 status but since I filed for asylum I Have EADs and renewed 2 times. So I’m currently finishing my masters degree. I had an interview this Thursday and it went fine and was gave all my supporting documents and everything. The officer agreed that my life would be in danger once back home. He asked me at the very Begging of the interview if I’m aware of the one year rule I said no I wasn’t aware. And he said yes there’s a one year rule that you must filed asylum within. So after 2 hours at the end of the interview, He asked me again the question but this time why I did not apply right after I got here in 2009 and My answer which was honestly true” my country didn’t have any turmoils “ that would make me filed for asylum as I didn’t intend to stay in the U.S. as my plan was to go back home after my studies. So he said ok I see.
I among my supporting documents there was pictures of my girlfriend and her son that he doesn’t know his biological father (deceased) but considers me as a father figure and even calls me daddy and are both American citizens. So when he finished the interview he look at me in the eyes and said “ I can only make recommendations the final answer is with the main office. “ But you should consider all your options! I said what do you mean so he replied you should have married your girlfriend since you guys love each other and she would petitioned for you. I said I’m waiting to finish my masters program and get a job and then we are planning for the wedding; he said well you may go to the court house and have the civil ceremony and get a certificate and later on whenever you guys ready do the rest of the ceremony. I said I didn’t thought of that as I have a pending asylum case. He said I understand and shook my hands and said sir, consider all your options and good luck!
So my thing or question is this, since there’s an exception to the “one year” rule for filling asylum late after the one year does the situation of my country been explosive after the expiration of the one year could be within the exceptions? Do you think I have a shot from the hints that the officer let me know? Do I need to wait for the result of my case with the asylum to do anything? Please help and guidance. Thank you in advance for your time and consideration
The asylum officer practically gave you his recommended approval right after the interview which his very unusual (am I right here or have any others actually experienced this?). I believe the officer is worried his RA might not turn into a final approval if the main office doesn’t like that you violated the 1-year rule, but you should be able to fight that since you have a legit reason for not applying.
I wouldn’t let that bully me into marrying early just for petitioning, it’s crazy that the officer is pushing for that. But at the end of the day maybe it’s best for Jason or those with more experience to weigh in on what your best option might be.
I, too, don’t think he was hinting at a recommended approval. Remember, this is reserved for people who are approved pending the outcome of their background check.
As for the marriage question, I think this was an interview tactic: The officer wanted to get a feel of your real motive(s) for wanting to remain in the US. Maybe I am overthinking it a little bit, but I sense that the officer was a tad bit confused as to why you didn’t take the easier route which is petition by marriage. I feel like he genuinely wanted to know why you didn’t get married to your girlfriend as he probably believed that how you answer the question can help him make the decision on your case. What officer in his/her right mind-irrespective of the circumstance(s)- is going to tell you to get married so you can stay in the US? Not only that, he is going to tell you how to do it!
As to the one year deadline, I don’t know if you can just say that there wasn’t any turmoil so you didn’t file. You have to be able to demonstrate that there was in fact changed country conditions, using reputable sources or expert witness(s), within the time-frame you are suggesting the change occur, especially if the turmoil occurs sporadically, inconsistently, or occasionally. Were you able to prove that there was in fact changed country conditions?
This is my opinion. Please wait for Jason’s response.
I don’t know about the officer’s intentions, but your paragraph about changed country conditions is spot on – if you can (or did) show that, you can overcome the one-year bar. Take care, Jason
Tina, I was going to mention the same thing you concluded: You said that some claims don’t fit perfectly into the 5 enumerated categories, or the asylum law. But then I saw that Dan did mention that his community was experiencing turmoil in the form of radicalization and ISIS terrorists ( I am assuming that’s what Dan meant when he said “IS affiliated group”.) I was thinking that most of these cases almost always fall nicely within the scope of the asylum law/ the 5 enumerated group.
However, like I have said numerous times, you have to show- even though you may have a genuine fear of persecution- that you can’t relocate internally because the threat is widespread/countrywide which would defeat the purpose of re-locating. Even if one area is safer per se, if re-locating is impractical or would cause hardship, then USCIS may excuse the ability to re-locate. In addition, you have to show that your government is complicit, unwilling, or unable to protect you from the persecution. To this end, Tina, you might be right.
I hoping the best for Dan.
I think it is always risky to read into what the officer is saying (or trying to say), and I would only get married if you want to. At this stage, you can still wait to see how the case turns out, and if it is referred, you can fight in court. At some point, if it seems you will not win, you can do the marriage case, or if you just choose to get married on your own, you can do the case then, if you want. Take care, Jason
Hey Dan,
Your changed circumstances should give you an exception to the one-year filing rule, if you filed within a reasonable time of said changes (Jason will verify this).
I don’t like that the officer was trying to push you to the marriage route; this is none of anyone’s business except your partner and yours, but I think it was coming from a good place. I also don’t think he was hinting at a recommended approval pending a decision on whether or not you meet an exception to the one-year rule. RAs are given when a case is approved pending background checks — as far as I know.
I hope you win your case, and are able to remain safely here. All the best to you and to your family back home dealing with these lunatics.
Change country* circumstances
Verified pending Jason’s verification:
https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-14927/0-0-0-15007.html
My 2 cents: I think the officer was saying, he would have no problem approving Dan, but???????????????
It may not just be the 1 year bar. Only Dan and the AO have the entire picture.
I do not also see his comments as pushing him into marriage. (Un)fortunately, ‘love’ isn’t the only reason people marry. Realistically speaking, people get married for different reasons. Some reasons may be wrong, but ‘valid’. I am completely against sham marriages, but if getting married will keep Dan, and his girlfriend together, while keeping him away from danger, or even death, I do not see anything wrong with that, except the woman has to be coerced/convinced to marry Dan. Why are we seeking asylum? If we ever consider going back an option, we have either given up the fight, chosen to die, or never in danger. Dan, if you guys have a working, and mutually respectul relationship, I do not see why not., Afterall, some people who professed undying love are sworn enemies today(sweet love gone sour) . I am a living example.My point? The officer is a good guy, who understands that some honest and painful stories are not crafted into the asylum law. Again, it’s my 2 cents.
Hey Tina!
You make a good point when you say that some honest and painful stories are not crafted into asylum law.
I would like to think the officer mentioned the marriage thing out of kindness, but it also could have been a test. There’s no way of knowing, and I would have been very weirded out by this had it happened to me. Maybe I’m too paranoid.
Dan, was the death threat that you received through your mother close to the date when you filed for asylum? If so and you can prove it, maybe this could qualify as a changed circumstance after which you filed within a reasonable time? A lawyer with knowledge of your case should help you with this if you get referred to court because of the one-year bar. Your country conditions hadn’t changed since 2014 from what I gathered, but the death threat was more recent than that — at least that’s how I read it.
Jason will steer you in the right direction here. We’re all just sharing our thoughts.
You are right on. Plus, maybe Dan’s involvement on the radio or internet could constitute changed circumstances. The bad guys learned about it, and then he filed for asylum. Of course, it would depend on the timing of events and whether he filed within a “reasonable time” of the changed circumstances. Take care, Jason PS: Just because you’re paranoid doesn’t mean they’re not out to get you….
Why does this reply have me 3 pages deep in Catch-22 quotes? Because they’re that good, that’s why.
And I agree: It pays to be paranoid.
Sarah and Jamie,
Wow! In present day America, it is possible that the marriage suggestion might have been some kind of test.I never looked at it from that pespective. On the other hand, there might have been inconsistencies on the story line, (especially on the issue of changed country conditions) and the officer genuinely felt he should look at other available options, to remain. Remember, he told him to consider other options twice. More like.” I hear you, I see that you deserve asylum, but the asylum law is not in your favour, here, so you may not qualify”. I am not saying there were inconsistencies during the interview, but, only Dan and the officer have the entire picture and story. People with recent migration histories are usually compassionate towards migrants, and we also do not know the oficer’s personal story. I however also see Jamie and Sara’s point, because really, what was the relevance of the girlfriend and her son’s photo to the case? If that ever crossed the AOs mind, it might have been a test. I guess we are all just saying. Jason will give his expert opinion.
Perspective* officer* . As usual, my ‘semi-smart’ phone failed me😊
I married for money. You basically have to do that if you want to practice asylum law…
You’ll have to see what happens, but if country conditions changed, and you filed within a reasonable period of time after the change (maybe 3 or 4 months; there is no set rule), then you should be eligible for asylum. If he sends your case to court, you can still get married and eventually close out the case and get your GC, but it would be easier for everyone involved (including the US government) to simply approve the asylum case. Hopefully, they will. Good luck, Jason
Why, inorder to practice asylum?😊
Put it this way, asylum lawyering is not quite the get-rich-quick scheme that I imagined it would be when I started out. C’est la vie…
😊 You have a rich heart, and I bet you have more peace/ joy than most economically rich people.
“I married for money.” I’m dead XD XD
And Tina responding in her usual sweet way is not helping.
Thank you so much Sara, Rob, Jason, Jamie, Tina. I truly appreciate the help and hopefully I will hear a good news from the USCIS.
Goodluck, bro.
I submitted my ead form last week Friday, pls how long does it take to get a receipt and how long does it take to receive the ead after getting the receipt.
Thanks.
Faith, from my experience it usually takes anywhere from a week to a month. I would say wait 3 weeks before you contact them.
First time EAD receipts probably arrive in 4 weeks or so, and the EAD may take 1 to 6 months. Renewals seem to take 6 to 8 months. Take care, Jason
I applied for my EAD end of march but still no recipt or updates. Some people i know have received their in 40+ days some say it takes 90+ days.
Best of luck
I got my receipt today.
It basically took a week because it got delivered on the 26th of April and I got the receipt today.
Thanks Jason
When had you applied for yours ?
Thanks
It’s interesting how the government relationships impact such report. For example, DOS report on China almost remain unchanged… because of diplomatic relationships and higher national interests.
I do have a question: there is a special Congressional-Executive Commission on China (CECC) who also issues annual report on China’s human rights conditions. As it’s also a US official report and suppose to be in a more specialized position, how much weight USCIS would give to its report?
3rd circuit repeatedly mentioned that DOS report is a significant evidence but failed to acknowledge other US government report.
Any report by a credible organization is valid evidence. It’s just that the DOS report is always considered by the adjudicators, and that is the report they are most familiar with. Sophisticated applicants know to include other reports, but many applicants do not know about this, and they will be harmed by biased reports. Take care, Jason
Hi Jason,
Sorry for my out of topic question. I filed I-485 based on granted asylum. My case was sent to a local office, which has 2 lines. So, there are two lines for I-485 Employment-based adjustment applications and Family-based adjustment applications. Could you, please, tell me which line works for me? is there a separate line for I-485 based on granted asylum?
That, I do not know, sorry, Jason
Do you know why your I-485 based on asylum grant was sent to a local/field USCIS office for adjudication? And was it initially being processed at the Nebraska Service Center? I’m only curios because I’ve been told that majority of principal asylees adjusting their status have their cases adjudicated at the service centers.
I have a similar story,
After many trials, I could speak with a higher officer in the immigration, most cases (or maybe all) get transferred to then local office due to the new law about interviewing the asylee family members, local offices are not ready or prepared for extra cased,so it takes in average 19 months processing time
There is no new laws.
They just not waiving the interviews for certain applicants.
Normally for the principle applicant they do not schedule interview.
As to the question, it’s neigher. But the overall timeline can be a good reference point as to the processing times at local offices.
Hi Alex,
Are you applying based on derivative asylum status?
Nope, I am an asylee who was granted.
Hi sir
I filed my asylum case in 2016 Feb. I read about all the changes. ur page had been really helpful. Can u give me any guesses, any idea when is my interview expected. Just wats ur idea. guess will work cz i need to update my in laws back home. N since u r very knowledgeable it will be ok. will i get my interview this year?
Unfortunately, there is no way to know. It depends on many factors, and right now, we do not even know for sure that the new LIFO system is operating at all the asylum offices. Take care, Jason
Thank u so much.. What about LIFO in NY?
Hey Sam,
I would call the office and ask what month and year they’re on. You can even ask if they know when they will get around to yours.
What Jason is saying is that every office is implementing LIFO differently, so your best bet is getting that information directly from your office.
If you do call, do update us here as it will be helpful to other NY applicants.
Sara, question, if you don’t mind: Did you experience any difficulty changing your social security to “unrestricted”? A friend of mine told me she had some problems.
Hi Jamie!
No issues at all changing mine. The asylum approval letter and I-94s were the only documents we used to supplement the SS-5. I received our unrestricted cards in the mail in 3 days.
The SS Administration office on William Street (lower Manhattan) is great, if your friend can make it there.
Sara, thanks. I think it depends on the person you go to.
Your friend can try again and have this printed out: https://secure.ssa.gov/poms.nsf/lnx/0110211205
for proof that the documents s/he has 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.”
If the person she goes to refuses to issue her card, she should ask for a supervisor. They need to abide by the guidelines that are on their website. I wouldn’t take no for an answer if I were in his/ her shoes 😊
Sara, thanks for this information. Very helpful!
Anytime 😊
Hi
I called them today and they said because of new policy they are not sure wat months they r at and they do not wen they can get around mine. But he mentioned that they r also picking up cases from back log and they are done until September according to a bulletin i found on their website.
It should be operating, but I have no specific info about that office. Take care, Jason