What Happens When Asylum Is Granted?

With all the bad news related to refugees and asylum seekers, I thought it might be nice to discuss something positive: What happens when an asylum case is granted?

One of my clients celebrates her asylum grant.

The fact is, despite the best efforts of the Trump Administration, people are still winning their cases. They are winning affirmatively at the Asylum Offices, and defensively in the Immigration Courts. There are some differences between an affirmative and a defensive grant, and we’ll talk about those first.

If an applicant wins at the Asylum Office, she receives a letter indicting that asylum was granted. The date on the letter and the date of the asylum grant are usually not the same. To find the date that asylum was granted, look in the body of the letter on the first page. It will indicate that “asylum was granted on” a certain date. This is the date that matters for purposes of applying for a green card and obtaining certain government benefits.

If asylum is granted in Court, the Immigration Judge will issue an order stating that asylum is granted. If the DHS attorney appeals, the case is not over, and will have to be adjudicated by the Board of Immigration Appeals. But if DHS does not appeal (or if the BIA has already indicated that asylum must be granted), then the case is over and the applicant has asylum. There is one more step that the applicant must take in order to complete the process. The person must bring his approval order and photo ID to USCIS, which will issue an I-94 indicating that the person has asylum, and will also create a new Employment Authorization Document (“EAD”). You can learn about that process here (check the link called post-order instructions).

As soon as asylum is granted, you are eligible to work in the United States, even if you do not have an EAD (see Working in the United States). You can also get an unrestricted Social Security number by contacting the Social Security office.

A person who wins asylum can file an I-730 petition for her spouse and children. To qualify for an I-730, the marriage must have existed prior to the date that asylum was granted. For a child to benefit from an I-730, the child must have been under 21 and unmarried at the time the asylum application was filed. If the child turned 21 before the asylum case was granted, he is still eligible to benefit from the I-730. However, if the child married after the case was filed, he is not eligible to bring his own spouse and children to the U.S. through the I-730 process.

One year after asylum is granted, the alien may file for her lawful permanent residency (“LPR”) (her green card) using form I-485. We used to advise people that they could file for the green card 30 days prior to their one-year asylum anniversary, and this used to work. But then we filed a green card application early, and USCIS rejected it. Since then, we have advised our clients to wait one full year before filing for their residency. Principal asylum applicants do not generally receive a green card interview, but dependents usually do. When you receive the LPR card, it will be back-dated by one year (so if you get the card on May 21, 2018, it will indicate that you have been an LPR since May 21, 2017). You can apply for U.S. citizenship based on the earlier date listed on the card.

A person who wins asylum can obtain a Refugee Travel Document using form I-131. This document is valid for one year and is used in lieu of a passport, but there are some limitations. For example, returning to the country of feared persecution can result in termination of asylum status or lawful permanent residency (I wrote about this here). Also, not every country will accept the RTD as a travel document, so you have to check with the country’s embassy in advance.

People granted asylum may also be eligible for certain government benefits, including referrals for short-term cash and medical assistance, job development, trauma counseling, and English as a Foreign Language services. The Office of Refugee Resettlement has a state-by-state collection of agencies that can help with these and other services (once you identify agencies near you, you have to contact them directly). For those granted asylum affirmatively, the Asylum Office sometimes holds meetings to explain the benefits available to asylum seekers. You would have to ask your local Asylum Office about that. Be aware that after the case is granted, you have a very limited time to access most services, and so the sooner you reach out to provider organizations, the better.

Asylees are eligible to attend university (asylum applicants who have an EAD are also eligible to attend most universities). In many cases, universities offer in-state tuition to people with asylum. There may also be scholarships available. You would have to reach out directly to the university to learn more about tuition discounts and scholarship money.

Asylees also have certain legal obligations. If you are a male asylee (or a dependent) between the ages of 18 and 26, you must register for Selective Service. LPRs and citizens are also required to register. Also, like everyone else, asylees have to pay taxes and follow the law.

Finally, asylees and LPRs must inform USCIS whenever they move to a new address. You are required to do this within 10 days of the move. You can notify USCIS of your new address by mailing them form AR-11 or filing it electronically. Either way, keep evidence that you filed the change of address form.

Especially these days, I view every asylum win not only as a victory for the individual, but also as a victory for our country. Whether our leadership understands it or not, our nation is defined in large part by how we treat those coming to us for refuge. So if you have been granted asylum in the U.S., thank you for still believing in the American Dream–it helps the rest of us keep believing as well. And of course, Welcome to the USA!

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439 comments

  1. Hi Jason, I just wanna know what type of documents can I use for myself and my 3 years old son to show we were in the US since 1 year for our green card application.

    Thank you

    Reply
    • If you have not left the country, you really do not need to submit anything. If you have your passport and any Refugee Travel Document, they will show foreign travel, but if they do not show any travel, that is evidence that you did not leave. Also, if you need it (or if they ask), you can submit things like work or school records, lease agreement, bills, affidavit from people who know you, etc. Normally, this is not needed and would only be submitted if USCIS questions whether you have been here for the whole year. Take care, Jason

      Reply
      • Hi Jason, in the section where you are asked to say yes or no on form I-485 to public assistance other than emergency medical treatment what will be my answer because I am currently on full Medicaid from my state since I got my asylee status.

        Reply
        • I think you will say yes, and then explain what benefit you are receiving. Asylees are not blocked from a green card due to the public charge requirement, so this should not affect your application. Take care, Jason

          Reply
          • Sounds good.Thank you

  2. Jason, I’m an asylee & went to Social Security Administration to get unrestricted SSN. They asked me to have my green card at hand for that. I don’t have GC at the moment as I need to wait one year to apply for GC from my asylum grant date. Is it a must to have a GC to get unrestricted SSN? Can’t I get unrestricted SSN with valid EAD (category A05) and driver’s license?

    Reply
    • Hello,

      I am not expert on this subject but I’m also an asylee and i know for sure you don’t need GC to have unrestricted ssn. All you need is your asylum approval letter along with ur i94 and your ID. It was like that when i had it changed six month ago. Anything is possible these days especially under Trump presidency so i don’t know for sure.

      Reply
    • You might try again – if you have asylum, you should be able to get an unrestricted SS card. Maybe ask to speak to a supervisor. Take care, Jason

      Reply
  3. Jason, I’m an asylee & applied to bring my wife from abroad. Due to some situations, we are thinking to divorce. In the meantime, I’m thinking to buy a house here in the United States. If I buy a house, will my wife has the right to claim it? (assuming I buy the house before we divorce). Thanks!

    Reply
    • I doubt it, but I do not know – you would have to talk to a family/divorce attorney about that. Take care, Jason

      Reply
  4. Hello Jason
    I am in F2 status. After 18 months of arrival, i have filed asylum on December,2018. I gave an interview and after a month i got NOID letter and i have sent rebuttal according to requirements of NOID. I had also applied for EAD after the completion of 152 days of application.On june 5, today, i have got Final denial letter. Now, what should i do? Can you please help me on this?

    Reply
    • I wrote about this issue on February 21, 2018 – maybe that would help. Take care, Jason

      Reply
  5. Hi Jason,what is the recent asylee green card process period your office record ?i know the uscis processing time says 14-33months,its over a year i applied,am based in PA
    thanks

    Reply
  6. Jason, I’m an Asylee & processing to bring my wife. Due to some situations, we are thinking to divorce once she’s here in the United States. Question: how long should I wait to file for divorce after she arrive into the United States? What are the do’s & don’ts so both of us will get the GC without any issue. Should we live in one address until we get our GC? What if she lives in a separate address? Can we give fingerprint & other documents from a separate address? Will the divorce affect our citizenship process? Thanks!

    Reply
    • If you are the principal and she is the dependent, and if you divorce before she has a GC, she will need to re-apply independently for asylum. This is called a nunc pro tunc application, and is basically a formality where she gets asylum in her own right (meaning, she has to prove she was your wife, and not that she has a fear of persecution). However, if the asylum office thinks you/she committed a fraud, it could have immigration consequences for you both. If you can stay together until you both gave GCs, then a divorce would have no effect (though again, if you apply for citizenship and USCIS thinks you committed a fraud, it could be an issue). If you live separately once she is here, it may cause USCIS to think that your marriage is false, and so that may be a risk. Take care, Jason

      Reply
      • Jason, as I mentioned above I’m an asylee & filed to bring my wife & son. The marriage is real & we have one son from that. Due to some situations, we are thinking to divorce after they arrive in the United States. My question: can we give biometric for GC processing from different locations like am in the east coast & if she resides in the west coast? I don’t want her to go into complications like filing Asylum again. I prefer that we live in separate locations but process GC before our divorce. I can use my address to file for GC for all of us. I don’t want her physically to be around me. Thanks Jason!

        Reply
        • This may be tricky, but you can try. The marriage is real; it is just ending. As long as you do not lie, I think you should be fine. She and your child will need to have their GC before you divorce. Otherwise, they will have to file the nunc pro tunc asylum (which is easy to get approved, but takes time and may require a lawyer’s help). Take care, Jason

          Reply
  7. Jason. I’m an asylee & filed to bring my wife and son. It looks that it takes long time (upto two years) for my family to be here. Question: (1) how long does it take for my family to be here? (processing time) (2) Is there any possibility to expedite? I’ve sound reasons to expedite, I believe. Thanks in advance!

    Reply
    • 1 – There are two steps: the I-730 and the consular processing. The I-730 seems to be taking 9 to 12 months. The consular part varies by embassy, but it is usually a few months, and in some cases, there are longer delays. 2 – You can try to expedite. Some commentors here called USCIS (the number is at http://www.uscis.gov) and asked to expedite. We usually have done that by sending a letter, or requesting it at the time you file the I-730. It may not work, but it sometimes seems to, so there is no harm in trying. Take care, Jason

      Reply
  8. Jason. I’ve got I-94 Asylum granted card. Can I travel to a third country with RTD to meet my wife? Will there be issues upon my return to the United States? Thanks!

    Reply
    • You do not need a reason to apply for the RTD. Once you have it, you can travel to a third country, and as long as it is valid, you should have no problem returning to the US. Take care, Jason

      Reply
  9. Hi Jason, I’m from Venezuela and my asylum case was approved 4 month ago, it looks like the conditions in my country are about to change drasticaly since USA is helping the oposition to take the dictator out of the goverment. My question is:
    If conditions change in my country before applying to the green card, can or would USCIS terminate my asylum status and deny the green card?
    Has you seen any case where this happened ?

    Thanks in advanced for your help.

    Reply
    • I suppose it is possible that if the situation changes dramatically, they could take away your asylum status. I have never seen that happen, and even if things change, you would not necessarily lose your asylum status, depending on the case. There is not much to be done. I would recommend you apply for the GC as soon as you are eligible, but – for example – if Maduro is gone and the situation has improved, talk to a lawyer before you apply to see what is happening with other Venezuelan cases. Take care, Jason

      Reply
  10. Hi Jason warm greeting
    I have green card through asylum and my son and my wife came here in last year with family petition visa so now I m going to file I 485 for them.my qutition is that do they need to do medical checkups and how much is the fee my son is only 8 and can I send both applications in one envolape or I should send separate

    Reply
    • Fee for I 485

      Reply
    • I cannot answer case-specific questions here – you need to check the instructions for the I-485. I believe an 8 year old does not need a medical exam, but you need to double check that. Also, the instructions list the fees, and it is lower for children under a certain age. Also, I think there may be a discount if a child files with a parent at the same time. Again, I do not remember all the details, and so you need to double check the instructions. You can send both applications together, as long as both applications are complete and it is clear that they are two different applications for two different people. Take care, Jason

      Reply
      • With huge respect
        Mr. Jason I wanna ask one more question my wife is two months pregnant so how can she do her medical check up.do u have any idea or she got wait till baby come
        Your answer is highly appreciated

        Reply
        • I do not know about this. You may want to contact a local non-profit, such as Catholic Charities (most cities have a branch of Catholic Charities) and ask them, as they often know about such benefits. Take care, Jason

          Reply
  11. Hi Jason,

    Thanks for your all hard work in making our life easier by answering our questions.

    I have question about form G325-C biographical information, I didn’t find the latest form on USCIS website can you help me with the link.

    Secondly, My First Name and Middle Name was interchangeably used couple of times on Employment Authorization card. I requested for the change and the problem is straightened out. However, recently I applied for Travel Document and again USCIS used my name incorrectly on my Travel document. Do you know where I should report this so that it could be permanently fixed as my name in EAD and SS is in correct format.

    Thanks,
    Qaisy

    Reply
    • I do not know that you need the G-325C form any more, but I guess it depends what you are applying for. If you need to correct a document, you can call USCIS to ask about that. The phone number can be found at http://www.uscis.gov. You can also try to make an Info Pass appointment to go in person and ask. A link is at right. Take care, Jason

      Reply
  12. Hi Jason, I got my asylum approved in august 2017. I want to do a trip to Europe (far away from my persecution country). I want to apply for the Refugee Travel Document, but I am concerned about if I would be denied re entry to the U.S since I overstayed my tourist visa for 4 months before filing my asylum claim (filed before one year deadline) in 2016. If I’ve been granted asylum and a refugee travel document am I still ineligible to re-enter the country for overstaying those 4months?

    Reply
    • It should have no effect. I have never heard of anyone with a valid RTD being denied re-entry, and so I think you should be fine. Take care, Jason

      Reply
  13. Any updates from the Newark Asylum Office? LIFO or otherwise?

    Thank you.

    Reply
    • Not really from me. We filed a case there about a month ago, which is scheduled for an interview very soon, so LIFO is operating, at least for some case. Nationwide, it seems like less than 50% of new cases are actually being interviewed quickly. Take care, Jason

      Reply
      • Thanks a lot, Jason. That is promising… I did see your article that they, compared with the rest of the country, are trying to process applications faster than they come in.

        Reply
    • Hello Jason, my name is Ben. I was granted asylum about year ago at arlington asylum office. Then I moved to ohio for work schooling. After a year of my approval, I filed my i485 with Nebraska service center. I did my biometric done and everything was going smoothly till 2 days ago. When I enter my receipt number, it says we transferred your i485 to an asylum office for processing. They will mail you when they make decision or need something from you. I know it’s not normal for i485 to be transferred to asylum office. I’m really worried right now. I tried calling them but they kept saying that it is normal and that they doing that to get it processed fast. Please any advise you would give me on this matter is very much appreciated

      Thanks

      Reply
      • I do not know much about the internal processes or whether the transfer notes have much meaning. It may very well be something mundane, like they need to get the file from the asylum office. The processing times for I-485 forms are between 11.5 and 27 months (if you check http://www.uscis.gov), and if you are within the processing time, I think there is not much to be done, and I do not think you need to worry too much about those internal transfers. I suppose if you wanted to, you could reach out directly to your asylum office and ask them. It won’t hurt, though I doubt you would learn much. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason

        Reply
      • Thanks Jason. I’m currently in ohio and Nebraska was holding my case before it got transferred to Arlington asylum office. So does that mean the asylum office will be making decision on my case or is it going to be transferred baco to Nebraska service center?

        Thanks Jason

        Reply
        • I guess it depends what decision needs to be made. There are a number of different entities in the DC area that deal with asylum, so it might relate to one of their functions. Predicting what USCIS will do these days is a difficult task. I think you will just have to wait and see, and respond once you know more. Take care, Jason

          Reply
          • Thank you so much Jason. I’m just being worried. Some lawyers kept telling it’s a normal procedure USCIS start doing like a year ago. And others are telling me a different story saying there might be a problem with your application . I did contact arlington asylum office as well but they didn’t give me any information about my case. It’s all new to me cause I never heard of i485 applications bouncing back to asylum offices.

        • Hello Ben,

          I am in a similar situation as yours, please how did your i485 application later go at the arlington asylum office?

          Reply
  14. I Won my asylum from a detention center in va, after spending 5 months, from the airport i declared asylum.

    I filed for the work permit in the month of August 13 got a receipt from the USCIS on the 22nd August, been waiting ever since for my workpemit. Got no s.s.n . No passport . Nothing. No bank account. It is relly stressing .

    Reply
    • You are doing everything wrong. First if you won your asylum from an asylum office, not in front of an immigration judge, then your work permit would be sent automatically to you within 2 to 4 weeks after picking up your decision letter.

      Second, you TAKE your asylum approval letter + all other immigration documents of yours to the nearest SSA office to you to apply for your SSN. The SSN WILL NOT come freely to you – you have to go apply for it.

      Third, as an asylee you are eligible to work in the US even without a work permit, though some employers may not be aware of this. The EAD given to asylees is often more to be used as a form of ID or extra proof of work eligibility. That is, it is good to have but it is not necessary.

      Reply
    • Did you follow the “post order instructions in immigration court”? That shows the procedure for how to get a work permit and I-94 (and when you file for the work permit, the form I-765 allows you to get an SSN). If you did not do that, you can Google it, follow the instructions, and you should get what you need. The process probably takes a few months, so if you followed it, and have your receipt, you should get the EAD soon. Take care, Jason

      Reply
  15. First I would like to thank you for your amazing help and Asylumist blog which it did really help out a lot, I have few questions regarding my I-485 application and my wife which was already filed with me as a spouse.
    1-since I granted asylum I got two I-94 (the one that I got admitted to US with and the other with my asylum granted) my question is which one should i put in the application since they have different numbers and they ask about expiration date which the newer one doesn’t have.
    2-On part 2 ,number 3 page 4 , should I put anything if i’m filing for me or my wife?
    3-for my wife what is her filing category ? is it asylee?
    4-for “is your spouse applying with you” should I answer yes for both applications?
    I know these are a lot , but anything will help
    thank you

    Reply
    • 1 – I would use the new (asylum) I-94 for the form, but you can include copies of both when you file the I-485. 2, 3, 4 – I can’t answer specific questions about the form, since I do not know your case. It is important to get it correct, especially now, since USCIS is threatening to deny cases that are incomplete (this is a new rule, and we do not yet know exactly how it will play out). If you are not sure, it may be worthwhile to talk to a lawyer about the specifics of the case. Also, for check boxes, if the answer is not clearly yes or no, you can circle the question, write “see cover letter” and write an explanation in your cover letter. Take care, Jason

      Reply
      • Thank you so much , appreciate it

        Reply
  16. Hi Jason,

    Your blog is amazing and I have enjoyed reading it for the past 4 years 🙂 Are asylees required to pay the $1225 fee when filing the I485? A mutual acquaintance thought that the fee is waived. Thanks

    Reply
  17. Hi Jason,

    I am originally from Ethiopia and have been stressed out for sometime thinking that my application will be denied because of some changes that have been occurring back home. Thank God, I just received a letter today informing me that I have been granted asylum.

    Reply
    • Congratulation! I have been following the changes in Ethiopia – some cases may be affected by them, but yours obviously was not. Welcome to the USA! Take care, Jason

      Reply
  18. Hi Jason,
    I was granted Asylum June 2018, I was told by a lawyer that after one year, I will have to file for an adjustment of status which could take 1.5 – 3years for the process, I know I have to file for an adjustment of status, but does it take that long for an asylee’s green card to be processed

    Reply
    • You can check the processing times at http://www.uscis.gov. I think it could be faster than that, but things are so unpredictable that it is impossible to know. Take care, Jason

      Reply
    • There are 2 USCIS offices that process asylee GC applications – Texas Service Center and Nebraska. Nebraska SC is way faster (about 4 to 6 months on average) compared to TSC (12 to 24 months). Your current address of residence determines which office processes yours. If you live in a state under TSC’s jurisdiction but move to another state under NSC’s jurisdiction, then your application will be forwarded to NSC which will take half the time TSC would take.

      Reply
      • Do you mean Phoenix, AZ rather than Nebraska for filing GC application ? The USCIS site mentions the two sites as AZ and Dallas, TX.

        Reply
  19. Hello Jason,
    I am an asylee and my wife came to the USA on the derivative asylee status after I filed I 730 for her. Yesterday she got her social security card with no restriction. My question is, does she has to apply for the EAD card or she can work without EAD card ?
    Thanks

    Reply
    • She can work without an EAD card if she is an asylee. However, she should have received a card. You might want to contact USCIS about this. You can find their phone number at http://www.uscis.gov. Take care, Jason

      Reply
  20. Dear Jason,

    I want to ask you that I have an asylum interview last week and asked to return in that last week of July for the result. kindly, please how can I check my asylum stats online

    Reply
    • You cannot check on line. You just have to go pick up the decision. Good luck, Jason

      Reply
  21. Hello Jason! Quick question: How soon can I obtain a travel document after being granted an asylum? Do I have to wait a year to get the green card first? Thanks!

    Reply
    • As soon as you receive asylum, you can apply for the Refugee Travel Document. You do not have to wait. Take care, Jason

      Reply
  22. Hi Jason, my husband filed my assylum petition in 2016 with my daughter and me ( i have one more daughter born here) we got our receipt on May 2nd 2016 then EAD in december 2016. But case is still pending.
    We are here in SF. Do u have any idea about how long we still have to wait??

    Reply
    • I don’t, but SF is moving very slowly through their backlog, so I doubt you will get an interview any time soon unless you try to expedite the case (I wrote about that on March 30, 2017). I will do a post in a week or two with the most recent statistics, so check back if you are interested. Take care, Jason

      Reply
  23. Hi mr jason thanks for help
    I grantd my asylum and now im sick my brother whant visit me .is there any right help for my brother can grant his visa requast and wish visa he need
    My respect

    Reply
    • He would just have to apply for a visa like anyone else. Usually, when a person receives asylum, his/her sibling is not blocked from getting a visa, but it could be a factor. Take care, Jason

      Reply
  24. Hi Jason,
    I got a receipt from USCIS at 7th of June 2018 saying my case has been accepted (I 797) that my ead is in processing it has been routed to Texas center

    How long will it take for it to come?

    Thanks

    Reply
    • First time EADs seem to take between 1 and 4 months; the time frame seems to be pretty variable. Take care, Jason

      Reply
  25. (posted on the most recent The Asylumnist article too; forgive the necessary advertisement)

    Hello Everyone,

    I’ll try to keep this short. We all know how miserable and difficult waiting is. Also, with the new LIFO system and the removal of the interview-scheduling bulletin, without any replacements from USCIS, the problem is exacerbated. I have a solution! (I hope)

    I created a Google Excel Sheet. Briefly, we get enough applicants to fill in their timeline information, we can pretty quickly created a “de facto” scheduling bulletin that is even more accurate and more useful than the old one that USCIS provided. Of course, for this to happen, we would need enough data from people who applied *BEFORE* February 2018 since all these cases appear to be promptly handled under LIFO. Cases before that (or backlog cases) appear to be handled differently from office to office.

    @Jason Dzubow: Again there are no words to thank you for your devotion to the cause. If you agree with me and like the idea, perhaps you can help us speed this process up by including the link of the Google Excel Sheet I’m attaching in the next article that you may be working on. Also, if your firm and other attorneys you know share this information with your clients, we can get this data even faster.

    Of course, it is all anonymous and no personal data is included. Please take a look at the Google Sheet (https://docs.google.com/spreadsheets/d/1u-6bcGnJFjRlQ8P67qseh3duh8a8GzbfnCYj-_ck9k4/edit?ts=5b25d5d0#gid=0) and let me know what you think!!

    A full description of the idea and the sheet will be found on the sheet!!

    Best of luck Y’all!! We can make this happen pretty quickly if we get enough participants!! The Google Sheet is public and anyone can add their information. As mentioned in the sheet, I will periodically (maybe daily or weekly) “protect” inputed information so that no one can go back and change what you entered. And evenutally, anyone can analyze the data themselves (and I will do a a full analysis myself too) and have this information available to everyone!

    THANK YOU AND PLEASE CONSIDER THIS Y’ALL!

    Reply
    • Hi Samuel,
      The tracker is a great idea. Thanks for doing it. How are you keeping this tracker updated?
      As Jason updates the blog with new articles, not a lot of people will read this post or the comments. Just a suggestion, perhaps you can post your comment with the google docs link on one of the new articles, once every month or once in two months? Just a suggestion.
      Thanks!

      Reply
  26. Hi jason, good job you are doing, please i want to ask a question, i want to apply for Asylum, but somone told me i will be in a detention center after they recieved my application, please how true is this? Waiting for your reply. Thanks

    Reply
    • If you are in the US, you would not normally be detained. Maybe if you have a prior criminal history or a prior deportation order, you could be detained. Otherwise, I have not heard about that happening. Take care, Jason

      Reply
  27. Hi Jason,

    I admire your support and thank you so much for your time. My question is about form I-730. I have been granted asylum for the past four months and I have filed I-730 for my children. As my daughter is sick, can I request for expedition and if yes where I need to send the request letter. It is worth mentioning that your blog helped me a lot through getting my asylum case approved and I am very thankful for the work you are doing to help immigrants to flee their country due to insecurity and war.

    Many thanks,

    Reply
    • I think it is difficult to expedite once the case is filed (or even if you ask to expedite at the time of filing). You can try – send the request to the last office that sent you the receipt. Include a copy of the receipt plus your evidence. You might also try calling USCIS (the phone number can be found at http://www.uscis.gov) or making an Info Pass appointment (a link is at right). Maybe if you can talk to someone, they can provide better advice about where to file. Take care, Jason

      Reply
  28. Hi Jason,
    My I-589 application is pending which was filed on June 2017. My husband has his approval and recently applied for I-730 for me and both of my application have been tagged together. I’ve couple of questions as follows
    1. How they will process both the applications?
    2. Which application will come first either my asylum application or I-730 ?
    3. Is there going to be any interview for I-730 application?

    Reply
    • 1 – Presumably, you will get your asylum based on the I-730 of your husband, as 2017 cases are stick in limbo. 2 – I-730. 3 – Good question. I do not know. I suspect there will be. If you have one (or don’t have one), please let us know, as that will help others. Thank you, Jason

      Reply
      • Thank you for your reply. I appreciate it!

        Reply
  29. Hi Everyone,

    I just want to give a Testimony. Since I came to the States in 2015, I have been following Jason’s blog, reading and also participating.My lawyer didn’t know anything about short-list, so I explained to him, using resources from this website.He was so skeptical about, but since I requested for my name to be placed there,He did and that was in 2016 when I got my first EAD.In 2017 I started following up on my case on Wednesdays at Arlington,VA. Sometimes my name on the shortlist will be closer to 50 and at times knocked down to 400..I asked Jason on this blog, as to how the numbers keep switching.He said their system is sometimes not accurate and I can write them an email asking.So I did email USCIS and they told me they wont be sharing the numbers anymore. I was so worried.It took me a good 7 months to get EAD renewal.I asked again on this blog, and its as though everyone’s EAD renewal was delayed.I kept praying for an answer and finally got my EAD Renewal in October 2017 after applying for it in March 2017. So in January 2018, I just emailed USCIS to change my Lawyers name as key contact on shortlist because I just thought he wasnt interested in handling the shortlist, so I might as well. Within a day of requesting this, USCIS called me and told me they are taking people on the shortlist and if I was interested in coming in for an Interview.I was overjoyed. Feb 8, I went for the interview, I spent almost 4hrs in there!! After 2 weeks i went to USCIS to collect my results, GOD NEVER FAILS!!! I received an unconditional offer and they told me I will receive an asylee letter after background checks. I read again on Jasons blog, that sometimes background checks take years
    .I was worried..Within 2 weeks again..I GOT MY ASYLUM GRANTED OFFER LETTER, after two years living in the USA. GOD IS WONDERFUL!!I just want to encourage someone today, GOD NEVER SLEEPS, HE LISTENS TO EVERY PRAYER .I used to cry and stress about this asylum application, but PRAY UNTIL SOMETHING HAPPENS (PUSH)..AND as Jason says…Live your life as if you have Already won Asylum!! Thanks again Jason, your blog encourages us even whem things dont seem rosy, the information that you hand out is worth it..You are Incredible, may GOD BLESS YOU EXCEEDINGLY AND ABUNDANTLY IN ALL YOU ASK FOR!!

    Reply
    • Much obliged – Thank you for sharing that and for your kind words. As a side note, as of last week, I learned that Arlington is no longer maintaining a short list, but maybe this will change again. In any event, Congratulations on your win, and good luck in the USA! Take care, Jason

      Reply
      • Thanks Jason….Oh dear Arlington!!!Hopefully they will have a better system soon!

        Reply
      • hi stephanie, hi Jason.Please stephanie can you guide me how you did?since december 2015 that my husband and i have applied for asylum no news from Arlington office. sometimes iam just desperate dear.i have childrens ,please share with me.Thanks

        Reply
        • I wrote about expediting a case on March 30, 2017. Take care, Jason

          Reply
    • Thanks for this word !!! I’m happy to read good news about the ayslum case !!! God Is God

      Reply
  30. If I transfer my case from Los Angeles to like VA . how long does it take ? if so will be my case be processed under LIFO act ? how was cases are being processed in VA ?

    Reply
    • What office has the fastest processing pace ?

      Reply
      • Now that the scheduling bulletin is gone and we have LIFO, there is really no way to know that. Take care, Jason

        Reply
    • There is no way to predict how long your case would take, and if your case is currently pending, it is unlikely to be interviewed soon. It typically takes a few months to transfer a case from one office to another after you move, and you keep your place in the queue (based on when you filed). Take care, Jason

      Reply
      • Hi Jason:
        I haven’t filed my application case. It is almost complete. I am planning to change state from Florida to Texas end of the July. Do you suggest to file or wait to move?

        Reply
        • If you file the case and then move before 180 days have passed, you will probably not be able to get the work permit, or the work permit will be delayed, so maybe it is better to wait. On the other hand, you must file asylum within 1 year of arriving in the US, so if that is an issue, it is important to file before the 1-year bar. I wrote about that on January 18, 2018. Take care, Jason

          Reply
  31. Hey everyone,
    received a strange email today – “There has been a recent processing action taken on your case”, since I am a dependant, they cannot answer my question via the phone. My husband lives in a different timezone and I’m super anxious, can’t wait until he wakes up and makes a call :))
    Maybe someone has received the same note?
    Thanks a whole lot!

    Reply
    • UPD:
      Case Status: card/document production

      – this is odd, as further it says your card has been delivered on May 17, 2017 (which it has)
      Why on Earth they’d randomly email this update a YEAR later ?
      Help please..

      Reply
      • I got the same email for an EAD that was delivered a year ago. It seems like an error in their system. Don’t worry about it.

        Reply
      • I think things at USCIS are somewhat screwed up these days, so I would not worry too much about the message. Take care, Jason

        Reply
  32. Hello Jason and everybody,

    I would like to share my asylum grant story.
    Applied for asylum: Jan 2018
    Interviewed: April 2018 (rescheduled 4 times from Feb to twice in March to April)
    Picked up decision: May 2018 (granted)
    Location: Arlington Virginia Office

    I am so happy to be granted asylum to live in this wonderful country. My lawyer was terrific. I cannot emphasize enough the importance of a good lawyer. To those of us still on the process, I wish you all good luck. Hang in there!

    Reply
    • Thank you for sharing – and Congratulations on receiving asylum! Take care, Jason

      Reply
  33. Hi Jason.

    What happens if I get pregnant, give birth to a baby and get legally married to a man who is a U S citizen after applying for and being granted asylum as a gay woman?

    Thanks

    Reply
    • If USCIS learns about this, it may cause them to re-open the asylum case to determine whether it was fraudulent, so you should be prepared to explain what happened and keep all of your evidence in case you need it. I know of at least one gay asylum case that was reopened after the government suspected him of not really being gay (he ultimately kept his asylum status, but it was stressful). Take care, Jason

      Reply
  34. Hi Janson.

    What happens if I get pregnant, give birth to a baby and get married legally to a man who is a U S citizen after applying and being granted asylum as a gay woman?

    Thanks

    Reply
    • If USCIS learns about this, it may cause them to re-open the asylum case to determine whether it was fraudulent, so you should be prepared to explain what happened and keep all of your evidence in case you need it. I know of at least one gay asylum case that was reopened after the government suspected him of not really being gay (he ultimately kept his asylum status, but it was stressful). Take care, Jason

      Reply
      • Hello Jason,

        Thank you for the good work that you are doing on here. What would make the government to suspect a gay asylee for not being gay? If they ultimately become a citizen, could their case still be reopened if they got married to someone of the opposite gender?

        Reply
        • Once you are a citizen, they will not have any real access to such info (unless you file something with USCIS – like a spouse marriage petition). But if you said you were gay and you marry someone of the opposite sex, you could create trouble for yourself, so you should be prepared to explain. I know of one example where the man’s case was re-open and set for a termination interview after he posted some jokes on Facebook about marrying a woman. After a long interview and a lot of stress, he kept his asylum status. Take care, Jason

          Reply
  35. In the letter with denial the reason is indicated in the inconsistency of my testimony with the written statement. Do I have the right to request an exact reason for refusing or recording an interview with a USCIS officer without a lawyer?

    Reply
    • You usually cannot get the asylum office notes, but you can try – file a Freedom of Information Act request, form G-639, available at http://www.uscis.gov. Sometimes, you get the notes, which will give you a better idea about why the case was denied. Take care, Jason

      Reply
  36. Hi Jason ,

    I filed for asylum at November 2017 got my receipt did my fingerprints November 2017 I have waited for more than 150days even up to 180days before applying for my Work authorization I actually just applied for ead this may my question is

    1: will the new policy of the USCIS from January 28 affect my ead from coming because I already waited for more than 180days

    2: how long will it take to come since I already waited for more than 180days before applying for my Ead {I applied this may }

    3: and when am I likely to get my green card after I get my ead

    4: will I go for interview to get my ead

    Thanks Jason

    Reply
    • 1 – The new policy should have no effect on your EAD application. 2 – We see EADs take anywhere from 1 to 4 months. 3 – You can only apply for the GC after/if you win asylum. If you win asylum, you have to wait one year, and then you can apply for a green card. 4 – I have not seen that for an asylum applicant, so I think you will not have an interview for the EAD. Take care, Jason

      Reply
    • Hi Charlie,

      What asylum office have you applied at? Any updates so far?

      Thank you!

      Reply
      • Arlington

        Reply
  37. First thank you, I have applied for adjustment of status based on my asylum at the end of Sept, Nebraska office is handing my case, they online case processing time is estimated between 4-8 months according to the USCIS website, but when I called the USCIS told me they still working on cases from February! and currently it is taking about 15months to process cases and call them at the end of July if i dont hear anything from them…so sounds the online timeline is really meaningless.. do you have an idea how long does it usually take to receive green card usually for cases processed by Nebraska office? thank you again

    Reply
    • I don’t know, but I agree that the posted processing times are not very useful. I expect such cases will take a year or more. USCIS is interviewing many more GC applicants than before, and this is cause ever-increasing delays throughout the system. Take care, Jason

      Reply
      • Thank you..so now as asylee I should expect to be interviewed for GC ? not just receive the card by mail ?

        Reply
        • I expect that most principal asylees will not receive an interview, but most dependent asylees will be interviewed for the GC. We’ll have to see how this plays out, though, as USCIS may decide to do something else. Take care, Jason

          Reply
  38. Hey Jason I was a dependent on my mums case and we decided to file my own case the lawyer sent my case to the general asylum office and not the Arlignton asylum office and since March I have not received any thing from them I have emailed the Arlignton asylum office thousands of times called to inquire if they received the case no reply what do you think should I file another case or just wait for them to take it to Arlignton office it’s been 3 months now

    Reply
    • Normally, if a dependent files his own case, he must file it at the local office. Improperly filed applications at the Texas Service Center almost always disappear. You can file a Freedom of Information Act request, form I-131, available at http://www.uscis.gov, in order to get a copy of your application filed at the TSC, and this will take several months. I think you will probably have to re-file the application directly with Arlington. If they are not responding to your emails, maybe go there in person to inquire (check the office hours first you can find that info if you follow the link at right called Asylum Office Locator). Take care, Jason

      Reply
  39. Hello Jason,

    I applied for AS in early May this year and was wondering are a lot of most recently filed applicants(after Jan 29 2018) getting their interview dates?

    I chose the Arlington office in VA.

    Reply
    • It is still unclear to me what is happening in Arlington. We have filed cases after January 2018 that have not yet been scheduled for an interview. I do still expect most cases filed in VA to be interviewed relatively quickly under LIFO, so you should be prepared for the interview in case is it scheduled. Please do let us know what happens with your case, and if you get scheduled for an interview. Thank you, Jason

      Reply
      • I filed middle of April, and i have been scheduled for interview end of June at the arlington office. so I hope this information helps. my lawyer said they cant really know what’s going on at the office cause some cases have not been called. however, someone said that cases are cherry picked and if yours is called early it means they want to deny you asylum. is that true jason?

        Reply
        • I highly doubt that is true. As far as I know, cases are chosen randomly. Take care, Jason

          Reply
  40. Hi Everyone & Jason,

    Has anyone who had filed in 2017 been interviewed? Or have you had someone interviewed from October/November 2017 Jason?

    Thanks

    Reply
    • As far as I remember, we have not had anyone from 2017 interviewed. Maybe an expedite case, but otherwise, no one. Take care, Jason

      Reply
  41. Hi Jason,

    I have been a longtime follower on your blog and it has been such an amazing resource. I would like to ask for your advice regarding my parents asylum’s case. My parents filed for asylum in December 2014 (Arlington office) and are still waiting for an interview. Previously when the scheduling bulletin was still up, we estimated that they might be invited for an interview in May or June 2018. I realize that currently it’s unknown whether the schedule has changed or if asylum centers are still using the bulletin. My parents are moving to Illinois June 1st. I am hesitant if we should file for a change of address immediately as their case will be transferred to the Chicago office. I’m afraid that they might be finally due to get their interview date sometime this summer at the Arlington office and we don’t want further delays by the change of address. Is it a good idea to wait on informing USCIS about the change of address for the time being and if questioned we can say that they are just spending the summer in Chicago while keeping most of their documents using their old address? However, their rental lease will end this month and we will need to set up usps address forwarding to our address in Chicago or they can use a friend’s address momentarily in GA for forwarding (where they currently are). They definitely won’t be able to use their current address for mail. My idea is that maybe we can wait and see if they get their interview this summer. If not, we can change the address by September. I am just unsure on how to keep their documents at the old address if we do wait. Lastly, if we do file for change of address, what’s the time estimate for the the case to be transferred in your opinion?

    Reply
    • If they move, they are supposed to change their address, and so you don’t want to cause them a problem. Also, of course, if you do not receive the interview notice, that is also a problem – so make sure the mailing address is working. Finally, we have not seen any more interviews from the fall of 2014 from Arlington. Our last interviews were for people who filed in September or October. So I am not sure whether or not they are still interviewing 2014 cases. That said, if you can keep a local address for them, maybe that would be better. At least until you have a better idea about what is happening in Virginia. As for moving the case, it usually takes a few months to reach the new office. Presumably, it is transported there by a very slow donkey. Take care, Jason

      Reply
      • I think all our cases are transported by very, very slow donkeys whether they are moved from one office to another or just within the same office….Lol

        Reply
      • Thank you so much for your reply! one last question, if we keep a local address for my parents in GA, can it be in care of someone else like a friend? would that be ok if that is their mailing address and not their physical address or will they be questioned about that later?

        Reply
        • I think you can use a mailing address that is not a physical address. The rules on this are pretty unclear (at least to me), and applicants are required to give their home addresses too (even though the AR-11 form does not account for that), but if this is a temporary situation, they will probably be alright if they use a friend’s address and then give the physical address as soon as they can. You could also mail the AR-11 to the asylum office with a cover letter explaining the situation (keep a copy for yourself too) – and file the AR-11 online as well. At least that way, no one could accuse them of doing anything improper. Take care, Jason

          Reply
  42. I got a question. As we see LIFO is being implemented in different ways at different offices, do you think they give interview first to people who are out of status at the time of filing?
    I meanLIFO applys for people who are out of status at the time of filling and people who are in status at that time, they would be got interview based on that old policy ( several months or years later)

    Reply
    • This is a very good question, and I do not know. I suppose we will know more as time goes on – either the asylum office will tell us, or we will see a pattern emerge. For now, though, I do not know, and I think that they are scheduling interviews regardless of a person’s immigration status. But again, I am not sure. Take care, Jason

      Reply
  43. Hi Jason,

    I sent a mail USCIS rather to my change of address I printed the form and filled it and send by mail since three weeks have not gotten response from them.
    1. How will I know it has gotten to them
    2. Can I till fill it again online

    Thanks

    Reply
    • 1 – Unless you tracked the letter, you will not know – they do not respond. 2 – You can file it again online. That way, you will at least get a confirmation. Take care, Jason

      Reply
      • Thanks Jason

        Reply
  44. Hi Jason,

    Could you please, explain what is the difference between Expediting the case and Shortlisting?

    Thanks

    Reply
    • I wrote about this on March 30, 2017. But in brief, expediting means you give the asylum office a reason that you need to have your case heard more quickly (health problem, family separation, etc.), and then if you are lucky, they will expedite the case. Short list means you put your name on a list, and if there is an open interview slot, they will take someone from the list. Once you are at the front of the list, you should be called for an interview. Not all asylum offices have short lists. You have to contact your asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  45. Dear,

    I admire your support in asylum different case.

    I have got asylum in march and have filled I-730 for family reunification. Now, how long will take to join my family? I have registered 7 years with my spouse and children.

    Reply
    • The wait time for I-730 forms is not so predictable. We have done an entire case is 4 months, but typically it takes closer to a year, and these days, it could certainly be longer. Once the I-730 case is approved (maybe 6 months these days), the case will go to the embassy where processing times vary, depending on the country and the case. Hopefully, your family will be here in less than a year. Good luck, Jason

      Reply
  46. Hi Jason,
    I got a question for you. My friend received a
    Decision that his case is being processed in an excessive
    Manner by national security department and the Dhaka has granted protection against deportation while granting his eligibity
    Can you plz explain is his asylum granted or still pending

    Reply
    • I really do not understand the question, sorry, Jason

      Reply
  47. Hello Jason

    First I wanted to thank you for your informative website. I have a question which I hope you could help me with. I really appreciate your time and help in advance. I have filed a religious assylem case on Sep 2016. I am the applicant and my husband and 7 years old son are my dependents. We wrote a letter and requested to expedite our case but it wasn’t accepted. We submited my husband’s disease (MS) documents. We submit the doctor’s letter from my country but he has not visited any doctor here as he is doing good and doesn’t feel any problem. I am wondering if there is any other way to expedite our case. Is it possible to file another case or can my husband file another case and enter me and my son as his dependents, as the new cases are being interviewed before the old ones or it would have negative impact on the case. Could you please guide us. Again I thank you because of your time and guidance.

    Reply
    • You can try to file again to expedite, if you have some new evidence, such as a doctor letter. I wrote about this issue on March 30, 2017. Your husband can also file a new case. However, it would have to be filed at the local office (since he already has a case as a dependent) – check the I-589 instructions about that. I do not know that this would be processed under LIFO (I doubt it will be), but he can try. If you do try, let us know what happens. Thank you, Jason

      Reply
  48. Hi Jason,

    I hope you will be doing great. Thank you so much for this wonderful job. I got recommended approval two months ago and waiting for background check. My son in law is a permanent resident and he send his wedding(my daughter’s wedding) invitation to my mother in law, so what do you think about chances of getting visa because we are still waiting for decision. Does it affect her chances of visa?

    Thank you so much.

    Reply
    • I doubt your mother-in-law would be affected by your asylum case. She will have to apply for the visa normally and hope for the best. Take care, Jason

      Reply
  49. Hi Jason,
    Can u share something about you expedited your client case in Houston? I did the same thing last week . When I gave them everything they just let me go home .But How long do they need to deal with? How do I know the expedited results? Thanks a lot .

    Reply
    • It was filed based on the client’s health problems, and it probably took 5 or 6 months before they responded. I believe the client contacted them several times during this period. She was interviewed a few months ago, but so far, we do not have a decision. Take care, Jason

      Reply
      • So I have to keep contact them ? Cause they just let me go home to wait . Do they will send the mail to respond you or call you ?

        Reply
        • They would normally mail you or call you (or your lawyer), so make sure that they have your correct contact info. Otherwise, you basically have to wait for them. Take care, Jason

          Reply
  50. Hello Jason,

    I’m pleased to write to you again.
    I had applied for asylum in Arlington office on 13 March 2018, I was expecting soon interview, but till now there is no appointment, but I read in your blog someone who applied on 22 March 2018, he got an interview, I am disappointed and confused, I sent to the office an inquiry email, but no reply.
    What is your advice?

    Thank you so much?

    Reply
    • We also filed a case in mid-March and there has not been an interview. I am not quite sure how LIFO is being implemented in that office. If you receive a response (which may take a few weeks), please let us know. Thank you, Jason

      Reply

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