On January 29, 2018, the Asylum Division changed the way it prioritizes cases. Since 2015, asylum applicants were being interviewed in the order that their cases were filed. Oldest cases first, followed by newer cases (“first in, first out” or FIFO). During this period, the number of people waiting for an interview—the backlog—grew and grew.
Now, under the new system, cases are interviewed on a “last in, first out” basis or LIFO. This is basically the same system we had prior to 2015. The backlog began under the pre-2015 LIFO because the Asylum Offices did not have the people-power to interview everyone who applied for asylum. The result: Some cases were interviewed, while others “disappeared” into the backlog. Because this was unfair to “disappeared” applicants, the Asylum Division eventually switched to FIFO, which had the virtue of being more fair, but did nothing to ameliorate the backlog.
Under the Trump Administration, what’s old is new again, and so we are back to LIFO. How is LIFO working out? Some new data from USCIS gives us an idea. The short answer, if you don’t have time to read this whole post, is that the backlog is not about to be resolved any time soon. So if you are currently stuck waiting for an asylum interview, you might want to get comfortable, as you’ll probably be waiting for a while (or you can try to expedite your case). If you have time to keep reading, let’s look at where we are, and how you can best navigate through LIFO-land.
First, as of March 31, 2018, there were 318,624 asylum applications pending in the backlog. That’s “applications” not “applicants.” Since some applications include multiple family members, the number of people stuck in the affirmative asylum backlog is probably quite a bit higher than 318,624.
In response to the backlog, the Asylum Division has taken several actions. For years now, they’ve been staffing up. According to a recent report from the USCIS Ombudsman, since FY 2016, the number of Asylum Officers has increased from 533 to 686 (and they continue to hire – if you want to sign up, check out this job posting). Since we’ve dramatically reduced the number of refugees coming to the U.S., Refugee Officers have more free time, and so they are being rotated through the Asylum Offices on 12-week stints. We are also expecting a new National Vetting Center (in 2019 or 2020) that will deal with security checks and fraud issues, in order to free up more time for Asylum Officers to do their work. All these changes should allow the Asylum Offices to process more cases.
We also now have LIFO. Under this system, the Asylum Offices prioritize cases as follows: First priority are rescheduled interviews, whether the interview was rescheduled by the Asylum Office or the applicant. Second priority are asylum applications that have been pending less than 21 days. This does not mean you will receive an interview within 21 days of filing. Rather, cases less than 21 days old will receive priority to be scheduled for an interview. Third priority are all other affirmative cases, including the 318,624 currently in the backlog.
According to the Ombudsman’s report, not all new cases will receive priority for an interview:
Cases subject to interviews at “circuit ride” locations (generally a USCIS field office situated closer than the asylum office to an applicant’s residence) will not fall under the 21-day time frame. Rather, the Asylum Division will schedule these cases for interviews as resources permits.
This means that if you want a quick interview, you have to live in a location that is covered by one of the main offices or a sub-office (Arlington, Boston, Chicago, Houston, Los Angeles, Miami, Newark, New York, New Orleans or San Francisco), as opposed to a “circuit ride” location, which is a USCIS field office that is visited periodically by Asylum Officers (there are many, but some examples are Atlanta, Buffalo, and Seattle). I do not know of an on-line listing of areas covered by circuit ride locations, but I suppose you can email your Asylum Office to ask. If you live in a circuit-ride area, you can ask to be interviewed in a main office–sometimes they accommodate such requests.
Assuming you file at one of the main or sub-offices, the likelihood of actually receiving an interview (as opposed to disappearing into the backlog) varies by office. The chart below is based on very preliminary data from the Asylum Division. It shows the (very approximate) likelihood of having your case interviewed in each office.
In the chart, “New Cases Filed” is the number of asylum cases filed in that particular office for March 2018. “Interviews” is the number of interviews actually conducted in March 2018 (as opposed to the number of interviews scheduled and then canceled, which is quite a bit higher). The percentage figure is the rough likelihood that an applicant in that particular office would have received an interview in March 2018. And the “Completed” column shows how many cases were completed during the month, which—when compared to the number of cases filed—gives an idea of how much the backlog grew or shrunk in that office for March 2018 (the +/- in the Completed column).
| Office | New Cases Filed | Interviews | Completed |
| Arlington | 920 | 494 / 54% | 408 / +512 |
| Boston | 289 | 132 / 46% | 178 / +111 |
| Chicago | 550 | 675 / 100% | 550 / +0 |
| Houston | 751 | 583 / 78% | 504 / +247 |
| Los Angeles | 997 | 708 / 71% | 1,243 / -246 |
| Miami | 2,219 | 798 / 36% | 920 / +1,299 |
| Newark | 668 | 792 / 100% | 865 / -197 |
| New York | 802 | 690 / 86% | 883 / -81 |
| New Orleans | 206 | 166 / 81% | 280 / -74 |
| San Francisco | 653 | 529 / 81% | 687 / -34 |
There are some caveats to this chart. First, I compare new cases filed with cases interviewed to determine the likelihood that you will receive an interview in that particular office. This is an apples/oranges comparison since we don’t know how many of the interviews were newly filed cases, as opposed to rescheduled interviews or expedites. Worse, the cases interviewed were probably filed in January or February, since it takes some time to actually schedule the interview. This makes the comparison even less reliable. Second, this data is for only one month, and March was probably not a “normal” month, in that the system was still adjusting to the change from FIFO to LIFO. So how useful this chart is for predicting the likelihood of an interview going forward, I do not know. Finally, this chart was prepared by me. Using math. Since I’m no Ramanujan, you should take all this with a big grain of salt.
That said, this is the best data we have, and maybe we can draw some tentative conclusions. For one, the backlog is generally growing, not shrinking. However, this varies by office. If your case is stuck in an office where the backlog is growing, it is unlikely that you will get an interview any time soon. If you are in an office where the backlog is shrinking, maybe you will eventually receive an interview. Also, if you are a new applicant and you want an interview quickly, you may be better off filing in Chicago or Newark, since they seem to be interviewing pending cases faster than they are receiving new cases (conversely, if you want a slower interview schedule, you are better off living in an area covered by a circuit ride location or an office where the backlog is growing). Again, all this is quite preliminary, and we will have to see how things progress when they release the next batch of data in a few months.
Another bit of information we can glean from the Ombudsman report is that local asylum offices “report a 25 percent drop in affirmative receipts in the immediate aftermath of the change to LIFO scheduling.” The implication/hope is that the new LIFO system is deterring people from filing frivolous asylum claims. I think there is another, more likely explanation, however. In my office, for example, when the Asylum Division switched from FIFO to LIFO, we stopped filing cases for a few months in order to adjust how we filed (under FIFO, we filed a bare-bones application, consisting of the I-589 form and the passport; under LIFO, we file a complete case, which takes much longer to prepare). My guess is that once people adjust to LIFO, there will be little change in the number of cases being filed (of course, since fewer aliens are coming to the U.S. these days, we can expect fewer asylum applications for that reason).
One final piece of news is a pilot program to refer one-year bar cases directly to the Immigration Court without an interview. The Asylum Division has identified up to 50,000 pending cases where the applicant entered the U.S. more than 10 years before filing for asylum. Such people may have filed for asylum in order to be referred to Court, where they will seek other relief (most notably, Cancellation of Removal). So far, the Asylum Division has contacted about 1,500 such people, and given them the option to skip the interview and go directly to Court. Depending on the case, and the person’s goals, this may be an attractive option for some, though I suspect anyone with a real fear of returning to the home country will prefer to have an asylum interview.
So there you have it. It is probably too soon to draw any firm conclusions from the data at hand, but based on what we know so far, it seems likely that the backlog will be with us for the long term. Keeping informed about the Asylum Office’s statistics and policies may allow some applicants to increase their chance for an interview. As more data becomes available, I will try to post that information here.
[…] the backlog, giving those asylum seekers moved to the back of the line by the 2018 change to LIFO [last-in, first-out] the opportunity to receive more timely decisions in their cases,” and […]
[…] terms of affirmative asylum cases, under the current system, which is called LIFO or last-in, first-out, the Asylum Office gives priority to new cases. Under LIFO, if you file a […]
[…] is a problem at the Asylum Office as well. Under LIFO (last in, first out), the Asylum Office aspires to interview newly filed cases first. However, due […]
[…] have for a given day, and a computer randomly chooses which cases, from the pool of newly-filed LIFO cases, will be […]
[…] affirmative asylum cases and will likely exacerbate the backlog (ironically, the whole point of the LIFO system was to deter frivolous cases by making the process faster–the new rule will have the exact […]
Hey Jason,
I have been hearing rumors that in January 2019 USCIS could revert back to FIFO since LIFO did not work at all to reduce the backlog. Do you know anything about it?
Thanks,
I have not heard that, and I highly doubt they will go back to the old system any time soon. From their point of view, I think the number of affirmative filings is somewhat down, and so they see LIFO as deterring some frivolous findings. Take care, Jason
Thank you. Then it will take forever for the applicants who filed between November 2015-December 2017 to be called to interviews (For Chicago Office).
I don’t know, but I think they are making very little progress (if any) on such cases. Take care, Jason
Hi
I am on H1b visa. My employer revoked my h1 and then I applied for F1 which is still pending case. After 2 months I applied for Asylum along with my husband. Recently we gave fingerprints also. Since the both cases are pending. Can I be able work legally now ? Please let me know
Sometimes, it is possible to get an EAD through the F visa. For asylum seekers, you can work if the case is granted, or if the case has been pending for 150 days, you can then apply for an EAD, which take a few more months to get. Once you have the EAD, you can work legally. If you work without the EAD, it has no effect on the pending asylum case, but it could affect your F visa. Take care, Jason
Hi Jason,
I appreciate your help. I have pending asylum for over 2 years now and my attorney office charges for short list application and that’s not the issue. I want to know is there any way you can know whether my application is in the short list by another means do we get notifications that the application is in the short list. The second question how do they schedule shortlist application is it also LIFA ? Thanks in advance
Not all offices have short lists. You can email them to ask. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). They do not always reply when you are put on the short list. I suppose you can also email them to ask whether you are already on the list. The short list normally pulls cases based on the order on the list and available interview slots. It is not related to LIFO. Take care, Jason
Hello Jason,
I have a pending asylum case since Feb 2017. My family just came to the US, and I want to add them to my asylum application. If I do so, based on this policy, do you think I would be brought in front of the line for interviews? Or do you think I would remain on line, waiting to be interviewed based on the third priority?
Thank you for your response in advance!
Diego
Hello Jason,
I have a pending asylum case since Feb 2017. My family just came to the US, and I want to add them to my asylum application. If I do so, based on this policy, do you think I would be brought in front of the line for interviews? Or do you think I would remain on line, waiting to be interviewed based on the third priority?
Thank you for your response!
Diego
You can add them to your case, but I do not think this has any effect on your place in the queue. We have added people to cases and it seems ot have no effect. Take care, Jason
Hello Jason,
I had my astlum interview in January, 2017 and since then I am still waiting a decision. In January, 2018 after a year of waiting they requested all my original documents and some additional one, I submitted them and also still no decision. I went to San Francisco Asylum office and did the inquiry myself and they told me that my case is pending the officer ti make her decisssion, I also contacted our local Congressman, he did the inquiry, and they told them that my case is under additional review, and after the addituonal review will be done, they will take a decision. He thinks that maybe mu case is under headquarters review. Who are this headquarters and what they review, what all of thiss supposed to mean? I am very confused and tired of waitind, don’t even know what to think anymore…
I did a posting about this subject on October 20, 2015 – maybe that would help. Take care, Jason
Hello Jason,
I have been following your blogs for quite sometime now and really appreciate what you are doing. I have applied for an asylum in September 2015 at the Arlington office and still waiting for the interview. When I applied, I was on F-2 (in status). I want to know how long will it take to get my interview?
Also, I am thinking about going back to school. Do I have to apply for F-1 for that or I don’t need that as long as my case is pending? Please explain.
Best,
Zain
I do not know how long it will take to get the interview (no one else knows either). If you want to try to expedite, I wrote about that on March 30, 2017. As for school, if you have an EAD, most schools will allow you to enroll, but it depends on the school, and so you have to ask them. To get a new F-1 visa would probably require you to leave the US, and given the pending asylum case, it is very doubtful that the government would issue you a new F-1 visa. Anyway, if that is something you want to try, you need to talk to a lawyer about the specifics of the case. Take care, Jason
Thank you for the reply. I really appreciate that.
Hi Jason,
This is a very helpfull and interesting information I want to thank you the time you take to explain everything in your articles. I have a pending case in Atlanta filed on 3/20/18, and I am still waiting for the clock to reach the 150 days to file my ead form, i am being represented by Kilpatrick&Towsend and they seem to be working very well with my case but there is some issue in wich I would like to have a second opinion, I am the main applicant I use to have dual citizenship but I renounced to it because my life is at risk at that country too but my lawyers explained that very well. Also my wife has another citizenship but I’ve been told that the spouse’s dual citizenship doesn’t matter but also I hace read that uscis could deny the case by allegating that I could get her citizenship, I won’t get that citizenship because she also doesn’t have any ties to that country, she has never lived there and she doesn’t even speak the language, she got that citizenship by grandfather derivate.
So what would you think? What should I believe?
Thanks for your time and patience
I think you need to be careful about your own dual citizenship, especially considering the somewhat unclear rules about “firm resettlement.” Maybe you need to claim asylum from both your countries, or maybe it can be explained that you do not have status in the second country. I guess that depends on the facts of the case, but it can be tricky, and you can be firmly resettled (and thus ineligible for asylum) under the law even though you have no right to go to that country. As for your wife, her citizenship is generally not relevant to your asylum case. Take care, Jason
Hi Jason,
When I applied for asylum in 2016 i did not have enough supporting evidence to support my case, now i have the evidence. I want to submit the evidence but i do not know if its feasible. and if i can, could you please let me known how i can go about it.
Also, there are two sections/questions on the asylum application form which i marked “NO” instead of “YES” Do you think that this can be corrected and if so how???
I changed my address online, do they send a confirmation letter or the email confirmation is enough. What guarantee do i have that they have changed my address?
Your responses shall be greatly appreciated.
There is no confirmation of an address change except for the electronic one they send you. As for documents, it may be better to hold them and submit them once the interview is scheduled. Otherwise, you can mail them or drop them in person. You should submit an original + one copy, and keep a copy for yourself. Also, make sure your name and Alien number is on everything. You can find their contact info/mailing address if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason, How about the section that i wrote NO instead of YES on my asylum case?Is it possible to correct it? How do i go about it? If i eave it like that it can be a big blow to my case.
Thanks
You can inform the asylum office in advance in writing (when you submit other evidence). Maybe a short affidavit with an explanation for how you made the mistake would work. You can also correct the error at the interview, but if this error is potentially significant, you might want to correct it in advance, to best protect yourself. Take care, Jason
Hi Jason!
My family and I arrived in the US in June 2015 on a non-immigrant Visa. My grandparents have been in the country for over 8 years. My grandma is already a US Citizen as of 5 years ago. Upon our arrival, my mom, my sister and I filed for asylum, and have not heard anything from the USCIS due to the heavy backlog. I have just become aware of the Status adjustment act. My question is, can my mom who is my grandma’s daughter apply for a green card through my grandma? Also, can my sister and I benefit from that. If so, how do we all go about it? Thank you so much for your help
Your grandmother can file for your mother. If you and your siblings are under 21, you may be able to benefit from that as well. However, the wait time for such a petition is many years (you can Google “DOS visa bulletin” to see that). Also, once the years have passed, you would most likely have to leave the US to actually get your green cards. So the answer to the question is, she can petition for your mother, but in practical terms, it takes a very long time and probably requires you to leave the US, so it is not normally the best path for people who are already in the US. Take care, Jason
Hi Hanson
I am writing to inquire about translation of documents. I am in the last stages of submitting my asylum application but among the supporting documents I have 2 that are in my local language. Do I need to translate them first? If yes, can anyone who understands english do it for me? Or I need to pay specific person to do it? And if I can’t afford the translations, what will happen when I submit them minus translations? Will uscis accept them?
Thanks
I did a post on August 24, 2017 that might help. Take care, Jason
Hello,
I have applied for asylum in 2016. I had passed one year deadline at the time of application. Still, my case is pending. As you mentioned, can I request to refer my case to the court? If it is passable , would refering my case to the court help me to get a faster result? Or, the court takes even more time to determine my case?
Thank you very much.
Court cases usually take one or two years, but they can be much longer, depending on the judge and the case. It would be better if you could just get an answer from them. Try contacting them to inquire abut the case status. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
My mother and sister filed their cases June 1st and they had their interview July 23. They were told to come back in 2 weeks to pick up thoer response. Is it safe and will they be detained? Also, they were out of status when they filed. Any advise will be helpful.
My mother and sister filed their cases June 1st and they had their interview July 23. They were told to come back in 2 weeks to pick up thoer response. Is it safe and will they be detained? Also, they were out of status when they filed.
I have not heard of anyone being detained when picking up a decision, so they should be safe. Good luck, Jason
Thanks Jason. I just got scared by what the attorney told me yesterday about it being strange that they had to go back to pick up the response locally at the Asylum office. Based on the research I have done thus far, looks like the Asylum office changed things and require folks to pick up the response if they are local to an office where they were interviewed. Not sure if anyone has interviewed in Chicago between May and July of 2018 who can share their experience when they went back to pick up the interview response.
Hi Jason,
You are doing a great job here. I learned a lot from this blog. Thank you so much. My question is related to this FIFO LIFO change and its effects to my case.
I applied for asylum in October 2016. Chicago is my office and still waiting for interview schedule. I was on F1 visa between August 2011 and January 2018. I had to cancel my F1 when I received a job offer from a college and accepted it by using EAD came from my asylum application. They did not offer visa sponsorship at the time of hiring. In addition, I (my family) have a 2-year residency requirement from my previous visit between March 2010 and March 2011 with J1 visa. I was ok not considering requesting j1 waiver (with fear of persecution) and applying for any type of employment-based visa (advanced degree or NIW for example) request until I hear the possible effects of interview schedule changes. My asylum case is strong from my perspective (and according to several preceding cases similar to mine) however it seems I will need to wait several years to get the interview. My wife and kids (2 of them) are still on F1 visa as my wife is still having her graduate education.
As you may accept, it is stressful waiting at this status with uncertainties.. I will most likely receive a tenured position within 2.5 years.
My question is simple, Should I wait for Asylum interview which will solve the 2-year residency requirement problem comes from my previous j1 and allow me to work at the college during the pending period and after decision made if asylum was granted?
OR by considering the time factor and uncertainties, should I go for another way. like 1- request J1 waiver with fear or persecution, 2- apply for EB-2 (i.e. advance degree or NIW) while seeking for advance parole to get a legal status in order to apply for adjustment of status if I am granted with EB-2.
Of course, there may be different versions of his second option. And I am sure none of them will be easy as I don’t know how the authorities will respond to my requests. They may accept my j1 waiver request since I have an acceptable/ plausible reason. but I am not sure about EB-2 application if I am eligible to fill a form I-140 here in USA while at the asylum pending status. I can not go back to my home country for sure.
What would you recommend? I am looking for a less risky, easier and faster option. (I know nothing will be less risky, easier or faster at the same time:) but the closest one would work.
Thanks.
The problem with EB2 is that you will probably need to leave the US to get your GC. This may or may not be possible, depending on the case, and it is possible (though very doubtful) that you would been one of the cases that can adjust inside the US without leaving. You would need to talk to a lawyer about the specifics of the case to see what can be done. Another option might be to try to expedite. I wrote about that on March 30, 2017. Also, if your wife has a case for asylum, maybe she can file and possibly be interviewed under LIFO. The filing procedure is different for dependents with pending cases (she would need to file in the local office + check the I-589 instructions about this), but maybe that would result in a faster interview. I do not know, as we have not tried that for anyone, but it might be worth looking into. Take care, Jason
Hi Jason,
Thank you for the answer.
I read your other article about expedite. My close family is here with me. And I added their name to my application around December 2017. To understand what you just said: can my wife file another asylum application for as the primary applicant and add my name as dependent? She might be eligible to file a case like me indeed. But I never thought about double application by considering this would not be appropriate. But again if there is no rule against this I might try. Talking with an atorney sounds like a good idea. Thank you once again
She can file it, but it might just be stuck together with your case in the backlog. In other words, I do not know whether she will be interviewed based on LIFO given that she is already a dependent in a pending case. We have not tried this, and I have not heard about other people trying it, so I do not know whether it will work. Maybe it is worth considering, though. Take care, Jason
Hi Jason,
Can you explain just a bit more about the cases who are eligible to adjust without leaving US?
“it is possible (though very doubtful) that you would been one of the cases that can adjust inside the US without leaving”
Regards,
Mike
I hope to do a blog post about this in the next few weeks, but the main exception to the rule (that you have to leave the US if your status has expires) is a law called INA 24(i). To qualify, you would have had to have been in the US prior to December 20, 2000, and someone would have had to file some type of immigration petition for you (or perhaps a spouse or parent) prior to April 30, 2001. For people who meet those criteria, they may be able to pay a penalty and adjust status in the US. Take care, Jason
Hello! I and my husband applied asylum including our 20 years old son, who is at my home country now and adopted by my parents after we left to this country. Our lawyer told me that , adopted child is ineligible for asylum if we won the case. That’s why we applied for student visa . Is there any helpful category on immigration law to us? Can consul approve his application and get a student visa?
If he was legally adopted, he is not legally your son, and so would be ineligible to benefit from your asylum application. Maybe he could come to the US some other way – student visa, work visa, family petition based on another relative, etc. Take care, Jason
Hi Mr.Jason, I would like to thank you for how you keep helping people by answering their questions so honest. I have an asylum case scheduled interview Chicago office in a few days my question is I applied for the asylum after 7 months of my entry so I and my family were overstayed by that time, now if we got denied and referred to the immigration judge will they detain me and my wife? I have an American kid will that make any difference in the interview? Also if you kindly give me some advice that might help there I will be grateful as I don’t have an attorney and file as pro se.
Thank you
I have not seen asylum seekers get detained when their cases are referred to court, so I think this is not something to worry about. Having a US-citizen child would not normally help with the case, but I suppose it depends on the case. As for the interview, I did a post on September 8, 2016 that might help. Good luck, Jason
Hello Jason,
I applied for asylum in May 2018 and had my interview in July. I was supposed to go pick up my decision in two weeks but it was switched to mail-out instead. What are the chances for someone to win their case without getting a recommended approval? How long do you think the wait time is for mail-out decision under LIFO?
Also, I applied for a study permit in Canada ahead of applying for asylum and got an Electronic Travel Authorization letter, saying that “a permit authorizing your studies will be issued to you
on your arrival to Canada following an examination by an officer of the Canada Border Services Agency, subject to your compliance with the requirements of the Immigration and Refugee Protection Act and its Regulations.”
Is this something that could jeopardize my case to be granted? Thank you so much!
Sincerely,
Alkam
It is common for a pick-up to change to a mail-out. How long it takes, and whether you will get an RA before the final decision, I do not know. Some cases take days; others take years. Most cases are decided within 6 months. If it is an offer of permanent status in Canada, it could affect eligibility for asylum, but if it is a temporary student visa, it should have no effect. Take care, Jason
I’m really concern for my Nephew who apply for asylum he has his interview this month 7/30/17 unfortunately there is some wording mistakes between his Spanish story and the one summited in English, this person is not a Lawyer here in the usa, however she prepares a lot of I589 for people that are seeking Asylum, I feel very frustrated, because he should have hire an Attorney 🙁 I don’t know how to guide him in regards to the mistake. she translated ( somos Apresado) spanish word…. for (we are imprisoned) That is a HUGE MISTAKE!!!!!!! what do you suggest we can do? take the spanish story to a real translator? I don’t want to be negative but he might be going to court 🙁 if that happens will you be able to take the case here in TX.? please let me know.
Thank you Jason for all the good work you do!
Unfortunately, many people have their cases destroyed by incompetent and/or dishonest notaries. Of course, not all notaries are bad, and there are certainly a large number of dishonest and incompetent attorneys too. The problem is that notaries are famous for preying on their own communities. What they do is probably illegal (practicing law without a license) since many go beyond the bounds of being only a translator. As for the case, potentially you could find a lawyer, postpone the interview for a few weeks, correct the affidavit and try to fix the case. This will not be easy, and it may be expensive. Plus, many lawyers do not have the capacity to take on a project like this on such a short time frame, but if you can find someone, that may help. If not, I think you need to correct the affidavit and resubmit it (with any other evidence). Plus, you need to provide an explanation for the error. If appropriate, I recommend you contact the TX Bar Association and file a complaint against the notatario for practicing law without a license. Then you can submit the complaint to the Asylum Office with the other evidence. This will help explain how the original error occurred. As for me, I can do a case in TX (we did one in Dallas this spring), but it is cheaper and probably more convenient and effective to use a local lawyer if you can find one. Take care, Jason
Dear Jason, thanks for all you do here!
I just want some advise on This article below:
https://cis.org/Arthur/Two-Reasons-Amend-Public-Charge-Ground-Inadmissibility
My sister applied for asylum with her kids one of which is a citizen. She has applied for cash benefits and Medicaid for the citizen child
Would this memo which I learnt has been adopted by the USCIS affect pending asylum cases?
My understanding is that the memo does not affect people with asylum, so their green card or citizenship cases should not be denied for receiving public benefits. They may want to double check with a lawyer about that to be sure. Take care, Jason
Hi Jason,
I am currently on TPS only. I am planning to file my case before end of August. My re registration to tps application is ending soon. I am confused whether to re register for TPS or not. Having TPS at the time of interview will effect their decision or not? I heard from different people that if you have TPS, they may not refer your case to immigration court. If you do not have any status at the time of interview, they are subject to grant or refer to court is this true? very confused here. What do u recommend me to do, re-register TPS and file Asylum or do not register TPS and file Asylum? I would really appreciate your advice on this. Thank you
vee
It makes no difference in terms of the chances for success, and if the case is granted, it also does not matter whether you have TPS. If the case is denied, having TPS could block you from going to court (since you are still lawfully here, and court is for people who have no lawful status). I am not sure whether TPS people are referred to court despite their TPS status, so you may go to court anyway, and we have seen TPS people in court. The rule on this seems to be inconsistently applied. Nevertheless, you might want to decide whether or not you prefer to go to court or not, and if you prefer to go to court, then do not re-apply for TPS. I wrote about what happens when a case is denied in both situations (referred to court or not) on February 21, 2018 and March 7, 2018. Take care, Jason
Hi, Jason,
Can you please tell what happens with EAD if asylum was not granted after interview, and person is sent to court. Can he still apply for renewal? I heard today smn saying thay if your case is referred to court, you can not renew Ead. I hope it is not true(
Thank you.
That is false. As long as the 180 days are passed, you can file for an EAD as normal. Whether you are referred to court has no effect, as long as you do not cause a delay and stop the Asylum Clock. Take care, Jason
Thanks a lot for the info, Jason. Do you by chance know, if they also reversed the court hearing? If there’s a negative answer from the interview, will the court hearing happen sooner with this new system, or are the times still the same as in FIFO..?
I think the hope of the government is to do court cases more quickly for LIFO people who are referred to court, but at least where I am (Virginia and Maryland courts), we have not seen that actually happening. Take care, Jason
Hi Jason, I intend to apply for asylum soon. I ‘m student here and one of my friend told me if I apply for asylum and get denied decision, I have to leave the US for 40 days after denial while I am in student status. do you think this is true? do you think USCIS put me in removal proceeding and send me to the immigration court or directly deported without court process( because I have student status)?
Thanks
The advice you received is wrong. If your case is denied, you will either just continue as a student here or you will be placed into removal proceedings before an Immigration Judge. If you are physically inside the United States, you cannot be deported without seeing a judge. I wrote about these issues on February 21, 2018 and March 7, 2018. Take care, Jason
Hi dear Jason
I had a notice of interview in July, in LA. 2 months ago I moved to chicago and because of that my attorney said its better to cancel the interview in LA and change the address and send it to chicago office. Do you have any idea how it works? how long does it take for me to get an interview from new office?
I really have no idea it would take to move a case to a new office and get an interview at this stage. I would guess that it would be at least a few months. However, the new office may put your case in the backlog, and if that happens, it will take quite a bit longer. You can email the new office and ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Could you please share your timeline in LA office.
When did you apply?
Hi
My case was filled in dec. 2017
Hello, Jason,
Thanks for the update about current asylum interview process.
Yesterday I read a news about Jeff Session’s rescinding on DOJ guidance on refugee and asylum seekers’ rights to work. If that is true, does it mean asylum seekers cannot have or extend their work permit from now on?
Waiting your reply on this.
I think this will be a very helpful information for asylum seekers waiting their interview in the backlog.
Thank you,
Sincerely,
Umit
I am planning to post something about that this week. The short answer is that so far, work permits are still available for people with pending asylum cases. Take care, Jason
I have been thinking about that too, and wondering how far Jeff Sessions could go wiith the pain he enjoys unleashing.
If our petitions have been pending for years for no fault of ours, and he eventually decides to take away the EADs for pending asylum, how do we survive while waiting to get denied or approved.
I’ve been thinking about that too. Going back to the home country is not an option, working illegally isn’t really either and may have other negative consequences, and going to the neighboring country is complicated and wouldn’t they ask anyway why I left without waiting for my decision. Let’s hope that does not happen, but with all that’s been going on, you never know…
Its a good question. Hopefully, they will not do that, but trying to deter asylum seekers by inflicting harm on them is obviously something they are willing to do, so we shall see. Take care, Jason
Jason, does your firm take cases in Illinois?
Potentially. The first step would be a consultation – you can email me at jdzubow@dzubowlaw.com if you want to set that up. Take care, Jason
The news report is misleading here.
In theHills.com report it says ‘ the refugees and asylum seekers are “authorized to work indefinitely” and can receive Social Security cards “without employment restrictions.”’.
Obviously this is wrong. Asylum seekers are not authorized to work indefinitely nor can they get SSC without annotation. Only those who has been granted asylum can. Asylee’s employment authorization is granted by the congress so DoJ cannot change it directly. USCIS is mandated to issue EADs to asylee if they choose to apply for one.
While the congress does not mandate such EAD for those pending asylum cases, this document has nothing to do with asylum seekers. For those legacy applicants it’s unlikely the government stop issuing/renewing EADs.
VVN, you would be surprised to know that a lot of people, including reputable news organizations and government agencies, don’t know the difference between refugees and asylees. In addition, many people don’t know the difference(s) among asylee, asylum applicants, refugees and someone seeking refugee status. For instance, when I went to the DMV to update my state ID, the workers didn’t seem to know the difference(s) among asylum seekers, asylees and refugees. In fact, the supervisor kept asking me for a Refugee Travel Document- which is an optional document to have- and my “refugee documents” ( I am assuming he meant the document which shows my asylum grant). They also didn’t know that asylees can get unrestricted social security cards and therefore unrestricted state IDs. If the Regional Director wasn’t there at the time, I would have been given a “restricted” state ID even though I am an asylee. When I went back to the DMV, the manger at the DMV told me that because of me, they now have a better understanding of refugee/asylees, etc. because they had a meeting in Albany, NY. I therefore have very little confidence that people will actually know if asylees can work indefinitely or if there is supposed to be annotations on SSC for asylum applicants.
I understand that there are not very many refugees, asylum seekers, and asylees relative to the number of people seeking driver’s licenses, but you would think that the process would be easier. Why don’t they simply have written guidance for what to do in this situation (and in other situations)? I don’t get why it is that hard. But I guess I never really understood bureaucracies. Maybe that is why I have to work for myself. Take care, Jason
Jason,
I would be surprised if I found out that not many asylees/refugees/asylum applicants apply for state ID. What made me very disappointed was the fact that I was trying to relay to the DMV supervisor that the information was on their website (and according the Real ID) and I had called their customer service department but he never cared about what I was trying to tell him. Instead, he dismissed me and offered to give me a state ID with the limited notation on it and demanded that I provide a PR card in order to get the ID for federal purposes and one without the restriction. I had to demand to speak to the manager, and in the process, the regional director got involved. The regional director was convinced that I was making a lot of sense and asked the manager to hold my documents until he meet with his colleagues in Albany, NY for more clarity. As an asylum applicant, I got a restriction on my previous state ID that read “Temp Visitor” which was in line with what was on MY EAD. They have now changed the wording of the restriction to “Limited Term”, or something to the effect. I asked the supervisor what restriction he was going to put on my ID since my status is indefinite and he wasn’t able to tell me. The same goes for some banks. Some of them demand a PR card as they don’t know the difference between aylees and asylum applicants.
I think removing the memos was strategic and calculated. It was done to cause more confusion, and discrimination to some extent, in cases like the ones I mentioned above. But, what I can I, my fellow asylees and asylum applicants do? I am just mentally exhausted at this point. I know what asylum applicants, and some asylees, go through daily. To say that the process is very stressful would be an understatement.
Jason, thank you for your support.
It is an endless string of bureaucratic battles. Perhaps this is where political action on the state/local level can help. I know there was a fight in Virginia about Driver’s Licenses. The problem is that resources for everything are spread thin, and I agree that part of the strategy is to make it harder and harder for asylum seekers and asylees to live here. Hopefully, the trend will eventually wear itself out, as it is a huge waste of time for all involved. Take care, Jason
Hello Mr.Jason,
We had an application filed in November 2017. Approximately when will we receive a letter for the interview? And in how many weeks will we receive a decision?
No one can answer those questions. The chart above gives a snapshot of how the cases are moving in each office, so if your office is reducing the backlog, maybe there is a chance you will get an interview in a few months or years. If the backlog is growing, there is no way to predict when the interview will be. Also, the above chart is very preliminary, and it would probably be a mistake to draw any firm conclusions from the data we have so far. Once we have more info about the offices, I will try to post it, and so that may give a truer picture of what is happening. As for decisions, sometimes they take a few days or two weeks, other times they take many months. People from Muslim countries, especially me, tend to wait longer than others, but there is really no way to predict that. Take care, Jason
Hi Jason,
I am coming again seeking your wisdom, I have a pending application in Arlington. I want to travel for work around six months it is humanitarian work international organization. I need to support my family with medical expenses I am there an older child, I am planning to expedite my AP by providing the contract and my parent’s medical paper. I am super conflicted I know it is not advisable to travel but, another hand this are my parents. One of the big issues is my passport it is expiring this October. What are my chances to travel?
Cheers.
USCIS seems to be more stingy with Advance Parole these days, so I do not know whether they will give you 6 months, but if you have AP, you can travel and return before the AP expires. If your passport expires, you will not be able to travel (since AP is a like a visa – it is not a passport that can be used to visit other countries), and so you may need to renew your passport. This could affect your asylum case, depending on the case. Also, if you visit your home country, especially for a long period of time, it could cause your asylum case to be denied. Take care, Jason
Hello Jason,
My asylum application was filed on May 21st of 2018 and I had my interview on July 2nd at the Arlington office. I was supposed to pick up a decision on July 16th but the decision was switched to mail-out on that day instead. I was on a F-1 visa when I applied but my degree program ended on May 19th of 2018. Since I am currently out of status, what should I expect from my case? Does it mean I would be referred to an Immigration Court because my F1 visa is not valid anymore? Please let me know what I can do to prepare.
Thank you.
I had interview on July 12th, and they told me come and take your decision on July 26th, I wonder if they will switch to mail out, how was your interview?
My interview went well and my lawyer said it was better than most of his clients. I had a strong case but they still switched my decision to mail-out. I hope you can at least get a recommended approval when you go pick it up. Please let me know how that turns out.
Hello EL,
Were you able to pick up your decision on the 26th or did they change it to a mail-out instead? Was your interview in the Arlington office?
If you do not have OPT and if the asylum office knows your program has ended, they should refer you to court if you are not successful. I wrote about that on March 7, 2018. Take care, Jason
I did not apply for OPT and I mentioned during my interview that I had graduated on May 19th of 2018. Would my expired F1 status be a major factor that I would be referred to court, or could I still be granted asylum after the F1 status is expired? Thank you!
The F-1 status has no effect on whether the asylum case is approved. It only affects what happens if the case is denied – whether you get referred to court or not. Take care, Jason