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.
Hi Jason,
Could I move the case from my lawyer to your office? I don’t want my money back, only move it. It has been pending since 2014. Thank you very much.
You can if you want. The first step would be a consultation. I will not be very available this week, but if you email me next week (jdzubow@dzubowlaw.com), we can set something up. Take care, Jason
Hello Jason,
I have a pending asylum status, and I was admitted to a 4-year university. They sent me an email requesting to send a copy of my I-589 to determine my residency status. Isn’t this information confidential and should not be shared with anyone other than the USCIS? Should I send a copy? Thank you in advance!
It is confidential, but it is also your case, so if you want to share it, that is your decision. However, it seems to me an improper request from the university. They do not need your I-589 to determine your status in the US. That is determined by your receipt and biometric notice, and by your EAD card. If they are asking for it and you don’t mind sharing it, maybe that will make your life easier, but if you do not want to share it, you might push back on this request a bit, as the I-589 is of no use for determining your status here. Take care, Jason
Hi Jason,
Is it possible to apply for an EB2-based permanent residency application while pending asylum in immigration court ?
Thanks,
A.
Technically yes.
But, the EB process is a multiple step one.
Your employer (your yourself incase of a NIW) will have to file I-140 (with LC or without for NIW). This step can be done even if you are in immigration court.
However, any employment-based adjustment applicant who is not in a lawful nonimmigrant status at the time of filing for adjustment is barred from adjusting status (I-485), even if the applicant is lawfully present in the United States.
So, the final step, filing of I-485 is impossible for you in such case.
There is a very limited exception (under INA 245(k) a.k.a. 180 days rule) which shall be discussed with your lawyer.
You can depart US and seek consular processing though. Just cannot adjust your status within US.
Family based immigration petition is not subject to this bar.
I would add that another exception that might allow you to get the GC in the US is INA 245(i). Also, a family-based immigration petition does not always work – it would have to be an “immediate relative” (US citizen spouse, child over age 21, or parent if the applicant is under 21) and the applicant would need to be otherwise eligible. In short, talk to a lawyer about these options, as it really depends on the particular case. Take care, Jason
Thanks for your comment. Doesn’t the judge have the power to approve the adjustment of status (I-485) if the I-140 was approved ? And also, the INA 245(i) seems for a limited period around the year 2000. Is that correct ?
You could do the I-140 part, but to get the GC, you most likely would need to close the asylum case, leave the US with voluntary departure, and get the GC at an embassy overseas. Depending on the case, this may or may not be possible, but even if it is possible, it is probably very difficult. If try to do this, talk to a lawyer and get a clear understanding of how you will start and complete the entire process. Take care, Jason
Hi Jason,
Thanks for the comment. If the I-140 gets approved, isn’t it possible to ask the immigration judge to approve the adjustment of status application (I-485), rather than leaving the US with a risk ?
Thanks
H.
The large majority of people in this situation are not eligible to adjust status in court, or with USCIS. But if you are one of the people who is eligible for that, you can ask that the judge do it. Take care, Jason
Hi Jason,
Thanks again for your response and time. I Appreciate that. I don’t know what you meant by “eligible”. All I know is that I am (out of status) in removal proceedings in immigration court with a pending asylum that was referred from asylum office. I don’t know if I would qualify for the I-140 in the first place, but wanted to make sure if there is a way to I-485 through judge’s approval if it presumably gets approved. Can you clarify what you meant by eligible ?
Thanks a lot.
H.
If you are now out of status, you are probably not eligible to get the GC without leaving the US. Meaning, you cannot get it through the Judge or USCIS. There are exceptions to the rule, but they are pretty rare. Talk to a lawyer about the specifics of your case to be sure you are eligible to get the GC. If you file (and pay for) the I-140 and it is approved, that is of no use unless you can then get the GC. Take care, Jason
Hi jasso, MY wife is 18 and she is US citizen recently we got married how long after she can apply for me a green card??? Is there any age restriction??? Please let me know.
Thanks
I think she can, but I am not sure if she has to be 21 to sponsor you. You might check the I-130 instructions, available at http://www.sucks.gov, or talk to a lawyer. Also, if you entered the US on a tourist or other non-immigrant visa, you should not start this process until you have been in the US for at least 60 days – talk to a lawyer if you are not sure about this requirement. Take care, Jason
SRK, your spouse can petition for you. One of your concern might be your spouse demonstrating that she is able to support you. You might need a qualified co-affiant for your affidavit of support, depending on your situation. In any case, it’s good to get a lawyer in these cases.
Hi Jason, I’m an F1 visa student , recently married to an F1 student. We both applied for Asylum together in April 2018. We both belong to different religion and my wife belongs to a minority group, and there are many honor killing cases in our country. We had our Asylum interview in June 2018 and we’ve been waiting for 6 weeks for the decision. We have following questions:
1) My wife is the principal applicant. If she falls out of status, while I’m still in F1 status, will USCIS refer us to IJ ,or will we get a NOID since I’m still in legal status?
2) Am I eligible to apply for PR in Canada while our asylum case is pending? I have 2 years of US work experience in a specialized field. Also my wife was a registered nurse in our country, but not in the US. She has no US work experience.
Thank you
If your wife is out of status she will be sent to court
Married with you it does not matter. She must chage her status to F2 if she want to be in status
Thanks NYC. I don’t think my wife will be approved for an F2 status now since we already applied for asylum. What are your thoughts?
I also think this is unlikely, especially in the time frame that a decision may arrive (soon). I do not think it impossible, though, and if you want to try, talk to a lawyer to see about changing status. She would have to do that before she loses status with the F-1 visa, or else find some way to reinstate her status. Take care, Jason
1 – If the principal is out of status, I expect they will refer you both to the IJ. If you are still in-status, you might avoid being referred, and if you are referred, you could try to terminate proceedings, since you are still in status. However, the fact that you have sought to stay permanent in the US could be viewed as a violation of the F visa, and so DHS could argue that you are now out of status. 2 – You would have to talk to a lawyer in Canada about that. Take care, Jason
Hello Jason,
First of all, thank you for all the posting. Is there any email address i can use to email you.
Thank you.
Contact
Jason Dzubow, Esq.
(202) 328-1353
Dzubow & Pilcher, PLLC
http://www.DzubowLaw.com
JDzubow(at)DzubowLaw.com
You can email me at jdzubow@dzubowlaw.com, but please note that my availability these days is very limited. Take care, Jason
Hi Jason,
Any idea how long would it take for an interview after short-list has been approved?
I have been waiting for almost 4 years now and it getting painful eveyday.
Thank you
I do not know, but the short lists tend to be pretty long, and they call people in order, if interview slots open up. In our office (Virginia), it has been taking more than a year to get a short list interview, but that could change as they continually try to make the system more efficient. Take care, Jason
Dear Jason,
Thank You for all your hard work and all the great contribution to this.
My husband is from Egypt, I’m from Russia, and we are awaiting for decision on our interview which was in 04/2015. We had second interview – asylum office requested to gather “additional information”, on 31/01/2018. Since then they requested additional documentation by March 28 2018, and since then we didn’t hear anything.
1) Do we fall for LIFO as a last-in case?
2) Do mail letter “requests for status” work as good as walk-ins?
We are at San Francisco office and this is where we were mailing letters to.
Please advise if you can.
I appreciate your time.
Thank you,
1 – No, that is only for new cases. 2 – I sometimes send an email, which they sometimes reply to. But walking in may be better in some cases. I think you can email or send a letter, and if that does not work, you can go in person. Take care, Jason
Hey sasha i hope you will get your decition soon i have a question why they interview you guys for secound time ? What kind of question they asked you or just they need more details and how long the secound interview , i preciated if you can answer and good luck
Dear Jason,
My MCH is approaching, my judge is newly hired, I couldn’t see his approval ratio in TRAC site, is there any other way I can check and also what is the average time from MCH to individual hearing in NY?
Thanks
The only way to check a new judge is to talk to people who know him or lawyers who have had cases with him. Maybe at the MCH, you will meet some lawyers who know about his reputation. You will also be able to see him and get some idea about how he is. As for the time frame, there is no way to know, but at the MCH you will see him give individual dates to other people, and of course, you will probably get your own date. I suppose if you really want to know more about this, you could go to an MCH before your own MCH and see what happens. Take care, Jason
I have read this news in USICS news update: “USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny”
Link: https://www.uscis.gov/news/news-releases/uscis-updates-notice-appear-policy-guidance-support-dhs-enforcement-priorities
I’m wondering what is the implication of this policy in asylum application. Does the asylum application should be complete in terms material and support document before application?
Does the USCIS now have further mandate go deny cases without giving second change interms of requesting further documents and giving more opportunity?
In general, no.
Form I-589 is a special form in terms of handling. You file with service center but the final adjudication is your local Asylum Office.
Unless you are missing required materials listed on the instructions (In which form will be rejected, not denied), you case will have to wait asylum office’s decision. I don’t see the memo impacting asylum office practices and they will continue issue NOID if you are in status, or referral if you are not. Generally after an interview.
The new memo seems to be targeted for cases that service center adjudicating. As the service center do not adjudicate your case, they cannot deny it and asylum office will not deny a case without interview (unless it’s a case that previously denied by the Asylum office). As of now (the first) denial will only come after NOID (noting a referral is not a denial).
It seems that the purpose of this memo is to deny applications in some cases where the applicant has failed to include important and necessary info. In the past, USCIS would send a letter requesting the missing info. This will harm many people, especially people who do not use a lawyer and make an innocent mistake, and it is pretty clearly part of the Trump Administration’s efforts to harm legal immigrants. That said, this should not affect asylum seekers (though it could affect them later on when applying for a GC or citizenship or other immigration benefits). Take care, Jason
Jason,
When asylees apply for adjustment of status (AOS) and are denied (not a simple request for evidence/more information), don’t they just remain as asylees unless USCIS discovered, during the processing of the “green card” application, that the applicant committed a serious crime, has terroristic association, received asylum status by way of fraud, to name a few of the possible scenarios? Even so, because the asylee status was conferred by DHS, and is considered a lawful status, how would this new memo apply to asylees adjusting status, for example? The USCIS memo expressly says that if the applicant for immigration benefit is in the US unlawfully. At what point, then, would the asylee become unlawfully present? Is it after the judge deems the former asylee removable or after USCIS revokes the asylee status? I am not sure if I understand clearly as there is a process for revoking asylee status. If USCIS is denying an asylee’s adjustment of status application for any of the afore-said reasons, wouldn’t USCIS issue the applicant a notice to appear for an interview with an asylum officer to give the applicant a chance to rebut the accusations or charges? And, if the officer is still not satisfied, then they send a notice to the former asylee to appear before an immigration judge for removal proceedings? Or is the purpose of the memo to remove that “due process”? It is my understanding that Immigration Judges don’t have the jurisdiction to overturn USCIS’s decision to revoke an asylee’s asylum status, so the NOID is essentially to formally have the former asylee removed from the US. Jason, would you mind clarifying, if you can? Thank you so much!
I think if an asylee tries to adjust and is denied for a non-criminal, non-fraud reason, the person would not go to court unless the Asylum Office first terminated asylum status. For asylees who are adjusting, it seems unlikely that this memo would apply unless they are a criminal or have some immigration issue. While the USCIS (Asylum Office) has the power to terminate an asylum case, there has been debate about whether the Judge also has that power. I do not recall how the debate ended, or if it ended, but in the case of a criminal, for example, USCIS might terminate without an interview. I think that is possible. Take care, Jason
Hi,Jason,
Thank you for this blog and all advises you give to us.
I have a question, I received my EAD and I am applying for job now, during the interview could I not give information how I got my EAD? Because requesting asylum is a private thing, and what if I do not want to share this information with everyone Can my futur employee demand legally this information? What are the answer options do I have?
Thank you.
I do not know about that, but you maybe you can just say that you have applied for permanent immigration status in the US and you got the EAD while the case is pending (which is all true). However, if they employer is familiar with EAD cards, they can check the code on the card and know that you have a pending asylum case. Take care, Jason
Hi Jason, thank for the new website I have a question my wife she’s in removal procedure she had is MCH recently and the second appear was scheduled to 2020 but she received a notice that the postponed until 2022 it’s that common? The IJ can change the date any time if he as space ? . and she receive the notice for biometric what that means for me it look like she have 2 cases.
Thanks
Dear Fred,
Can you please tell me which state you have got this date? mine is in NY.
Thanks
Denver (Colorado)
Thanks
It is pretty common that dates get changed around. You can always call the court to ask what is happening. You can find their phone number if you follow the link at right called Immigration Court. Take care, Jason
Hi Jason,
My friend is applying for an asylum. He has not himself been involved in any resistance movement, but he has been a supporter of an independence movement in his country. He is applying for an asylum on his own, but he is not sure whether or not he should mention that he was persecuted because of being a supporter of the independence movement in his country. The independence movement he supports is well-documented by the Human rights organizations, and the state department’s reports also acknowledge that the ethnic group which seeks independence is persecuted by the state. Is being part of/ support of a resistance movement makes the asylum case weak?
I think he will need to tell them the story of what happened. The problem is, in some cases, by supporting a resistance movement that uses or advocates violence, he could be blocked from asylum. You have to be very careful about this, and it would probably be worthwhile to talk to an attorney to examine whether he will face problems for supporting this group (if it is a peaceful group, then he should not face such a problem). Take care, Jason
Hello Jason,
I would like to know if there has been any reduction in the wait time given the current changes in Affirmative Asylum interview scheduling. I will be submitting my asylum application soon. According to USCIS website, it takes 6 months at most for an asylum decision to be made for applications lodged after Jan 29 2018. would appreciate if could share some information.
Thanks a lot.
The above post talks about this issue. Most people seem to get an interview a few months after filing (under LIFO) and so most cases will probably be resolved in 6 months (or sent to court), but there are no guarantees and there is no way to predict whether a particular case will actually get interviewed, or how long after the interview the decision will arrive. Take care, Jason
Thanks a lot, Jason.
My mother is with me and she is extremely old and weak. She can’t return to our home country because there is no one to take care of her. We belong to a minority ethnic group that has been subjected to discrimination and persecution for centuries. Can I submit her asylum application based on her ethnic and religious background and how it is dangerous for her to return.
Thanks,
Ali
You can, but whether it is a strong or weak case, I do not know – it depends on her specific situation and the evidence of persecution against your group. Take care, Jason
Hey Jason, Hope all is well with you 🙂
I have been thinking a lot about the issue of traveling while asylum case is pending. What is the mindset reason that asylum seekers had better not leave the U.S. ? I understand that if if one goes back to the country s/he is running away from, it pretty much invalidates his/her asylum claim. That’s understandable. But why that is the case for international travel in general ?
I am also recently told that advance parole is rarely issued to I-589 folks except for extreme exceptions. But it is regularly issued to non-asylum I-485 folks (although it takes about 5, 6 months now compared to about 2, 3 months in previous administration). The link here (https://www.uscis.gov/travel-documents) lists that I-589 and I-485 are both qualified advance paroles. But why it seems I-589ers seem to be regarded as inferior than other I-485ers ?
Thanks for your time Jason and keep up the good work 🙂
I wrote about this on September 11, 2017, but in short, it is more difficult for asylum seekers to get AP, since they are required to show a “humanitarian need” for the travel. GC applicants do not need to show this. Take care, Jason
Hey Jason, I filled my asylum application December 2016, with no attorney. I already have an EAD and haven’t gotten an interview yet. my girlfriend is also applying for asylum soon. Do you think it would be okay if we got married and she can add me to her case since cases submitted now are interviewed fast than earlier ones. What would be the best advise you would give to us we live in WA state. Thank you and blessing
There is no guarantee that she would get a fast interview, but she might. It might be easier if you were married and she filed the case without you, as the filing procedure might be different if you were included as a dependent on her case (she may have to file at the local office in that case since you already have a pending case, but I am not sure). As long as you are married, if she wins, she can then file an I-730 for you. Of course, if you are a dependent on the case, you would get asylum at the same time as her, so that would be faster. If you want to be listed as her dependent, maybe email the local asylum office and ask where to file. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If they cannot help you, and the I-589 instructions do not cover this situation, I recommend you talk to a lawyer before filing, just to make sure it gets filed properly. Take care, Jason
Jason, have you ever witnessed clients’ failure at the asylum interview? How do you feel if this happens? I am interested in your personal feelings. If a case is denied, is it normal? And if client asks why he failed do you explain why?
It depends on the client, but at the interview itself, we do not know what the decision will be, so there is no failure at that moment. If the case is denied, I usually feel bad about it, of course, and there is the question of whether we could have done more. Fortunately, most cases are successful, but when a case is denied, we talk about what happened and what are the next steps. By the way, I wrote a posting about this on April 26, 2012 if you are interested. Take care, Jason
Hi Jason,
Do you have any statistics related to I-730 from Nebraska asylum office?
Thanks
I730 is not adjudicated by asylum office but by service centers.
Current processing time is ~6-8 months.
I don’t sorry – we are seeing I-730s take maybe 4 to 6 months, and then consular processing is another 3 to 6 months (normally). Take care, Jason
Hi Jason, my case was in San Fransisco asylum office. I tried to expedite my interview and submit medical report there. Now the case moved to Los Angeles office and I want to submit the same document in order to expedite my interview. Do they transfer those documents with my case?
Will those documents be available to the officer who interview me in the future?
Your entire case file should have transferred. It is common for them to lose things, so hopefully you have a copy of everything you filed, and when you have your interview, you can bring that with you, in case they need it. Take care, Jason
May I ask was it you or asylum office transfer your case to Los Angeles please?
Hello Dear jason.my friend applied for asylum since 2015 and he did his interview on August 2017. Today morning he arrested by imgrriation office. Actually they take him from the street to imgrriation office in Minnesota at 1 federal driver Bloomington. He called us and told us that office told him his case denies and there is a new rules just 2 weeks ago that any case get denied they will take the person and his case will go to court and if he win appeal they will let him free or they will get departure. Is that true about this way to take people?And is that true there is a new rules about asylum seekers? Thanks in advance
Amir, did your friend has lawful status such as F or H when he get denied for asylum?
Thanks
I have not heard about such a rule. If that is something new, it is a big change and a big concern, but I think if there were such a general rule, I would have heard about it. In the cases of asylum seekers who have been arrested, all seem to have committed crimes here or abroad, and so I wonder if he has any criminal issues (maybe that he did not tell you about). If this starts happening more generally, we will certainly here about it, and I will post something here. Take care, Jason
Dear Jason. Your answer is very appreciated .to many thanks . I don’t know if he had committed a crime. But, as I knew him for more than a year, he had not has any crime. What I want to know if there is any person has got denial and face the same situation in this week. Because, as he told us that the immigration has received a new order to put any person, whose case gets denied, in a detention until he or she seen in the court. Also, I want to know do the people who are waiting thier decision have to expact not get it by the email? And do they have expact the immigration policies arrest them insted ? Can any one tell me if there is anyone has received the decision by mail in this week?
I think there is no such rule. There is a new memo that will cause more people to get to referred to immigration court, but that has little to do with detention. We will have to keep an eye on this issue, though. Take care, Jason
Dear Jason,
Today was my interview, I think interview went well, there is two issues that make me too worry
1st question: Officer told me it looks to me you have memorized your case very well
2nd question: She told me when did you decide to come here? I answered X x 2015. She told me I mean how long it took to think? I answered, I decided at this date. Because, I left the job at that date and decided at night. It looked to me she did not believe me, but it is a true, even when i fly to somewhere, I buy the ticket and fly after a few hours.
At the end of the interview, she told me you will get granted or court, you will not get denied.
I would like to know your opinion about the above issues.
El, what location did you have your interview? I hope the best outcome for you.
I applied for asylum end of the May 2018
My interview was today
Arlington.
EL, can you tell us when did you apply for asylum and in which office?
thank you
I applied for asylum end of the May 2018
My interview was today
Arlington.
1 – I am not sure what to make of that. It seems like a snarky/inappropriate things to say. 2 – This does not seem like a major issue to me. If a person is out of status (which I guess you are), then the only options are to get granted or go to court. The officer always says this, so it has no meaning about whether the case will be successful or not. Good luck, Jason
Jason, I agree about the snarky/inappropriate remark by the AO. Even if that’s what you are thinking, that’s just not something you say to the applicant who is probably worried and anxious. To me, it can come off as insensitive to the applicant, even if it wasn’t intended that way. It’s another way of saying you sound very rehearsed. By the way, do they actually believe that the applicants, knowing very well that their lives may very well depend on the interview, are going to come to the interview not prepared and have major problems remembering things that happened to them? They need to realize that not everyone will do a perfect interview, or do an interview that fits perfectly into your preconceived expectation of how an asylum interview is supposed to go.
I wrote a post on this point on January 8, 2012 if you are interested. But you are exactly right – applicants prepare for their interview, and they have to memorize parts of their story, like dates, which we humans usually do not remember naturally. Hopefully, the officer’s remark is not an indicator of her feeling towards the case. Take care, Jason
Dear Jason,
My asylum case is pending since 01/02/2018 (before January 29th LIFO Time) if my case falls in the third priority, how will they process these cases in the third priority? Will they do it as Cases from January 28th first then backwards to the backlogged ones or cases in the backlog first then new cases upto January 28th? I read a lot but didn’t find any clue about that point. Thanks Sir
Hi, Seeker,
What office did you apply to?
Good luck with your case.
I mailed my asylum application to Dallas Texas but I live in Virginia (Arlington office)
Thanks
Different offices seems to be doing different things, and since they do not announce their policies, it is difficult to know. I believe most offices are now operating under LIFO and, if they have extra time to interview backlogged cases (like yours), I think they are working backwards (meaning, you are probably near the front of the line). I am not sure though. You would try emailing the local office to ask how they are processing cases. Maybe they will even respond. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
[…] on LIFO and the Asylum Backlog (or, The Fix that Wasn’t) (The Asylumist Blog, July 2018) [text]– Note: LIFO = last in, first […]
Hi, Jason My nephew file in May and it was received and pending as of 06/10/18 biometrics was done 7/3/18 he received a notice for his interview 7/30/18 his cousin also file the same time and she has her interview the same date at 9:00am and his is at 7;00am. we are very nervous. not sure if is good that they both have the same interview date, what are your thoughts? this is Houston Tx, also have you done any Asylum for Venezuelan citizens?
Thank you for all your support,
Loira.
If both interviews are at the same office, you may want to contact/email the office, tell them, and ask that both cases be placed with the same asylum officer (assuming the cases are related and you want to do that). We usually do that for our clients, as it makes sense for one officer to review related cases. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). We have a couple Venezuelan cases now, and it is the number one source country for asylum seekers, since the situation there has deteriorated so much. Take care, Jason
Thank you for your respond I have another question My sister ( My Nephew’s Mom ) is here on a tourist visa she is planing to go back, after the interview she wants to be there for him do you think is good that she will be there with him?
Thanks.
It is up to them, but normally, at an interview, the officers do not talk to witnesses, so unless the nephew is a minor, there is probably no affect on the interview if she is present or not (and assuming she can even return to the US, since sometimes they deny entry if a close relative has filed for asylum). Take care, Jason
It’ interesting. If USCIS field offices don’t follow rule of 21-days but still implement LIFO that means that it’s better to have case processed there rather then in main offices. Because in main office If your case wasn’t processed during 21 days, it goes to the backlog, while in field office it still can be reviewed.
Maybe, though we heard from someone that in his circuit ride office, they are giving interviews. Basically, I think we will just need to see how things progress in order to have a better idea of how they are operating, as the announcements they are making about procedure do not always seem to be what they actually do. Take care, Jason
I have got NOID, and the AO raised several points of inconsitency. One of those points are:
NOID: when you applied for visa in USA embassy, you said you never been arrested. However, in asylum application you mentioned that you were arrested because of your political opinion. This makes your claim in to question and hence, not credible.
My answer during the interview was: I was arrested not because I committed crime but just because I exercised my democratic rights, and government doesn’t tolerate people speak against them. Hence, I don’t believe this legitimate.
Would you please help me with this?
@ JASON: I am in a similar situation. In my Visa application, I checked No to the question if I have ever been arrested and now I am about to file my asylum application. Do you think it can be detrimental to the outcome of my asylum application ? Since I did not file yet is there anything I can still do before filing ? Thanks
I would indicate either in your form or in your declaration that you wrote “no” to the question about arrests, and explain why. Generally, when you go to them with an issue like this, it works better than if they come to you and ask you about it. Take care, Jason
This type of question is pretty common. I do not know the exact wording of the question at the embassy, but maybe they asked whether you were arrested for a crime. If not, you may have interpreted “arrest” as an arrest for a crime, or a lawful arrest. You can explain (again) that you said no because it was not a lawful arrest, it was not an arrest for a crime, and – if applicable – the embassy specifically asked you about criminal arrests, and you have none of those. Take care, Jason
Actually, in any visa application applicants need to fill out DS-160.
In the form, similar to AOS applications, there is a question “Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?”.
I think this is the form DOS shared with USCIS. and the applicant’s answer is NO.
The answer might be inconsistent with the same question that applicant answered in I-589. So it will cast doubt in officer’s mind as it’s just seems to convenient that the applicant answered differently for the same questions to (seemingly) benefit the petition/application he/she is seeking.
This type of inconsistency is common, and I think it indicates a mistake far more often than it indicates deception (especially since the applicant already revealed the arrest at the asylum phase of the case). The problem is, when USCIS is looking for reasons to deny, such an error gives them a possible reason. Take care, Jason
Hi Jason and all asylum seeker
I just want to share my experience about how I added my wife to my application.
I did it at Houston office. It seems they do this things not service center. I drive three times to asylem office.
First one, I was ther to make sure where I have to submit papers. They told me bring marriage certificate, 2 photo of my wife, a singed statement by me shows my wish to add my wife to my application and filled out I 589 ( only pages 1, 2 and 9 ,one of my wife’s pics should staple at page 9 and I have to sign it. Do not forget tick yes in box 24).
Second day I brought the papers and they told me within a week I will recieve and email states she has beed add and her A number. But I did not get any email.
Third day, after a week I drove there and ask about my application. They did not do it yet. So they ask me to wait and after around one hour they gave me a receipt with her A number and states my wife added to my application.
Thank you for sharing. Just for people to be aware, different offices have different policies about this, so you can contact the local office to ask about their procedure. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Do you mean your wife did not have to go through any biometric before getting the A number?
Interviews here in Minneapolis are having relatively quickly. I have an interview tomorrow (7/13) and the case was received 5/24. This is a circuit ride from Chicago, though we have had officers essentially placed here permanently for the last several months. That being said, decisions are virtually non-existent. Our office has had several interviews since last summer, prior to the LIFO policy. Not a single decision. One casualty of this inability to meaningfully deal with the backlog is a client interviewed in February who has taken the extraordinary decision to return home because the spouse is not doing well and the event horizon for when his case might be resolved is.
Thank you for sharing this, and I hope you are well. I should have realized that USCIS may announce a particular policy, but not necessarily follow the policy as described. Maybe it is just that the Chicago office has decided to devote more resources to its circuit rises; or maybe all offices are doing this. I guess time will tell how all this plays out. I can say that we have more interviews than decision in Virginia, and I suspect that that is common across the US. I have also had clients return home for similar reasons (I wrote about maybe my worst case on August 27, 2015, if you are interested). Take care, Jason
Hi, Jason
I applied after the LIFO rule. and I had my interview more than 4 month (in March) at LA office
I haven’t received any decision yet
Do you think it is normal ? and what should I do ?
Such delays are common. You can contact the LA office to inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Otherwise, there is not a lot to do except wait and hope for the best. Take care, Jason
Hello Jason,
Thank you for this wonderful website and your great advise. I applied for asylum and my case is still pending for interview. I have student status I’m wondering what would happened for my status if I got denied from asylum office? I heard that because I have used of immigration benefit such as EAD card for asylum I already lost my non immigration status. If that assumption would true ,do you think the asylum office will send me to court or uscis later put me in removal proceeding? Is that any difference between this two procedure? If they put me in removal proceeding, do you think IJ will consider my asylum application that denied by asylum officer before removal proceeding?
There is a memo about students who violate their status, but it is not yet in effect (I think the rules goes into effect in August). Even when it goes into effect, I do not know if filing for asylum will be considered a violation of F-1 status (the memo does not mention this, as far as I remember). We will know in a few months how they are implementing the memo and whether students who are otherwise in-status will be referred to court if their asylum is denied. Referral to court and removal proceedings are the same thing. If you go to court, you can re-apply for asylum there. It is often easier to win in court than at the asylum office, but of course, it depends on the court. Take care, Jason
The memo Jason mentioned is specifically for the purpose of clarifying how USCIS calculate the accumulation of unlawful presence days, and does not on itself, impact HOW USCIS determines what constitute as violation of your terms and conditions as F-1.
Getting EAD or accept employment under the conditions of an EAD, does not violate your F-1 status, unless you otherwise violate such status. However, missing classes, fail to register or accept employment without proper authorization, will make you out of status.
There is a new memo out just recently, if the officer adjudicating your asylum case found you otherwise violated your status, they will refer your case to the court.
However, if you otherwise not violate your status (applying asylum is not a violation), you most likely will receive Intent to Deny instead of a referral.
Also, it’s a side note that while it’s not a violation of your status, you might have a hard time getting F1 visa stamps in the future if the consular officer know you applied for asylum.
My concern is that they will consider seeking asylum as a violation of F-1 status. An F-1 visa is a non-immigrant visa, and if you have an intent to stay permanently in the US, they will typically deny the visa. By seeking asylum, a person expresses an intent to remain permanently in the US, so this could be considered a violation of F-1 status (or most other non-immigrant statuses, except for dual intent visas, like H1b or L). We’ll see if USCIS interprets things this way, but for now, we do not know for sure. Take care, Jason
Hi, Jason
Could you please tell me how I can check my pending asylum case status online or by phone (NYC office)? I saw on a website number to call, enter alien number and get information, but I guess that number does not work anymore. I could check my EAD application status online way before I received mail notification.
Thank you.
You cannot check an asylum case online. In any case, there is nothing to check, as cases are being interviewed based on LIFO, while old cases are simply stuck in the backlog. If you need to communicate with the NY office, you can email them. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
The NYC asylum is really not cooperating. I inquire on my case by email every month and they always send me the same standard response. I almost feel like they have an automated system that send the same answer to people whenever they inquire on their case. (A friend of mine received also the exact same letter)
Literally the same letter words to words every month. They do not want to share information over the phone.
I find that quite outrageous, there is very few communications on how the whole thing is going. Nobody knows how long they have to wait to get an interview. At least with the scheduling bulletin, we could estimate the interview date.
You might get lucky if you go there. I haven’t tried that yet.
Hello Jason,
I have a burning question. Please please see if you can answer.
My one year deadline is approaching fast, on August 14. I live in Atlanta and have not filed my case yet.
I can move out and live in other states. FILO is a great opportunity. I do not want to wait for years for an interview now. To enjoy the benefit of the LIFO, should I move to a different state? what if I file my case in Atlanta and then transfer it to one of those main USCIS offices.
Respectfully,
Mostafa
First of all, whatever you do, if you plan to file for asylum, do not miss the one-year deadline. I guess you could move to Virginia and file from there, or some other state where LIFO is in effect (though as the chart above shows, this does not guarantee an interview). Alternatively, once you get the asylum receipt, you can email the Arlington office and ask for an interview in Arlington, as opposed to a circuit ride interview in Atlanta. I do not know whether that will work, but you can try. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi,
I applied for asylum in oct 2014 and interviewd in jan 2017 in SF office. I’m still wating for decision. My girlfriend became us citizen and we have plan to marrige soon. Can I apply for adjustment status? Do you think the pending decision could cause negative effect on adjustment status?
Thank you for your great advise
As long as the asylum case does not involve anything like paying money to terrorists, it should not bar you from getting the GC based on marriage. Whether you are eligible to do that depends on the case. Generally, people who enter the US legally, do not have any immigration or criminal issues, and who marry a US citizen are eligible to get the GC based on the marriage. However, there are exceptions and before you start spending money on this, talk to a lawyer to make sure you are eligible to get the GC based on marriage. Take care, Jason
Hi
My interview is in two weeks and I’m looking to add my Iranian boyfriend to my case. we are planning to get married before my interview.
However, My attorney recommended me not to apply for him before the interview as we are not living in the same state. He advised us that I should add my husband to my asylum application right after the interview.
Here is my question:
My boyfriend has already a pending opt extension EAD application. I was wondering what happens if his EAD gets rejected while my interview has not been approved. Will he be out of statues? should he leave the country?
what is your recommendation?
I truly appreciate your time.
Thanks,
He could end up out of status, and he could be placed into removal proceedings (there is a new memo from USCIS about this dated June 28, 2018, if I remember correctly). If you get legally married before the interview, you can tell the asylum office and then, if you win, you can file an I-730 for him to get asylum too. In my opinion, if you want to do this, it is probably better to do it before the interview, so you can inform the asylum office that he is now your husband. Technically, if you are married after the interview but before your case is completed, you can marry him and then file an I-730 if you win, but it would probably work better if you added him before the interview, so the Asylum Office has his info. Also, if you win, and are not yet married, you cannot file an I-730 for him. Take care, Jason
Hi Jason,
Just wanted to know what will happen if I get married to my US citizen girlfriend, I am on a pending asylum in Arlington since dec2014
Thanks
Obviously what will happen to my pending asylum case 🙂
It will stay pending. Once you have the GC, you can cancel it. You can also cancel it before you get the GC, but there is no advantage to that and it might end up causing your case to be sent to Immigration Court – talk to a lawyer before you try canceling the asylum case (unless you already have the GC, then you should be fine). Take care, Jason
If you are eligible, she can file for you to get a GC, and once you have it, you can close out the asylum case. Sometimes, the asylum cases interferes with the GC case, and so if your GC case is delayed, you might contact the asylum office and inquire about whether they need to transfer a file to USCIS in order to complete the marriage-based case. Take care, Jason
Hello Jason,
Thank you for the update. Yet, I am a little bit lost. Would possibly elaborate on this? Chicago 550 675 / 100% 550 / +0 Does it mean they issued decisions on all interviewed cases?
Thanks
Desparate, I think it is saying that the office received/had 550 applications and processed all 550 applications and possibly some (125) from the backlog or elsewhere. It can also simply mean that the Chicago office was processing the cases very quickly under the new LIFO scheduling.
It is almost impossible that everyone would have gotten a decision as there are a number of factors that can affect getting a decision on a case. There may be the need for further background checks, officers’ resignations, officers’ vacation, etc.
It’s just a coincidence that both numbers are 550. I doubt that any of the 550 cases received in March 2018 were also completed in March 2018. It takes at least a couple months to complete a case. This does indicate that at least in March, the backlog did not grow (or shrink) in the Chicago office. That is about all it means. Take care, Jason
Not at all. It means that they received 550 new cases. They also completed 550 cases, but those are different cases (they were probably filed months ago). It is just a coincidence that they received the same number of new cases as they completed. Take care, Jason
Hi Jason, its always nice to visit your blog posts, very informative. I recently applied for AOS i485, was at TX service center, and today got an update saying ‘case is transferred to you local uscis office’ live in VA,
1. Is it an implication for an interview? I’m the principal Asylee
2. Is it that common for an asylee to receive an interview?
3. How often do you experience this with your clients?
4. Do you think its faster or slower than the TCS?
Thank you!
1 – Maybe, but you never know. Sometimes, cases are transferred internally for work-load reasons. 2 – In most cases, the principal does not receive an interview, but the dependents supposedly do. 3 – Experienced what? Transfer of cases to local offices? I am not sure, but cases are transferred around pretty commonly. 4 – I don’t know. Take care, Jason
Hi.
Applied March 2018
Interview April 2018
Decision still PENDING
How long do you expect to receive the mail about the decision letter?
Average months, years, what is the trend based on your experience, though it depends on cases and is NOT regular.
thanks
Hi, Jake.
Could you please tell which office was it? (New York, Miami etc).
Good luck with your case, I hope you will get approval soon.
There is no trend, as it is not regular. We have had some cases take days; others take years. I did a post on October 21, 2014 that lists some red flags for delayed decisions. You can also email the asylum office to inquire about the case. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello Jason,
Do you know when it is best to apply for EAD renewal ? I heard new cards are valid from the date they are issued, and not from from the date the old card expires, and that it is not taking so long like before. So when would it be best to apply with respect to the expiry date of the card that needs to be replaced ? any recommendations ?
Thanks a lot
H.
There is no easy answer.
My recommendation is to apply ASAP ~6 months before EAD expire date. You never know what happened for your application or processing time. It might be short now but you cannot predict the future.
However, if your goal is to get a new EAD with longest validity period, you can risk it and apply ~1-2 weeks before it expires. With the 180-day automatic extension your current EAD will still be valid.
By doing this, you are risking a lap in its validity.
Thanks WN. Jason, could you also comment on this please ?
Thanks,
Hisham
It is very hard to predict processing times, and at least in our office, we would rather have overlapping EADs than gaps between EADs. We try to apply between 120 and 140 days before the old EAD expires. Take care, Jason
Hey Jason,
I filed for asylum in New York in September 2017, the new LIFO system came out in January 2018. Since I’m not that far from the new LIFO system (given that New York was also at applications who filed in 2015), do you think it’s likely that I will be interviewed this year, 2018? At the end of this year I would’ve been waiting for 1 year and 3 months.
For NY office, as of now, you will be lucky if interviewed by end of 2019 if you didn’t expedite or shot-list.
I find this response very inaccauetre. It’s impossible to wait two and half years given the new LIFO. So telling me that if I get an interview end of 2019 would be lucky is ridiculous. With the old system I was projected to be interviewed Jan/Feb 2019. So how with the new system you’re staying that if I get any interview in 2019 I’d be lucky??
The fact is, no one knows when backlogged cases will be interviewed. The asylum offices do not know. If they won’t know, no one does. Take care, Jason
Hi, Andre
I am in the same situation(((
I applied to NYC office in September 2017, still waiting. But as far as I see and hear from asylum seekers apllied after LIFO, NYC office is interviewing people a month after initial application. If things go this way, I hope they will be able to start reviewing 2017 applications soon, and maybe we may be interviewed this year. But I also heard that there are more denials nowadays than ever, so I am not sure if it is a good thing to have interview now.
Good luck to everyone and may God help us all.
If your case is good, you shouldn’t have anything to worry about.
Look at one of my previous response to someone and let me know what you think.
Also, contact me here stuffofficial@yahoo.com so I can ask some questions to see how soon we may be interviewed.
I do not know, but at least for March 2018, they interviewed fewer people than the received new cases, so it is doubtful that they are making much, if any progress on the backlog. We will have to see how things go in the next few months. That will give us a better idea. Take care, Jason
Hi Jason,
I see you put for Chicago Office completed ” 550 / +0″ – does it mean the office interview 550 people but did not make a decision on any of those cases?
Thanks
It means that they received 550 new cases, filed in March 2018. In the same month, they completed 550 cases. There is another column indicating how many people were interviewed in that month. Take care, Jason
Hi Jason,
Thanks for all the info. You’re very helpful. I have my interview coming up and I’m pretty nervous. I’m an LGBT asylum seeker. I went to school in the US, and I have had a few relationships. I am also currently employed. Would it help to bring proof of this? My degree, pictures of me and my partner and work documents?
Looking forward to you response!
I would join a LGBT group near you. I am LGBT asylum seeker and at my interview the officer asked me if I was a member of any LGBT group. When I said “no” she asked “why not?”. My interview was very smooth. Officer very polite.
You should submit evidence with your case – evidence that you are gay and that you were harmed or face future harm in your country because of this. It is also helpful to submit evidence of your life in general, such as work documents and school documents. You may want to submit this in advance of the interview. In my local office (Arlington), they require documents at least one week before the interview. Other offices have different rules. You can contact your office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason ,
As a pending asylum case recipient , Is it safe to travel buffalo to see the US side of Niagara Falls.
Thanks
Asylee
It should be safe – bring your receipts with you, and don’t go to Canada. Take care, Jason
Hi Jason
Thanks for this information
I asking about Los Angeles office they are negative is that mean the are doning some interview from the backlog
Los Angeles 997 708 / 71% 1,243 / -246
Thanks,
I think they are starting from newer cases toward older cases( third priority). when they want to work on backlog, they will take new cases.
It means they are completing more cases than they are receiving (at least for March 2018), so I imagine that means they are doing some cases from the backlog. Maybe they are not interviewing backlog cases, but at least they are completing them (maybe they were previously interviewed and were just waiting for decisions). Take care, Jason
Hey Jason,
According to an article in slate, “Among the rescinded guidances were policies clarifying asylum-seekers’ right to apply for a work permit while their asylum case is pending and one encouraging businesses not to mandate U.S. citizenship as a job requirement.”
Does this affect our (ones with pending asylum) ability to work in the US in any way? or Can we still apply for work permit while our application is pending?
Thank you so much for what you are doing. You are in our blessings.
Thanks,
Tori
As far as I understand, this does not block people from seeking an EAD while the case is pending. If things change in that regard, I will post something here, and I think it will be big news in the immigration/asylum community. Take care, Jason
Hi Jason,
I really appreciate what you do to help and information asylum seekers with their sometimes sad situations. I applied for asylum in April 2018 (pro se) and awaiting interview as of now. Today I read on the news that Attorney General Jeff Sessions has rescinded, among other things, the guidlines on how to apply for work permit while asylum application is pending. Does this mean that I won’t be eligible to apply for a EAD when the time comes (September 2018)?
Thank you in advance Jason
I have not heard that. USCIS has the power to do that (probably), but none of the recent changes seems to block asylum seekers from obtaining an EAD after the 150 days has passed. I am keeping an eye on this issue and if something happens, I will write about it, but I think lots of other people will write about it too, and there will be litigation to try to stop it. Take care, Jason
Hi Jason
I have applied for asylum since may 2015 in LA office. do you think they are following LIFO? do you think I will interview by the end 2018?
They are following LIFO. But I do not know if they are interviewing old cases or more recent cases in the third priority group. Either way, I doubt you would get an interview in 2018, but you never know. You could try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi. I applied i730 forms for my family this week. They are in a muslim country but not banned. I wanna know that what will be further process on it after filling? How much time it will take for approval from DHS? And then how much time in my home country? Thanks.
The time frame is unpredictable, though we have seen delays for such cases from Afghanistan. The first step is the I-730, which can take a few months or longer (maybe 3 to 6 months is a good guess) and then processing at the embassy, which varies by country, but can be one month or it can take many months, if there are delays. Take care, Jason
Hey Jason.
Is it possible to find any info how much of the backlog individual office has? I have filled my case in may2015 arlington and i want to move in Boston area. And I’m wondering how big is there backlog.
Is sub-office actually an office with separate from the main office officers? Do they actually exist by them self or they still waiting for officers from New ark?
Have u heard anything about moving case to another office and being interviewed right away?
Arlington has about 30,000+ cases in the backlog. I do not know about Boston, and I only know about Arlington because I received the notes from the periodic meetings they have (I do not know if Boston or Newark publishes such info – maybe a lawyer in those areas would know). I do not think that info would help you too much though, as you also need to know how many cases are coming in, and how many are being processed. My best advice is to live where you want to live and just hope for the best with the case. Or, try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi jason
What about the disission?
I do not understand the question, sorry, Jason
Please put some light on asylum seekers waiting for decision.
I wrote about this issue on October 21, 2014, but the basic answer is that wait time varies by case – some people wait days; others take years. If you wait too long, you can contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If that does not help, you can contact the USCIS Ombudsman (a link is at right) or talk to a lawyer about a mandamus lawsuit. Take care, Jason