Last week, I wrote about my suggestions for a new Asylum Office website. In that post, I gave short shrift to a new development: For affirmative asylum applicants, it is now possible to check your asylum case online at the USCIS website. This development is actually pretty significant, and will be particularly helpful for those who set up an account with USCIS in order to receive automatic case updates.
Here’s how it works: If you filed affirmatively for asylum–meaning, you filed a case with the Asylum Office–you should have received a receipt with an Alien number (a nine-digit number usually starting with 0 or 2) and a receipt number (three letters followed by a 10-digit number; the first letter is “Z”). You can now enter the receipt number into the USCIS Check Case Status web page and obtain information about your case.
I’ve plugged in several of my clients’ receipt numbers to get an idea of how the system works. After you enter the receipt number, you will receive a message about your case. The messages I saw have between one and four paragraphs, depending on the stage of the case.
The first paragraph gives information about the status of the case. This is discussed more below.
The second and third paragraphs of the message discuss the “Asylum Clock” and eligibility for an employment authorization document or EAD. In short, once an asylum case is received, the “Clock” starts. After the Clock reaches 150 days, a person may apply for an EAD, but the Clock must reach 180 days in order for USCIS to actually issue the EAD. If a person delays her case (by skipping an appointment, for example), it could cause the Clock to stop. Buried in the middle of the second paragraph is the number of days that have elapsed on your Asylum Clock and a statement about whether your Clock is still running. This is quite helpful, as it is easy to know when to apply for your EAD (on or after day 150, assuming the Clock is still running). One quibble, if I may: It would be nice to see this information more prominently displayed, as it is kind-of hidden in an otherwise boilerplate paragraph.
The final paragraph contains information about what to do if you move (file form AR-11).
There are different messages generated, depending on the status of the case. After the case is filed and received, the message reads, “The next step in your application is an in-person interview. Once your interview is scheduled, you will receive an interview notice in the mail and this case status will change. If you have an attorney or accredited representative on file, this individual will also receive a copy of the interview notice in the mail.” Another quibble: This message appears even if the biometrics (fingerprint and photo) appointment letter has been mailed out. In other words, at least for the case I checked, the system does not indicate that a biometrics letter was sent. Hopefully, USCIS will include this information as it continues to update the online system.
Once the interview is scheduled, the message states, “Your interview has been scheduled. You will receive an interview notice at the mailing address we have on file. If you have listed family members as dependents on your application, you must bring them to your interview. If you cannot communicate effectively in English, you must bring an interpreter. If you have an attorney or accredited representative and come without that representative, we will ask you to sign a form stating you agree to be interviewed without that representative present.” Further down the page, the message indicates that you can reschedule the interview. However, there is no information about how to contact the Asylum Office to reschedule. Such information would be helpful, even if it is only a link to the (woefully inadequate) Asylum Office website (which also does not tell you how to reschedule an appointment). By the way, it seems that the interview message is the same whether it is a first interview or a rescheduled interview.
If the interview has taken place, but there is not yet a decision, the message states, “You completed your interview with USCIS. The time it takes for USCIS to give you a decision after completion of an interview may vary. An officer told you at the end of your interview if you needed to return to the office to pick-up your decision on a specific/scheduled date, or if your decision would be mailed to you.” This same message seems to appear regardless of how long the decision has been pending. For example, I checked one of my long-delayed cases (filed over five years ago!). I suspect that the case is being held up due to a TRIG (Terrorism Related Inadmissibility Grounds) bar–the client was kidnapped and paid money to the bad guys to get released (this is an example of how the TRIG bar treats the victims of terrorism as if they were terrorists). The client was interviewed (about four years ago), but there is still no decision. For this client, I received the same Case Status message as for a client who was interviewed three months ago (and who does not have any TRIG issues).
Once a decision has been made, the message reads, “We reached a decision in your case. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what you should do next.” If the decision was picked up, the message reads, “We reached a decision in your application. You recently picked up this decision at our office. You must follow the instructions in your decision letter as to what you should do next.” Whether the case was granted, denied or referred to Immigration Court, the message was basically the same. In other words, you cannot determine the outcome of the case based on the online message.
I did not have any cases with a pending Notice of Intent to Deny, so I do not know if the online system indicates whether such a letter has been mailed out. I hope it does, as applicant’s only have 16 days to respond to a NOID, so the earlier they know about it, the better.
I also checked an application that was closed. The message states, “We closed your application and notified you of the reason in the decision letter we mailed to the address we have on file for you. You must contact the office that has been handling your application if you believe your application should not have been closed.” Such a message means that the case is no longer with the Asylum Office. In our client’s case, the person had previously been before an Immigration Judge, and the Asylum Office determined that it did not have jurisdiction.
Probably the best part about the new system is that you can set up an account with USCIS so that you receive automatic updates by email or text message. In this way, you will know when to expect your interview notice or decision. And here’s a bonus: If you sign up for Informed Delivery with the U.S. Post Office, you will get a scan of all mail coming to your house, so you will know exactly when your notifications (and all your other mail) are arriving. Informed Delivery is not available everywhere, but you can check the USPS website to see whether you are eligible.
Finally, one last issue: The USCIS website is only in English. There are a limited number of messages that appear when you check your receipt, and so it really shouldn’t be that burdensome to create messages in other languages (Spanish being the most obvious). I am not sure that this is under consideration, but it would be very helpful.
So that’s about it. The new system is a good start, especially if you get automatic updates, but it’s not a substitute for a more informative Asylum Office website, as I discussed last week. Hopefully, USCIS will continue to improve it’s online presence, and continue to improve the process for asylum seekers and everyone else in the system.
Hi, Jason,
We’ve waited almost 4 years to interview, a week ago, I searched using my case it showed you case is still pending, but today, showed:
Quote
The next step in your application is an in-person interview. Once your interview is scheduled, you will receive an interview notice in the mail and this case status will change. If you have an attorney or accredited representative on file, this individual will also receive a copy of the interview notice in the mail.
.
Quota end.
Is anything changed soon?
Hi Jason,
I have applied for political asylum in 2016 and my case still pending. I would like to expdite my case .
1- my fiance lives in different country than the my home country. Can I expdite based on that reason to go there for marriage ?
2- my mum is old and need care and she lives in different country than the home country. Can I expdite on that base as well ?
1 – You could try, though that is probably a weak reason. You can also apply for Advance Parole and try to go visit him – I wrote about that on September 11, 2017, but since I wrote that article, it has become more difficult to get AP. 2 – You can try. I wrote about expediting on March 30, 2017. Take care, Jason
The system is new, and so maybe that accounts for the change, but both messages seem to me to be the same things – the case is pending and you were not yet interviewed. Take care, Jason
Do you think the change in country condition affect the asylum applicant? A condition in Ethiopia is completely changed following the new prime minister, security forces and officials who violated human right, involved in killing, disappearance, torture and jail/detain citizen are facing justice. Political prisoners were released, exiled citizens are invited to home and most of them made it safely. My Questions
1. Do you think US government recognize this political change and narrow the gate for asylum applicants from Ethiopia?
2. Can the green card holder asylee/dependent go Ethiopia and come back since there is no more fear from government as TPLF is already dead for good
1 – It may. I met one Ethiopian person whose asylum case was denied at the asylum office because of changed conditions in the home country. He hired me to do his court case, and I think there is still evidence of danger in Ethiopia. If things continue to move in a positive direction, it will become harder to win asylum from Ethiopia. 2 – If a principal asylum applicant returns to her country, it could cause the US government to investigate and maybe terminate her asylum status. Dependents should not be affected by this, but it might depend on the facts of the case. If a person has a GC, they can still get into trouble if they return to the home country, so it is safer not to return, if possible. Take care, Jason
Hi Jason:
At the outset, I wanna say about the problem that I had with number of days in new online status checking( which my days were 149 for EAD and it did not change and I applied for EAD), I recieved my reciept yesterday so it didn’t affect me, I mean that they checked my number of days from asylum reciept maybe. I am sharing this issue, it might be helpful for some people.
1: Also, what is the next step after receiving the reciept for EAD?
2: Can you please give me some hints how long does it take after the reciept to get my EAD? I really need it to work to support myself.
Thanks a lot
The next step is to get the EAD. That usually takes between 1 and 3 months. Take care, Jason
Jason,
Are cases, those under HQ review, ever adjudicated (approved, denied, or referred)? Do you have any similar case that passed the limbo of the HQ review?
They do get decided eventually. The last time I saw any data about this (a few years ago), the average wait time at HQ was about a year. Since they usually don’t say that they reviewed a case at HQ, I do not know for sure which of my cases were there, but I have some that I suspect when to headquarters and were eventually decided (but I do not remember the time frame). Take care, Jason
Many thanks Jason.
Waiting for 6 years now. I know, for sure, that my case is at the HQ. I will keep hoping and waiting.
Let us assume that my case is kept on hold for either TRIG or CARRP. Do I really get benefit from filing a mandamus? My understanding that the USCIS will stop my GC application if I am CARRP even if I win the asylum through the court. That said, I don’t see any value from filing a mandamus but wasting money. I am technically stuck with no feasible solution. Am I correct?
If the mandamus causes the case to be denied, you could land in court where your case will hopefully be granted. Even if you are granted asylum, you may have great difficulty getting a GC – I know of one example – a Kurdish man who got asylum but has been unable to get the GC due to TRIG or some other type of bar. The only advantage is that if you have asylum, you can get a travel document and travel. This is more difficult if you are stuck with a pending case at the asylum office (and you cannot travel while your case is in court). Whether it is worthwhile to file a mandamus, I do not know. It depends on your goals and your willingness to spend money and risk a bad outcome. Take care, Jason
Hi Jason,
Thanks for your time and effort us.
Do you know any recent changes about asylum seekers?
Why Government is send the asylum seekers to Mexico?
Did they pass any new law?
I was reading a news “https://www.politifact.com/truth-o-meter/article/2019/jan/23/examining-republican-proposal-change-us-asylum-sys/”
Do you know anything about it?
If they could pass the bill then there should be no immigration court for denial case from USCIS, right? Do it going to affect all the backlogs case?
Thanks
David
There is no change in the law, and given that the House is now Democratic, I doubt there will be any change that is purely punitive. The “wait in Mexico” policy is a change in policy, and it only applies to people arriving at the US/Mexican border who are asking for asylum. I do not know the status of court challenges against the policy, but I think there are some. If you are already in the US, this change does not affect you. Take care, Jason
Hello Jason,
I have pending asylum application I have plan to marriage with us citizen, but she has bad credit score and collection history in her recorde. does this cause issue for my adjustment status?
regards
I doubt that would be an issue, as long as the marriage is real. I would make sure to have good evidence in the case, so USCIS does not think she married you in exchange for a payment. Take care, Jason
Hi Jason,
Can the asylum office issues decision (especially recommended approval if not final approval) after submission of genuine request with strong evidence for the expedited decision if background check is not completed?
thank you
They probably could, but I do not know that they would. I suppose there is no harm in asking for an expedited decision. Include evidence about why you need to expedite (a doctor’s letter, for example). Take care, Jason
Hi Jason,
Thanks for all your help through this website. I have a quick question, I want to add my husband to my pending (4years) asylum case. I reached out to my local office (Boston) and they gave me a list of things I need to submit. They want me to send 2 copies of amended Form I-589 so my question is am I supposed to fill the form I-589 or is my husband supposed to fill it? Please let me know!
Thanks again!
It is a bureaucratic mess to add a spouse, at least in my local office. Boston may have different rules, and so I am not sure. I believe for our office, we submit a copy of the original I-589 and then the spouse submits their own signed page 9 (plus the other documents like marriage certificate and passport). In your case, I am not quite sure what they want – maybe a new I-589 by you, amended to include your husband’s info? He, as the dependent, would generally not submit an I-589 of his own, unless there is some rule to that effect in Boston. Take care, Jason
Hi Jason my case send to Headquarters for final review it’s 19 mounts that I’m waiting for interview decision can I go in person to headquarters office to ask about my decision?
I think there is no way to do that – it is not open to the public. Probably, your only real option, aside from waiting, is to file a mandamus. We wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
Thanks for your usual support. I have a quick question. Have you ever been a situation where the asylum office request resubmission of all documents plus the application form after asylum?
I had my interview about a month ago, however, I received a letter from the asylum office that I should resubmit the application form and all supporting documents. Have you ever been in this situation before? If no, what do you think might have happened to the documents I submitted? and do you think they can reschedule another interview for me? I am confused because, during the interview, the asylum officer came along with all my documents. It’s strange that they lost all my documents just within a month.
It is very common that the asylum office loses my documents, but that has only happened before an interview. My guess is that they lost your paper file. They should still have the computer notes, and so hopefully, you do not need another interview. There is not much you can do, just submit whatever documents you have. Take care, Jason
Hi Jason. Once I read this news I tried to check my case online but the website & application says ” invalid receipt number ”. My case starts with ZNY and I don’t know what to do next. This receipt number is what USCIS gave me in 2017.
Thanks
There seems to be some issues with the system, but assuming you have your receipt and EAD, you are probably fine. I suppose you can contact the asylum office directly so that you can ask about the problem – the best way may be to go in person if you can. Take care, Jason
Dear Jason,
Does going to the asylum office and making an inquiry once a month negatively affects my case? I have been waiting 4 months for a decision in the Arlington office and is frustrating that there is nothing I can do. So making inquiries give me peace of mind. Is this ok? Or you advice against it.
I doubt it negatively affects your case, but I do think it is a waste of time. I also think it is better for “the system” if people do not make such frequent inquiries, as that takes asylum office time. We try to do inquiries only once every 4 to 6 months, but that is mostly because the clients want them. In almost all cases, I think such inquiries do not make the case any faster. However, I certainly do agree that it is very frustrating to be stuck waiting for a decision when there is basically nothing you can do to make the asylum office do its job. Take care, Jason
Hello Jason,
I’m the primary applicant of my case and have 3 dependents, I can see the status of my case online when I enter the Z number but get a Validation Error when I enter my dependent numbers, it says receipt number entered can not be recognized, is this due to they are dependents applicants and follow my case status?
Thank you for your help..
It seems that the system does not recognize dependents, but they are tied to the main case, and so whatever info is available for the principal applicant also applies to the dependents. Take care, Jason
Hello Jason,
Thank you for always helping people and for replying to my concerns.
Same for us, after my wife (who has her own case number) becomes my dependent (given a second case number after biometrics), none of the two case number works in the website except mine. The message reads “The next step in your application is an in-person interview…”
I want to know once I bring my dependent to the interview, will we be interviewed Together – in the same room at the same time, or will it be physically Separated in a different room or time? I am hoping it is done together.
Thank you very much.
People are normally not interviewed together. One of you is the principal, and the other is the dependent. They usually give a long interview to the principal applicant and the dependent only answers some basic questions that they ask everyone (are you a criminal? Are you a terrorist? Etc.). However, they can ask substantive questions to the dependent as well, so that person should be prepared to answer. Take care, Jason
Thank you very much Jason.
Hi. When a family of a Asylee grants i730 in their country and gets usa visa then is there time frame to come usa?
I forget the time frame, but they have to use the visa within a certain period of time, or it will expire. I think it is a few months. Take care, Jason
Hi Jason
If the massage of check statue reads (decision is pending) and the clock stopped 16 days ago .what does that mean?
Unless it actually says that the clock stopped, I doubt that the clock has stopped – there seems to be a problem for the system to update the number of days on the clock. Otherwise, I guess it just means that the case is pending. Take care, Jason
Hi Jason
thanks for this great forum.
I was granted asylum before a year half, and applied for green card and am waiting . My question is
1.can I invite my father (he is in the late 60’s) to visit me before I get my green card.
2. if he apply by himself does my asylee status affect his visa application/decision
3. does it matter if I wait till I get my green card
Thanks
1 – You can invite him, but that does not do much. He still needs to apply for a visa. There is no formal process to invite someone. You are just requesting that the embassy issue a visa. 2 – Your status could affect him, but this is more of a problem for spouses and children, and not parents. 3 – Probably not. Once you are a citizen, you can file a petition for him to get a green card, but that is some ways off. Take care, Jason
Dear Jason! One year after I moved to the USA, I found myself in an absolutely crazy situation. I live in Brooklyn. I share the apartment with other people. In Sep a new mate PP, a girl from Chicago moved in. She shared the horrors she and black people suffered from what she called racist Chicago police who killed innocent black people on the regular basis. I really believed in that and was sorry about her destiny. We became good mates. But with times went she became rude. Not only with me, but with almost every person in the place.
Two months ago PP started to argue with me with no rational base at all. She got really close to me while I was sitting in the coach and working on my project. After I asked her to get out of me, she punched me in the face two times. After I stood up she went to the kitchen took the hot frying pan and tried to hit me with while saying what would you do? would you punch me back? I haven’t been punched for decades and never by a woman. And also I couldn’t even imagine punching female. That’s the culture I have risen in. PP saw I was completely stuck and shocked. She just laughed on that and tried to punch me again and again. Thank God, another female mate (btw also a black woman) stopped the assault. PP immediately left the apartment. I saw her walking around the building. Later I learn why. She was watching if police appear to avoid the arrest. But I wasn’t about to call 911 at all. I didn’t want to start my life in the US with such a story. I moved here to live a productive life, not to complain and bring charges against others. I went to the hospital because there were the signs of the concussion. After I had signed in, I learnt that medical personnel should report to the police. So to get medical assistance I should lie to the police as soon as I didn’t want to bring a charge against her. I decided not to lie and just left.
She appeared early morning. She show no signs of regrets. Since that story, I kept as the huge distance from her as possible. I’m not the only one who was assaulted by her. In one case she got arrested.
Several days ago I and another female mate who lived with PP in the same room were back home together. Except for a half a minute she went into the room to dress off a coat, we spent together in the living room. But several minutes later the police came following the report by PP. The policemen didn’t say clearly what is the charge. They just asked that female mate what did happen between you and PP? I and the lady were frustrated. Police took away the lady. Later she was released with a protection order to not to get close to PP. She told me, that the charge was like she threatened PP with the knife in the room. It’s absolutely non sense. If the police clearly pronounced what is the charge I could provide my witness that we came back home together and spend almost every minutes together in the living room! There was no time gap to argue and threats! PP just villainously fake the charge to kick her off the apartment! By the meantime, PP doesn’t pay the rent!
Now we all are afraid who will be the next victim of PP. Btw we cannot find one knife from the kitchen which no one took as I learnt from everyone expect PP. We are pretty much sure PP will bring another fake charge. Like another mate threatens her with the knife she is keeping with her for the right moment. Or even something worse. Most likely it will be against me. Which I don’t want for millions of reasons. Including because I’m waiting for the interview with USCIS. I would fly away from this apartment. But I can’t because of the lack of money and the time limits with my documentary that I’m reliable to make the premiere at the annual conference.
I understand that my comment is taking a lot of your time. Sorry about that. I couldn’t find a better idea than to ask your advice on what I can I do to protect myself of the villainous intentions of PP. Maybe I can have protection order because she assaulted me in mid-Nov? Thank you in advance for your reply! best wishes, MA.
If you get a charge against you, even a false charge, it could affect any case you may have with USCIS. I really can’t give advice about the situation or what you should do, but it seems to me that you should do everything you can to extricate yourself so there is no charge – false or otherwise – against you. Take care, Jason
I wonder why you did not report her to the police when she assaulted you?
Well, you do not want to be on the defensive when it’s your turn again.
If I were you, I would find a way out of that setting.
Good luck.
Hi Mr. Jason:
If a country condition becomes good ( country like Afghanistan) and peace comes, will pending aslyums from Afghanistan will be denied or what ?
There is one issue that it is very difficult to predict peace in such country since there are many problems in the country. How do you analyze such issue in your respected experience?
Country conditions do affect the likelihood that a person could be granted asylum. However, things tend to change slowly, and a fear of persecution does not disappear just because warring parties sign a peace agreement. An example is Nepal. The guerillas and the government reached a peace agreement in 2006 (if I remember correctly), but cases continued for years afterward, as the situation on the ground was not really safe. And there are still cases today, as some people do not feel safe there. I imagine if there is peace with the Taliban, many Afghans will still be unable to return, as there are lots of extremists and all sorts of factions, and so sadly, I doubt Afghanistan will be safe any time soon. Take care, Jason
Jason, and what about for people who were already granted asylum?
Once you have the GC, you are safe, even if country conditions get better. This is a main reason to apply for the GC. Take care, Jason
I feel your concern as I am on the same boat waiting for a decision. Think about two things: 1) if peace happens (which I really hope it does so innocent people are not being killed anymore), Taliban will be part of government eventually as it sounds. In your case seeking asylum from Taliban, you were already escaping from them as a militant group. If they are part of govt, there is more likely a chance that they can torture or kill you without any consequences. I can explain more but hopefully my point is delivered 2) US is not the only country that you will look to be safe; there are countries that would have a better understanding of your situation if worse case scenario comes.
Good luck waiting! Do not let news affect your life and performance. Enjoy the ride and all will be good!
Hi Jason,
I had my asylum interview 1.5 months ago. The officer told me not to expect an answer with the first 2 months since the background check for me would take a while. The office that I applied to is Chicago and the decision is still pending.
My questions is If I move to California what would happen to my case? Which office would have jurisdiction over it?
Thanks,
I am also in the same office, still waiting for my interview to be scheduled. Can I ask you when did you apply ?
Hi Bob,
I applied in January 2017. Then suddenly I was called for the interview despite the backlog and new LIFO system.
Normally, Chicago would keep the case and make the decision. However, if you move to CA and they need a second interview, that would take place at the new office in CA. Take care, Jason
Thanks Jason. I appreciate your help and support.
Hello Jason,
Personally, I do not see anything new USCIS tells us about our cases as they only put online what we already know. However, it is worth it just for those who would like to know about their clock. As for those whose cases have been pending for several years, I don’t see how useful this could be as they don’t tell us much.
I have some questions though. 1. What happen to someone whose asylum case has been denied but has another application pending with USCIS like U Visa application? Can such a person be deported before his/her U Visa application is decided? 2. If your application has been pending decision for more than 2 years and you were fingerprinted the day of the interview, should such a person expect another fingerprinting notice before his case is decided or USCIS could still run the old one even after two years?
Stay Blessed!!!
I think it provides evidence that your case is still active, and for some, that is helpful. 1 – You should be able to check each case individually based on the receipt number, and the system should give you the status of each case. Normally, if you have a U visa pending, you would not be deported during that period, but they are being tougher on such cases, so maybe that is possible. 2 – Sometimes, people do seem to get another fingerprint appointment; other times, no. I do not know why and it seems inconsistent to me, but I am not keeping careful track of who gets printed and who doesn’t, so maybe there is a reason for it. Take care, Jason
Hello respected Jason,
I am an afghan and have applied for the asylum. My family migrated to Pakistan due to Russia interference in Afghanistan. I was born in Pakistan. However, in 2015, we moved back to Afghanistan due to growing hatred and hostility towards Afghans in Pakistan by Pakistan govt and the local communities. Since I lived in Pakistan for long time, do you think USCIS will do background on me in Pakistan as well despite I do not have Pakistan citizenship. Thank you so much
I think they will check your background for every place that you lived. Also, for your case, you may want to include evidence that you have no lawful status to live in Pakistan or that it is not safe for you in Pakistan. If the asylum officer thinks you can live legally in Pakistan, that is a basis to deny an asylum case from Afghanistan (because you have somewhere else you can live safely). Take care, Jason
Respected Jason,
Thank you so much. Do you think 2 or 3 days visit to any country also triggers another background in the visiting country?
It may depend on the country, but I really do not know. Normally, the asylum officer wants to know any country you have ever visited in your life. Take care, Jason
Mr. Shahid I am an Afghan too and I used to live in a third country before moving into the US few years ago. I was granted asylum. My asylum application was delayed for almost a year because the USCIS was in the process of checking my checking my background in the the third country where I had lived for years before coming into the USA. During my asylum interview I was asked why I did not apply for asylum in the third country. In my case that particular country is not a party to the UN conventions on refugees. The fact that you were born in Pakistan does not make you a citizen of Pakistan. Since you moved back to Afghanistan before coming to the US you may not be considered an Afghan refugee settled in a third country.
I would strongly urge you to seek the help of an attorney who knows about TRIG when you are filling your application. All the best.
Hello Jason!
I entered the United States legally and then applied for asylum, i have been waiting for my interview for more than 3 years now, and my fiancée and i are about to get married(she’s a us citizen), my question is,1) do you need to abandon my asylum application before applying for the greencard through marriage or i should wait to get my greencard before abandoning
2) will i need to leave the usa or i can just apply for adjustment of status, my asylum is still pending
Thank you
1 – I normally recommend that people wait until they have the green card – I wrote about this topic on August 8, 2018. 2 – If you entered lawfully (with a visa), and she is a US citizen, you can probably get the GC without leaving the US. There are some exceptions to this rule, so maybe talk to a lawyer to be sure. Take care, Jason
Hello, Jason, I have a question about asylum interview. Do they ask questions about visa application? Reason why I’m asking, in my visa application I did’t put that I was detained by police at a rally(because I wasn’t properly arrested, and they didn’t give me a police report), can officer ask me this question at the interview? Or have they ever asked similar questions to your clients?
They can ask such questions, and you should be prepared to explain (as you did here). So you know, even if you lied on the visa application, you are not blocked from asylum, as they basically forgive such lies when the person is fleeing for her life. The relevant case is called Matter of Pula. If you have a lawyer, you should talk about this with your lawyer, so you are prepared to answer if and when the time comes. Take care, Jason
Hi Mr. Jason:
Greetings!
How long does it take to get EAD for the first time? I really have financial problems since I don’t have an income for more than a year. I applied on 15-Jan-2019 for it.
Regards,
Hi Jason,
Thank you for always helping people and for advising us previously. My spouse and I are still pending interview and have just received our W2 tax forms. We are completely new to this and have no knowledge on where and how to go about filing our taxes. Our combined income earned for on and off short term jobs is also below the threshold amount that is required for filing. We need your advise on how to go about this for people in our situation and if it is below the threshold, are we are required to file our taxes or report our earnings to anyone at all? Thank you very much in advance and hope to hear from you soon.
I do not know a lot about taxes – even my own. It is worthwhile to make sure this is in order, however, as not paying taxes when you are supposed to could have a negative affect on an immigration case. Many areas offer free help to low income people, often at the local library – maybe try contacting your library to see if they have such a service or can refer you. Otherwise, talk to a tax service like H&R Block. Take care, Jason
I have seen cases where it is only taking about a month, but 2 or 3 months may still be more normal in most places. Take care, Jason
Hi,
I applied on Jan 2 for the EAD. I got an approval notice yesterday 29. Hope it helps.
Best
I HAD ENTERED MY NUMBER AND IT WORKS BUT MY ISSUE IS THAT I HAVE CHANGED MY ADDRESS ONLINE AND IT SAYS As of October 9, 2018, your request to change your address, referral number C**************AR, is currently not assigned for processing.
WHAT THIS MEANS , I AM REALLY WORRIED AS I DON’T HAVE A LAYWER AND FILE EVERYTHING BY MYSELF !!
THANKS IN ADVANCE
I do not know what it means. I suggest you call USCIS and ask directly – you can find their phone number at http://www.uscis.gov. Take care, Jason
THANKS for you quick response ,, i will give them a call
if anyone had the same issues after changing their address ,, can you please let me know ,, just to get some relief until know what is going on !
I had my Interview and at the end of it the officer said to me the decision will be mailed and she explained more that if it’s a referral I will have a second chance to represent my claim.
Is it a routine normal thing or Is it a negative sign?
Appreciate your help
That is normal – they explain the good and bad outcomes to everyone. Take care, Jason
Hi Jason
I want to make a request to expedite the decision of my asylum case based on severity of my medical condition. I am gravely ill due a serious medical issue which affects my studies and work. Do you think it is a legitimate reason to expedite the decision? Thank you
You can submit evidence of your medical conditions to the asylum office and request them to expedite the decision. It may work, but they do not have full control over when the decision is issued – it depends on the background check, which is performed by other agencies. In any event, there is no harm in asking. Good luck, Jason
Hi Jason ,
I applied for asylum and waiting for interview since 2 years , my company is willing to sponsor me for EB3 . I have the below questions and I appreciate your support:
1- Am I allowed to apply for PERM ( EB3) and if I get approved then to change my status to GC.
2- Some people saying the asylumees doesn’t have status in USA , So they have to travel outside US and do counselor processing, So is that the only way to change the status or it could be done here .
3- If I went for Conslour solution and travelled outside , is there a high probability to be denied or it should be easy since I’ll have PERM approval + I 140 ,
Please keep in mind that I applied my asylum during my B2 visa and I never stayed illegally at all .
Regards,
Ali
1 – You can apply for PERM, but unless you have some other status besides asylum pending, you would probably have to leave the US to get your GC. That may or may not be possible – talk to a lawyer. 2 – Most asylum seekers have to leave, but there are some exceptions – I wrote something about this on September 6, 2018. 3 – It depends on the case, and it is crucial to talk through the whole process (from where you are now until you have a GC) with a lawyer to make sure you are eligible and that you understand the risks. Take care, Jason
Hello Jason.
I am in the process of filing for work permit and while filling up the form I can across question 30 and it got me confused. Below is how it reads.
30. (c)(8) Eligibility Category. If you entered the eligibility
category (c)(8) in Item Number 27., have you EVER
been arrested for and/or convicted of any crime?
YES OR NO
NOTE: If you answered “Yes” to Item Number 30.,
refer to Special Filing Instructions for Those With
Pending Asylum Applications (c)(8) in the Required
Documentation section of the Form I-765 Instructions
for information about providing court dispositions.
My dear Jason what am I supposed to answer? Because in my asylum application I said I was unlawfully arrested and tortured.
Should I answer yes and attach the documents I sent with my asylum application ?
Or in this case they are talking about being arrested here in the USA?
Thanks Jason
Hi Jason,
Does the receipt number is different for an application of a marriage? I’m the main applicant and the last 2 digits are different from my husband number. I got the status case when I check online but with my husband’s number pops up an error message.
I have the same issue. I’m the main applicant and my wife’s ZAR number shows error.
Maybe it does not work for dependent’s cases, but I do not see why it shouldn’t. It sounds like other people had a similar experience, though. In any event, the dependent is eligible for the work permit on the same schedule as the main applicant, and so any info the dependent needs, is available by checking the main applicant’s receipt number. Take care, Jason
It is an unclear question. For our clients, we are saying “no”, it was not for a crime, but we circle the question and write a note – see cover letter. There, we explain about the arrest and include documentation. Take care, Jason
Hello Dear Jason,
My asylum cased was denied when I was in status. I went out of stats, so the DHS sent to me NTA before IJ. if I apply for asylum in the court can I get EAD?
regards
Yes, but if they referred your case to court, the “clock” should still be running and you should get credit for the time your case was with the asylum office. Call 800-898-7180 and enter your Alien number into the system. If you press 2 when instructed, you will hear the number of days that have elapsed on the clock. You should also be able to check this based on your receipt number, as described in the above article. If, for some reason, your asylum case was denied and somehow you got to court without having your asylum case referred, you can re-file for asylum in court and start the clock over. I would check the status of the clock now, so in case you need to start over, you can do that immediately. Take care, Jason
Hi Jason
I have question I told you week ago I got my ead card but there was a problem with it the name and vald date was the issue cause they wrote it wrong so I called them like you told me and they said i should sent back the card to fix it and I sent it for them this week , so my question is how long could it take it to fix it and send it back because I don’t have enough money to eat and live I need to work as soon as possible so what do you think
Thank you very match for helping us my brother
Same thing happened to me, I’ve sent mine out over 2months have not received anything yet. I check online it’s just been reviewed 01/15….. my advise is if you have a copy of it you can use that for employment. What I did in my own case was get my drivers license with it(Name was written the right way on drivers license) then also took it to my employer before sending it back to them.
Thank you for your reply but the problem is I don’t have licensed and I couldn’t get one because I’m out of the status i don’t know man I’m so dispersed i watited for ead 6 months to work now I couldn’t do anything .
If you have a couple will advise you give it a try wherever you want to work as well as at dmv. There is no harm in trying, let the know they can verify if they want to. Also uscis told me the no won’t change, so that’s the same no I’m using in tracking it. Also pray it comes quickly, that works as well. Goodluck.
Copy*
Thank you brother for help I will try but I’m now in Indiana I want move to Texas for work I hope I can got the job because the boss told me I didn’t come in next month I will lose it I’m so sad
how do you check it online please
You can use your receipt number from your asylum receipt (the receipt number starts with the letter Z) and enter it into the Check Case Status page at http://www.uscis.gov. Take care, Jason
Hopefully, it won’t take too long, but I have not done that in awhile and I do not know. If you hear nothing in a month, maybe try calling them again or making an Info Pass appointment. So you know, if you are an asylum seeker and you work without an EAD, it does not affect your asylum case. It could affect other applications for immigration benefits, but not asylum. Take care, Jason
Does the government shutdown has affect mailing the asylum decision?
If it is a referral decision they won’t send it until the government reopening?
I know that courts are not working during the shutdown
Thank you
I do not think so, but I am not sure. Fortunately, we have not had any asylum cases referred during the shutdown. My understanding is that the asylum office is operating normally (that is what they told us), but I was wondering about this question myself. Take care, Jason
Thanks 🙏 Jason
If someone heard if they still mailing the referrals decision during the government shutdown please tell me
Thank you
I wish to know too. Your theory sounds right at some level.
Hi Jason,
Do you represent asylum cases in Miami? I am not happy with my current lawyer. I asked him a question 1 month ago and have not received any response from him. My attorney has offices all over the us and I thought he would be good. He charged me $21,000 which covers asylum interview and IJ court hearing. I am paying this money in installments. It is very frustrating when you’re being ignored by the attorney whom I’m paying so much money. What is the best advise you can give? I saw your blogs after I hired that attorney and I regret it.
Also I’ve already had my asylum interview and the attorney did accompany me for the interview.
Thank you,
RC
RC, $21,000 sounds like a lot to me- to say the least. I wouldn’t use a lawyer who wants to charge me $21,000 for a an asylum case. I could understand if the lawyer was in New York or California where real estate is everything! Even so, this $21k would be stretching it. My God, why would someone charge an asylum seeker (a person seeking humanitarian relief who sometimes flee his/her country with only his/her clothes on his/her back) $21,000 for an asylum case?
Say you charge $11,000 for the court case. Fine. But $10,000 for the interview and preparation for the case? Outrageous!
If I knew you before I would have told you to come to New York and find a non-profit organization that would have gladly taken your case for free (provided that you can demonstrate to them that you are likely a refugee).
I was promised by the attorney that he would win the case for me although he said that it is a hard case but winnable. He has 7 offices in different US states and I read his reviews online and most of them were positive. I went into a payment plan with him with monthly payments of $500 to pay off his fees. Every second day I email his secretary to get an answer to my questions but I do not receive any response. He does not have any office in Florida. The closest office is in Atlanta and I actually drove down there to meet him first time.
RC, I am not an attorney but I don’t think a lawyer should promise you that he is going to win your case, especially if the case is a hard case as the lawyer claimed. To me, that sounds like a sales tactic and as such I wouldn’t feel comfortable with that lawyer. What the lawyer should instead tell you is that he will do everything he can to win your case, notwithstanding the difficulty. He should also prepare you for the possibility of losing the case. The only way he can promise you a win is if he has some kind of “inside dealings”.
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Second, I have learned that online reviews, though can be used a guide, should never be trusted. As a strategy, I usually go straight to the 3 and 4 stars as these ratings tend to have the most honest reviews (this is not to say that people don’t genuinely give 5, 1 and 2-star ratings).
Atlanta is not necessarily an expensive place to live so I can’t understand why he would be charging you $21k for your case.
I am probably overreacting but I am a shocked!
Since you are filing affirmatively, I hope you win at the asylum office so you don’t have to deal with him again and save yourself 10 or 15k.
Doesn’t sound like a lawyer to me. Sounds like a con man with a briefcase full of legal journals. Does he wear expensive blazers?
It is actually unethical for a lawyer to promise to win the case. Since the lawyer does not decide the case, he or she cannot make such a promise, and doing so probably violates the rules of ethics that all lawyers must follow. Take care, Jason
It is pretty high – I wrote something about this on here: https://www.asylumist.com/2016/03/02/how-much-should-i-pay-for-an-asylum-lawyer/. Take care, Jason
This article is really an eye opener for me. I literally feel like a complete fool. I’m really heartbroken and feel cheated.
It is very possible that you were not cheated. However, it is true that many people who come here do get ripped off by lawyers who care far ore about money than helping. In any event, hopefully you can move forward in a positive way, and you may consider asking for a refund or making a complaint to the bar association. Take care, Jason
If you change lawyers, you are only required to pay for work that has already been done. If you have a court case, you are probably better off with a local lawyer, as the locals know the judges better. You might try http://www.aila.org to look for a new lawyer. If you do not find a local lawyer, I could potentially do the case in Miami, but the first step would be a consult. If you would like that, you can email me at jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason! I have a court case but I am in Ohio, Cleveland, do you think you can take it,I want you to help me if you can, or if not you can suggest me a trusted local lawyer.
It is usually better (and less expensive) to use a local lawyer. I do not know anyone there, but you can check http://www.aila.org – it is a good starting place to find a lawyer. Take care, Jason
I am trying to check my case status everyday and it’s telling me the same sorry everyday which is ” The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock. Your case has been pending with USCIS for 932 days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete. For more information, please see the USCIS website.” I am checking this status for last 4/5 days and the case pending is for 932 days. I don’t know how accurate this information is?
Thanks again
David
Everyone seems to have this problem. I think it is just not updating. In any event, since 180+ days have passed, you are eligible for the work permit. Take care, Jason
Hello Jason ,
When submitting the supporting documents and statements , should it be mailed or can it be personally dropped off ?
Thank you ,
You can mail it. If you do, make sure you send it by certified mail and keep evidence that you mailed it. If possible, it is better to file it by hand. Bring an extra copy of the document packet and the asylum office will stamp it. This will prove that you filed it. Take care, Jason
Jason,
I am sharing the status of my case. The response I receive on the new online system is not one of the responses you have listed above. I am similar to your 5 years client. I filed my case 6 years ago. Conducted three interviews. Last one was 4 months ago. Here is what I found:
****quote stats*****
“Your application with USCIS is still pending.
You must have an application pending for at least 150 days before you can ………………etc
Your case has been pending with USCIS for 1907 days, not including delays, and the USCIS portion of the EAD Clock is currently running.”
*****quote ends******
However, this 1907 number is not changing since I started checking the case since 2 weeks.
Not sure what does “still pending” mean. To me, it sounds like they threw it inside the drawer of the limbo cases. To me, they did not, they are not, and they will not take a decision.
Is there any added interpretation you might add. (Regardless of the extreme short displayed response text)?
Unfortunately, as far as I know, there is no more information available about the various messages. Also, as far as I know, USCIS has not done an announcement about this. My guess is that the “days pending” is the number of days pending when the system went live, and it is not yet updating. Hopefully, that will happen soon. I will email my contact about this issue, but I would be surprised if they did not already know. Hopefully, USCIS will officially announce the new system and give some more explanation at that time. As for your case, you might consider a mandamus lawsuit – We wrote about that on October 2, 2018. Take care, Jason
I came here under J1 Visa with 2 years home residency requirement and had the interview for the asylum one year ago. As you know that USCIS handle F1 visa while state department handles J1 visa. Do you think USCIS needs to consult the state department for the approval/denial of my asylum case? Or USCIS have the jurisdiction to approve/deny asylum, unlike J1 visa waiver?
thank you
I do not think the State Department needs to be involved in the case. However, I have noticed that the Asylum Office seems reluctant to grant asylum to J-1 people. That said, I think in the end, every J-1 asylum seeker’s case we had was granted (or we are still waiting for a decision). The reason for this is that J-1 people tend to have jobs that get them into trouble – journalist, women’s rights advocate, etc. So while you may see delay, you should have a chance of a positive outcome. Take care, Jason
Hello Jason,
Can you elaborate a little bit about J1 asylum cases. My case has been pending decision for 16 months after interview and there is no update yet. I had J1 status when I applied.
I am not sure what else to say about that – such cases are treated as all other asylum cases. If you win asylum, the two year home residency requirement no longer applies and you can apply for a GC in the same way as other asylees. Take care, Jason
What does application still pending mean? I have seen the ‘ next step is an interview’ , ‘ interview pending’ and other notifications but what stage is ‘application still pending’ as this message does not seem as common as the other messages?
Good question – I do not know. I did not see that message for the cases I checked. If I learn anything more, I will post it here. Take care, Jason
I was interviewed 15 months ago but the system does not show “Decision Pending” but shows “Application Pending” on the case status page. I believe that is related to Background Check, more specifically to CARRP, but this is just my opinion.
The problem is that their messages are a bit cryptic – what is the difference between “application pending” and “decision pending”? I really do not know. Take care, Jason
Dear Mr Respected Jason:
Actually, my problem seems a kind of worrisome to me. I should have filled my EAD at 11 of January 2019, but I filled it in 15th of January 2019, just to me more sure about 150 days.
Now, when I checked my status yesterday, it was mentioned 149 days about EAD clock( it is like 163 days that my application is pending). Today, I checked the status again, it is still 149 days with no changes, I am more worried that what if they deny my application for early filling. However, if they check the USCIC reciept attached in my application for EAD, they will understand that I am ok for filling.
I don’t know what to do at this case.
This seems to be a common problem. My guess it is a problem with the USCIS webpage and that you will be fine. I will inform USCIS about this, as several people have mentioned it. Take care, Jason
From where we can able to check the number of days pending.thanks in advance
When you type your receipt number into the system, the second paragraph should tell you how many days have elapsed on the Asylum Clock. Take care, Jason
Hey Jason!
I received my EAD renewal receipt yesterday, Now I wanna know if my EAD has been automatically be extended for 180 now or will it be extended until the current expiration date.
Thanks!
SEEKER 14, I am not Jason but I have some experience renewing my EAD.
If USCIS accepts your application for renewal of EAD- and assuming there is nothing wrong with your application- you should receive a receipt with information about automatic extension of the expiring EAD. The receipt extends your current, expiring EAD to an extra 180 days. Let’s say, for example, that your current EAD is valid through May 31, 2019. The extension begins on the date the EAD expires (May 31, 2019) and continues for up to 180 days (Sometime in November 2019) unless the renewal application is denied
Hope this explains it clearly for you.
Thanks a lot Jamie for that information!
When you received the receipt, it automatically extends your EAD by 180 days. I did a posting about that on January 25, 2017. At the bottom of the article are some links to government websites that discuss this. Take care, Jason
Dear Jason,
I checked for the first time last week and the clock was on 170 days. I checked yesterday and today and the 170 days hasnt updated anymore. Does it mean anything. It still says “decision is pending”.
Thanks for all your help
Yeah I’ve also noticed that. Ours is still at 140 days since last week.
This seems to be a common issue – The system is new, and so it may not be updating regularly. Presumably, you have already filed for your EAD. If you have trouble, let me know, but I suspect that this should be fine. Take care, Jason
Dear Jason,
I did not request an EAD through asylum but I am about to receive one based on my OPT. Do you think this has anything to do with it?
Thanks
I think it has nothing to do with your clock – these are separate issues and the clock not updating seems to be a common problem that is probably related to a glitch in the USCIS system. Take care, Jason
Hi Jason,
I would like to ask if you know about any kind of waiver for “12 months physical presence in USA after asylum grant” if someone is outside of USA for couple of months for study purpose / university during first 12 months? Thank you.
I do not know about that. The easy answer might be to just wait a few extra months until you have 12 months of physical presence. I have never had a client run into trouble because they spent time outside the US, but it is probably better to be safe than sorry, especially these days, where it seems the government is looking for ways to make life difficult. Take care, Jason
Ferew
Hello Jason
Let me thankyou a million from bottom of heart what you are doing for the people who are in constant stress and pressure regarding their fate.
Please continue what you are doing for humanity. Your contributions are very vital
I have some questions if you have time and are not repeated than you can answer as per your convenience
1. Can pending asylum seeker (with no EAD yet) only finger prints done, have any sort of health insurance and driving license? both are important
2. Are there any organizations who help seekers (whose case are pending) in the form of trainings? skill development etc?
1 – You can probably pay for health insurance, but as for public insurance, I do not know – if you contact your local chapter of Catholic Charities (most cities have an office), they may be able to help with info about public benefits. As for the license, you have to ask the DMV. In most cases, people who are in status can get a license, but if you are out of status, you probably cannot do that until you have the EAD. 2 – I did a post on September 22, 2016 with a link to non-profits that help asylum seekers. Maybe some provide the type of help you are seeking. Take care, Jason
you can take your biometrics letter , i94 with proof of address to the BMV office.I did it and i was issued a license
Hi Jason, I went to asylum interview one year ago and the decision in pending now. I came here with B2 visa and applied for asylum. I married with my finace who is us citizen. we filed all documents and waiting for marriage interview. does my pending asylum cause huge delay to get my GC through marriage?( I am from one of those ban counteries, but I have been here for five years) I’m considering to wthdrawl my asylum application after interview to avoid delay. have you had such case in your office?
thanks
I wrote about this issue on August 8, 2018 – maybe that post would help. Take care, Jason
Hi Jason, I have two questions:
I’m filling the i-765 form and question #25 says: “Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status category)” We filed in 2013 and we had the interview already in January 2018. with no decision yet. What do I need to write here to answer?
Also, do my kids needs to renew their EAD?, they are 14 and 7 yrs old, since the SS card says valid with employment authorization card only.
Thanks in advance for your help!
1 – I can’t answer specific questions, as I do not know your case. For our clients with asylum pending who have been interviewed, we generally just write “asylum pending”. 2 – Most people do not renew the EAD for young children, but that is up to you. Take care, Jason
It’s true that checking with the office is more informative, for instance, I get the “my decision is pending” message whenever I check online; when I check with the office I get the message “You are currently pending one or more mandatory security checks. Until all checks are completed, a decision can’t be finalized on your case”, the second message is more informative because I believe that the case is stuck in background check…
That is right, though I do not have a lot of confidence in the messages they send. Sometimes, they seem accurate; other times, they seem like a generic response they send out to many people. Take care, Jason
I tried using this site sometime last year, I entered my Alien number and the system said my number was not recognized. Has there been an update since then or is this a new discovery?
Yes – this is new. You have to enter your receipt number (starting with letter Z), not your alien number. Take care, Jason
Jason,
This is great progress. Thank you for the unlimited contribution asylum seeker community. Is there any way we can check the status of immigration court case status? I have checked on USCIS website, and it doesn’t tell court status. It would be great if you can give us some updates on Arlington Immigration Court.
Thank you
Except for non-detained cases, the courts are currently closed. You can check your case status by calling 800-898-7180 and entering your Alien number. It is a computer, and it will tell you your next hearing date, how much time is on the Asylum Clock, and some decision information. Take care, Jason
Hello Jason,
I applied for asylum in 2015, it seems they have sent me the confirmation letter but it got stolen. I went to the asylum office and they gave me another letter with my alien number, now I would like to find out how I can get that receipt number starting with letter Z
If the letter does not have the Z number, you probably need to return to the Asylum Office to ask for that. I know of no other way to get it. Take care, Jason