If you look at the most recent statistics from the Asylum Division, the likelihood of receiving asylum affirmatively is only about 27%, nation-wide. However, if you remove people from the mix who filed late, or who failed to appear for their interviews, the situation is better: Nearly half of such cases (49%) were approved.
The obvious lesson here is this: If you want to win asylum, file your application within one year of arriving in the United States and show up for your interview.
That’s the nation-wide picture, but when we look at data for the various Asylum Offices, things become less clear. Different Asylum Offices have very different denial rates for one-year bar cases (asylum seekers are required to file for asylum within one year of arriving in the United States or to meet an exception to the one-year rule; otherwise, they are barred from receiving asylum). The table below shows the likelihood that a particular Asylum Office will deny (or more politely, “refer”) an application for failure to timely file (the chart excludes cases where the applicant failed to appear for an interview):
| Asylum Office | Percentage of Cases Referred to Court for Failing to File Within One Year of Arrival |
| Arlington | 34.2% |
| Boston | 52.9% |
| Chicago | 13.2% |
| Houston | 13.8% |
| Los Angeles | 16.8% |
| Miami | 40.3% |
| Newark | 33.9% |
| New York | 53.6% |
| New Orleans | 27.3% |
| San Francisco | 20.6% |
| United States | 30.6% |
Why should the different offices be so different in terms of late-filing referrals? It seems to me that there are two possible explanations, broadly speaking: Either the Asylum Offices are responsible for the disparity, or the asylum seekers themselves are responsible.
The first possibility is that certain Asylum Offices are more aggressive than others about enforcing the one-year bar. I know this is the case with Immigration Judges. I am thinking of two IJs in my local court (two of my favorite IJs, by the way). I have presented several one-year bar cases to these judges. One almost invariably denies the asylum application based on the late filing (though in my cases, he granted other, lesser relief); the other looks to the “spirit” of the rule, and as long as the applicant did not have a bad intention (for example, to commit fraud), he usually excuses the late filing. It’s easier to see how this could happen with individual judges, rather than as an office-wide policy, but I suppose this is one possible explanation for the variability between Asylum Offices. If this is the correct explanation, then it makes sense for late filers to choose more friendly offices, such as Chicago or Houston, to file their cases (meaning, such people would have to live in the jurisdiction of these offices).
The other possible explanation is that the different offices are receiving different types of cases. Maybe asylum seekers in New York are too busy or too ill-informed to file their cases on time, while those in Houston have more free time, or are just more conscientious. To me, this seems a bit far-fetched (though I guess New Yorkers are pretty busy). Or maybe it has to do with the different populations served by each office. Maybe–for example–Chinese applicants are more likely to file within one year of arrival, since the Chinese community is well-aware of the one-year rule. In contrast, perhaps Central American applicants tend to arrive in the U.S. without an initial intention to seek asylum, but then decide later that they cannot return home, and in this way, they run afoul of the one-year bar. If LA has more Chinese applicants and New York has more Central Americans, perhaps this could explain the disparity. If (and its a big if) this explanation is correct, then it really doesn’t matter where you apply for asylum, as the different Asylum Offices are not responsible for the uneven one-year denial rates.
A third, hybrid explanation is that some Asylum Offices are cherry-picking their cases, and interviewing more one-year bar cases than timely-filed cases. We know, for example, that the Asylum Offices sent letters to asylum applicants who filed after 10 years in the U.S. and offered them an option to skip the interview and go directly to Immigration Court. If some offices, and not others, are deliberately selecting late-filed cases to interview, that could explain the disparity.
Frankly, I do not have much confidence in any of these explanations. But the disparity does exist and the fact is, some Asylum Offices are significantly more likely than others to deny asylum based on the one-year bar. So what can you do with this data? Does it mean that if you are filing after the one-year deadline, you should avoid Boston and New York, and instead file in Chicago, Houston or LA?
Given that it is difficult to draw a firm conclusion from the data, and given the severe consequences of filing late, the simple answer is to avoid the problem altogether by filing your asylum application on time. For those who miss the one-year deadline, it is important to prepare an explanation (with evidence) about why you filed late (I wrote about that here). This advice applies regardless of which office has your case. But I suppose the question here is: If you are filing late, should you move to a jurisdiction with an “easier” Asylum Office? (And remember, if you want your case heard by a certain office, you have to live within the jurisdiction of that office–you can check which office will adjudicate your case here).
I hate giving advice about where a person should live, but looking at the available data, it is impossible to say that a late-filer is not better off in one of the “easier” offices, like Chicago, Houston, LA or San Francisco. Obviously, there are other factors to consider–most people have to live where they have family support or a job. Also, in some instances, the one-year bar is easily overcome (for people who are still in status, for example) and so there is no reason to worry about which office has your case. But for those with more difficult one-year bar issues, it may make sense to “forum shop” and move someplace with an Asylum Office that is less likely to deny a late-filed application.
Thanks for your help Jason, you are the best!!!
Hi Jason, we weren’t in our right state of mind when we arrived because of the loss of our mother and by the time we wanted filing it was past one year. The lawyer we contacted said its too late. But now we just met a new lawyer and we explained reasons why we can’t go back because of family tradition which has to do with forcing my twin and I to get married to who we don’t want to ,series of traditional right and circumcision process from our dad’s family (our dad died first) .They don’t want to accept we have converted to Christians as well and that has always been an issue before our mum died. She died just a month before our arrival in the US and no sibling,laws against family traditionsor anyone to support us. Our only big sister has been in the UK with her family and that’s why she was able to escape the so called family traditions and also she wasn’t given marks because she is a UK citizen . My twin and I have tribal marks on our faces and feet and we know what the family members are capable of because they didn’t waste time to send us threats once we lost our mum. It’s going to be two years soon and we want to be sure of our chances . Is there any advice you can give us please?
The problems that you suffered may be accepted as an excuse for failing to file within one year, but the longer you wait, the less likely that excuse will work. Unless you have some strong evidence of how the past problems prevented you from filing on time, I think it will be difficult to overcome the one year bar (I wrote about this issue on January 18, 2018). Nevertheless, you certainly can try, and the more evidence you have, the better. Also, the sooner you file, the better. Even if you cannot overcome the one-year bar, you might still qualify for other, lesser relief in court. Take care, Jason
Hi Jason
That does make sense. I filed my case more than 1 year after arrival in Chicago. For 2 reasons, firstly I didn’t even know about “asylum”, forget about the one year bar. Secondly I was suffering from PTSD. I didn’t know about PTSD either but I was referred by my psychiatrist to a clinical social worker who informed me about asylum. Anyway, my initial application and interview was in Chicago and they did refer my case but not for the “one year bar”. Hence 1 year issue was never litigated. But I want to point out that some judges in Chicago are quite bad. My case was denied by the judge but reversed by BIA.
Hi Jason, thank you for your time that you spending to respond to our questions
Just wanted to know if your asylum can be approved without you going through the interview? Thanks
It cannot – the regulations require an in-person interview for asylum to be granted. Take care, Jason
Hi Jason,
Thank you for your support and invaluable resources. I do have two quick questions to ask: 1) Do I need to file i-693 along with i-485 or should I send it later? 2) How long does the LPR (i-485) approval process take?
Thank you
Noah
1 – Either way. I think the new rule is that if you submit the I-693 within 60 days of doing the exam, it will remain valid for 2 years, which should be enough time to get your GC (double check the instructions, as I am not 100% sure I remember the validity periods correctly). 2 – You can check processing times at http://www.uscis.gov, but I think lately for asylees getting their green cards, we have seen wait times of about a year or maybe a bit more. Take care, Jason
Hi Jason, how long does naturalization takes from the day of filing the n400? some say six months and some wait for years.
thank you
We did a bunch of them recently in VA and MD, and those took about 14 months. You can check the processing times at http://www.uscis.gov. Take care, Jason
Hello everyone, and thank you so much Jason for your support. Please Jason, do you have an idea of interview in New York Asylum..
Sorry, I do not – maybe someone else here does. Take care, Jason
Hello Jason,
Thanks for all the work you do. I filed for asylum on April 2017 and have not been scheduled for interview. My grandmother passed away in a third country while running from our country. I want to be present for her burial. Is it possible for me to apply for a travel document and exit the US for tge third country? Secondly, will I have difficulties re-entering the US if I am granted the document? Lastly do you recommend I leave the US or is it too risky. Thanks for your time.
You need Advance Parole – I wrote about that on September 11, 2017. To get it quickly, you need to get an appointment on an emergency basis with your local USCIS office. Unfortunately, that is not easy to do, but the first step is to call USCIS (the phone number can be found at http://www.uscis.gov), tell them that you need emergency AP, and see if they can help you and schedule an appointment for you. If you manage to get the AP document, it should be safe to travel to a third country and then return to the US, as long as the document is valid. I know of no case where the person had a valid AP and could not return to the US. Good luck, Jason
Hi JASON,
Hope your doing well.
1) Could you please tell me what should i do in this case,
From 2016 to 2018 July i hold Florida Driver License .
In 2017 February i went to Virginia and i got ticket for reckless driving and paid only the fine amount
$450. After that i went back to my home country in April 2017 ,now i hold Washington driver license
since July 2018 .
Am in a big trouble i went to apply for Uber and Lyft, But i didn’t clear the background check,
In background check they mentioned (Failure to complete Basic Driving Test 322.0261) for Reckless
driving .
Can you please tell me now can i able to write the test .
If yes in which state do i need to do this test.
2) I have done with my Asylum interview in Seattle Tukwila USCIS office in December-2018 .
During the time of interview i informed to the officer that i got the ticket for Reckless driving and i
submitted the fee receipt to her, so now my question is when they do background check this violation will
affect my case . Am worried about this.
i Appreciate your valuable response.
Thanks,
VJ
1 – I have no idea about this, sorry. 2 – Normally, a traffic offense such as reckless driving would not affect an asylum case. It may depend on the specifics of the conviction (for example if it involved a hit-and-run), but we have not seen such a conviction affect any of our asylum cases. Take care, Jason
Jason, I am just curious: Do know of any I-485 or N-400 application that was affected by a case like the one above?
For a reckless driving? I know of no case that was blocked (assuming we are not talking about hit-and-run or something like that). However, for all such cases, we get the disposition and submit it. In that sense, the cases are affected, since there is extra work to do, and this sometimes causes delay (from the client, from me, and/or from USCIS). Take care, Jason
Jason,thanks
Hello VJ! Did you hear anything back about your decision? Do you check your status online if yes does it say decision pending or something else? When did you go to your country? How did you make it back? I mean once you apply for asylum you can’t go to your country? I am sorry nothing personal but just curious. Thank you. C.
Hello Jason.
Thanks for all the hard work you’re putting in this website.
I had my asylum case recommended for approval, how long does it usually take for all the background checks to go through and final decision to be made? The case is in San Francisco office.
Hi Adam could you please share me your timeline, because I to completed my interview and my asylum office is SFO
There is no “normal” in terms of wait times. We have seen these take a few days, and at least one was stuck for many months (he finally left the US). The SF office is pretty good, though, and I expect most such cases are resolved in a few months. I would give them maybe 60 days, and if there is no news, make an inquiry. Take care, Jason
Well it’s been over 8 months now and we did send an inquiry a while ago but the answer was pretty much keep waiting. Is this a cause for concern and is there anything else we can do?
Thanks for your help.
You can file a mandamus case – we wrote about that on October 2, 2018. Otherwise, you can make inquiries every so often. There is not much else. Take care, Jason
Hello Jason, I have submited my asylum application almost 4 years ago and still wait for interview. Is it possible to cahnge my satement which is submited with my application before interview? would it cause problem during interview I do not want to change whole statement just one to change or eliminate some part of the statement.
Thank you
You can change the statement, but if the new statement conflicts with the old statement, you will need to explain why. Take care, Jason
does anyone know what is going on in Chicago office, do they interview backlogs? Did anyone got their interview from 2017?
I am not sure about their backlog cases, but they are moving pretty well through their LIFO cases – we have had a couple interviews recently. Probably, they are working on backlog cases too, but I do not know which cases. Maybe someone else can help with that. Take care, Jason
Hey Kate,
I got an interview from the Chicago office in December 2018. I applied in 2017. I think Chicago is interviewing the backlog cases since I applied before the new system.
Lemme know if you have any other question.
Can you tell me when did you apply, what month? Thank you a lot
I applied December 2017
I applied in March 2017 and had my interview Dec 2018. I am still waiting for the decision though.
Hope you get an interview date soon.
Hi
I also applied in jan 2017 no interview yet?
Dear Jason, Is this a fair statement that those who filed right before the LIFO starts should have to wait the longest time to get the interview done?
Thanks!
It probably depends on Asylum Office but in LA (Anaheim) I know a person who filed in November 2017 and was interviewed in December 2018.
In my local office (Virginia), that is probably correct (except for people who filed after LIFO who landed in the backlog). That is because Virginia is doing backlog cases from oldest to newest. In the LIFO announcement, they said that, if they had time after LIFO cases, they would do backlog cases from newest to oldest, and some offices may be following that pattern. So it may depend on where your case is located. Take care, Jason
Hello Jason,
Thank you for everything you have been doing to asylum community on this thread.
I have something to share, in 2016 I came to USA and 2017 got married to a US citizen which I don’t get the green card I through it cos they ask my wife to withdrew the case and she did due to some stuffs they told her. So I decided to file for asylum this year March 2019 cos I have ex wife family war waiting and threatening to kill me if I come back home. To my surprise I was to go for biometrics yesterday 4/8/2019 and got a mail from the Asylum office to come for my interview in the same office they ask my wife to wthdrew the case on the 4/25/2019.
My question is why is it this fast and do you suggest I go with a lawyer cos lawyer is been hard to get here in my city, I have tried to search for lawyer on AILA but didn’t get one.
Please help me out .
Thanks
Under the LIFO system, interviews can come very quickly. Whether there is any problem, I do not know – where I am, the asylum office is located at a different place from where USCIS is located (where people go for a marriage interview). Where you are, maybe they are in the same place. If not, maybe something is suspicious. It would not hurt to talk to a lawyer about this issue, and the case as well, though obviously there is not a lot of time to do additional work on the case since the interview is coming up (you can maybe delay the interview for a few weeks if need be). Take care, Jason
Hi JASON
I tried to google and find the answer to my question but did not succeed. Can asylum seeker buy presidential candidate merchandise on official presidential candidate websites?
As long as you don’t vote in the US when you are not allowed, you can do anything else to support a candidate, including buying their lovely merchandise. Take care, Jason
Hi Jason,
Could you please advise what is the latest asylum interview timeline in Newark office? Have you heard of anyone that has applied between January – August 2017 being interviewed? Thank you!
Newark actively schedules and conducts interviews for applicants applied in October 2017.
Atlanta. Are you sure of this plz??? Or just expecting or guessing.
Yes, I am sure 99%. As Jason said they are going fast and have progress on backlog cases.
Thanks ATKANTA! When was the interview for those applied in October ?
I have not heard that, but Newark is moving relatively quickly through its cases. Most (maybe all) cases we have filed there have been interviewed within a couple months under LIFO, and I suspect they are making some progress on backlogged cases, but I do not know where they are. Since they are moving, you might have a decent chance to expedite, if you want to try that – I wrote about expediting on March 30, 2017. Take care, Jason
Hello mr jason
I sent my application of green card i_ 485 with fee waiver (from asylum) on march 15th to Dallas and now almost 25 days still i didn’t receive any feedback or reply or any mail ..this normal or its delay ….also there is any possibility that my application could be lost in post …already as per tracking no its delivered on march 19th ….
It can take a month to get a receipt, so I would give it some more time. If you don’t have anything soon, you can call USCIS and inquire – the phone number can be found at http://www.uscis.gov. Worst case, you will have to file it all again with an explanation that the first filing disappeared. My guess is that you will get a receipt soon, especially since the tracking shows the case was received. Take care, Jason
Hello Jason ,
Please how long does it take to receive GC after application, today made it a year since I applied and whenever I check online it shows that it’s being transferred to Texas office. I’m confused at the long wait.
I think it depends on the basis for the application, but for asylees, we have been seeing GC cases take maybe 14 months. I think the processing times listed on http://www.uscis.gov show 13 to 31 months, or something like that. The transfer to TX is probably just a normal part of the processing, so I would not worry about that – at least it shows something is happening. Take care, Jason
Don’t worry you are not alone I applied for GC March 2018 in July 2018 was transferred from Nebraska to Texas and till now waiting
Hi Jason, I have pending asylum in court and my final hearing will be at the end of Agust. my wife is green card holder and she will apply for citizenship in next one and half year. can I ask the IJ to give me more time until my wife become citizen? If they offer me witholding of removal and I accept that, would be possible to apply for my green card after my wife get her citizenship status?( I came here with b2 visa)
thanks
You could try asking for more time – that may work, but if she cannot even apply for citizenship for 1+ years (and then wait another 1+ years for the case to be processed), I doubt the judge would give you that much time. If ultimately, you get WOR instead of asylum, once she is a citizen, you can try reopening the case to get your green card, but it would be better to not go through all this, since the judge may not agree to reopen the case. In short, given the time frame, you can ask for a delay, but I expect you will need to do your best to win the asylum case. Take care, Jason
Dear Jason:
Greetings!
One of my relatives, who has asylum pending application, applied for EAD renewal 2 March, 2019, unfortunately it is denied because of a minor mistake on 25 March, 2019. But they put a green letter on the package and mentioned that you resubmit the application, put the green letter as well. Also they sent the fee also back to me.
She replied on 27 of March, 2019 with correction, highlighted by them. Since that time, she never heard anything from them about my reciept. If She doesnt receive my reciept on time, She will loose my job. Her company is very strict about it, what should she do if she did not get the reciept on time. Can she go to Arlington office to check about it or wait ?
The receipt usually arrives in 3 or 4 weeks, but if she does not get it, all she can do is inform the employer that she filed to renew. I think she needs the receipt, and I do not think the asylum office can assist with that issue (they do not do EADs). If she paid by check, once the check is cashed, she can get a copy of it from the bank. On the back, USCIS will stamp a receipt number. She can use that to get evidence from http://www.uscis.gov that the renewal is pending. Otherwise, I do not know anything she can do to get the receipt faster. Take care, Jason
My husband applied for EAD renewal 8 weeks ago and have not received the receipt yet..and his licences expires soon
What should he do?
Normally, the receipt comes faster than that. If he paid by check, he can get a copy of the canceled check from the bank, and on the back, USCIS should have stamped the receipt number. Once you have that, you can contact USCIS about the receipt. Otherwise, he can try calling USCIS to inquire about the case using his name. If they never received the renewal application, I guess he needs to file again, but hopefully, you can talk to them and determine what happened. Take care, Jason
Thank you Jason
Can I apply for RTD again when the current one I have is still valid , but 6 months pass , as we know some country did not accept it should be valid for less than 6 months .?
Check the I-131 instructions, but I think you can do that – though, I believe you have to mail in the original RTD in order to get the new one, but check the instructions to be sure about that. Take care, Jason
Hello Jason,
my asylum case has been pending since 2015. I intend to married with my girl friend who is us citizen, but my big concern is that we have 14 years age gap and she is younger than me. do you the age gap would be issue during interview?( I mean they would seperate us for interview) we have many joint document such as rental agreement, joint bank account and……
thanks
The age gap can be a factor, but it is not a major factor – you can overcome that as long as you have sufficient evidence that the marriage is true. Take care, Jason
Hi Jason,
There are many things in my case which happened verbally. there are no written evidence in the form of country condition and newspapers etc. verbal persecution is very common and systematic in that country. I do not know how to prove it. is verbal persecution not a persecution?
thanks
Get letters from people who know about what happened. Country condition evidence is also important, as is evidence about you (school and work records, medical records, police reports, etc). I did a post on April 18, 2018 that might be helpful on these points. Take care, Jason
Hello Jason, thanks for helping answer questions here. I have a question. Is it okay if I use P.O.Box as my mailing address and an actual address for residential? The reason is I may move to two different places in a year and wouldn’t want to keep changing my mailing address. I don’t want to miss out on any mail especially for my asylum case. Thank you
You can use a PO Box – the I-589 has room for a physical address and a mailing address. Just make sure to check the PO Box regularly so you do not miss anything. Take care, Jason
Dear Jason and blog followers,
How will the change in leadership at Department of Homeland security affect the asylum seekers waiting for interview?
By itself, I think it will have no effect, but if someone else comes in, and makes changes to USCIS, that could have an effect. By the way, the person who will becoming the “acting” DHS secretary is supposedly pretty neutral and not ideological. We shall see. Take care, Jason
Dear Jason
My question is as follows: my friend wants ti appky for asylum based on the favt that she adopted christianity in America. She was an atheist back home. Her problem is that it has been almost 2 years since her arrival in this country and for about 1.5 years she is out of status. Can she still apply for asylum? I know that because she failed to apply before the 1 year limit but if she sends the application form to UcSis will they give her an interview date? Or will they reject it as soon as they get the application form and send to immigrayion court? The question is that she doesnt go back to her home country becauae she is now a christian and she thinks because of the islamization in her home country she can not live there. Although she missed the 1 year bar by a long time, will the total process after sending the application form by postal service to Ucsis last for 3 or 5 years with the appeals to board of imm8grayion appeals and also federal circuit court of appeals ?
ThNk you and take care
She can try to overcome the one year bar, for example, but showing that there was a change of circumstances (maybe her conversion to Christianity, or maybe something back home changed causing her to be unsafe). I wrote about the one-year bar on January 18, 2018. If she files, she will get an interview. That could occur a month or two after she files, or her case could land in the backlog, which could take months or years. If she loses and goes to court, that could take another couple years, and an appeal to the BIA probably takes less than a year. Take care, Jason
Thanks Jason. If the BIA rejects can we go to federal circuit court of appeals? How long does that take on average ?
You can go to the federal circuit court. Such cases probably take less than 6 months if you lose and more than a year if you win (since to win, you usually need to schedule an oral argument, which takes time). Having a case in federal court does not stop you from being deported (though you can ask the federal court to issue an order blocking your deportation) and your EAD will not be valid. Also, if you use a lawyer, such cases can be expensive, so you need to consider carefully whether such a case is worthwhile. Take care, Jason
Dear Jason
I understand that having a case in a federal circuit court does not stop deportation. However, having a case in regular immigration court or at BIA stop deportaction? Thanks and take care
If your case is pending before an Immigration Judge or the BIA, you cannot be deported (however, if the only thing pending is a Motion to Reopen your case, that would not stop you from being deported unless you requested a Stay of Removal). Take care, Jason
Hi Jason,
My parents migrated to country “A” from country “B” due to war more than 50 years ago. My parents were not allowed to work legally in the country “A “except in the labor market due to their refugee’s status. To save from employment discrimination and discrimination, my parents got citizenship of that country “A through unfair way which was very common that time. Subsequently, I acquired citizenship through my parents. According to country “A” law, children born to refugees are not entitled to the citizenship of country “A. Now the country “A have started revoking citizenship of those refugees who got citizenship by unfair way and prosecute them criminally. My parent does not have documentation to prove that they were genuine citizens of country “A”. Also, I am not eligible for the citizenship of country “A by birth as children born to refugees in the country “A are not eligible for the citizenship by birth. Now My parents fled country “A” to country B to avoid prosecution and imprisonment. I am extremely concerned that this will be counted as “negative” in my case and my case will be rejected although this is something my parents did wrongly decades year’s. I am a law-abiding citizen and have a clean history, but I do not know what explain to the asylum office so that it does not affect my case.
Thank you
I am not sure that I understand the situation fully. If you are seeking asylum from country A and country B, you would need to show that you face a well-founded fear of persecution in both places. I do not think your parents’ actions will be used against you, but I do think if you have citizenship in both places, you will need to explain why you have a fear of return to both places. If you think you will lose citizenship in country A, you will need to support that claim with evidence (news articles about people losing their citizenship, for example, and evidence that your parents got citizenship improperly). Take care, Jason
Dear Jason or Anybody here,
I sent my EAD renewal last month to Houston office but they sent it to Nabaraska Office. My question is My EAD and driving license is expiring this month on 20th of april. I know EAD has got the extension for six months on recipt notice but what about the driving license? Does the extension apply on texas driving license too? Or should I take the i797 to get the extension on my driving license? what do i do for driving license?
Thank you in advance.
If the license has expired, you have to go back to the DMV with the old EAD and the receipt to get them to extend it. Different DMVs have different policies about this, but if they refuse you, try to talk to a supervisor. Your EAD is valid for 6 months after the card’s expiration date, so there is no reason you are not eligible to extend your license. Take care, Jason
I really appreciate your reply n suggestion. Thanks again.
Sure i will. U too keep me updated.
I found my officer and my officer supervisors Linkedin. How bad would it be to add them on my network? Maybe its a dumb question but Im sick of waiting without any sign of a decision
Intrigued, I know you are frustrated and the anxiety is real. However, I feel like you searching for the officers and adding them on LinkedIn is a bit much. And, yes, it’s a dumb question, if you ask me.
Personally, I would not do that, as it is not appropriate to try to contact them through a back channel, but I really do not know how that might impact things. My guess is that they might decline the request, but I guess if they choose to add you, that is up to them. Also, they interview many people, so I doubt they would remember you if the case was three years ago. Besides that, many of them change jobs, so after three years, they may not even be in the same position. My preference would be to email the asylum office directly and ask for an update on the case, or at least try that before you try Linkedin. Take care, Jason
Hi Jason,
I just want to ask for your opinion. What is the chance of being granted asylum (FGM) in the tenth circuit (Houston Tx)? Do you know if cases like these are being granted?
Regards
Sorry, I actually meant fifth circuit not tenth
FGM is a basis for asylum anywhere in the US, so it depends on the case and the evidence. Make sure to include a report by a legitimate doctor if the person has already been subject to FGM. Take care, Jason
Hi Jason
I have a quick question
Its been more then three years since i have been waiting for my interview applied in Virginia!
I was single when i filled my asylum application its been few month since i married a girl she is in my country! In our culture marriage can happen in absent of boy- they are working on marriage certificate!
Can i go and include her name in my application and by the time i got my interview can I bring this changes -?
You can add her to your I-589 at the interview. Before the interview (at least one week before), you can add additional evidence – the marriage certificate and other evidence of the marriage. Then, if you win, you should be able to file to bring her to the US. If she can come to the US before then, she could be attached to your case and you could get her a work permit. If she wants to try to get a US visa, that may be easier before she is legally married to you. Take care, Jason
Thank you so much-
Adding spouce a week before interview!
You mean i should go in person to asylum office!
Or there any online way
Please clear this too?
Thank you
If your spouse is outside the US, all you need to do is submit the marriage certificate, evidence of the marriage, and an updated page 2 of the I-589 form. If your spouse is in the US, I think the I-589 instructions (available at http://www.uscis.gov) tell you how to add a spouse. Otherwise, you can contact the Asylum Office to ask (by email or in person). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I returned to the US in fall of 2018 with my intentions to file for asylum; immediately I found a lawyer, he did the application and sent it in December. In January I did my bio and my interview is later this month. We were both surprised it would be this quick considering how many stories I have read about persons waiting 4 to 5 years for an interview. My lawyer made it clear to me when I expressed my intentions, this could be a long process and he had clients who gave up.
So far, I am lucky/blessed and its partly due to financial resources. I don’t know how persons come here with nothing, no place to live or legal resource sufficient enough to start the process. It has cost me significantly too, but I think its worth it for the life I want to live without fear or repercussion (filing as belonging to a social group – gay).
Why would persons wait to file for so long?
1. The person considering asylum might say, I don’t have thousands to pay a lawyer, even installments.
2. Living situation is unstable, its amazing how much this thing called having an address is important.
3. The wait, its still a long road ahead, but man, 6 months can feel like 6 years.
4. You don’t feel like you even have a chance and you procrastinate. This in particular for me is an issue at an extreme circumstance. I have travelled back and forth to the US for the past 12 years as an adult. So, I am wondering how this might affect the outcome of the interview the ability of the adjudicator to understand my personal circumstance.
I am still at the beginning of this journey and I don’t now how things will turn out, but I hope for the best. It’s the only thing you can do and I say that with a lot of anxiety coursing through my body. At the same time, I am trying to live the life I want to live while waiting to see if this future I am trying to self actualize become permanent.
Thanks for this amazing resource.
Good luck with the interview. My one comment is that if you traveled to the US (or any “safe” country) and then returned to your country, you will need to explain why you went back. In other words, why did you not seek asylum on a prior trip and instead return to the place where you fear harm. We see this a lot, and it is usually possible to explain, but it is important that you actually give an explanation, as they often ask about return trips. Take care, Jason
Very good point about why I have gone back each time. My lawyer has brought it up each time and he has been very serious about me needing to provide a valid reason for this.
The best way I can articulate it is, the first time I returned to the US was as an adult at age 23, my first time visiting the US was age 15. At the time, I never had a clue about asylum and that being an option I could consider.
Subsequent trips, even when I did know about asylum being an option, the process sounded daunting, complex and even then, I started to feel that my multiple return trips already prejudiced me. Each time I returned to my home country, I always I went back into the closet. But what I want to articulate now is, I am tired of that, I am tired of hiding and pretending. If I were to come out in my home country now, it would put me at risk not only amongst family, but my community. I would rather be in a safe space where I can self actualize my sexual identity. Right now, that just does not exist.
ENRONN SIERRA, it sounds like you fear persecution on account of your sexuality and not that you were persecuted. At least, this is what I have gathered from what you put here. It also seems like you are a frequent visitor to the US (you have been visiting for the past 12 years). You also claimed that the first time you returned to the US, having been travelling to the US since age 15, was when you were (or is?) age 23. You didn’t say how old you are now and how often you visited the US since you turned 23. The foregoing sentence is the most important part of your case as it relates to why you didn’t file earlier. I am inferring, nonetheless, that you visited the US multiple times after you turned 23.
I do not think that not knowing about asylum- even it is true- is a good reason for not applying for asylum when you were able to. This is especially true when you take into consideration how inundated the media is with news about asylum in the US (and to a lesser extent if you are young person who uses the internet). Furthermore, it seems like you attempted to answer another important question: Why you were able to live safely in the country for so long without being harmed? You claimed that you were able to hide in the closet and pretend to be heterosexual. This is an acceptable answer to that question (how you were able to evade persecution) but I don’t know if it is a great answer for why you never applied for asylum on your first trips to the US as an adult (lawyers and others may beg to differ with me).
If I were you, I would focus on ensuring that I submit a strong case that shows that I am a refugee and should be granted asylum. I would gather, as much as possible, country condition reports and corroborating affidavits (from families, friends, experts on country conditions, lovers, etc.). If there is law that proscribes any kind of LGBT activity- sexual or otherwise-you may not need to show that the government is unwilling or unable to protect people like you. If there is no homophobic law, you will need to show that your government is not able or is unwilling to protect you. Very importantly, you will need to convince the officer that you are actually a member of the LGBT community/genuinely identify as a member. Since you claim that you were always in the closet when you were in your home country, and because of the LIFO system that USCIS uses, you were never given the time to join LGBT organizations or attend gay prides in the US, for example, you might have a more difficult time convincing the officer that you are in fact LGBT, than why you didn’t file for asylum earlier. Frequent trips to the US before filing for asylum can hurt your chances of being granted asylum; however, I feel like many asylum officers do in fact overlook the frequent trips if you have a strong case. If, however, you have a weak case, the officer may use, as pretext, the frequent trips before applying for asylum, to refer the case to court.
I agree with most of this, except that I am less pessimistic about the return trips – we have seen many cases where LGBT people failed to file within one year, or had several return trips, and in almost every case, we have been able to overcome these issues. Of course, gathering evidence of your sexual orientation is also key – if they don’t believe you are gay (or think you are lying about any aspect of the case), you will likely lose. Take care, Jason
Many LGBT applicants face issues with the one-year bar (we wrote about that specifically on February 15, 2018). In most cases, it is possible to overcome the bar by describing the coming out process and noting that you could not come out in the home country. Once you are out, people in the home country may know, and you can no longer hide your identity, and so that may explain why you were able to return before, and why you cannot do so anymore. Take care, Jason
Hi Jamie & Jason
Thank you both for these follow up replies. I’m in my mid 30’s and I have returned to my home country 6 times since, I returned to the US in fall of 2018. Jason made a good point about coming out. There is no turning back from that and its not like I can test the waters of coming out, see how it goes, if its not in my favor I can go back in the closet. There is also the quality of life issue, how long can continue doing that? Trust me, staying in the closet does have an unknown expiry date.
Like I mentioned, the process is long and I certainly have not put my life on hold while waiting. Not to sound over ambitious, but I have been able to self actualize my sexuality overwhelmingly than I ever could imagine in my home country.
My country’s buggery laws do not criminalise the status of being LGBT but instead outlaw the behavior. But my lawyer has certainly done the heavy lifting on making sure all evidence is gathered and provided.
I was aware of asylum when I was 23, but my idea at the time that this was for persons who were fleeing war or famine. It wasn’t until about 2011 I started hearing about asylum as an option that could apply to persons who identified as LGBT and even then, the process didn’t sound convincing. Someone I met in 2014 who filed for asylum from my home country, noted he had a terrible experience. I believe his case ended up immigration court. Don’t even know if he won or not and his case was quite convincing since I was aware of it back in my home country when I was in high school
Right now, I can only tell the truth and hope for the best.
It sounds like a strong case, and as long as you address the return trips and don’t ignore them, you should be able to explain. Take care, Jason
Hi Jason, ok so the situation begs another question, if the asylum seeker is living in another country for work, and is only going back to his native land once a year or two, for a few days, to meet family, the other country being as hostile to his subject but unaware, and then he seeks to apply for asylum as he fears to live permanently in his home country and cannot live in the second country indefinitely due to visa or residency constraints, how would the AO adjudicate this scenario. I have a friend in limbo in US who was a frequent traveler, well probably once in a few years, and decided to move and apply for asylum on religious grounds a year after his last visit. He is awaiting interview but shares this concern.
Any return trip would need to be explained and could have a negative impact on the case. Maybe if the person fears a terrorist group in the country, it is easier to explain a return trip than if the person fears the government (which presumably controls entry and exit from the country). Either way, the person needs to explain why he returned and how he stayed safe while there. Take care, Jason
Hi Jason I was following through the issue of return visits. I also had one visit I did when I came for work before I went back home and came back second time to US running away from my home country because of the threats and persecution I was facing .what answers should I prepare myself if I asked why I didn’t seek asylum first time I came to USA
It depends on the case – maybe you received threats or harm on the return trip, or something changed after you were last home. Maybe you took precautions on the trip or you had an important reason to be there. Return trips do not necessarily block a person from asylum – we see them frequently and the people are almost never denied due to a return trip. However, you need to think about why you went back, so you are prepared to explain that when asked. Was it not dangerous when you returned, but it is dangerous now? Did you take action to stay safe while you were there, and you could not stay safe if you returned for a longer period of time? These are the types of things you want to think about. Take care, Jason
First thank you jason for your great blog i am following almost 4 years ago. May God bless you for your great work. I need your help. Two weeks ago, my lawyer sent an expediting request via email to the asylum office trying to expedite my case, but no news from their side yet. He said i can go in person and ask becaise he is sure that they received the email. Can i send them another email or it is better to go in person and ask and if i send an email what should i write in. And is it better that my lawyer send it since he is the one who sent the first email. Or shall i wait a while since he has sent it only two weeks ago but he said that they should reply in few days. That is newark office. What do you think???
Hi Asylum S. My lawyer also sent an expedition request two weeks ago at Newark Office but no news either. Keep us updated and I will do the same. Good luck
Sure i will. U too keep me updated. You can post here in this same comment. Thx
Hello! My name is Inna! First of all I want to say thank you for this amazing forum is very helpful! I am on asylum since 2014 and still waiting for an interview. I want to enroll in to a beauty school. I sent them I-94 and first letter from asylum and verifying this documents they told me the I-94 is expired from 2015 ! They need any prove that I am eligible for school! What I should do in this situation? How can I update my I-94? Thank you so much
Most schools allow you to enroll using the work permit, which you should have based on asylum pending. Maybe if you show them that, they will accept it. Take care, Jason
Jason, have you noticed a precipitous decline in the number of cases scheduled for prompt interview at ZAR lately? When they first switched to LIFO in January last year, I was seeing about 60% of affirmative cases scheduled for interview within three weeks; but my last ten ZAR filings have all fallen into the Great Void. On the other hand, Chicago, Boston and New Jersey continue to interview my clients promptly. at least most of the time. Is this happening to you too, or does RAPS have it in for me and my clients?
As much as I enjoy stoking paranoia, I am seeing pretty much the same thing. And so are some attorneys I have spoken to. Other offices are doing better than VA in terms of interviewing LIFO cases. I am not sure why, but I know they shift resources around, and so maybe we are on the “outs” at the moment. Or maybe it is something else. Take care, Jason
Dear jason, I have pending asylum decision for over 2 years now and I’ve had my interview conducted over a year ago, im moving to a different state with a different asylum office that falls under it’s jurisdiction to attend a school program. do u know if my case will be moved to to the new asylum office with further delays or since I’ve already conducted my interview the case will remain at the old office awaiting the decision ? Have you had any similar situations? Do you think emailing the office will be helpful in obtaining a clear picture. Thank you in advance!
The case will only move if you need another interview; otherwise, the office that interviewed you should make the decision. You do need to send them your new address (using form AR-11, available at http://www.uscis.gov). It has been a long wait, and so you can email them to ask about the status of the case. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thanks for your posts. It is hard to find some credible info about the asylum issue these days. We are benefiting from your blog a lot. Do you know anything about the Chicago asylum office? I submitted my asylum application in April 2017 and still no news. I am working as a professor at a US university and if I may hear from the asylum office until May 2020, I may lose my job. Do you think this is a good excuse for expediting my case? Right now, I am using my academic training visa, not EAD and the university does not want to deal with the EAD because of uncertainty (basically they think what will happen if my case was denied? Since this is a permanent position. They want someone who can stay in this position for a long time). Could you please let me know? Thanks.
Ask them if they could apply for your H1B, As you probably know the university is in Cap exempt and you don’t even need to go through the lottery thing to get the H1B. I guess it only takes around 5-6 months to get it done!
Good luck!
I do not know how backlog cases are being processed in Chicago, sorry. Maybe someone else here knows. That office overall is pretty good, and so you may want to try to expedite – I wrote about that on March 30, 2017. For what it’s worth, my opinion is that the university’s position on EADs is unreasonable – Perhaps if you have a lawyer, the lawyer could write a letter explaining about the backlog and maybe also that you have a good chance to win (if that is the case). Take care, Jason
Hello Jason, My case is transferred to the Immigration Court. I have a question whether I should move to another state with better statistics for judging positive judgments? And how long does it take for me to consider my case? Now I live in Michigan, but there is a very small percentage of asylum in court. And where can I see the latest immigration judge statistics in the US? Thanks.
The best place for judges’ stats in TRAC Immigration. I would be careful about that, though. Some places have a bad reputation, but Michigan is not one of them. Make sure you are not looking at detained judges’ dockets, as that may make things look worse than the reality. Until you actually know who is your judge, it is very difficult to know whether you are better off moving. Also, if you have a strong case, my feeling is that you can prevail with almost any Judge. I rarely recommend that my clients move to avoid a particular court, though there are a couple courts that I think are best avoided (again, though, as far as I know, that is not where you are). Take care, Jason
Hi Jason
Will adding more relevant information to clarify the previous points in response to NOID damage my credibility? NOID says that I was found credible but I am concerned that adding more points with the intent to clarify things will go against me. Thank you
I suppose that is possible – you should explain why that info was not previously included. Hopefully, that would reduce the chances that they draw a negative inference from any new information. Take care, Jason
Hi Jason,
Do you think it’s a good idea to send mail to the asylum office particularly the officer who interviewed me to inquire about my case?
To write the officer’s name on the envelope to be specific.
Is that okay?
For what it’s worth, I have been interviewed in Chicago office 8 months ago
You can try, but I think it is better to email the office and write in the subject line that the email is for a particular officer. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also just make a general inquiry to the email on the asylum office webpage. Take care, Jason
Jason,
My case was approved a couple of weeks ago. At what address will USCIS send a new EAD? In the G-28 form, we checked “send documents to the attorney.” Will they see it?
From your experience, how long does it take to issue a new EAD? I just submitted an address change and am afraid that the card is already on its way to my old location where I cannot longer retrieve it from.
If you asked that the card be sent to the lawyer, that is where it should go. They don’t always get it right, but usually they do. Presumably, you did not fill an I-765 and are getting the card that is automatically produced after a grant – maybe contact the Asylum Office and tell them about the address issue; maybe they can double check. You can find their contact info if you follow the link at right called Asylum Office Locator. One problem is that it takes time to produce the card – we are seeing post-grant EADs taking 3 or 4 months these days. Of course, you are eligible to work even without the EAD, but it is very helpful to have the card. Take care, Jason
Jason, thank you.
As an update on this topic (that can be useful for others):
I was able to speak with a live person on the phone calling the general USCIS phone number.
1) They still don’t see that I’ve submitted an address change online. According to the agent, it takes up to 30 days for all USCIS’ systems to “see” the change. Agents can’t make any updates manually
2) It’s been almost three weeks after I picked up the decision, but the card hasn’t been shipped yet
3) They don’t see my G-28 and a respective checked box asking to send the official documents to the attorney. My assumption is that G-28 stays with an asylum office and isn’t visible to larger organization
4) Still sent a message to the asylum office and explained my concern. Also registered an account on USCIS and sent a message there
Anyway, if it takes 3-4 months, my address change should go through way before a card will be ready
Hi nn,
Please kindly share your timeline. When did you interview?
It’s here in comments:
http://www.asylumist.com/2019/03/21/to-dream-the-infopass-able-dream/#comments
Hi jason
I went to Arlington asylum office Wednesday is usually walk in days-
I applied in January 2016 since then nooo answers!
I went there in person and talked with head of asylum office at Arlington- they confessed that its not fair they apply the f*****n LIFO policy which doesnt make sense- I tried alot to get and answer they just said just wait!
They said they only work on cases been filed after August 2018 – and no f****n work will happen for cases filled before 2018 –
The enrire -2018-2017-2016 have been pending- they only work on newly cases-
I have a question till how long these people work on LIFO systems-? Does this system will be apply for ever?
What do u think will happen to our case?
Can u tell me any approximate date for me i applied in January 2016? Do u think will i be ever getting interviews in near future???
Please answer all questions I really appreciate it- sorrry i just got back from Arlington asylum office and made me sooo depressed?
Thank u Jason
Your respnses is always gives us energy God bliss you
LIFO started in January 2018, and I have not heard that it will end any time soon. For cases in the backlog, I have no idea what will happen to them. At the rate we are going, they will never be interviewed. Maybe resources will shift around and they will make some progress on old cases, or maybe the Southern border will be closed and that might help those in the backlog. Otherwise, the only real option is to try to expedite – I wrote about that on March 30, 2017. I agree with your frustration, though, as I see it for many of my clients. I did a post about waiting, if you are interested, it was on January 9, 2018. Take care, Jason
August 2018? What does this mean? Cases filled after Aug 208? I was interviewed in sept 2018. Does this mean I will be in a Backlog?
Thanks for the help
If you were interviewed, you are not in the backlog. You are just waiting for a decision. You can contact the asylum office and ask them about the decision. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Why is everybody so depressed? You can live, work, grow your children in the best country in a world. Stop worrying about the interview. It comes when it comes. Live now and here. As for me, I am just happy to be here and live far from the mess and danger of my native country.
Nick, it is another way to think about this matter and I am happy that you are thinking about it this way. But the main concern for the majority of us is seeing our beloved one in the third country and being able to travel and move around. My family is not able to visit me here( Ban Country) and I am not able to leave. Some of the asylees need to get approval to be able to bring their kids and family here. I wish the situation was not this complicated!
Anyway, so happy that you see the bright side of it.
Nick, it’s good that you are able to cope with the backlog well/rather seemingly indifferent to the situation. This is, unfortunately, not the case for many applicants. As you may know, merely submitting an application for asylum is not a status; it just gives the applicant permission to stay in the US while the application is pending a decision. Clearly, then, the uncertainty does naturally make people anxious, and in some cases, depressed.
This anxiety and fear is especially compounded by the current hostility that is meted out to asylum seekers. As such, I expect a genuine asylum applicant- one who fears for his/her life, or one who experienced persecution- to feel anxious/depressed about his/her application being put into a backlog for an indefinite period.
While an asylum grant is somewhat discretionary, you can’t ignore the fact that many applicants applied years ago but had their applications almost callously tossed aside so new applicants can be interviewed. This is simply not right and I can understand why people are frustrated.
Why are you judging? If you are happy then I’m happy for you. I have been waiting for 5 years. Paying tuition like an international student. Working and everytime there is a EAD renewal time I get kicked out of my work for not having my EAD on time. And look for another job. I know you will be like go and work under the table but you know what jobs you have to do if you work under the table. I am Away from the family all by myself. I dont know whats gonna happen. I know I chose this but going through this misery all alone is not easy. Yes if you have a family and kids I understand that. I chose this path and I have to deal with it.
I feel for you, I have the same situation. Just paid $7,200 for this semester!
Nik is not judging anyone, he is just expressing his idea and how he sees the situation from a different perspective which is awesome but not practical all the time!
Best,
I can understand the feeling because when you have your spouse or children overseas, this waiting time is the worst !
Hi Jason,
can I translate my documents on my own? or family members can do it? Thank you[
You can do it, but you should have someone else (preferably not a close relative) sign the certificate of translation. I wrote about this, with an example certificate, on August 24, 2017. Take care, Jason
Hi Jason,
Since your blog is a resource for helping many people with asylum, I thought I would offer advice on a question I have been trying to answer for a while. If you have any clients who are still trying to maintain their valid nonimmigrant status while waiting for their interview, I would advise them not to use their asylum EAD to work. I stumbled upon this FAQ from USCIS that was a response to a request from NAFSA:
https://www.nafsa.org/uploadedFiles/Chez_NAFSA/Find_Resources/Supporting_International_Students_And_Scholars/ISS_Issues/USCIS%20FAQ%20Statelessness%20and%20the%20Ability%20to%20Work%20for%20Joint%20F1%20TPS.pdf
If you look at the first question, it seems that USCIS is holding the position that F-1 students (and other nonimmigrants) who work off-campus are violating their status even if they have an EAD that authorizes them to do so, so long as the EAD was not acquired through the very specific process available to F-1 students going through economic hardship. I personally think this is a strange way of handling things, but it seems to be the position USCIS is taking. This carries enormous consequences for F and J students, specially combined with the unlawful presence policy adopted last year. Hopefully someone ends up challenging this in court, but until then it’s probably a good idea to let people know.
Thank you for sharing. The memo is for TPS, but the same logic would apply for asylum-based EADs (to the extent that logic applies to anything related ti immigration). I have not seen any example where an asylum seeker who worked with an EAD was found to be out of F-1 status, and so I do not know how/if this memo is being implemented, but anyway, it is certainly advisable to tell F-1 people about it so they are aware of the risk. Thank you, Jason
This is really interesting data. Depending upon the time period that was the basis for this study, it might be the case that New York’s universal representation for people in deportation proceedings may (paradoxically) make the asylum office more apt to refer asylum applicants who are subject to the one-year bar to immigration court.
I think the data is from October to December 2018. I doubt that would be the reason. You would think if people are represented, the lawyer would address the one year issue and (hopefully) fewer people would be denied for the one-year bar. Take care, Jason
Hello Jason;
Thanks for the valuable information; I am wondering if F-1 students who are maintaining their status exempt from the one-year rule ?
Yashmir, did you not gather from the article that one way of overcoming the 1-year bar is if you filed when you were in F-1 status? One way you can overcome the 1-year bar is by showing that the expiration of your “nonimmigrant” stay (F-1 visa is a nonimmigrant visa as the visa was given on the premise that you will leave at the end of your study) was within the one-year period immediately preceding the date when you filed for asylum. I would want to imagine that you should be fine if you always maintained your F-1 status before you applied- even if you applied after being in the US for more than a year. Obviously, not everyone who came to the US on an F-1 visa can easily overcome the 1-year bar. Let’s say, for example, that Jamie first entered the US in 2010 to pursue a master’s degree in engineering on an F-1 visa. Jamie completed his degree in 2012 and later fell out of status for 1 year and 1 month. Jamie then filed for asylum in early 2014. In this scenario, Jamie would have missed the deadline and therefore subject to the 1-year bar. You must maintain your F-1 status or file as soon as your F-1 status expired. Even if, on the face of it, you overcome the 1-year bar because of your “nonimmgrant” status, you must also prove that you filed your asylum application within a reasonable time after the “changed” or “extraordinary” circumstance occurred.
Technically, they are not exempt, but they meet an exception to the one year rule – extraordinary circumstances, which includes people who are maintaining lawful status in the U.S. Make sure to include evidence that you are maintaining status, such as I-94, I-20 forms, school records, etc. Take care, Jason
Mr Jason . I have a question and I would appreciate if you could give me some light on this. You are always very informative. I am trying to expedite based on medical issues this wait for interview has caused me. what type of medical records can I/ should I send within my expedite request? and also is it legal to include a medical record such as doctors visit note ? the truth is I had a medical situation and I did go to the doctor and I am being treated and evaluated . but I do not know what kind of documents (legally able to send ) include in my package . Thank you so much .
There are no rules about this, so you can submit anything you want. I believe the best thing to submit is a one-page doctor’s note that explains the medical condition and how expediting the case will help alleviate the medical condition. Also, some asylum offices have a form they want you to complete about expediting. The process is pretty unpredictable, but you can try and hopefully it will work. I wrote more about this issue on March 30, 2017. Take care, Jason
Good morning,
As a recipient of WOR from 2011, present in the US for 22 years, married with a US citizen parent of 4 children all US citizens, as a formal interpreter for the US Armed special forces during a war time, being forced by factual circumstances not to claim asylum within the one year policy, what are the realistic changes to claim adjustment of status based on I 130 approved petition from 2008, concerning that return to the county of my origin is absolutely impossible do to imminent risk of harm and political persecution?
Thank you for your support and service to the immigration community.
If you are eligible, your US-citizen spouse can file for you. Also, if your children are over 21, they can file for you. Once you file the I-130 petition, you can try to reopen the court case. This may be possible, and you may also be able to use the old 2008 approval, but that I am not sure about. Talk to a lawyer to see if you are eligible and if the case can be reopened. Good luck, Jason