So, you’ve decided to file for asylum. Let’s talk about what happens on your journey as an affirmative asylum seeker.
Once you mail in the I-589 form, you should receive a receipt in about three or four weeks (though lately, this has been taking longer). After that, you and any dependent family members will be scheduled for a biometric appointment, where the government will take your fingerprints and your photo. For the biometric appointment, each person should bring their appointment letter and a photo ID, usually a passport.
Next, you will have an interview. Some Asylum Offices are faster than others, so in some cases, you will only wait a few weeks or months for your interview; in other cases, you may wait years. If you do not receive an interview within about 90 days of filing, you can be pretty confident that your case is in the backlog. Currently, there are well over 300,000 cases in the affirmative asylum backlog, and most new cases seem to end up in the backlog.
Why does one applicant land in the backlog while another receives an interview relatively quickly? My understanding from talking to my local Asylum Office Director is that it is completely dependent on luck. It does not matter what country you come from, or how strong your case is. It does not matter whether or not you have a lawyer. The Asylum Office staff determines how many interview slots they have for a given day, and a computer randomly chooses which cases, from the pool of newly-filed LIFO cases, will be interviewed.
If you end up in the backlog, how long will you wait? No one knows. The government does not know. The people working at the Asylum Office do not know. And I certainly don’t know. The basic reason for the backlog is that there are too many asylum cases and too few Asylum Officers. The Asylum Division has been trying to “staff up” for some time, and they are having some success. As more Officers come online, we might see progress on the backlog. Also, as you may have heard, the Trump Administration is working overtime to block asylum seekers from coming to the U.S. If there are fewer asylum seekers, we could also see progress on the backlog. Despite all this effort, the backlog continues to grow.
If your case falls into the backlog, there are a few things you can do. You can try to expedite the case. This is not easy, and even people with a strong reason to expedite are often rejected. The best reasons to expedite are where the applicant has a health problem or there is family separation, especially if the family members are unsafe. Even if you do not have a strong reason to expedite, you can still try–once in a while, applicants get lucky. Also, some offices have a short list. This is usually a long list of people who have agreed to accept an interview on short notice if there happens to be an opening. Putting your name on the short list will not necessarily get you a faster interview, but it might. You can contact your local office to find out whether they have a short list. If you put your name on the short list, make sure that all the evidence is submitted, so you are ready to go in case you get called. Attempting to expedite or put your name on the short list will never make your case slower–either it will be faster or there will be no effect.
If you do not get an interview, or if you do get an interview and there is no decision, you may be eligible for an employment authorization document (“EAD”), which allows you to work legally in the United States. You cannot file for your EAD immediately. Instead, you have to wait 150 days after the I-589 form is received by the government (the “received” date is listed on your receipt). Do not file before the 150th day, or the EAD application could be rejected as filed too early. Also, if you cause a delay in your case (by missing a government appointment, for example), or if you have certain criminal convictions, you may be ineligible for the EAD. Check the EAD instructions for more information. If you do not have an EAD, you cannot work lawfully in the U.S. Even the receipt for the initial EAD does not allow you to work. People who work unlawfully are not precluded from receiving asylum, but unauthorized employment could block you from other immigration benefits. When you file for the EAD, you can request a Social Security card on the same form.
Once you have an EAD, it is valid for two years. You can renew an expiring EAD up to 180 days before the old card expires. When you receive your receipt to renew, your old EAD will be extended by 180 days. Renewals can take a while, so it is a good idea to file the renewal soon after you are eligible.
While your case is pending, you can apply for Advance Parole (“AP”), so you can travel outside the United States and return. USCIS does not always approve AP, and sometimes, they only grant it for a short period of time, but if you have it, it acts like a U.S. visa. You still need to use your passport to travel, and this can create issues for asylum seekers, especially those who fear harm from the same government that issued the passport. And of course, asylum seekers should not return to the country of feared persecution, as that could kaibosh your asylum case.
Also, while your case is pending, if you move, you need to file a form to change your address. Depending where you move, this could cause your case to be transferred to a different Asylum Office. If the case moves to a new office, it should not cause additional delay and should be treated as if it were originally filed in the new office.
What if you do get an interview, but there is no decision? The most common reason for post-interview delay is the security background check, but there could be other reasons as well. You can contact the Asylum Office directly to ask about the delay, or you can ask your Congressperson or Senator to do that for you. You can also seek assistance from the DHS Ombudsman’s office, which can sometimes help with delayed cases. None of these approaches seems very effective to me, but there is no harm in trying. If all else fails, you might consider a mandamus lawsuit. This is where you sue the Asylum Office and ask a federal judge to force them to issue a decision.
In the end, you will either be granted asylum, or your application will be rejected. If you are rejected, there are two choices: If you are no longer in lawful status in the U.S., you will be referred to an Immigration Judge, who will review your case and issue a new, independent decision. If you are still lawfully present in the U.S., you will receive a Notice of Intent to Deny, be given an opportunity to respond, and if the Asylum Office still cannot approve the case, they will issue a final denial. In that case, you are expected to leave the U.S. when your lawful period of stay ends, but you can re-file asylum (the process is different – check the I-589 instructions) or you can seek other ways to remain here.
So that is the affirmative asylum process in a nutshell. The system is a mess, and it is helpful to know that before you begin. Perhaps this knowledge will make the process a bit easier to endure.
Hi Jason today my status changed to (“your interview is scheduled”) and I’m a pending asylee waiting for interview for a long time,
I’m not home I’m out of state for work, how do i know what date it is? or is there any possible option i can know my date online? I can not get a letter until i go home which will be 5 days from now but I really want to know the date!
Your suggestion will be appreciated sir
I think you have to wait for the letter – it usually takes days or weeks to get the letter after the online system changes. I suppose you can try to email the asylum office to see whether they can let you know by email – you can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Happy New Year !!
Hi Jason,
I filed my asylum through my attorney 3 years ago, Aug 2016 and it is still pending.
And I paid the attorney requested professional fee for filing my I-589 and withholding removal.
Now, my attorney left the legal firm where he used to work and he said there is no other attorney handling asylum cases
So, he said, he can’t continue to handle my case and he withdrawn contract as an attorney for my asylum case and returned my documents to me. Also he said, it is long time after filing this case !
I paid total fee as per the signed contract and now I don’t have any attorney. And to appoint a new attorney to follow up my case, I have to pay again.
Please guide me to handle this situation. I am looking forward to hear from you.
Thanks, Regards
James
It depends on the contract, which is probably written to favor the lawyer. In short, even if a lawyer is charging a flat fee, he is required to keep track of his time, and bill for each hour worked. For flat fee contracts, but attorneys have a high hourly billable rate, so that we “earn” all the money from the flat fee pretty quickly. Not all contracts are written this way, so you have to check that. I would contact the lawyer, ask for a full accounting of all work done for you, and a statement indicating what and when money was earned in your case. Then, I would ask for a refund of any unearned fees. If the lawyer does not respond to you, you can contact the state bar association and ask them how to make a complaint. Finally, normally, a contract is with a firm and not an attorney. So you might contact the firm – even if they cannot do the case, they cannot violate the contract without liability, and they should either find you a new attorney or do your case. Again, if they are not response, contact the state bar association to make a complaint. Take care, Jason
Thank you Mr. Jason.
How do you know what office your asylum case would be as signed?
Which states get assigned to Arlington office? How quick is the Arlington office so far?
How fast does one get an interview after applying for asylum? How
There is a link at right called Asylum Office Locator. You can enter your zip code and learn which office will hear your case. The Arlington office is currently moving slowly and interviewing few new cases. However, that is expected to change within a month or two, since more resources are being sent to that office (supposedly). If that happens, interview may be done more quickly – within a few months of filing. Take care, Jason
Hi Jason
Thank you for your time.
I got interview on feb 2018 as expedited my case because of health problem. But still waiting for decision. I’m working now. Should I file the law sue for immigration office? I worry about my health and may I can’t see my family ever.? I appreciate your answer.
You could file a mandamus lawsuit – we wrote about that on October 2, 2018. However, before you do that, you may want to contact the asylum office and ask about the decision. Maybe include info about your health issue and ask if they can expedite the decision. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you very much Jason for prompt response. Appreciated.
Dear Mr.Jason
Thank you for all your help! Actually I had my interview two weeks ago and the asylum officer insisted on asking me about why I did not say that I was arrested in my visa application while in reality I was arrested three times because of my political opinion, she also asked me why I did not mention all the organizations that I was member in my visa application that are mentioned in my asylum case, I answered that I considered these arrests as political and not criminal this is why I did not mention them. The officer then issued an RFE ( that I answered to with 157 pages of articles about me) and gave me a notice to pick up my decision next week, do you think that this inconsistency will directly cause a denial of my case? thank you very much for all your help!
They always ask such questions – and your answer is pretty common, I think, as many people I know have said the same thing. Also, there is a case called Matter of Pula, that basically says, if you lied to get a visa because you were fleeing for your life, that does not block you from asylum in the US. There is no way to know for sure, but such omissions are pretty common and they can often be explained and do not block the person from asylum. Good luck, Jason
Thank you Mr.Jason! well regarding the decision, I picked it up yesterday and the good news that it was ” recommended approval”, the problem is that I do not have any idea about the processing time for that, is it to make a security check back home? ( Tunisia) ? do you have an idea about how long does it take? ( if you have some examples from your cases). Your help is so much appreciated!
This means that you qualify for asylum, but the background checks are not yet complete. Usually it takes weeks or a few months, but it could take longer. For now, there is nothing much you can do except wait. Hopefully, you will get the final approval soon. Take care, Jason
Hi Jason, I attended my interview in SF office two weeks ago and was told to return tomorrow. How every, after the interview the officer told me that a decision in two weeks is unlikely with no further explanation. I received a call today that the decision is not ready for pick up and it will be mailed to me. Given that most cases are decided in two weeks in this office, what reason do you think is there for the delay? I noticed that you wrote “The most common reason for post-interview delay is the security background check, but there could be other reasons as well.” Is this due to thanksgiving holidays affecting the decision making schedule? Or the number of documents that I submitted? Also, I understand this is not necessarily a denial, but based on data how likely is it to get an approval if the decision gets delayed?
Thank you so much for your help.
There could many reasons for delays – from security checks to officer and/or supervisor vacations. I think you cannot know anything about the outcome based on such a delay. If I remember correctly, the majority of cases are decided in two weeks, but many cases are not – and most of my cases where the officer initially says two weeks are delayed (that just happened to one of our cases, but then a couple weeks later, the case was approved). I think this is because many of my clients come from Muslim-majority countries, and it seems that background checks take longer for such people. There is not much to do, and such delays are common, so I would give them at least until after the holidays, and if there is still no news, you can make an inquiry. Take care, Jason
Thank you so much for your prompt response, Jason. Your response explains why the officer told me that a decision in two weeks is “unrealistic.”: I am from Iran. Should I contact my congress Rep now given that this procedure itself might take some time? This way I can expect some response from the office. I will also make email and in person inquiries to the office. Thanks again for all your help.
Typically, we will not make an inquiry within the first 90 days, as they sometimes need time to make a decision. But when you choose to contact them is up to you. There is no real downside (I do not believe that bugging them would cause them to issue a negative decision). But inquiries and Congresspeople have limited power to make them move faster. Take care, Jason
Hi Jason, I just renewed my EAD and my lawyer made a mistake in the address even though I received it I never want that address to be on file because it is my work address does it matter because the lawyer told me it won’t reflect since I didn’t change my address with the USCIS and it doesn’t affect my application since there are different departments
I do not think it would affect the asylum case, but if they ask you about it as part of the case, you should just explain that it was a lawyer error and they used an incorrect address on the form. I don’t see how it would cause any problems. Take care, Jason
Hi Jason,
Do you work on former asylee’s citizenship applications? If so, do you know common reasons USCIS denies citizenship to asylees? Can travel to COP for a family emergency be a basis for denial of citizenship?
I have had clients return to the home country and still receive citizenship – the most recent case I can remember was maybe a year ago, or a bit longer. There were no issues raised in her case at the interview. However, things keep getting tougher, and so that issue certainly could be raised, and if you must return, you should be prepared to explain why you went and how you stayed safe. A more common issue is an inconsistency between the different forms, in terms of memberships, arrests, whether you ever lied on a visa application, etc. It is important to do your best to make sure all forms are consistent. This is more difficult than it seems, given the large number of questions and the different ways some questions can be interpreted. But if you have inconsistencies, that can form the basis for USCIS to deny the case, or at least give you a hard time. Take care, Jason
Dear Jason,
Thank you so much
Can a person on petition for green card instead of waiting come to the USA and apply for asylum due to a recent persecution in home country ?
Would that be an issue for the asylum case that she had a petition being opened for her ?
Does she need to close the Petition or just keep it opened ?
This person is a mother who has a daughter 16 years old , so would that help to expedite the process in case it got stuck in the backlog ?
How long it usually takes these days after getting approved to bring family ?
Thank you
If the person can get to the US, she can apply for asylum. The family petition would have no effect on the asylum case, though it likely will make it more difficult to get a visitor visa (B visa), which is the most common way to come here. In terms of expediting, there is nothing to do there until you file the case and see whether you get a quick interview – some people are still receiving interviews in a few months after filing. If you win a case and file the I-730 to bring family, the time frame these days seems to be one year or 1.5 years for most cases. Take care, Jason
Thank you for the help
If she came to USA and applied for asylum , would she need to close the petition already filed for her ?
Her husband has a visa who would not come with her to take care of the child but he has a visa , would be be able to come to visit USA after she has filed the asylum ?
Thank you
There should not be a problem to have an immigration visa and an asylum case pending at the same time. If a spouse files for asylum, the other spouse will likely have a harder time getting a new visa. This applies to the B and F visas, but is less of a problem for the H1b visa. If he already has a visa, he should be able to come here, but sometimes, they do not allow people to enter if they are arriving with a B visa and their spouse is in the US with a pending asylum case. That is not so common, but they could force him to leave (and if he did not want to leave, he could seek asylum, but would likely be detained). Take care, Jason
My older brother abandoned his asylum case in court due to a long wait and went to Canada and was ordered to be deported by the judge few day ago. Can that be any issue for my asylum case .
Is worth for him to write a letter to court tell them that he is no longer in USA
thank you
I do not know that it would affect your asylum case in the US. Canada and the US share some information, but I do not know that they would connect your brother to your case (maybe they would, but I doubt it). To be safe, you should be prepared to answer questions about your brother if asked, and to explain why you should qualify for asylum even if he did not. As for his case, if he is outside the US, he can submit some evidence of that to the court and try to get the case closed. If he had a lawyer, maybe he could request “voluntary departure” after the fact, in order to avoid a deportation order. I do not know that would work, and my guess is that when he fails to appear for court, the judge will enter an order of deportation, which will bar him from returning to the US for 10 years. Take care, Jason
HI Ahmed,
I think you should not have any problem because of your brother. Do you mind telling me how was your brother’s experience in Canada? Can I move to Canada if I have a pending case here?
If you want to go to Canada, talk to a lawyer there before you go, as you can create real problems for yourself if you try that and then get rejected and returned to the US. So make sure you can apply there before you try to go. Take care, Jason
Hello Mr.Dzubow,
Thank you for the articles and Q&A. I have a question: how long do your clients’ Refugee Travel Document (I-131) applications take to get approved? I’m still waiting for mine. It’s been 125 days since the date on USCIS receipt (I-797C).
It used to be faster, but these days, it is probably 4 to 6 months. You can check the processing time at http://www.uscis.gov. Take care, Jason
Hi Jason
After the request for expedite processing on Form I-730, Refugee/Asylee Relative Petition is approved, I contacted USCIS costumer service to ask about my case. The officer said your case is in adjudicator’s (if I heard it correctly) hand. What does that mean and how long the case is going to take to be approved?
Thanks in advance for your reply.
If they are expediting, hopefully it means they are actively reviewing the I-730 and will give you a decision soon, but normally, the I-730 process takes over year. There is no way to predict the time frame for an expedited case, but hopefully, it is faster than that. Take care, Jason
Hello Jason,
It’s been more than 7 months that my husband and i applied for adjustment of status and still did not get a biometrics appointment. When we inquired, they just said it might take more than 60 days to schedule you for an appointment. What might be the reason for this, and is there anything we can do? Maybe expedite?
Thanks a lot,
As long as you have the receipt, you should be fine. Normally, the biometrics appointment comes faster than that. It may be that they are re-using your old biometrics. They sometimes do that, but normally, they send you a letter to explain it. Maybe check your receipts to see if they say anything about re-using biometrics. Otherwise, you can try to call them to ask about this – the number is 800-375-5283. Take care, Jason
Dear Jason, on average and from experience , how long after getting a recommended approval does one get the final decision? like two weeks or longer . thank you.
There is no average, but it is often longer than 2 weeks. I have seen it in a few days, but sometimes, it takes many months. I would give them at least a month or two, and if there is no news, you can make an inquiry. Take care, Jason
Hi Jason,
Thanks for all your help. I have a quick question. So I recently had my interview, and in one of the translated documents the translator had converted the calendar incorrectly, and it did not make sense because it was converted to future date. The actual date was correct, just the conversion made no sense. Officer asked me about it, but I had not noticed it before. How will this effect my case? Should I ask the translator to correct the dates and resubmit? The translator had provided contact information on the translation. Thank you
You may want to have the translator write a letter explaining the error and you can submit that. You should include your case number and interview date, and the name of your officer, if you know the name. Even if you do nothing, I doubt it would affect the case. If there are other translations errors, though, it may call into question whether the translations are correct, which could affect the case, so maybe you want to double check that there are no more errors. Take care, Jason
what do you think about the new low for banning people who get government assistance from getting green card and citizenship?
is it on asylum granted too?
I think it is idiotic and harmful. However, it does not affect people who have asylum, so if you are an asylee, it does not affect you. I did a post about this on September 24, 2018 (on the proposed rule). Also, if I remember correctly, that rule is currently on hold due to a court case. Take care, Jason
After waiting for a decision for about 3 years now, I begin to wonder whether asylum is for certain types of persons. Whenever I read some posts here, I see that some people are being granted asylum but it looks like me and the guy who has been waiting for 7 years. Here is my question though Jason. In one of your posts you mentioned that supporting documents greatly improve the chances of winning asylum but when I flew to the office adjudicating my application, a supervisor told me that I submitted lots of documents and they have been working on it. She also asked me to submit a request to have them expedite the decision but it has been more than a year since then but they never told me anything. Do you think that supporting documents could be the problem? Also, would they have sent me a denial notice if they had denied my expedited request? I am getting tired of seeing some of my children abandoned to their own fade while I am alive because of my inability to bring them over. It looks like I have tried all the venues but in vain. My lawyer doesn’t support the idea of a lawsuit, what would you suggest?
Before you make a lawsuit, you can make an inquiry – you can find their contact info if you follow the link at right called Asylum Office Locator. Maybe mention about the prior expedite request and see if they respond. Generally, submitting more documents should not slow down the case, but if there is a problem with the documents or they point to some issue that affects eligibility, then they could have a negative effect. As for a mandamus lawsuit, we wrote about that on October 2, 2018. Such a suit should get you a decision, but it may not be a good decision. In my opinion, that may be better than waiting and waiting, but each person needs to make their own decision about this. Take care, Jason
Dear Jason,
Thanks for all you do to the asylum community. In the previous comment from ( Desperate ) and as written, he submitted a request to expedite his decision. My questions are:
1- what is this request and how to submit such request? Will this request make the asylum office contact the departments responsible for the background checks?
2- As I understood this request is a step before a mandamus, am I correct?
3- I always think that a mandamus is useless, as the asylum office would not be able to make a decision if they didn’t receive the results of the background and security checks. It’s out of their hand. So, as a result they will send the asylum applicant to the court. The mandamus would work only if the office has the security checks results but the delay id from the asylum office side. Am I correct?
I would be grateful to benefit from your experience in this field.
Thanks,
Thanks,
1 – I wrote about expediting on March 30, 2017 – maybe that would help. But each office has a different way to do it, so you need to contact the local office. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – A mandamus is more appropriate after the interview. We wrote about that on October 2, 2018. Whether it would work before an interview, I do not know. 3 – I think that is not correct. Mandamus cases do sometimes, work and end in a positive decision. I do not do mandamus cases myself, but I have heard this from other lawyers. Take care, Jason
Dear Jason,
Thanks for the response. But, my first question was not about an expedition request to have an interview. I meant the request to expedite the decision after the interview, according to what the supervisor asked ( Desperate ) in his comment. So, is there a request to expedite the decision after the interview and before filing a mandamus ?
Thanks,
You can make the request – you do that in the same way as you request an expedited decision. You can also seek help from the Ombudsman or your Congressperson, as discussed in the above article. Take care, Jason
Hi Jason,
Do you know the current approval status of Arlington office? Do you recently get decisions after the interviews? I am waiting decision for more than 8 months. I appreciate if you can share some insights about Arlington office.
Best
Things there are very slow. We did recently get a decision from them (a grant, a few months after the interview), but we only occasionally have interviews there and decisions are not coming that quickly. You can contact them and inquire about the case – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you as usual for your help! My USA citizen cousin got married back home in Africa recently and want to bring his wife. However, he doesn’t know his parents birthdate which is common back home ( no birthdate record for previous generation). Can he leave the place that asks for his parents birthdate empty? Or shall he put approximate date?
Thank you again Jason,
Where we do not know, and cannot find out, a particular date, we generally put an approximate date and explain why it is not the exact date. He may want to talk to a lawyer about this to be sure that is the best approach in this particular case, as I do not know the facts of the case and there may be other issues to consider. Take care, Jason
Hi, Jason,
Do you know when/if USCIS is planning to hold a new
Asylum Division Meeting? On their website it just says statistics will be published soon, but I believe meetings with them are more important as people can ask questions and hopefully get some answers. Did they provide any explanation on why 14th November meeting was cancelled? Just publishing statistics is not going to help us, asylum seekers stuck in the backlog, it would be so much better if they’d publish what year and month they are scheduling interviews for each office.This way people would wait calmer for their turn, instead they are saying how many cases they received and how many was processed, what does that tell us about backlog?nothing much. Thank you.
There is no news – I plan to post something about this in a couple days, so maybe check back, but the bottom line is, we do not know. Take care, Jason
Hi Jason,
My EAD is going to be expired in 2020/02, so I will need to renew my EAD as soon as possible! Do you have a checklist for EAD renewal! I am really confused! thanks for the help
I do not have a checklist. The instructions to the I-765 indicate what you need. Normally, it is a copy of the old EAD, front and back, the asylum receipt and–if the case is in court–proof of the pending case, two passport photos, and the fee. Some cases need additional documents, depending on the case. Take care, Jason
Hi Jason!
I came to U.S in October 2015 I applied for asylum in January 2016.
I got marriage to my wife in March 2018 she is U.S citizen.
In August 2019 I’ve gotten an asylum interview which was granted 2 weeks later after the interview.
My question is:
if I get my green Card after 1 year been an asylee,
Am I still been eligible to apply for citizenship in March 2021 ( 3 years after mariage) I still living with my wife.
Thank you .
If you get your GC based on asylum, you cannot apply for citizenship after three years – you can only do that if you got your GC based on the marriage and you are still married to the same person. However, if you get your GC based on asylum, it will be back-dated one year, and so the wait for citizenship will be 4 years instead of 5. Take care, Jason
Hello Mr.Jason, how are you?
I’m an asylee for almost a year and didn’t send my green card application yet. I have a question: Does having a Firearms License affect my Green Card application? I’m an airsoft enthusiast and here in New Jersey you need a firearms license to buy an airsoft.
It should not, but I am not 100% sure about that. Non-citizens may have some limits on owning weapons that citizens do not have, and I have not researched that point before. I do not think there are any questions on the I-485 form related to firearms ownership and my guess is that as long as you obtained the license legally and own any weapon legally, there should not be a problem. However, if you are not sure, you might want to have a lawyer look into that to be on the safe side. Take care, Jason
Hi Jason,
I am a Pending Asylum Seeker since August 2016 here in Texas, USA.
My son, Mechanical Engineer, Aged 25 Years Old willing to do his Masters Degree in United States.
Is it possible for him to get his Student visa as his father is already in United States with pending Asylum ?
The universities are ready to issue letter of acceptance. However I am confused about his interview with Consular in India.
Looking forward to hear from you.
Regards
James
Hi Jason,
I am a Pending Asylum Seeker since August 2016 here in Texas, USA.
My son, Mechanical Engineer, Aged 25 Years Old willing to do his Masters Degree in United States.
Is it possible for him to get his Student visa as his father is already in United States with pending Asylum ?
The universities are ready to issue letter of acceptance. However I am confused about his interview with Consular in India.
Looking forward to hear from you.
Regards
James
He can try. Since he was over 21 when you filed for asylum, he is not part of your case and he is not eligible to benefit from your case. As such, he may be able to get a visa. In general, however, it is more difficult for close family members of asylum seekers to obtain a visa. In any case, he can try, and hopefully, it will work. Take care, Jason
Dear Mr. Jason,
Thank for your reply.
Meantime, I have one more question.
I landed in USA on 2nd December 2015.
And filed Asylum on 8th August 2016.
But, as you know, no one is aware about its result !
And I am missing my family last four years now !
Am I eligible to apply for a Green Card once I complete continues 5 years in United States, if the asylum interview delayed further ?
Looking forward to hear from you.
With Thanks Regards
James
There is no provision that allows you to get a GC because you have been waiting in the US for a long time. The closest thing to that is Cancellation of Removal, which requires 10 years in the US, among a number of other requirements. Take care, Jason
Hi Jason,
Can I apply for Cancellation of Removal if I have a pending affirmative asylum and also deferred action?
I meet the 10 years requirement and the extreme hardship requirement to my us citizen child due to medical condition, very strong case.
The big question is, without being in immigration court is this achievable somehow?
For a Cancellation case, you must be in immigration court. I am not sure what you mean by deferred action in this context since no one is trying to deport you. Take care, Jason
Hi Jason,
I had a marriage based AOS interview about 10 months ago and my case still pending. I asked USCIS field office and they told me that my case is still pending to due security checks, and they can’t approve or process my case until those security checks are completed. Any thoughts on that? Do you know why it takes so long for some applicants and its quite quick for others?
A background on my immigration history. I applied for Asylum in 2014 and its still pending. I got married in 2018 and I filed the AOS through marriage. The field office didn’t ask me to withdraw my asylum case or anything. I also told asylum office that I have AOS application through marriage and they didn’t say anything. It seems like, the asylum case has no effect on my AOS application through marriage but I am still waiting to hear something back after the interview.
There are sometimes delays for adjustment based on marriage, but in your case, if you check the processing time at http://www.uscis.gov, I think you will see that you are still within the “normal” processing time, which is up to about 26 months, if I remember correctly. Until you are outside this processing time, there is not much you can really do, as USCIS will not take action. If you are outside the processing time, you can continue to contact USCIS directly. You can also try the DHS Ombudsman – a link is at right. They sometimes help with delayed cases. Take care, Jason
Hi,
If I write or my lawyer write to expedite my case after Asylum interview and waiting for result over 3months for interview result, is there a difference? Beside, how long do you think it takes to get a response or decision from USCIS base on expedition request? By God’s help if I am approved, can I file for my family and request for RTD at the same time? Is there any special reason I will have to give to get RTD? Or I can request to go on vacation since I have not gone on one for almost 2yrs working? Or can I say I want to try to another country closer to see my family after almost 4yrs? Or I just need to apply for RTD to travel? The RTD is to go to see my family in another country? Honestly, I can’t go back to the country I ran from due to fear for my life now nor in the next 8-10yrs. What is your advice? When they grant one RTD base on vacation reason?
Thanks
I do not know that it makes much difference whether you or your attorney inquire, but I do think you should tell your lawyer so you two are on the same page. If your case is granted, you can immediately file a form I-730 for your spouse and/or children (who were under 21 and unmarried when you filed for asylum). As for the RTD, you can also file immediately after your case granted. You do not need a reason – you just submit the form and they should issue the RTD. Take care, Jason
Hi Jason,
I have a pending asylum case since 2017 feb. Currently I am working with EAD.I have no other status. There is one company who is ready to apply to green card for me. Is this something that may work for my situation.
is there any way that this route may work ?
If gc process is approved, Can I go to Canada for visa purposes with an advance parole in case any rejection occurs in the consulate?
Thank you in advance.
Talk to a lawyer before you start the process to make sure that you can actually complete the process. I wrote about this issue on August 28, 2018 – maybe that post would help. Take care, Jason
Omar, did you apply while you were in status? I am actually going through application for GC right. Applied for PERM 2 weeks ago
Thank you for the useful information Jason. I was interviewed via shortlist in 2018 and I got my papers in 2018. Quick question. I applied for an asylum based Green Card this year March but it’s still pending approval. My EAD expires soon and I am worried at work they may ask me for an updated copy. Can I apply for an EAD renewal if my asylum based Green card is pending?
Thanks!
Hi Mohammed
If you don’t mind can you share me which service center/lock box are application center did you sent the documents.
Thanks
VJ
Hi Steph
If you don’t mind can you share me which service center/lock box are application center did you sent the documents.
Thanks
VJ
Hi VJ,
I used the following address:
For U.S. Postal Service (USPS):
USCIS
PO Box 660867
Dallas, TX 75266
For FedEx, UPS, and DHL deliveries:
But you can check the USCIS website on where to send your application. https://www.uscis.gov/i-485-addresses
All the best!
GC applications are moving slowly these days – you can check the processing time at http://www.uscis.gov, but I think it says between 12 and 26 months, or something like that (though we are seeing cases take maybe 14 to 16 months). You can and probably should renew your EAD, just to be safe (even though an asylee can legally work without an EAD, many employers and DMVs do not seem to recognize that). Unfortunately, you have to pay the fee or try a fee waiver, form I-912. Take care, Jason
Thank you Jason!
Hello every one
I want tell every one my story maybee some will benefit from it
I have asylum case pending since 2015
Applied for my mom to visit me
Im Syrian
She is Lebanon’s
They gave her a visa for 5 years
I was surprised because i have asylum case and she mentioned she coming to visit me
And they approved her visa
This and she came her on August
And she go back because in my invitation i was her sponsor and alhumdollah i saw her
They just asked her about me
And she was very honest with them in the embassy and thanks god i saw my mom after 7 years and she met my kids for first time
That is great news – it is a huge relief to see family in this situation. In general, it is easier for parents of asylum seekers to get a visa, and it is more difficult for children and spouses of asylum seekers to get a visa. Take care, Jason
Jason,
I am an asylee already filled a petition i730, but the wait is keep longer, what do you think if they apply for a visit visa mentioning my status and they’re coming to see me?
Thanks,
They can try, but it is difficult to get a visitor visa, especially if they think you plan to stay in the US permanently. So I doubt it will work, but nothing stops them from trying. Take care, Jason
Hello mohammed,
thanks for sharing. i m also planning to apply visa for my parents nd siblings, i m asylee. can you please explain
1.what kind of documents you sent to your mom for supporting her financially here.
2. do they ask about asylum case in the consulate in her interview
3. which consulate she went to interview.
thanks
Salam Brother. It is my dream to meet my mother. Its been 6 years all I can see her is on facetime. I will try this thing, I am awaiting the decision from Arlington Office, but still, I am paying taxes since last about 5 years. I hope I will get to see my mom soon. Thanks for this update.
Hi Jason ,
I have a silly question I know it may not matter but just to be clear about it , I submitted my EAD application for renewal and sent it to the mentioned address with everything correctly filled and filed including the addresss. I forgot to write Attn: I-765 or Attn: AOS on the envelope when writing the address but i did mentioned this Attn:AOS/I-765 in the cover letter attached to documents.
will it affect the delivery of my application in any way?
Thank you
Ali
I do not think it will affect delivery. I would not worry about it. Take care, Jason
Thank You Jason!
have a great weekend.
Hi Everyone,
Jason, thank you so much for providing us such a great forum to let us disccus and encourage eachother in this endless waiting period. I filed my case on 10/25/2019 and haven’t even get the receipt yet. After I read this article I am expecting to wait for another two weeks I hope it won’t be that long though. I thought this journey will not be that tough but looks like it will all depends on my luck as Jason said the computer picks the case whether you get the interview or not. Haven’t even start I lose hope already but I hope the best for everyone, stay strong.
Receipts have been slow the last month or so. Part of the process is luck, but some offices are faster than others, and so it also depends on your office. Take care, Jason
Hi Jason,
I am filling from Wisconsin so I assume the office will be Chicago, does it mean I will have a better luck ?
The interview will either be in Chicago or a local office by a Chicago officer. That office has been generally pretty good in my experience. I have not had a case there very recently, and so I am not sure about the backlog in Chicago. Take care, Jason
Hey, welcome to the US waiting party called US Asylum. Don’t ever think this journey is not tough.
And Please don’t expect result sooner but maybe you may be lucky, I pray so cuz when ever I read a success story on this site, I cry tears of joy for the person. Like I want to hold and celebrate with them.
Just read your post. Seems like you have high hopes.
As For me no more hope. I develop a new virtue called waiting. My kids have gotten 3yrs added to their ages and I had been waiting going to 4yrs now. No final result and no hope of when that will be any more. But you can make it, Waiting. You name is good that’s the song we all are seeing each day, so welcome.
Hello Jason,
Good evening and I hope you are doing well. I was granted asylum in mid October 2019 after almost two years of waiting. My regards to folks with pending cases and please stay faithful.
A quick question on applying for permanent residency. Is it required to wait for one full year after the decision to submit the I-485 or could it be submitted as early as 90 days before the one year mark?
Thank you!
I recommend that you wait one complete year. We used to mail the I-485 a month early, but then had one rejected as filed too early. Since then we wait one year. Note that it is one year of “physical presence” in the US, so if you leave the US for 2 weeks, you should wait 1 year and 2 weeks before filing for your green card. Take care, Jason
Hi Jason,
Thank you for your great help about asylumist,
My asylum application is pending for 5 years,
can I be a business partner in some restaurant.The restaurant is already eastablished
by 3 people. Is there any restriction with the pending asylumist?
Please advise me.
Regards
Amrit
I do not see why that would be an issue. If you have a work permit, you can work like anyone else, and you can own property and a business. Take care, Jason
My EAD expires June 2020,
Pls when is the best time to apply for renewal?
Thanks
Hello,family!
Who has already experienced this ?
After waiting for a decision for 15 months,I renewed my EAD . The card that I received doesn’t have the passport photo that I applied with, but the picture that was taken about 3 years ago during the fingerprint.
Is there any explanation about that?
And who here has been waiting for a decision for 15 months like me?
God, have mercy!
I don’t think there is any harm in having the old photo – these days, they are sometimes re-using old biometrics, so that may be the reason. As for the long wait, unfortunately, it is not that uncommon. Above are some suggestions for contact the asylum office and inquiring about the case. Take care, Jason
Hi Jack,
I am waiting for my decision for 15 months. I do not understand why did you receive your EAD so late. Did you apply late or USCIS took long to issue you an EAD? I am really sorry if this was the case. You must have had difficult days without an EAD. Can you please tell what happened during your interview? Did your asylum officer make you sign any affidavit in front of another asylum officer as a witness? I really do not specifically know what was the purpose of that affidavit, but I guess it might have had something to do with the student political party I was a member of. She asks me questions like, did I give any money to the party and I said yes only around $3 a year as student membership fee.
What do you think Jason? Could it be possible that they have referred my case to the headquarter for TRIG review. I am really very concern and do not know what to do. I have written some emails to the asylum office but so far, haven’t received anything from them. Is there anybody on this forum who was in a similar situation?
In most cases, they do not have you sign a sworn statement like that, so it may be that they do not like your political party. This can be the case if the party has an armed wing or is in any way associated with a military group or militia. In that case, maybe there is a TRIG issue or some other issue. If they are not responding to your email, you can try to go in person or try some of the other suggestions mentioned above (Congressperson, Ombudsman, mandamus). Good luck, Jason
Hi Jason,
My spouse has a credible asylum case, but she is my dependent in my asylum case. If she applies for asylum, does my case in any way affect her case? I mean If my case has been referred to the headquarter for TRIG review, does it have to do anything with her case or not? Second, does she have to withdraw being a dependent in my case to apply for her own asylum or she can both be a dependent and have her own asylum case?
She can apply for asylum independently, but if she is already a dependent on your case, the process is different – she has to apply in the local office. Check the I-589 instructions about that or contact the local asylum office. She does not have to withdraw as a dependent to file her own case, but even if she did, I do not see how it would make much difference. I am not sure that an independent case from her would help – as she already has a pending case that apparently has a TRIG issue. Certainly, she can try, but whether filing a independent case would make things faster (at least for her), I do not know. Take care, Jason
The same thing happened to me. I was clean shave when I applied 6 years ago. Now I had beard, I thought that is why they used my old picture in my new EAD.
Hi Jason,
Will there be a problem if there is a small typo in the supporting documents?
Usually not, but at the beginning of the interview or court case, you can tell the decision maker and correct the error. Take care, Jason
Hi Jason,
Do you have any idea whereabouts the Arlington Asylum office currently is in processing cases? Obviously they are doing current cases first, but then after that, are they working from the front or the back of the backlog, and how far are they with working through it?
They are only getting to a few new cases and are currently only interviewing old cases that have been expedited (I have one such interview soon). If they do have time for old cases, they have said they will go from oldest to newest. Take care, Jason
How short is the notice of short list interviews
It depends on the office, but usually not very short at all – it may be faster than the regular interview path, but most such lists probably take years. Take care, Jason
Hi jason
I sm asylee and i css as me here 5 years ago my case is still pending. But here is my issue the uscis aproved my EAD renewal 4 month ago and gave me 6 month temporary . After a while they sent the original card on June 14 via USPS ( one of the most horrible experience i have with them ) on june 18 the package stacked some where in usps branch and they said they couldnt find it or confirm it is lost. I called to uscis office and I told them everything and they said “if they can’t confirm it is missing or not what i have to do is file for I 765 form again and pay again “. which is not fair. But since my temporary is about to expire in 2 months and i don’t have another choice i did filled again but since i have a family of 3 to support I filled a waiver if they accepted it . If they didn’t send me a new one very soon untill January i will loose my job . I am very frustrated and worried about my family right now . I tried everything to get it from the Usps it’s there fault but please Jason is there anything you can suggest me please please. Thank you , asylum is very hard.
This is sometimes a problem and I do not know why – people get the EAD receipt, but then USPS fails to deliver the card itself. Maybe if you have a PO box address, that is more secure – you could try that. I think it is not expensive. Also, you can Google “USPS informed delivery” and sign up for that (if it is available in your area). This will give am email notification of what mail is coming to you, so you can know when the card is arriving and take action more quickly if there is a problem (or maybe stand next to your mail box and wait for the card to arrive). Good luck, Jason
Thank you jason i will do that
Hi Jason,
Recently my Asylee Derivative is approved while I am in the USA. I was expecting to receive my EAD automatically after approval of my case. However, It didn’t happen. Therefore, I applied for the EAD almost a month ago. How long does it take to get it? This is my first ever EAD. Thank you.
I do not know, but I would guess several months – first time EADs for principal applicants after the grant take maybe 2 to 4 months these days, so maybe it is the same. Take care, Jason
Hi Asylee
Congrats for approval. Could you please tell how long it took for your approval of i730 ?
Hi Jason,
I have been waiting for asylum interview for more than four years and there is no hope to get interview soon. my fiancé is green card holder and she can apply for citizenship in November 2020. with this situation, if the asylum does not work, do you think I stay in safe side? we decide to file form I130 next month, it would be better to wait to file i130 or files the form sooner.
thank you
It is up to you – unless you are “in status” (and asylum pending does not count), you would probably have to leave the US to get your GC based on the marriage if you wife is a resident. However, once your wife is a citizen, you can probably get your GC without leaving the US. There are exceptions both ways, but that is the general rule – talk to a lawyer to be sure what applies to you. In terms of timing, it probably makes little difference if she files the I-130 now or she files it when you file the other forms for the GC. Maybe it is faster to file now, but I do not know. I wrote about these issues on August 8, 2018 and August 28, 2018. Take care, Jason
As part of celebrating my case being on seven years old pending a decision with three conducted interviews, I called the congressman office. I know that seeking the congressman office was useless in ALL the examples I have seen on the asylumist community; but that was the only thing I have to try since I cannot file a mandamus for personal matters.
The congressman, as usual, didn’t call back with the updates he got from the AO; so I had to call back them again today to see what is the response fromt the AO. They said that the AO emailed them sayig: “the case continues to be on pending status because of the presedential instructions on asylum cases”. I am pretty confident it is meaningless. But it was just a bit funny seeing the AO, each time, seeks different excuses on why keeping the case on pending status.
I am not sure if the AO really connected my case with the presidential orders on asylum cases or if it was the congressman excuse to hide the real reason from me as they likely tend to hide information. I am not sure if there is a real presidential order asking to keep asylum cases on pending! I don’t believe so.
Anyway, the pain continues. I got used to it so I am not going to complain anymore. I am waiting “saftely” for my death day while I am unable to have a normal life.
So far, just to provide a summary on the AO reasons on they keep my case “pending”:
1- Becasue of the background security checks.
2- Because they need to schedule extra interview.
3- Pending because the HQ is reviewing the case.
4- Pending becasue it is pending!!!!! (I really received this answer; like “it is what it is”).
5- Pending in a compliance with the national security aspects.
6- Pending because of the presidential order.
Hi SYRIAN
I am really sorry for what you are going through. I cannot imagine myself in this situation. All I can say is that I wish you best of luck and hopefully you will get some good news soon.
Hi syrian
If your single marry someone here- if your with family no one cam kick you out-
If none work go canada
Simple as that- many did this it worked for them US IMMIGRATION is soo injustice one wait for years – a country of where its essence are immigrants,
They treated us like shiiittt
Hi ELII,
Do you know how it work if someone want to move to Canada? even if his visa is expired already?
We did a post on March 31, 2016 that might help on this point. Take care, Jason
My EAD expires in June 2020, pls when is the best time to apply for a renewal?
Thanks
The earliest you can apply is 180 days before the expiration date. Renewals are going slow – maybe 5 to 7 months in most cases, but when you get the receipt, it automatically extends the old card for 180 days. Take care, Jason
I would just add that before you go to Canada, talk to a lawyer there, as there are restrictions on asylum in Canada if you have been in the US previously. I have seen people who tried that get detained and returned to the US, so it is best to check with a Canadian lawyer before going. Take care, Jason
Hi syrian
Im syrian too
Im so sorry for you
Im waiting 4 years now
And send two inquiries by congressional
And they gave me the answer very quick
Case is pending because background check
I did. One interview
And im going to file sue against chicago office
If there is no answer by February 2020
I advace you to do it
If you need any help you can email me
m.rabih.j@hotmail.com
Good luck, and if you don’t mind, please let us know what happens, as that will help others. Take care, Jason
I have not seen the one about the presidential order (nor the one about “pending because it is pending,” which is hard to argue with). I do not know what order that refers to. I understand why people cannot do a mandamus lawsuit, but that may be your best bet of getting a decision – if you have documentation about these different excuses, it would be powerful evidence for a judge. Take care, Jason
Why wasting your time ? just go to Canada . If you haven’t done anything wrong then your no threat to anyone . Just go there and move on with your Life . We are all stocked up here . System is just broke
Are you in Canada yourself, or still stuck here with us? Just asking! Show us the way.
Dear
Hope everything is going fine. I follow this forum for about two years. And your posts helped me on expedited my asylum and I got approved before one year. And before some months I applied for my wife and daughter to come here from my country. Now they got the visa. Thank you sire again for ur help.
But I got one question, on my wife’s visa it says “class a or b tb requires attn of usphs at poe”. What is this? Here test on TB is negative. I am confusing about this. Please share your experiences and suggestions here. What can I do right now as she is coming after some weeks.
Thank you
@Tesfa, would you please share your time line and office. Possible reasons used that lead to ur expedition. Appreciated !
My timeline:
-Approved asylum on March 2018 by expedited-Newark office.
-Applied for my family i730 on April 2018
-Approved i730 after 8 months of application
-January 2019, NVS sent to the Embassy
-Embassy approved visa before some days.
I think this timeline is about average. Thank you for sharing, Jason
How long did you wait before being interviewed ?
I do not know about that, but it sounds like they need to do something upon her arrival, as POE = point of entry. If she had a TB test and it is negative, maybe she should have a copy of the test with her to show upon arrival, if they ask. Take care, Jason
Share time line and office please . Thank you
great piece.
Hi Jason your posts are always very helpful. I am an alien living lawfully here in US and waiting for my assylum interview and approval inshaAllah. I want to meet my mother as she is not well. She resides with my brother in the 3rd country Qatar,other than my home country,Pakistan. I wanted to ask you is advance parole reliable, does it assures to comeback US easily or will there be any issue. Please let me know as I am very much worried about my mom. Thanks in advance.
I wrote a post about AP on March 30, 2017. It can be difficult to get, as USCIS wants you to give a “humanitarian” reason – in your case that could be a letter from your mother and her doctor, and proof she is in Qatar. Also, they sometimes only grant it for a short time, so request multiple entry and tell them you plan to travel about 6 months after filing and again maybe 1 year after filing. Assuming you get it, it is safe to travel, except to the home country. I have never heard of anyone with AP being refused re-entry, as long as the document is valid. Take care, Jason
Thank you Dear Jason,
Never missed a single post for the last three years. I found this article so precise and very helpful. It answer many of the question an asylum seeker has. Astounding.
I filed Arlington office , oct 1/2016.. still pending… buffering. Waiting the PC to draw my future.
There doesn’t appear to be any future for us…
I am not that pessimistic – I think they are slowly increasing the number of officers, and I do expect them to increase the number of interviews, but we shall see – I have been expecting that for a while now, and it has not really happened, at least in most asylum offices. Take care, Jason
Thank you – The computer (I presume a C-64) randomly chooses newly-filed cases for interviews. I believe backlog cases like yours are done in the order received (at least this is how they go through cases in VA). Given that they are barely interviewing new cases, which have priority, no one can say when they will get to backlog cases. Of course, this is one of the exact questions I submitted to the Asylum Division Stakeholder meeting, which has now been canceled, so I am not sure how they are addressing the backlog cases at the different offices (though in VA, I believe it is still oldest to newest). Take care, Jason