The latest data on asylum grant rates in Immigration Court is out, and as expected, the news is not great. Overall asylum grant rates in court continued to decline in FY 2019, but the news is not all bad. Courts adjudicated a record number of asylum cases this past year: 67,406, up from 42,224 last year and 19,779 in FY2015. Many cases are still being granted. Indeed, even though grant rates are down, in absolute numbers, more asylum cases are being approved than ever (this is because the total number of asylum cases adjudicated is way up). Also, the percentage of applicants represented by attorneys continues to climb (slowly). Here, we’ll take a look at the newest data and what it means for asylum applicants.
Let’s start with the bad news (so no one can accuse me of being an optimist). In FY2019, 69% of asylum seekers were denied asylum or other relief in Immigration Court. This continues a negative trend that began in FY2012, when the overall denial rate was at an all time low–only about 42% of asylum applicants were denied in that glorious year. Since then, denial rates have been steadily climbing. Last year (FY2018), the overall denial rate was 65%. Despite the general negative trend, if we break down the reasons behind the high denial rate, perhaps we can find a silver lining.
One factor affecting the overall denial rate was the large number of decisions for cases where the applicant was not represented by an attorney. For unrepresented applicants, the denial rate was 84%. Interestingly, unrepresented cases move much more quickly than represented cases: 45.3% of unrepresented cases that started in FY2019 were resolved in FY2019. In contrast, only 9.7% of represented cases that began in FY2019 have been decided. I suspect that many of the unrepresented cases are for detained applicants, as such cases tend to go much faster than non-detained cases (since the government does not like to pay for incarceration). Also, it may be that some unrepresented applicants who are recent arrivals in the U.S. have their cases adjudicated on an expedited basis.
Another major factor affecting denial rates is country of origin. Four of the top five source countries for asylum seekers are El Salvador, Guatemala, Mexico, and Honduras. Together, these countries represented about 22% of all asylum cases decided in Immigration Court in FY2019. But for various reasons (harsh U.S. laws, difficulty proving nexus), these countries tend to have higher-than-average asylum denial rates–in the range of 80% denials. So if you factor out these four countries, the overall denial rate would be lower (if you are from one of these countries, it is very helpful to talk to a lawyer and think through the most effective way to present your case). You can look up the success rate for people from your country here (this data can be broken down by court, but not by individual judge).
Other factors that contribute to the high denial rate include detained cases and one-year-bar cases, which are both harder to win than non-detained cases and cases filed on time. A final–and unexpected–factor in the high denial rate is the government shut-down of January 2019. During that period, only detained cases were adjudicated, and since such cases are more difficult to win, the denial rate during the shut-down shot up to nearly 75%. This in turn pushed up the overall denial rate for the year.
For asylum seekers who are wondering about the likelihood of success in court, all these variables must be considered. If you are represented by an attorney, if you are not from Central America or Mexico, if you are not detained, and if you file your case on time, the overall asylum denial rate should be significantly better than 69%. So I guess that is good news, sort-of.
But of course, overall denial rates are of little consequence given that grant rates vary by judge (sometimes quite dramatically). To find the name of your Immigration Judge (“IJ”), call 800-898-7180. When the machine answers, follow the instructions and enter your Alien number. You can then press “1” and hear your next court date and–hopefully–the name of your IJ. If your IJ is not listed in the system, it may mean that no one is yet assigned to the case, but you can double check by calling the Immigration Court directly and asking the receptionist whether your case is assigned to a judge. Once you know your judge’s name, you can look here to find asylum denial rates for your particular IJ (for new judges, there may be no data available).
A few points about the individual IJ data: First, it is probably best to look at the most current denial rate (FY2019), since recent (negative) changes in the law may have affected the percentage of cases judges approve. Thus, the older data may be less relevant to a case today. Second, as we discussed, representation rates and country of origin affect overall grant rates. If you scroll to the bottom of the IJ’s page, you can get some idea of the representation rate before that judge, as well as the source countries for asylum seekers that the judge sees. If the IJ adjudicates many unrepresented cases, and/or many cases from Central America and Mexico, this may increase that IJ’s denial rate. Finally, some IJs decide large numbers of detained cases and this would also negatively affect the judge’s grant rate (the data that I see does not list the percentage of detained cases decided by each judge).
Having said all this, I am not sure how useful it is. Unless you move, you have basically no control over who will be your judge. It is better, I think, to focus on what you can control: Gathering evidence and witnesses, preparing your case, and finding a competent attorney. In my experience, most IJs are fair and will listen to your case. The biggest factor in determining whether you win is usually the case itself, and the most productive thing you can do is focus on the variables you can control, and present the strongest case possible.
Finally, I would be remiss not to thank TRAC Immigration for their continued superb work gathering Immigration Court data (often under difficult circumstances). So thank you, TRAC, and keep up the good work.
Hi Jason,
Thanks a lot for this informative site.
I received a notice to appear at the immigration court. The reason I was denied was inconsistencies in the testimony and application. Since my application in 2015, I finished residency training and I am currently a Board Certified Internal Medicine physician and work at a very prestigious hospital. Here are my questions
Do you think the fact I am a physician and have no criminal history , will increase my chance of winning?
Am I eligible for NIW?
My court date is in May. Will I get the response at the same hearing?
My country of origin is Somalia. Can I apply for temporary protected status for relief?
Thanks!
1 – It should have no effect, as the case should be decided on the merits. However, in my experience, people who are well educated and speak English tend to do better than people who are less educated and do not speak English. Either way, you still need to prove your case to win. 2 – Possibly, but you would probably need to leave the US to get the GC, and this will be difficult if not impossible given that you now have a court case. I wrote about this issue on August 28, 2018 – maybe that would help, but if you think you might qualify, talk to a lawyer to be sure (and be sure to have the lawyer map out in writing how you will get from your current situation to a GC, in order to protect yourself). 3 – If that is the final hearing, you will probably get a decision that day (but not always). If it is a Master Calendar Hearing, you will have a date sent for your final hearing. Given the pandemic, it seems likely to me that court will not have resumed by May, but you never know, so check before you go to court. 4 – I do not know, but my guess is that if you have not applied previously, you cannot apply now. USCIS should have a website about the requirements for TPS for Somalis, or talk to a lawyer. Take care, Jason
Sir my name is Ravi iam from florida.Sir my ead has been expied on november 1 2019.can i apply for renewal now
You can apply up to 180 days before the old card expires, and no earlier. So I think you cannot apply yet. Take care, Jason
Good day sir,
How are you doing today.. hope all is well? Once small I thank you and your team for all the hard work you have been doing to us immigrants.
I have a question. I have issues with my wife back in Cameroon which may cost a devoce, I wish to know if go into a devoce with her now will the devoce cost any issue with my case ? Please I need your advice on this . Secondly I have a baby boy of one year one month old here in the USA, will that also have anything issue with my case ? ..
Thanks and I will really appreciate your advice.
If you are talking about an asylum case, a divorce from your wife back home should not have any effect (unless maybe you fear persecution because of your marriage to her). Also, a child in the US should not effect an asylum case (again, unless someone wants to persecute you because of the child). Take care, Jason
hello everyone, I got a question and i will appreciate your feedback, my asylum case was pending 5 years for a decision. i had my interview 5 years ago till then i kept trying inquiries, so i just forget it , i checked my status this week thursday since then it saying error validation, but for the past couple of months it pending for decision so what does it mean? thanks
Hi,
I am not an expert nor I want to disappoint you but error validation is usually about a technical issue. It sometimes happens when you enter the wrong number.
You may want to ask help from your representative or senator to have an update. As the last option, there is a chance for you to go to court and urge USCIS to have a decision for your case.
I am waiting for a year after my interview. Pray for us to have our decisions soon.
Ok thanks , i will wait few days and check back, i did tried inquiries in different ways and my last is to go coourt and file mandamus lawsuit but lawyer said let us wait and hold this for awhile becouse of the risk of denial.
I do not know whether that has any meaning, but you can reach out to the asylum office directly and ask – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason! May I ask you if IJ and BIA deny your case, what happens next? You have no chance to stay here?
You can file a Petition for Review to the federal appeals court (basically, another appeal). That must be received by the court within 30 days of the BIA order. You can still be deported if you file a PFR, but the court can issue a stay of removal to block that. Whether it is worthwhile, depends on the case – talk to a lawyer about that. Sometimes, there are other options for people with an denial from the BIA, but again, it depends on the case, so talk to a lawyer. Most such options are time sensitive, so talk to a lawyer as soon as possible if you think you want to explore other options. Take care, Jason
Thank you! I am looking for an immigration lawyer right now. How about your firm do you take cases that are already sent to IC?
We do – we are located in Washington, DC. You are welcome to email me at jdzubow@dzubowlaw.com. Take care, Jason
Hello ,
I would like to ask you what is my approval chance if I have a US employer who can sponsor me green card while I am a pending asylum applicant waiting for a decision and TPS holder taking into account that I am from one of the travel banned countries? Do you recommend applying for I 140.The US employer will sponsor my wife who is not the main asylum applicant . Is it worth applying for this petition?
Thank you
It may be. I wrote about this on August 28, 2018 – maybe that would help. Also, the TPS status may help as well. Talk to a lawyer and have the lawyer map out all the steps – from where you are now until you have the green card, and explain how you will accomplish each step. You may want to get the plan in writing, as I have seen lawyers who start the I-140 process (and charge $$$) even though the person ultimately cannot get a green card. If you have it in writing from the lawyer, that should offer you some protection. Take care, Jason
Hi Jason,
I applied or asylum in 2015 and waiting for interview still. My company is willing to apply for green card for me. Can I apply for that while im waiting for asylum interview? I am not from the travel banned country.
Thank you.
Maybe – I wrote about this issue on August 28, 2018. You would want to talk to a lawyer about the specifics of your situation, and make sure the lawyer explains how you will get from where you are now to a GC, including whether you have to leave the US and how you will manage that. Take care, Jason
Thank you Jason, Do you know any lawyer or probabley yourself handles this type of case? i live Texas, Houston.
Thank you.
Sorry, I do not do such case and I cannot recommend a lawyer here. You can try http://www.aila.org – the lawyers listed there tend to be better than ones who are not members. Take care, Jason
Hi, Jason, I really love your work,
pending since November 2017, EAD expires in June 2020. when should i apply for extenstion and can 180 days apply after the expiration, if the extension is not produced?
God Bless,
You can apply to renew the EAD now. Once you get the receipt, your old EAD will be automatically extended for 180 days, which should be enough time to get the new EAD. Take care, Jason
Hi Jason,
Recently my I-730 got approved while I am (beneficiary) in the USA. I received my approval letter with I-94 though I haven’t received my EAD yet ( Applied for it separately based on the instruction of approval letter). I noticed at the online system that ” Department of State Sent My case to USCIS for Review”. What does this mean? Why my case was initially sent to DoS if I am already in the US? Do you think it is a standard procedure to send approved I-730 cases to DoS even if the person is already in the USA or that is mistaken action? I understand that USCIS usually forward the I-730 approval to NVC whenever the beneficiary is abroad.
Have you had this experience before for any of your clients? Should I be worried?
hi asylee
would you please share some timeline
1. when did you apply for i730 or where ?
I am also beneficiary in the USA for i730 petition .so far I did my fingerprint
we applied in December 1st
TSC. It took 22 months.
RP
Which service center did you filed ? Do they send you a finger print request upon receiving your request ? It is only 2 months. I filed July 25 TSC so far nothing changed.
Thanks,
Sambod
hi sambod
I am in Nebraska service center, they send me to fingerprint normal processing time and i am beneficiary in the USA my husband filed i730 for me
I have not seen this specifically, but I do not normally check that. If the I-730 is approved, I think you are fine, and that message is either a standard message for all approved I-730 forms, or it is an error. Take care, Jason
Hi JASON
Hope your doing good.
I know it’s too early to check with you but since yesterday I was nervous about the public charge rule.
I was checking your message 4times everyday till going to sleep. ( my self and my family opted Medicaid)
I have seen couple of post regarding this rule as you mentioned this rule is not applicable to Asylee are refugees.
But few minutes back I contacted USCIS ,they said this rule is going to applicable for all those who opted any public benefits.and moreover when we applying Green card the immigration officer have to decide whether to be approve are not to approve GC, based on our education, work history, financial backup and we ever used public benefits.
Please we all need your support and suggestion on this rule.
Many Thanks,
Asylees are exempt from the public charge rule by statute, so I think you are fine. I did a post on September 24, 2018, when this rule was proposed, that discusses this in more detail. Maybe that would help. Take care, Jason
Congress has exempted asylees from public charge role, because we are not regular immigrants, but people who are protected from danger and threats… in simple words US govt does not put us in any economical formula.
However, the public charge roles primary target people who are sponsored by employees, family members and etc.
The person who talked to you was probably not well informed of the rules and laws. I had read president Trump’s plan when it was banned. The plan had clearly exempted asyless and refugees as required by the law. So, even if President Trump wants to charge asylees, he can’t. For it to happen, Congress should vote on it, which isn’t likely and the idea has never been discussed.
I am not a lawyer, and my comment is purely based on my understanding of the immigration laws.
CY, I would not be surprised if USCIS officers deny adjustment of status to asylees for using public benefits even though the law says otherwise (explicitly, too). They will also feign ignorance, or claim error on their part just to inconvenience or confuse the applicant. The culprit for the potential denials could be the confusion in the media about public charge. But, I wouldn’t be surprised. In these times, noting surprises me.
Hello Jason,
The asylum system is killing me steadily. It has been over 3 years since I was interviewed. I tried all the venues, I mean Ombudsman, Congressman, and also went to the asylum office and submitted a request to have the decision expedited but it looks like they don’t care about me at all. My lawyer is against the idea of filling for a lawsuit nor even applying for an AP for me to leave the country and visit my reminder children. I am extremely depressed that I haven’t been able to eat for a long period of time. In three months, I have lost over 45 pounds and think I will soon disappear alive.
Here is my question, will it hurt if I found another lawyer for the lawsuit?
At this point, I think you can try a lawsuit if you want – we wrote about that on October 2, 2018. You can use a new lawyer for that if you want. However, if you want to apply for AP, you should do that before your lawsuit. If you file the lawsuit, you may get a negative decision and get sent to court. People in court cannot use AP. So if you want to do that, do it before the lawsuit. I wrote about AP on September 11, 2017. We have had people get it, travel, and return, so you might ask your lawyer if he has a specific concern about your case why AP is not appropriate. And with AP, you should not visit your home country. Take care, Jason
Thank you, Jason
Hi Jason, with the new public charge rule would it be impossible for many asylum-seekers who were granted green cards to bring their spouses, kids and or parents when they are citizens? these immigrants are likely to require public assistance at some point and I would like to know what sort of avenues will be available to overcome the public charge rule.
if the petitioner is well-to-do or above poverty line will this be enough to overcome the public charge rule?
I am not sure yet how the rule will be implemented, but if an asylee is filing an I-730, the public charge rule would not apply. If the asylee gets a GC or US citizenship, and then files for a relative, presumably the rule would apply. But I have not looked at it yet, and so I do not know how to deal with that. I suppose if that is the situation, you would do well to consult with a lawyer, especially at this stage, where we are still figuring out how this will work. Take care, Jason
Hello Jason, I have a question about asylum clock. I check my case status everyday and my clock is not running for 23 days now. It says decision pending, ead clock is currently running. Has it happened to anyone here? Or it is just a system glitch? Thank you!
We have seen some issues with the clock for our clients, but as far as I know, it does not indicate anything. I think you just have to wait for a decision. You can also inquire about your case with the asylum office – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason , i have a question regarding the new Supreme Court decision today for the public charge issue , iam an asylee since 2017 , pending gc application for 2 years now and received medicaid in the past and answered yes to the public charge questions on the i485 application that asks if you are receiving and may receive in the future with yes , but stopped medicaid like a year ago and not getting any public charge benefit! Whats my status now ? Am i goona be denied the gc or whats gonna happen !
Thanks in advance!
The public charge rule does not apply to asylees, so there should be no issue. Take care, Jason
Hi Jason,
I am a Derivative Aslyee ( Approved last year). Prior to my asylee status, I was on a student visa. While student, I worked with a professor in another school and also I worked in summers at my school. Now, I plan to apply for GC based on my asylum status. There is a question and says If I worked illegally. I do not know how to answer this question. Although I paid taxes and did filled all the required documentations in both places that I worked, am I still worked illegally? The worst case scenario, If I worked illegally, do you think they will reject my asylum based GC based on my illegal work while I was on student VISA?
From what you said, I do not know whether you worked illegally. You could talk to a lawyer to analyze that, as you do not want to answer the question wrong. In the alternative, you could write “yes”, circle the question, and next to it, write, “see cover letter.” In the cover letter you can explain what happened and explain that you do not think that the work was illegal, but you are not sure. If the work was illegal, it should have no effect on your asylum status. It could – in theory – require a refugee waiver (under INA 209(c)) to get the GC. I highly doubt that would be needed, but if it is needed, it is pretty easy to get (and free) and it is better to do it now, since it is much harder to fix things like this once you have a GC. Take care, Jason
Hi Jason,
I applied at November 2015 and had interview at June 2019 and since then I am decision pending .Can my wife apply for immigration to Canada ? Dose it affect our asylum application ?
I do not know, but I have had clients who tried to go to Canada and ended up detained in the US. So if you want to try that, talk to a lawyer in Canada first to know your options. Take care, Jason
I filed asylum in December 2018 and interviewed in Jan 2019 while in status in H1B Status in San Francisco. I received decision from SF last week I received Notice to Appear (refer to immigration court) and a notice stating why my Asylum is not granted (not a final decision). I am very confident that I am still in status and have all the proof to support my claim. But my question is should I go back to Asylum Office and explain them that I am in status and get NOID or should I follow direction in the letter where it says that my current jurisdiction over my asylum application is with immigration court and just explain to judge that I am currently in status and also explain my asylum situation.
I have not heard anyone with valid status being referred to Immigration court before and do you think the judge will also hear my asylum claim while I also prove that I am in status? If judge says that I am in status then wouldn’t he again ask me to go back to asylum office and get NOID instead? I am very confused. Jason can you share your experience in such case or any recommendation?
If you check the Notice to Appear, it should explain why DHS thinks that you are no longer in status. If that is wrong, and if you have evidence, I would email the asylum office and provide an explanation and evidence, and ask them to take the decision back and issue a NOID. You can find their email if you follow the link at right called Asylum Office Locator. They may take the case back and cancel the NTA, but I think they will probably not give you a NOID. Maybe, but I do not feel confident about that. If that does not work, the alternative is to go to court and provide the judge and DHS with evidence that you are still in-status and ask them to terminate the court case. If that works, you will be back in H1b status and you can either find another way to stay or re-file for asylum (or maybe ask the asylum office to refer your case to court without an interview once your status expires). In short, there are a lot of option, so maybe you want to talk to a lawyer for more specific advice. Take care, Jason
Dear Jasón , I am happy I got my case approved …! Now I got question for you please , I left my birth certifiCate and my daughters when I handed my application . Can I request it from asylum office or is it risky ? Please advise how to retrieve this document for when I apply for green card please thank you
The sooner you ask for them, the better. You might try contacting the asylum office directly to ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. If not, you might try form G-884, available at http://www.uscis.gov, which is to ask for the return of original documents. Take care, Jason
But this wont cause issues with my approval right?
I really do not see how it could. Take care, Jason
Jason,
I applied for asylum 1st week of Sept 2015. No answer whatsoever. I do not have immediate family to expedite my case back home, but I am loosing my mind over this wait, and I mean it. Is there any webpage we can interfere some data as to what cases is my asylum office reviewing currently?
Thanks
There used to be a website that gave an idea about this, but USCIS took that down a couple years ago. You can also try to expedite for a mental or physical health reason. If you have some evidence (letter from a doctor) that is probably more likely to work than family separation as a reason for expediting. Anyway, you can certainly try if you want – I wrote about expediting on March 30, 2017. Take care, Jason
I feel you Kayla. I have been in the same shoes as you since 2015. Loosingny mind, sleeping and waking up empty + plus fear of the outcome after hanging in the balance for years.
Join the club 🙂 Stay strong that’s all I can say.
Jason,
Thanks for replying. Based on what legal grounds could USCIS change the system from FIFO to LIFO? I mean INA Immigration and Nationality Act 208(d)(5) indicated that asylum interview should take place within 45 days. How come USCIS can adopt an immigration reform that dates back in 1995 instead of complying with what INA says?
There is an exception to the 45-day rule for exceptional circumstances, and apparently, almost all cases are exceptional. For me, the change from FIFO to LIFO is not the main problem (though it is unfair). It is the constant changes to law rules to use the immigration bureaucracy – which is meant to facilitate the implementation of the law – as a weapon to block people from obtaining benefits to which they are entitled under the law. Take care, Jason
Jason, I 1000% agree with you!
Dear Jason and Asylum seekers community.
My case (I-730, Refugee/Asylee Relative Petition) was received at my Local Office / Jurisdiction office. I contacted the uscis and the response was ” we have placed your case on a proceesing hold because the required security checks remain pending”. My question for you guys is, how long approximately is going to take the processing of security checks for a person from Middle East?
any prediction?
Thanks in advance for any kind of assistance.
Unfortunately, we have seen all sorts of delays – long and short – for security background checks, and so I do not know how long it would be. In a situation like this, you might want to reach out to your Congress office to see whether they might do an inquiry for you. Maybe they can learn something more. If you want to try that, there are links to the House of Representatives and Senate at right. Take care, Jason
Dear jason
I hope things are going good at your end!!
I have a pending asylum decision at Arlington since September 2019 five month- though i dont have lawyer i submitted online to ombudsman office to help me with the decision!!!
First im confirming it whether i sent DHS form 7001 its an online forms ??? Is that ok I already submitted and received a confirmation in my email!!!
Second how soon ombudsman office reply is it thru email or mail!?
My last concern is that can an individual do that without a help of a lawyer!!
Appreciate if you can clarify my above concerns
When should I expect a response???
Im soo tired !!!!
A girl from Afghanistan picked up her decision after 15 days of her interview!!! But for me its been five month for God sake they dont issuss a decison
A delay of this length is fairly common in Virginia, so I think it is nothing to worry about. It is fine to inquire with the Ombudsman – sometimes they help with a delay. It usually takes them a few months to provide a substantive response. Also, it is fine to do this without a lawyer. At least I do not think having a lawyer would normally make much difference in terms of the time frame for the decision. Take care, Jason
Hi Jason
Is it possible to file a mandamus lawsuit due to multiple delays in immigration court (asylum) ?
Thanks
H
It is, but whether that would work, I do not know. Talk to a lawyer about the possibility in your specific case. Take care, Jason
Hi JASON DZUBOW
I have summited a motion. It passed their months but no answer yet. Or not reviewed. I called the clerk and she told me not reviewed. Starting after the new year the phone is not responding. I was going physically as you told me but the lady told me not yet seen. So I am worried very much. The problem back home is getting worse and strongly frustrated for my family. As a result, I am getting sick. What do you say? Is there any way to get revised?
Thank you
God bless!
Unfortunately, it is difficult to make go faster. You can submit another motion – call it an “Emergency Motion” and provide evidence about the danger to your family. If that fails, you might consider a mandamus lawsuit to force things along. You would have to talk to a lawyer about that. Take care, Jason
Dear Jasón , when applying for a green card USCIS asks for birth certificate … but in my country birth verticged are not issues the day you are born but rather later on and I have a newly issued one years later , will this be a problem ? Merci
It may be. The best thing to do is to prepare whatever you have and submit that. You can also Google “state department reciprocity and civil documents” and find out whether the US government thinks a birth certificate is available to you, and maybe what other documents could be used in lieu of a contemporaneous birth certificate. Take care, Jason
Hello Jason!
Per your experience or knowledge, what was the longest wait time for interview ?
Thanks!
We have some clients waiting since early 2015. I have one case that has been ongoing since the 1980s, but that has been through numerous iterations (and lawyers). The asylum office has indicated that things will be speeding up very soon, so some of the older cases may start getting interviews. Take care, Jason
Can u please tell by your experience how long to wait more for interview in newyork we applied in march 2016
No one knows, as they no longer publish info about how they are scheduling cases. Things do seem to be speeding up in general, so maybe there is some hope. Also, if you have a reason, you can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason I have a question about my case if you can help me. I applied for the asylum and my interview is in 4 months. I came with B visa, but my husband came with D visa, he came in 2015. My question is: will he have asylum at the same time as me? The asylum will be granted for both of us? If I can get clarification about the D visa. Thanks.
There are restrictions on D visas and asylum, but I am not sure how they work if the person is a dependent (not a principal) applicant. If the D visa person is a principal applicant, I believe he must file for asylum within 10 days of arriving and the case will be heard by an Immigration Judge. But if he is a dependent, I do not know whether the asylum office can grant him asylum with you, or whether you have to file an I-730 for him. If you have a lawyer, it may be worth researching this question. On the other hand, it may not make any difference at this point, since the case is already filed – once you have a decision, you can figure out the next step. Take care, Jason
Hello dear jason , being an asylee and applying for cash assistance… will this affect my eligibility for a green card ? or are we exempt from being a public charge . I will appreciate your advise. Thank you
Asylees are exempt from the public charge requirement. Take care, Jason
Hi, thanks for your work. With the new rules, are asylees still exempted?
Asylees are still exempt from the public charge rules. Take care, Jason
same question as above
Hi Jason; I am a pending asylum on a F-2 (student’s dependent) status. I wanted to apply to change my status from F-2 to F-1. In the form it asks about if I have ever filed for any immigration petition? Is asylum application an immigration petition? Should I answer “yes”. I doubt it as Asylum has not violated my current status. Any chances for a F2 changing status to F1 while asylum application is pending? Thanks
I am not completely sure, but it seems to me that you have to say “yes” and explain that you applied for asylum. Whether that will block you from switching to F-1, I do not know, but it certainly could (since F-1 people are supposed to leave at the end of their studies and you have expressed your desire to stay here permanently by filing for asylum). If that does not work, you should be able to attend school using the EAD from your asylum pending case. Take care, Jason
one of my friend applied for asylum and he was also in f2 status. he was able to change his status from f2 to f1 in 2016.
Hi Jason,
Can I ask…Have you had people who are affirmative case (pending interview) successfully got approved advance parole recently ? I was told that USCIS no longer issues AP for pending I-589s now…
Yes
I was approved advance parole nov 2019
And i travel also with that in nov 2019
My ap valid till nov 2020
May I ask how long did you wait after you submitted ur I-131 form ?
hi asylum seeker,
all processed to get advance parole took me almost six and half month
I just send form I 131 and cover latter why I need advance parole.
Hi Sabi what reason did you use for your AP application?
Did you have any issues on the airport when you were coming back?
How long did you leave US for?
Thank you.
Hi, thanks very much for the data point ! 🙂
I think so, at least within the last year. I have not heard about USCIS stopping AP for people with asylum pending, though it does seem more difficult to get lately. Take care, Jason
Hi Jason,
Thank you for this information. Based on these statistics, can you rank the top 5 states with best grant rates in IJ court? What is your opinion about New York state and is it getting stricter in terms of denial of cases?
You would have to look at the stats to decide which are the top 5. But I do not think that would be a very useful exercise. Some courts have many good IJs, but a few bad ones, and so you might land on a bad judges even in a good court. Also, different courts have different types of cases, and that influences outcomes, so if your case is different than a “normal” case at that court, it could also make a difference. Most courts are, on average, getting harder. This is due to changes in the law that make it more difficult to win cases. For various reasons, these changes affect Central Americans and Mexicans more than most people from other countries, but overall, this has a negative affect on outcomes. Take care, Jason
Hello Jason,
My IH is March 30th, my judge’s name wasn’t on trac record last year but just checked and found the name on the list. He’s got an approval rate of 8perdebt and denial rate of 92 percent. This just threw me off balance and making me worried. I hope I don’t die of depression .
I am not a lawyer, and I have very shallow information about the court system. However, I wish that you survive the trial. My advice that you should not count too much on the statistics. Maybe many who are ineligible for asylum or those with poor cases have been thrown into the pool of this judge; that is why he might have a higher denial rate. Trust your case, if you have a strong one, you should be ok. The criteria of denial at court are different from the ones at the asylum office. I say to educate yourself about the asylum bars at the court so you know how to represent the case the right way. (don’t leave this portion to your lawyer alone; you should be educated before the trial).
Good luck
It means the judge is probably new. As for the denial rate, that is cause for concern. However, it would be helpful to know more. Maybe this judge did many detained cases in FY2019, for example. Or maybe the IJ was deployed to the border, where most cases are denied. If so, the grant rate for non-detained cases may be better. Unfortunately, there is not much you can do about who is your IJ. If you learn that the judge really does have such a low grant rate, I suppose you could try to move to another state and hope for a better judge. Otherwise, you have to prepare your case as best you can, and realize that a strong case can win even with a difficult judge. Take care, Jason
But won’t moving to another state cast some shadow/doubts ? The IJ may wonder why does this person move. Is s/he trying to avoid harsh judges ? Will some IJ think that ?
Maybe, and some IJs may refuse to move a case, but we have done it before when things have been particularly bad. Make sure you have solid evidence that you live in the new location. Take care, Jason
Hi , did get the approval for AP
Dear Jason, when applying for green card based on asylum. The dependent on the case have file separately and pay their own fees, or is it one application with one fee? thank you
Each person must file independently and pay the fee. Check the fees, though, as sometimes children who apply at the same time as parents can pay a lesser fee. Take care, Jason
Hello Jason, thanks for sharing this information, especially the link to TRAK. It is very useful, we can see the whole data. I hope we can check the results of the decision by the USCIS, not the court. Thanks
That data was just released (finally) and I will try to write a blog post about it in the coming weeks. Take care, Jason
I checked the statistic of i-485 for asylee
The whole 2019 FY
TSC worked very slowly the last quarter only 900 cases were approved
Nebraska were approved more than 10000 cases
What wrong with TSC ?
Thank you
Interesting. My case was sent to TSC. And it’s been more than 9 months and still no fingerprint appointment. I was wondering too was is taking so long.
Thanks,
Depending on the type of case, USCIS does not always need fingerprints. If you have the receipt, you should be ok, but if you are worried about this, you may want to try calling USICS at 800-375-5283, and talk to a person to make sure everything is alright. Take care, Jason
I do not know, but as resources shift around, some cases will move faster and others will move slower. As for TSC, you will never get me to say anything positive about that office, as I am not a fan. Take care, Jason
Dear Jason,
After granted asylum on 8 January 2020, the online status has changed from applications fee were waived to new cards is being produced. What does it mean?
Presumably, they are sending you a new EAD based on asylum granted (category a-5). Congratulations on the grant! Jason
Hi Jason and blog followers
Have you seen anyone recently applied to asylum (Nebraska Main Office) and gotten a receit from USCIS? It’s been 6 weeks since my file got delivered to USCIS but I have not received any receit. I know it is taking longer now but wondering if this long time has been passed for anyone and he has gotten a receit? If ao, how long it would have taken?
Hi EDVARDO,
I filed to the same office but have not get my receipt.
Hi waiting. Thanks for the reply. May I ask when did you file your case?
Hi EDVARDO,
I am not sure if you remember we were discussing about the rejecting case because of the “N/A” and “expired form”. I refilled it in December after rejected for two times before the holiday and still no response. Was yours get rejected because of the expired form ?
If it is any comfort –I filed on Jan 7 (delivered Jan 9) to CA Service Center. No receipt so far. Emailed LA Asylum Office. They don’t have any A number generated either, so it does seem slow
We are still waiting for some receipts from early December, so I think 6 weeks is not very unusual. I would expect the receipts pretty soon, though. Hopefully, in the next few weeks. Take care, Jason
Dear Jason,
May you please, explain to me the following:
When the sub office tells you: your case was sent to the main office, it’s usual and normal that we send all the cases to the main office. It is not a bad sign , he said when I asked him. He added it’s with the supervisory officer for more review and for a background checks.
What did he mean, how positive or negative is this?
Thanks,
All cases must be approved by a supervisor and have a background check, so that is normal, and does not say anything good or bad about the outcome. I do not know about sending the case from the sub-office to the main office, but that may be normal too. If it was sent to headquarters (in Washington, DC), that is different – I wrote about that on October 20, 2015. Take care, Jason
Dear jason
I have pending case since 2016 no interview yet!!
My family and children are back in home country!
But my i have two brother and one sister all of them are US citizens- can they adjust my status!!! Please advise and what are the way i heard if your siblings are citizens they can do something for you
Hey ,Jason…how long does it take to receive your EAD after you submitted your application for EAD? Is there any difference between states to states?..if so, How is the processing time in Houston, Texas?..and Do you get your social security number together with it?.
Thank you Jason,
It depends on the reason for the EAD and probably the office. First time EADs based on asylum pending tend to be faster (though this may be changing for the worse), maybe 1 or 2 months. EAD renewals for asylum pending are slower, maybe 4 to 7 months. If you applied for the SSN when you sent in the I-765 form, you should receive that after you get the EAD. Take care, Jason
If you siblings are citizens, they can file for you, but the wait time it like 14 years (or more). You can see that if Google “DOS visa bulletin”. Also, it would likely require you to leave the US and get your GC overseas, so it is not very useful. Maybe you want to try to expedite the case based on family separation or some other reason. I wrote about that on March 30, 2017. Take care, Jason
Hello Jason,
I have pending asylum case and married with my husband who has green card.he is going sponser me for green card. I’m full time student f beside my pending asylum case and used my asylum work permit to work.can he sponser me to apply for GC without leaving the country?
Thank you
I think you probably can, but the answer is not clear (at least to me). It seems that if you are still in valid student status, you should be able to adjust without leaving the US, even if you have worked with an EAD. However, I have not looked into this recently, and things may be different now. Before you file all the papers (and spend all the money), it would be worthwhile to consult with a lawyer to double check this for you. Take care, Jason
Hi Dear Jason,
We are the one with EB2 and asylum pending cases. My husband applied for advance parole to hopefully be able to leave the country, do the interview in third country USA consulate and come back. Since it is the only possible option for him to be get his green card.
However my question now is about myself. I have OPT status besides being asylum derivative. What is the best option for me then? 1) Get AP, leave the country and do the same thing as him (interview in third country)? What would be the consequences?
2) Stay in USA, let him do the interview and if he gets the green card then adjust my status.
Thank you in advance
If you have a valid OPT status, you should be able to adjust status without leaving the US. That seems to me the better option, as it is less expensive, less difficult, and safer. You should definitely talk to a lawyer about this for you and for your husband, as this can be a difficult path, and it is best to have legal guidance. Take care, Jason
Hi,
I got interviewed almost 6months ago, Expedite the result 3months ago but yet not respond.
My lawyer got a letter saying my case has been forwarded to higher management for review and decision.
What do you think this means? Have you had instances like this before? Does this means my results will be good or not? I am a bit worry about it been send to higher management.
What do you think I can do about this?
Sometimes, they send a case to headquarters – I wrote about that on October 20, 2015. Cases sent to headquarters will probably have a long delay – last I heard (which was some time ago), the average wait at HQ was about a year. It may also be that the case is just with a supervisor in the local office. All cases must be reviewed by a supervisor, and in a case like that, the delay can be long or short. If there is no news after a while, you can contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason ,
Please when is the best time to Renew working Authorization (180 days or 150 days before the old one expire ?
Thanks
You can renew up to 180 days in advance. Do not send it any earlier than that, or it could be rejected as filed too soon. Take care, Jason
Dear Jason
Im a pending asylum from Afghanistan living in Denver Colorado its been four years no interview yet! Do you know which year Denver Colorado is interviewing!!
Since there is no clue my family back in home country im over 50s its going to be hard for my family to be away!
Now im planning to go back despite its risky but because of my family im going back !
My question is should I withdraw my case ?
My passport is expired too!
What should i do now im deciding to go back? Since no clue here!!!
Should i renew my passport or what?? Please advise me
They no longer publish a schedule of who is being interviewed, and so there is no way to know when your case might be interviewed. You might try expediting the case – that sometimes works. I wrote about it on March 30, 2017. As for going back, you would need some type of document to travel, so I guess you have to renew your passport. If you leave, you can contact the asylum office and ask them how to withdraw the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear jason
Its been four months since my interview and my case wasn’t presented by attorney too!!! I have never hired an attorney!!
Do you think they will deny my case?
It is common to see delays like this, and it does not indicate anything good or bad. You can contact the asylum office to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks for this information, Jason.