It’s rare that you’ll find the words “USCIS” and “fast” in the same sentence, unless there’s a “not” in there somewhere. The agency that processes U.S. immigration benefits is not known for its lightning speed. But if you’re in a hurry, it is possible to expedite your case. USCIS does not always agree to expedite requests, but there is usually nothing to lose by trying.
In fact, USCIS has an entire web page devoted to expedite requests. Note that this page is not for asylum cases. I wrote about expediting asylum cases here. Also, the web page does not provide information about expediting cases outside the United States. For refugees (not asylees) outside the U.S., there is some limited information about expediting here. And for humanitarian parole applications for people outside the country, there is some information about expediting available here. Finally, if a case has already been processed by USCIS and is now with the U.S. Department of State, you can find some information about expediting here. Also, you can contact the relevant U.S. Embassy directly to ask for help.
For cases being processed inside the country, the USCIS web page provides guidance for how to make an expedite request. Such cases include Employment Authorization Documents (“EAD”), I-730 petitions, Advance Parole, Refugee Travel Documents, applications for Lawful Permanent Residency (the green card), and applications for citizenship.
USCIS considers all expedite requests on a case-by-case basis, and has sole discretion to decide to grant or deny such a request. This basically means that you are asking USCIS to do you a favor (expedite), and if they refuse, there is usually not much to be done. Also, in making an expedite request, USCIS requires documentation to support your claim. USCIS will not expedite any case where premium processing is available (usually, these are cases involving employment-based applications where you pay an extra fee for fast processing).
USCIS lists the following criteria for expediting a case–
- Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to: (1) File the benefit request or the expedite request in a reasonable time frame, or (2) Respond to any requests for additional evidence in a reasonably timely manner;
- Urgent humanitarian reasons;
- Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
- Clear USCIS error.
USCIS indicates that “severe financial loss to a company,” means that the company is at risk of failure. For an EAD, you would want to show an equivalent level of difficulty for the individual. Maybe the person will become homeless or be unable to cover medical bills. Whatever the reason, you must show that you are not able to “withstand the temporary financial loss that is the natural result of normal processing times.”
Cases can also be expedited based on “urgent humanitarian reasons.” The most common examples are health problems (mental or physical, for you or a family member) and safety issues (maybe you are petitioning for a relative who is in danger in his home country).
If you can link your case to a “compelling U.S. government interest,” that could be another reason to expedite. Maybe you are involved with U.S. national security work, for example, and you need to expedite on that basis.
Finally, if USCIS has made a clear error, you can ask them to expedite a case to correct the error, or maybe even a subsequent case that has been delayed due to the previous error.
Whatever the reason for the expedite request, you would want to provide documentation: A letter from the doctor or your employer, medical records, evidence that your family members are living in unsafe circumstances (letters from your relatives or others who know about the problem, police reports, medical reports, country condition evidence), evidence of financial hardship, a USCIS letter admitting to their error, etc.
You can make a request to expedite at the time you file your case or anytime after you receive the receipt.
The better approach is probably to make the expedite request when you file. Include a cover letter that clearly indicates that you want to expedite (you can highlight or underline the fact that you are requesting expedition). In the cover letter, include an explanation about why you need to expedite. I prefer to keep my explanations short. In part, this is because I am lazy, but also, I think busy people at USCIS are more likely to read a short and to-the-point explanation than a long, involved explanation. Finally, along with the other evidence required for your application, include documentation supporting your request to expedite.
If you have already filed your application and now seek to expedite, the best approach is to call USCIS at 800-375-5283 (they also have a TTY line at 800-767-1833). To make this call, you will need the receipt number for your application. It is not so easy to reach a real person, but once you do, USCIS will create a service request and forwarded it to the appropriate office. After that, USCIS may request additional evidence in support of your request.
If, after making the expedite request at the time of filing or later on, you do not receive a timely response, you can call USCIS to follow up.
USCIS will (hopefully) agree to expedite the case. For applications that are completed in one step (EAD, Advance Parole, Refugee Travel Document), you should receive a decision in the case and–if all goes well–the requested document. For applications involving more than one step (an I-730 for a relative abroad, for example), the first step will be expedited, but subsequent steps will not necessarily be expedited. So for the I-730, you might still need to contact the State Department or the appropriate U.S. Embassy in order to keep things moving.
If USCIS denies the expedite request, it does not mean that they will deny the application. It only means that they will not reach a decision in an expedited time-frame (conversely, just because USCIS agrees to expedite a case does not mean that they will approve the application).
In our office, we sometimes make expedite requests for our clients. It does not always work, but sometimes it does (this always surprises me), and it can save significant time. For asylum seekers and asylees, many of whom have urgent needs, this can be a real life saver. To maximize your chances for success, you need a strong reason to expedite and documents to support your request. For such cases, USCIS will evaluate the request and–sometimes–expedite your case.
Hi Jason,
So my expedite request for asylum-based I-485 was denied without even looking at the evidence. It has been pending for almost a year now. What else do you suggest? Do you think mailing the evidence for expedite request to National Benefits Center where my case is currently pending or local Field Office without them asking for it will have any beneficial effect?
Thanks
I doubt mailing evidence to an office that does not have your case will help, so I guess you can mail it to the NBC, if you think it is there. I am not sure that would accomplish anything. You could try to ask your Congress person for help – you can find the email if you follow the link under Resources called House of Representatives or Senate. Maybe you could do a mandamus, though you would need to talk to a lawyer about that, as it may not be possible given that the case is likely within the “normal” processing time. Otherwise, you can try again to expedite as you did before and maybe you will have better luck if you try again. Take care, Jason
Hi Jason,
I do not see the documents tab under my I-485 case in my USCIS online account. Do you know why?
I do not know why – I do not do a lot with the USCIS portal, as I do not like it, but when you fill the form and go from one page to the next, you should get to a page where you can upload documents. You should also be able to view documents that have been uploaded already. There have been some technical issues with the portal recently that I heard about, and so maybe if you try again, it will be working. Take care, Jason
For EAD application, there’s a document section but not for 485.
That seems very strange, as documents are required to apply for a green card using form I-485. Maybe something is wrong with the portal or maybe you can talk to a lawyer who knows more about the online filing than me, as there should be a way to do it. Take care, Jason
Jason, is there any other way to request for expedited processing other than calling uscis? Like email or mail maybe? My i485(based on asylum) is pending after 3 years. I called to expedite and it was denied, ombudsman office says case is pending normal. They processing times are rapidly increasing and so is the inquiry date. It seems you will never be able to inquire about your case!
You could try USCIS Help (a link is under Resources). You could also try your Congress person (links are also under Resources – for Senate and House of Representatives). I think you can try all these options, as each one is difficult in its own way, but maybe something will help. Take care, Jason
Hi Jason,
I sent the expedited interview request to the VA office on Dec 27, 2021. And I have not received a decision. Is that normal? Should I send my request again? Thank you!
The Asylum Office? If so, they are not responding to most requests, so this is normal. We are getting some rejection letters after a few months. Other cases are being scheduled after a few months (for example, I have one next week where the expedite request was filed in September). We give them 90 days before we make an inquiry, but you can inquire at any time. Take care, Jason
Hi, how long will take after asylum expedite request reviewed and approved for schedule interview in Houston asylum office?
Soon forget to mention After received expedite request approved notice from USCIS ?
I do not know specifically about Houston, but generally, it takes a couple months. If you do not hear anything in maybe 60 days, you should email them and remind them. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thankyou for reply and how about your experience how long they took for schedule interview for asylum expedite request and if us home land security send expedite request approved it’s 100 % they will take interview?
Most expedite requests are denied, but if they accept a request (especially these days, since they are doing few interview due to Covid), the interview is usually scheduled in a few months. Take care, Jason
Hi jason for your time. I have question about I got home land security office Huston for asylum request approved for interview in January 21, 2022 but still now I’m waiting for schedule interview, it’s almost 2 month so I called asylum office Huston but they told me we are not sending any officers in Salt Lake City, Utah because of Covid-19 so my question is do you know how long time they will take more schedule interview after expedite request approved and what I can do because Covid-19 will not end forever I think please help me, Thankyou
It is slower to get an interview in a sub-office than the main office, but I have a client with an interview in Salt Lake City next week, so I know they are scheduling such interviews. I think eventually, they will schedule it. Maybe you can ask them whether you can do the interview in Houston (at their main office), as they might have availability. I am not sure whether they will agree, but it may be worth a try (assuming you can go there). Take care, Jason
Hi Jason, quick question.
That was quick…
[…] If you do not qualify to expedite under the new rules for healthcare workers, you can still ask for expedited processing in the “normal” way. USCIS provides guidance about how to request expedited processing for any type of application. This process is not easy and often does not work, but it does exist, and if you have a reason to expedite, you can try (I wrote more about this here). […]
I have pending asylum since 2017 and I was diagnosed to have prostat stage 4 prostate cancer which does not respond to treatment here in US. I heard about alternative medicine treatment in Mexico which I am preparing to go and try, can I use this to expedite my asylum case? Thanks
You can try and that might work – I wrote about expediting on March 30, 2017. Also, you can use your need for treatment as a basis for Advance Parole (permission to leave the US and return). I wrote about that on September 11, 2017. I wish you best of luck with your treatment. Take care, Jason
Hi Jason,
I recently got my AoS approved, but unfortunately my wife was in India at that time, and therefore she couldn’t come back on her dependent visa. I filed i-824 for her, and later filed expedite request on the basis of family separation, but that got denied without even asking for evidence. My wife is now having psychological issues, will a letter from her psychologist help in expediting the application?
thanks for your time!!
I am not sure I understand the situation, but if you are trying to expedite a case and the person has mental health issues, a letter from the psychologist is a good piece of evidence to try to expedite. Take care, Jason
Hi Jason,
thanks for your response. but won’t the mental health issue become a ground for inadmissibility?
I highly doubt that – I am not even sure a mental health issue is grounds for inadmissibility these days, or at least it would depend on the specific issue. Talk to a lawyer about the specifics of the situation if this is a concern. Take care, Jason
Hi Jason, I have pending I-485 application since May 2020. 2 days ago we requested expediting due to mental health reason but they denied.
My question is if I can try to request my case to be expedited again?
I am an ethnic minority from China, some genocide and concentration camps are happening in the home country. My family living in danger. Faster becoming a US citizen could protect my family and at this point time is really a matter. Also, some US congressmen and human rights organizations are publishing what’s happening in my hometown and fighting for our rights. I was wondering if it can be a strong reason to request an expedite again.
thank you.
You can try again, and if you have evidence of a mental health problem, you can submit that (by mail). You can also call, as I suggest in the above article, but it has become increasingly difficult to reach a person at USCIS. While I think the mental health reason may be a good reason to expedite, I do not think your family’s situation is a strong reason. For some family, you can file even if you only have a green card, but if you are talking about parents or siblings, you have to be a US citizen, and that is a long way off for you even if you expedite this part of the process. Given that long time frame, I doubt USCIS would see why expediting this part of the process helps much. For me, I would focus on the mental health issues. Take care, Jason
[…] will be very painful. Once the crisis abates, you can try to expedite your asylum office case, your USCIS case or your court case. Until then, stay safe and if you find any toilet paper, send it my […]
Dear Jason, I apppied for expediting my asylum decision at the USCIS office. I checked my status online and it says we reached a decision on you case, you should receive a mail soon. The clock has not stopped running.
1. Are they responding to my expediting request (I didn’t think for this, the status doesn’t need to change online)
2. Are they responding to my asylum case?
3. Does it matter the clock is still running.
1 – There is no way to know, but it sounds like a decision will come soon. 2 – It sounds like it. 3 – It may mean that the case is referred to court, but it is not possible to know for sure until you receive the decision. Hopefully, it will be positive. Take care, Jason
I expedited the decision I hoped they would respond to me about that. Instead they sent me to immigrations court. Are they allowed to do that without informing me whether they accepting to expedite? We’re they retaliating because I asked them to expedite? I had been waiting for two years and I feel it’s unfair they did this to me after such a long wait.
Hi,
You said you expedited your decision right? Have you also expedited your interview? Are these two separate processes? I had requested expedition and got approved and completed interview before and I am still waiting for the decision. It has been almost one year. May iI also request expedite in decision?
Yes, they are two different processes. You can expedite a decision but in my case it was not favorable. To you it might be
Theoretically, if they agreed to expedite, it should work for both, but if not, you can try to expedite the decision by contacting them and explaining why it needs to be expedited. Take care, Jason
Hello, Jason, thanks for actively listen, I’m a little worried, On September 2019, I sent my form I765, 60 days before the expiration date of my working permit (11/14/2019), it was received on 09/16/19, unfortunately I haven’t receive my new EA card. I’m from miami, My USCIS office is in Potomac, for pending asylum it says that the waiting time is 3 months or something, I’m almost 5 months waiting.
If i reach 6 months waiting, it is ok to submit an inquiry for my case, or you recommend me to just wait?
Thank you
George.
We have seen renewals taking 5, 6 or 7 months. Nevertheless, if the processing times indicates 3 months, you can make an inquiry now. I do not know that that will help, but it won’t hurt. Take care, Jason
Quick update and questions Jason.
Thanks a lot for the work you do for us here as Asylum seeker, you are truly a gift for thousands of Asylum seekers in the US. case status, I am in a circuit ride of Houston:
1. Applied 21st January 2018 a few days before the FIFO rule
2. Biometrics February 2018
3. EAD received in August 2018
4. STILL PENDING interview to date, so far two years of waiting
5. Planning to renew my EAD in May 2020.
question :
1. my lawyer suggested that we apply at that time since I will still be legally eligible to work for another 6 months after my card expires. she also gave me this GOOD NEWS if it’s true that IT’S NOW FREE TO RENEW YOUR EMPLOYMENT CARD.
questin, is this a good time frame to apply for a card? and is this free renewal true?
2. Second question
My case has been pending for now 2 years, I have been dating my now fiance for about 6 years even before i ever thought of being in the US, she is a Canadian citizen based on refugee status, she visited the US early this year and we got engaged.
We are planning to do our wedding next year here in the US and she will just come in as if she is coming to visit someone and we get married here.
Question: does my fiance needs to say to the officer that she is coming to get married to an asylum seeker,? will they let her in, though she is Canadian? what if she says that she is coming to visit a family then we end up getting married will she have broken her visa rule (I know as Canadian don’t need any visa any stamp she just needs to have a passport and convince the officer that she’ll return which she will to finish her studies ) after the wedding we are planning for her to go back to Canada and finish up some classes and later visit me again over and over at every breaks until she graduates, What are her chances for her to now come in as a married woman to an asylum seeker. so far my fiance doesn’t want to become a US citizen hence we are not thinking of adding her as a dependent on my case and if we do that can she still travel using her Canadian passport or after her joining my case she can’t even travel herself.
Bottom of the question is: how can we make sure that our wedding is still correct and legal without going against any immigration rules that can affect her or me and my case and how can we assure she visit me over and over while my case is pending but already married
Thanks, please if I am not clear, am happy to clarify, and continue praying for us the wait is painful
1 – You can apply up to 180 days before the old card expires, and since renewals are slow, it is best to apply early (but not more than 180 days early, or the case will be rejected). Once you get the EAD receipt, the old card is extended for 180 days. The fee is $410 or you can apply for a fee waiver, form I-912. 2 – The fiance cannot lie at the border, or there could be immigration or criminal consequences, but if she is coming for several reasons, maybe she does not need to mention them all. She would not break any rule by marrying you. However, if there is still no decision in your case, and you decided to add her as a dependent to your case (on this trip or a later trip), that could result in an issue if the US government thinks she lied. On the other hand, if you are married to her before your decision and you do not add her to your case, you can file an I-730 for her to get asylum status too. That works whether she is here or in Canada, but if she is in Canada, it may take a year or more before she gets the approval to come here based on your status. I do not think there is much issue with the wedding, but once you are married, she may have difficulty visiting, if the Border agents think she will stay here. She may need to convince them that she does not plan to stay, if they ask her (round trip ticket, evidence of school or work in Canada, etc). She may want to talk to a lawyer to think through this more carefully. Take care, Jason
Thanks Jason, so you mean that what my lawyer said that’s there’s no longer a fee for EAD renewal is a lie or?
Thanks again for the second situation. given the fact am not intending to add her now or later on my case , does it matter how soon we get married once she’s in the states ? A week after , a month after or what? Our plan is to file I-730 and her to keep visiting as visitor and going back. Does it matter how soon or fast we get married once she’s here?
I am not sure I understand the EAD question. The first EAD based on asylum pending is free. After that, you have to pay for renewals or get a fee waiver (which is not so easy). As for the marriage, she will only have so long to stay in the US legally, and I think it is wise to maintain legal status at all times, especially if she plans to return to Canada and then come back to the US at some point. But as long as she does not violate her status, there is no issue about when you marry, at least as far as I can see. The main point is that if you want to file an I-730 for her, you have to be married prior to your asylum decision, and in practical terms, it is much better if you are married before your asylum interview, so you can add her to your case at that time – either as a dependent (so she gets asylum at the same time as you; she must be in the US to do this) or just to list her name on the form so you can file the I-730 for her. Take care, Jason
Sorry for taking your Sunday morning.
my lawyer told me this last week . EAD renewal are now free meaning instead of paying the 410$ fee it’s now free of charge. Though I haven’t heard any information about this . I thought asking you or maybe it’s something coming up. No idea.
Thanks Jason, regarding my wedding I may need to talk to you depth about this later when we come close , the main goal is for her to come in as a visitor (we have been traditionally married , and I have paid my dowry to her parents, and parents can testify to our dowry )
we just need a church and Court wedding that we intend to do when she visit me again a week or two after she enters the country . I don’t want her to get into problem for Misusing her visa if we do so. after our wedding she goes back and finishes her school and comes back every semester break. Until she graduates and hopefully if my interview comes after my wedding I can add her as a dependent right away on the interview day and maybe I can use my traditional and dowry peice as proofs than the actual church wedding and court to avoid lots of questions.
Does traditional wedding consist of a legal wedding to add someone as dependent on case Now or on the interview date?
Once she gets In the country a week later we are getting married (that’s what I meant first it matter how soon we get married or should we wait for at least 3 months)
Happy Sunday and thank for all the work you are doing for us, helping us more than our attorney
I have not heard about a change in the fee structure for EADs, but I guess anything is possible. You can check the I-765 instructions about who needs to pay, but as far as I know, first time asylum-pending EADs are free; renewals are $410. As for the marriage, as long as the marriage is a legal marriage under US law, you should be able to add her as a dependent. Once a non-citizen is married to a person in the US, they may face issues entering the US, if there is reason to believe they may not leave at the end of their period of authorized stay, so she will need to be careful about that. Take care, Jason
Hi Jason,
I have been waiting for interview for almost five years. I intend to marrige with my fiance who is permanent resident. I have student status beside my asylum application and used my asylum work permit to work. I consulted with 3 lawyers and they gave me different opinion, but no one gave me a clear answer about the issue which is possible for me to file adjustment status package.since the visa bulletin is current, I intend to file for GC. what is your opinion about this situation? What would happen if uscis reject my application they will send me to court? (my fiance can apply for citizen status at the end of year). Can your office help me to file for GC and you take my case since you are expert and reliable lawyer
Thanks
As far as I can tell, there is not a clear answer about this. If you marry and wait for your wife to be a US citizen, then the answer is easy – you can adjust status even if you are considered out of status. If she has a GC, you can only adjust status if you are still in valid F-1 status. The risk is, if USCIS considers that you are out of status, they will deny your I-485 (and keep your $1225). If you do not mind that risk, you can get married and apply now. Potentially, we could research this question, but I have looked into it a bit and not found anything. Nor have I heard from my list serves about other lawyers’ experiences. We can do such a case if you’d like – you are welcome to email me at jdzubow@dzubowlaw.com. Take care, Jason
“USCIS will create a service request and forwarded it to the appropriate office” – do they have to if we’re talking about asylum? Just called the hotline yesterday, got through 20 minutes waiting on hold.
The person on the phone told me that since I applied for the asylum, I have the only option – to contact USCIS via paper mail and request expedited interview there.
If you are talking about expediting an asylum case, you have to contact the local office directly. We usually submit expedite requests by email. You can find the local office’s contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason and every one out here.
I just want to share a horrible experience I went through during adjustment of status application. I filed for my AOS in February last years and after attempting to expedite for my I485 multiple times, they scheduled me for an another rare interview as asylee. I live in San Francisco Bay Area but they scheduled me for an interview some 80 miles outside my normal
Jurisdiction. USCIS scheduled my interview in Sacramento field office instead of San Francisco. On the day of interview I met this officer who was extremely rude and I felt like he started humiliating me from the start. He gave me pretty rough time and asked me why I applied for asylum etc etc. he asked me weird questions and asked me what if I was sent back? I never thought that it would be another interview relating to my asylum case. At the end of interview when I Asked him what’s next then he told me that either we will ask for more documents or either you will have more interview. After all that the interview ended and it has been two weeks since my interview the status of my case is same, your I485 interview has been scheduled? I just want to ask Jason if you can help me through your experience, whether my case will be forwarded again to asylum office for another review or I will get a decision from the field office?
Maybe there is some reason to suspect that your asylum case was false. One reason is that you used an attorney (or notario) who is suspected of submitting fake cases. Another reason is that maybe your I-485 or other documents contain information that contradicts information in your asylum case. I think you should talk to a lawyer and have a lawyer with you if there is another interview, or to help you respond to any request for evidence. Hopefully, it is nothing, and some officers are just jerks, but this sounds like there is enough that you would want to talk to a lawyer. Also, you should probably file a request for a copy of your whole file – use form G-639, available at http://www.uscis.gov. This is free, but it takes several months. It may be helpful to have that moving forward. Take care, Jason
Sorry to hear that and scares me to hear it.
May i ask you, did you win in court or asylum office?
I’m sorry to hear about your experience. How many tu
Ed did you request to expedite your case? Personally though, I’d rather have a bad experience with an examiner than being left completely oblivious of when my case will be resolved. USCIS processing times for adjustment of status are growing last I checked the worst cases take up to 29 months to get resolved and counting. What a terrible situation.
Dear Jason, I applied for asylum in November 2016. As per USCIS pilot program, I have received an interview waiver notice in January 2020. I didn’t choose to waive the interview. My question is those who do not choose to waive the interview when they will get their interview date? What are USCIS plans for these classes of applicants? Your kind advice would be much appreciated. Thank you very much. God bless you.
Unless you want to go to court to seek other relief (such as Cancellation of Removal), I highly recommend that you do not waive the interview and that you try to overcome the one year bar – I wrote about that on January 18, 2018. For some people, waiving the interview makes sense, but for people with an asylum case, I think it makes no sense. At the interview, you will first be questioned about the one-year bar. If you do not meet an exception to the rule, the interview will end and you will be referred to court without discussing the merits of the asylum case. If you overcome the bar, you will then be interviewed about why you need asylum. Take care, Jason
Hello dear Jason,
Thank you for your help answering all our questions you are such a kind person.
I have a question:
– When i apply for green card can i apply for refugee travel document together? By doing this do i save money on refugee travel document? Should i send in same packet or different( application) ?
– or should i apply for refugee travel document right away? I dont have any travel plans right now. I am worried that if i apply for refugee document right now by the time green card arrives this document may already expire and i will also end up paying money where as if i apply together i can save some $$ ?
Please help suggest when is the right time to apply.
1 – Yes. When you file and pay for the I-485, you can include with that application at no extra cost an application for the RTD (form I-131). It is best to send everything in one packet. 2 – It’s up to you. It probably takes 4 to 6 months to get the RTD. Also, you can apply now and apply for a new RTD when you file for the GC. Whether it is worthwhile to do this is up to you; I guess it depends on whether and when you want to travel. Take care, Jason
Hi, Jason.
What gonna happened if a principal applicant will leave the country before the interview (pending interview)?
Should a dependent applicant leave the country at the same time or she/he can stay until that case is opened? Thank you.
If the dependent wants to continue the case, the dependent must file his own asylum case. The procedure to do that is different from an initial filing (contact the local office to ask about that – you can find their contact info if you follow the link at right called Asylum Office Locator), but you should do it as soon as possible, if that is your plan. Otherwise, the dependent can stay here, since USCIS will not know that the principal has left. At the interview, if the dependent attends, I assume the case will be denied because there is no principal applicant. Maybe at the interview, they would allow the dependent to file for asylum, but I would not count on that. If you want to apply for asylum, you should do it as soon as possible. The fact that you were a dependent can be used as an excuse to overcome the one-year asylum filing bar (I wrote about that on January 18, 2018), but once the principal leave, the case may be considered over, and so if you do not file very quickly (within maybe a month or two), you may be barred by the one-year bar. Take care, Jason
Hi Jason. My appreciation for you somehow continues to grow beyond any reasonable limit haha.
Here’s my question – what to do in case I want to expedite my individual EOIR hearing [for relief from removal (referred after asylum interview) on the basis of an approved I130]? We already filed the 485 in November. Just had my MCH and got a date in September 2023. I filed for asylum in July 2015. 🙁
Two options: 1 – Ask the judge to terminate the case by filing a motion showing that you have an approved I-130 and a pending I-485 (including copies of everything you sent to USCIS). Typically, a lawyer does that, as you normally talk to DHS first to see whether they would agree. 2 – File a motion to advance, indicating that it will be a short hearing about the GC. Asylum hearings take several hours, but if there are no issues in the marriage case, it can take 10 minutes, so usually it is easier for the judge to find you a sooner time. Take care, Jason
Thank you!! How should the lawyers ask the DHS if they agree first?
Just call them – you can find their number if you follow the link at right called DHS Office of the Chief Counsel. Take care, Jason
GRANTED
January 31, 2020
Hi JASON,
I was granted asylum along with my wife and Kids last year , now is it possible to add my brother as a derivative applicant while applying GC . are please suggest me what should i do in this case.he’s in USA past 5 years and maintaining his legal status till now. due to my persecution he might also will be in trouble that’s y he didn’t go to my home country past five years.
Thanks for your help and support in Advance.
Thanks,
Ariba
I think I already replied to you about this. I wrote “You cannot petition for your brother until you are a US citizen, and even then, the wait time is like 14 years. Your brother can apply for asylum on his own if he fears return. If he is still in lawful status, he should meet an extension to the one-year asylum filing deadline (I wrote about that on January 18, 2018).” Take care, Jason
Hello Jason,
i dont care what anyone say about you,You are GOD sent to this generation and i pray HE keeps you strong in all you do in Jesus name.
so i have the very same problem inquired of you by GRANTED above and i read through your response to him,same scenario and i see you mentioned explaining in details in one of your blogs but i did see which month and year so iu can read up on it to learn on how to go about it.
kindly mention month and year.
thank you sir for all you do for us on this plantform
I guess I am not sure what you mean – about the one year bar? That post is from January 2018. Let me know if that is not correct. Take care, Jason
Hi,
I’m an Asylee granted asylum last year and preparing my form I-485. While reading comments here, I found there are 2 service centers, for some states it’s Texas and for others it’s Nebraska, However, the direct filing addresses for Asylee status on USCIS website do not state Nebraska. It mentions Dallas or Lewisville in Texas, or Phoenix in Arizona. I’m confused with these. Would anyone please clarify this confusion.
Thanks.
You have no choice about where you file. You have to look at the form I-485 page (at http://www.uscis.gov), and look at the direct filing address for your category (Asylum status). The chart will tell you where to file. Take care, Jason
Thank you Jason. I really appreciate your devotion.
Hello everyone
my lawyer called me today and told me my case was approved and they sent to her the mail. i was wondering for the past few days when ever i check my status it showed me error validation. Thanks everyone for the time you took to answer my questions. Thanks Jason for this wonderfull platform , i was following you for the past five years . thank so much Jason
Congratulations!
Congratulations Arsenal. I said it. Same with my online status check for days until my lawyer called me for the good news. That was last year. I also applied in 2015. Once again congratulations the wait is not easy.
Thanks anonymous. if may ask which field office you applied? Mine was Chicago what about yours?
Chicago
Congratulations!!! I am really happy for you. I can understand the long wait hurts in different ways. Do you mind sharing you timeline? Did you have one interview or more than one? Did you expedite it? Did you ever do inquiries or get help from congressmen?
hello thanks everyone i will pray for you guys , hang on patience pays .
my timeline
i filed April 2015
interview June 2015
since then i was waiting the decision since then, i just did normal inquaries and they used to give me same response which was pending for final decision but sometime 2018 i did an inquary they said pending for background since then i just forget it and never did anymore inquries . it was long and hard time almost 5 years but i never put my life on hold so i wish everyone for a good decision and at the same time i know it is hard but try to focus on your life one day will come the good decison
Congrats Dear Best of Luck for Future
Congratulations! That is great news. Though I do not know that the “error validation” message is related to the approval. Maybe. Anyway, Welcome to the USA! Jason
Hi Jason,
Thanks for everything you do to us.
One question regarding the short list:
How does getting in the short list affect my position in the normal list ? In what case could it be detrimental ? Could I be sent all the way back to backlog if I can’t attend an interview that they offer for the next day for example ?
Thanks a ton.
Different offices have different policies, and these days, most offices do not seem to have a short list. If they do, it should have no effect on your place in the queue (to the extent there is a queue) and if you cannot make a short-list interview, they will either give you another chance (or two) or put you at the back of the short list (but this has not effect on your place in the regular line). Take care, Jason
Hi Jason
I applied i730 for my husband and approved
I checked status of case and they send his case to department of state for visa processing 8th January
What is next step? How long takes we have to wait for next step?
I did a post in December 2020 about I-730 forms, with a link to a helpful manual. Check that, as it may be useful. The State Department should contact you about the next step, but that may take another month or two (check that manual, as I think it discusses the time frame). Take care, Jason
Dear Fary, would you kindly share timeframe of your I-730 and if possible which county ?
Maro,
Did you file petition i730 ? When? Where?
Hi Jason,
My mom she’s a US citizen will she able to sponsor for her grand children.
Thanks,
Julie
She can only sponsor her children, though grandchildren could potentially be included with their parent. Check the instructions to form I-130, available at http://www.uscis.gov, as I think this may be discussed, or talk to a lawyer to be sure. Take care, Jason
Just wanted to provide an update regarding application for my RTD.
So, I recently received the refugee travel document, which took about 4 months in total. Originally got it with the intention of traveling to Canada in the near future. I just felt it was important to have it as a safety net. As a reminder, I was also told by the Canadian consulate, if you already have an existing Canadian Non-Immigrant Visa in your passport of origin, it is still valid and you can use it to enter Canada. The RTD should be useful upon re-entry to the US.
A question I would like to ask Jason, should I keep the RTD and my country of origin passports together, or only show each document where necessary? Country of Origin Passport/Canadian Visa at the Canadian border and RTD document only when returning to the US?
I would try to use the RTD as much as you can. If you need to show the visa at the Canadian border, that should be fine, but you might ask if they would stamp the RTD as well as your passport. Either way, I do not think you would have an issue under these circumstances. Take care, Jason
Hey Jason,
Thanks for all you do.
Pls from your experience does been pregnant and unmarried while going for IH have any effect on the judge’s outcome. Just worried .
I’ll be in my second trimester during my IH.
I do not think that would have an effect. It may depend on the case (for example, maybe you would be persecuted in your home country for having a baby without being married?). Take care, Jason
Hello Jason!
Do you know, if they still working by Last in First Out system? ( at least LA office )
Thanks!
As far as I know, all offices are using LIFO – last in, first out. Take care, Jason
Hi Jason,
I had my interview last year and I am still waiting for a response.
I just got married to a B2 visa holder. Can I add her to my case as dependent ?
Regards
Yo man you missed the chance. Why you did not find someone who had citizenship:). Just kidding. Congratulations! you should be able to add her to the your case . I did add my wife and kids after I applied. But Jason knows better
Could u please share ur timeline nd place
You can add her to the case, though they do not always make it easy. If you email the local asylum office that has your case, they should be able to give you instructions about how to add a spouse – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Everyone and Jason,
Is there anyone who applied for green card sponsored by employer while being waiting for asylum interview and got approved without leaving the country? Please help.
Thank you.
For people who have lawful status in the US (like an H1b or F), that should be relatively easy, but for people with no status except asylum pending, they usually need to leave the US to get a GC. I wrote about this on August 28, 2018, but talk to a lawyer about the specifics of your case, as each case is different and sometimes, it is possible to get a GC without leaving the US. Take care, Jason
Hi Hope,
We are in the process of EB2. Waiting for the perm approval. Will share here if hopefully we get a green card. Just FYI our current plan is leaving US with advance parole and do the consulate processing. Please update us if you get any information regarding this situation.
Thank you EB2 and Jason, so far I have read in the article from Aug 2018. Can an NGO help me in getting GC without leaving the country? Also FYI I just had a medical surgery done which makes uncomfortable for long distance travelling. Please guide.
I don’t know whether an NGO could help, as they typically do not do employment-based cases. But if you can find a lawyer (non-profit or otherwise) that could help, as these cases tend to be difficult. As for a medical condition that makes travel problematic, I do not know that that will matter, since the question is whether you are eligible under the law to adjust status and get the GC in the United States (most people who have no status here aside from asylum pending are not eligible). I know of no exception for a health issue, but it may be worth checking into just in case. Maybe a lawyer could research the options for you, but be careful, and make sure the lawyer explains the whole process (from where you are today to the GC) before you start. 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
Hey arsenal fan
Are you from. Muslim country
Hey elli
yes i am
llo 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
Mine was like that for days,I was worried before my lawyer called me that my asylum decision delivered to his office. Thanks be to God. But wait for Jason reply.
thanks anonymous. is that mean they are updating my case? it was pending for decision for the past couple of months then i check this since thursday it kept giving me same error validation. i hope a good news, i have been waiting a decision for 5 years. i just forget about it and carried on my life. btw they do always deliver my EAD to my lawyer office when ever i renew it so i am not sure if they will do the decision same. thanks
Hi Arsenal Fan,
I have also been waiting for a decision for two years. Initially my status was decision pending for 6 months and then it changed to application pending but it has been a month since it has again changed into decision pending. Was it the case with you? Did your status ever changed into application pending after the interview?
i dont check my status often but as long as they started this new updating way by USCIS
it was decision pending. i had my interview 2015 so since then i was just waiting the decision. so i checked my status last wednesday after about a month so it gives me error validation. i tried this morning same issue error validation.
hey seeker
i dont check my status often but as long as they started this new updating way by USCIS
it was decision pending. i had my interview 2015 so since then i was just waiting the decision. so i checked my status last wednesday after about a month so it gives me error validation. i tried this morning same issue error validation.
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
“President Trump on Friday added six countries to his list of nations facing stringent travel restrictions.”
Hi Jason,
I’m asylee was granted in 2018 and filed my I-485 form 3 months ago. I was hoping to file I-130 for my spouse after that I get my GC. But now my country in that list. And there saying that Immigrant visas, issued to those seeking to live in the United States, will be banned. Does it means that I can’t reunite with my family? Also they said The proclamation will take effect on February 22. Is it possible for me to file I-130 before February 22 but without GC? By the way I cannot file I-730 form because we married after I get granted.
Thank you for your time and help.
Which six countries please
Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. The ban is different from the first ban (though I have not reviewed it carefully yet), and there are exceptions. Also, it seems that Tanzania and Sudan are only being removed from the Diversity Visa program. Again, I need to review this more carefully, but that is how it looks on an initial evaluation. Take care, Jason
This is very difficult. You cannot file an I-130 until you have the GC. You may want to talk to a lawyer, as it is sometimes possible to get a waiver of the ban (also, I have not reviewed the new ban yet, and so I do not know how difficult it is to get a visa even with the ban). Maybe one option (not a good one) is for them to apply for a visa now, before the ban, but I do not know that there is enough time, and such visas are routinely denied even without the ban. Once the ban goes into effect, you can still file the I-130 in the hope that by the time it is approved, the ban will be lifted (the I-130 will be approved even with the ban, but the consular processing may be denied), or that your spouse can qualify for a waiver of the ban. Also, for two countries – Tanzania and Sudan – it seems that the ban will not affect family-based cases. I am not sure, as I have not reviewed it carefully, but that is how it looks to me so far. Take care, Jason
Thank you for your time Jason.
Hi Jason,
Thank you for your supports and efforts to make our life a little bearable. I have a short question. I applied for asylum Oct 2016 requested expedite (health excuse) October 2018, was accepted and called for interview March , 2019. I am waiting for the result since then. I had my 1st work authorization in June 2017 and was able to renew it last year and work at a place fulltime permanent.
The interview went well no issues have emerged and I have a valid case and good documentation prepared with a lawyer. My office is in Chicago. After waiting 6 months, I asked our Senator office to have a followup Chicago office replied and sent a generic answer then wanted us to check after 90 days. January 2020 we had another follow up. Here is their response a little different from the first one, and still says come back after 90 days…
“U.S. Citizenship and Immigration Services (USCIS) records confirm that Mr. xxxx’s case remains pending at this time. This case has unresolved issues that have resulted in an adjudication delay. We are unable to determine at this time when the review process for this application will be completed.”
How should I interpret the adjudication delay? Would it the security check backlog now we are waiting for?
is there a light at the end of the tunnel… This unended waiting is decreasing our life power and everything good about our lives..
There is no way to know from that message how long you might wait. I did a post on October 20, 2015 where I listed reasons for a case to go to headquarters (which causes more delay) – maybe that would help you. Otherwise, the options are to keep making inquiries or, if you cannot wait any longer, file a mandamus lawsuit (we wrote about that on October 2, 2018). The Chicago office is generally pretty good, at least in my experience, so hopefully, you will get a positive result soon. Take care, Jason
Thank you Jason,
Hello Jason,
Please I just want to know if Trump’s recent inclusion of Nigeria in his travel (visa) ban will affect asylum applicants from Nigeria.
Thank you.
My guess will be yes, because his goal is to prevent them from migrating to the US, and with asylum application, you are asking to stay.
I may be wrong.
I will rather wait for Jason’s opinion since you are not an expert yourself. Thanks for your contribution though. Regards
I would say definitely Yes.
Are you a professional? Will wait for Jason’s opinion. Thanks
I have not looked at it yet, but once you are here, you can seek asylum and there should be no effect. Also, if you win asylum, and want to petition for family in Nigeria (using form I-730), they should still be able to come here. That is how it has worked for the other “banned” countries. Take care, Jason
Hi JASON,
I was granted asylum along with my wife and Kids last year , now is it possible to add my brother as a derivative applicant while applying GC . are please suggest me what should i do in this case.he’s in USA past 5 years and maintaining his legal status till now. due to my persecution he might also will be in trouble that’s y he didn’t go to my home country past five years.
Thanks for your help and support in Advance.
Thanks,
Ariba
Your brother will have to apply for his own asylum. Only your spouse and kids qualify as derivatives.
Right, Jason?
Yes – with the caveat that married children or children who were 21 years old or older when you filed for asylum cannot be derivatives. Take care, Jason
You cannot petition for your brother until you are a US citizen, and even then, the wait time is like 14 years. Your brother can apply for asylum on his own if he fears return. If he is still in lawful status, he should meet an extension to the one-year asylum filing deadline (I wrote about that on January 18, 2018). Take care, Jason
Thank you Jason for your replying me.
As you mentioned one year extension deadline to filling , but he was here more than 5years not even traveled to my home country, in this case he can able to apply.
The law states that a person who wants to file for asylum must do so within the first year of arrival here, but there are exceptions – if your brother has been in lawful status the whole time, that should be an exception. I discuss this in more detail in the blog post I mentioned. If he meets an exception, he may be able to qualify for asylum even if has already been in the US for 5 years. Take care, Jason
Dear Jason,
I want to thank you for the great job you are doing here,you are really taking stress off many of us with your write up.
I recently moved my application from Newark to Texas since i have been here for 2 years schooling,though Newark Asylum office did confirm the move but the Texas office is yet to confirm to me its receipt,still waiting their reply.
Please i have a question for you or anyone who had done the Humanitarian Advance Parole. I wish to see my wife and daughter anytime soon as i have been here for almost 4 years without them,my daughter was a baby when i fled for my life and shes always asking me questions of my whereabout,at first she denied me till i talked to her on a video call . I want them to come visit me for 3 weeks and go back,as my wife is a civil servant and would want to retire before relocation.
What is the chances of getting the Humanitarian Advance Parole approval?
I would need replies from as many persons that successfully had it done,i believe with your experiences and including types of document submitted things would be easier for me.
Thank you.
Emmanuel
I have not done a humanitarian AP case for someone outside the US (if you wanted to meet them in a third country, you could apply for AP for yourself – I wrote about that on September 11, 2017). My guess is that it will be difficult to get AP for them. The first step is normally to apply for a visa to the US (probably a B visa) and if that is denied, then to apply for AP. I suggest you find a lawyer who has done that before and get some help – given that you have a pending asylum case, it may be difficult to convince the US government that they will return once they are here. Take care, Jason
Thank you Jason.
My family has gone for the B2 visa 4 times and was refused,and with the recent restriction on my country,would it still be possible for them to get the visa?
Also if i get the AP,would there not be any issues coming back into the United States?
Lastly,i would need a comment or contribution from anyone who succeded in the Humanitarian Advance Parole.
Thank you.
Emmanuel
The restrictions only affect certain countries, and if they are affected, you will have to look to see how (I have not reviewed those rules yet). If you have AP, you should be able to return – I know of no cases where a person had AP and was refused re-entry (as long as you return before the document expires). Take care, Jason
Unfortunately the family separation is not a big issue for asylum office.I applied June 2015 in LA office and still have been waiting.My husband is out of the country and our sons haven’t seen their dad for almost six years(our little son’s dream is to huge his dad soon).we can’t do anything.I requested two times for expedition(family separation and my dad’s stage four colon cancer)but it was rejected.
Be hopeful ,pray every day 🙏🏻and put the eyes on news and this page.
Thank you Jason for all your information that keep us updated.God bless you and your family!🙏🏻
Hi Jason
Got asylum interview date that was to take place in July 2019 and it was cancelled. No new date yet. I tried to expedite again but was denied I’m so frustrated about this. I tried calling asylum office in Sanfrancisco but the number never goes through. Any advise please.
The best way to communicate with them is usually by email or going in person. If you have the old interview notice, you might scan it and email it to them, and indicate that they have not yet rescheduled it. Rescheduled interviews are supposed to be the first priority, so maybe that would work. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason,
Recently I applied to expedite i730 petition, no response so far. Can I go to Baltimore office in person and ask for updates?
Thanks
I do not think so – if you did not do it already, try calling them. If you get a real person, you can ask for an appointment in Baltimore, but I do not think they will agree to that. Anyway, you can try. Take care, Jason
Does anyone from CHICAGO backlog had interview lateley?????
I applied in May 2016 still waiting for interview.
Same as you. Nothing yet. My case status just changed from “case is pending” to “next step is in person interview” 6 months ago, which means nothing, according to my lawyer. I lost any hope for interview to happen anytime soon. At least, I’m safe here and that means everything to me. I’ll be patient and hope for the best.
It often takes several weeks for them to respond, so I would wait 30 days and if not try again. But WA is a sub-office of SF, and I do not know how often they hold interviews there, so that may be part of the problem. Take care, Jason
Hey Jason this is Judy can you kindly help me delete my comment that has my full names on it please next tym I comment I will use my nick name. I don’t feel safe my whole name being there. Kindly help me. Thank you
Hey Jason this is Judy can you kindly help me delete my comment that has my full names on it please next tym I comment I will use my nick name. I don’t feel safe my whole name being there.
Sorry, I do not know what comment you are referring to. If you give me the name of the post and the date and time, I will try to delete it. Take care, Jason
Ho Jason it had [deleted] I’m using my own name. Kindly help me delete the post . I think it was on 01/31/2020. And I wrote to them again and emailed the Asylum office about rescheduling my interview which they cancelled themselves but still no answer from them. Kindly advise me.
I think it is deleted. Take care, Jason
I found it and deleted it.
Thank you for deleting it and so funny I again wrote my names on the post where you told me to tell you the name kindly delete that too. Thank you
Yes, I got that one too…
Hi Jason I recently inquired form immigration about rescheduling my asylum interview that they cancelled last year. They replied and said my case was under review. That there some issues that require a review before they schedule me for my interview. That when checks and or review of an administrative record reveal an issue potentially impacting an applicant’s eligibility for the requested immigration benefit, further inquiry is needed. They continued and said and said for the review they will need to contact another agency for more comprehensive information. They said they can’t speculate as to when the back ground check and review process in this matter will be completed. I tried reading it and surely I’m so confused of what it all means. I’m I in any danger? How long do you think back ground check will take? And what is it for ? Kindly help me.
I do not know what this means, but in some cases, the Asylum Office does not have “jurisdiction” over your case, meaning, they do not have the authority to make a decision. This can happen for people who enter the US on a visa waiver who do not file withing 90 days, and it can happen to people who enter on certain types of visas – C and D, I think. Also, if you were previously deported or your case is currently before the immigration court. You may want to go in person to ask about the case. You can find the local asylum office’s office hours and contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I tried contacting them but there phnone doesn’t go through. And I’m in Seattle it’s Sanfrancissco that is responsible for Seattle Immigration. M just so confused at frustrated. I applied for asylum at the right time.
Calling usually does not work – try emailing. We usually get a response from that. Make sure your name, Alien number, date of birth, and country are in the email heading, and make the email short, if possible, as I think they are more likely to respond. Take care, Jason
Hello jason
Thank you for everything
Do you know how long it usually takes after
I-485 expedite request approved ?
I do not, but the regular processing time for an I-485 is very unpredictable (I think USCIS says between 1 and 3 years), so it would hopefully be faster than that. In general, wait time for expedited cases varies a lot, but it is usually faster than the normal processing time – and in some cases, much faster. Take care, Jason
Hello , Jason
Thanks for being so helpful,
I have applied for asylum a month ago , but still haven’t received even a receipt notice yet , I heard that it usually comes within 2 weeks . I applied from Chicago, do you have any idea what could be an issue ?((
Thanks in advance)
It used to take 2 or 3 weeks, but now it is much slower. USCIS changed their policy (without telling anyone, of course) and now combs the forms carefully looking for any reason to reject the application. So if you leave a box blank, they may reject the whole thing and send it back. This all takes extra time, and so we have been seeing receipts take almost 2 months. I wrote about this whole fiasco on November 20, 2019, if you are interested. Take care, Jason
Hi forum members,
It has been 110 days since I applied for my first EAD after receiving derivative asylee status here in the US. However, I haven’t heard anything. Anyone else have received EAD less than this time frame?
My guess is that that is a “normal” processing time, but you can try to call USCIS at 800-375-5283 and inquire about your case. Take care, Jason
I requested to expedite and received email to provide explanation how expediting will help me recover from illness. I replied in detail and haven’t received any decision. It has been more than 2 months I sent them my explanation. Do they reply if request is denied?
Not always. You should reach out to them again and ask about the status of your expedite request. Take care, Jason
Hello Jason
My spouse is an asylee and applied I-730 form to me and I am currently in the US. I have to go back home due to an urgent situation. I came to the States on a visitor visa and its expired long time ago and I don’t have any kind of status now ( just waiting my I-730 be approved to obtain the asylee derivative status). I come up with an idea that I m going to apply for a National Waiver Interest (NIW-EB2) from my home country and I believe that I have a good chance to win the NIW case. My questions are: Will I face any consequences in the future because of my overstaying visitor visa and because of my pending I-730 case?
Can both cases (I-730 case and applying I-140) go parallel without effecting each others? Will both cases be relevant somewhere and somehow?
Again, thank you for your time that you spend reading and answering all the asylum seekers questions.
I think you need to talk to a lawyer before you leave. It sounds like you probably have a 10-year bar to returning (when a person overstays their visa by 1 year or more, and then leaves, they cannot return to the US for 10 years. If you have that bar, the I-140 path will be very difficult (the waiver process alone probably takes a couple years – assuming it is granted). I think the better bet is the I-730. I do not know how the bar affects an I-730. It may not affect at all, and it would be good to know this. Also, maybe you can get emergency Advance Parole, which is permission to leave the US and return while you have case pending. I do not know if a person with a pending I-730 is eligible for this, but maybe a lawyer could research that question (I wrote about AP in general on September 11, 2017). Take care, Jason
Dear Jason , do you suggest that an asylee for applying for green card is best to hire attorney ?? or can one file this without help easily , what do u suggest ? is it too complex or sorta. I used to prepare my EAD apps and they used to go thru but for this I don tknow the severity of it! thank yoou.
I used to say that it was something a person can do without a lawyer, and that is still probably true, but the process is more complicated and tricky than it used to be. Certainly if there are issues with the case (criminal issues, TRIG, travel back to the home country), a lawyer would be helpful. Also, even for a “normal” case, if you can afford to hire a lawyer, that is probably safer. I did a post about some of the pitfalls of applying for a GC on November 13, 2017. Maybe that would be helpful. Take care, Jason
Hello Jason!
I just got my deision after 3,5 years of waiting and it is referral. Would you please help me with timeline at immigration court in Arlington? How fast they schedule Master hearing, and Individual? I heard that individual hearing can be scheduled in 2 years from now, is it true?
Also, what are the approval raitings? One more question, do I have to have a lawyer for my Master hearing? Thank you in advance!
Sorry to hear this. The denial rate at the Arlington office has gone up significantly (I hope to post about this soon). The post I did last week provides links to the latest data about immigration courts, including (I think) wait times. For VA, it varies a lot by judge. Some judges take less than a year; others are 3+ years in the future. As new judges come on-line, maybe some cases will get advanced, but I do not know. It is better to have a lawyer for the case, and most judges will push you to do that. You can do a Master (and a whole case) without a lawyer, but if you are going to hire a lawyer, it is best to hire someone as soon as possible. Finally, if you call 800-898-7180 and enter your Alien number, the computer will give you your next court date (or tell you that your number is not yet in the system). Take care, Jason
Thank you for response! I really appreciate it!
Hi, Zahu,
Sorry to hear this. Hope you will win it in court. May I ask when was your interview?
Jason,
I read your articles and check this webpage for updates twice a day. Thank your for sharing your knowledge with us 🙂
I wanted to know, very short, if you had the power to change the immigration system in the USA what would you change. Maybe some bullet points. It seem dysfunctional pretty much the whole system😒
The main change I would make these days is for the system to be more transparent and for the government to be more honest about immigrants and asylum seekers. I did a post with some modest suggestions for the asylum office on February 6, 2016, if you are interested. My assumption is that they will not be taking my advice any time soon. Take care, Jason
Thank you for the article Jason-
Can I expedite an asylee based Green Card? I applied in March 2019 through Texas Service Center but they seem to be moving in a snail pace compared to the Nebraska Office. Currently, te wait time is from 9 – 26 months in Texas!!!! But those who applied in Nebraska after me seem to have acquired their GC. Do you think its a wise idea to expedite my case in March 2020 since a year would have lapsed?
Lastly is the following true?
“For those with pending or long-pending I485 applications (especially at TSC) whose travel documents are about to expire or have expired, you could renew your travel document for FREE while the I485 is still pending. All you need to do is file for the renewal and attach a copy of your I797 (pending i485 application) to your package as proof of payment”
Thanks!
1 – You can try, but remember, you need a good reason. I do not think there is any harm in trying, but I do think it usually does not work. 2 – We used to do that routinely, but have not done it lately. It should work, but these days, it is difficult to know, and it may not. If you are not in a hurry to get the travel document, you might as well give it a try. Take care, Jason
Hi Jason,
I wrote an email to the asylum office requesting to expedite my decision but they didn’t reply to my email. Their website also doesn’t allow scheduling appointments online. Should I call the asylum office?
You can try to call, but it is usually difficult to reach anyone. You can also check the office hours and go in person. You can also send another email, explaining (politely) that you filed an expedite request but did not yet receive a response. Take care, Jason
Jason,
What is the maximum time for uscis to respond for expedited petitions? To your info I have got my asylum approval on approved expedite request and then a motion to advance in court process. I now requested for i730 petition to be expedited through my district congress representative. It been two weeks since filled not yet get the response.
Thanks,
Sambod
They may never respond, and if they don’t you would have to reach out again. You may want to try calling. Even though it is a pain, it may be more likely to get a response. Take care, Jason
Hi Jason, Its been 5 years since I filed my case and no interview yet, it is a extreme long wait but I can’t do much about it rather than waiting so I’m doing it and tried expediting 3 times not working aswell. I heard something like USCIS is making some fast moves and read your comments aswell for having old cases interviews, Do you think it might happen in next few months or this will take next year or so for them to do it?
I was just curious about it and hoping for the interview notice in my mail any normal day.
Thank you.
Hi Suli,
What office does your case belong to? I’ve been waiting for almost 3.5 years, Houston office.
I filed in New York in Aug 2015.
@Suli…It’s same here with me, I filed in August 2015 in New York and still waiting for an interview. God only knows when we get to be interviewed.
I have been waiting for an interview since August 26 (2015).
Waiting since December 2014, Miami Office…
That’s not fair at all! this system is completely broken!
I do not know about other offices, but I have heard from several reliable sources that the Virginia Asylum Office has hired many new officers and they expect to start interviewing cases much more quickly. They hope to get through their entire backlog in 2 years. This should all begin in the coming month or so, according to what I’ve heard. We shall see. Take care, Jason
Jason,
You think this will have also a positive impact to other SC backlog?
I have not heard news about other offices, so I do not know. It does seem that they move resources around, so one office is fast, while another is slow. My guess is that all offices will not be speeding up, but it really is a guess. We shall see. Take care, Jason
Thank you Jason I hope New York office follow the same policy and starts interview for backlog cases.
Life is good don’t let stress of things around you interfare your personal life, thank you for your writing as always.
My interview was in Feb 2018 at Arlington, VA still waiting for the decision. I contacted their office, they said they have not reached a decision. Contacted via Congressman, they replied that if they won’t get to any result within 90 days, he should send another inquiry. 90 days will be completed in April so I guess it may be because they hired new officers and are planning to dispose of cases. I guess your reliable sources informed correctly.
How the new crop of officers will affect cases that have already been interviewed, I do not know. But if you have no luck in April, you might think about a mandamus lawsuit – We wrote about that on October 2, 2018. Take care, Jason
Thanks for sharing as usual.
Thank you, Jason