Under President Trump, the Department of Homeland Security engaged in a systematic campaign to separate families at the United States-Mexico border. The victims of that policy are still grappling with its traumatic effects. But the Trump Administration’s cruel approach towards migrants is not the only example of family separation that continues to affect people in the U.S. immigration system.
Hundreds of thousands of asylum seekers have fled their home countries and come to the United States for protection. These include democracy activists, journalists, religious minorities, women’s rights advocates, sexual minorities, and interpreters who served with U.S. troops.
In many cases, these people have been forced to leave family members behind, often in difficult and dangerous conditions. If they are granted asylum, applicants can file to bring their immediate relatives–spouse and minor children–to the United States. However, the process is very lengthy. Many applicants wait five, six or more years for a decision in their case. For those who finally receive asylum, the process of bringing family members to the U.S. can take another one to two years. Because of all these delays, most asylum seekers can expect to be separated from their loved ones for the better part of a decade.
To understand the problem, it is important to know something about the asylum system. Asylum seekers in the United States fall into one of two categories. Non-citizens who arrive in the U.S. and who fear persecution in their home country file an “affirmative” asylum application and have their cases adjudicated by USCIS at an Asylum Office. People in removal proceedings file asylum as a “defense” to deportation, and an Immigration Judge determines whether they qualify for protection.
According to the latest information from DHS (from July 2020), there are 370,948 affirmative asylum cases pending with the Asylum Office. Data for defensive cases is more difficult to come by. As of January 2021, there were 1,294,797 total cases pending in the nation’s Immigration Courts. The government does not provide information about how many of those cases include a claim for asylum. But we can extrapolate from a FY2017 report, in which 21.8% of court cases involve such a claim, and conclude that about 282,266 defensive asylum cases are pending in Immigration Court (this number strikes me as very conservative; I suspect that far more than 21.8% of court cases include a claim for asylum). Added together, we have 653,214 affirmative and defensive asylum cases awaiting a decision in the United States. Historically, about 33.3% of asylum cases are approved, and so we can expect that 217,520 pending cases will be granted… eventually.
How many of those cases involve family separation? Again, government data is spotty. The most recent information on petitions filed to reunite families (from FY2017 through FY2019) shows that for every 100 people granted asylum, there are about 28.5 family members who “follow to join” the principal applicant. Thus, for currently pending asylum cases, we can expect about 53,057 family members to join their asylee relatives in the United States. Given the long delays for asylum cases and for follow-to-join petitions, it will be years before these family members reunite with their asylum-seeker relatives in the U.S.
My client RJ is one example of an asylum seeker waiting to reunite with his family. RJ filed for asylum in June 2016. He is from Afghanistan, where he worked as a contractor with the U.S. military. Because of his affiliation with Westerners, the Taliban perceived RJ as an “infidel” and a “puppet” of the Americans. They threatened him with death. Since the Taliban harm and kill many Afghans who cooperate with the United States, RJ took the threats seriously. He already had a U.S. visa through his job, which allowed him to come here to escape harm. His wife and children could not get visas, and so before he left Afghanistan, RJ moved them to a hidden location where he hoped they would be safe.
RJ’s plan was to obtain asylum in the U.S. and then have his family join him here. Unfortunately, things did not work out that way.
At the time RJ filed his case, the Asylum Office was operating under a system called FIFO (first in, first out), meaning that cases were processed in the order received. However, in January 2018, the Asylum Office changed to LIFO (last in, first out), meaning that newer cases are interviewed before older cases. People like RJ, who filed for asylum prior to January 2018, were left behind, with no prospect for a quick interview. RJ’s case has now been pending for over 4½ years, with no end in sight.
These lengthy delays take a toll. Many asylum seekers suffer anxiety and depression. Some commit suicide. Others lose family members to violence back home, or to illness. In RJ’s case, his wife is currently hospitalized with coronavirus.
Under American law, there is no duty to rescue a person in danger. However, once you undertake a rescue, you are required to act competently. Similarly, we as a nation are not required to offer protection to asylum seekers. We voluntarily entered into international agreements and passed domestic laws to offer such protection. Having taken on this responsibility, we have a duty to act competently. Forcing asylum seekers to wait for years without seeing their loved ones is a dereliction of that duty.
We are rightly concerned about migrants separated from their families during the Trump Administration. But we should not forget the tens of thousands of asylum seekers who have come to our country for protection, and whose cases are stuck in a never-ending limbo. They deserve timely decisions, so they can reunite with family members and start the process of healing.
[…] someone is paying attention. This is significant, as the affirmative asylum backlog has long been a hidden immigration crisis, and shedding light on the situation will hopefully push USCIS to do […]
Hi Jason
I’m living in USA around 7 years with my sons
I’m granted asylum and I applied i730 for my husband and they approved his file and they scheduled for interview in us embassy in Ankara
24th March 2020 but they canceled it because of pandemic and we are still waiting for reopen and reschedule…. I check everyday my email and mail box for some news but no any action
Do you know what should I do ?
My lawyer said you have to wait so it’s hard time for my family I don’t know when we can have whole family and when he can join us?
This has been a real problem and I do not know if there is anything you can do. It may be worth contacting your Congress person to see whether they can help. You can also Google the embassy and find their contact info to see if you can email them. As I understand, there are many cases like this, and people seem to be waiting for things to open again. I just talked to a lawyer on Friday who is waiting for things to open for a couple of her clients. It is a real mess, and I do not know why they can’t get these embassies open, at least for family petitions. Take care, Jason
Hi Jason,
I filed I-130 Petition for my Parents, when I checked my case status online it says:
As of March 12, 2021, we are actively reviewing your Form I-130, Petition for Alien Relative. Receipt Number IOE XXXXXXXXX.
Our records show nothing is outstanding at this time. We will let you know if we need anything from you.
May i know how long it will take to have a decision from USCIS?
Thank you.
You can check the “processing times” at http://www.uscis.gov and that will give you an idea. Take care, Jason
Hello everyone!
My status got changed to “decision was mailed” more than a month ago. However, I haven’t received the decision yet. Neither my lawyer did. I live 4 hours away from Chicago, where I applied. Does it mean anything? Why there is no decision in the mail? Thanks
Bonnie,
Good luck with the decision. I am sure Jason will reply but you may want to send an email to the office to learn about this. plus If you have changed your address there is a possibility that they sent the letter to your previous address even though you updated your address.
If you have fear of immigration court referral you may want to check http://www.justice.gov/eoir website if any case is opened for your name. open that page go to the find case information link on the right side of the page, click the link, (for some reason it does not come up at my first click close the black page and click again), in that page enter your A number, if you see a case record it means your are being referred to the IM. “if no case was found” it may be a good thing. But still you should check with the office. I would visit them too if you receive no response. Save and print the decision was mailed notice just incase …
Good luck
It’s a good idea – and if you cannot get the website to work, you can call 800-898-7180 and enter your Alien number into the system. This will also tell you about any future court dates. Take care, Jason
Hi Jason.
I am seeing many asylum applicants create online accounts by clicking on the signup button at the online status check page and add their case into it so that they can view their application history and get signed up to receive emails when there is an update on their case. But when I want to add my asylum case after signing up for an account it says that my receipt number is invalid. Why is that? I have filed my case in Dec. 2019. Does this mean any problem with my case? any ideas? (https://my.uscis.gov/account/onboarding/track/new)
Usually the receipt number starts with Z (as opposed to the Alien number, which starts with A). You should be able to create an online account without a receipt number. What I do not remember is whether you can enter the asylum receipt into this system after you create the account – you can do it for GC cases or EADs and many other cases, but I am not sure about asylum. You can always check the receipt number here: https://egov.uscis.gov/casestatus/landing.do. Take care, Jason
Hi all!
Just want to share my timeline in case if it is helpful for any one
November 2014 – Applied for asylum (NY office, after couple years of being in the country with no status)
January 2017 – Asylum interview
February 2018 – Asylum granted
March 2019 – Applied for GC (Texas office)
March 2021 – GC application approved and card is received, GK issue date is set to minus one year, so will be eligible to apply for citizenship in 3 years and 9 months
I haven’t done anything to speed up the asylum application but for GC I did contact senator and USCIS ambassador and both received from USCIS that the case is within normal time frame. I think I am lucky I received after 2 years, I know that many people are waiting for much longer.
Congrats!
One asylum seeker received GC in 4 months.
Another one on this forum received in less than a year, I don’t remember how many months.
This is even worse than I think. Applying for naturalization in 2025 which will most likely take 1-2 year journey. If you are still lucky let’s say you will be citizen by March 2026. What the math says: 12 years and we say if you are lucky enough and you said you feel lucky lots of applicants are waiting for interview for years. What it supposed to be instead : you should have given the citizenship by March 2021. 5-6 years after your first application. I do not want to compare 6 and 12 years. I am sure there are thousands of people are willing to pay 5-6 thousand extra ( like premium process) if USCIS allows pay/hire Individual officer just to receive normal service performance. This is the only possible doable fast win win solution I believe. Please show us the way of adding premium process for asylum Jason.
I have written about that before (several times), but I do not think it is being considered by the Asylum Office. I think it would be helpful to everyone, even people who did not pay for it, since it would inject more money/resources into the system. Take care, Jason
Hello Jason. Let me ask you question. Recently we had an affirmative asylum interview. My wife as principal applicant was interviewed, but AO never ask me even general questions. When my wife ask AO if they going to ask me for general questions, AO said that is not necessarily.
1) Does it mean our case will be referred to court? As I know applicant and all derivatives should be ask at least general questions before AO can grant immigration status.
2) Do you have in your practices such cases when derivatives wasn’t interviewed at all and case was approved?
Thank you in advance.
If you are a derivative (meaning you submitted a signed page 9 of the I-589 with your photo and you received your own Alien number), you should have been asked the “bar” questions (Are you a terrorist? Are you a criminal? Etc.). If not, I do not know whether that means the case will be referred to court, but I do not see how your asylum could be approved (maybe your wife’s could be, since she was presumably asked those questions). You never know – maybe the officer “fudged it” and just wrote “no” for your answers, but if so, that would be highly improper, and I have never seen it happen. If there is a one-year filing bar issue in the case, maybe your wife did not overcome that bar, and so they decided to refer the case to court, and decided that it was not necessary to ask you the bar questions. In truth, this is all speculation and you will have to wait for a decision. Take care, Jason
Hi Jason,
when I called my AO 2 weeks after the interview, he told me that he made the decision right after the interview but it has to go through supervisory review and it takes a while. are all the cases go through supervisory review or a certain number of cases end up in there? since there are less interviews taking place during the pandemic, Supervisory review should have been faster but looks like it is not the case here. Do you have any idea how long it may take?
All cases go to the supervisor. Given the lower volume of cases, you would think that such review would be faster, but like most things in immigration world, that does not seem to be the case. At least it has not been my experience. Most cases are decided within a few months, but many cases take longer than that – it is not predictable. Take care, Jason
Hello everyone!
My status got changed to “decision was mailed” more than a month ago. However, I haven’t received the decision yet. Neither my lawyer did. I live 4 hours away from Chicago, where I applied. Does it mean anything? Why there is no decision in the mail? Thanks
You should email the asylum office and ask about this. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
What in the world you did and have the phone number of your AO in the USCIS office? Is it something we could do? I am shocked 🙂
Hi Jason,
Do you happen to know how decisions are delivered now? Due to COVID, are all decisions mailed or do you see instances where applicants are asked to return to offices and pick up their decisions after their interview (I’m thinking of the Arlington office, in particular)?
Thanks.
As far as I know, all decisions are mailed. Take care, Jason
Thanks, Jason. This is helpful. On a related note, will decisions be mailed from the address of asylum office where the interviews are held? Or, are those decisions mailed from a central location in the country (regardless of what asylum office one interviewed at)?
Thanks again.
They are mailed from the local asylum office. At least that has always been my experience. Take care, Jason
Can an asylum seeker buy a house? What is the effect? If yes, Can u also buy when u in Immigration court?
Assuming you have the money or can get a mortgage, you can buy a house. It has no effect on an asylum case. Take care, Jason
Can an asylum seeker send money money to gis home country? Is there a limit to sending money to ur home country when u have apply for asylum? Does uscis check to know if u sending money to ur parents, wife, husband, kids, any other family members back in ur home country? Or question u in Immigration court on how much u send back home?
Do they do background check to know how I send and use it as a means to affect your case in anyway?
I have never heard of anyone having a problem with this. I do not know if there are tax issues to consider, but in terms of the immigration status of the sender, I do not think there is any problem, as long as the money is not going to someone that the US thinks is a terrorist. Take care, Jason
I have a question if any one has the experience about it to answer. My case is being processed at Lee’s Summit, MO NBC and they sent me a letter that my Finger Prints were applied to the case. So, does anyone know how much time it will take to process it after Finger Prints phase is completed?
Most such cases take maybe 1.5 to 2 years, but sometimes, they are faster or slower – it is very hard to predict time frames (I am speaking of the overall time, including the wait for the fingerprint notice). Take care, Jason
Thank you Jason,
When did you apply and which state ? I’m on same boat
I am in the same boat as you. I decided not to wait on it and renewed by EAD in the meantime. Looks like we both in for a long wait.
Hello Jason,
We entered USA in 2014 with, my wife with F-1 visa to study PhD, and my son and I with F-2 visas. In 2015, applied for asylum, my wife is the main applicant, our interview was in 2019 and also she got her PhD in 2019. Yesterday, we got a letter from the court scheduling for MCH next near, we have never got any letter from Chicago asylum office for referral to the court, my questions are:
1. Does the asylum office have to send referral letter to us, as I think they mention the reasons of denial? By the way our case status is still showing pending decision.
2. My wife is a full time professor (faculty) at the university, if the university accept to sponsor her for EB2, do you think there will be a chance to adjust for GC inside USA?
Thank you!
1 – You should have got such a letter. It does not contain a lot of information, but still, it is important to get it. You can email the asylum office and ask about this. You can find their email if you follow the link under Resources called Asylum Office Locator. Also, if that fails, you can request a copy of your whole file by following the link called FOIA USCIS. 2 – They could, but since you are all out of status, you would most likely have to leave the US to get a GC, and this can be very tricky, especially since you are now in court. I wrote about this on September 6, 2018, but if you are considering it, you need to talk to a lawyer to review the specifics of your case. Take care, Jason
Greeting Jason ,
Thank you for raising very sensitive and important issue about family separation that was happening in this first world country. Beside the lengthy and toxic immigration environment; NVC is also another Bermuda Triangle that pend our case for more than one year by the name of COVID 19 after USCIS approval. In my opinion the reason is unacceptable and does not make sense because the pandemic is everywhere and even worst in this country. More over, these days everybody is required to be tested negative before taking airplane to this country. So , I need your opinion about pending cases at NVC ?
Best regards ,
First, as a fan of the Bermuda Triangle, I appreciate this analogy. And I agree – given that we have these magic things called “tests”, Covid should not be an excuse to delay processing, at least not for people who test negative. I do think that if the pandemic eases and the Biden Administration continues to improve the competency of the immigration system leadership, we will see things start to get faster. Hopefully. Take care, Jason
Jason,
When you request the asylum office to put your name on shortlist then do you have to provide some justification or reason for this request. Do they always accept it?
Some offices require a reason to get on the short list; others do not. Also, some offices do not have a short list. You can email your asylum office to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi,
Those who had their asylum interviews (approved or denied) do you have any suggestions for the asylum interview? I have an upcoming interview in April. I have a wonderful and very experienced lawyer, his name is Jason Dzubow. He will guide and explain everything to me too. I just wanted to see how other ppl had their interviews and what questions could be asked and are the officers focused on the dates and time of an incident? Wanted to have a third person opinion. Since you got your approval it means your interview was went excellent. Let me know if you have any particular suggestions for the interview. I have read Jason’s article about interview process and watched some videos on Youtube too.
Thanks, JS
JS, believe me, I understand your anxiety. However, like you said, I feel like you are in good hands. You should follow what Jason said/says and try to remember everything you practiced with him/whoever you practiced with.
Asylum officers want you to tell the truth. It’s therefore important that you remember dates, time and details, especially if you specifically mentioned them in your written statement/on your I-589. I’d suggest that you study your declaration and or I-589 so that your interview statements match what you have on your I-589 and or personal affidavit/declaration. Otherwise, you run the risk of being accused of inconsistency.
The officer can ask you anything that has to do with your asylum claim and about you in general. However, most of the questions will be similar to what is on the I-589. The questions will also come from your written statement ( the declaration) if you submitted one.
Congrats on your scheduled interview! I wish you all the best and hope you’ll be granted. Please keep up us posted.
Thank you Jamie for your reply.
JS, I wish you a successful interview. I am still waiting for my interview to be scheduled. Would you mind sharing your timeline, did you expediate your interview?
Alien,
Applied for asylum April 2016.
Tried multiple times through senator and congressman. inquired online and email. put my name on short list and as soon I added my name to shortlist, short list was scrapped in Arlington.
Lost my father in a accident in September 2020, so the stress pushed me to sued USCIS in December 2020 (cost me 7k).
Interview given for end April.
Thanks,
JS,
So sorry for your loss!
JS, sorry for your loss. Wish you have a good interview and get a positive decision asap.
I guess I should note that I did not do the lawsuit – we are not doing mandamus cases these days. Take care, Jason
Don’t you worry that the asylum officer will give you a hard time by retaliating you ? I mean I know somebody would say if u have a strong case, it really shouldn’t matter. But what if the asylum officer deliberately send you to the court ? Like even if you win in the end. The officer still makes u suffer the time and cost involved…the lost time and money couldn’t be clawed back…
I think they probably would not retaliate (though I have one case that I think should have been approved, but was sent to court after the person did a mandamus). Maybe that is a risk, but even so, it may be better than waiting forever in limbo. Each person has to make their own decision on that point, depending on their tolerance for risk and their goals. Take care, Jason
I believe it will take a cruel person to do that, and I doubt that any cruel person can fit into the role of AO, except of course S Miller conducts the interview.
Hi Tina,
Those who had their asylum interviews (approved or denied) do you have any suggestions for the asylum interview? I have an upcoming interview in April. I have a wonderful and very experienced lawyer, his name is Jason Dzubow. He will guide and explain everything to me too. I just wanted to see how other ppl had their interviews and what questions could be asked and are the officers focused on the dates and time of an incident? Wanted to have a third person opinion. Since you got your approval it means your interview was went excellent. Let me know if you have any particular suggestions for the interview. I have read Jason’s article about interview process and watched some videos on Youtube too.
Thanks, JS
Hi JS,
First of all, I wish you the very best.
I am not sure that how excellent an interview went can provide an insight into the outcome, so I will not give any weight to “an excellent interview “. Just be polite, and do not sound entitled. I am still a firm believer that asylum is a privilege.
An AO may be extremely pleasant and deny a case. One may be harsh and approve a case.
I think they apply the law thoroughly, and it’s on you to consistently prove your case.
Don’t guess- if you do not remember or do not know, say so.
Finally, as you rightly pointed out, you are in very good hands, and every case is unique, but your attorney who might have handled several other cases like yours is your best resource.
Once again, good luck, and keep us posted😊!
Thanks Tina for replying and good suggestions. Regards
Good advice Tina.
Hi Jason,
I really enjoyed this post. I am glad someone is actually thinking about the gravity of this situation. My thoughts when immigration reform was sent to congress about addressing the legalization of 11 million people, was that, how can you add this many substantial cases when are already over-flooded and can’t keep it with the application already filed. USCIS is a real mess right now and despite the change of leadership, processing times keep rising across the board. Even though we hear good news from time to time (the end of the public charge rule, certain request for evidence…) The processing time is not getting any better and we are becoming accustom to that. It looks like the norm to process a green card to asylees is going to be 1 to 2 years or more. It shouldn’t be the norm.
Considering the low chances of any immigration reform becoming law in the near future, this exposes us immigrants to a potential future administration that could become more hostile to immigrants. And this time they could actually be competent in their hostility. My personal opinion is that the Biden administration should put a lot of emphasis in legalizing people that are stuck in the backlogs and have a merit. This is the same kind of negligence that put the DACA recipients through 4 years of nightmares because of the Obama administration overconfidence.
I agree with this, and I am basically coming around to the position that the asylum law at the border should be tightened in exchange for meaningful legislation for people who are here. This is basically what Republicans are demanding to pass the new Dream Act in the Senate and I think it also largely comports with where the public stands on immigration (legalize most of those who are here, control the border). It is in conflict with what most immigration advocates are saying, which is a more open border, but that simply does not have mainstream, support and it is becoming a major hindrance to getting anything else done. Take care, Jason
I feel like the reason people are trying to cross the border “illegally” is because seeking asylum at the border has become hostile, almost impossible, and overly politicized. Why not have an orderly screening process? It’s reported that even genuine asylum seekers- those who would otherwise qualify for asylum or refugee status- are being turned away, made to live in appalling conditions, and returned to countries that are unsafe for asylum seekers (these actions incontrovertibly run afoul of local and international asylum/refugee laws).
The types of asylum seekers crossing the border have not changed; the politics- especially since the last 4 years- has changed (or worsened). I understand that the Biden administration has a slim chance, if any, of passing any “progressive” immigration bill or reform. I also understand the need for a strategic approach. However, we must be careful not to unintentionally trample on existing asylum laws. Local asylum/refugee laws, despite the yammering and barking from “conservatives”, provide for the right to seek asylum at a port of entry/the border- irrespective of your place of origin. Until Congress has changed this provision, people have a right to seek asylum, even if asylum seekers are arriving en masse (how many are arriving is irrelevant to the law). As such, if the U.S. wants to deny asylum seekers their basic rights, they should scrap asylum/refugee laws and remove themselves from the Convention, instead of constantly complaining about “dangerous” asylum seekers! We are sick and tired of hearing about asylum seekers this, asylum seekers that… We are also being pitted against each other as immigrants or refugees. If anything, we should stick together. Refugees- or even economic migrants- crossing the bordering is not an easy thing to fix; however, I am yet to be convinced that the U.S. is not able to handle this.
We are human beings! We have feelings. These things cause emotional and psychological triggers (stress), make us uncomfortable, and make us feel unwanted/unwelcome. Imagine living somewhere where you are constantly being reminded that you are not wanted, or your status is constantly sensationalized/politicized!? If some of us had/have other choices, we’d definitely take them.
“…crossing the border is not…”
These are important points. Unfortunately, in a very real sense, affirmative asylum seekers are pitted against people seeking asylum at the border, since Asylum Officer do credible fear interviews at the border, and if they are doing CFIs, they cannot be interviewing affirmative applicants. If the two processes could be divided so that asylum officers are not being diverted to the border, that would help. Probably USCIS officers could do border work, since the CFIs are “easier” than fill asylum interviews. In terms of reform, though, if that is going to happen, I think there is going to have to be a compromise, and the border situation is a big obstacle to any compromise. Either we advocates need to convince more Americans to accept a more liberal policy at the border, or we need to look for a compromise that involves tightening up the border in exchange for legalization for those who are here already. If one of those two things does not happen, I fear we will end up with nothing (or maybe the Senate can kill the filibuster and just pass a damn law – that would work too). Take care, Jason
Hey Cordy,!
How’s everything coming along for you now?
Your words of encouragement to me after my interview was, and is still very well appreciated.
A lot of amazing people on here, and you are one of them😊
Hi Tina,
It is nice reading you. I am doing ok. You’re very welcome. We have to uplift one another. Not many people really understand what we are going through.
Hello Jason,
I have approved asylum and my GC application is pending with USICS since 06/2020. At that time I did not submit my medical exam . I decided to do the medical exam now. My question is when I mail the signed forms by the civil surgeon, should I send the medical exam forms to the lockbox in Arizona or directly to the office processing my GC application which is Nebraska in my case? I decided to send the medical exam by myself, USCIS did not request it from me yet.
Let me know what you think.
Thank you
If you have not yet done the exam, I suggest you wait. It is not a good idea to just send it if USCIS has not requested it. If you already did it, I am not sure where is the best place to send it. I would probably use the last USCIS address that sent correspondence to you. Make sure to include a copy of your receipt and your receipt and Alien number when you send it, so they can match it to your case. Take care, Jason
Jason,
Is it a must to have a medical exam for GC ? I applied for GC last August, but I didn’t submit any medical exam report. A month ago I give the biometrics, what will be next?
Thanks,
I realized not submitting Medicals with GC, will cause your case to be delayed by 2-3 months.
@Aa Sending Medicals before RFE will not work. They will not accept it because you will have to include Original RFE on the package while sending Medicals.
I will strongly suggest anyone who is applying for GC to include Medicals on the package.
Because medicals are valid for 2 years now.
– Medical included GC applications have faster approvals.
– Attorney helped GC applications have faster approvals.
Not sure why but i have seen this trend in my research for few people.
I do not know that failure to send the medical causes that much delay. I guess that is possible (it’s hard to know, since everything is so delayed). One point – I think you must submit the medical within some period of time after the doctor signs it (maybe 60 days, but check the I-693 instructions, as I do not remember). If you submit it after that, I think it will expire. Take care, Jason
EYERLYN,
Timing of the Submission of the Medical Examination Report
Applicants may submit the Form I-693 medical examination report to USCIS:
Concurrently with the immigration benefit application; or
At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.
USCIS will contact you about the medical exam. Sometimes they want you to mail it to them; other times, they tell you to bring it to the interview. Take care, Jason
Hi,
Any suggestions for the asylum interview? I have an upcoming interview in April. I have a wonderful and very experienced lawyer, Jason Dzubow. He will guide me too. Just wanted to see how other ppl had their interviews and what questions could be asked and are the officers focused on the dates and time of an incident? Wanted to have a third person opinion.
Thanks
I have a pending asylum status but I am emotionally struggling with it. At times, I feel like withdrawing my application and returning back in spite of the hazards. Am I the only one like this?
If you are seeing a therapist or have other evidence of your difficulties, you could use that to try to expedite the case. Even without such evidence, you could write a letter explaining the situation and ask to expedite. I wrote about this on March 30, 2017. It is not easy to expedite, but it might be worth a try – there is no penalty if they refuse. Good luck, Jason
Hi MIA,
I understand you perfectly, because I was in your shoes a few months ago.
My lawyer and I wrote several expedite requests that were denied.
I wrote a letter, pouring out my heart to a congress person.
I was broken, suicidal, and severely depressed.
At some point on this platform, someone said the person’s case had more merit than mine, and that was the reason I was stuck on the backlog. The person even said my attitude could be the reason I have met with a lot of negative circumstances.
I responded in a manner that Ishouldn’t have, and had to apologize.
So, I feel you, but please draw strength from my experience.
After 5 years of waiting for interview, and 3 months after interview, I got approved.
As Jason said, try to expedite. Contact your congress person or Senator. Be real, abd tell them exactly how you feel. These are human beings with blood running through their veins, so it very possible that someone may be moved by your suffering.
I cry as I write this to you, because after all that I went through, staying in limbo for 5 years, with severe mental illness, being judged by a total stranger, I wish I had a magic want to move things along at USCIS.
Don’t give up MIA.Keep fighting. One day like me, you can heave a sigh of relief, and concentrate on mental health recovery. That is my priority now.
Good luck!!!!!
Ignore my typos, please.
Hi Tina,
Any suggestions for the asylum interview? I have an upcoming interview in April. I have a wonderful and very experienced lawyer, his name is Jason Dzubow. He will guide and explain everything to me too. I just wanted to see how other ppl had their interviews and what questions could be asked and are the officers focused on the dates and time of an incident? Wanted to have a third person opinion. Since you got your approval it means your interview was went excellent. Let me know if you have any particular suggestions for the interview. I have read Jason’s article about interview process and watched some videos on Youtube too.
Thanks
Hi Jason,
Is seems like all this hype, hopes and promises about Immigration Reform, so perfectly used during the election season, finally are dead. So sad and frustrating, yet expected. It would be cool if you could comment on this. Thank you
I think the Democrats are trying – a bill for Dreamers just passed the House, and may have a chance in the Senate. I am less optimistic about the comprehensive bill (The 2021 Citizenship Act). It is up to us to push for what we need with Congress – you can call your representatives and ask your friends to do the same. Take care, Jason
Hi Jason,
The House just passed American Dream and Promise Act. Do you think that children who are dependent in a parent’s pending asylum case would be eligible for conditional permanent residence status? Thank you.
Just wanted to clarify my question on top – not a DACA eligible children. Thanks.
I have not read it, but if it becomes law, and the meet the residency and other requirements, I do not know why they would not qualify. In other words, just because they are dependents on an asylum case should not prevent them from taking advantage of a new law, as long as they would otherwise qualify. Take care, Jason
Jason, thanks for your reply. In case you have a time to read it and could give us your professional opinion if asylum pending children would be qualify, that would be very helpful.
It will depend on when they entered the US, but most such children would not qualify for DACA, since they had to be in the US since 2007 or something like that. Anyway, if I have time to read the bill and discover something, I will try to post about it here. Take care, Jason
Jason, thanks for your reply –
My concern are the asylum pending children could be considered as “inadmissible or deportable”
(1) IN GENERAL.—Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, or without the conditional basis as provided in section 104(c)(2), an alien who is inadmissible or deportable from the United States, is subject to a grant of Deferred Enforced Departure, has temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), or is the son or daughter of an alien admitted as a nonimmigrant under subparagraphs (E)(i), (E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) if—
Inadmissible or deportable normally refers to a person who is here unlawfully or who is ineligible to enter (because he is a criminal, for instance). If there is a legalization, I do not think they will use that definition, though, as everyone will be deportable (since they have no status here). I guess I would need to look at the bill more closely, but I do not know whether I will be able to do that – there are going to be a lot of bills floating around, and it will be hard to keep track. Anyway, I may try if I have time. Take care, Jason
Hi Jason, I am asylum grant and applied for GC in April last year still waiting. But a friend applied on July, got his green card. For both of us, they were processed in Nebraska, I am just confused how can he get it before me while we are in same processing center but I applied couple of months before him. Isn’t it FIFO ( first in first out) , or there it is random. I am just confused what going on.
I do not know if it is FIFO or random or what, but we often see cases go at different speeds. Why one person is fast and another slow, I do not know, and it seems to have no relationship to anything about their cases that I can discern. Anyway, if you have the receipt, USCIS will process it, but it may take some more time – we often see cases take between 1 and 2 years. Take care, Jason
Hi,
Any suggestions for the asylum interview? I have an upcoming interview in April. I have a wonderful and very experienced lawyer, his name is Jason Dzubow. He will guide and explain everything to me too. I just wanted to see how other ppl had their interviews and what questions could be asked and are the officers focused on the dates and time of an incident? Wanted to have a third person opinion. Since you got your approval it means your interview was went excellent. Let me know if you have any particular suggestions for the interview. I have read Jason’s article about interview process and watched some videos on Youtube too.
HI Jason,
i wanted to renew my EAD please let me know do i need to send just my pic and my EAD card copy or any more document.
https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf
What you need to send depends on the case. We do always send 2 photos + a copy of the old EAD (front and back). Also, evidence of eligibility (for example, proof of a pending asylum case), the fee, and other documents too depending on the case. You have to check the instructions, and Asylum Seeker has conveniently provided a link – Thank you, Jason
I am also renewing my EAD this month. As Jason said It depends on the case but the below mentioned are the documents I used for renewal 2 years ago.
(1) Asylum Receipt (Form I-589 Receipt)
(2) I-797C Notice (ASC appointment notice) (for a biometrics appointment for your Form I-589);
(3) Two passport sized photographs with my name and USCIS A# written on the back with a felt pencil
(4) Most Recent I-94
(5) Money order or Cashier’s Check for 495$ payable to the “U.S. Department of Homeland Security”
(6) Form I-765 signed
(7) Photocopy of old EAD front and back
(8) Form g-1145 (for receiving email/text from uscis)
(9) Copy of Passport
These are for category C-8. As Jason said it depends on the case.
If you join ASAP or Casa de Maryland, you can pay $410. I did a post with links to those groups on September 23, 2020. Take care, Jason
Thank you Jason
Jason,
Is it okay to renew my country origin passport while having a travel document?
Thanks
I would only do that if you really need it. That said, I have many clients who do it, and there has not been a problem for anyone yet. If you fear your home government, USCIS may wonder why you renewed the passport and why they agreed to give you a passport. However, if you fear non-state actors in your country, this is obviously much less of an issue. Take care, Jason
Thank you so much Jason !! I did it because, I stuck here leaving my kids back home for years and I don’t know if something bad happened. I should be ready for the worst. My plan is to meet them in third country using my travel documents.
Thanks
Hello Jason, is the new Biden plan will shorten the waiting period for Green Card through Asylum to obtain Citizenship? It is currently 4 years from receiving Green Card to be eligible for citizenship
I guess you are right if the proposed legislation becomes a law in the current form then it will shorten the wait time for GC to 3 years. I applied exactly 4 years and 9 months after the date of issuance printed on GC to become a citizen and finally I was naturalized after 16 month and 22 days…
Wow, why did it take nearly 2 years to become a citizen after application? I can’t believe a process to become a naturalized citizen could potentially take up to 8 years. By the way, how long was the process to get your LPR?
It took approximately 14 months to get my green card from the date I put the application in the mail until I received the card in the mail box …
Hi,
What processing center was that processed your GC application? Thank you in advance for sharing!
Hi LOT,
What processing center was that processed your GC application? Thank you in advance for sharing!
Unfortunately, many GC holders who file to naturalize wait 1 to 2 years (and sometimes longer) to get citizenship. Hopefully, the Biden Administration will speed things up at USCIS. Take care, Jason
There is a proposal to change the law, but that has not gone into effect yet and requires Congress. The current wait for most people is 5 years. However, if you got the GC based on asylum, they back date the card one year, so you “only” have to wait 4 years (which is 5 years after the date printed on your GC). You can also mail the application up to 90 days early, so really, you only wait 3 years and 9 months. Take care, Jason
Its just that, under ideal circumstances, you would hope to get asylum granted, wait one year, apply, wait a few months, do biometrics, wait a few months, do interview, granted a few weeks and card printed. The other way is, you could wait years to get the actual green card and hearing 1.5 years doesn’t make me too hopeful about getting mine anytime too soon either. With the pandemic making things worse, the residue from the previous administration, current administration likely introducing changes also, this leaves a lot of us in limbo.
But what I suspect is there are tiers in approval process. I think GC’s based on asylum are just not prioritized at USCIS. I am following a group on Facebook and a person who applied for adjustment of status the same time I did, in fact, his case date shows his application was received a week after mine back in 2020. He did biometrics one month after, and just this month, his case was approved and GC mailed.
Difference, his adjustment of status was through an employer. Yet, it was just back in February of this year I got to do biometrics; 8 months after application, versus 1 month for the other persons case.
The big difference, mine is through asylum, his through employment. So, what this proves is, its not a leveled playing field. But it should be, because I waited, I paid all the necessary fees, medical (500.00), lawyer (800) and USCIS own application fees of (1,200). There should be fairness and timely processing of ones application. I didn’t ask for it to be done for free. That 1,200 wasn’t picked off a tree or pulled out of thin air. On top of paying thousands in taxes, I think that should play in the merit of getting things like that done faster. What’s the point of this pointless one year wait to even do the application?
I know why, its like they are hoping you get in some trouble to fk up your case and get you deported. Its nothing but that. The local DMV and Social security can have your card ready in 10 days max, yet a government entity can’t seriously accelerate approval of immigration benefit after being vetted, done the interview and granted asylum. All you can hear about is, more biometric fees this and that. On top, now having to pay MORE money just get another simple plastic called an EAD renewed.
I have also seen GCs take different amounts of time depending on what the basis for the GC is. For an employment case, it is possible that the person used premium processing (depending on the employment category) and maybe that made things faster. That said, I have no idea why premium processing is not available to everyone, and even less of an idea why a GC based on asylum should be so slow, since the person has already been vetted more thoroughly than probably any other type of GC applicant. Take care, Jason
Border surge puts Democratic push for immigration reform on shaky ground:
Apprehensions at the southern border increased 28 percent from January to February, to more than 100,000 people, according to the U.S. Border Patrol, and DHS on Tuesday said that the U.S. is “on pace to encounter more individuals on the Southwest border than we have in the last 20 years.”
The pressure on the border is threatening to become another roadblock to the immigration legislation Democrats hope to advance in the coming months.
Biden’s immigration plan, which House leadership has committed to reviewing after the April recess, would include a pathway to citizenship to some 11 million people currently in the U.S., including those that are undocumented.
“Biden has lost control of the US-Mexico border,” Sen. Lindsey Graham (R-S.C.) said. “Until he regains control, by implementing policies that work, it will be hard to do the Dreamers or anything else … legalizing anybody under these circumstances will lead to even more illegal immigration.”
https://thehill.com/latino/543689-border-surge-puts-democratic-push-for-immigration-reform-on-shaky-ground
I am actually writing something about this issue now. It is not really a crisis at the border; it is more of a political crisis. Even so, I am moving in the direction of supporting a compromise where the border would be shut down in exchange for relief for undocumented people who are already in the US. Whether such a compromise is possible or will be proposed, I do not know, but I think it may be the only way to move forward, and I think it may be the best option for our country. Take care, Jason
Hi,
Can living in USA for long time be a base for asylum. Because the US lifestyle would put us in danger in our country. May be our Childern get kidnapped because they speak American English and look very different and we might face other troubles too
Thank you,
Doubtful
Possibly, but it is usually a difficult case to make. But it depends on the situation – maybe talk to a lawyer to evaluate the specifics of your case. Take care, Jason
Hi Jason!
I’m going to renew my EAD card, should I pass the biometric again and pay the $85 fee?
Or USCIS will use the previously submitted biometrics? (I already did it in 2018, then I received my first EAD at 2019).
Also, my current EAD expires in September 2021, so once I submit the EAD renewal package, how the further process looks like?
Should I expect it to be renewed before my expiration date, so I would already have a renewed EAD and current one at the same time?
Thanks a lot in advance!
You can apply to renew up to 180 days before the old card expires. You have to pay the biometric fee (for a total of $495) unless you are a member of ASAP or Casa de Maryland (I did a post with links to those organizations on September 23, 2020), and then the fee is $410. Whether USCIS will actually take biometrics again, I do not know, but you have to pay for that. EAD renewals are slow, and it could take 6 or 7 months, but once you have the receipt, the old EAD is automatically extended for 180 days, so you should be fine. Take care, Jason
Jason,
I read the below statement from the last three pages of the RTD;
‘No alien shall depart from the United State unless he first procure from the Secretary or his delegate a certificate that he has compiled with all the obligations imposed upon him by the income tax law.’
What does it mean ? Do I need to get a certificate whether I paid my tax and or filed my taxes on time? Can I use the tax return documents as evidence? Or what? I never heard of this thing from anyone I know who traveled.
I have never head about that or of anyone getting into trouble for it. Maybe check the RTD instructions (form I-131 at http://www.uscis.gov) to see if there is anything. My guess is that no one bothers with that provision, but it would be nice to know for sure. Based on what you wrote, it seems to me that proof of taxes paid should suffice – maybe even just the W-2 or 1099. You can also get your tax transcripts as proof of payment from the IRS website or by calling 800-829-1040. Take care, Jason
Hi Json and other Valuable members,
I have a question about RFE:
– I recived RFE for Medicals on my pending I-485.
– Submitted my RFE Response.
– I Sent my RFE request to:
USCIS
Nebraska Service Center
PO Box 82521
Lincoln, NE 68501-2521
On a Priority Mail overnight, it has been delivered on March 11th 2021.
– Now its been 4 Working days (Excluding weekend).
My Status hasnt been updated to “RFE Recieved”, I am little worried thinking if they may not have received it.
any suggestion on this?
Does status gets updated?
Thank you
As long as the mailing address is correct, you should be fine. The online updates are not always accurate and they can also be slow. I would give them a couple weeks, and if there is still nothing, I guess you can try calling 800-375-5283 and asking about the case (if you can reach a person). If the mailing receipt indicates that it was received, I would not be too worried about this. Take care, Jason
Thanks, Jason!
That’s right concern, and it could be expressed only by who is waiting many years for just see relatives….
I have asylum case for 6 years! And no even scheduled interview. How? Due to trump administration turning fifo to lifo, where we ware at top at backlog and when system were changed we’ve appeared at bottom. So, I wouldn’t surprised if it takes 7+ years for my family.
Rescue ? I hope biden administration push immigration act within new concept of prospective lawful immigrant status. It will make pain less , but do not solve root of issue.
Hi Constantine,
I have been waiting for 5 years and 3 months now. I initially applied to LA Asylum office but then moved to san Francisco. Just out of curiosity which asylum office has your case?
If you have not done so, maybe you want to try to expedite the case. It will be easier if the Covid situation improves, but you can try. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
If I ask the Asylum office to put me on short list and if they do schedule my interview then how many days before the interview will they send me the interview notice.
It varies. Sometimes, they call you the day before, and so it is important to submit your evidence in advance. Other times, you get several months of notice. Take care, Jason
Jason,
1 days notice is just crazy stuff. I guess I will have to submit all evidence and be prepared completely before I request the asylum office to put my name on shortlist otherwise It may come as a surprise on a short notice.
BTW Jason people who miss their interviews? Does their case get transferred to court automatically or are they given another chance for interview?
The one day thing is rare, but it can happen with the short list. If you cannot accept the interview date they give you, sometimes, they give you another chance; other times, they move you to the end of the short list (which is not all that short), and so it is best to be ready and to accept the date if they offer it. Take care, Jason
It’s me again Asylee.
The asylum office placed me on the shortlist after several expedite requests failed. I received the call about 6 days before the interview.
I think people on the shortlist are scheduled when originally scheduled interviews are canceled.If someone calls to cancel a day before interview, guess what? “Hey shortlisted, can you come tomorrow, and we are serious “?🤣
Sorry, pending- asylee, I meant.
Thank you Tina. That makes sense.
Hi Jason,
Many thanks for all the information that you provide on this blog. I have a question, my case is in court with MCH in late 2023. My USC wife has applied for I-130 in Dec 2020. If I get interviewed in another year and if the case is approved, can I terminate mu case in court and file I-485 diretcly with Uscis? Given this route will be quicker than waiting for the MCH and individual hearing?
My attorney says that it is not possible and it has to go through the court. So I want to make sure the information that I get is correct
It depends on the case, but normally if the case is “clean” (no criminal issues or prior immigration penalties) and you entered the US with a visa, you can terminate proceedings after the I-130 is approved and get your GC through USCIS. Most judges prefer this, but maybe some judges do not allow it. I have not encountered that, but maybe there is some reason your lawyer thinks you cannot do that and have to get the GC in court. I wrote more about this issue on August 6, 2018. Take care, Jason
Thanks Jason. Do you handle cases in Massachusetts? I have a clean record, no criminal issues etc. But maybe it is too difficult to terminate the case in court so my lawyer is suggesting we should do that?
Can I please get email you privately?
You can email me. It is probably more expensive to use a lawyer in DC if you are in MA, but if you want to discuss, we can (JDzubow@DzubowLaw.com). Maybe you want to ask your lawyer why the lawyer thinks you cannot discuss the case. It could be a quirk with the judge or a DHS policy up there, or maybe some other reason. It is probably worth asking before you decide to switch lawyers. Take care, Jason
Jason,
Thank you for flagging this terrible and horrific situation, we have been facing. Me personally suffering a lot, leaving my kids and wife back home for 4.5 years. It been 2 years since filed an i730 petition, tried four times expedite request but futile. The issue needs to be addressed in humanly manner, what happened to many of us is a real tragedy, the other form of persecution, suffering and aggravated trauma. God help !
Thanks
I am really hoping that the Biden Administration can at least speed up the I-730 process, which has become very slow over the last couple years. Take care, Jason
After Tina’s good news, I have here to share mine. Waiting for more than 4 years, 2 years after the interview, I received notifications about my decision. My status was changed “Fees were waived” first yesterday and “Your decision was mailed” today. I feel happy but still having stress for the unended journey…
This system must change, now I have to wait for the green card then citizenship which may need another 1-3 years for GC plus 5-6 years citizenship. 2027/2028 is our real relief…. from 2016 around 10 years… and this 4-year wait is nowhere in the system…
Anyway, good luck to everyone that is what we need.
Congratulations Firstresponder. Glad that worked.
I am always cautious about congratulating anyone until they get the paper notice, but hopefully this is good news. I won’t say more, as I don’t want to jinx you. Take care, Jason
congratulations. I got 2 years ago same message and my decision was asylum granted. Happy for yoh
Thank you Benizo, how it proceeded then? Have you received your green card? How long does it take to get the green card?
FIRSTRESPONDER, thank you for the update. Hopefully this decision is a grant.
congrats!
FirstResponder,
Did you just seriously get me singing right now?🤸♀️🤸♀️🎤🎤🎸
I am so so happy for you.
Thank you for sharing. We await more good news from everyone else waiting.
CONGRATULATIONS!!!!!!!!!
@Firstresponder, Congratulations. It has been really a long long time of waiting. May you please, share with us, the asylum office, if you are Muslim male or female from one the countries in the Middle East and if you were the only applicant ?
Thanks,
And congratulations again,
Optimistic,
I’d rather not to share too much information about my case. I think it has nothing to do with the other cases other than giving one example. Everyone has a unique journey. Luck is the biggest factor. Jason’s comments and responses are the summary of all cases. there no standard other than facing unbelievable delay.
Waiting more than 4 years. Two expedite request,one before interview one after, more than 5 times follow up request with senator….
Tired, exhausted, and frustrated….