Based on the latest data (from July 2020), there are more than 22,000 asylum cases that have been interviewed, but where the Asylum Office has not yet issued a decision. Some of these cases have been pending decisions for months or even years. What’s the reason for this post-interview delay, and what can you do if you were interviewed, but have not received a decision?
First, let’s talk about some reasons for delayed decisions. One common reasons is the security background check. Before a case can be granted, each applicant is subject to a background check. This somewhat mysterious process involves reviewing multiple government databases to determine whether there are any “hits,” meaning that the person’s name or information raises a security concern. Such checks are largely outside the control of the Asylum Office, and can cause significant delay. At least in my experience, the delay tends to be worse for people (especially men) from majority Muslim countries. While background check delays are common for Asylum Office cases, they are almost non-existent for Immigration Court cases. Why this should be, I do not know. I once asked a prior Asylum Division Director about the discrepancy, and the only explanation I received was that the background checks are different at the two different agencies.
Another reason for delay is that each case needs to be reviewed by a supervisor, and the Asylum Offices are apparently short of supervisors. Related to this is the high turnover rate for Asylum Officers. When officers leave without completing a case, this seems to cause additional delay (since another officer has to review the case, get up to speed, and then complete the work).
Other cases–a minority–are delayed when they are referred to the Asylum Division headquarters for review. I’ve written before about the types of cases that get sent to HQ, but they include cases where the applicant is a diplomat or an unaccompanied minor, where there are terrorism- or national security-related issues, and where a case is likely to be publicized. Headquarters review can take time–at one point, the average wait time was more than one year.
The delayed decisions are particularly frustrating these days, since the Asylum Offices are interviewing so few new cases. Under these circumstances, you’d think they would have more time to complete cases that were previously interviewed, but we are seeing very few decision in such cases. Unfortunately, for many of these old cases, it feels like they have been forgotten, and there is no indication about when a decision will ever be issued.
If you are one of these unlucky souls whose decision is delayed, what can you do? Below are a few options that might be worth a try:
Inquire Yourself: Contact the Asylum Office directly to ask about your case. The most effective way to do this is by email. Such inquiries rarely help, but there is no harm in trying. If you have an urgent need for the decision (due to a health problem or family separation, for example), inform the Asylum Office about the situation (and provide some evidence), and ask them to expedite the decision. It just might work.
Congress: You can contact your Congressional Representative or Senator to ask for help with the decision. Generally, in my experience, this option is not very effective, but there is no harm in trying. It may be more effective if you have a U.S. citizen friend, church group or employer who can make this request for you.
DHS Ombudsman: You can inquire with the DHS Ombudsman’s office about your case. This office exists to assist people who have delayed or problematic cases. The Ombudsman’s office is not terribly helpful, but again, there is no harm in trying. If you plan to make an Ombudsman inquiry, it is a good idea to try one (or more) of the above methods first, as the Ombudsman will want to know what you’ve done to try to resolve the issue.
Mandamus: If you have been awaiting your decision for a long time, and you have exhausted the other options, you might try filing a mandamus lawsuit against the Asylum Office. In a mandamus lawsuit, you sue the Asylum Office and ask a federal judge to order the Asylum Office to do its job (i.e., process your case). Generally, the Asylum Office will not want to waste resources litigating mandamus suits, so they might agree to process the case rather than fight the lawsuit. As I see it, there are two downsides to a mandamus lawsuit: (1) There is not a strong legal basis to force the Asylum Office to process a person’s case. The regulations generally require asylum cases to be processed in less than six months, but there are broad exceptions to this time frame, and the Asylum Office can rely on those exceptions to process cases more slowly. Although the suits may not be very strong legally, they can still succeed where the Asylum Office would rather make a decision in the case than fight the lawsuit; and (2) It can be expensive to hire an attorney to process a mandamus lawsuit. For applicants who can afford this approach, however, it might offer a way to move things along.
Unfortunately, most asylum seekers face delay at every step of the process. It is unfair that the Asylum Office simply does not do its job and make timely decisions, but that is where things stand. For those who have already been interviewed, perhaps some of these ideas can help you push the Asylum Office to issue a decision.
Jason, Me and my family had our interview over 5 years ago, and still pending decision.
Every time I request an update via email, they say its pending mandatory background check, once in person they said no pending background checks, just expect a mail soon and that was over a year ago.
We are Syrians BTW.
My attorney and other attorneys as well advised me not to sue the asylum office as it does not do any good.
I’m really lost
I wrote about some ideas above, but if those do not work, I would recommend a mandamus lawsuit. I am not sure why your attorney is opposed to that, but maybe you want to ask. Mandamus lawsuits usually get a decision in a few months. It may be that the lawyer fears you will get a denial if the security background check cannot be completed, but it would be good to know the lawyer’s reasoning. Most mandamus cases I have seen have resulted in grants, and so I do not think filing a mandamus would cause the case to be denied. We wrote more about mandamus cases on October 2, 2018 – maybe that would be of interest. Take care, Jason
Hi Jason,
My first asylum interview was done in September 2018, and then I received a decision-pending notice. After that, my first hearing was scheduled for Oct 2021, and I again received a reschedule notice for April 2024. A few days ago, I saw that my hearing had been postponed to 2027. Are there any suggestions? Why is it getting delayed?
Thank you,
I am not sure I understand your question, but if your case is in Immigration Court, delays happen all the time. You can try to get a sooner date – I wrote about that on April 20, 2017. Take care, Jason
My asylum grant in june2019, i applied i485 in aug2020 ,afterlong wait i give interview 25jan2024, interview gone good, at end she said i gave u decision after review, morethan 7months gone still waiting for decision, send inquiry 3time by self no result, ur petition under review by officer, I take help congress man, result nothing, what can I do know
Give me advice
Thnks
I would also try the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. If that fails (and it takes several months), you might talk to a lawyer about filing a mandamus lawsuit, in order to force USCIS to make a decision. However, I would first try the Ombudsman. Take care, Jason
Hello,
I have been waiting for my asylum interview for almost 8 years now. My lawyer said that if I reach 10 year mark without interview, I can request green card based on cancellation procedure. We only had brief chat, so I didn’t get a chance to get more details. What do you know about this? Do you know anyone who has done it? how real is it?
THank you!
You can only get Cancellation if you are in Immigration Court, have been in the US for 10+ years before the court case begins, you have no criminal issues, and you have a US citizen or green card parent, child or spouse who will suffer a very severe hardship if you are deported. The process is long, and even if the judge approves the case, there is a waiting list to get the GC (I think it is about 3+ years at this point and getting longer as time goes on. If you think you might qualify, you should talk to the lawyer to evaluate your case, but if you are at the Asylum Office (and not in court), you cannot apply for Cancellation unless you go to court. Take care, Jason
Hello.
To give some hope to some unlucky souls like me, I was finally granted asylum after more than 9 years since interview. I was told many years ago that my case was at the HQ for no known reason. My lawyer tried to contact the office for the first three years but then I moved to a different state and started working and simply forgot about it as I lost my hope in it. I was recommended mandamus by my lawyer but I did not try it as I was stupid and too scared of a denial.
Interviews and decisions are taking a very long time. Anyway, congratulations on finally getting a decision! Take care, Jason
Hi Jason
A friend of mine, he is a retired Syrian doctor
67 years old
He applied for asylum 10 years ago in Charleston office
Then he did the interview 6 years ago
But no decision has been taken yet
I checked my self his case status online
And it tells pending decision
Is there any suggestion please
My experience with many Syrians and particularly Syrian doctors is that the cases get held up due to the TRIG (Terrorism Related Inadmissibility Grounds). Maybe USCIS thinks he treated members of a rebel or terrorist group, for example, and that is enough to hold the case, potentially indefinitely. In the cases I have seen, it is completely idiotic, but that is what they do. In the above post are some ideas for getting a decision, but if all that fails, he might want to do a mandamus lawsuit. That should get him a decision, but if the problem is TRIG, it could very well be a denial and then he will have to do the case in Immigration Court. The problem is that most judges in South Carolina are not very good, and so doing an Immigration Court case there may be risky. Talk to a lawyer before you try the mandamus and make a plan for what will happen if the case is denied. If he can get a decent judge, he should have a chance to win, as cases tend not to get held up so long in Immigration Court, but he will still need to deal with TRIG (or whatever other issues the case may have) and so I would talk to a lawyer before filing the mandamus to evaluate the options and review the strength of the case. Good luck, Jason
I am a pending asylum applicant since 2014 , in Texas .registered nurse had 2 master hearing & scheduled for an individual hearing for Sep 2nd week 2022 after long wait .Unfortunately , automated case system showed as of yesterday , no future hearing was scheduled . I was out of schedule. May I know what could happened? is it possible to contact local congress man to help me scheduled individual interview ?
I would call the court first to ask about the case, as it may return to the docket or be rescheduled soon. You can find their number if you follow the link under Resources called Immigration Court. I do not think a Congressperson will help in this situation. Instead, you can file a motion to get an earlier court date. I wrote about that on April 20, 2017. Take care, Jason
Hello all,
I applied for asylum in 2014. Ever since I have not had an interview. Anyone here that has a similar story? I’m worried something is wrong with my application since it’s been 7 years and 7 months without any interview date. I’m really desperate as my brother has recently passed away. Is there anything I can do to get my interview date. Please help
I am sorry about your brother. Some cases from 2014 are still not interviewed, and so if you have a receipt (and a work permit), your case is still pending. You can try to expedite – I wrote about that on March 30, 2017. If you do nothing, you are likely to keep waiting for some time, as USCIS has been prioritizing newly filed cases over old cases since January 2018. Take care, Jason
Hi, I have been waiting for my decision 3.5 years. I got frustrated. Recently, my status is changed from Application is Pending to Decision Is Pending. I inquired numerous times, and I also inquire via Obbustman. My lawyer told me to wait. He is not suggesting to sue the USCIS. Any suggestion ?
I think it is a personal decision whether to try to sue or not. Some people are ok waiting; others are not. If you have tried everything else, mandamus is the last option. Maybe if the online status recently changed, you want to wait a bit longer and see whether that has any meaning, but I think usually these changes are not meaningful. Take care, Jason
Thank you so much for your response. At this frustrated moment, your words relieve me a lot. Thanks again.
My wife and me got interviewed asylum case.Now we wait ing decoration 5 years.We check our case status it shows Application is pending.
What we should to do
The article above has some ideas and some links that you can try. I would start by emailing the asylum office and also opening an inquiry with the USCIS Ombudsman. Take care, Jason
My wife and me got interviewed asylum case.Now we wait ing decisions 6 years since 2015 We check our case status it shows Application is pending.Looks still not decision complete.
What we should to do…..
My wife and me got interviewed asylum case.Now we wait ing decisions 6 years since 2015 We check our case status it shows Application is pending.Looks still not decision complete.
What we should to do…..We don’t have Attorney..
Hi. I have the same problem for the last 3 years and I have never gotten any decision. Where did you see the status change of decision pending? Please help
Hello Arafat?
How did it go? Ever got a response back? Did you win the case ?
I’m thinking of doing that since my case has been pending since 2017
Hi Jason,
Thanks for your help. I have a pending asylum case waiting for a decision 1.5 years after my interview. My lawyer suggested doing a draft mandamus to DOJ attorneys instead of court. Is that useful? Thank you.
That may get a decision (not necessarily a good decision). Before you try that, if you have not done so, you can inquire with the Asylum Office – you can find their email if you follow the link under Resources called Asylum Office Locator. You can also inquire with the USCIS Ombudsman (you can find a link under Resources as well), though they are not super helpful these days. If all else has failed, mandamus is the last option. Take care, Jason
Hey Jason, I am an asylee preparing to send my Naturalization package to USCIS. How long these days to get the interview to be naturalized? Also, do you have any tips for me and mistakes to avoid. If any of the readers have any question for my trip of granted asylum to greencard, you can ask. Thanks
We have been seeing cases take maybe 1 or 1.5 years for the interview. It varies a lot by case, and so it could be longer or shorter. In terms of tips, I did a post on December 2, 2020 that might help. Take care, Jason
Hello Jason and community,
I cannot believe that after 8 years of waiting I finally got my approval letter. I am sharing my timeline and details here. My journey is a story of patience and resilience. This was an extremely hard journey for me from all fronts: being away from family for 10 years, the pressure of in-limbo life combined with university and Ph.D. studies, and dealing with severe anxiety and eventual depression because of the wait. I am thankful the wait is at least over for this step.
Personal details: Afghan; single; entered on F1 in 2012 and filed for asylum within a year; earned PhD
Timeline:
– Filed Dec 2013
– Interviewed April 2017 (several requests for an interview got rejected; eventually got an interview)
– Decision in June 2021 –> APPROVED!
How I got the decision?
– After the interview, I waited for a year and no update. I requested for expedited decision as my mom was going through grave health conditions. No news.
– Tried going to the asylum office, lawyer emailed multiple times, and also congressmen contacted for my case –> no result and eventually a reply came “pending for background/security checks”
– gave up on the case for 1.5 years
– Eventually in 2020, filed for FOIA (freedom of information act) and received a copy of my asylum file –> to my surprise, my asylum was granted JUST 7 days after my interview BUT the asylum office did not release the decision (This was heartbreaking as I was going through depression; FOIA took 3-4 months to be processed)
– We contacted the asylum office about the decision and again the same lines of “pending for background/security checks”
– Collected a police report from the Afg embassy in the US showing I have no criminal record and I worked with the US forces in Afg; also collected FBI police records –> mailed these documents to the asylum office, but no results
– Eventually, finished Ph.D. and my expertise was proven to be vital for the US per experts in the field –> shared the info with the asylum office BUT no news again
– With all frustration and no hope, I contacted the Ombudsmen office in Mar 2021 –> explained my lengthy case that how my background is clear but my case is being held for no reason while I am an expert that is valuable for the US
– Ombudsmen accepted my case and contacted USCIS
– 2 months later, I got approval!
Moral of the story:
Do not give up. The journey is hard and you will be broken many times. Don’t be ashamed to seek mental health counseling and take medication. (If I would not take medication, I would have died 3 years ago from crying and being sad while I could not be with my mother and all my friends got their asylum; I was not accepting that I have depression/anxiety until a friend begged me to go to a doctor. I used to cry by just listening to some Afg songs). Your background is clear but there is always someone that your case may cross their table and he/she is going to give you a hard time for whatever reason.
I try to answer questions as I can. Good luck!!! Stay Strong. I would have written a post if Jason allowed sharing this story but for now, I hope this helps some of you.
Congrats ! I wish I could be as strong as you…
Congratulations 🎊. You just made my evening. Sitting on my chair and is midnight, no sleep, worried about my children in a war zone with no father or mother. Am a single mum after loosen their dad many years ago. Wondering if I will ever meet them alive.
My decision pending for six months now.
Congratulations to you once more.
You are a hero!
Such an inspiration. Depression, anxiety, limbo, etc.
None of these stopped you from getting a PHD.
Thanks for sharing, and motivating some of us.
Thanks Tina.
Yes – this is also an extremely impressive part of the story. Take care, Jason
Congratulations StrengthHope,
Thank you for sharing your story of patience and resilience. I imagine and feel what you have gone through. Glad that you overcome all barriers and received approval. Hope you see your mom and close relatives soon. I am also an Afghan waiting for my interview for more than 6 years now.
Thank you brother. I am sure you do; I pray for you. I hope you get an interview soon (try to expedite and pushing if you haven’t) and get a decision right after. I know how frustrating it is to wait for an interview.
Congratulations! On the one hand, it is an amazing story of resilience and strength. On the other hand, it is an outrage and a tragedy that the system took so long. My guess is that the case was approved in the sense that you qualified for asylum, but the delay was the security check. This is an idiotic excuse for delay – it almost never happens that way in Immigration Court, but it routinely happens that way at the Asylum Office. Anyway, thank you for sharing this and congratulations again. I wish you best of luck in the USA, Jason
Quick question Strengthhope
For the FOIA, did you also receive information about your original visa application(s), or just information from when you reached the USA?
Did you receive your AOs interview notes as well?
was anything redacted, like information pertaining to third parties?
Thsnks!
I second to this. This is also an area where I am curious about.
I just requested for asylum case. The AO notes was there that why my asylum was approved. And yes, confidential information was retracted such as information about those who wrote a letter or confidential USCIS procedure.
Thanks for sharing. This really inspire me. I have a Similar story it’s been 6 years of waiting. I was interviewed in 2018 till now case is pending final decision. There was a time a visited uscis before COVID to enquire one officer told me the Asylum officer who interviewed me approved my case.
Am surprised it’s 3 years anytime I enquire am told case is pending final decision. I just recently contacted Ombudsman. Do you think they will help me out? How can I apply.for FOIA?
There is a link under Resources called FOIA USCIS – you can use that. Take care, Jason
I am glad it did; that’s why I shared, knowing there are many people who are still in the same situation.
Ombudsman should be able to help you; though, it’s still asylum office discretion to release the decision. Ombudsman takes about a month to let you know that they contacted USCIS on your behalf.
FOIA is only good to see what’s going on with your case. If an officer told you the case had already been approved, then you won’t see much except AO’s notes that why he granted you asylum. FOIA can be requested via your USCIS account online – you need to make an account.
I had my interview 2 yrs now I have been waiting for a decision;for almost 1 year and 8 months,2 months ago they called me for another interview,by same asylum officers;and she promised to give me a decision in a couple of weeks;now it’s been months and no still decision,I have already my ead and social for months now,why is my decision taking so long,do I have any hope of approval?
There are many reason for potential delay, but the most common is the security background check (I wrote about some others on October 20, 2015; also on October 21, 2014). At least you should send them an email inquiring about the status of the case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
What asylum office did you file it at ? It is disgusting to see such people who take joy in making the life of most vulnerable folks miserable . What is your timeline of getting a green card ?
Wow thanks GOD you got approved I’m still waiting for my decision but feeling depressed and worry it’s not easy waiting for so long and now the inmigration crisis that we have in the border makes more longer for uscis to process all the cases, I’m not loosing my faith one day I will get the approval letter.
Almost all decisions are delayed, but eventually, most people get a decision. If all else fails in your efforts to get a decision, you can try a mandamus lawsuit, as discussed above. That should result in a decision. Take care, Jason
Hello,
I hope you are doing well. I am desperately needing your help so please guide me.
I am a citizen of Iraq. Applied for asylum Aug 2020, interviewed Aug 2022, no decision since then. Worth noting that applicants who interviewed by the same officer around that time have already received their decisions 6-10 months ago. Anyway, I had the congressional office inquire on my behalf several times, the response has been “case is pending background and security check clearance and nothing can be done to expedite the decision”. I am facing really hard time living in limbo which led to damaging my health and a significant decline in my social and academic life. Seeing so many applicants have been waiting a decision for many years further exacerbate my problems and makes me question my bearing capacity especially that I am facing all these hardships alone and I see that the background check is not a valid reason that they are holding my case giving that I am a female working as a post doc and definitely with no criminal history.
Now, I am planning to request the help of the Ombudsman Office and for that I would like to include the police report regarding my background checks. I highly appreciate that you give me the steps I need to follow to get that police report since you already did it before.
Please answer my question as I am in real need for that.
If you Google “FBI background check” you should find instructions to get the background check. You can send that to the Ombudsman, but I doubt it will make any difference. They need to complete their own check, and whether you get an “all clear” document from the FBI has no effect on that, at least that is what I think. It is common for Iraqis to wait a long time for their decision, for some reason, and if you have tried other options (the ones I know are discussed in the above article), maybe you want to file a mandamus lawsuit to force them to issue a decision. Take care, Jason
Hi Jason
Thanks for all your efforts in this blog, It’s very helpful resource for all asylum seeker here in the US
I have quick question, how long usually take uscis to process Asylee Green card application now days? Thanks in advance
I think processing times at http://www.uscis.gov are 1 to 3 years, but most of our cases seem to take 1.5 to 2 years. Take care, Jason
Asylum seeker’s political leaning ? :
So are most asylum seekers progressive ? conservative ? moderate ? I always assume that asylum seekers should generally be in the progressive camp…as without those progressives, who will grant you asylum…But recently, when I try to invoke some progressive sentiment used by AOC or Bernie Sanders or other progressive members, I can feel this tangible disapproval from the asylum community…So … is that…progressive ideas like #MeToo #MeicareForAll #BlackLivesMatter #AbolishICE #DefundThePolice not popular with asylum community at large ? Please enlighten me, I respect everybody’s ideology, but I want to get better information regarding what asylum community’s political meaning is so that I can tailor my comment better. Plus I am genuinely curious.
On a more related note. Could an asylum seeker’s political leaning … hurt that particular asylum seeker’s chance ? particularly if some of the ideology is … at odds with the adjudicators’….
So for example, I support #MedicareForAll, but the adjudicator doesn’t. Would that particular adjudicator disinclined to grant asylum compared to a similarly situated case ? Cuz…why bring in people who would vote for my opposing political party.
I don’t believe FGM is at issue tho since it’s a less polarizing topic and I doubt I would find any adjudicators believing FGM is right or defend it.
But what about marriage equality or … situations related to … non-binary people ? For example, I support marriage equality, the adjudicator believes marriage should be between a man and a woman…Could this affect that particular queer asylum seeker’s case ?
I tend to think ideology generally has no effect, but the adjudicators are human, so you never know. Take care, Jason
Thanks Jason for weighing in 🙂 . This will help with the deliberation process and projection for future like in 2022 an 2024.
Hi Jason,
I have been following your website for a while, it’s very informative and the comments are very helpful. Thank you for posting these articles and answering questions in the comments.
If an asylum spouse has approved H1B notice, can the spouse travel abroad without advanced parol? More specifically, can the spouse travel back to home country for H1B visa stamp and re-enter the U.S. under H1B visa status? TIA.
I would talk to a lawyer about that – theoretically, he may be able to do that, but there are some real issues. For one, going to the home country could cause the US government to think the asylum case is fake, which could cause them to deny the H1b. Also, if the H1b is denied for any reason, unless he has AP, there is probably no way for him to return to the US. However, a pending asylum case would not normally make someone ineligible for an H1b, since H1b is a “dual intent” visa, meaning that the embassy will not care whether he is trying to remain permanently in the US – they should issue the visa anyway. However, there are many issues to consider, and I do not know whether he would be eligible or get into trouble. I think before he travels, he should talk over the specifics with a lawyer to understand whether this will work, and to know the risks. Take care, Jason
Hello Hannah,
I have a similar case like yours. Would be grateful if you could share your experience.
Best kind of President for asylum seekers ?:
I am wondering about this for a long time, given some recent events. Is it possible to have a perfect President for asylum seekers ?
Obviously not Donald Trump, but if a Democratic politician is too lenient on asylum seekers, could s/he/it/the accidentally let in many people who pose as asylum seekers but in fact they themselves persecutors ? for example, I come here to seek asylum because this country is a sanctuary for me. But when other people flood in, bring their…culture or customs…like FGM…or some ideas like it’s a sin to to a) b) c). Wouldn’t that be a danger to people already in the US ? I have known the concerning trend of FGM…https://www.cnn.com/2017/05/11/health/female-genital-mutilation-fgm-explainer-trnd/index.html…And I am pretty sure it’s not native-borne idea…Another example would be some religions. My group has fought with religious group multiple times over the years in the U.S. courts…If we continue to bring these backwards ideology to America…wouldn’t this erase so many progressive gains we fought so hard over the years ? Could the U.S. limit the intake for only people who support, say marriage equality or say…oppose FGM ? I don’t want homophobes and cruel cutters ruining our country…Thoughts ? I just feel that there is less and less safe land for asylum seekers these days…If the U.S. is overrun by bad people, that’s really the end for people like me…
In my experience, asylum seekers contribute greatly to the US – in terms of the ideas and skills they bring here, their love of America (which sadly gets tested during the very long asylum process), their energy. From an economic perspective, they contribute more than they take. That said, to me the “best” president for asylum seekers would be one where we get new legislation (through Congress) clearly defining who we want to protect, and then implementing that new law. At least then, we will hopefully have some broader agreement about who qualifies, which will (hopefully) lead to us protecting people and avoiding a political backlash. I don’t see it happening anytime soon, but one never knows. Take care, Jason
Thanks for the insight 🙂 . I don’t believe it will happen soon either. I know that there is a life line for my worry…I believe that anyone who persecuted other people is inadmissible…Let’s hope it can offer some protection for real asylum seekers here.
Is there anyway to just change the email address for correspondence with the immigration and all other files ? How may I do that ?
For people with cases before USCIS, use form AR-11, available at http://www.uscis.gov. You can file online. Take care, Jason
Thanks Jason 🙂 . Guess I will just wait a bit until more parameters of mine change…and then do a comprehensive update…
Hello Jason i applied to renew my EAD on february still i didnt receive my EAD card. How long does it take to renew my EAD? Thanks
I applied in November and still have not received the EAD
I applied in November and still not received the EAD
🙂 I also applied in October. Still waiting
These cards are very delayed lately. We are seeing people wait 5, 6, 7 months or more. I suppose you can try calling USCIS (800-375-5283) or make an inquiry online (follow the link called USCIS Help under Resources), but really, it is probably too soon to expect the card and maybe if you just wait another month or two, you will get it. Take care, Jason
It looks like even the Biden administration is just applying Trump’s evils plans because it looks like EAD cards are almost taking a year to be produced . This is not but wicked
I truly believe they want to improve USCIS. But so far, I do not have a lot of evidence to support that belief…
Hi everyone, I just checked online the status of my application it says: “The next step in your application is an in-person interview. Once we have scheduled your interview, you will receive an interview notice”. I was about to change the address but I’m wandering if this means that I’m about to be scheduled for interview or you all have the same message.
Thank you
Can someone respond to me please, thank you
I believe everyone who awaits their interview has that status, it doesn’t really mean your interview will be scheduled shortly. I have been waiting for mine since December 2015.
Good luck!
Sorry Mimi,
I think that message is standard.
From my experience, when your interview is scheduled, it will update that it has been scheduled.
I do not think this means that an interview is coming soon (maybe it does mean that, or maybe it does not). However, if you change your address online using form AR-11 (available at http://www.uscis.gov), your new address should be entered into the system quickly. If you are worried about it, you can also email the asylum office directly to inform them of your new address – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
The conflation of the RIGHT to seek asylum with “illegal migration” is a threat to asylum and refugee systems across the world. Examples of this threat, which occurred recently, are when Greece’s Migration Minister Notis Mitarachi described asylum seekers from Syria, Afghanistan, Pakistan, Bangladesh and Somalia as “illegal migrants”, and when Kamala Harris, the U.S. Vice President, described the attempt to seek asylum at the U.S. border as “illegal migration”! We must fight back; before we know it, words like “asylum” and “refugee” will become synonymous with “illegal”.
I had my concern over her and it seems to be confirmed. She is not particularly pro-asylum seeker. She is probably more in the camp for economic migrants. I wouldn’t be very surprised the next few years will be the toughest yet for asylum seekers. With Trump looming around, my only hope is that Biden can hang on to his dear life so another more asylum-friendly President could step in.
“If you are planning to embark on the dangerous journey, don’t come”.
She refused to hand Republicans a political talking point with the above statement.
Seeking asylum is legal, and remember she also said, “there are legal ways to do it.”
Her statement will not deter anyone who is determined to come from coming, and I do not think we should conclude that she is not pro- asylum because of the statement.
I would interpret her statement to mean that economic migrants should not make the dangerous journey, because the US is working to assist the country.
Most importantly, Republicans have no new immigration/open border talking point.
So … she cares more about Republican talking points than asylum seekers’ safety ? That sounds very concerning. I wish there could be a President who could take bold actions, regardless of what other people think and regardless of political expediency. I don’t think the care for Republicans will be reciprocated frankly…
And where in her statement did she say people should not seek asylum?
Did I say that she did or did not say people should not seek asylum ?
I do not think her statement was to impress Republicans, so there will be no need for them to reciprocate. .
If bold action is “politically stupid”, we would be at the mercy of another anti-immigrants administration.
You don’t think putting a hold on the flow to determine the faith of hundreds of thousands of people in limbo is a good idea?
Like I said, her statement will not deter anyone who is desperate to reach here.
She knows it, we know it, but she is not letting Republicans blame the administration for any immigration crisis.
That is smart!
She should not be afraid of Republican blames. Only through relentless grilling could any politician get further.
AOC also criticized her. Is AOC wrong ?
I do not think Republicans will reciprocate, but I think there is real danger – including in bringing back Trump – if Biden takes action that causes a strong political backlash. It is a difficult balancing act where noncitizens are pawns who are being harmed in the process. Take care, Jason
The journey is dangerous – that is just a statement of fact. But for many people, not making the journey is also very dangerous. I do think the issue is (and always has been) political – Trump rode to power largely as a result of his views on immigration, and if Biden is not careful, and if he is perceived as too pro-immigrant, it could cause a political backlash that will bring more Republicans to power in 2022. This is particularly dangerous now, with the Republican party being so cray cray. The Biden Administration has a tough task – to satisfy the base and make some progress helping noncitizens, and at the same time, not angering and energizing so many Americans that they create a backlash with severe political consequences. Take care, Jason
Well said, Jason.
My point exactly, but very well articulated.
It is all about politics, and she cannot afford to hand anti-immigration advocates another open border talking point.
Believe me, most Americans want some border control, and Democrats can increase the anti-immigration base if they are not tactful.
Hi Tina- thank you for your response. Questions- did you actually read or listen to Kamala’s statement- one that is clearly political, BTW- on Central Americans coming to the U.S.-Mexico border to seek asylum? In addition, have you ever read section 208 of the INA, the same section that makes you eligible for asylum in the U.S.?
Let’s start with section 208 of the Act [8 U.S.C. 1158], which expressly gives these migrants the right to claim asylum: ” Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum in accordance with this section or, where applicable, section 235 (b)…” In layman’s term, the Act is saying that, regardless of how you get to the U.S. or its borders, and regardless of your immigration status, you are legally allowed to apply for asylum. Until the U.S. changes it laws, specifically the asylum laws, these Central American migrants are, like you and me, should be afforded the right seek asylum in the U.S., irrespective of how they get to the U.S. and whether or not the trek is dangerous (the dangerousness of the trek and how they get here are irrelevant).
I don’t know if Kamala is ignorant of her country’s asylum laws, or if she is pussyfooting around the hot-button topic of immigration, but her “blanket statements” about asylum seekers, to me, are, at minimum, dangerous, in terms of people’s perceptions about what ”asylum” and “refugee” actually mean or involve. Some things that Kamala said, in reference to asylum seekers: “We will discourage illegal migration…” “if you come to our border, you will be turned back…” (a contravention of international refugee laws, BTW) “There are legal methods by which migration can and should occur…” These statements sadly connote that trying to seek asylum in the U.S. is illegal. For instance, when she said that “There are legal methods by which migration can and should occur…”, what exactly did she mean? Did she mean that you can’t claim asylum at the U.S. border because it’s not a legal way of migrating to the U.S.? Would you, an asylee, concur with Kamala in this regard? And if you do concur, would you also agree that the U.S. should change its asylum laws, and perhaps scrap the defensive asylum system and only consider asylum seekers who come by way of air or airplanes?
Of course, not all asylum seekers at the border are genuine asylum seekers. Nor do all of them fit the legal definition of a refugee. In fact, I believe that a good number of them are more aptly “economic migrants”. However, do we actually believe that all asylum seekers who manage to get into the U.S., and are able to apply for asylum affirmatively and defensively, are genuine asylum seekers or meet the definition of a refugee?
Political backlash, racism, xenophobia and political strategy aside (which, at this point and before, is inevitable and are here to stay), how do we, as pro asylum and refugee, ensure that asylum seekers continue to, pursuant to the law, have the right to seek asylum in the U.S., despite how they get to the U.S. or their immigration status? As well, what can we do to obviate the threat of applying for asylum and refuge- though many people already view asylum seekers and refugees as “illegals”- BECOMING MORE synonymous with illegal migration?
I think one (of several) fundamental problems is that the definition of who qualifies for asylum has expanded (based on litigation involving PSG). What we really need is legislation from Congress better defining who qualifies for asylum. I doubt that is forthcoming, but that without a consensus about who qualifies, we are left with practical and political problems that politicians will exploit – not just to harm immigrants, but also to harm many progressive causes. Take care, Jason
That’s what I meant. Please stop using illegal to describe us. Use undocumented instead…I think her remark is highly controversial…if she intends to not rile up progressives and conservatives…I am not sure she succeeded either frankly…
She once ran against a latina for U.S. Senate seat, there could be lingering resentment there…
Also, Gavin Newsom appointed a latino to fill her seat. I think she might want to replace the latino population with another demographic.
Like I said, seeking asylum is legal and I am grateful for the opportunity to seek asylum, and would very much want the opportunity for everyone facing any form of persecution.
By the way, here’s what I consider illegal and cruel. Throwing toddlers over the border wall.
That said, we all know her statement will not deter anyone who wants to come from coming, and her statement WILL also NOT be used by Republicans to expand and energize the anti- immigration base.
You don’t see that? I think she was intentional.
Some of us were privileged to fly in here, and seek asylum, I agree, but I would still pretty much she asked people not to come, than expand and energize the anti-immigration base, paving the way for more cruelty on current and future asylum seekers, should we face another anti-immigration administration.
Do we seriously think she mis-spoke, or she is anti-asylum?
I do not believe so!
I think she was tactful. Remember that her boss, the president is still being criticized for the border crisis after the inauguration.
Here’s how I have wired my mind with politicians- whatever they say during a scripted/rehearsed speech has been politically calculated!
I look out for their actions, and what they say without a script.
I believe we should look beyond that speech, plus she never said asylum seekers are illegals.
If anything, I believe her statement was ambiguous, because why discouraging people from making the dangerous journey “illegally”, she also mentioned that there are legal ways that immigration should occur. Guess what? Seeking asylum is one of them, and I believe she knows that.
I think people are also missing the point that the vice president is a very intelligent legal mind.
Do we really want Republicans to quote this administration as advocating for open borders and chaos?
Keep in mind too that many Americans do not like the crisis at the border.
Her statement is open to many political interpretations and otherwise, but smartly not a talking point for Republicans.
We know it, she knows it, that if Trump could not stop people from coming with his words and actions, a mere political statement of ” don’t come” would not. We should be happy that we are finally not called names daily.
I think her statement was politically calculated.
Regardless of how much democrats criticize her for these comments, it is highly unlikely that they vote republican. The anti-immigration base was starved of another political weapon as well. True or false?
It was a smart approach, because Republicans will not have an extra quote(talking point) for 2022 and beyond.
Let’s judge this administration by their actions when all is said and done.
“Because while discouraging*” that should read.
It’s very apparent that the pre-election prospect and hope is all but gone…Politicians are never trustable. The upcoming years will be very hard for asylum seekers…I just hope that all of us can stick together to get through this difficult time.
Tina, we can, in the comfort of our protection, say what we want. If you recall, it was literally months ago that asylum seekers- and I am talking about the ones who made their way into the U.S. and filed their asylum applications affirmatively and defensively- were being vilified and demonized by the Republicans (remember when Jeff Sessions, for example, started dismantling the asylum system?) Many of us were extremely concerned then; we wanted more allies in our corners, regardless of any political consequence. The reason? We were terrified and we wanted it to stop.
Refugees- the ones who were already vetted by the U.S. government and the UN Refugee Agency- were categorized as a “threat” to the U.S. As such, the drastic reduction in the number of refugees admitted into the U.S. was warranted (in their minds). Even though Biden is POTUS, and there is a new administration, we are still not back to pre-Trump refugee admission levels because of the amount of damage already done. Now, imagine if Kamala, because she is afraid of political backlash, had used her platform as VP, to rehash the same Republican talking points used during the Trump presidency to discourage refugees and asylum seekers (those already in the U.S.) from seeking asylum. That’s exactly what she did- except that, the “culprits” this time are at the border! Of course, many of us would be up in arms about the fact that a Democrat (at that) would use these talking point for political advantage! The issue is that we subconsciously don’t regard asylum seekers at the border- in fact we dismiss them quickly as “illegals” – as genuine asylum seekers, and so it’s easy for us to trample on their rights as asylum seekers. Unfortunately, not everyone is privileged to secure a U.S. visa that would allow them to file an I-589 application once admitted into the U.S. That doesn’t mean that their claim, or right to seek asylum, should be treated less seriously or violated.
You talked about the danger the children experience. You’d be surprised to learn that there are some asylum seekers- the ones who file affirmatively- who have had to make extremely difficulty decisions (I know this because I work with organizations that provide support to asylum seekers and refugees in New York). Trust me, asylum seekers who leave their children on the other side of the border, in the hopes that a good Samaritan would find the child, is pale in comparison to some of the stories I have heard from asylum seekers who file I-589 affirmatively. One lady told me that she had to disfigure her daughter’s face at an early age so the ‘hooligan’ didn’t rape her daughter or sell her off into prostitution. Another asylum seeker told me that he left his children with people he didn’t know and hasn’t seen them for 6 years! The only difference between these asylum seekers and the Central American migrants is HOW they are trying to seek asylum- some manage to find their way to the U.S. and others beg for asylum at the border.
Yes, Kamala found herself in a tough spot, and she has to do everything right, including ostensibly vilifying immigrants/asylum seekers, as she readies herself for the 2024 U.S. Presidential election. However, as a refugee myself, I was disheartened to learn that I was being used as a pawn, especially by someone I hold in high regard, and that she couldn’t use a better or more tactical approach, with all the experts she has at her disposal, during her photo op/trip that was planned to show that this current administration- or she- is against “open border”- or something.
I have two concerns, really (everything else is irrelevant to me): the violation of asylum seekers’ right to seek asylum, irrespective of how they arrive, and the (un)intentional desensitization of people, on a global scale, to the plight and persecution of asylum seekers/refugees by conflating the right to seek asylum with illegal migration.
And, for the record, or as a side note, I do not support Congress “just” limiting who can apply for asylum as a way of deterring who comes to the border (this will not deter people from come). What I support, though, for legal reasons, which is arguably limiting who can apply for asylum, is a clear and unambiguous definition of “Particular Social Group” without denying people, who would otherwise be eligible, the right to seek asylum. The U.S. also needs to make a decision on the section at 208 of the INA, which gives anyone the right to file an asylum application, irrespective of how they arrive, where they arrive or their immigration status.
You won’t be able to change other people’s mind @jamie…I agree with you though. I hope that consequences will register when it comes to 2024 and certain people will not step into power. I will support Donald Trump for President in 2024. At least he says what he means and he means what he says, I find this quality more preferable than Party ID.
I do not think Trump says what he means at all. He seems to say whatever is expedient, and often times he is not telling the truth. That was particularly true when he spoke about asylum seekers, who he vilified and used to help propel himself to power. Another term with him would do great damage to the asylum system, which is already in crisis. Take care, Jason
I want to say tho I don’t mean to support Donald Trump as a first choice. There are a lot of better, more pro-asylum seeker Democratic politicians. But Trump could be my last choice. I find it perplexing that democracy in the U.S. cares more about calculation rather than integrity and altruism. I prefer to live in a world where more people say what they mean and mean what they say. More straightforward and chill and more willing to take bold actions. Because, if a person is too shrewd, you don’t know if one day that person will turn his/her back on you. I find such people unreliable and you shouldn’t trust him/her.
Good to know that you found one ” honest” politician.
I may be searching for the rest of my life.
I take back my support for Donald Trump then. And I am sorry the damage done by me to the asylum community at large if any. But other opinions still stand…I am a little concerned that political discussion tends to tear the asylum community apart when we should stick together. So I will do my part to withdraw from any further controversial discussion.
Are we seriously pretending we do not know that Politicians all over the world say anything that would help them politically ?
I say again, I care about what politicians do than what they say.
Jeff Sessions acted more than he talked! The Trump administration unleashed cruelty on a monthly basis, quietly, most times.
In the first 6 months of the current administration, do we feel more at peace and hopeful or not as immigrants and asylum seekers?
I can begin to list them here one by one..
Politicians shift their talking points for political expediency. Their actions hardly match their words.
The vice president did not call immigrants names, did she?
Unfortunately, that method of crossing the border is called illegal border crossing(fact), but crossing the border illegally does not mean they are barred from seeking asylum, or that they are doing something wrong.
I honestly wish the US can make a decision on how to resolve the immigration crisis, and not keep changing ,and dismantling policies with every administration.
Has anyone researched to know how Americans of every party affiliation feel about the crisis at the border? She is trying not to expand the anti- immigration base by giving the base a brush to paint her as an architect and advocate for open borders and chaos, just as they have painted the President.
We should not be arguing about that comment, or make it look like some of us support people who are anti-asylum. The vice president is not, and we know her statement fell on deaf ears, because when people/parents are desperate, they don’t care. I would not care too.
As a matter of fact, someone wrote somewhere that, ” that she said it, does not mean she will actually turn people back”.
Look at the actions of this administration so far, and tell me if it has been anti- asylum.
She did what politicians do.
Unfortunately, it has angered asylum seekers, but if someone like President Trump went and said to them in Guatemala “you are welcome to our country “. I would be blowing gum while having eye rolls, because his action would never have matched that Comment.
For Kamala Harris’ comment, I smiled, because I knew she was being a politician at that point. I am sure some Republicans had eye rolls.
My point is, let us watch this administration to see what they do with immigration and asylum.
What they say deserve eye rolls, because that is what politicians do, say whatever is politically expedient.
@Jamie, it broke my heart to read about the extent those mothers had to go to protect their kids. oh my goodness! Stories like that make me not want to be in this world anymore.
I will however still maintain that throwing toddlers over that fence is outright dangerous and cruel. They could have died.
I mean…even AOC and several White House officials are perplexed by her comments. I don’t think any of us here is more reputable than AOC or those White House officials. If she is being a politician, I don’t think she did a good job frankly. I notice that this discussion has been disruptive and I signaled that I wanted to end this discussion. But it’s a bit frustrating that I still get comments incoming, which forces me to respond because I hate to leave anybody hanging…
Well, thank you for the courtesy to respond, and it is okay to respectfully disagree.
You are right! This conversation should be over, and I am DONE!
If I respond to the AOC comments, this will not end, so I will reserve my comments on that.
It is ironic that the migration is considered illegal, but people have the right to seek asylum, which makes the migration legal. I did a post parsing this issue on December 30, 2013, if you are interested. Take care, Jason
Thank you Jason. Illegal is a derogatory term to asylum seekers, containing criminal implications. I expect that to come from Donald Trump, not from Democratic politicians. Asylum seekers should be protected. #BelieveAllAsylumSeekers
I am not really in agreement with this idea. Many asylum cases are fraudulent, and we need to try to weed those out in order to protect the integrity of the system. Asylum is a generous benefit and if it is abused too much, or if too many people who were not the intended beneficiaries of asylum obtain asylum, there will eventually be a backlash that could cause asylum to go away. Had Trump been less incompetent, or had he won a second term, asylum may very well have been eliminated. I think we do well to preserve the integrity of the system by doing our best to ensure that those who benefit from it are legitimate asylum seekers. This is the best way to keep asylum around for future people fleeing harm in their countries. Take care, Jason
Dear Jason, My husband along with my children had an interview in the Arlington office 2 months ago. We inquired and send an email for a decision. However, we received a reply as our application is on the final decision. From your experience can you tell me what is this means?
Is it an automatic reply to anyone who inquired?
I have received a response pretty same last year. Had to wait for 5 more months to receive the final decision. Of course, your case can be different but I think it is a good thing.
Plus, after you read my answer and other responses, some time will pass and you will get a result whether approval or something. Can you please visit this page again and/or the coming posts and let the people know what exactly happened? I feel exhausted seeing people coming here asking questions and does not contribute a single word in return.
The wait time for a decision from Arlington seems pretty slow. I think I had about 8 or 10 interview there this year, and only one or two decisions. In some cases, I can see that there might be security check delays, but several of the cases seem like there should be no such issues, and so the delay is hard to understand. Especially since they are not interviewing all that many people, you would think that they could issue decisions more quickly. Take care, Jason
Hi Jason,
I know that even if you are GC asylum based holder, you will always need to use RTD. but what if GC holder ( based on asylum) starts using his national passport (of course not returning to the country of persecution) will that be a big concern? thanks
I have had clients do it (often because the RTD is too inconvenient), and no one has had trouble. However, if you fear your home government and use the passport, it could raise questions about the validity of your asylum claim (why would your home government give you a passport? Why would you use the passport?). You should be prepared to answer such questions if asked. If you fear a terrorist group or other non-state actor, it is easier to explain why you used your passport. Take care, Jason
https://www.latimes.com/politics/story/2021-06-07/vice-president-harris-meets-with-guatemalan-leader-on-migration-issues
Vice President says the asylum seekers will be turned back, is this signaling the Biden administration’s shifting policy to a more anti-asylum seeker one ?
what can be done about the RTD (refugee travel document) situation ? .currently it takes 6 + months to get one for a document that’s valid for a year that has to be valid for 3/6 months to travel to certain countries . i don’t get why the government not extend the validity to 2,3, 5 years …!! . can asylee sue the government over this?
This is not a high priority for advocates, as there are many other issues that are more important. Nevertheless, the RTD is problematic, and it is a very easy fix, so it would be nice if they would just make the validity period longer. There was a proposal in about 2007 to extend the RTD to 10 years, but it never happened. Take care, Jason
Hello Jason,
What is your opinion of an Asylee pending adjustment under 209 who travels with Advance Parole (without RTD)? Will the returning asylee be admitted or paroled (and does the difference matter)?
I cannot find any guidance online but the USCIS would issue advance paroles for Asylees if requested. Thank you
I do not know, as the asylee is eligible for the Refugee Travel Document, which is better than AP. For this reason, I have never applied for AP for a person with asylum. I suppose it is possible to do that in conjunction with an I-485, but I do not see why you would want to. If a person does travel with AP and is re-admitted, they would still be eligible to adjust status, and so in that sense, maybe it would not make much difference. Take care, Jason
hello Jason and all
I have recently received my green card but I m not yet back to usa , technically I m with my wife abroad .
my question is , my wife she is my cousin can I still sponsor her , or it will be difficult .
If the marriage is lawful, you should be able to sponsor your wife. If you have a GC, the process can sometimes be slower for than if you are a citizen, but you should be able to sponsor her, as long as she is eligible (no prior deportation orders, arrests, etc.). Take care, Jason
Any update or plan if USCIS will go back to FIFO for Asylum interview or they don’t even think about that?.
Because I think they can go back to the fair system by now if they really consider that.
BTW I applied @ LA office September , 2016
Thank you
So far, there are no updates, but I do expect we will start to see the Biden Administration issuing new regulations and policies that effect asylum seekers (they had announced some “studies” earlier in the year, and those should be complete by now). So maybe that will be part of it. Take care, Jason
I’m waiting for the interview since Feb 2015 expedited 6 times no luck in New York. I Don’t know how they can do this cruelty with us, We need to be heard Jason.
Sorry to hear this. Allow me to ask;
Have you used Senator/Congressman in any of your expedite requests with supporting documents?
Have you tried to submit the request from DHS Obbustman?
what about the Mandamus lawsuit?
Hi Jason,
A friend of mine, an activist from Hong Kong who had been arrested and is still hunted by the Chinese police for his activism, is now stranded in Mexico. He doesn’t have US visa and hopes to walks to the border, turn himself in to CBP, and seek asylum — would it be feasible under the current situation?
Maybe, but I am not at the border and I do not know much about specifics there. Many people are being turned away based on Covid (under Title 42 of the US Code), and I do not know how a Chinese national would be treated. He may want to contact some non-profits near the border to see if they have a better idea about the situation there. I did a blog post on September 22, 2016 with links to non-profits in different states. Maybe you can find some non-profits near where he is located and contact them. Take care, Jason
Wait, isn’t China the No.2 country in the world ? That’s what I heard at least. Why there are so many people doing like protesting or seeking asylum such ? Just curious, can’t understand. I mean it’s not No.1 but isn’t No.2 good enough ?
https://www.usnews.com/news/best-countries/power-rankings
Source attached. Just in case anyone asks…I don’t understand why people from at least No.2 to No.20 should seek asylum in the U.S. Like your country is already very powerful and affluent…
Feb 2015 and waiting to this day expedited 6 times no luck in New York. I Don’t know how they can do this cruelty with us, We need to be heard Jason.
I am waiting since Feb-2016 for the interview
Agreed – we did some lobbying on this point, and you can call your Congress people to talk about it as well. I did a post on April 7, 2021 with more info on this point. Take care, Jason
I’m waiting for the interview since Feb 2015 in New York. Don’t know how they can do this cruelty with us, We need to be heard Jason.
We have done some lobbying on this point, and that will continue, but things are very slow and it is difficult to get them to make changes. Take care, Jason
With the new descriptions for court cases, I have an RFE for jan 2022 for asylum. I am a victim of Crime that the individuals were converted and sentenced. I am also apply for a U-visa. If all goes will I will be filing for the U-visa. Can I apply for relieve from Court and apply for GC base on this new rule for uscis to relieve victim of serious crimes? Do I have to apply to the court for relieve to the court or uscis? Or will people like me be eligible to apply for freedom that will cover RFE and U-visa by asking uscis to grant them a PR? What can person like me do with this new law?
What do u think I can do? Pls advice. Thank you Jason.
I am sorry this happened to you. Hopefully you all recovered, may I ask what crime happened ?
😊 SMH
😊 SHM @ asylum seeker
Yes ?
I do not know what you mean by an RFE – is that for the U Visa? There are no RFEs in court. But if you have a U visa case and a court case, maybe it is possible to put the court case on hold while the U visa processes. There is a new memo to ICE prosecutors – it was sent to them on Friday, but I have not seen a copy, as it is not yet public (though I expect we will see it very soon). That may help you. Also, you would do well to talk to a lawyer to see how best to proceed with the two cases (U visa and court). Take care, Jason
Hi Jason, i lost my passport, EAD and SS card but my EAD is expiring soon. What should I do. Thanks for your help
Hi Jason, i lost my passport, EAD and SS card but my EAD is expiring soon. What should I do
You can apply to renew the EAD normally. We typically include a photo copy of the expiring EAD, but I am not sure whether that is required (check the I-765 instructions at http://www.uscis.gov). If you do not have copies of your documents, you should be able to get them by filing a Freedom of Information Act request with the government – follow the link under Resources called FOIA USCIS. Take care, Jason
Hi Jason, first of all, I want to say a huge thank you for caring about asylees and sharing with us your knowledge and updates. I’ve been religiously following this blog since early 2017 (or maybe even earlier), and really appreciate all the time & attention you have been putting in it.
I haven’t had a chance to comment much, but now it’s my turn to ask a question 🙂
My EAD expired in April 2021. I applied for an extension in November 2020, so it’s been pending for over 6 months now. It’s been processed in Potomac, and that office currently seems to be the slowest one.
And based on small research and available resources, it looks like that timeline is growing there, but currently, they are processing EADs from applications of a bit over 8 months ago. So if I’m lucky it should be processed around mid-end August.
My Driver Licence and ID expire on July 4th, and my passport from my home country expired in 2016.
When I applied to DL last time (2 years ago) they didn’t accept the notice of receipt and said that for Real ID, I need to have approved EAD on my hands.
So the question – do you, Jason, or anyone from fellow applicants, know if I can make an inquiry to UICIS regarding my EAD, basing on ID expiration?
And if not (which I assume would be the case), will I have trouble having no valid ID staying in US?
I do understand I won’t be able to fly or drive and will have to carry a copy of my Notice of Receipt for Asylum Application at all times, but is there anything else I could do?
Thank you, Naya
I think you should try to call them – 800-375-5283. It is difficult to reach a human, but if you do, you can explain that you will lose your ability to work and drive, and that it is an emergency. Maybe that will help expedite things. You can also make an inquiry online if you follow the link under Resources called USCIS help. I also did a blog post with ideas for expediting on January 29, 2020 – maybe that would help. It is a real disgrace that EADs are processing so slowly, but maybe if you call or contact them, it could help. Good luck, Jason
Thank you! I will probably wait a bit more like somebody mentioned below, and will try to apply for expedition closer to expiration date of my extension.
Thank you so much again for starting this amazing forum where people can share their experience and ask question!
Jason I applied for my EAD renewal on April 1st 2021. Yesterday I called USCIS on the number that you provided and spoke to a USCIS agent. They told me that Potomac service center is currently processing EAD applications from July 2020 and the current processing time is 7 to 11 months. They told me to call back 1 month after my EAD expires and talk to the USCIS agent once again to submit an inquiry or expedite request.
This is ridiculous …..They are deliberately causing so much delays……..
BTW if you keep pressing pound sign multiple times, the automated system will redirect you to speak with an agent….The wait time was still close to 35 minutes to speak with a live agent……
That is worse than I thought. You might also contact your Congress person, as they can sometimes help move along a slow case. In your situation, it is just over 2 months since you filed, so it is probably too soon to be inquiring, but the news from the person you spoke to is not encouraging. Take care, Jason
I totally agree that this is too ridiculous. Not just Potomac is the slowest center in processing EADs for Pending Asylum, but they are also reviewing other EADs in much faster timeline (2 to 5 months), why wouldn’t they just divide the force to make it more even? Or extend validity time of EAD..
You can ask to expedite your EAD processing only if you suffer financial loss. I recommend to do it 2 months before your receipt expiration date, if you don’t receive your EAD yet.
My Real ID expired in March, I got AB60 ID (for California). It still works as ID here, and the deadline to get real ID pushed to MAY 2023. So don’t worry.
Thank you so much!
I’m also in California, so I’ll definitely look into AB60! Do you know how long is it usually valid for, would it be a year form issue date?
Hi Naya,
My AB60 driver’s license is valid for 5 years. It took about 2 weeks to get it. Good luck!
Hello Naya,
I was able to get my DL renewed with the receipt notice at SF DMV location. My current EAD ID which is expired now had a couple more days left on it at that point. Didn’t have any issues.
That is very interesting, I am also in California but I did not know about AB60 ID, My EAD expires in SEP 2021, I applied for renewal on April 1st. The EAD is being processed at Potomac Service center. I will also try to apply for an AB60 ID since it’s validity is much longer.
Thank you for sharing this useful information.
Hello Jason, what is the way forward based on the new ICE directive tjat says they are eligible to settle out of court. If they do what relief can one apply for are you asked to leave the country? What happens then? I filed for asylum based on my US citizen daughter who was going to be a victim of FGM from her fathers family. I had to flee because she was nearly abducted. The directive from ice states that you have to be a immediate relative of someone in serious danger physical harm or other serious danger etc can this be classed as a case they can use to close the removal proceedings? I have my mch in November? Please enlighten us
The memo was released on Friday, but I have not seen it yet (it was not public as of this morning, but if it is not available by now, it will be soon). My understanding is that it will allow certain people to close their court cases. Whether they actually want to do that is an open question – sometimes, it is better to continue the case. You should talk to a lawyer to make a decision about how best to proceed, as it depends on the strength of your case and your goals. Take care, Jason
Hi Naya,
Receipt should be enough to extend your DL. I am in the same position. I’ve applied for EAD renewal in November and DL expired in April. As long as you applied for EAD renewal before expiration DMV has no problem renewing DL. Maybe depends on states. I am in Florida so no problems here. Maybe try to go to different DMV’s around your city/town.
Hi dear Jason. Thank you so much for this amazing website and your valuable work for the community.
I have a dilemma regarding my situation. I have an asylum case pending, no interview scheduled yet. Recently I won a green card lottery which I am so excited about, and preparing adjustment of status application based on that. I don’t know how to answer the question about being arrested before. I have been arrested once before for exercising my religion in my home country and my asylum based on religious persecution. Do you think USCIS will check my asylum case when processing my GC application? I don’t want to say yes to the question because I don’t have documents to back that up. And the application is asking for documentation of past arrest.
Thanks so much in advance. I appreciate your help in this.
I did a blog post about the GC lottery on October 5, 2015 where I discuss eligibility to adjust status – you need to be sure about that, as many people need to leave the US to get the GC (talk to a lawyer if you are not sure). In terms of the question, I think you need to say yes. You can circle the answer and write “see cover letter.” In the cover letter, you can explain what happened and attach any evidence you have. USCIS will have all your applications, so the asylum case and the GC case should be consistent or you should explain any inconsistencies. Take care, Jason
Don’t think about DV lottery.I applied for asylum 2015 and won DV lottery 2017.When you are in the U.S. and win DV lottery, you have to leave here to adjust your status but you can’t because of your asylum case. I think winning DV lottery for asylum seekers in the U.S. is really useless .I was happy one week until I consulted with two immigration attorneys and learned that the only way for adjusting the status for asylum seekers without leaving this country is getting GC from the family members.
That is correct in most cases, but there are some rare people who are able to adjust status if they win the DV lottery (I wrote about that on October 5, 2015). If you win, it is worth checking with a lawyer about eligibility to adjust, but for most asylum seekers in the US, the DV lottery will not help. Take care, Jason
Hi Jason!
A week ago, I was joining the company and was filling out Form I-9; in box #4(“An alien authorized to work until…”), I wrote that my EAD expires at a specific date. Yesterday (On my first day of work), I was contacted by an HR person from my job, and she told me that since I have an asylum(I have pending asylum, and she requested the I-765 copy), she needs me to put “N/A.” in that field. I did put that, and she sent the form. It is a temporary (4 months job), and my EAD expires in 1.5 years. The company participates in E-verify.
Is that a mistake? Do I need to resubmit the form?
I do not know a lot about the employment stuff, sorry. But it seems to me that if HR knows what to do, you should be fine. And worse case, you will have to resubmit the information to e-verify. Take care, Jason
Is it a good idea to bring in additional opponents in our asylum cases. I remember someone here asked about how much an asylum seeker can assert their rights ? So, e.g. If I brought litigation against somebody, who knew about my asylum application. I think to get back at me, that defendant could conceivably do a lot of things to retaliate. In the face of such development, should an asylum seeker still do what should be done (bring litigation) ?
Asylum seekers (and immigrants in general) are more vulnerable to bad actors, and that makes such people less likely to report crimes or assert their legal rights. My instinct is to protect yourself and try not to be intimidated by people who want to take advantage of you, but everyone will have to make their own decision about that. Take care, Jason
Thanks Jason for weighing in. That really helps in the decision process 🙂
Dear Jason
Will apply for Green card based on my asylum in two months- i have a question-
I have waited a year from interview date until I received my asylum approval usually during that one year wait- everyone was saying its all because of background checks-
Will i go again for background check for green card?
And how soon i can get my GC – im so tired of all these process
I believe there is another background check, and the processing time for a GC is 1 to 3 years (you can see processing times at http://www.uscis.gov). Most of my clients get the GC in 1.5 or 2 years, but even so, it is very slow. Take care, Jason
Hi Jason,
Sorry to insert myself into this but do they not conduct a background check for every immigration benefit even A Refugee Travel Document? I think what Elii is concerned about is wether they will conduct the same lengthy background check as the one he had after his asylum interview. A background check for a RTD is much faster than the kind of background check that comes after an asylum interview. The ridiculousness of it is that they conducted a lengthy background check before granting asylum, and would delay your green card application under the pretext of conducting another background check. Give me a break.
CORDY, that’s right! You see right through their BS! They are an immoral, unscrupulous bunch, I tell you. And they have the audacity to try to insult our intelligence.
Jamie,
Exactly! Plus, they’ve been playing so many shinanigans. It’s almost as if they are punishing you for trying to do it the legal way. From increased processing times to extensive so called background checks (that really doesn’t make sense when you examine the process), and even hostile methods such as not being able to communicate to an agent. They could obviously do a MUCH better job. Applying for adjustment of status isn’t cheap. Do your “damn” job, or don’t do it all and let people know that you don’t like immigrants, legal or illegal. Recently they’ve put so many ressources into trying to deter fraudulent claims. I’d like to see the statistics on that. Was the money, time and effort put into it really necessary; when you jeopardize the whole system and put hundred of thousands of people into long and uncertain waits.!We’ve seen uSCIS deteriorate under the Trump administration but this is USCIS under the Biden administration. Still they do not make significant changes to streamline processing times? Shake my head.
Democrats were outsmarted during the Obama administration on issues such as The Supreme Court (remember when Republicans blocked his S.C. Picks?) and immigration. It’s so disappointing to see that they’re still not willing to put much political efforts into such issues. Show some spine instead of trying to compromise. Democrats control all branches of government and they still struggle to make significant move on immigration and immigration agencies? Why all the unnecessary interviews (For Adjustment of status for Asylees)? Why fingerprint refugees and Asylees for each and every immigration benefits? You already have all the info you need.
Sorry for my rambling.
I do not really know any specifics about different background checks, and I do not know whether they perform cursory background checks for every application. I suspect that they at least check their own databases for any new “hits” that might make a person ineligible for the benefit, but I am not sure about that as sometimes people get benefits that we later learn they should not have received. The idea that an extensive background check is needed a year or two after an asylum case is ridiculous, though, and I am not sure how carefully they check that or what exactly is the reason for the very long delays in getting a GC. Take care, Jason
Jason, I agree that background checks are probably “layered” (for want of a better word) as it concerns the type of immigration benefit sought. To me, it makes sense to do a cursory background check when, for example, an application for employment authorization or refugee travel document (RTD) is submitted. However, it really does boggle the mind that the DHS/FBI would do a cursory, or incomplete, background check on applicant whose asylum application was approved. If the government is concerned about the identity of an asylee/refugee (one who has been granted asylum or admitted to the U.S. as refugee), and therefore the safety of its citizens, doesn’t it make sense that the government would do a thorough background check before the applicant is granted asylum or admitted into the U.S. as refugee since these statuses are indefinite and potentially permanent? Practically speaking, there is not much of a difference, as it concerns how a refugee/asylee lives in the U.S. versus someone who adjusted his/her status based on her his/her former asyleee/refugee status. Unless, of course, the government believes that when the person applied for asylum s/he was less capable of committing crimes or hide his/her identity, than when s/he is applying to adjust his her status. You see that? Logically, it doesn’t make sense. If the background check is required tp take longer and be more “thorough” because of legal requirements, then it still doesn’t make sense. Theoretically, it’s easier to deport someone who has adjusted his/her status to LPR than it is someone who has asylum or refugee status. In my humble opinion, before asylum is granted, or before someone is admitted as refugee, a thorough background check should be performed (this would also help in streamlining the process). Then, when an application for adjustment of status is submitted, the government should really be looking for new information or if a crime- one that would trigger a bar(s) to adjustment of status under the INA- was committed, in the U.S. or overseas, while the applicant was in asylee or refugee status. A such, if someone waited 6 or 7 years, for example, for an asylum approval- perhaps because the asylee had paid a ransom for his release, for example- it cannot be justified that the asylee should wait another 8 years, for example, for his GC to be approved because of the same trig issue. It’s not only unfair; it flies in the face of logic and common sense.
I agree with all this, but the fact is, sometimes a GC is delayed for a long time after asylum also took a long time. In part, it is because there are different requirements for the two types of relief. In short, all this should be streamlined and made consistent. I would be in favor of automatically issuing the GC one year after asylum is granted, and skip all background checks. If something comes up, or if the person commits a crime, the government should take action against that person – whether he is applying for a new benefit or just living here with an existing benefit. We really need a complete systematic over hall, but whether that will ever happen, I have real doubts. Take care, Jason
Hi Jason,
Hope all is well! I’m currently in removal proceedings and filed marriage based I-130 around 6 months ago (no interview so far) My lawyer told me that the priority date does not count for me to get an interview because I’m in removal proceedings. Is it true? Can I do anything to get the interview before my court date? I just don’t want it to be pushed again for another 2 years. Could you please suggest something?
You can try to expedite the interview. I wrote about that on January 29, 2020. It used to be that DHS (the prosecutor) could sometimes help move the USCIS case along, but I have not seen that in a while. Unfortunately, the system is just slow (I Was at an I-130 interview today for a person in court – we filed the I-130 case in 2019). Typically, you ask the judge to continue the case until the I-130 is approved, and then you try to terminate the court case so you can get your GC through USCIS. This is not always the best path, as it depends on the case (I wrote more about this on August 6, 2018). Take care, Jason
@ Asylee ….I-130 Applied in March 2019. In Removal proceedings and MH dates has been changed 3 times over the last 26 months. No interview call Yet. Senator intervened, no result. Congresswoman Intervened, no result. Sent 4 Out of processing requests myself and one by my lawyer. Random computerized replies always I got. Letter was sent , disappeared, no answer back. Its just a broken system according to my lawyer.
But nowdays I see much more rush right outside of USCIS office everyday I pass by and a big Interview sign placard displaced with an arrow pointed directing to designated gate. That means progress has been made and hopefully an interview call would be right at the Corner. Finger crossed.
I agree that the system is broken. I am also seeing more interviews and more people at the offices when I am there for interviews. Take care, Jason
Hi Dove,
which filed office are you from? That’s pretty long, I was hoping to get interviewed in 10 months but my lawyer told me it can take 2 years. My grandmother is sick in a third country and I am hoping to meet her as soon as possible but don’t think I’ll make it.
FYI I’m in Boston Field office.
For travel to see sick relatives, the better bet is to get Advance Parole and use that to travel and return. I wrote about AP on September 11, 2017. Hoping that the asylum case will get quickly resolved is not a great idea, as such cases can be very slow (and can be a lot longer than 2 years – the wait time is simply not predictable). Take care, Jason
Hi Jason, for Asylum based I-485 for principal applicant, is having an interview is the norm or the exception? I always read that Green cards for asylees are usually without interviews but my lawyer says almost all have interviews!!
USCIS said that everyone would be interviewed, but that never happened. I believe most (maybe all) dependents will have interviews). Some principals get interviews, and others do not. There does not seem to be any pattern to this, as far as I can tell. Take care, Jason
Hi Jason,
Please from your experience from an Advance Parole document does it include a passport number in it?
I want to apply for the AP as my passport is expired and it may take time to be out in my country’s embassy.
I will appreciate anyone’s experience on these.
Thank you.
I do not remember, but I think it does not have your passport number on it. Maybe someone else here knows for sure. If you are applying for AP in conjunction with a work permit (for example, if you are getting your GC based on marriage), then it does not have your passport number, but for asylum pending AP, I am not sure. Take care, Jason
Hi Jason,
Thank you for all you do for the asylum community! Can you say something about delayed GC decisions as well. My GC application based on granted asylum has been with the USCIS for two years. Why do they take so long to approve the GC provided that they have already done the background check before. I am concerned.
Thanks again
AK
AK, I feel your pain. Your question about the length of time they take to approve asylum-based GCs, especially since they perform background checks for every step of the process and already did a rigorous interview(s), is the million dollar question. Hopefully your case will be approved soon.
I do not know why it is so slow, and I think it is completely ridiculous. USCIS has had a lot of problems, and almost laid off 70% of its workforce last year, and so I know there are issues, but I see no reason why an asylee adjustment should take more than 15 minutes, given that the person has already been vetted. Sadly, the USCIS processing time for such cases is listed as 1 to 3 years, or something like that. Take care, Jason
Has this even happen before for anyone to travel without a visa to the US port of entry like the airport and seek asylum?
A uncle of mine wanting his wife and kids to travel by plane without a visa. They all have passport. Will they be allow in the US at the airport? If not can they seek asylum at the airport? Or will they be deported right away she and the kids after riding the plane all the way to the US from the Philippines? My uncle has been in the US for 6yrs now seeking asylum but was given RFE 1yr ago. He actually had a situation that force him to come to the US and seek asylum. He got a visa before coming. But his kids and wife are back home.
Can they come without a visa? What do u think may happen to them at the airport if they arrived?
I do not think they will be able to board the plane without a visa. Airline pay a fine if they bring people to the US who do not have a proper visa, and so they check such things. If they do reach the US border, they can apply for asylum, but it is likely they will be detained, and they could be deported quickly depending on the case. If their husband/father has a pending asylum case, maybe the better bet is to try to have him expedite the case – if he is granted, he can file to bring eligible family members to the US. I wrote about expediting on March 30, 2017. Take care, Jason
Hello Jason,
Your post made me think a lot that I even went back to reading some of your old POST. Do you think that if someone got arrested illegally and paid money for his release could be on a TRIG? I am asking this because I have a very genuine case and I have been on the news lots of time but I don’t understand why USCIS has been holding my decision for 5 years now. I was reading this your post: “The TRIG bar is quite broad and many people are potentially affected. This includes people who worked for or supported terrorist organizations (or more accurately, organizations that the U.S. government views as terrorists), and even includes people who “supported” terrorists under duress. An example might be someone who paid money as ransom or who was forced on pain of death to provide services to terrorists. TRIG is particularly tricky because some cases (recent numbers are not available, but last year’s numbers are here) are placed on indefinite hold, meaning the applicant will never receive a decision, at least not until the government gets around to enacting new regulations on the subject” Though USCIS stated that it would like to interview me for the second time, do you think they may still not issue a decision because I paid a ransom in the past? Will I have really have to live with the fear of being deported simply because I once feared for life and gave money to my oppressors? That is so bad
It is bad, and it is a potential problem. If you have a second interview coming up, hopefully that is a good sign. I do have one case where the person paid a ransom (to criminals, not terrorists) and it has been over 5 years with no decision. I have urged the person to file a mandamus, but that is not something he wants to do. In your case, you might see how the second interview goes, but if there is no progress, a mandamus might be the best option. Good luck, Jason
Hi Jason,
I know it might sound outrageous, but I want to ask.
Is there any provision in the asylum law that mandates USCIS to conduct an interview in order to grant asylum ? I mean, is the interview component a must of the process? We know that USCIS has the practice of referring some asylum seekers to the court without interviewing them. We know people can get some immigration benefits without an interview as well. But is there any law that prohibits USCIS from granting the case without interviewing an asylum seeker based on the documents already submitted?
Thank you,
I personally disagree with asylum without interview or court process. Only real asylum seekers should be granted asylum.
@Asylum seeker – I understand your concern. But my question was about if there is any law that prohibits USCIS from granting the case based on evidence submitted. In any way, USCIS and other agencies perform numerous background checks, including inquiries from COP, without revealing the asylum seeker’s identity. Once you come to the interview, I assume they have a completed picture of your case on who you were in your COP and who you are here.
Think of it as a job interview. Paper credential could be faked or … polished… For example, the 2 most populous countries in the world filed a lot of fraudulent asylum claims. You still need to see the person to determine credibility.
Actually, this is an issue I have been thinking about. An interview is required, but there is not a required length of interview. If the Biden Administration wanted to clear the backlog, it could give very quick interviews to lots of people and just grant the cases (assuming a security background check is clean). Such a move might be challenged in court, but given the “easy” legal standard for asylum, it does seem to me an option. If a broader immigration package fails, I hope the Biden Administration will consider such a course – they could at least mostly clear out the 386,000+ cases (representing 600,000+ people) in the affirmative asylum system. Take care, Jason
Jason, I definitely agree. The U.S. has some very sophisticated technologies, including those used when immigrants and non-immigrants are seeking to be admitted to the U.S., that they can use to verify the applicant’s identity (in seconds, too). If, on the face of it, or from the evidence presented or applicant’s written story, the applicant has a strong case, there doesn’t need to be a 2-4 hour interview, unless, of course, malice is involved on the officer’s part. The interview could literally be 20-30 minutes so the officer has more time to do other cases. I also support doing some of the cases- both defensive and affirmative cases- over video. Like any other government database, applications, or other online platforms, the video interviews can be hacked. The best the government can do is ensure that the technology used is extremely difficult to hack/”breach”. In any event, we are almost in 2022. The government has to move with the changes or continue to get left behind.
I suspect that most government work is still being done on a VIC-20…
There is – the law requires an in-person interview for all asylum seekers. This is true even for denials, but USCIS gives some asylum applicants the option to voluntarily waive (skip) the interview and go directly to court. For people with real asylum cases, this is not a good option, but some people file asylum basically to get into court to apply for other relief (usually Cancellation of Removal) and for such people, maybe this is an ok option (though I have my doubts that it is a good idea in most cases). Take care, Jason
Hi Jason,
I appreciate all you do here for us all,God bless you.
Please can I travel to UK to meet family in a third world country to meet my wife and daughter after 5 years and to visit a late uncles family.
Do I need my country’s passport alongside my advance parole to embark on this journey?
The United Airlines told me this,while British Airways would give me information after 24hours.
I would need a shared experience of anyone that have been through these.
Thank you.
If you have a pending asylum case, you probably need Advance Parole to travel and return to the US. I wrote about that on September 11, 2017. You would also need to use your home country passport (which may need to be explained later at the asylum interview) and a visa for the country you want to visit. Take care, Jason
Thank you so much for this info
Hello,
My case status shows “fees were waived” for EAD since Thursday, May 27th. Some questions:
– Does this mean hopefully approved asylum?
– How long does it typically take to change to a new update? My case is in the Chicago office pending since 2013.
– Does anyone have such experience with the Chicago office? If so, how long did it take to get your documents?
Thanks for your help.
Hi AM,
I got the same updates and it was approved later. I have received my approval letter next week. And my office was Chicago as well. Hopefully you’ll get your decision soon!
1 – Some people here say that does mean an approved. I am not sure that is 100% correct, and so you have to wait for the letter, but it is a hopeful sign. 2 – I do not understand this question. 3 – In my experience, they are pretty good and so hopefully you will receive news in a few weeks (though in some cases, it can be a lot longer). You can also email them to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Good luck, Jason
Hey, is the asylum decision pending from 2013 or your interview is pending?
I had an interview in 2017. The decision is pending. It seems like a decision is made now as the online updates show.