Let’s imagine a not-so-hypothetical scenario: You filed for asylum at the Asylum Office, and your case has been pending for years without an interview. Or here’s another one: You finally had an interview at the Asylum Office, but you have been waiting months or years without a decision. Today and in an up-coming post, we’ll talk about the most effective ways to make an inquiry in these situations.
First, you should know that a lot of people have cases pending before the Asylum Office. According to the most recent data, there are about 435,000 affirmative cases pending at the Asylum Offices nationwide. Some of these cases include more than one person, and so the total number of people waiting in the system is probably close to 800,000. Historically, about 6% of the total–approximately 26,000 cases–have been interviewed and are waiting for a decision.
If you filed for asylum and have not yet been interviewed, you can submit a request to expedite the interview. I’ve found that the most effective bases for expediting are health problems or family separation, especially where the family member back home is (1) in danger or has a health problem and (2) is eligible to come to the U.S. if the applicant is granted asylum (meaning that the family member is a spouse or minor, unmarried child of the principal applicant). Though these are probably the strongest reasons to expedite, you can use any reason, including financial hardship, career or school issues, etc.
For expedite requests based on health problems, we try to relate the problem to the stress caused by the asylum case–if the case were resolved, the person’s health would improve. A letter from the doctor or therapist is a useful piece of evidence in these requests and might state, “My patient is suffering from severe depression and anxiety [or some other health problem] as a result of her persecution back home. Her condition has been exacerbated by the ongoing stress of her asylum case. If that case could be resolved, her mental [or physical] health would improve.”
For expedite requests based on family separation, make sure to include evidence of the relationship (marriage and birth certificates). Also, if the family member is unsafe or has a health problem, include evidence about that as well.
In my experience, the best way to submit such a request is by email. Evidence should be scanned and attached to the request. You can find the email address for your local Asylum Office here. Note that some Asylum Offices have specific requirements for expedite requests or have forms they want you to submit. Also, some Asylum Offices have “short lists,” which I discuss here. Email the Asylum Office to ask about this. Below are a couple examples of email expedite requests, including the subject line. These are emails sent by me, so I indicated that I am the attorney of record and included form G-28, which lists me as the lawyer–
Example 1: Expedite for Health Reason
Subject: Expedite Request – Mary MCGOON, A 123-456-789, DOB: 03/26/1923, Iraq
Dear Asylum Office –
I am the attorney for the above-listed Applicant (see attached G-28). Applicant is suffering from coronary artery disease and chest pain (see attached Evidence). The stress and uncertainty of her pending asylum case is exacerbating her symptoms and she is concerned for her health. If the case could be resolved, it would improve her health. Accordingly, we respectfully request an expedited interview in this case. Please let me know if you have questions or need additional information.
Thank you, Jason
Example 2: Expedite Based on Family Separation
Subject: Expedite Request – Artie SCHERMERHORN, A 987-654-321, DOB: 03/20/1922, Honduras
Dear Asylum Office –
I am the attorney of record in the above-listed case (see attached G-28). Applicant’s case was filed in 2015. He was a labor leader in his country. His daughter is currently suffering from health problems that cannot be treated in Honduras (see attached evidence). For this reason, we respectfully request that this matter be expedited – if Applicant can resolve his case, he can either bring his daughter to the US for treatment or meet her in a third country to help her. Please let me know if you have questions or need additional information.
Thank you, Jason
I’ve written more about expediting a case at the Asylum Office here, including the types of evidence that are helpful and the various bases for requesting expedited processing.
Once you make the expedite request, either it will be denied, ignored or approved. If it is denied, you can try again (preferably with a different reason). We normally wait at least a few months before making a second expedite request. If it is ignored, you can follow up. Again, we normally give them 90 days before following up, but there are no rules about this, and you can email again whenever you feel it is best. If the request is approved, the Asylum Office sometimes schedules the interview quickly; other times, it takes months (and you may need to email them again to remind them).
Aside from making the expedite request yourself, you can ask for help from your Congress person or Senator. In addition, you can file a mandamus lawsuit to try to force the Asylum Office to give you an interview. Don’t forget that you should not try to expedite a case until the case is complete. If the case is expedited and you are not ready for the interview, your chances for success will be reduced.
In an upcoming post, we’ll discuss how to make an inquiry when you’ve already been interviewed and are waiting for the decision. Stay tuned…
Hi sir. I applied asylum in 2017 but since then i have not had any feedback since then. I then decided to expedite my case on 02/01/2023 and shockingly i got a receipt notice on 02/03/2023 saying they will find a day to schedule my interview but it’s now 06/08/2023 and i have not heard any word. At this point i am losing hope
Please What should i do?
That sometimes happens – you can send an email reminding them and ask them to schedule the interview. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
I applied for asylum within the last 7 months so that I can apply to speed up the interview because I am taking the exams for modification in medicine in America and then I have to apply for a specialization and I have to have status in America in order to be accepted ?
I applied for asylum within the last 7 months so that I can apply to speed up the interview because I am taking medical adaptation exams in America and then I have to apply for a specialty and I have to have status in America to be accepted
You can use that as a reason. I do not know whether it will work – generally, a health problem or family separation issue are the best reasons to expedite, but since there are no hard and fast rules about expediting, you can try for any reason (or no reason at all). The article above provides a model for how to present the request, and you would just use whatever reason and evidence you have. Take care, Jason
I submitted a request for acceleration last month at the Virginia office, and on the 12th they sent a message that they could not set an appointment and that they were waiting until the sources allowed them to set an appointment for the interview. I contacted them several times and did not find a response. Do you advise me to contact again and make a second request to speed up the interview, or should I wait?
It is very difficult to expedite. Maybe things will get easier in a couple months – they are currently giving priority to Afghan evacuees. Once that population is done (which will probably be soon), they may have more time. So you could wait a bit and try again. You can also try again now, but unless you have a new reason, it probably won’t work. Anyway, since there are no real rules about expediting, you can do whatever you think best, and there is generally no harm in asking. Take care, Jason
Hi. This is Anni. Thank you for taking the time to help someone as desperate as me. I am a disabled person with high paraplegia. I have been in a wheelchair for 28 years. My physical condition is not good. Because of the family planning policy, I have only one child, and now the only child has not yet come to the United States. I applied for asylum to the US government in October 2021. I applied for an accelerated interview and was rejected. Now I want to apply for an accelerated interview again. Can you help me? thank you very much.
The article above describes what to do – you should get some evidence of your condition and maybe a letter explaining why it is important to expedite your case, since separation from your son is adversely affecting your health. It is very difficult to get a case expedited, but certainly you can try again, and if you have strong evidence, it will help. If that fails, you can also try a mandamus lawsuit to force them to give you an interview. Take care, Jason
Thank you so much for your reply and happy new year. I’ll try again, God bless.
Hi, jeason Thankyou make time for us. My question is I had asylum interview expedite request approved in 01/21/2022 but they Houston asylum office didn’t schedule interview till now so I emailed them to remind but they said you have I918(Uvisa ) pending in Nebraska service center so until they got uvisa results they are unable to schedule so my question is it possible I can withdraw my I918 petition now for get asylum interview and in future I can reapply uvisa if I got negative result for asylum interview. I was victim on 09/2020. Please help me. Thankyou
I would talk to a lawyer about this. I do not do U visas, but I imagine if you withdraw it, it will be difficult or impossible to re-file. I also have my doubts that withdrawing the U visa would help expedite the asylum case, but I guess you never know. I think your best bet is to talk to a lawyer who does U visas before making a decision to withdraw. Take care, Jason
Good morning sir, I emailed asylum office for schedule interview but I got this reply so do you know what is next step and how long will take Nebraska service center to send my file? We are unable to schedule you for an interview till we receive your file from the Nebraska Service Center.
I do not know – maybe you just recently filed for asylum and the case has not yet been sent to the local office? Normally, a person files the case at the Service Center and then the case is sent to the local office, but usually this happens pretty quickly – it used to be less than a month, but these days, it seems to be 2 or 3 months. Take care, Jason
Thankyou for reply sir but I applied asylum in 2016 but I applied UVisa in January2021 in Nebraska service center so it’s possible they want my UVisa file for schedule interview? Or asylum file ?
I do not know – maybe email the asylum office again to ask about this. I do not see why the pending U visa should have an effect on the pending asylum case. Take care, Jason
Thankyou for reply sir but I applied asylum in 2016 but I applied UVisa in January2021 in Nebraska service center so it’s possible they want my UVisa file for schedule interview? Or asylum file ?
Hi, Jason I appreciate for your time and helping hopeless people here, my asylum interview request approved on 21 January 2022 but still waiting for schedule interview. They send one more approved letter on March 15, 2022 so I got 2 times approved letter but still not schedule interview. I already send email about inquiry for interview 04/29/2022 and they give reply forward to officer so do you know how long will take more schedule interview or it’s normal for schedule interview after approved expedite request and do they will actually schedule my interview for expedite request. I know I asked lots of questions please help me. Thankyou
This does happen sometimes, but your case seems more stuck than normal. I just send an email when this occurs and that normally does the trick. Maybe send one more email and see what happens. If still nothing happens, maybe you can email and explain the long delay (since January 2021) and ask for a supervisor to review the situation. Hopefully, that will work. Take care, Jason
Hi, Jason I also have UVisa pending it’s effect my asylum interview and I send again inquiry for schedule interview today?
I do not see why it would affect your interview or asylum case, but it is important that the two cases be consistent since the asylum office may have access to the documents you filed in the U visa case. Take care, Jason