A new report, Lives in Limbo: How the Boston Asylum Office Fails Asylum Seekers, raises concerns about the Boston Asylum Office and about the affirmative asylum system in general. Here, we’ll discuss some of the report’s findings and some suggested improvements to the system. I want to focus on one particular suggestion in the report, which has been on my mind lately: Whether asylum applications can be approved largely “on the papers,” with only a brief interview. But first, let’s take a look at the report’s main points.
One finding of the report relates to disparities between the different Asylum Offices. This isn’t exactly breaking news. Indeed, widely varying approval rates among and within offices has been a topic of concern since at least 2007 and the publication of the seminal article Refugee Roulette: Disparities in Asylum Adjudication. The data in the Boston report is newer, of course, and covers the period from 2016 to 2019, which is to say that it is not particularly current. This is not the fault of the authors. Rather, in 2019, the Asylum Division stopped regular publication of data, which was part of the Trump Administration’s overall effort to reduce transparency. We are still waiting for the Biden Administration to resume regular data dumps, and until that happens, we are all stuck relying on outdated information.
In any event, what the report shows is that the Asylum Offices with the highest grant rates are San Francisco (52.4%) and New Orleans (46.4%). In the middle are Los Angeles (36.0%), Chicago (32.4%), Arlington (27.1%), Houston (25.9%), and Newark (24.6). And at the lower end are Miami (20.7%), Boston (15.5%), and New York (10.6%). If you are an affirmative asylum seeker, you can find out which office has your case here.
There are a couple caveats to this data. First, as I mentioned, it is not up-to-date. That said, the relative grant rates of the different offices has not changed that much over time–you can see that from this post, analyzing data from 2015. Second, there are different ways to calculate approval rates (for example, should you include “no shows” or denials based on the one-year filing bar), and using different methods gives you different results (which you can see in this post comparing data from 2015 and 2019, with and without one-year-bar denials). Finally, different offices serve different populations, and so if, for example, the Boston office serves mostly asylum seekers from Central America–applicants who have historically low grant rates–it may push that office’s overall approval rate down. For applicants from other regions, that office may not be so bad. For this reason, I have advised that shopping around for an “easier” Asylum Office may not be all that beneficial.
All that said, there is a large gap between approval rates in San Francisco and New Orleans, and rates in Boston and New York. Why should this be? The report essentially finds that Supervisory Asylum Officers (“SAOs”) at the Boston office play an “oversized role” in decisions and that such officers “demonstrate bias that contributes to the low approval rates.” The report also finds that the Boston office had a bias against asylum seekers from certain countries.
In terms of the SAOs in Boston, I have to say that I am not entirely convinced by the report’s conclusions. It is true that every decision by an Asylum Officer must be approved by a supervisor. That is true in Boston and all Asylum Offices. However, there is little to support the idea that the SAOs in Boston exercise any more influence over decisions than SAOs in other locations. Based on interviews with former Asylum Officers (“AOs”), the report finds that the SAOs and AOs hired in Boston when the office first opened in 2015 tended to be people who were more likely to deny asylum. That may be (and in fact, two organizations that represented asylum seekers noticed that their overall grant rates dropped after the Boston office started hearing cases that had previously been adjudicated by the Newark, NJ office). It is certainly possible that a particular office’s culture could be more hostile to asylum seekers, but for me at least, the jury is still out on this point.
What is more clear is the report’s analysis of bias against certain countries. When compared to the Newark office, Boston was much more likely to deny applicants from specific countries. For example, the Boston office approved only 4% of applicants from the Democratic Republic of Congo; Newark approved 33% of DRC cases. Boston approved 13% of cases from El Salvador, while Newark approved 25%. And Boston approved 26% of cases from Burundi while Newark approved 83%. These disparities are pretty stark and require further investigation.
As for solutions, the report makes a number of recommendations, including replacing SAOs and AOs who are biased or culturally illiterate, creating audio recordings of asylum interviews, requiring AOs to adjudicate only one case per day, ending the Last In, First Out (“LIFO”) system for prioritizing cases, and deciding some cases based mostly on a review of the paper file with only a minimal interview.
Again, I can’t say I agree with all these recommendations. I am not sure I agree with terminating officers who are biased, especially given how difficult it is to determine what counts as “bias.” I am also not thrilled about reducing AO case loads, as that would further increase the backlog.
On the other hand, I strongly agree that interviews should be recorded and that AOs should not waste time typing every question and answer, and instead should focus on analyzing the case and making a decision. I also strongly favor eliminating the hated LIFO system, which is based on the false premise that prioritizing new cases will somehow magically reduce fraudulent filings.
I also like the idea of adjudicating cases “on the papers” where appropriate. Some cases are obvious grants, and spending hours talking to the applicant is a complete waste of time. For example, I represent a well-known female journalist from Afghanistan, who had received a major award from the U.S. government. Her asylum interview took over five hours. There was no reason for such a long interview given that she is (1) a female human from Afghanistan; and (2) not a terrorist. Her interview should have taken 10 minutes. There are many applicants like this, and if the Asylum Office took a more logical approach to cases that were obvious grants, it could move through the backlog more quickly. As the report notes, many other complex applications are adjudicated largely on the papers, including U visas, Violence Against Women Act cases, and Special Immigrant Juvenile cases. In addition, it is not uncommon for Immigration Judges to grant asylum after reviewing the paper file in an asylum case, as long as the DHS attorney (the prosecutor) also agrees.
Even for cases that are not such obvious grants, the AO could more carefully review the paper filings (at least for cases that include adequate documentation) and narrowly focus the interview on areas of concern. As it is, we spend far too much time discussing addresses where the person lived in the U.S., how the applicant met his lawyer, education and work histories, and a host of other issues that are–at best–tangentially related to asylum eligibility.
I am hopeful that the powers-that-be will take note of this report and consider some of its creative solutions to make the system more efficient–for the Boston office and the entire Asylum Division.
Hi, jeason Thankyou for your time and helping people, we did talked last time about my expedite request approved for asylum interview but still waiting for interview 01/21/2022 to till now so I emailed to Houston asylum office but they said my file in Nebraska service center and they waiting for transfer my file but I don’t know which file. I did applied Uvisa in Nebraska service center so what you think they are waiting for my Uvisa file or how long they will take more for transfer my file. There any way I can talk in Nebraska service center for transfer my file? Thankyou Jeason
I have seen cases where one application causes a file to be moved to a different office, and so I guess that is what happened. I think the NSC will respond to the Houston office’s request and I know of no way to contact the NSC except by calling the general USCIS number (800-375-5283). I would keep following up with Houston, but maybe calling will help (though it is a huge pain to call USCIS). Take care, Jason
Thankyou for reply jeason I already send email but Houston office said we requested your file from NSC so do you have any idea how long will take for transfer file. I got email 06/06/2022
I do not think that is predictable. I would give them at least 60 days and if there is nothing by then, you can inquire again. Take care, Jason
Hi. I have been referred by Attorney Marget Miller practicing in CA.
Recently I got Interviewed in NY Asylum office.I have been maintaining my non immigrant legal status as an F2 and still got Court referral. Looking for attorney in East coast whom I could and share further precise details and we may be able to get “NOID” as applicable in our case.
Hi Jason,
How are you doing? I have a question regarding my i-730 petition. My i-730 petition for my wife and son who are in the US got approved. What are the next steps now? Is there any additional required approval from the department of state? Are they going to mail their SSN and EAD for my wife or we will need to apply for it?
Thanks,
Approved
If they are in the US, they will need to file for their EADs if you have not yet done that. If they are overseas, the case will be forwarded to the National Visa Center (the NVC) and then the US embassy for further processing. In that case, you should get an email with further instructions. There is a link under Resources called I-730 Family Reunification Manual that has good information about the process. Take care, Jason
Thank you Jason.
Hi Jason,
Thank you for replying to my question. My wife got her approval notice and it clarified my questions as well. I have another follow up question. My wife has a plan to travel. Does she need to apply for refugee travel document or reentry permit (her status is based on the approved I-730)? If she has to apply for refugee travel document, what should the answer for “Country from which you are a refugee or asylee?” be? I am confused because she is just the beneficiary of my petition. Shall I just do my country from which I am asylee?
Thanks,
Approved
hello Jason
did you remember a couple days ago I did asked u about sending the old RTD for my renewal one . well here is my timeline
RTD apply and did received on 07/30/2022
fingerprint didn’t take they reused the old since my old RTD was still valid and I didn’t include wit the packaging nor the USCIS ask me to mailed .
RTD produced and approved today 04/26/2022 youbiiiiiiiiiiiiiiiiiiiii
thanks
lets hope a easy path for our brother and sister who’s waiting no matter what the cases are . we pray for you
thx again.
Thank you – I guess you mean that you applied for the RTD on 07/30/2021? Take care, Jason
or maybe this person and uscis is from alternate universe 🙂
loll yeah maybe .
Jason I mean apply it and one week before 7/30/2021 so that date is when my application was received and fee was cashed out . so the approved date is 04/26/2022.
thank you
Hi Jason,
Thank you for replying to my question. My wife got her approval notice and it clarified my questions as well. I have another follow up question. My wife has a plan to travel. Does she need to apply for refugee travel document or reentry permit (her status is based on the approved I-730)? If she has to apply for refugee travel document, what should the answer for “Country from which you are a refugee or asylee?” be? I am confused because she is just the beneficiary of my petition. Shall I just do my country from which I am asylee?
Thanks,
Elias
If she has asylum (and not a GC), she needs some type of document to re-enter the US, and that would be the RTD. In terms of that question, maybe she wants to write “see cover letter” and provide an explanation that she is a derivative of you, and list your country. Take care, Jason
Hello,
I just want to share my EAD expediting experience, just in case it might be helpful for you. To give you an overview: my EAD has expired in February, and I have the 180-day extension till August. Based on users’s experience from this forum I got an expression that there would be a very minimal chance for it to be approved on its own. So I tried to do an expediting. I was very prepared for a battle but there was no need and, to be honest, it was a very smooth and pleasant experience.
My timeline and details: On Friday 8th I called to Support Center and immediately was connected to an agent (no wait time at all). I asked for an expediting request for my I-765 application. I had a humanitarian reason and gave an explanation as it was asked. After that the agent prepared/submitted the request, gave me reference number and answered all my questions. She said it will take 5-7 days for them to process my request. Whole phone call took probably 15-20 minutes. On Monday 18th I received an email saying that my expediting request is approved and since now I can consider my EAD request as expidited (they didn’t ask for any proofs). On the next day 19th from online tool I already saw that my EAD request is approved and card is being produced.
I’m not sure if it is a recent change in the way they do things or I just got lucky. But from what I saw in my case – you just need to have your valid reason and you should be able to explain it clearly. And I guess since we are all here in the endless backlog and haven’t seen our families for years, it should not be a problem for us to have such a reason. Just don’t wait till the last moment. I hope I helped. Good luck.
Thank you for sharing. Maybe you got lucky or maybe USCIS is making some positive changes, but I guess it illustrates the point that if you take action, you may get a positive outcome. Take care, Jason
Hi Jason,hi to everyone
How much do lawyers charge to file for green card application?
Based on assylum
It is very variable. We are now charging $2000 for the application. We used to do it for less, but we have been too busy and have had to raise prices. Take care, Jason
Hi Jason,
We made a stupid mistake when we sent my friend’s EAD renewal in. She’s c8 pending asylum, referred to immigration court (July 2022 MH court date), but also recently married. This was her third renewal. We sent copies of her EAD but neglected to send the 2 photos. This EAD was more complicated than the previous renewals as she changed her name when she married. We included the official marriage certificate and noted the change, also a receipt from Social Security indicating the SS name change was under way. She received the EAD receipt from the Nebraska Service Center sent to her married name. What would you advise now? Do we need to resubmit the whole package? Pay again? Send a copy of everything with a note of explanation and the 2 photos? FYI, their I-130 is pending (sent in Feb). Thanks Jason. As always, your help is so appreciated.
I would wait to see whether USCIS requests the photos. I guess you can try to send them in, along with a copy of the receipt notice and an explanation. I do not see how that will do any harm, but I think if they need the photos, they will send a letter about that. Take care, Jason
Thanks Jason. We’ll wait a while. You take care too. Very challenging times we’re living in and you’re incredibly generous with your time. I know everyone on this forum appreciates it.
Hi Jason
Thank you for everything. my I 730 was finally approved. should I contact the embassy or they will contact my family
my timeline
filled in Texas service center 7/2019.
contacted Senator on January 2022
approved March 2022
Hi Jason,
Is there a way to expedite the work authorization process? For work authorization, you can apply 6 months before expiry and for USCIS to process the case is up to 11 months. Since the driving license’s expiration is the same as the work authorization’s expiration date? How can one drive if the work authorization is not issued and the driving license gets expired? Any way to get expedited the process?
I am pending asylum (waiting for an interview since 2016).
Thanks
You cannot file earlier than 180 days before the current card expires. You can ask to expedite (I wrote about this in general on January 29, 2020), and if the card is about to expire or expired already, there is a special process to expedite for people who work in the healthcare field – I wrote about that on January 19, 2022. The DMV should accept the automatic 180-day extension that you get on the renewal receipt, and so you should be able to get another 6 months of validity on the license (USCIS has announced that the automatic extension will change to one year, but so far, that has not been implemented). Take care, Jason
Actually, there is no connection between EAD and Driver’s license cause at the DMV they ask you to provide the original asylum letter. My EAD is expired but I got my renewed driver’s license anyway and it was not linked to a 180-day extension.
@BORIS It depends on the state law (I believe). I used to live in Virginia; If you have your I 589 receipt they give you 1 year driving license with out EAD. But, in Maryland, you have to have EAD or Extention receipt to renew or to get your driving license.
Supposedly, they will contact you for the next steps, usually by email. The next step should take place at the National Visa Center, and so if you do not receive an email in a few weeks, you can Google them and make an inquiry through their online portal. Take care, Jason
I read the reviews on tampa office and i have a question? can they take my kids after interview? this is first interview what i got.
I am not sure what you mean by “take my kids.” If you mean that they would literally take them and you would lose custody, I do not see how they could do that. Maybe if there was evidence of abuse, they could call the police, but they have no authority over child custody. Take care, Jason
Thx, Jason. I love my kids more than my life. and i just read a review on the Tampa office that they took the kids away. now my anxiety disappear. Thx
I have never heard of such a thing. Maybe if there was evidence of abuse, they would call the police or the state, but otherwise, I do not see how that could happen. Take care, Jason
Hi community,
Has anyone of you expedited an I-485 (green card application) based on asylum, on what grounds, and what was the outcome or the timeline.
If you feel comfortable sharing, please let me know.
Thank you
Less likely to get but worth trying. See the link and if you think your situation first one or more items write a cover letter and add supporting documents. Send it to the address you send your I-485
it is Chapter 5 – Requests to Expedite Applications or Petitions under USCIS website
https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5
Hi Kay,
I am happy to share my GC expedite experience with you. I did an expedite using evidence of sickness for family member in third county. It got rejected in the first place. After a week, I contacted my Congress man and he expedited with the same base and it got approved. I strongly recommend expediting through your Congress man. Make sure to write an emotional and strong cover letter if you. Good luck!
Hello Jason,
I’m an asylee and waiting for GC, applied last year. I recently got married but my wife is in my native country. some questions.
1- Should I report it to USCIS?
2 – Can you suggest how can I apply for her to bring her here?
3 – What would be the timeframe (approximate) for this process?
3 – Do you handle cases like this?
Thanks
1 – You probably should, since otherwise, they will adjudicate the case without knowing you are married. If you get an interview, you can tell them at that time, but not everyone gets an interview. I recommend you send them the marriage certificate and a letter explaining that you are now married. Keep a copy of everything you send and proof of mailing. 2 – If you married after asylum was granted, you have to wait to get the GC and then you can file for her. Also, she can try to come here on her own – work visa, tourist visa, student visa, etc. 3 – Once you have the GC, you can probably get her to the US in a year or so, but it depends on her country and on the visa backlog, if any (you can Google “DOS visa bulletin” and see the wait time for a spouse of an LPR). 4 – I am not doing consular cases these days. Take care, Jason
Thank you so much. It’s really helpful.
@ASYLEE How do you marry her when she is back in your country? Is it allowed to get married virtually or do you have your travel document?
I applied for my RTD on August 2nd 2021 and still got nothing until now! It’s driving me crazy!!! Do you know how long it takes nowadays to receive the RTD jason?! I need to travel by mid of JULY for emergency in a third country and I can’t believe that i might have to cancel of my plans if i don’t get my RTD by June as i still need time to apply for a visa for that country!
It is normally taking about 10 or 11 months, which is pretty ridiculous. You can try to expedite – I wrote about that (in general) on January 29, 2020. Take care, Jason
We have been waiting for an interview at the boston office since April 2014. We also have tps. Now we applied for AOS through work. Will we be able to use the travel document when issued if the GC is pending?
You can get Advance Parole, but that is used only for purposes of re-entry. For travel, you would need to use your passport, which can cause issues given the asylum case, especially if you fear harm from your home government. You should be prepared to explain why you used the passport. Probably, the chances of a problem are low, but you should be prepared to explain just in case. Take care, Jason
Hi Jason
I have a question I was granted asylum in Nov 2019 my husband lives in a different country and now we are planning on living together. We have been legally married here in the USA since Jan 2019. I did not apply for him to be a derivative because he had no intentions of living here permanently but things have changed now and I missed the 2yr deadline. What other options do I have of applying for him so he can also be a permanent resident here. My GC is still pending since 2020.
If you missed the 2-year window for the I-730, you may still be able to file an I-730 if you can show a reason for not filing on time (you had to be married at the time asylum was granted). I have never tried that before and I do not know how difficult it would be, but my guess is that it is not easy. If you look under Resources at the I-730 Family Reunification Manual, maybe that would have some guidance, or check the I-730 instructions. Otherwise, you have to wait until you have the GC and then you can file for him based on that. Take care, Jason
Dear Jason
A quick question!
I applied for asylum 6 years a go and i mailed my physical application,
But i heard now that people files their asylum application online? Is that correct?
I think that is coming, and may even be available now, but we have not done it and it is not yet on the I-589 web page. Take care, Jason
Hello Jason, liked your blog. I have a few questions.
1. Me and my mom applied for political asylum in 2016 and have been waiting since. I have decided to expedite my mom’s case because of her health problems. Is it the right decisions?
2. What kind of health problems are considered acceptable to expedite an asylum interview? My mom has depression and heart issues. So is that a strong case?
3. How long will it take for my mom to get an interview after we expedite her case?
4. Lastly, should I expedite my case along with my mom? I take care of my mom and have to stay with her literally 24/7. Will thay effect my mom’s interview?
Regards
Hello Jason, liked your blog. I have a few questions.
1. Me and my mom applied for political asylum in 2016 and have been waiting since. I have decided to expedite my mom’s case because of her health problems. Is it the right decisions?
2. What kind of health problems are considered acceptable to expedite an asylum interview? My mom has depression and heart issues. So is that a strong case?
3. How long will it take for my mom to get an interview after we expedite her case?
4. Lastly, should I expedite my case along with my mom? I take care of my mom and have to stay with her literally 24/7. Will thay effect my mom’s interview?
1 – It’s up to you. The worst that happens is that they refuse to expedite. There is no negative effect on the case itself. 2 – You can use those as a basis to expedite – get a doctor’s not explaining how the asylum case is impacting her health and how expediting will help – I wrote about this on March 23, 2022 with some examples. 3 – It is not really predictable, but generally, if they agree to expedite, she will get an interview in a few months. 4 – You can try; there is really no downside to trying. Take care, Jason
Dear Jason, hope you doing well. I came to US in 2015. My asylum case is pending still. I lost my wife in 2020 who was a US citizen. Last year i recieved my GC as a widower. I have 2 question
1.Concidering my situation should i tell uscis to drop my asylum case? If so is there specific form i need to use? I asked this cos last week i recieved my EAD renewal which i submitt a year ago.
2. Its 7 years now and political situation has changed somehow for good in the country that i came from. Will my asylum case will still cause a problem if i go there to visit and comeback considering my GC is not from asylum ? If yes, Do i need a travel document processed from uscis to visit as i have the passport for the country i came from? I believe i need travel document for the countries i dont have passport from, isnt it?
appreciate it❤
Thanks
Mike
I am sorry for your loss. 1 – You can contact the asylum office, tell them you have a GC, and ask them to close the case. You can find their email if you follow the link under Resources called Asylum Office Locator. They may contact you automatically, but you probably should let them know, just to end the case so you do not have to worry about receiving an interview. The new EAD is not needed, since you have a GC. 2 – If you want a travel document or you have children you hope to give asylum status to, you can keep the asylum case going. If you visit your country, you may need to explain to the US government why you did that and how you stayed safe. Even though you got a GC some other way, your asylum case is still part of your record. I did a post on January 6, 2016 that discuss this for asylees, and it may give you some guidance. Take care, Jason
Hi there does anybody knows once they approved your expedite request for refugee travel documents, how long it takes to come documents in mail?
Thank you!
I think expedited wait times are not predictable, but maybe someone here has had experience with this. Take care, Jason
Dear Jason
Thank you for great information.
I have a question.
My children came in with I-730 , at the immigration they did not receive i-94 but they stamped their passport. We checked the i94 online and it says record not found.
Thank you for your help.
Maybe you do not need the I-94, especially if they have the work permit already. Also, the passport stamp is evidence of status and if they do not have a work permit, they can use the stamp (and the principal’s asylum approval) to apply for that. Since they are eligible to apply for a GC after one year, it is probably not worth the trouble to try to get an I-94, and also, I am not sure of the best way to get that – maybe a Freedom of Information Act request, but I am not certain that would get you what you want (though it is usually free). Take care, Jason
My online status was “decision pending” for three months after the asylum interview. Today it changed to “Application pending”. Did anyone have same experience? I know the online status is not reliable until receiving the actual decision in mail, but still curious to know if it entails any meaning.
I have head about others seeing a similar change and as far as I can tell, there is no effect. You can email the asylum office directly to ask about the case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason and my dear asylum community
So finally after the long wait of six years and staying 5 years living without kids me and husband got our GC today
Time line
Applied August 2016
Expedited interview August 2020
Approval Nov 2020
Kids arrived in USA October 2021
Applied for GC Dec 2021
RFE requested April 04
GC reciever April 22
Journey was long and painful and I wish all the ones who are waiting good luck
Congs Tas. How did your GC come out so early. Dis you expedite? Congs again
@desperate
No I didn’t expedited..may be I was lucky
Congratulations Tas. I have a question on your children’s EAD and SS. Did you apply for them here or they completed the forms at the embassy of your home country. And after arriving in USA how long did it take for them to receive the cards. Thanks.
@Pauline
For EAD yes I submitted the form at the interview and the card came after 4 months in USA but for ss I took them at a local office and showed their i94 only and stamp on the passport
Hi tas
Congratulations, I have a question, did u and ur husband received the GC on the same day?
Coz last week my wife received her GC, and me I still didn’t receive it 😣, we are asylee granted
Thank you
@rayan
Yes the same day
It is common for people to receive the GC at different times, even if they filed together, so I would not worry too much about this – maybe if too much time passes, but I would five them at least a couple months. Take care, Jason
Thank you for sharing and congratulations! Take care, Jason
Congratulation, 1 question plz .. did you receive your GC on Nov 2020 date or Dec 2021 or April 22 ? What is the date on ur GC ?
I granted in Apr-06-2022 ..
Thanks
@NAN
Back dated to April 18 2021
This is normal to have anxiety before the interview or is just me?
It is normal. My advice for the day before the interview: Read over the case once or twice (not too much) and then get a good night sleep, to the extent possible. Take care, Jason
Hello Jason!
Does anyone of your clients who is in backlog get an interview scheduled? Or it’s stalled completely?
Thank you!
Mostly we get expedite cases and rescheduled cases set for interviews. I cannot remember the last time I had a LIFO case interviewed – probably last year. Also, some of our old Afghan cases have been set for interviews (even where the people did not want interviews because they had other relief available). Take care, Jason
Hi Jason!
With the expanding Alternatives to detentions (ATD) program from ICE, do you think affirmative asylum seekers can be added to that program if they did not commit any crime? What about the people that are in the immigration court? Are there any laws to prevent such from happening?
That could happen, I suppose, and it could have happened previously (under the law, people in removal proceedings may be detained or required to pay a bond). But I do not think it will happen, as it is very expensive and most people i court show up without that added burden. Take care, Jason
Hello Jason,
What forms do I need to submit for EAD renewal under c8 category? Also, do I need to submit the $85 biometric fees if I am not part of ABS case? In the uscis website, there is an Alert from February 2022 stating that $85 is not required and if we submit it, the application can be rejected for overpayment of fees.
You have to look at the instructions about the required evidence, but for a c-8 renewal, you need proof of the pending case, 2 photos, the fee ($410; you do not need to pay the $85), copy of the old EAD front and back, and other evidence depending on the case. Take care, Jason
Hi Jason, i received my interview for my pending asylum case, can i take the kids with me they all was born in US
I forgot to mention, my wife is principal in the case, i will be able to stay with them there?
and last question, we are not vaccinated is this goanna be a problem?
It should not be, but if you have any symptoms or answer any of the screening questions about Covid “yes”, the interview will likely be postponed. Also, definitely bring masks, as the office may require those. Take care, Jason
It would probably be better if you left them with someone at home, but if you have to bring them, it should not be much of a problem, since you can wait with them in the waiting room during her interview (or wait outside someone). If you are a dependent, you will need to be interviewed, but that usually only takes 10 minutes, so either they could be with your wife outside or maybe with you for those few minutes. Take care, Jason
Dear QQ
Of course you can take ur kids , but u can’t take them inside the officer office, so he will interview ur wife and u wait outside with the kids , later u will get interviewed and she will wait with the kids
I just got notice of action from USCIS after filing to renew my EAD. I discovered that my last name is wrongly spelt. I have reached out to USCIS and they said the case will be sent to Nebraska processing center for rectification. My question is; can I still present the letter where my name is wrongly spelt at DPS when renewing my Drivers’ license? It’s past 30 days now and I am yet to hear from Nebraska processing center. Thank you
I think you should try, but I do not know how they will react. There is other evidence that the document is yours – the Alien number and your address, for example, and if you have the EAD, your photo and birth date. Maybe since it is clearly you, the DMV will accept the document. If the first line person does not accept it, ask for a supervisor. Take care, Jason
Hello Jason,
I finally applied for advance parole . My husband and I submitted our applications and requested them to be expedited . They sent us the notice of application in a week and sent my husband a biometric fingerprints waiver . We are TPS holders as well as pending asylum applicants , we have two US citizen daughters. It is in the Vermont office , do you know how soon they approve expedited travel document applications and if anyone here has an experience of traveling with an advance parole.
In terms of travel, once you have the document, you can use it like a US visa to re-enter the US for as long as it is valid. I do not know how long it takes to receive the AP, and for expedite cases, the time frame is very variable. You may want to follow up with a phone call to USCIS to see if you can push things along: 800-375-5283. Good luck, Jason
Dear Jason
Thank you very much for this helpful platform.
I petitioned my children under i-470. On their form they also filled the ead forms at the embassy but they never explained how they will receive the EAD and were not given any receipt number.
The children are here in USA now and we haven’t received anything as yet. Do we have to submit another application.
Thank you.
I am not sure that you mean an I-470, as that relates to preserving your residency for purposes of naturalizing. Anyway, if they came here and already filled the I-765 forms, they should receive the EADs in the mail. I might give USCIS a month or two to see what happens, but I do few cases like that, and I really do not know the time frame. If you happen to have a USCIS receipt number, you can check that online (www.uscis.gov). You can also try to call USCIS to see whether the I-765 forms are pending (800-375-5283). Otherwise, if nothing seems to be working, they can file new I-765 forms – if you do that, maybe indicate in the cover letter that they previously submitted the forms but have not received the EADs. Take care, Jason
Im sorry i made a mistake. I meant to say they came with i-730.
Thank you so much for prompt reply.
Hello Jason, I believe there is something to do if person tried regular ways to get a decision after an interview and it ended as a failure and wants to proceed with a mandamus. Everyone can order FOIA request which will have latest officer notes on the case and have a lawyer or someone look at it to look for signs of approval or denial. If it is approval then a mandamus would force the AO to refer the case if he is just waiting for background check and then the person would have to fight the case again in the court which will take +4 years given todays schedules. I believe that this is a free legit way to be able to get new updated info about the case instead of just the online status interview completed.
You can get a copy of the file through FOIA, but the notes are often redacted, and if there is not yet a decision, I do not know that you will find any clues about the case results. That said, you might and there is no harm in trying (especially since a FOIA is generally free). In my opinion, the post-interview wait times are becoming unbearable and I think it is reasonable to file a mandamus. It may be better to get sent to court than to wait in limbo forever. Also, at least where I am, court cases are going a bit faster for many people (except when the court cases get cancelled, which is unfortunately pretty common), and so many people probably wait less than 2 years for a court case. Take care, Jason
Hi Jason,
My lawyer filed a motion asking the judge to set a date for my individual hearing since they cancelled my date in July 2021. Two months ago the judge approved the motion but yet to set a hearing date! To be honest, I’m not sure how this country gets around on wheels but is it normal to just approve the motion and don’t set a date? What’s the point of that? And I know it would a stupid question but if the judge set a date considering my history of waiting and canceling hearing dates by the court would it be a sooner date or just a regular date in a few years again? Thanks
These are all good questions, and I would not expect any positive answers. We just had two cases, which were scheduled for next week, disappear from the docket. Both have been pending for years. Both are people waiting to reunite with family. And one is from Afghanistan, which the Administration has indicated it would “help.” We also have filed motions to advance where the motion was granted, but nothing happened. In at least one case, we then got a new judge, so the whole effort was moot. Also, sometimes, they give a new date, only to have that date vanish and get rescheduled. It is hard to express my level of disgust at EOIR at this point. They are far worse now than they were under Trump and it seems they could give a damn about asylum seekers or their due process rights. I do keep hoping for improvement, as the people in charge are supposed to be more pro-immigrant, but so far, I have only seen things getting worse and worse. Take care, Jason
Thank you Jason for your work and this blog.
Sadly, the problem is not restricted to the US only. The asylum system is failing world over. Ultimately, this is bad for democracy. It discourages people from standing up to tyrants. Without asylum, the only way to be safe is to comply with the oppressors’ immoral wishes. Subsequently, the number of tyrants in power will increase, giving rise to certain alliances that may cause more trouble than mere asylees seeking refuge.
Hopefully, the same inspiration that led to the Geneva Conventions will bring more Jason-minded people together to protect asylum, the sheet anchor of democracy.
Take Care
Thank you – I can’t say I am feeling too optimistic. I would expect climate change (and conflict fueled by climate change) to increase the number of people on the move, and this will likely result in even more restrictions. Hopefully, there will be some positive movement on climate change and refugees and democracy. We all have to keep working for that. Take care, Jason
Hi Jason,
What’s your experience with renewing RTDs?
My RTD will expire in 10 months. I plan to apply for my asylum GC this May. Can I apply for a new RTD when I file for my GC considering it take a long time for it to be processed. Do I need to send the old one in or can I say the old one is being held in an embassy?
We have always sent the original RTD with the renewal application if the RTD is not yet expired. Of course, given the very long wait times, this makes no sense now, but that is still the rule. Some commentors here have said that they did not send the original RTD, but waited for USCIS to request that. Maybe that would work too, but I have not tried it for anyone. If it did work, at least you would have a longer time period where you can travel. I suppose the downside is that USCIS might deny the application because you did not send it (and so you lose the filing fee), but maybe that is a risk you want to take given the alternative. Take care, Jason
hello Jason
I didn’t include the old RTD when I was renewing my RTD and now is over 10 month that the case is pending. so now that I saw your comment saying that it may get deny . wow after long wait ohhhhhhhhh my goodness that will be devastated for real, i hope not . therefore would think is the best option if i send out to Nebraska service center now since that’s where the case is been processing.
thank you
I think at this point, it is not a good idea to send the original RTD. The delay in your case is (unfortunately) normal. If USCIS needs the RTD, they will hopefully ask for it rather than deny the case, but I have not filed an RTD renewal that way, and so I am not certain. If I had to guess, I think they will not deny and either just approve it or request that you send in the original RTD. Maybe let us know what happens, as that will help others who are in your situation. Take care, Jason
I never knew I could go from trauma to trauma for decades. I applied asylum in 2014. Got interviewed at Newark office in 2017, The AO asked me to show her the receipts of the original political party registration card I presented to her during the interview, despite I registered and purchased that 10 years ago( is it possible? why would I register and purchased a card in 2007 and keep it receipt until 2017??). Because I did not show her that receipt and she could not give me a second chance to contact my party secretary to get one, She declared inconsistency and referred me to court. My MH was in 2018. This is 2022 and I don’t even know when my IH will take place. Applying for asylum is killing us slowly day by day. I’m just lost now.
For the Boston and other offices disparities, I strongly believe it mostly depend on multiples biais and on where you come from.
Agreed CLO… In the same boat here, since 2014.
I did not write about this part of the report, but they did discuss the asylum office’s practice of denying cases based on very tangential inconsistencies. That is not just in the Boston office. It is much less of a problem in court, if you can ever get to your final hearing date. Take care, Jason
Hello jason,
I will apply for my GC based on asylum in August but my attorney is in different state and he said contact me in july so I’m curious if the attorneys usually have to get the client to the office or it’s by phone ? do you bring the client to your office while filling the i-485 or you do it on phone?
It can be done either way without any problem. You may need to mail some original documents, like photos and signatures (though USCIS is still accepting scanned signatures as of now), but otherwise, it makes very little difference. Take care, Jason
Hi Jason, our asylum approved in July 2021 when can we apply for our Green Card?
Thanks
After you have completed one full in year inside the US, you can apply for the GC, so if you do not leave the US at all, you can apply in July 2022. If you leave for one month, you have to wait until August 2022. Take care, Jason
Hi Jason,
My EAD will be expired on 11-15-2022. When will be the right time to apply for renewal?
Thanks
I have a feeling that some will say mid May ?
The soonest you can file to renew is 180 days before it expires, so about May 15, 2022. Take care, Jason
Hello Jason,
Seems like USCIS released TPS requirements for Ukrainian citizens. It is valid for 18 months and deadline to apply appears to be October 19, 2023.
Would you recommend to hire a lawyer to apply for TPS or can person do it itself?
Thank you!
Take a look at the form and the instructions to be sure, but for people without complicating issues (criminal arrests, immigration violations), you are probably fine doing it yourself. Take care, Jason
Hello Jason,
My wife has gotten her citizenship, so she is going to file me the adjustment of status forms. Do you think the pending asylum case without interview will cause delay to get my GC through this route?
Thanks
I am not sure, but these days, I think it does not cause a delay, and for my clients, we keep the asylum case open until they get the GC, and then we inform the asylum office and close the case. I did a post about getting a GC this way on August 6, 2018. Take care, Jason
Boston asylum office literally killed me slowly for waiting over 7 years. I don’t know how they have the audacity to dump a file in their system or shelf for 7 years. Today I’m a shadow of human I can’t even know who I am anymore, no human being should go through this terrible experience, I developed diabetes, stress and depression my wife is almost going crazy, I can’t even work full week although I have no other source of income, I’m dying slowly, I’ll ended up sent back to my prosecution country ready to die It was all lies That I will have a refuge here.
Asylum,
I feel you. I sat where you and your wife are sitting now, and feel your pain.
Let your wife know there is definitely light at the end of the tunnel.
If you can afford it, get mental health help please. It helps.
I know that feeling of worthlessness, because that was/is me.. If there are people in your lives( you and your wife) you care about, let them be your motivation to keep pushing.
I think you should write the asylum office. They are humans beings just as we are.
All the best to you and your family🙏🙏🙏
Correction: Human beings .
I did a post about the long waits on January 9, 2018. I am not sure whether it would be of any help, but it is there is you are interested. Take care, Jason
I Granted my asylum after 7.5 years , So wait plz it will come one day ,,, and think about something else , If you thinking about asylum everyday you are killing yourself. I was doing the same first 3 years every day I was checking my mail 3 4 times a day. But after that I start focusing about my life and family, Work hard Study something.. ):
Good luck
I don’t know how they expect us to remember some details of the events that happened over 8-10 years ago for example. People waiting for the interviews are getting older, could experience memory loss because of constant stress, trying to numb the pain and forget bad things with the help of alcohol and meds. Especially surviving the last few years. Because of stress I can’t concentrate on one task longer than 2 minutes, I’m forgetting what I was planning to do. Constant bombardment with bad news, existing with anxiety-ease pills.
I know of one woman who became hysterical at the interview, was crying all the time and couldn’t answer some questions. The officer sent her to get a psychiatric help. And she was supposed to come back for another second interview after evaluation and getting treatment.
The background check is taking years, but look at the representatives in congress, like MJT, boebert, gaetz and other dumb criminals, I don’t know how they got there and are still there. And those people, and people who elected them are in power to decide our fate.
Well said. In many cases, the longer the person waits for an interview, the more difficult the interview will be. Take care, Jason
Hi Jason, I wonder if asylum office can loose the case or forget about it? It has been 7 years since I applied in Arlington office and I did not have an interview.
They can, but I doubt that is the issue – many people have been waiting since 2015 and even 2014 without an interview. You can email them to confirm that the case is pending – you can find their email address if you follow the link under Resources called Asylum Office Locator. You can also try to expedite your case – I wrote about that on March 31, 2017. Take care, Jason
I applied for asylum in 11-2015, I had My interview in Boston Office in march/2016 and 2nd one was May-2016, I received a decision in Dec-2017, It was denial and referral to court. my IH court was Apr-2020 but because of Covid the date moved to Apr-06-2022, And Finally I granted.
But when I received the FIOA request I read the statement and the officer did a big mistake, for example :he said I meet the man who threaten me after the threaten happened ? and this is totally wrong and its so clear in my application statement..
So my IH court last only1 hour because I have a strong case, Negligence of the Boston officer cost me around 6 to 7 years of my life just waiting…
But in the end I granted so every one try to be Patience
Good Luck
That is very unfortunate, but not all that surprising. The interviews should be recorded and not typed, as that wastes too much time. In court, cases are recorded and only transcribed if they are needed for an appeal. It could be the same way at the asylum offices. I do not know that that would have presented a mistake like the one in your case, but at least it would allow the AOs to focus more on listening and less on typing. Anyway, I am glad it worked out – Congratulations! Take care, Jason
Hello Jason,
I interviewed on November 2021 in Newark and yesterday I received an update that fees for the I-765 were waived and today that a decision was mailed. So hopefully by Saturday, I will receive the decision letter. I applied in February 2017 and my first interview was in September 2021 and 2nd interview was in November 2021. I just want to give thank you for your help. I had a couple of questions during all these 5 years and finally, I will have a decision by this weekend.
Hi EH,
Congrats! The decision will be good one! How did you get interview? Did you apply to expedite your interview? Or Newark are processing cases from early 2017? If you applied to expedite your interview, could you please share your timeline?
Thanks
Hi Enenegn,
I didn’t apply for an expedite interview.
1)Interviewed was originally scheduled in March 21 2019 due Covid interview was canceled.
2)Interview re-scheduled for June 24th 2021 but this time I postponed due a scheduled surgery I had same date.
3)A phone called received that my interview was re-scheduled for September 21th, 2021. I interviewed for 3 hours, nice AO interviewed was good.
4)Received a letter for a 2nd interview for November 24th . The AO had some questions regarding my case. I was there for 30 minutes , quick interviewed.
5)Finally yesterday my case status change to fees waived and today that a decision was mailed . I filed my asylum case February 7 of 2017.
Thank you EH! Your timeline is amazing, not many people get called for interview in two years time. Mine is also in Newark; applied for asylum in January, 2017 ( which would be about month earlier than you). I never got called for interview and my guess is that the LIFO turned the priority upside down. Do you know anyone else that applied in the same period in Newark office and got called for interview?
It sounds positive, but you will have to wait for the letter. Good luck, Jason
Jason, this is a very good analysis by you. I guess normally people who migrate especially in the case of Asylum, mostly go to the east coast, particularly NY. Maybe these offices receive the bulk of cases that are filed by inexperienced people or applicants by themselves and get denied, as compared to the West Coast, or maybe West Coast is more liberal. Any ways, this shouldn’t be the case in granting or rejecting an asylum application, it gives an improper burden on immigration courts too.
Those could be explanations. It might also relate to the countries of origin of applicants in different parts of the US. Given the wide disparities, I think the report is correct that the US government should analyze the situation and try to determine what is happening. Take care, Jason
Hello Jason
I filed for asylum on 24 February 2022 and still have not received a receipt. Is it normal these days? My friends say they got the first receipt within two weeks. I filed in CA. Thank you.
I am telling clients that they will get receipts in 6 or 7 weeks, and I have not seen a receipt take two months. Maybe check that you sent it to the correct address, which you can double check on the I-589 page at http://www.uscis.gov. That said, I have heard about some receipts that are delayed very long, and so it is possible yours will arrive soon. Maybe you can email your local asylum office to inquire whether the case is in the system – you can find their email if you follow the link under Resources called Asylum Office Locator. If you cannot get an answer and a receipt does not arrive soon, maybe you need to re-file, but keep a copy of anything you mail, send it by certified mail so you have proof of delivery, and include an explanation that you previously filed but did not hear back. If you have a one-year filing deadline approaching, I would file again before you pass that point. Take care, Jason
Hi Tina,
Did you get the receipt notice?
I’m in the same situation. I filed on February 14th and still haven’t received the receipt.
Jason, very well said!
This reminds me of my experience with AO.
My interview lasted almost 5 hours and Officer was more into typing statement rather listening statement. On top of that Officer was more worried about thunder storm outside our interview building. My application was denied. I wish I could request for interview 2nd time.
I am sorry to hear it. Often times, applications denied at the asylum office are approved in court – I did a post about that on February 8, 2011 (it’s old, but makes this point). Take care, Jason
Hi Jason?
Thanks for the good work.
My EAD will expire next month. I applied about 11 months ago and I am currently using my 180 days of extension. What can I do to ensure USCIS send my EAD card before it finally expire next month?
Hi Jason,
I’m in this boat as well. My EAD will expire this Friday. I applied for renewal in December 2021 and up till now I have not received the receipt which means I cannot even use the 180 days extension. Its so sad! I’m so tired. Is there anything I can do?
If you are a healthcare worker, there is a process to expedite – I wrote about that on January 19, 2022. Otherwise, you can try to expedite in the “normal” was, which I wrote about on January 29, 2020. Healthcare workers do seem to have luck, but for others, it is very difficult to make them to their job. Take care, Jason
If you are a healthcare worker, there is a process to expedite – I wrote about that on January 19, 2022. Otherwise, you can try to expedite in the “normal” was, which I wrote about on January 29, 2020. Unfortunately, it is very difficult to get USCIS to expedite EAD applications. They do plan to change the automatic extension to one year, but that has not yet gone into effect and I do not think it will help people with pending applications anyway. Good luck, Jason
Hi Jason,
I am about to file a writ of mandamus against Chicago Office since my case has been waiting for a decision since December 2018. I have done 10 inquires since January 2020, reached out to my congressman and ombudsman yet all they say is my case is pending as if I can`t see that online. I was only able to sleep 3 hours last night as this uncertainty kept me up all night 🙁
So the question is even though I should be eligible for Grant of Asylum, the worst can happen is “Referral to an Immigration Court” right ? Would that be the case if somehow they USCIS Chicago Office can`t finalize my background check ?
Joseph, I was interviewed in February 2018, still waiting, tried all the offices as you did. I am also planning to file Mandamus. I just was not able to because of financial problems, as lawyers ask a lot for this, I was trying to find a draft so I can file it myself because I do not think there is any hard and fast rule either, USCIS failed to decide my case on time and neglected all the requests by me, my congressman, senator, Ombudsman, my lawyer or they have a good reason to not decide it in more than 4 years. Again, I always stop going further with this because of the fear that USCIS may take adverse action or pass a decision against me.
I look older than my age too and cannot sleep properly because of the pending case since 2014. Just a fear of what will happen with my family if I die without giving them their right to remain here. I cannot travel to see my 70-year-old mother in any other country. So I hope some real humans may try to see the problem and do something about it.
Seeker,
I totally feel and share your pain. Which office has your case?
Thanks, Joseph. It is Arlington VA.
Jason,
With my congressman`s inquiry, I received my asylum grant 3.5 years after the interview. Thanks for all your help and all you do here. I didn`t have to file mandamus.
Congratulations! We have posts from May 16, 2018 and December 15, 2021 that might be of interest to you. Take care, Jason
Hello Joseph,
Our case has been a decision pending since January 2018, my husband is the main applicant and he still has his kids back home . He is critically sick and we tried all possible means to get a decision from Chicago office , but nothing and when I check online it is an application received what a disaster.
EF: As I mentioned above, my decision is pending since Feb 2018. The only way to go ahead at this stage is Mandamus, I hope there is a possibility to file that without a lawyer. The grounds and law are clear and I do not think there would be any problem filing the petition and getting it noticed to the USCIS. I hope Jason helps us here and shares some sort of draft template of the petitions if possible. There are thousands of applicants like me who have a clear case of Mandamus and cannot file it because of financial problems.
I do not do such cases and do not have a draft to share. A guest blogger wrote about mandamus here on October 2, 2018, but he only described the process and did not include a draft either. Maybe you could contact him to ask about that though. Take care, Jason
My understanding is that if you do a mandamus and they want to grant the case, but cannot do that because of the background check, they would refer you to court (which is what happens when a case is denied and the person has no other status in the US). My impression is that does not often happen, but I am not sure since I do not do mandamus cases. Take care, Jason