Though I haven’t seen any data to back this up, it seems to me that second interviews at the Asylum Office are becoming more common. I’ve been hearing reports about second (or third) interviews from others and we are seeing it in our own practice as well. In this post, we will talk about the second interview: Why is it needed? What happens at a second interview? How should you prepare?
As a preliminary matter, I wonder how common second interviews actually are. I have never seen data about second interviews from the Asylum Division, and so we are left to speculate. In my own practice, second interviews are relatively rare. I would guess that maybe 5% of my asylum clients have been interviewed more than once. If my cases are representative (and that’s a big “if”), 5% of the roughly 435,000 pending cases is 21,750 second interviews, which is a lot of second interviews (on the other hand, who are we kidding – at the rate cases are moving, most applicants will be lucky to get a first interview anytime soon, let alone a second interview!).
So why are second interviews needed? There seems to be several different reasons. In some cases, the Asylum Officer (“AO”) completed the interview, but failed to gather all the relevant information from the applicant. Maybe the AO’s supervisor–who must approved each decision–needed additional testimony. Other times, the security background check reveals information that requires further explanation, or the Asylum Office discovered new facts that they want to ask you about. In other cases, maybe the AO quit or retired without finishing the case, and the notes are inadequate to reach a decision. In some cases, country conditions change, and this may raise additional questions, or perhaps a change in the law necessitates another interview. Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. This makes it more difficult to prepare, since what happens at the second interview depends on why that interview is needed.
In terms of what to expect at a second interview, you might be asked only a few perfunctory questions. On the other hand, you may need to re-do the entire interview–and answer questions in even more detail than at the first interview. In other cases, the AO may have questions only about a particular aspect of the case.
So how do you prepare for a second interview if you do not know what to expect? The obvious answer is to prepare for the worst. In other words, assume that your entire interview will be re-done and prepare accordingly (I did a post about what happens at an initial asylum interview here). Also, if you have notes from the prior interview(s), you should review those. If not, maybe you can think through what happened at the first interview in order to be better prepared. Did anything unusual happen? Were the AO’s questions focused on certain parts of the case? Do you recall making any mistakes?
Remember that inconsistencies between what you say at a second interview and what you said at the first interview might cause the AO to conclude that you are not telling the truth, so be careful about how you answer questions. If you do not understand a question, tell the officer that you do not understand. If you do not know the answer or do not remember, inform the AO. Do not guess. If you guess and your answer is not consistent with prior testimony or evidence, it could result in an adverse credibility finding, which would likely cause your case to be denied.
In addition, if you think additional evidence–including country condition evidence–would be beneficial for your case, you should gather and submit that. I wrote more about what evidence to submit here and about how to organize and submit that evidence here.
Finally, many people want to know if a second interview indicates that a decision is imminent or whether it is a positive or negative sign about the case’s outcome. At the end of the interview, you can (politely) ask the AO about the time frame for a decision. Often, the officer will not know, but there is no harm in asking. In my own experience, we often receive a decision within a few weeks or months after a second interview, but not always. In terms of the outcome, my sense is that a second interview is not a positive or a negative sign.
It is important to take second interviews seriously. They may be very brief, but they could also be extremely comprehensive. As with first interviews, those applicants who are well prepared will have an increased likelihood of success.
Hi Jason,
My friend is abroad (Brazil) and just got robbed and lost his RTD and freaking out as he feels he might get deported to his country of origin. He reached out to the US consulate and awaiting response. He is not yet a permanent resident (pending), what should he do? Will he be able to come back? If they sends him back home he will for sure be prosecuted!
Thanks!
I have not encountered that situation before, but the consulate should be able to help him. Losing an RTD does not cause him to lose his status in the US. Hopefully, he has a copy of the RTD or other documents showing he has status in the US, and the embassy should be able to assist. Take care, Jason
Asylumist
I’m going brazil next month with RTD can you please let me know how your friend was robbed? I wanna take care! Did they steal his bag at the hotel or in the street?
Street in the weirdest way. A guy stopped him with a needle in his hand claiming it got poison/HIV (lost in translation) and demanded that he gives him his waist bag. Frankly, it was a mistake, he was walking late at night in a sketchy area in Rio. He does have copies of his RTD, DL, etc.
Jason, the embassy directed him to apply for an i-131 and request to expedite it using the police report, and a letter from the embassy. They told him it should be processed in weeks.
Needle and Hiv lol sounds so ignorant and doesn’t make any sense but good thing he gave him the bag otherwise he would kill him by stabbing
Hopefully that will work, and hopefully in less time than “weeks” as that is a long while to be stuck in a third country. If you think of it, please let us know what happens, as that will help others. Thank you, Jason
It is a good idea to take photos of your important documents and keep them in the cloud so you can access them if that is ever needed. Take care, Jason
Jason, so is the Doyle meme dead? If yes then that’s disappointing. It states on ICEs website that ice attorneys are not processing PD request anymore.
Josie
It seems to change all the time. I am not sure. I am still trying to get PD for clients and as far as I know, DHS still agrees to that in some/many cases. But I am not sure of the “official” status of PD or the litigation. Take care, Jason
Jason just for your knowledge i watched 2 immigration attorneys yesterday separately and both mentioned that PD officially ain’t avalanche anymore and it wont be processed again!
DHS would still have authority to dismiss a case, as they did that long before the Doyle memo, but maybe as a standard procedure, it is now stopped, for better or worse. Take care, Jason
Hi Jason & asylum community:
I want to ask, should I be worried about 2022 and 2024, I know whether I am doesn’t change anything ? But I am very worried about what’s to come.
The court is as right leaning as it can be, what if the republicans take control of congress, and then confirm 3 more justices…a full gop court…and then come 2024, Tr*mp re-elected…a trifecta+a full gop court…would the asylum situation be worse ? possibly reverse the reversal of old policy ? (which, put in another way, restore the old policy)
And is there anything we can do ? Is there any reason for us to remain optimistic and hopeful ?
Hi there , if you have a credible (asylum) case then why you should be concerned if the other party win election !!? i’m not politically (left or right) involved in this country US but comparing the previous administration with this one (current one) its big difference and this one lost the track totally (my opinion) and i believe nothing worse then this can happen what’s been happening in past 2y in this country.
This administration is more concerned about what is happening in Russia & Ukraine border and internal affair and printing and sending overnight trillions of $ our tax money to them then of course inflation comes up than checking what is happening in our borders here in US enormous people coming through the open border and overwhelming the system , i believe this administr. has to focus and make priority and take care of people who live here First then start playing world police after they’re done homework.
Good luck to everybody
Totally agree with you Lake.
I did a post on August 17, 2020 that addresses these issues. Take care, Jason
hi Jason .
21 year old us citizen student can sponsor (i-130) his parents together (his father, his mother and his sister).
thank you
A US citizen over 21 can file an I-130 for his parents and sibling. You must file one form I-130 for each person. Parents are relatively fast, but siblings take about 14 years (Google “DOS visa bulletin” for more info). Take care, Jason
Dear Jason,
I am writing on behalf of an old and illiterate man. He is 65 years old. His asylum case has been granted since 1994, but he did not know about applying for permanent residency status. In 2020, I helped him to apply for his green card.
Last month, he received a mail from USCIS that is requesting:
1-) USCIS stated that “Our indicated that he was arrested for or has previously been charged with the crime of “SOLICITING LEWD IMMORAL PURPOSE ON 08/14/1993 in Washington DC”, so that they need a court disposition even if the case was dismissed.
2-) Form I-693, Report of Medical Examination and Vaccination Record.
Immediately, the old man went to an approved doctor and completed his form I-693. Also, we called the DC Metropolitan Police Department to inquire about the case. They said he has to request a background check from them, but if the case is over 10 years, they will put none in there.
The old man is living 1800 miles away from DC, but he decided to fly down there which cost $1,350. When he arrives there, he went to Superior Court of the District of Columbia and showed the USCIS request to them. The clerk who was there printed out another person case and gave it to him without even asking for his ID. They have same first and last name, but different birthdates and criminal charges. When he came back to me, I found that this is not his case document. When I revealed that information to him, the man become unconscious for an hour. Then he calmed down.
Can you please please please help us Jason on how someone who does not live in the same jurisdiction and need to get a court disposition on an arrest that last only 1 night in jail and go home without seeing a judge. Because he said the police just arrested on the night and let him go home the next morning without judgement.
Thanks!
You or he should not need to go in person to get a court record. Call the clerk of the court and ask how to get what you need. If they do not have the record, try to get a paper or something from their website indicating that the court no longer has the record. He should do his best to submit something, and if it is not the disposition, include an explanation about why you can’t get it (for example, that the court no longer has it). Maybe a lawyer who does criminal cases can assist. There are also companies that can help with a criminal background check, and if you have nothing else, maybe you can get something from them. I think as long as you do your best and submit whatever you can get, he should be alright. Take care, Jason
Hi Gason
I’m in American citizen I have my sister back in our country I want to sponsor her is that possible? And how long take usually thank you in advance
You can file for her – the wait time is very long, maybe 14 years, but it could be longer depending on the country. You can Google “DOS visa bulletin” to find more info. Take care, Jason
Hello,
I send a request to expedite my husband decision that has been pending since January 2019, and I received a status inquiry response letter that says your request has been received and has been forwarded to higher management review. The expedite request is based on my husband’s health condition ( stage 4 cancer) acute depression. Do you think they will review it or they will handle the request the same way they handle the case decision ( we are from what is called previously banned countries).
Thank you
That sounds like a strong reason to expedite, and I would not be surprised if they take it seriously. Whether that will actually result in a faster decision, I do not know, but hopefully it will. If that fails, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
hello Jason,
I will soon have my induvidual hearing (EOIR-42B) in January 2023. I have my son who has a learning problem (cse and iep) and he also has ALPHA THALASSEMIA (blood disorder). I would like to know if these documents from the Committee on Special Education (IEP) and the letter from the doctor can help me in my individual hearing before the judge.
My last question is if I start having these documents now, will it be valid in January 2023?
or I have to wait until January 2023 to establish them. thank you
A Cancellation of Removal case can be tricky and I highly recommend you have a lawyer help you. The documents you suggest seem like useful evidence, but whether that is enough, I cannot say. Also, evidence from now may seem a bit untimely in 6 months, but again, you need to have a lawyer evaluate this to see what is needed. Take care, Jason
I am sorry that I have to ask this question again.
But, it is just hard for me to wrap my head around that. So, according to what I learned, if an asylum case is dismissed by court, a person won’t be eligible to receive employment authorization ? How does this person work and make a living ? Is it meant for self-deportation ?
Because, again, as far as I know, there are around 11 million undocumented individuals in the U.S. I believe some of them are working ? How did they find their jobs and short circuits the work authorization requirement ?
Also, I have seen cases where a person is issued a final order of removal, but not actually removed, have to check in with ICE periodically, I know some of them are able to work.
My impression is that, a dismissed asylum case is … more legal than undocumented or ordered removed individual ? But, it’s the case that dismissed asylum can’t work but undocumented and ordered removed people can work ? Am I understanding it right ?
If the court case is dismissed, the asylum case ends and so any EAD based on the pending asylum is canceled. You need to find some other way to get permission to work – maybe re-apply for asylum? Or just work illegally? The US government has not thought this through, and their main concern is closing court cases. They do not seem to care what happens after that. Whether one situation makes a person less illegal than another, I cannot say, but neither the dismissed asylum seeker nor an undocumented person who has never had contact with the system at all is eligible to work legally unless they can find some way to do that. Take care, Jason
Thanks Jason,
It just seems counterintuitive to me 🧐.
Dear Jason,
Thank you for all you do for us here,God bless you.
Please,I submitted an I-131 AP and submitted alongside with a payment form for $660,but when the USCIS charged,they charged $575.
Though I had my interview on May 2nd,2022,after 5 years of waiting and I am waiting endlessly for the decision as its past 2 months now.
What do you think is happening that I was charged below the original fee? Anyone with similar issue can also help out as well.
Thank you.
As I remember, the correct fee for the I-131 for AP is $575. In terms of your decision, unfortunately, it often takes a long time after the interview to get a decision. I wrote a post with some ideas on March 30, 2022 – maybe that will help. Take care, Jason
Status changed to Fees Were Waived. If somebody got already the answer, please let me know what this mean. Thank You
Asylee,
Fee waived means you are getting asylee EAD.
The fee is waived because the first EAD when you are granted asylum is free.
Congratulations!!!
Many people think this means that the case is being approved, and hopefully that is correct. But to know for certain, you need to wait for the letter, which hopefully will arrive soon. Take care, Jason
I’m going to apply for GC as an asylee next April-2023 ?
Do I need to get COVID-19 Vaccinations for the medical exam ?
Thanks
I believe that you do – you can check the instructions to form I-693 at http://www.uscis.gov and that should give you an idea. Take care, Jason
Hi Jason,
My RTD has a 6 months validity left. Most embassies don’t give a visa with validity of less than 6 months. I want to be proactive and send a new application for RTD and return my original valid RTD. Is that possible?
Hi Jason ,
Thank you for the excellent work you do . Today supelreme court cancelled the Stay in Mexico scheme brought in by the Earlier administration. What do you feel will happpen will more people now come to the Us and apply for asylum and delay the process for people like me waiting for last 5 years for an interview,
I wrote about this general situation on April 6, 2022, and I suspect that as more people arrive at the Southern border to seek asylum, it will slow down the process even more (though I suppose it is not easy to go any slower than zero, which is about where things stand now). New officers may be coming on line soon, so maybe that will help. Take care, Jason
Yes – it is annoying, but you can apply for a new RTD using form I-131, available at http://www.uscis.gov. If your current RTD is valid, you should mail in the original RTD with your application. Take care, Jason
Evening,
I have few questions regarding pending asylum. I have been waiting for asylum interview since 2016 and decided to expedite but my lawyer did not recommend It since the denial rate is high for expedited cases. I finished my master degree in may. On basis of my education and experience am I eligible for express entry to Canada? How does it work if i am a pending asylum? Will i be able to adjust my status in Canada?
yes you are eligible for express entry to canada. It does not have anything to do with your asylum case in usa.
I wrote about expediting on March 30, 2017 and March 23, 2022. You can try to expedite – I agree that most such requests are denied, but there is no harm in trying. In terms of Canada, you need to contact a lawyer in Canada to discuss this issue before you go. The fact that you are in the US may make it impossible to apply for asylum in Canada per the Safe Third Country Agreement. There are exceptions to the rule and maybe a Canadian immigration lawyer can assist with that. Also, the lawyer can assist with eligibility for other types of immigration to Canada. Take care, Jason
Jason,
Express Entry is a skill based immigration option based on education and work experience. It has nothing to do with seeking asylum in the U.S. My brother immigrated to canada on express entry while I am pending asylum interview in USA for almost 7 years now.
My understanding is that the asylum case in the US would likely not affect that, but you need to talk to a lawyer in Canada about it. Take care, Jason
Funny thing is that many developed countries like Canada, Europe, Australia, New zealand and other countries have skill based immigration categories where a person can apply for permanent residence based on their qualifications, work experience and skills and benefits they provide to the host country without requiring sponsorship from any employer or business or relationship to any native citizen.
But in America the immigration laws are messed up, Employers exploit and mistreat you for 6/7 years on temporary work visas and then tell you to go fuck off back to your home countries after you spent a cumulative 7/8 years on your university education and slaving away/working for your employer.
Nice immigration system you have got here in the U.S and then you ask why 1 million people are pending on asylum?
There are some employment based categories that do work, but for the most part, our whole asylum and immigration system needs to be completely re-vised and updated to meet our country’s needs. Take care, Jason
Hello Jason!
I’ve been an interview pending from Russia for years now. I would like invite my mom to see me. As you probably know US embassy in Moscow does not provide visa service anymore. Can my mom apply for B1/B2 visa in the other country? We considering Uzbekistan, another post-Soviet nation. And can she apply the waiver based on her age (she is 79) and health condition?
Best, Tom
Hello Jason!
I’ve been an interview pending from Russia for years now. I would like invite my mom to see me. As you probably know US embassy in Moscow does not provide visa service anymore. Can my mom apply for B1/B2 visa in the other country? We considering Uzbekistan, another post-Soviet nation. And can she apply the waiver based on her age (she is 79) and health condition?
Best, Mago
She can apply at another embassy, but I would email the embassy first to see whether they would accept such an application (you can Google the embassy and find the contact info for the consular section). I do not know what you mean about a waiver, but typically, a child’s asylum application does not make it more difficult for a parent to get a B visa. Even so, she should be prepared to explain why she will return to Russia at the end of the visit and maybe have some evidence about that (proof of property, other family members in Russia, etc). Take care, Jason
Hello Everyone,
Anybody know where (address) to send I-131 travel documents as an asylee from Virginia?
Thank you.
Jibs
It depends on the type of travel document. You have to check the Direct Mailing Addresses for form I-131 at http://www.uscis.gov for the type of application you are filing (Advance Parole, Refugee Travel Document, etc). Take care, Jason
Hi Jason, we filled asylum in 2013, and we had first interview 3 hours long in 2015 that time officer said we will mail your decision after background check. we wait for decision almost 7 years but yesterday, I receive email for interview, Do I need to submit all the documents again and any suggestion for second interview
thank you
Hi preet, similar situation here. We have been waiting for decision for 2 years. Which office is this ?
San Francisco
I wrote about second interviews above. If there is new info about your or your case, you should submit that. Also, country conditions have probably changed in the last 7 years, and so you should submit updated country condition evidence as well. Take care, Jason
Hi Jason,
I have pending asylum and pending TPS and would like to apply for advance parole(AP):
Do you recommend I apply based on pending asylum or pending TPS?
Can I apply for AP based on TPS while pending?
Can I use my country passport to travel to the 3thd country?
Do I need to provide any reason for travel?
Can I apply for advance parole with 6 months future date or it’s better I apply with current date and since it takes time I let it come by time I am planning to travel?
Thanks,
It is easier and more certain to get AP based on TPS. I can’t remember whether you can apply for AP while TPS is pending. I think so, but check the I-131 instructions or talk to a lawyer about that. You will have to use your passport to travel, and that could be a problem for the asylum case. I wrote something on that point on May 25, 2022. For TPS AP, I think you do not need a reason for the travel (you do need a humanitarian reason for asylum TPS). It probably takes 6 or 8 months to get AP based on TPS. You can try to expedite, but that is not easy, so plan accordingly when you apply. Take care, Jason
Hi Jason
I am Asylee. I am applying for refugee travel document. What should I put in class of admission in the application ? asylee?
Thank you so much
I forget the exact question, but if the form wants to know your status when you last entered the US, you should list whatever status you had when you last arrived in the US. Take care, Jason
Hello Jason
Our asylum approved last year July we are going to apply our GC in July 2022, my question is that do we need to submit medical form along with the GC form and how long GC takes to be processed or approved?
Thank you so much
Whether you submit the medical exam with the I-485 is up to you. We have had issues with the exam expiring, and so I do not submit it for my clients until USCIS requests it, but supposedly, that problems is solves (assuming you get the exam and submit it quickly – I forget the exact time frame). Since I do not trust USCIS on this point, I prefer to submit it later. GC applications seem to be going faster. We were waiting 2 or 2.5 years, but lately, it seems a bit better – maybe 2 years or a bit faster. Things are always changing and so it is not easy to predict the time frame. Take care, Jason
Hj asylum granted
Can u get in touch with me
I need some of ur help and need to ask some queations
Do u mind emailing or talking to me pls
Thanks
Hello Jason,
I just checked online for my GC application and it shows as Request for Initial evidence sent, what does this mean, also when anyone got this what was it mostly about?
It means you should get a letter in the next couple weeks requesting additional evidence about the case. There is no way to know what it is until you get the letter. The most common letter for people who did not include a medical exam with the initial filing is a request for a medical exam. If so, that usually means the process is almost complete. In any case, you have to wait for the letter to know, and if the letter seems like a problem that you cannot resolve, talk to a lawyer for help. Take care, Jason
Hi,
I’m confused about the address to send my I-485 based on Asylum Status.
I google and believe the following is the address living in Virginia.
USCIS
Attn: NFB
P.O. Box 660867
Dallas, TX 75266-0867
Can anyone confirm this to be the right address? It is a lockbox filling location.
Thanks,
Jawid
I can’t confirm addresses here, but if you are looking at the I-485 Direct Filing Addresses web page (at http://www.uscis.gov) for Virginia, and that is the address, you should be fine. Take care, Jason
Do I need the I-94 asylum granted after receiving the green card? I can not find mine and I don’t know if I will need it in the future for applying for citizenship.
Thank you
You do not need it to apply for citizenship, and I am not sure why you would ever need it. Also, there is a code on the GC that indicates you got the GC based on asylum, if you ever need proof about that. Take care, Jason
Hello jason
I been waiting for 11 months to get my RTD and guess what I decided to expedite it last week for emergency as i need to travel next month and unfortunately USCIS sent me email today saying your expedite request is denied!!! I’m completely frustrated that it’s been 11 months and still can’t get my RTD! Does that expedite denial will slow down my application
More or effect it bad???? Any effect from expedite denial? I also contacted the -ombudsman after i got the denial and hopefully they can do something!!
The expedite denial should have no effect, and you should (hopefully) get the RTD soon, as most are taking around 10 to 12 months. But it is ridiculous to wait so long for such a basic document, especially since the RTD is only good for one year. Take care, Jason
Hello Jason,
First of all thank you for always being helpful and guiding asylum seekers.
1 question, Is a speeding ticket cleared by the court reported as a citation/ detention? I was stopped by the cop but I did not get down from my car. He give me the ticket and I went to court and cleared it.
Regards.
Jawid
It depends what info is requested. For example, such info may be required when applying for a c-8 (asylum pending) work permit. You just have to check the question on whatever form you are filing. If you are not sure, you can check whatever answer you think best (yes or no), circle the question and write “see cover letter” next to it. In the cover letter, you can explain the situation and include a copy of the dismissal. Such a citation would not block you from any immigration benefit, and so the only risk is that USCIS would accuse you of not telling them about it. So if you tell them, there should be no issue. Take care, Jason
Hello Jason,
First of all thank you for all you do to help asylum seekers.
I am an asylee and will be applying for my adjustment of status.
I filled the I-485 form. However I have to main questions.
1:- Part 1, page 3, sections 26a-26c. I have an electronic I94 issued at the time of my arrival, authorized stay of 07/22/2016. Of course I overstayed the Authorized Stay period. But then I got a paper I94 after grant of asylum. It states Departure Record. A, the numbers of the two i94 issued to me are different. B, there is no expiry date on the second I94 which say Asylum Status Granted indefinitely. My question: Which I94 I use in section 26.a?
2:- Part 8, page 9. “Have you ever been a member of, involved in, or in any way associated with any organization, association, fund, etc.” My question: I was working for a thinktank and its newspaper as a paid employee but I wasn’t a member. Does it count as being involved or associated?
I greatly appreciate your answer and giving time.
Thank you.
1 – It depends if they want the I-94 from your original entry, but if it is not clear, you can include both – list either one on the form, and on the cover page or the supplement page, you can list the other number. You can also include copies of both I-94 documents. 2 – I doubt this counts as a member of an organization since it is your job, so I do not think you need to list it. I would double check the I-589 asylum form and try to make sure the I-485 is consistent with the I-589. If the two forms are not consistent, it can sometimes cause problems. Take care, Jason
Thanks.
Hi Jason,
I understand some asylum-approved cases in court would get interview notice when they apply for adjustment of status. How often do you see that person gets denied at that green card interview? Also, can they deny the application for RTD? How often do you see these circumstances? I guess they can deny everything if they want to and have a reason for it, but I am trying to see how often these things actually happen?
Thank you.
I have never had a client denied an RTD and as far as I remember, I have never had a client denied a GC after winning asylum in court. I have seen examples where USCIS denied or sought to deny GC cases – these often involved an inconsistencies between the I-589 form and the I-485 form (for example, listing different memberships in organizations, or different addresses. Usually, these issues can be explained, but I know USCIS sometimes does deny such cases. I suspect it is rare, but if you have a concern, it is best to talk to a lawyer before you apply for the GC. Take care, Jason
Dear Jason,
During 2002-2004, I was a member of a small village-based family group that tried to educate women. During this time, I assist in the development of educational materials. I was not a member in the legal sense; they simply requested assistance and I provided it. As there was no way to resign, I believe I am still a member of this group, despite the fact that it is inactive except for a Facebook page. When I asked for asylum, I did not mention it because I believed it was irrelevant, but when I applied for a green card, I did so without explaining why I did not include it in my asylum application. What do you believe will be the effect on my green card application? I submitted my application for a green card to the Texas service center, but it was routed to the National Benefit Center for processing. Where should I send an explanation if I want to. I am concerned that they may view this as inconsistent. What do you suggest? Should I send an explanation immediately or wait till they request it? My application for a green card has been pending for 14 months.
You can try to send in the explanation in advance, but I would just wait for the Request for Evidence, as it is much easier to submit documents once you have the RFE. Just provide an explanation, as you did above. If you mentioned the group in your asylum case (maybe in an affidavit or testimony, or if you provided evidence about it), you can also explain that in responding to the RFE. We have had that happen to us several times, and each time, USCIS has accepted the explanation. In addition, you will probably be asked to explain why you did not mention the group in your original asylum form, and so you need to explain that as well. Maybe you want to talk to a lawyer about it, if you think you will have trouble respond to the RFE. Take care, Jason
Thank you so much Jason.
Dear Jason,
I’d like to thank you for being with us during this hard chapter of our life .
I received a letter from USCIS on weekend that my expedite request wasn’t approved.
I applied since 2015 in Los Angeles and after 7 years wait time with family separation and mental health involved, it’s not their priority to schedule an interview.
I’m sure now the only option is writ of mandamus.
Please let me know the cost of lawsuit and the impact of the lawsuit on the interview outcome. Can any officer retaliate on my case(denial or long delay decision) due to the lawsuit?
We wrote about mandamus lawsuits on October 2, 2018. There is no standard fee, but you’ll probably pay anywhere from two or three thousand to seven or eight thousand, depending on the lawyer and whether the US government fights the case. I think the Asylum Office does not retaliate and in some cases, the officer may not even know a mandamus was filed. On the other hand, I am not 100% certain about this and I have had asylum interviews where they were aware of the mandamus, including one that was denied – my only denial in the case of an apostate from Iran. So I was suspicious of retaliation in that case, though there is no way to know, and there could have been other legitimate reasons to deny. Take care, Jason
Wants to file for mandamus , from Iran too ,
Hello. Can someone let me know from experience if I can travel to Puerto Rico with just State ID (that’s REAL ID compliant) and/or I-765 while asylum is pending? I don’t have a passport right now (it’s expired). Thanks.
We have had clients go to PR with no issues, but you might double check with the airline about what documents are needed to return. A state ID should be enough. Also, if you go other places (for example, the US Virgin Islands), you do need a valid re-entry document. Take care, Jason
Thank you Jason; appreciate your help, as always!
Has anyone ever submitted a service request for their i485 processing outside of normal processing times. What was the outcome with such inquiry? How long did they take to give you a response?
I submitted one on May 16 and I’m still waiting for a response. I called and they told me it’s 30 business day and not 30 calendar days (which I think is a lie). Today marks the 30th business day and I haven’t heard anything. The online case status said the inquiry has not been assigned to an officer. They told me that with the type of case inquiry they MUST give details as to exactly why my case is taking long…is this true?
That sounds correct. We have done them and they don’t seem terribly useful, but it is worth doing, as maybe it will help, and also, it is a necessary step if you want to make further inquiries (for example at the USCIS Ombudsman – listed under Resources) or a mandamus lawsuit. Take care, Jason
Hello Jason,
My asylum is granted from immigration court and I will be able to submit application for green card on January. My elder brother wants to visit with his family to USA for couple of weeks. In his ds160 form he mentioned my information in immediate relative section. If visa interview officer asked him where are you going to stay in USA, then will it be okay to mention my address or mentioning hotel address will be wise to avoid some questions or possible visa rejection ? Please advise
Thanks
I think he has to answer honestly, and they already know you have asylum (which may make it more difficult for him to get a visa). He just needs to submit the strongest application he can and hope for the best. There are attorneys who help with non-immigrant visas, and so maybe you want to talk to someone like that to see whether they can help. Take care, Jason
Hi Everyone!
Can I apply for E2 Visa while being in pending asylum (waiting for interview since 2015)? If yes, then has anyone done here?
Please guide.
Thank you.
I wrote about this on August 28 2018 – maybe that post would help. Take care, Jason
Hi Jason. I am Asylee and have Green card. I have RTD too. I want to visit some countries but not on my Country Passport. I want to use my RTD for visa.
I know that some countries allow RTD visa free. But i do not want to visit those countries. I want to visit Turkey, Saudi Arabia and UAE.
My Question is that can i use my RTD as Passport? Means can i submit my RTD instead of my country passport?
I do not know. You have to check their embassy website or contact the embassy directly to see whether they accept the RTD. I have a feeling that these countries, especially Saudi and UAE, do not accept the RTD, but I am not certain. Take care, Jason
Hi Jason. I want to hear your opinion. My interview was in 2018. I submitted FOIA this year and find out it was approved by AO in June 2020 and submitted to Supervisor AO, it is 2 years since AO approved but nothing from supervisor. I also requested congressman inquiry and was informed I am going to receive correspondence but still nothing. What should I expect?
I think a preliminary approval is nice, but not really helpful since it is not final. I would email them to check the status of the case. I wrote about that on March 30, 2022. If that fails, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018 – maybe that would help. Take care, Jason
Such a good job 👏
Biden administration halts limits on ICE arrests following court ruling
https://www.cbsnews.com/amp/news/immigration-biden-administration-halts-limits-on-immigration-arrests/
Good ! The Biden admin finally steps up in rectifying the unfair favoring of air traveling
noncitizens. The ICE arrests disproportionally target people who entered by land or without visa, so it’s a good start.
I guess I embarrassed myself by reading too quickly wuwuwu 🥺 …
This just shows that the who system still largely favors visa holders and air travelers. And I am surprised no one except me has said anything about this inherent yet blatant discrimination in our laws…
Hello Jason,
Really appreciate your help to all the people.
I have a pending asylum since 2017 and waiting for interview and there seems to be no signs of it anytime soon? Are they still processing the interview from FIFO or are they even taking application from previous backlogs . Can you provide timeline of asylum application filed for any interview that was most recently scheduled. Just wanted to know about the date from which they are scheduling the interviews. And also I have an employer right now who can file eb3 green card , will that create a problem? I came here as F1 student and filed within the first year of arrival and maintained my student status until i completed my studies but currently i am in pending status(which is not even a valid status?)
There is no time line for interviews and cases are moving slowly. Probably your only hope for an interview is to try to expedite, which I wrote about on March 30, 2017 and March 23, 2022. In terms of getting a GC based on employment, talk to a lawyer about your eligibility, as the specifics of the case are important. I also did a post on August 28, 2018, which may help. Take care, Jason
Hello,
I applied for my I-485 based on the asylee’s status. The receipt came from NBC and usually, this center administrates AOS green cards. Any thoughts on why? Thanks!
I do not think that is significant; they often move cases around depending on work loads, so maybe this is a similar issue. But I do not know for sure. Take care, Jason
I have a green card interview next month asylum grant base they give me interview date with in 4 months N B C .What will happen in the interview ? And many asylee green card approved without interview
During the Trump Administration, they announced a policy to interview all GC applicants who are applying based on asylum. That never completely happened, but as far as I know, the policy was never reversed and so many GC applicants are interviewed. They mostly just go over the I-485 form with you, but if there inconsistencies with your I-589, you should be prepared to explain those. You should also review the old asylum case, so you can answer questions about that if asked, though you probably will not be asked. As always, if you do not know an answer or do not remember, say that you do not know, and do not guess. Take care, Jason
Hi,
Did the receipt number come from NBC directly or was it transferred to NBC? Please let us know how it goes.
Hello,
We’ve had our 2nd interview and I’m wondering how long has people experienced having decisions from the Arlington office?
Thanks
For many second interviews the decision comes relatively soon – maybe a few weeks or months, but not always, and sometimes there are long delays after the second interview. So I guess in my experience, the wait time is not predictable. Take care, Jason
Thank you for your reply Jason!
Hello Jason,
You are very right. I prepared myself to death but when I got there, they only fingerprinted my dependents and asked them security questions. Though I have been waiting for several years to get the decision but I decided no to put any pressure on myself. I will wait until they make the decision because waiting for the decision can sometimes be worse than the persecution itself.
It is not easy to wait, and I have heard from many people that the long waits can be worse than the persecution back home. Take care, Jason
Hello Jason and all,
I applied for asylum-based GC. My case was transferred from Nebraska to NBC. Does anyone have their cases moved too?
Thanks
It is pretty common for cases to be moved around, so I do not think it is a cause for concern. Take care, Jason
Hi Jason,
I got my asylum approved back in March 2018. My green card mentions me resident since October 2018. My question is do I have to start counting my five years for citizenship on the day I got my asylum approved or the from the day I became permanent resident per my green card. I know normally its five years from the date on green card but is it the same for asylee or not ? I will truly appreciate your time and insight.
Best,
Sarah
It is 5 years from the date on the GC. When you got the GC, it should have been back dated one year (so presumably, you got the GC in October 2019 and they back dated it to 2018). Take care, Jason
Hi Jason
With regards to our asylum application I would like to ask you a question.
Its been more 2 years now since we have seen the status change to ” next step is an interview” However we have not received an email or a letter in the mail as to when the interview will be conducted.
1. Do you know how long it takes to receive an interview leter
2. Do you advice we find a lawyer to prepare for the case?
3. Do you advice we find a lawyer from our city or city of California where the interview will be held ?
4 . We have 2 kids with us and no one to take care of our kids, Literally have no friends. Do you think they will allow us to take kids along with us for an asylum interview.
5. Your suggestion to help us find a lawyer for our case? Thank you! I would be so happy to have you as our lawyer, would like to know if you are taking up any new cases.
1 – It is not predictable, but they prioritize new cases and only interview a few of those, so unless you can expedite, I doubt you will get an interview any time soon. 2 – I did a blog post about this question on July 7, 2016, maybe take a look at that. 3 – It is normally better to have a local lawyer, but it does not make that much difference. 4 – If they are not US citizen and are part of the asylum case, they are required to attend. If not, it is best to find someone or pay someone to watch them, but if not, you can bring them, as they normally only interview one person at a time (and the dependent’s interview only takes 10 or 15 minutes for most cases). 5 – I cannot help find a lawyer, but you can look at AILA.org, as that is a legitimate organization with a lawyer referral service. If you want me as the lawyer, you can email me at jdzubow@dzubowlaw.com, though I am in Washington, DC. Take care, Jason
Hi Kayra-
I am former asylum officer with USCIS and currently I offer mock (practice) interviews to affirmative asylum seekers who are represented by an attorney or accredited representative. If you secure an attorney and have a scheduled asylum interview at a local USCIS Asylum Office, please reach out to me if you are interested in a mock interview. I can be reached by email at: allen.schwartz@visaconsults.com. You can also visit my website at: http://www.visaconsults.com. Best wishes.
Hey Jason!
In a couple of months it will be 10 years since I arrived in the US. I have filed for asylum in 2015 and still didn’t have an interview. Do you think it is better for me to request cancellation of removal after 10 years have passed or should I just wait for my asylum interview? I know that I didn’t apply for asylum within a year of arrival but my case is legitimate and was accepted by USCIS. I am really tired of waiting and this uncertainty makes me anxious.
Hi B, What do you mean by remove your case from the asylum office, do you want to go back or still be here in the US.
Are you looking for another way to obtain status ?
Have you tried expediting your case without waiting ?
You can only request Cancellation if your case is transferred to Immigration Court. If that happens, talk to a lawyer, but you could request both asylum and Cancellation, assuming you are eligible. In terms of the asylum case, you can try to expedite. I wrote about that on March 30, 2017 and March 23, 2022. Take care, Jason
Hello , How are you I have to Questions
1- I’m going to apply for RTD for my wife due her dad critical medical issues. How can I speed up the process so she can travel in 2 month for her dad surgery?
2- My wife is in my Asylum application and she is From Country J and I’m a Stateless Palestinian and I apply for asylum from Lebanon ? She is going to Country U (Not Lebanon ) because her father lives there ? Do I have to send a copy from my Asylum application with the RTD application?
Thanks
1 – You can request that the RTD be expedited – I wrote about expediting in general on January 29, 2020. You might first call USCIS at 800-375-5283. If you can reach a person, you can explain the emergency and see whether they can help. I would caution you that it is difficult to get them to expedite a case. Also, note that if you do not yet have asylum, and only have a pending asylum case, she cannot file for an RTD. She can file for Advance Parole – I wrote about that on September 11, 2017 and if she applies for that, I would also start by calling USCIS to see if they can help. 2 – If your wife is a dependent, it generally does not matter where she travels, unless maybe your asylum case indicates that your whole family is in danger in your country and then she goes to your country. In terms of what documents are needed, you have to review the instructions to the form I-131 (which is used for AP and an RTD), but in neither case do you need to send a copy of the I-589 form itself. Take care, Jason
thanks for your help
another question plz,
My C(8) Employment Authorization will expire in March- 01-2023 ? and I’ve granted asylum in Apr-06-2022?
Can I apply for new Employment Authorization as A( 5 ) category to adjust my status now or I have to wait till 180 days before March – 01 – 2023 ?
Thanks
You can apply immediately. If you got asylum in court, you have to Google “post order instructions in immigration court” and that should get you an EAD (though you can also just send in the form I-765 based on a-5). If you won at the asylum office, they should send you a new EAD card. Take care, Jason
How much do I have to pay filing Fee and biometric services fee as asylee
It depends what you need – if you are applying for a GC, you generally have to pay the biometrics fee, and so check the instructions about that (for form I-485, available at http://www.uscis.gov). Take care, Jason
Hey Jason,and thank you so much for all what you do.
I have a question,I filed for the asylum in 2019 and I haven’t been scheduled for an interview.I had included my husband and the kids in my application but they are not here in the U.S still in my home country.
So my question is ,is it advisable or safe for them to apply for a visit visa so they can join me as I wait for my interview or it will cause problems and interfere with my application.?
Thank you.
Depending on the type of visa, they will likely be denied because the embassy will think they plan to join you in the US. So I expect it will be difficult for them to get a B or F visa (since these visas require you to leave at the end of your visit), but if they are eligible for an H1b or an L, that is not affected by a family member’s asylum case. Unless they lie on the visa application or say something about you, I do not see how their visa application would affect your asylum case. In other words, while I think they will have a difficult time getting visas, I do not see any harm in trying (aside from paying the visa application fee). Take care, Jason
Dear Jason
I crossed the border illegally in December 2021 through San Ysydro point. I crossed it without any visa and was given an I-94 for one year. I have not filed an asylum application 589 yet. My friend told me I can request work permit based on C11 category even if I did not file for asylum. Is it true? Thank you.
If you have an entry document or I-94 indicating that you were paroled into the US, you should be eligible for a c-11 EAD. However, most people who enter without a visa are not eligible for such an EAD, so maybe show it to a lawyer to see whether you are eligible. Also, if you plan to file for asylum, you should do that soon – unless you file during your first year in the US, the asylum case can be denied as untimely. Take care, Jason
Hello dear Jason
I have got the I-730 approval notice from USCIS for my family written case has been forwarded to NVC so then NVC sent me a notice that case has been sent to embassy to schedule interview so my question is in USCIS approval notice they wrote my A number and also they give A number for my wife the beneficiary but in NVC notice they put another A number for my wife so now I’m confused which A number is right because embassy scheduled the interview so they asked to write the A number for each photos so I do t know which A number I have to write please assist in this regard?
Thanks
Asylee
Hello Asylee, I applied for my family in June, 2020 in Nabraska. Last year July 2021 they transferred my case to NBC but I’m still waiting. Can you please share your time line which can help me
I am not sure why they would give her two Alien numbers. Maybe you can attach a note explaining that there are two number and listing them both? Or maybe I am misunderstanding your question – if your wife only has one A number, you should write her number on her photos. Take care, Jason
Yes Uscis give her A number and then when I got letter from NVC they give another A number now she has two A number and I’m confused
I think you will have to somehow explain that and provide evidence about the two A numbers – maybe in a cover letter or on the supplement page at the end of the form. It does seem strange to me, so maybe talk to a lawyer about that to see if the lawyer can advise you about what happened. Take care, Jason
That’s a naughty pic… :p
In my defense, I could have used a much worse picture…
Dear Jason,
I appreciate all you do here.
I had my interview last month after 5 years and I have waited 8 weeks after for a decision and just believing God for now.
I really need answers from USCIS as I am getting bored and tired so I have submitted an AP to be expedited for next month,as I need to see my wife and daughter after 6 years of fleeing religious persecution in my country.
What are the chances of getting this AP expedited?
Thank you.
It is difficult to expedite any case with USCIS, but you can try. Some people do have luck expediting AP, especially if you have a strong reason (visiting a very sick relative or attending an important family event). Decisions seem to be very slow after asylum interviews, but you might reach out to the asylum office to ask them to expedite the decision. You can find their email if you follow the link under Resources called Asylum Office Locator. I also did a post about this on March 30, 2022. Take care, Jason
Thank you so much.
I will act accordingly and hopefully it will bring about a good testimony.
Amen
I mean it’s not a complaint :p …
Jason & the Assylum Community,
Below is my timeline for the immigration process. This might help and encourage others. For me I would say I am done the tiresome immigrant journey. Jason I am very much thankful for your help.
– June 21, 2022 Card Was Mailed To Me
– June 16, 2022 We approved your Form I-485, Application to Register Permanent Residence or Adjust Status.
– June 15, 2022 We ordered your new card.
– May 26, 2022 We received your response for Form I-485, Application to Register Permanent Residence or Adjust Status.
– March 31, 2022 We sent a request for initial evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status.
– February 10, 2021 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken.
– August 19, 2020 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our Texas Service Center location is working on your case.
– August 12, 2020 We received your Form I-485, Application to Register Permanent Residence or Adjust Status.
It is exhausting, but happily, this part is done. Thank you for sharing the timeline, as it helps others. Take care, Jason
Hi Jason- instead of blocking my email you could have asked me to not comment on the blog! I am not sure what in any of my comments you found offensive!
I do not know of an instance where I blocked you. I erased someone else’s comments under a different article (as I had warned that person about such posts in the past), and the comments responding to that person were erased as well, but otherwise, I did not block anyone’s posts here. Take care, Jason