It’s common these days to find asylum seekers at the Asylum Office and in Immigration Court who filed their asylum application, form I-589, five, six, seven or more years ago. During that time, some information on the form becomes out of date. Also, new events occur which need to be added to the form. What is the best and most efficient way to update your asylum application at the Asylum Office and in court?
Let’s start with the Asylum Office. At the beginning of the interview, the Asylum Officer (“AO”) will orally review the form I-589 with you. They generally only go over the first four pages, which contains your biographic information, including names and information about your spouse and children, your address, education, and employment history, and the names and locations of your parents and siblings. They will ask you each question, and if there is new information, they will write it on the form by hand with a red pen (so it is easily visible). They will number each change, and at the end of the form, note how many changes they made. You will then sign the form again (usually at the very end of the interview) confirming the changes.
For those who filed long ago, much of the information listed on the form will have changed (for example, I did an asylum interview recently where the applicant filed in 2015, and the AO made 31 updates to the form). People get married, have children, find new jobs, and move. Each of these changes needs to be recorded on the form. Reviewing all this can be very time consuming (and boring). Also, it is often difficult to remember all this information, including dates that you moved, changed jobs or attended new schools.
The obvious solution to these problems is to provide written updates to the officer at the start of the interview. That’s what we do for all our old cases. Once we receive the interview notice, we contact the client and go over the first four pages of the I-589. We write down any changes on a piece of paper and when we check-in to the interview, we give the updates to the Asylum Office. Most officers seem to appreciate these updates, as it speeds things along. Instead of the applicant being forced to recall all the new information in the moment (and potentially make mistakes), the written updates allow the AO to copy the new information and add it to the form.
We can also use the written update sheet to make any needed corrections to the original I-589 form (on pages 1-4 or any other pages). If there are errors on the form, it is best to correct those prior to the interview, as that reduces the likelihood that the error will affect your credibility.
Given the benefits of submitting written updates to the I-589, it has always surprised me that the Asylum Office does not request this when they send the interview notice. So if anyone at the Asylum Office is listening, please request applicants to bring written updates to their interview. This will save time and aggravation for asylum offices (and interpreters), increase accuracy, and allow AOs and applicants to focus on the substance of the claim.
In Immigration Court, the situation is a bit different. Judges rarely go over the I-589 form at the start of an Individual Hearing. Instead, they often simply ask whether the I-589 is accurate and complete (and sometimes, they do not even do that). It is possible to orally update the I-589 at the beginning of a hearing, but most judges would find that aggravating and a waste of time, and of course, it is not a great idea to aggravate the person who you hope will grant your case.
There are basically two options: (1) You can submit a brand new I-589 along with your other evidence; or (2) You can submit an update sheet, as discussed above. Unless there are major changes or problems with the original I-589, I prefer to submit the original I-589 and a page of updates. Partly, I prefer this method because I am lazy and do not want to re-do the form, but it’s also because some judges seem to prefer the original form (for cases that were referred from the Asylum Office to court, the judge and DHS should already have a copy of the original form + all the other documents submitted to the Asylum Office). Also, if I re-do the form, there is more chance for an inconsistency.
I can imagine situations where it is better to submit a new I-589 form. If you do that, be careful about inconsistencies with the old form. Also, if there are changes to the form, it is probably wise to explain those in writing, maybe in your affidavit.
If there are more than a few changes to your I-589, it is a good idea to submit those changes in writing prior to the asylum interview or Immigration Court hearing. This will help ensure accuracy, save time, and (hopefully) make the decision-maker happy. And if your decision-maker is happy, you are more likely to get a positive result.
[…] as high as 50, but older cases take longer (because such cases need to be updated and because USCIS fails to request updates in advance of the interview) and these same AOs also have other responsibilities. Further, it is unclear which […]
[…] at the Asylum Office, the applicant would need to update the form beforehand (I wrote about that here). This should be easily accomplished by represented applicants, as their lawyers can prepare […]
[…] a few months later. We did not file a new I-589 form (though we could have). Instead, we filed updates to the pending application. I was worried that we did not file within a reasonable time after my […]
Hola! Si tengo un caso de asilo afirmativo en línea, pero debo agregar esposa e hijo en solicitud, se envía evidencia no solicitada en línea o se deben enviar las correcciones en físico a una oficina? Muchas gracias
I wrote about this on May 29, 2023 and maybe that post will help. Adding a spouse or child is often difficult and takes a long time. Instead of adding them to your case, you might think about whether it is better for your spouse to file their own case with the child as their dependent. That may be easier than adding them to your case, and then if you get an interview, you can add them to your case at the interview, which is easier. Take care, Jason
I and my wife are both in pending status for the I-589 application. Our cases are separate, and we got married after submitting our asylum applications.
For my upcoming interview, I need to update my I-589 form to change my marital status from single to married and add information about our child.（There are a lot of things on my i589 form that need to be updated）
I want to confirm if I need to submit the updated form in advance or if I can inform the interviewer of the changes on the day of the interview. Also, if my interview is successful, can I apply for my wife to become a derivative asylum applicant using Form I-730? I really appreciate your response.”
I look forward to seeing your reply
I appreciate for your help
You can update the form in advance or at the interview. We do it at the interview, as the officer needs to go over your I-589 at the interview and can just copy the changes in your update sheet onto the I-589 that is already in the file. For your wife, if you win asylum, you can file an I-730 for her to get asylum herself (available at http://www.uscis.gov). Alternatively, you can add her to your case at the interview. This is easy to do – just bring a copy and original of all her identity documents, marriage certificate, and asylum receipts. The officer can add her to your case, so when you get a decision, that decision will apply to her too (so if you win, she wins on the same day, but if you lose, she loses also). To add her to your case, she will probably need to withdraw her own case, and so you need to decide about that. If your case is stronger than her case, it might be a good idea, but if her case is stronger than your case, she may want to keep her case going and if she wins later on, she can file the I-730 for you, even if your case is denied and sent to Immigration Court. Take care, Jason
Thank you for your reply.
one more question：
Part C Additional information about your application
1. Have you, your spouse, your children, your parents, or your siblings ever applied for refugee status, refugee status, or withholding of removal from the U.S. government?
I filed form I589 on 02/2016 when the answer to this question was “no” but I got married in 2019. (My wife filed i589 on 03/2016). Now I need to update my i 589，should I change the answer to “yes”?
Normally, the Asylum Officer does not update that page, but you can, and you can include evidence of her pending I-589 case, such as the receipt. Take care, Jason
Thank you so much!
Hi Jason
I am so glad that you are helping the asylum community. I have some questions for you. I hope you will help me too.
My husband filed for asylum in 2017, and he added me to his case too. But, while moving, I think we misplaced a copy of I-589, and as it’s been a long time, we might have forgotten some parts of stories that we mentioned in our I-589. Is there any way we can get a copy of our original i-589 so we can prepare our evidence and documents for our interviews?
Another question is: We don’t even have our first interview schedule yet, and I don’t know how much longer it will take. And I have heard about the EB3 visa. Can I apply for that, or will it impact our asylum case?
Hope to hear from you soon
Thank you
There is a link under Resources called USCIS FOIA. If you follow that, you can request a copy of your file from USCIS. You can apply for an EB3 visa, but whether you are eligible to get it without leaving the US depends on your case. I wrote about this issue on August 28, 2018 and September 6, 2018. You can take a look at those posts, but you would also need to talk to a lawyer about the specifics of your case to see whether this could work. Applying for an EN3 visa should have no effect on the asylum case. Take care, Jason
Thank you so much for your quick response. I’ll definitely look into that. And one more question: can I travel out of the country with my US-born kids? As my husband is the one who filed for asylum and I’m the only dependent?
If you have a pending asylum case as a dependent, you need Advance Parole to travel (unless you have certain other types of status, such as an H1b or L visa). I wrote about AP on September 11, 2017. If you children are US citizens, they can travel normally, like any other US citizen. Take care, Jason (PS: there is a typo above – it should be EB3 and not EN3)
Thank you so much Jason. I’ll surely dive into that article to know more about it. Once again thank you so much.
Hi Jason
Thanks for helping asylum seekers.Me and my family’s 4 kids came to US in nov 2014 NY air port and after 1 and we applied for asylum and get a letter from uscis to stay till the decision. In 2017 we get interview and get decision Recomended for approval. After this we still waiting for final decision and it’s 2023 now . We live before in NJ and now move to PA. My 1 daughter get married and other daughter become 18 years now.my one son born here in us and other son is 14 years now. Worried about their future in US.
Please help us . Me and my wife getting sick now and in very critical situation.
Thanks waiting for your kind reply
If you have a child who was a dependent on the case and that child got married, she is no longer able to be a dependent, and so either she needs to get her status some other way (through marriage?) or file her own asylum application. In terms of your case, I did a post about ideas for dealing with post-interview delay on June 2, 2021 and maybe that would help. Anyway, you need to try inquiring about the case, but if that fails, you may need to file a mandamus lawsuit to force them to issue a decision. Six years of post-interview delay is ridiculous. Take care, Jason
Hello Jason. Been reading your blog for a while and now would like to ask you couple questions.
Im trying to add my child as depentend to my I589 that i filed almost 7 years ago and a little confused. Based on AAPM I can submit just pages 1,2,3 and 9 with my child info and attach proof of relationship and photo correct? Should I add new adresses and places of work for last 5 years in US there as well or just keep original I589? So basically i should send pages 1,2,3 (may be 4 if I need to add adresses and places of work) and 9, proof of relationship, photo and thats it right?
Adding a child is often difficult and I cannot easily explain the process here. I recommend you contact the asylum office and ask exactly what you need to do – you can find their email if you follow the link under Resources called Asylum Office Locator. In terms of documents, we submit a copy of the original I-589, a copy of page 9 for the dependent you want to add, proof of the pending case, proof of the relationship, letters from the principal and the dependent that they want to be added to the case, and a copy of the relevant pages of the AAPM (since the asylum offices often seem not to know what they are doing when it comes to adding dependents). Other documents may be needed as well, depending on the case, but that is how we do it. Take care, Jason
Hi, Jason.
I have strange situation. I filed I-589 application in June and sent it to Irving TX (immigration center) I got return usps confirmation that it was received by center. But since then I didn’t received the receipt and biometric invitation that they should have sent me that they registered my asylum case. Now my 1 year deadline will be over in a week and I’m lost what to do, file another I-589 (as far as I understand if I do this my waiting time for applying for work permit will be again 150 days) or just keep waiting…
Receipts are sometimes delayed this long, so it is possible that the case was accepted. You can email your local asylum office with your name and the date it was received and you can ask them whether USCIS has it – sometimes this works. You can find their email if you follow the link under Resources called Asylum Office Locator. Sometimes you need to email more than once. If you do not hear back, you can try to send the application again or even apply online (check the I-589 instructions, available at http://www.uscis.gov). Take care, Jason
Dear Jason,
It has been 10 days that my lawyer is not responding to my emails. Before that he was good at responding. I have sent him couple of reminders (2-3 days in between), her assistant replies that she has reminded him but still no response. I have paid his attorney fee upfront. I am in the middle of the process of filing my I-485 and have not filed my case yet. Is there anyway that I can dismiss the lawyer and ask for a refund? what are my options as I am really tired of waiting for a response from him.
Strange that he was responsive and now he is not. I guess if you cannot continue with him, you can email and request a refund. Among the rules that lawyers must follow, we are required to communicate with out clients, and if he is violating this rule (which he may be), he could get into trouble with the bar association. It may not be easy to get a refund, but if he has not done the work, you should be entitled to it – lawyers can only keep money for work that they have done. Take care, Jason
HI Jason ,
My interview is on coming Tuesday. I already Filled my i589 form & given to court .i need to update more information on it. can i update my information before interview or not . please let me know thank you.
As I discuss in the above article, it is better to provide written updates. You can do that in court or at the asylum office. You can also provide oral updates, but that is more time consuming and can aggravate the decision-maker. For court, you are normally supposed to submit evidence in advance of the hearing, but I suspect you will be ok to bring written updates on the day of the case. Take care, Jason
Jason, I understand that I need to bring all original documents to asylum interview, but do I need to to bring I 585 form along with all copies I have sent them when originally filed for asylum? Thank you
You mean the I-589? You do not need to bring that, as they have the original. In terms of originals, bring the passport, work permit, driver’s license, any original education or work documents, letters, photos, etc., etc. Basically, any original evidence that is relevant to the case. Take care, Jason
Thank you, Jason
Hi Jason,
Failure to update my new address within the requisite 30 day period could make me removable (deportable).
Q: USCIS if I just submitted an immigration case, listing my new address on the application forms?
A: Yes. You must still notify USCIS of the address change even if you just submitted some type of an immigration application or petition that actually shows your new address. This is because the address change records are apparently kept in a separate database, which is not automatically synchronizing with the USCIS “benefits adjudication” divisions.
I am a US citizen filed i-130 for my immediate relative outside the usa. My family’s case is at nvc stage. i have changed my old address. i have informed nvc change of address. Am i also required to inform USCIS my new address as well since my I-130 was previously approved?
I hope your reply
Thank you
I have never heard of a US having to continue updating USCIS about their address and although it is a requirement for noncitizens to update their address, I have never heard of anyone being deported for this reason (though I suppose it is possible under the law). If you are concerned, I guess there is no harm in updating your address, but in our cases, when we file an I-130 with the correct address, USCIS send the receipt to the address on the I-130, not to some old address in their database – at least I have never seen such a problem. Take care, Jason
Hi Jason,
Thank you for your quick reply. I have one last question.
I am a US citizen sponsoring my immediate relatives.
I have currently changed my old address and informed the USPS change of address.
The NVC have my old address on file. I submitted affidavit of support i-864 to NVC with my new address. May I know if I am also required to report change of address by using the form i-865, sponsor’s notice of change of address since I have already submitted the I-864 with my new address.
Thank you for your continued assistance.
I look forward to seeing your reply
Many thanks
I believe the purpose of the I-865 is to update your address if you move – I would double check that form, but it seems to me that if the I-864 has your current address, you do not need to update it. Take care, Jason
Hi Jason,
I am a naturalized USA Citizen. I am sporing for my family member. I am filing CHANGE OF ADDRESS the online form AR-11. I have a question regarding the online AR-11 form. Below is my question.
What can i write my country of origin or United Sates of America.
Country of current Citizenship:____________________ _
In the US as a____________________ _
Permanent Resident
Other
Visitor
Student
If you are a US citizen, you would need to write that. I guess for the category, you would have to put “other” if US citizen is not an option. Take care, Jason
Hello Jason, I have been follow the thread and I wanted to hop on to ask a very crucial question, I filed an asylum through legal assistant last week, and I noticed there is a spelling error in my first name on the form i859 and I don’t know what to do, and I have received a biometric schedule and there is AIW in the third page where I am supposed to fill out, should I write my correct name on that and what are the way to change this error, thanks.
Unfortunately, this is going to lead to a series of problems if you cannot fix it. For example, your work permit will also have an incorrect spelling. If you have a receipt, I believe the receipt asks whether all the info listed (your name and address) is correct, and so you might read the receipt carefully to see whether it explains how to fix an error. I imagine this will be easier if you filed online, but see what the receipt says. In terms of your question, I think you will have to fill your name correctly, and when you get to the appointment, if they notice, you will have to explain. I think they should take the fingerprints anyway, as that is their job and they cannot correct the spelling error at the fingerprint appointment. If all else fails in terms of correcting the spelling, you can email your local asylum office to see whether they can assist. You can find their email if you follow the link under Resources called Asylum Office Locator, but I would start by seeing if the receipt itself provides guidance. Take care, Jason
Hi Jason,
Currently the NVC don’t reopen ds-260 for correction. You can change the mistakes during your consular interview.
In that case, i have changed my address and want to inform the NVC regarding the ds-260 application. may i know if i am required to file change of address with the nvc related to ds-260? do i have to change address during the consular interview.
Thank you for your time and help.
I look forward to seeing your reply.
Thanks
I have not had to do that and so I am not sure – If you check the link under Resources called I-730 Family Reunification Manual, it may cover that point. Take care, Jason
Hi Jason
Thanks these informative post and even replying to some of the negative comments that come on your blog.
I wanted to ask you a question just to clarify.
1. I came here in 2016 and filed for asylum in 2017 = very early months. Nothing really changed except we first worked after we received our work authorisation in 2017. – Does USCIS need to know the update to this.
2. In 2020, I was blessed with a baby girl she is my second child – Do I need to update USCIS On this?
3. I stopped working during the pandemic – Do I need to inform it ?
4. Also will be sending you an email to see if you are taking any new cases?
5. Do you know sources where pending applications for asylum like us can apply for small business loan and will be approved to start something new in life?
Thank you as always !
1-3 – When you have your asylum interview, you need to update your employment history and your family history. 4 – We are taking cases and so if you email me, we can set up a consultation. 5 – I do not know about that, but I believe most states have small business development offices. Maybe you can find one in your state and see if they have any ideas. Take care, Jason
Hi Jason,
My asylum was approved, and now I have asylee status. Can I directly apply for US citizenship while holding asylum status without having a green card? If I spent 5 years with asylum status?
Regards,
You cannot – you must be physically present in the US for one year after winning asylum, and then you can apply for a GC. Once you have the GC (usually a long process), the card will be back-dated on year and you can apply for US citizenship 5 years after the date on the card. In other words, the only credit you get is that the GC is back-dated on year. Take care, Jason
Good afternoon Jason,
Hope you are well.
I have sent you an email as well.
I’m applying for adjustment of status. I have the following questions.
– Page 4, section 5.a, My wife is a dependent in my asylum case. Is she a Derivative Applicant or Principal Applicant for her i485?
– My wife also has two I94. I wrote the details of the one issued at the port of entry in the required field on page 3. I provided details of the one issued by USCIS after grant of asylum on page 18 of the application. However the number for the I94 issued by USCIS after grant of asylum is the exact same number as my I94. Is that ok?
Thanks,
Jawid
Please note that while I can answer questions here, I cannot answer questions by email. If your wife is filing an I-485 for her GC, she is the principal applicant. In terms of the I-94, I would not worry about it – you included all the info, and so it should be fine. Take care, Jason
Hi Jason
Thank you very much for your worthy articles and your suggestions for asylum community. As per my question, my decision is pending in AO since 2019 in Chicago jurisdiction and now I have to relocate to NJ for my new job. I would like to know about the consequences of my case after I move to NJ? Can I keep my present address or need to change after I move? Please provide suggestions any other relevant suggestions.
If you move, you need to change your address using form AR-11, available at http://www.uscis.gov. This should have no effect on the case and Chicago should still issue the decision. The only exception would be if a second interview is needed. If that happens, NJ would conduct the interview. Take care, Jason
My Individual hearing has been scheduled for 01/10/2023 at 03:00 PM
The immigration court closes at 04:30 PM that day
Is it common to have such a short window of time to present the case and evidence?
How long is a regular individual hearing on average
That is pretty common, and so I do not think it is a worry. Also, just because the court closes early, the judge could stay longer than 4:30 to compete the case – this is also common, depending on the judge. Take care, Jason
Hello,
My IH at court was in april-22, It lasts only 35 mins ,Then I granted asylum, So don’t worry and good lick
Hi Jason.
I applied for form I-131. I used credit card. This is my first time. It has been a week. I was wondering if you used credit cards before and if so how long do they usually take before they withdraw the money.
Thanks.
We rarely do that, and so I am not sure. However, many receipts are arriving slowly (2 or 3 months) and so maybe the money will not be taken until they actually process the case and issue the receipt. Take care, Jason
Jason, you mentioned that your client filed in 2015, may I ask if it was expedited interview or regular one, and 2015 finally got called?
I myself applied in 2015 and still nothing (Arlington office)
I think that one was an expedite, but I also have a client (from Afghanistan) who filed in 2016 and she just got scheduled for an interview. We did not expedite that case, so it was just the asylum office choosing to interview her. How she was chosen, I do not know, but they are generally prioritizing Afghans,so maybe that is the reason. Take care Jason
Interesting data point 🙂 .
May I ask, is it from Arlington office ? and have you observed similar prioritization for Ukrainian cases ?
In Arlington, yes. Ukrainian cases do not receive priority for asylum interviews. Take care, Jason
Interesting.
Thanks 🙂
Hi,
Today I went with my wife to the infopass appointment after granted asylum in IC last April.
Immigration officer gave as a white card and she told me I can work with it and its not expired but when I reached home I found that she made a mistake about my citizenship she wrote ( the country I was born in) not my real citizenship an both are different ( I was born in UAE and my citizenship is ( Palestinian ) and she did the same with my wife ?
Is this a big mistake will affect my GC or I can skip it because its only for work ?
Thanks
I think this should not matter, as the I-94 indicates your current status. However, since this document can be used to verify your work eligibility, the mistake may require explanation to an employer (so they know it is really you). If you have a new EAD (based on a category a-5), the error may not matter, since you can use the EAD for all purposes. If not, maybe you want to make another InfoPass appointment to see if they can fix the card. Take care, Jason
Can I apply for EAD (based on a category a-5), after I got I-94 ?
Thanks for your time
Assuming you have been granted asylum, you can apply for an a-5 EAD. The first one is free and comes automatically if you win at the asylum office. If you win in court, you have to google “post order instructions in immigration court” and follow those – you should get the EAD. If not, you can always file the I-765 form. Take care, Jason
Dear Jason,
I thank you for all you do for us,may God bless you.
Please I have a question,my wife and daughter have been to the embassy in my country a couple of times but were refused the visitors visa. Last year we tried making another trial so they could attend my graduation from the College but there was no availability till January this year which was later cancelled by the embassy for a later date this year.
Someone had tried to invite them twice and my Church at the last time,I still waiting for my decision after an interview.
Now I want to know if I could say I am the one inviting them,since they knew I am here? I really need to see my family.
Thank you.
You can try to invite them, but given the prior denials, it seems likely that their applications will be denied again. Maybe you want to talk to a lawyer with experience with non-immigrant visas to see if you can get some help. Also, depending on your own status, maybe you can travel to meet them somewhere using Advance Parole – I wrote about that on September 11, 2017. Take care, Jason
Hi Jason,
Thank you for your informative blog and i appreciate your support . I am filing I-131 travel documents application and I have the following questions :
1. there is a question about travel date , and Since I’m not sure how long the processing time will take i can not plan and provide any dates if the receiving time is unknown . Can i just simply write TBD or not to provide any dates ?
2. what does class of admission means in the form ? is it the first time that i came and admitted to the US as a ( F1 or visitor )? or it means if I got approved and admitted as an asylee?
Thank you Jason
1 – It may depend on the type of travel document you are seeking (AP, RTD, something else), but we list a date or dates. Normally, I make the date at least 6 months away, so there is (hopefully) time for USCIS to process the case. If the date is too soon, and USCIS has not completed processing the case, you could receive a Request for Evidence about whether you still need to travel. You could also get a travel document that is only valid until a few days after the proposed travel date, which may result in very little time to travel. This is an issue for AP, but not for the RTD, which is valid for one year. 2 – The last time you were outside the US and entered the US. You also need to provide evidence about your current status in the US (asylum, asylum pending, etc). Take care, Jason
Hi Jason, hope you have a great day!
I have a question, I am sure someone already asked you that and you provided an answer but I can’t find it 🙁
I have an expired passport while still waiting for my asylum interview. Do you know if there is some sort of “temporary passport” I can obtain or at least read about if it’s an option for me to travel with advance parole?
Thank you in advance
May I ask, as an asylum seeker, why do you need to travel internationally ?…
First of all, international travel may carry the risk of extradition, when you apply for a visa, or go through that country’s custom, if you provide your information to a country’s government, and that country’s government share your information with your country of origin…don’t you worry that you might be extradited from that country ?
Second of all, I think in this blog, transnational repression has been discussed. If you travel, don’t you worry your country of origin’s government might send agents to abduct you ?
Unfortunately, there is not. You would need to renew your passport, which could have negative implications for your asylum case and then use the passport + Advance Parole to travel. AP is not a passport, it is just a piece of paper that works like a visa. To travel, you also need a valid passport, which can be a big problem for asylum seekers. Take care, Jason
So Jason, how do asylum seekers travel with AP if they must have a passport for traveling?? An asylum seeker cannot travel abroad with a travel document or something?
They use a passport and accept that this could have a negative consequence on their asylum case. Of course, it depends on the case, and usually there is no effect, but it is possible that using the passport will cause problems for a case, especially where the applicant fears harm from the home government. Take care, Jason
I see, so can’t asylum seekers use RTD to travel abroad instead of using their passsports?
Unfortunately, for asylum seekers, the only option is Advance Parole. There was a recent internal report recommending that the AP process be made easier, at least for some USCIS applicants. I hope that will happen and I hope it will cover asylum seekers. Take care, Jason
Hi Jason,
My asylum case was approved after almost six years. For five years, I waited for the interview and ten months for the decision. Now, am I eligible for any credit for applying for Green Card or citizenship? Does The time I spent for asylum approval count towards citizenship, or do I have to wait five years to apply for citizenship? Some people get asylum approval in six months mine took six years which was not my fault. I want to know if the time for citizenship application is shorter for me than five years because I have already spent six years waiting for my asylum process.
Regards,
Unfortunately, you get no credit for the time you waited. However, all asylees who apply for a GC get the GC back-dated one year, and so instead of waiting 5 years to apply for citizenship, you “only” wait 4 years (and sometimes USCIS screws this up and GCs are not back dated, but they are supposed to be). Take care, Jason
Hi M, do you mind if I ask how you get interview? Did you expedite your case?
@M
Why you complaining??? Granted Asylum is a privilege not your right! If you didn’t like the wait you can go back to your country and stop crying here! You should be thankful that USCIS gave you asylum not whining that you been waiting for years! You can go back to your country if you do not like the wait! People like you are ungrateful after the US gave you the right to remain here
Actually, asylum is a right under US and international law (at least a person has the right to apply for asylum). Also under US law, if a person takes on a duty to rescue (which our country has), it has the responsibility to perform that duty competently, meaning in the case of asylum, that it should not leave people in limbo for years. If our country does not wish to offer asylum, we can change the law, but until then, we should have a functional system, not the mess that we currently have. Take care, Jason
Asylum granted,
M, and any other asylum seeker, is right to complain as much as he/she can about this ridiculous waiting time. If it is normal for you to grant asylum after 7 years of waiting then saying THANK YOU to USCIS with a sheepish smile, this means you are a looser. This means you don’t respect and recognize your time given to you through your life to spend in a more reasonable thing than waiting to grant asylum.
Additionally, don’t be or behave like a fucking racist telling people “go back to your country”. Looser!
I appreciated, if anyone could share his/her experience/ timeline/info of receipt (by email or physical mail) of NVC welcome letter including cases numbers,fee invoices and invoices numbers of USCIS approved immediate family petition I-730 based on asylum approved case, which pending for 450 days at NVC till today,since USCIS sent it to the NVC for visa processing.
The process is very slow and so this is not a surprise. However, you may want to contact the NVC to follow up – they have an online form that you can find here: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html. Take care, Jason
Does anyone know how long does it take to have your dependents added to the case, after you filed? I filed an original application back in 2015 and obviously my marriage status has changed since then. I mailed a letter asking to add my dependents to my case to Texas Service Center in January 2022, and then to Houston Asylum Office in April 2022. But I didn’t get any reply from neither of them. I also email the asylum office every couple of weeks and all they say that the request is pending. Why does it take so long to add them…
It is a real difficulty to add a spouse to an existing case – you can find the procedure on page 46 of the asylum officer manual (https://www.uscis.gov/sites/default/files/document/guides/AAPM-2016.pdf). If you followed that and did not have luck, you will need to contact the local office – the best way is by email and you can find their email if you follow the link under Resources called Asylum Office Locator. Keep a copy of everything you mail to anyway, as you may need that later. The process should be simple, but the TSC routinely screws it up and so it can often take 6 months before the dependent is added and everything is sorted out. Take care, Jason
Hi Jason and hi to everyone here
I have one question
I applied for I-485,basse asylum
I check online status and show RFE
Today I receive notice from USCIS
and RFE is for Medical exam
What do you think or someone know,
after I send the medical exam to USCIC,
how long should I wait for a decision?
In my case it took 6 weeks after I submitted the medical report to get my green card….Hopefully you may get yours soon too….
@ Hani
Appreciate it, if you could share us your timeline?
My situation was perhaps different…When I submitted my application to register as PR it was put on hold because of the material support provisions of INA for 6 years and 3 months. Once the hold was removed I was asked to submit the medical report and it took approximately 6 weeks after submitting the medical report to get my green card …
Dear A.S
Have you submitted ur medical report when you filed your i589 application?
Do you mind sharing your timeline when did u apply?
A medical exam is only needed for the I-485, but I think that is what you meant. Take care, Jason
In most (but not all) cases, once you submit the medical exam, you will likely have a decision within a few weeks or a month or two. Take care, Jason
Hey Jason and members , thanks GOD my asylum based green card has been approved. I have been on this forum for more than 6 years . I just want to thank you for everything and wish good luck to those who are waiting. Texas service center
Thank you for letting us know and Congratulations! Take care, Jason
@Raise86
Congratulations.
Do you mind sharing your time with the Texas Service Center?
Hello Jason,
I applied for work permit in March 11th, but it was sent back in March 17th due to missing pages 6 and 7 (which I did not include because they had no information that I was supposed to fill and that’s how I previously send them). Unfortunately I just saw the package, someone pick up the envelope and did not inform me or give to me. I wrote a letter to USCIS in June requesting for a notification for that application that I sent in March but they never responded to me
My question is should I add the missing pages on the same application including the same check and send it back? I’m afraid they might think that I did not take it seriously since it’s been almost 4 months.
Or should I wrote a letter or a memo explaining why it took me this long to send back the application and attach the one I wrote in June asking for the notice of receipt?
Thank you
I think you can re-send the old form with the missing pages (double check the I-765 page at http://www.uscis.gov to be sure they still accept the version of the form you completed). A letter of explanation is a good idea. Also, keep a copy of everything you send in case you need that later (for example, the rejected I-765 form should have a date stamp from USCIS). Take care, Jason
Hi Jason, first I want to thank you for all you have done and your support, do you know any low cost lawyer for writ of mandamus? I am really tired of waiting for years in limbo, I will appreciate if you can help me, thanks in advance.
I do not know anyone like that, sorry. You consider filing it yourself – maybe you can find a model case online. I did a post about how to find a free lawyer on September 22, 2016, but I doubt those lawyers can assist with a mandamus. Take care, Jason
Hay Nicki, I am planning to file Mandamus myself, the cost of lawyer is too much.
Dear Jason
I live in seatle WA im one the evacuee from Afghanistan that arrived on September 2021, alot of my family who lives in VA applied for asylum received their receipt and completed their interview in 20 days maximum! As you know these new evacuee from Afghanistan are prioritized and expedited!
But its been over a month since i applied for asylum and i have not received any receipt or confirmation im worring what to do? Because in two month my one year bar would complete ! Do i still wait or apply again for asylum or is there anyway i can contact to know whether they received my application? Why its taking so long? But in when tracking USPS It shows my application has been delivered but no update so far? Your suggestion please
We are seeing very mixed results with new Afghan cases – we filed 6 or 7 cases since the new expedite rule went into effect. Only 1 received an interview within 45 days (and that was mostly because the asylum office mistakenly thought we filed the case 2 months earlier than it had actually been filed). Two other cases are scheduled for interviews this week, and in the remaining cases, we have not yet received the receipts, even though they were filed maybe 2 months ago. So I would not worry too much about this. If you mailed it, it is considered filed within the 1 year period and you are safe. You should get the receipt soon. Also, make sure you are ready for the interview, as they will likely schedule that at some point, and when they do, they will give you little warning (and they may ask you to email them a scanned copy of all the documents you filed, since they sometimes do not seem to have it). Take care, Jason
Hi Jason
I want to ask if someone applies asylum nowadays in VA how much time it takes to get an interview.
It is totally unpredictable. It could take a few months, but for most people, they fall into the backlog and when they will get an interview, no one knows. I have clients waiting since 2015 for their interview. Others who have been filed recently have already been interviewed. So you have to be ready for the interview in case you get it, and you also have to be prepared to wait for a long time, which is what happens to most people. Take care, Jason
Hi Jason
I am waiting for decision after my asylum interview since 2018, and AO approved my case, waiting for supervisor decision since 2020. Do you think sending additional evidence could speed up decision from supervisor or make it worse?
Best regards
I would not do that unless they ask for something. You can make an inquiry about the status of the case – I wrote about that on March 30, 2022 if you are interested. Take care, Jason
Hi Jason
I hope you are doing well
I got my green card today
Applied : sep 2015
Approved : sep 2018
Applied i 485 : aug 2020
Green card : July 2022
Congratulations (finally)! And thank you for sharing the time frame. Take care, Jason
Dear Jason,
I have a question, i have been waiting for a year now since i applied for my Green card base on asylum where alot of my friend used to their in one years 4 or 3 years a go. but when i check the processing time it says that 48 month ( mine is NBC)
for God sake how many more years do i have to wait for just f**** GR i already waited 7 years away from family and expedited they rejected every time i sent them…..
excuse my words im so frusterated on USCIS… where im granted asylum and i paid all fees at least they should issue green card for people who are granted asylum..
It is a total disgrace that they are doing the cases so slowly. The only thing I can say is that the time frame seems to be slowly improving. Our most recent GC cases based on asylum took under 2 years, so I guess that is an improvement. You can travel outside the US with a Refugee Travel Document (form I-131, available at http://www.uscis.gov), so maybe if you have that, it will help (plus, you can use the I-485 receipt to “pay” for the I-131, so this should not cost any additional money). Take care, Jason
Eli, I am in the same boat. I have been waiting for almost a year at NBC. I called and they told me my case is in Louisiana Office their processing time is 44 months. Geeez!
Hi Jason,
A friend of mine completed the I-589 a couple ago and answered the Firm Resettlement question in the negative, even though he was provided a kind of permanent residence in Botswana around 8 years ago. He is originally from a 3rd country, he now wants to answer the question in the affirmative but also thinking that the Asylum office may not find out that he was provided a permit since it was many years ago. I am advising him to amend his I-589 , what do you think?
I think he should amend it. If not, they may know (or may found out) and that would most likely cause his case to be denied. They often know more than people think they know. If he tells them, he will need to explain that issue, since his case will also be denied if the asylum office concludes that he was firmly resettled. This can be a tricky legal concept – he should definitely talk to a lawyer about it. Take care, Jason
Hi Jason,
My family has been granted asylum-based LPR status recently. We are planning to go to Canada to visit families and friends. Is GC a sufficient document to return back to the US? If not, what other documents do we need? My 9-month Us-born baby girl is traveling with us too. She doesn’t have a passport yet. Is a US-issued birth certificate sufficient for her travels?
Thank you for your help,
AK
It is best to have a Refugee Travel Document – you can get those using form I-131, available at http://www.uscis.gov. Otherwise, you need to use your passports, which may be a problem – I wrote about that issue on May 25, 2022. In terms of re-entering the US, you can use the GC. For your new child, I do not know that a birth certificate is enough. It is much better for her to have a passport, which you may be able to get on an expedited basis if you have evidence that you need to travel soon – the US passport office or the US post office should be able to assist with that. Take care, Jason
Depends on the mode of transportation, I traveled to Canada Last Year.
We drove to Vancouver, while entering i showed them my Country Passport and a GC.
While returning back to US, i showed them my GC.
– No other document were required.
– Birth Certificated may work for flights, not sure if that will be accepted at the border as ID.
Good Luck
That is very interesting. But why didn’t the AO ask me anything during the second interview? Does it mean she knew everything about me? I changed job, got kids since I was interviewed but she didn’t even touch or review my form I-589. Maybe they are ready to either grant or refer . Anyway, I have been ready for any outcome
Probably, she just did not bother since they already updated the form at the first interview. I imagine if they want updated info from you for the form, they will ask you. Take care, Jason
Jason, if the application is pending for Decision for years, do we have to update the Asylum office in that case too?
Thanks
You have to update your mailing address using form AR-11, available at http://www.uscis.gov. Otherwise, you do not need to provide additional updates unless they request that (which they rarely do). Take care, Jason
Hi Jason, thank you for the article. This is super helpful.
I’ve been waiting for my interview since 2015, and definitely wouldn’t have thought about it myself, and it makes total sense. Thanks again for sharing your knowledge and tips with us, your blog is always so insightful!
Naya
Thank you for the kind words. Take care, Jason
Hi Jason :
I am an adjustment Of Status Applicant I-485 with an approved I-130 Petition by US citizen spouse and filed I-765 & I-131 as well, have already received three receipt confirmations for I-485, I-765 & I-131 from NBC.
Today got one letter from NBC saying the previous Biometric has been used at this time and Two letters from DOS ( one in my name and other my spouse US citizen name) saying the NVC has received my approved petition from USCIS and would be working on it schedule an interview for my Greencard at Embassy/ Consulate.
My question is this kind of new thing or it a mistake asking me to schedule interview overseas ?
The DOS letter is probably related to the I-130 – maybe your spouse checked the box indicating that you will do the interview overseas (I think it is question 61 or 62). If you have the I-485 receipt, I do not think it will matter, since that form indicates that you are processing the case inside the US. However, you may want to try to contact the NVC to let them know that you will process the case here (assuming you are eligible to do that). Take care, Jason