Back in 2019, the Trump Administration ended the long-standing practice of releasing data about our nation’s Asylum Offices. The Biden Administration has not seemed particularly eager to restore transparency, but now, a year and a half after President Biden took office, we finally have some new data from the Asylum Division. Mind you, the data is only current as of December 31, 2021, but we are told more information will be released soon. Since “soon” in asylum world tends to mean “not any time soon,” I’ve decided to write about the information we have now, rather than wait for a second data dump, which may or may not be released in the near future.
The new data gives us a lot to discuss and sheds some light on why cases are moving so slowly. It also raises questions about how the asylum system is working–or not working.
Let’s start with the basics. As of December 31, 2021, there were 438,500 asylum cases pending in the U.S. During the last quarter of 2021, the backlog had been growing by about 8,000 cases per month, meaning that if this trend continued through 2022, the backlog would currently stand at about 486,500 cases (remember – that is cases, not people, since some cases have a principal applicant + one or more dependents).
As we already know, many applicants have been waiting for five, six, seven or more years for their interview. Based on the new data we have, it seems that many people are either giving up and leaving the United States or finding alternative paths for relief. Of all completed cases during the last quarter of 2021, more than 31% were “Administratively Closed,” meaning that the Asylum Office did not have jurisdiction over the case. This happens when a person leaves the U.S., finds alternative relief or simply fails to appear for an interview (the data does not provide a breakdown of each possibility). While we do not know for certain what happened in these cases, the fact that nearly one third of all completions ended in Administrative Closure makes me think that many people have given up due to the interminable waits.
In terms of who is seeking asylum, the number one source country by far is Venezuela. During the last quarter of 2021, a full 24% of all new asylum cases were filed by Venezuelans. The second most common source country was Cuba (13%), followed by Guatemala (8%), Colombia (7%), Haiti (6%), Honduras (5%), El Salvador (5%), Mexico (4%), and China (3%).
Probably the most interesting piece of data for most people are asylum grant rates at each individual office. I have cautioned before about the value of this data, since many factors affect a particular office’s grant rate. As one example, certain countries have low asylum grant rates. If a particular Asylum Office has many applicants from those countries, it may cause that office to have a lower overall approval rate. But if you are from a different country, that Asylum Office’s low grant rate many be irrelevant to your case.
Also, regarding the new data, we are missing a key piece of information. In previously-released statistics, we had information about cases denied due to the one-year filing deadline and so we could factor those cases out when calculating the overall asylum grant rate. For the new data, we do not have this information and thus it is more difficult to get a sense of overall denial rates for applicants who filed their cases on time.
With these caveats out of the way, below is a chart listing each Asylum Office and the percent of cases approved during the period October 2021 to December 2021. I have only included cases where a decision was reached (meaning that I did not include data where the application was abandoned or withdrawn). For comparison, I’ve also listed the approval rate for these offices for cases filed between April and September 2015 (offices marked “n/a” did not exist in 2015). The row entitled “Completion to Filing Ratio” is discussed below. 
A number of data points stand out, at least for me. First, across the board, grant rates are lower today than they were in 2015. Why this should be, I do not know, but there are several possibilities. The source countries for asylum seekers has shifted over time, and so perhaps asylum seekers from the predominant countries have a more difficult time winning than the people from 2015. Also, the Trump Administration modified laws and regulations, shifted the focus to fraud, and (seemingly) hired officer who were more skeptical of asylum applicants. These changes could also play a role in the lower approval rates.
A second point that stands out is the wide disparities between the various Asylum Offices. Of course, this is nothing new, and in fact, the spread between the “best” and “worst” Asylum Offices has narrowed a bit since 2015. Nevertheless, the differences are still stark (and despite my caveat above, it does not seem that different source countries can account for the disparate approval rates).
Third, I wonder what is going on in New York City with its 7.4% approval rate. Are you kidding me? New York is not the only office with a surprisingly low grant rate, but even the next lowest-approving office (Boston) grants cases nearly twice as often as NYC. It seems to me that something is not right in the Big Apple. Perhaps headquarters should investigate why this office is such an outlier, and then take corrective action if needed.
One final issue that I want to discuss is delay. The new report gives some indication about why cases are moving so slowly. The most obvious is that many new cases (over 10,000) are being filed each month. In addition, the Asylum Division must prioritize credible and reasonable fear interviews, which are initial evaluations of asylum eligibility that occur at the border. Nearly 7,000 such cases are processed each month. An interesting chart (on page 1) gives the “Completion to Filing Ratio,” which indicates how many cases are completed at each office compared to how many new cases are filed. Perhaps this chart gives some idea about the likelihood of a new case being interviewed at any given office (since the bigger the number, the greater percentage of new cases are–probably–being interviewed). Finally, it is interesting (and depressing) to note that if there are 700+ Asylum Officers, and they interview about 2,200 applicants per month, each individual officer conducts about 3 interviews per month! Granted, they have other responsibilities (chiefly, credible and reasonable fear interviews), but at that rate, it will be difficult to make a dent in the backlog.
There is more we could glean from this data, but that’s enough for now. Maybe we can revisit these numbers once the Asylum Division releases more up-to-date statistics, and hopefully, we will get some better news next time.
[…] Bethpage, NY) has the lowest approval rate of any Asylum Office in the United States. According to data from 2021, the asylum approval rate in NY was 7.4%. That’s nearly half the approval rate of […]
[…] has been written about the inconsistent and unpredictable decision-making at our nation’s Asylum Offices and Immigration Courts. And while it is true that the officer or judge who decides the case makes a […]
I heard it’s impossible to win your asylum case without a lawer/attorney(don’t know how to call it right here).How much does it cost to hire an attorney in the US so to have higher chances to get asylum? From lowest to highest price please, I need to understand if I can afford it or can’t
I heard it’s impossible to win your asylum case without a lawer/attorney(don’t know how to call it right here).How much does it cost to hire an attorney in the US so to have higher chances to get asylum? From lowest to highest price please, I need to understand if I can afford it or can’t
I heard it’s impossible to win a court for getting asylum without a lawer/attorney(don’t know how to call it right in this case). How usually much does it cost to hire an attorney for your asylum case? from lowest price to highter? So to understand if I can afford it or not
Statistically, people with lawyers are more likely to win, but it is certainly possible to win asylum without a lawyer. I wrote about this on July 7, 2016. I wrote about the costs of a lawyer on March 2, 2016, but costs have gone up since then. I think we are kind-of average for fees, and we now charge $8500 for a court case. Take care, Jason
I filed asylum in 2015. Last year, during asylum interview, attorney told me his decision that i can work and stay in US.
What are the chances of getting green card in my case in the future.
Sorry, I do not understand the question. Let me know what you mean. Take care, Jason
Hi, may I ask please you couple questions please. 1. If I go through the US Mexican border and give them the name and the adress of my guarantor, can I change the place after? For example my guarantor lives in Texas not the best states to get your asylum approved but I want to go to California, if I can what should I do? and can they reject my request? Or I just can go to Caly freely and after let them know I live now in California? 2. If I go through the US Mexican border then I don’t have an interview with the asylum officer, it will be only court, right? Or anyway all people who ask for asylum firstly should get an interview witn the asylum officer? Thank you.
1 – Once a person is in the US, they can move to a new location.If you have a court case or an asylum office case, you have to inform the court or asylum office about your new address. 2 – Most people who ask for asylum at the border end up in Immigration Court, assuming that they do not get rejected and turned away immediately. Some people are having their asylum cases decided by an asylum officer. This is a relatively new process, though, and for now, I think most people who do not get turned away go to court. Take care, Jason
what is the maximum the backlog wait times can reach almost 6 years now, can it reach 15 plus years if yes, I would have to think about the family.
Unfortunately, there is no maximum. You can try to expedite – I wrote about that on March 23, 2022. Take care, Jason
Dear Jason,
I have pending asylum case since 2015. I was scheduled interview in 2020, but I wasnt able to go for the interview as I had covid at that time. I requested to reschedule my interview. However, I havent heard anything since then. My online status shows that “Interview is being rescheduled”. I have a couple questions.
1. I applied for my EAD extention last year, but no update as of now. It’s still within the inquiry processing period, but should I worry for my EAD as I had rescheduled my interview? Or no effect? This EAD is first renewal after the reschedule.
2. I would like to schedule my interview as soon as possible, should I request expedite same way as others who havent received first interview invitation or I can simply ask to reschedule without any significant evidence such as health/financial problem etc,,, since I had scheduled once.
Thank you so much.
1 – If you already had a first EAD, delaying the interview would have no effect. EAD renewals are slow, and there is an automatic 540-day extension to the old card if you filed to renew before it expired (I wrote about that on May 25, 2022). 2 – I would email them and ask to reschedule – rescheduled interviews are supposed to be their first priority. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
My mother the head of our family under UNHCR Case P1 (Priority One) when she completed the USRAP Process, and was about to fly to USA, later on the RSC (Resettlement Support Center) Africa decided to give her own RSC Case number to her son-in-law without being informed and without her written and signed consent. Her son-in-law his case was denied and she remained with him because of the sharing RSC Case Number.
Her case was denied, and was told your case is considered closed and USCIS will take no further action.
My mother lost her USRAP case because of son-in-law.
May i know if the USCIS law permits my mother’s RSC Case number to be given to her son-in-law and share one case number with my mother.?
May i know what options are available for my mother’s case? Who can assist her for file separation.
I look forward to your reply.
Thank you.
This is not something I know about, as I am mostly doing asylum for people who are already in the US. I think you will need to find an immigration lawyer to help. There are some non-profits that are assisting with such cases – maybe contact a local non-profit to see if they can refer you. I did a post on September 22, 2016 with a link to non-profits by state. Take care, Jason
Hi Jason,
I am a US citizen, i filed petition for my immediate relative outside the USA and the I-130 has been approved. it is at National Visa Center (NVC) stage and submitted all the required documents to NVC and the NVC is processing the documents. I have changed my address and informed the NVC change of address using public inquiry form. May i know if i am required to update my new address to uscis since they already approved the i-130 petition and it is at NVC step.
I look forward to hearing from you.
Thank you.
In general, a US citizen is not required to update their address with USCIS, and if you have nothing pending there, I do not see why you would need to do that. Take care, Jason
Hi Jason,
I’m working to fill Form N-400 to become a US citizen and of the question is **Have you ever been arrested, cited, or detained by any law enforcement officer for any reason? Yes or No
I remember that I answered yes on green card application under Asylum approval.
So what should I do in this case? And what evidence to provide?
Thanks
You should keep the answers consistent and explain (in the cover letter) what happened with the arrest. You should also submit whatever documentation you have about the arrest, and if it was in the US, you should submit the “disposition” (final outcome) of the case. Also, you should probably talk to a lawyer if you have any concerns that these arrests make you ineligible for citizenship or might make you deportable. Take care, Jason
Hi everyone
Please help 🙏. How do I get to speak to a human being at uscis. My GC has been pending for 3 year now almost 4. I sent my RFE since March 2022 ( medical) I haven’t heard back. The automated system is now so rude that when you request a representative or insist you don’t have a receipt number, it drops. Please help on how to reach to someone 🙏
Maybe say that you want an “Info Pass appointment.” Sometimes, that can get you to a person. Also, you can make an online inquiry – follow the link under Resources that says USCIS Help. Asylum-based GCs are very slow, and so if you filed at the Texas Service Center, I think your case is probably still within the “normal” processing time. In any event, it is a long wait and it does not hurt to inquire. Take care, Jason
Thank you for your response Jason. I will definitely try this out.
Last night I decided to check the processing time for the forms I submitted 3 months ago. So 3 month ago, it showed that TPS was taking 12 months to process. AP was taking 9-12 months. I checked again last night, and TPS is taking 15 months now and AP is 17 months in the dump called Nebraska SC. How is it possible and acceptable. TPS is only valid for 18 months if it’s not extended later. I have no words.
Hopefully they will beat the processing times, as we do see that in many cases. However, I agree that this is ridiculous, especially given how much these all cost. Maybe the NSC is trying to be more like the TSC. Ugh. Take care, Jason
Jason,
I have some questions. I have a pending case but I have some new events, what is best? to send them to the asylum office or to keep them and bring them for the interview.
When I applied I was single and now I am married, can I add my wife to my application on the interview day?
According to the statistics, it looks like the New Orleans office has the best approval rate, do the approval rate depend on which office process your case?
We gather the evidence and submit it all at once about a week before the interview (in other words, after the interview is scheduled). Different offices have different rules, but most require you to submit evidence at least one week before the interview. We also bring an extra copy with us, in case they lose the new evidence (which they often do). It is not a good idea to submit a piece of evidence now, and another piece later, as that will almost certainly get lost. In terms of the marriage, there is a process for adding your spouse to the case and you can start that once you are married. You have to email the asylum office for info about that – you can find their email if you follow the link under Resources called Asylum Office Locator. For the approval rates, I provided a link above about why that is not very reliable, but rates do vary by office. I still tend to think that a good case will win most of the time, even if the office has a low approval rate. Take care, Jason
Jason,
Thank you for your response. I have to email my asylum office to tell them I am married and want to add my wife to my case? Are they going to ask to issue an SSN to her? Are they going to give her an EAD while my case is still pending? Can you please be a little more specific about this situation? Thank you for everything you’re doing.
They should send you instructions about how to add her. It is too much to explain here. Also, it can be a long process, especially if you are required to file documents with the Texas Service Center. If the asylum office does not help you, you may want to talk to a lawyer to assist you. Take care, Jason
Hello
I granted my asylum through immigration court last April, And I went to the I-94 stamp appointment, Then I went to the social security office to replace my SS Card then I’ve received with restrictions again, only for work, When I called them they said it will be change only after receiving my green card ? Is that true ?
Thanks
I think that is wrong – we have clients get the unrestricted card once they win their asylum case. Maybe try again and if they refuse ask for a supervisor. Once you have asylum, you should be eligible for the unrestricted SS card. Take care, Jason
Dear Jason, Dear All, please did anyone who filed initial EAD between April and June receive initial EAD Approval recently? I filed my initial EAD in April as an ASAP member, and there has been no approval to date. Expedite request was also rejected without request for any evidence. I am essentially drowning here. I can’t provide for my family, we are basically living in penury. I was doing exceptionally well in my country of origin but had to flee with my family after a member of the family was kidnapped, and our only choice was staying and dying, or running away. We came here with valid US visas, thinking we would be safe but right now it appears that being killed, or detained without trial in my home country is a better alternative than dying of hunger in the “Land of the Free.” It is so so frustrating.
We have been seeing initial c-8 EADs take maybe 2 or 3 months (they are supposed to take 30 days). I suppose you can keep trying to expedite – I wrote more about that on January 29, 2020 and maybe that would help. The problem is that USCIS is a disaster zone and it is very hard to predict anything with them. Also, Trump-era changes to the c-8 EAD process have still not all been rescinded and my guess is that is contributing to the delay. Good luck, Jason
I submitted my initial work permit late May and it’s been pending since then. I submitted service request and contacted the e-mail USCIS has on their website but no action has been taken so far. I submitted an expediate request today and they said they will reach back to me in 7 days. It’s disappointing to hear that you submitted one month earlier than me and you still haven’t gotten your work document yet. Have you received it yet?
My case has been pending for 5 years now for a interview. My current employee is ready to do employe based GC application. I entered to US at 2016 with a tourist visa. Withing 6-7 months, I have applied for asylum. Since then, my case is waiting for a interview.
I am working with pending asylum ead. Since I do not have any other status, is it possible I can get a gc through my employer?
I have been told by a few attornies that as long as your visa status was valid when you filed for asylum and your asylum application was not frivolous, USCIS should approve/accept Employee based EB2/EB3 adjustment of status and I have seen some people successfully do it recently who have shared their success stories on this forum.
But USCIS is inconsistent in their decisions because some people had their AOS based on EB2/EB3 rejected while others had it approved. I think USCIS takes a look at your asylum case and determines there was no frivolous filing and approves employment based AOS on a case by case basis. You should try it since several people have already done it successfully.
Contact an attorney who has done such cases successfully previously. This is not Jason’s area of expertise.
Could you please email me attorney’s details?
nick85530@gmail.com
Thanks
why do you need attorney details??? Did you not say that your asylum was already approved?????
You are mixing me up with someone else I guess . Your help will be really appreciated . Thanks
Are you referring to my question? If yes, it’s not EB2 visa I was talking about. When I mention B2 visa I was referring to B1B2 visitors visa. AOS as an asylee
I would suggest highly against doing an employment-based GC. Because you will have to share a lot of person and private information to third parties. Which can be easily used against you. If they are not happy with you, they might inform ICE or your country of origin about your situation…Asylum seekers should not trust others that easily.
@ASYLUM SEEKER
STFU, you are a virus on this forum just like covid we will never get rid of you. Keep your bogus propaganda to yourself.
We can get rid of bacteria, viruses and every other disease but you are much worse than that. All you do is to spread misinformation and deception on this forum.
It is a shame that Jason has allowed a disease of misinformation and deception like yourself to fester on this forum. You have already caused so much damage by spreading misinformation on this forum.
There was a time I had some respect for JASON but not anymore since he has let this forum devolve into conspiracy and spy theories now. Anyways I don’t even visit this forum as much I used to. I don’t really care if anybody gets hurt by listening to continuous B.S here.
Best of Luck.
@employment – lmao 🤣 what are you smoking dude?! You losing it. Get it together and then get on forums
@ALI HASSAN
Don’t Listen to this EMPLOYMENT / ASYLUM SEEKER/ VIRUS guy
Ask your employer to start your perm process. you have nothing to loose in this. Employer pays for all expenses and fees anyways. Either your EB2/EB3 will get approved or rejected. Either way it wont hurt you in any way.
Also you can ask your employer to do PERM + I 140 petition and ask your personal immigration attorney to file for adjustment of status without revealing any information to employer.
Well
Thank you for your feedback
I agree with that. You can do with a personal one. I have no objection to that. But in the personal, it’s the asylum seeker who chooses the attorney, so it is the asylum seeker’s own will. Plus, there is client-attorney privilege so, some form of privacy guarantee. If you ask your employer to do that, the client-attorney privilege is only between the employer and their attorney…your privacy has zero protection…
It just amazes me, sometimes, that asylum seekers, refugees or sometimes undocumented say to a person they cannot fully trust that they are asylum seekers, refugees or undocumented aliens…like why do you say that, don’t you worry someone report you to ICE or your country of origin government…I believe transnational repression is discussed in this blog.
People who have nothing to hide have nothing to fear from any U.S govt agency……As far as home country government is concerned. I am sure the U.S is as safe a country as any and your whole conspiracy theories are just B.S at best.
Have a nice day, Bye 🙂
I am going to make money.
why da fuck would any person on pending affirmative asylum worry about ICE. What does ICE have to do with anything. Are you dumb or something or just pretending to be dumb???? Any person on affirmative asylum pending already has given all information to uscis.
Are USCIS and ICE not part of same DHS agency and do they not have the same information about you?????
Why would you be afraid of telling anybody that you are a genuine asylum seeker unless you have something to hide???????
To EMPLOYMENT
I got my GC recently via EB. Had pending asylum many years. So real case.
Yeah, despite the rule o public forums – do not trust !
I’d agree with OSCAR321 – uscis AOS approvals on such cases are inconsistent, but chances are pretty high. Just recently got update on one more approved eb-3 case.
My recommendation is to pursue GC via EB ! And just a few cents regarding sharing information within corporate attorney during gc process: I shared 0 information regarding my case! Only things strictly needed for perm/i-140/i485.
For sure, to support your case you could supply extra information, why you are eligible for AOS. But again, this is not confidential information.
Good luck
Well, first of all congratulations.
You might be one of the few lucky cases.
And also, the fact that, to do an EB green card, you have to share your information to a corporate attorney, who is not sought after by you, is a problem. I don’t want people to think it is normal, it isn’t. You are the one seeking a immigration benefit, you should be the one to choose your own attorney and frankly, the one to share your information with. May I ask, if u refuse the corporate attorney and want to find an outside counsel, are you still able to proceed with your case ?
You are lucky that this…conditional proceeding (you agreed to the corporate’s decision to retain the attorney, for you, and volunteered your information, and then as an exchange, they processed your case) didn’t turn out badly. But with your information, they really can do a lot about that, i.e. informing ICE about your newest whereabouts or share your immigration situation with your country of origin.
@Constantine
Hey Thanks a lot brother,
My only regret is that I did not apply for it earlier but even now I am confident my EB2 would get approved sooner. Thank you very much again for your kind and expert generous advice. Only If I knew to apply for it sooner before. Anyways lost time can not be obtained. We will see what happens.
OSCAR321
Sure, glad it help or give hope at least.
I spend many years in hope to meet someone within similar case, but almost in last month before filling i-485 I found “soul” who got lucky. It gave me literally wings.
It’s doable, just be ready to fight for that.
EMPLOYMENT
In my first employment, corporate layer was dump. He argued with me that AOS under pending asylum could not be done. I quit from that company. But recently send him “explanation” letter, how dump is he. Not sure he accepted that, but my due was to make him better in his job, LOL.
So, within current employer, corporate layers are knowledgable in straight GC process. I was fine with that and they too until we reached I-485 steps. Definitely I never hide my status (EAD renewal is under their guidance). Thus, they did one smart move – asked me to bring third party attorney/lawyer/expert, wha can handle future RFE, if any.
It did not requere from me to disclosure any details from my asylum case, except key dates: arriving, i-589 filling, past employments.
So, long story shorts…. after taking bunch of consultations we filled i-485 for without any supporting evidences. Again – nothing extra supplied within AOS form. We’ve got approval without RFE. Straight.
But, I had in a background two third party lawyers, who agreed to handle RFE regarding eligibility to adjust status.
Probably it’s lucky situation, but, again, I’m hearing that quite few other cases were approved like our one – without RFE.
Let me respond on this:
>May I ask, if u refuse the corporate attorney and want to find an outside counsel, are you still able to proceed with your case ?
It’s possible, but a bit complex. Form i-485 has information about attorney who handles case. as far as I understood,, there are two scenarios:
– your attorney signs i-485 and handles case, corporate attorney is no longer in charge.
– corporate attorney signs case, and your attorney provides consultations, with 0 responsibility.
Best regards
I would have a lawyer map out in writing exactly how you will get from where you are now to having a GC. I have seen examples where the lawyer does steps 1, 2 and 3, but knows that the person cannot complete the final steps and get a GC (meanwhile, the lawyer makes money), and so if you get this in writing, it will help protect you and also help ensure that you understand what to expect from the process and where any pitfalls lie). Take care, Jason
Jason,
In almost all Employment based EB2/EB3 cases the employer pays for all attorney + other fees / expenses. For example my employer paid the company’s law firm 25000$ to do the PERM + I-140 + I-485. I told the company attorneys that I will let my personal immigration attorney file I-485 when the time comes and the company told me they will reimburse me for my personal attorney fees.
Even If USCIS rejects AOS based on EB2, I have nothing to loose, I am already waiting for 7 years for an asylum interview and I am confident in my asylum case as well so either way there is no harm in applying for it.
@oscar321 totally agree with you. Before getting GC through asylum talked to employer and their lawyer that takes the EB and H1b cases. Exactly this info was given and the employer jad to cover the costs of PERM, I140 + I485. If did not stay out of status totally worth it. Good luck
@TOM
Thanks Brother
Hopefully, for that money, the lawyer evaluated the case beforehand and has determined that there is a path to the GC, but I agree that in this case, there is no harm in trying. Especially given that the asylum system is such a mess. Take care, Jason
Maybe, but you will need a lawyer to evaluate the specifics of your case. I wrote about this issue on August 28, 2018 – maybe that would be of interest. Take care, Jason
Hi Jason,
I am a derivative asylee and getting ready to file form I-485. So this is my situation, I arrived the U.S on a B2 visa and during my stay, I applied for extension and was granted. 4 to 5 months after my extension of stay expired, my wife applied for asylum and I am the derivative applicant, and it also falls within 1 year of arrival. Did I accrue unlawful presence? How do I answer this question from the form “Have you ever violated the terms of your non immigrant visa” should I say yes? Does it have any negative effect as an asylee on my form i485? Do I need to file for a weaver of inadmissibility?
Also my wife who is now an asylee filled her asylum before her B2 extension of stay expired. Does she need to answer yes to the same question on her form i485 application? Did she violate the terms of her non immigrant status?
Thanks
I think you just need to make your best guess about yes or no and check that box. Then, circle the question and write “See cover letter” next to it. In the cover letter, you can explain what happened. As long as you explain as best you can (and be truthful), you should be fine. The only real issue here is whether USCIS thinks you are trying to hide something, and as long as you provide an explanation, they will not think that. I think it is very unlikely that USCIS wants a waiver, but if they do, they will let you know. Take care, Jason
@andrew – your wife “no” since she applied while her visa was still valid when she applied for asylum.
You – “yes” since you had 4-5 months out of status. No waiver needed unless you violated the immigration status in prior visits to USA. My wife had almost 1 year out of status. No waiver, GC approved.
Hi Jason
Is it possible to get the recording/notes from EOIR hearing similar to FOIA to USCIS? I was approved in court but I was wondering if I can get a copy of the IH.
If you appeal, they send you a copy of the transcript. It is also possible to go in person to court and listen to the audio recording (call the court to arrange this – you can find their phone number if you follow the link under Resources called Immigration Court). Whether you can get a transcript if you do not appeal, I do not know, as I have never tried that, but if you call the court, they should be able to tell you. Take care, Jason
Dear Jason,
I am an asylum derivative, who got added at the time of the interview with the main applicant. I have received my biometrics after 2 months which was delayed to get my appointment after I got added to the asylum application. My biometrics were taken in May 2022. I have now received a notice for biometrics appointment again after my Bio were taken only 2 months ago, and this time the location is at the Asylum office not at the biometrics center. How’s this possible and why?
Thank you!
It is usually best not to ask “why” in immigration world, since all sorts of dumb things happen all the time. I do not know why these are needed, but if the principal was interviewed already, that could be one reason – as all applicants receive a biometric appointment with USCIS and one at the asylum office (if the principal was not yet interviewed, you would think that they could do your biometrics at the time of the interview). In any event, you need to attend; otherwise, the application may be deemed abandoned or it could affect your ability to get a work permit. Once you are there, you can ask why and see what they say. Take care, Jason
I attended the interview with the principal and got added to the case at the day of the interview. I went to the asylum office and submitted my biometrics, asked why? And he said he doesn’t know! Could this be the reason why my EAD is still pending for 66 days? Even though I submitted with my ASAP membership and inquired about my EAD, they replied it’s still in queue awaiting assignment to an officer. I tried to expedite since I have work permit different category that will be expiring soon in which I will lose my employment and received a reply that they won’t accommodate my request!
I doubt that is the reason for the delay, but there is no way to know for sure. Many EADs – including initial EADs – seem to take 2 or 3 months (not 30 days, which is the time frame USCIS is trying to meet). Maybe you can try again to expedite – I did a post about that on January 29, 2020 if you are interested. Take care, Jason
Dear Jason
Im an asylee
My green has not yet came in,
But my work permit expire in two months and I haven’t applied for renewal since asylee dont need work permit, since I already have unrestricted social security number, i work for state job and even during my hiring process all they asked my SS# and i-94 ! I just noticed that asylee based work permit expires i two month
What is your suggestion?
It is more convenient to have the EAD for purposes of an ID, work, and the driver’s license. However, it is not needed and if you are able to get by without it, then there is no reason to renew. GC applications are often taking 2 years, and so if you expect to get the GC soon, then maybe you can live without the EAD until then, especially since EAD renewals are quite slow as well (though if you file to renew before the EAD expires and get the receipt, your old EAD would be extended for 540 days). Take care, Jason
Hi Jason
I hope you are doing well
I have a question about citizenship
I approved sep2018 and I got my green card
When can I apply for citizenship? June 2023?
Is that correct?
I got my green card this month
You have to check the date on the GC, and you can file 5 years after that date (assuming you meet all other eligibility requirements). You can actually mail the N-400 up to 90 days before the 5 year anniversary, so that is about 4 years and 9 months after the date on the GC. Note that people who get a GC based on asylum should have the card back dated by one year (meaning that you probably received the GC in September 2019, but it was dated 2018). USCIS has been failing to back date some cards lately, but hopefully that is not a problem for you. Take care, Jason
Thank you for quick your responding
Yes I got this year but date is 2021
You mean I have to wait till 2026???
But they wrote in my approval notice that Citizenship application is counted from the time of approval notice date (2018)… I confused and I don’t know when can do it ?
That is correct – 5 years (minus 90 days) after the date listed on the GC. There is nothing to be done about this, as that is the rule. It is unfortunate, since people wait for so long for their asylum cases, but that is how it works. Take care, Jason
Good morning sir! I’ve requested for FOAI after I have been interviewed 08 months with decisions because people recommended to filled for it so you will be aware either you have been approved or denied! What I did but the responsive form has been sent to me but there’s nowhere showing that I’ve been approved just the report of my interview! Do you have any advice because someone said with the FOAI you are able to determine if you’ve been approved after interview! Thank you
I think that advice is wrong. FOIA would only show what is in your file, and potentially some of what the government has created, such as asylum officer notes (though these are often redacted). I guess it is possible that sometimes a preliminary decision would exist that you might get, but I suspect that would be very rare. Even if it were present, it would likely be redacted, so I think in the course of a normal FOIA, you would not get this information. Take care, Jason
Hi All,
Is anyone getting travel paroles from the Texas office? I submitted form I-131 March 2021 and still haven’t heard back! They said it’s a normal processing time and I’m wondering if the cases are even moving:( husband had his from another office within 70 days!
Thanks
I want to ask some questions about the Jan 6 thing.
Does this more or less prove that the former pr*sident is … in some way illegitimate ? I feel that he largely reshaped our immigration system, appointed a lot of judges and D*J/D*S have a lot of his people…They are still functioning. And, like earlier I asked about Cl*rence Th*mas, do you think the Jan 6 thing will bring him down and thwart his 3rd attempt at the presidency or not so much ? (I am afraid what would it mean for a person who has so much … investigation and controversy around him to still be able to claim the presidency…it’s chilling)
I also want to ask, has there been a good time for immigrants ? Ob*ma was called “deportation in chief”, and Tr*mp, obviously harsh stance on immigration, and B*den, I personally don’t have an opinion yet about his achievement in this regard, but why is it that…it seems some people think it’s worse now than in previous administration ? Does this mean these people actually prefer to return to a Tr*mp administration ? It doesn’t make a lot of sense to me.
Has there been a good time for immigration? Probably not. The only period I can think of, is Reagan’s Amnesty (A Republican President). That goes to show you how far right the Republican Party has turned.
I still tend to think the Obama years weren’t so bad for Asylum seekers. Maybe in terms of deportation but that’s debatable. We have all heard of the “catch and release “ that caused an outrage from the right.
But no, the US is one of the toughest countries to gain permanent residency and citizenship among “developed” nations. The argument that immigrants are just pouring in and invading the country has been going on for at least 30 decades. It’s used to bring out voters to the polls and keep power.
In some ways, things are worse now than under Trump, at least from my perspective – cases are randomly advance and randomly cancelled. It seems we have less notice of upcoming cases and so we often do not have time to prepare. In other respects – like the substantive regulations and policies – it is much better. I think the Biden Administration has a lot of repair from the prior Administration, but they also need to be moving towards more efficiency and more respect for due process of law. I have little doubt that they are trying to move in that direction, but things are going too slowly, at least in my opinion. Take care, Jason
Thanks. It sounds like the Biden administration is still preferred than another Tr*mp one…This helps with some clarity.
Hello Jason,
Thank you for this post and I hope USCIS continues to post more data to give us ideas about how things going.
I would like to share this topic also addressing or trying to provide some recominidation to reduce the backlog I would like to post about this report in the future when you have some free time to go through it
https://www.dhs.gov/sites/default/files/2022-07/2022%20CIS%20Ombudsman%20Report_verified_medium_0.pdf
Thank you,
Thank you – it is a very interesting report and contains a lot of good ideas. I do hope to write something about it if I have time. Take care, Jason
Hi Jason
Hope you are doing well , as pending Asylum applicant , I applied for TPS last year when they re-opened it but till date I got reply for my kids only ( the tps is for 18 months only ending by next September ).
Thanks.
I do not know about the processing time (you can check at http://www.uscis.gov) but everything is slow. If you have the receipts, the cases should be processing. If they are outside the processing time, you can try calling USCIS at http://www.uscis.gov or making an online inquiry – you can use the link called USCIS Help under Resources. Take care, Jason
Dear Jason,
Is this future realistic for my friend?
HISTORY
2011 enter lawfully J1 (four months)
Overstay
2018 Affirmative asylum application
No interview
FUTURE
2023 Employer files for EB-3. Is it even allowed under the law as no AOS is allowed?
2023 My friend files for Advance Parole to do conselar proceedings for green card abroad in a third coumtry, let’s say Canada.
2024 Get the Advance Parole in hand and cross the border to Canada. Do not trigger the 10 year bar. Go to conselar and get a GC approval. Walk back to the border with US and get the GC and enter. All without triggering tje 10 year bar. Also her passport is expired so she’ll need to renew it but I see no way around this.
Thank you! I think this is a verry common scenario here for people to look for other quicker avenues. Maybe somene else that has experience in this scenario can answer.
I suppose this might be possible, but I do not do employment cases and I cannot say for sure. Also, it very much depends on the specifics of the case and so the person should consult a lawyer to determine the best path forward. My sense is that this path is going to be difficult given the overstay and also (potentially) a two-year home residency requirement for the J-1 visa, but those are issues to discuss with the lawyer. Also, I would have the lawyer map out in writing, step-by-step, how the person will get from where they are today to a GC. If it is in writing, it will be easier to understand and will help ensure that the lawyer is on the up and up. Take care, Jason
Hi LILY,
MY employer filed for my EB2 last year, They are close to filing for my I-140 petition in the next 2/3 months. My situation is similar to your friend. I have seen a few people on this forum who have successfully adjusted status on EB2/EB3 without leaving USA. Please contact an attorney who has already done such cases successfully in the past. It is possible as mentioned by several other people on this forum. Your friend should atleast try it.
I am doing the same. If your friend has a strong Asylum case similar to mine then USCIS will probably approve adjustment based on EB2/EB3 quickly without any issues.
your friend could possibly adjust status based on section 245(k) of the Immigration and Nationality Act, Several people that I know of have done so successfully recently. It is a 50/50 chance, sometimes USCIS approves it if they realize that you filed a genuine asylum application and not frivolous with strong evidence. Some attorneys specifically handle such cases and have done such cases successfully. I have talked to 2/3 such attorneys who have told me it is possible. your friend should contact such attorney.
Your friend should give it a try, I am trying it right now. Also I have seen some people go to 3rd country embassy after getting advanced parole and then coming back to usa on EB2/EB3 but I wont take such chance since I am confident in my asylum case.
Thank you Oscar321 so much!!!
Is there some link that you can paste here for this forum where other people have shared their experiences with this?
Could you share a contact email so you can share these attorney’s info so I can talk to them?
My major problem is the unlawful presence but I’m not even sure I have it since I entered on a student visa and it doesn’t accure unlawful presence.
[redacted]
Contact the above lawyer, One other person mentioned that this attorney helped them adjust status without leaving usa.
You can check the history of the blogs on this forum, there are several people who mentioned they successfully adjusted status.
There is also a USCIS memorandum that I know lawyers used to show uscis that pending asylum status is not unlawful accrual and uscis approved the EB2 case.
please search on google
Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections
212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the Act
Also If you go to the end of this thread some people mention that their EB2 cases were approved by uscis while having pending asylum status and overstaying their visa.
https://www.trackitt.com/usa-discussion-forums/i485-eb/58096461/eb2-case-pending-because-of-pending-asylum/page/last_page
I have talked to 2/3 attorneys and have been told that it is possible. As far as I know sometimes uscis approves it and sometimes it doesn’t
Hopefully, LILY got the name, as I need to delete attorneys names, especially when I do not know the lawyer or have permission. Take care, Jason
[redacted]
Contact the above lawyer, One other person mentioned that this attorney helped them adjust status without leaving usa.
You can check the history of the blogs on this forum, there are several people who mentioned they successfully adjusted status.
There is also a USCIS memorandum that I know lawyers used to show uscis that pending asylum status is not unlawful accrual and uscis approved the EB2 case.
please search on google
Consolidation of Guidance Concerning Unlawful Presence for Purposes of Sections
212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the Act
Also If you go to the end of this thread some people mention that their EB2 cases were approved by uscis while having pending asylum status and overstaying their visa.
https://www.trackitt.com/usa-discussion-forums/i485-eb/58096461/eb2-case-pending-because-of-pending-asylum/page/last_page
I have talked to 2/3 attorneys and have been told that it is possible. As far as I know sometimes uscis approves it and sometimes it doesn’t
the attorney that I spoke to told me that if I was under valid visa status when I filed for Asylum then I should be able to adjust status based on EB2. I was under valid B1/B2 status when I filed for asylum in 2016 so seems promising for me. I am not completely sure. Either way my asylum case is strong too so I don’t have any worries.
This is a copied section from the menmorandum.
https://www.uscis.gov/sites/default/files/document/memos/revision_redesign_AFM.PDF
(B) Aliens with Pending Asylum Applications (Including Children Aging Out and
Dependents of Asylum Applicants)
(i) Principal Applicant. An alien, whose bona fide application for asylum is pending, is in
an authorized period of stay and does not accrue unlawful presence for purposes of
section 212(a)(9)(B) of the Act unless the alien is employed without authorization while
the application is pending. See section 212(a)(9)(B)(iii)(ll) of the Act. It does not matter
whether the application is or was filed affirmatively or defensively.
DHS has interpreted the phrase “bona fide asylum application” to mean a properly filed
asylum application that has a reasonably arguable basis in fact or law, and is not
frivolous. If this is the case, unlawful presence does not accrue while the application is
pending unless the alien engages in unauthorized employment. DHS considers the
application for asylum to be pending during any administrative or judicial review
(including review in Federal court).
A denial of an asylum claim is not determinative of whether the claim was bona fide for
purposes of section 212(a)(9)(B)(iii)(II) of the Act. Similarly, the abandonment of an
application for asylum does not mean that the application was not bona fide. The
Asylum Division within the Refugee, Asylum, and International Operations Directorate at
USCIS’ HQ can provide guidance regarding whether a filing of an asylum application
can be deemed “bona fide” based on the specific facts of the case and should be
contacted, if there are any questions as to the determination.
A student visa can accrue unlawful presence, but only once USCIS or some other government agency determines that the student status ended. So for example, if they conclude that your status ended on a certain date (i.e., when you last were a full time student), all your time since then would be considered unlawful presence. Take care, Jason
Could you please email me attorney’s details?
nick85530@gmail.com
Thanks
Thank you Oscar and Jason. I got what I needed. It seems that there are two major problems here, overstay and a gap of status as well as employment during the years which is greater than 180 days and employment based this is the max number of days you can have.
I’m not sure there is a path forward because of that.
There is no reabilitation in the immigration avenues.
I do think that can be a problem, and if you have had a lawyer look at it and advise you, that may be the final answer, unless you want to try overseas processing – I wrote about that on September 6, 2018. Take care, Jason
why do you need the attorneys details. Did you not say that your asylum was already approved??????
How about Matter of Arrabally and Yerrabelly?
What if I file the for EB-3 while on pending asylum and then after some time request AP based on the pending green card application?
Fortunately, on appeal, the BIA did not agree with USCIS or the immigration judge. The BIA rejected the government’s contention that leaving the US under advance parole still effectuates the type of departure that triggers the 10 year bar if unlawfully present for at least a year. In doing so, the BIA reasoned travel under a grant of advance parole is different than a regular departure since the individual is given an assurance he or she will generally be allowed back in the US and permitted to seek the benefit of a previously filed and pending adjustment of status application.
Hi Jason ,
I have a question ,how long does an EAD take to be processed based on granted asylum at the immigration court.,After filing an I-765 form ?
Thank you.
Hi Jason ,
I have a question ,how long does an EAD take to be processed based on granted asylum at the immigration court.,After filing an I-765 form ?
Thank you.
You have to make an Info Pass appointment and this can take some time (Google “post order instructions in Immigration Court” for info about this process). Once you have the appointment, I think most people get the EAD within a short time (weeks or a few months). Also, you should get the I-94 that same day, and you can use that to work lawfully (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees). Take care, Jason
Dear Jason,
I am an asylee and I am preparing to apply for adjustment of status (Green Card). I did my biometrics when applying for asylum late in 2015. Do I need to do the same biometrics when applying for adjustment of status? If not, do I have to pay the $85 biometrics fee?
Thanks
Adults (under age 79) need to pay the I-485 fee + the biometrics fee (for a total of $1225). It is very likely that you will not need to do biometrics, and they will re-use what you already did. Nevertheless, you have to pay the fee. Take care, Jason
Hello Jason,
Thank you for all what I do.I have a question,my case has been pending for the past 3 years at the asylum office.I haven’t been called for an interviewI and I have been thinking of applying for an advanced Parole so I can go visiti my babies.
So is it advisable and what is the best reason for me to give while applying for the document..
And is it easy to re enter to the U.S with the AD?
Please advice..
Thank you.
The AP process is slow, expensive, and a bit arbitrary, but once you have AP, you can use it to re-enter the US. You have to use your passport to travel, and this could potentially have a negative effect on your asylum case. Also, of course, if you visit the home country, that is usually a major issue for an asylum case. You have to provide a “humanitarian” reason for the travel, and visiting the children can be such a reason, but if any of them have health problems (mental or physical) or you have other relatives with health problems to visit, that is more likely to be considered a humanitarian reason. I wrote more about AP on September 11, 2017. Take care, Jason
Hello,
I have applied for I-485 based on an approved asylum. the USCIS sent the receipt number in January 2021. I have been waiting since then. Today morning I received an email notification stating that “we sent a request for initial evidence for your Form I485”. Since I didn’t submit the Medical Examination (I-693) at the time I applied for the GC (I-485), I believe they will ask for the medical exam in this request of evidence, is that correct?
Please help me by providing a brief explanation of what will happen moving forward. I believe I need to complete the medical exam and send the report to them. Then what? Are there any precautions that I need to consider at this stage?
Thank you
You have to wait to get the letter to know, but assuming they just need the I-693, you would submit that and then they may or may not schedule an interview. After that, you should get the GC, if all is well with the case. In most (but not all) of my cases, once USCIS requests the I-693 and it is submitted, the person gets a decision in a few weeks or a month or two. Take care, Jason
Thank you so much Jason for your help.
But what if I decide to meet my kids in another country apart from my home country where I faced problems.would that bring any suspicions on my case?
Thanks.
If you use your home country passport it might – I wrote about that on May 25, 2022. Take care, Jason
Hay Jason, a question apart from the subject. If the plaintiff lives in MD, the Asylum case is pending with Arlington VA, then in which US District Court Court should she file Mandamus, do you have any idea if the plaintiff has the option of either MD, VA, or DC, which one is going to be better. Thanks
I do not do mandamus cases, and so I am not sure. I think it has to be in VA (where the office is located) or DC (where the HQ is located), but you would need to talk to a lawyer who does such cases to be certain. Take care, Jason
Hi Jason
USCIS charged me for material support based on mere officer’s suspicion, denied and referred me to EOIR.
In EOIR, judge approved my case and the government attorney concurred with IJ and accepted her decision as final in IH. It is time for me to file for I485. I was worried if USCIS will again put my I485 on hold or delay due to same suspicion or throw it in TRIG blackhole?
Does winning my case and acceptance by government attorney during IH remove such baseless allegations and not delay my case any further?
Any thoughts?
Unfortunately, I do think it is possible that the TRIG issue will appear again and cause delay. Hopefully not, but it is possible. I had a client with a very stupid TRIG issue get held up for years for the GC (he had an asylum case too and that is still held up, but his family member petitioned for him). He finally got the GC based on his family, but it was a long wait (I forget how long, but probably at least 4 or 5 years). Take care, Jason
Hi Jason, may I ask what did USCIS tell you when you inquired about the case that was being held up for TRIG issue? Did they say the case is pending background check?
I do not remember, but it was just a standard response of some kind. Whether our inquiry helped or not, I do not know, but the person did finally get a GC (based on a family petition; his asylum case was never completed). Take care, Jason
Thanks Jason, I just have a few follow-up questions:
1. So it is possible that without the background checks of the Asylum case being completed, they issue a green card with a family petition??? I thought background checks are processed at the same place and GC application cannot override Asylum when the applicant has completed their interview. The only asylum seekers who I heard that got GC through other means were waiting interviews and their Asylum case had not been processed.
2. Did you do anything to make USCIS get a decision on the GC? Like a mandamus or something? Or you just waited and made several inquiries? Did you ever bring up the Asylum case when talking about the family petition GC?
3. I am kind of in a similar situation. I am in a valid F-1 status. 4 years after interview waiting for a decision on my Asylum case. I have an approved I-140 EB-2 and I am thinking whether it is a good idea to close my Asylum application before filing I-485 based on approved EB-2 to avoid falling into the similar blackhole of my Asylum case.
1 – The background check is a mystery to me, and the only thing I can say (which was once told to me by a former Asylum Division Director) is that different agencies have different background checks. I do think a background check is needed for a GC, though maybe it is less than the check for asylum. 2 – I made several inquiries and we waited for several years; nothing more. 3 – In general, I would not attempt to close an asylum case until you have a GC or leave the US. In fact, you may not be able to close the case without being referred to court, depending on your status. I would talk to a lawyer about the specifics before you take any action in that direction. Take care, Jason
I still want to know why the hell does a RTD have to take over a year to process?
Why does a c-8 EAD renewal (renewal!) take 1+ years? Or an asylee GC take 2+ years? The system is a disaster and it is taking a long time for USCIS to return to where it was pre-Trump (which wasn’t all that great). I am also hoping that they make the RTD valid for 10 years, which would make a lot more sense than 1 year, which creates all sorts of problems. Take care, Jason
Hi Jason; hope all is well. I finally hired an attorney and filed the mandamus for $5k around 45 days ago(from the day the defendant was served) but I still have no news from USCIS or attorney general(deadline is August 8th) my attorney(their paralegal) mentioned we have to wait till deadline without any follow up form the attorney general. Do you have any suggestions for this matter and do you know what would be happen if the deadline is passed without USCIS responding to my lawsuit?
I do not know what communication happened between the attorney and the government, but typically, if a defendant does not respond on time to a lawsuit, the plaintiff can move for a default judgment. Whether that would work in a case against the government, I do not know. Take care, Jason
Hi Bard, can I ask you which state and who is your lawyer? I want to hire a lawyer for writ of mandamus too, I really appreciate if you could inform me.
Hello Jason
Got my asylum decision online today, it says:
“Decision Was Mailed
We reached a decision on your application. You should expect to receive the decision shortly. You must follow the instructions in your decision letter as to what to do next.”.
Based on your experience, Is this the same message they send for both Approval and denial?
Thank you
As far as I know, it is the same and you have to wait for the letter to know the answer. Good luck, Jason
Great,
A day before, the status was “Fees were waived on work authorization card”
Is that a positive sign?
I didn’t mention that as It was confusing for me
Thank you Jason
ASTAF, when you had your interview? Which asylum office? Can you share your timeline when you file your asylum?
Sure,
I filed for asylum 6 years ago in Los Angeles. I Sued the USCIS almost 4 months ago.
My interview was scheduled few weeks after suing.
I had my interview in a month later, and today I got my approval letter which took 10 weeks. The lawsuit cost $4500 and it worth every penny,
Astaf
Congrats!!!!!!
Thank you Tina 🙂
It is a positive sign, but you have to get the letter to be certain. Good luck, Jason
The U.S. Attorney assigned to my case has informed my lawyer that my case was approved. Lawsuit is dismissed.
Thank you Jason
FREEEEEEEDOOOOOOOM
That’s great – Congratulations! Take care, Jason
I filed in LA too . Which attorney did you hire for law suit ? Just put the last name so moderator won’t delete it
Dear Jason,
Thank you for the comfort you bring in all these years, my asylum was terminated at the court due to PD. Almost 1-month USCIS requested for my biometrics at the application center. Do you know why my biometrics is requested after the termination of my case. pls advise
I do not know why unless you have some other application pending – maybe an I-765 for a work permit? I guess when you go to the appointment, you can ask what is the underlying application – maybe they would know. Take care, Jason
So we are talking about half a million cases, perhaps for 1 million people, all in the backlog? Jesus.
My guess is between 800,000 and 900,000 people in the affirmative asylum backlog, and counting. Take care, Jason
Hello Jason,
Is the Jumpstart Act will helpful for the people who are planning to apply for Asylum based Green Card?
Is this act pass by the congress?
Thank you
Sam
I had not heard about it before now, but it does not seem to be going anywhere fast, at least according to a quick Google search. Take care, Jason
Dear Jason
I have completed my asylum interview on June 13 2022, and i was given a pick up notice to pick my decision on July 5th 2022. and when i went to pick up my decision the asylum officer told me that your decision will be mailed and you dont have to come for pick up.
but when i check my status it says ” application pending” while my cousin had interview on the same day her status says ” decision pending” do you think they will sent me to courts. ? what is your experience if uscis sent someone to court and how soon they will sent a notice.
we both are from Afghanistan. ( evecauee)
Were you a member of the military or police / national security forces of the former government of Afghanistan?
I have heard from an asylum officer that the number of Afghan cases referred to court is extremely low (less than 1% according to what he said, though I am not sure if he was speaking literally). We have not had any Afghan cases referred to court in some time, but that is always a possibility if there is a credibility issue or other problem. However, based on the online messages, I think that is not something to worry about, as I do not know that there is any difference between those two messages. Also, it is very common for “pick up” decision to turn into “mail out” decisions and I think that tells you nothing about the decision. Take care, Jason
Dear Jason,
Its been just one year today, since i applied for my green card based on Asylum. i live in virginia. my application went to NBC and NBC will process i already attempted many expedited but nothing worked.
When do you think i will be getting my green card.
Thank you for continuing support to asylum community
We have been seeing asylum-based GCs take about 2 years, though most of our cases are at the TSC. My sense is that the NBC is not much better, but I am not sure. Also, other people who comment here state that these cases are moving more quickly, but that has not (yet) been my experience. Take care, Jason
I have been waiting for an interview since August 2015 (immigration office in New York). Over the past three or four years, I’ve tried to speed up the process more than ten times – a few letters sent by the congressman’s office, a few letters written by my lawyers, but mostly I tried to break through this wall myself. Surprisingly, I managed to do this, despite the fact that I did not have any certificates confirming my depression or other documents … I was called for an interview in April, and in May I received asylum in the United States.
I wish everyone not to despair. I hope that justice will prevail and the immigration offices will start calling for interviews people who applied five or more years ago.
Congrats!Thanks for sharing your approval. I’ve been waiting for my asylum interview since June 2015 in Los Angeles.After your good news, I’m going to expedite my case for the second time this year.
I hope to hear more good news from the asylum seekers especially in this forum that habe been with us during this tough season of life.
That’s great. It is also interesting to see that you won a case in NY, which has such a low approval rate. I wonder if the approval rate that is reported is not accurate or if something is skewing the data in that office. Anyway, congratulations on the approval! Take care, Jason
Thanks a lot, Jason! Your site has helped me all these years with both moral and practical advice, which in the end allowed me to pass the interview and get asylum. Thank you for your hard work.
I am glad it helped. Take care, Jason
I had my asylum interview after waiting for 6 years. It has been 7 months that I am waiting for the decision.
You can contact the asylum office to ask about your case – I wrote about that on March 30, 2022. Take care, Jason
Hi Jason,
If someone applies for a green card based on asylum, how long does it take to get the green card?
Regards,
You can check processing times at http://www.uscis.gov, but most of my cases take 2 or 2.5 years. Most of these cases were filed at the Texas Service Center, which is extremely slow. Take care, Jason
Please jason we love and appreciate you but you need to update your info as anyone who applied for the i-485 in 2022 got it it in 6-7 months at max and some people got it faster so stop thinking or telling people it takes 2 years cause that’s untrue and such an old info as whoever applied in 2019-2021 takes 2-2.5 years yeah but since 2022 started the USCIS gives priority to new cases and all the attorneys on their YouTube channels admitted that the GC based on asylum now takes 6 months as they see!
Thanks and please update your info
Asylee,
I am not Jason, but I think you should back your claim up with facts from USCIS instead of quoting attorneys from YouTube.
You may be right that some people who applied recently got green cards faster, but do you really think Jason should come here and tell everyone that they will receive green cards in 6 months, without adequate data to back it up, especially when he is not in charge of green card approvals?
Ever heard of setting reasonable and conservative expectations?
Just as you are quoting the YouTube attorneys, someone would also be out there saying, “but, an attorney, Jason said I will receive my green card in 6 months.”
@tina
Since when the USCIS publish data like that? As I remember you applied for your GC few months ago right? Did you get it on hand?
No data from USCIS, so no need to set a time frame based on YouTube.
I applied mid April.
Are you stalking my immigration activities? 🤣🤣
@tina
Hahaha not stalking your immigration activity 🤣🤣but few months ago I remember you mentioned you’re about to apply for your i-485 lol good luck i hope you get it soon !!
All the best
Thanks for the kind wishes.
That has not been my experience for asylees at the TSC, and the processing time at TSC is still listed as 44 months. If I see a change, I will report what I see, just as other lawyers will report what they see. Take care, Jason
Dear Jason
interesting post, as usual, thank you. I am about to receive a green card and I have a question. Do I need to get a travel passport in order to travel outside of the USA? I also understand that I cannot travel to my country of origin, as I essentially escaped the persecution there. I am thinking about going to a third country, eg Turkey where I will meet my parents. Thank you.
I did a post on May 25, 2022 about traveling with your passport. It is better to not do that, but many people use the passport and re-enter the US with the GC. As I discuss in the article, it is possible that using the passport will create immigration problems for you, and so I recommend using the RTD if possible. Take care, Jason
That’s ridiculous, 700+ officers did only 2200 in a month. Its been more than 7 years now I am waiting to hear anything from them. Everyday I check my status multiple times and the answer is ” My next step is interview” but I don’t know WHEN..!!!
I didn’t see my Mom, Dad, Brothers and Sisters in past 7 years. Very sad 🙁
It is a disaster, but they would probably argue that I am being unfair, since they have other tasks, like the credible fear interviews. Regardless, unless they start interviewing more affirmative cases, the backlog will never go away. Maybe the new numbers will be better, as the pandemic situation as eased a bit since late 2021. Take care, Jason
USCIS New York Asylum Director Patricia Menges She Used to Good .
From 2016 She stop approving Asylum