It’s the rare occasion when I can report some good news, but it seems that USCIS is taking action to help people in the affirmative asylum backlog. According to the most recent data (from December 2021), there are about 438,500 cases pending at the Asylum Office. The large majority of these applicants have not yet received interviews. Now, USCIS has hired an additional 80 Asylum Officers who will be dedicated to interviewing applicants who filed for asylum on or before January 1, 2016, meaning that they will be interviewing asylum seekers who have been waiting the longest.
Here, we’ll discuss what this means for those applicants, and also for people who filed after January 1, 2016. I’ll also make some suggestions about how to schedule these interviews in a way that is fair to applicants and to their lawyers (i.e., I will beg USCIS to have mercy on us).
Let’s start with a basic question: How do I know about this new development? For the last couple years, I have been involved in an effort to lobby Congress on behalf of affirmative asylum seekers. We’ve been asking for several things, including dedicating a certain number of Asylum Officers (AOs) to the oldest cases, prioritizing cases that are more than five years old, and ending the last-in, first-out (LIFO) scheduling system, which prioritizes new cases over old cases. We had some success in our efforts, including convincing 40 Members of Congress to send a letter to USCIS about the affirmative asylum backlog. During the course of our campaign, we have been in contact with different Congresspeople’s offices, and one of our contacts recently informed us about the 80 new AOs. This contact had been in touch with USCIS, and supposedly the agency confirmed the news. Whether our efforts led to the hiring of these new officers, I do not know, but certainly I am willing to take credit for it – You’re welcome.
While this is good news, there is still much we do not know. First, we do not know when these AOs will start adjudicating cases. They are currently hired and in training (a months-long process, apparently made slower by pandemic restrictions). Given that their training has started, I would expect them to be coming on-line in the next few months.
We also do not know where the new AOs will be assigned. USCIS has indicated that they would be dispersed across the Asylum Offices, but we do not have specifics. Will they be distributed evenly across all offices? Will more AOs be assigned to offices with larger backlogs?
Also, how will they interview old cases? Will they start with the oldest and work forward? Will they prioritize certain cases, such as people from Afghanistan, who are currently receiving priority over other newly-filed cases? Or maybe they will prioritize one-year bar cases, which had been the practice at certain Asylum Offices (presumably in order to quickly deny cases that were not eligible for a grant).
In addition, I wonder how firmly USCIS is committed to using these officers for the oldest cases. What if other priorities arise–for example, if many people are arriving at the border and there are not enough “regular” AOs to interview everyone–will the new AOs be transferred to places where USCIS believes they are needed more? Or will these officers be committed to interviewing old cases no matter what?
Perhaps I am too cynical. If these 80 officers are truly devoted to older cases, they can make a real difference. Assuming each AO can interview eight applicants per week (this may be a bit of a stretch, but it is not unrealistic), that would be about 400 interviews per year, times 80 officers = 32,000 interviews per year! And USCIS has indicated that if other officers have extra capacity, they may also be detailed to older cases, which could allow even more interviews.
We do not know how many cases are still pending from before January 1, 2016, but in March 2016, there were 144,500 cases in the backlog. Many of those cases have likely already been interviewed, meaning that 80 officers devoted full time to pre-2016 cases could probably interview all those cases in a year or two.
This is good news for the longest suffering applicants, who may finally receive their interviews. For this reason, it is important for people whose cases have been pending since before January 1, 2016 to make sure that they have gathered all required evidence and are ready to proceed if an interview is scheduled (though I do not recommend actually filing the evidence until the interview is scheduled).
This new development may benefit other asylum seekers as well. Once the oldest cases are resolved, presumably, the new AOs would start work on 2016 and 2017 cases. They may also free up “regular” officers to work on newer cases or expedite requests (though the Asylum Offices still need a more regular process for expediting cases).
And now for my humble request. While it is good news that the oldest cases will receive interviews, it is imperative that applicants have sufficient time to prepare for their interviews. In the case of represented applicants, they may not have been in contact with their lawyers for years. It takes time to re-establish contact, determine the status of the case, and complete the work. For unrepresented applicants, they may need time to find a lawyer or update their case.
These days, some asylum interviews are scheduled with little notice; other times, the applicant receives the notice a month or more before the interview. USCIS will explain that it is difficult to schedule cases with much advance notice, since the agency cannot easily predict its workload or how it will need to allocate resources (given the varying conditions at the U.S.-Mexico border, for example). However, if the new AOs are devoted solely to old cases, workloads should be much more predictable, and hopefully that will allow the agency to give applicants at least a month or two of notice prior to the interview. Without such notice, applicants (and their already overworked attorneys) will not have time to properly prepare for their interviews.
Finally, while these new officers will certainly make a difference, I still believe a better solution would be to return to FIFO–the first-in, fist-out system where cases are interviewed in the order that they are filed. I have never accepted the logic behind LIFO–that it deters frivolous filings, and in my opinion, USICS should re-visit this conclusion. Also, the Asylum Office should make changes so that interviews are more efficient. There is much to be done to address the backlog, but for now, we can commend USCIS for hiring new officers to help those applicants who have been waiting the longest.
[…] interviewing the longest pending applicants (supposedly, some of the new AOs will be delegated to work on pre-2016 cases, though so far, we have seen precious little evidence for […]
Hello Jason
I got married in February and we are now filing for GC via marriage to a US Citizen. I have a 2016 pending asylum case. We have not been living together since —February with my husband because we had to do some cultural protocols but we will be under one roof end of September.
—I have been on DTA Cash Assistance since April because I lost my job.
—Because we have not been living together with husband, when I applied i said single parent (me and my daughter-5y).
— He shares custody of his son with his ex wife but he works and makes roughly $50k+ a year.
Question 1:-
Will there be any issues now that we are now completing our forms for GC while i am on SNAP and DTA cash assistance? I am actively looking for a job.
What would you recommend we do please?
Question 2:-
I have my EAD through asylum. Will i also have to apply for EAD through marriage? Which one is better. Reason why i ask is that the filing fee is $1760 and was wondering if there is a way to make it lower by either keeping my asylum EAD?
Question 3:-
How long has it been taking to get the interview after submitting the marriage papers?
Thank you
1 – I do not think so, as I think the public charge rule no longer applies. You might check with a lawyer to be 100% certain, but I think it is ok. 2 – The fee for the form I-485 is $1225, and when you pay that fee, it includes an EAD (form I-765) and a travel document (I-131, Advance Parole). Whether you get the EAD and travel document, you pay the same fee, so most people apply for those. The EAD is only valid for one year, but if you also request AP, the EAD will also serve as a re-entry document. If you have no plans to travel, this may not be a benefit, but it depends on your situation. Also, if you apply for a new EAD based on the marriage case, you will not get an automatic extension of the old (asylum pending) EAD, and so if the old EAD expires before you get the new EAD, it will affect your eligibility to work (though this would not affect your eligibility to get a GC based on marriage). 3 – It varies, but most people probably get the GC within 9 to 12 months. Take care, Jason
Thank you Jason
I saw the breakdown of the fees you gave as well and that led me to another question. Do i also have to file for form I-130 or it is also included on the list you provided? Is it a must or it is optional?
Is it also optional to file EAD (form I-765) given that i have my asylum EAD that i can use and has the advantage of automatic extension in case it expires? Can i just not apply for it or it is a package i cant run away from it?
Can i also file for AP separately from the form I-765? or its a complete package? I definitely need the travel document.
Thank you
If you are trying to get a GC based on marriage, the I-130 is required. Either it must be filed with the I-485 or before the I-485 is filed (for marriage to a US citizen, the forms are usually filed together if the noncitizen spouse is in the US). You do not have to apply for an EAD based on the marriage case; that is up to you. The advantages are that you can also get AP and use the EAD as a re-entry document, and that it is included with the price of the I-485. The disadvantage is that it is only valid for one year. You can file for AP alone when you file the I-485, but then you get a piece of paper that serves as a re-entry permit. Most people prefer the EAD/AP card, since it seems more official. But either way should work. Take care, Jason
Am a Congolese refugee by nationality living in Uganda since Jan 2006 , where by I was granted to past my asylum interview May 2018, up to date regardless my perilous long tragedy had not got any effect. Kept as well updating my condition am still begging for your advise what may I expect concerning such long silence !!!
Am a Congolese refugee by nationality living in Uganda since Jan 2006 , where by I was granted to past my asylum interview May 2018, up to date regardless my perilous long tragedy had not got any effect. Kept as well updating my condition am still begging for your advise what may I expect concerning such long silence !!!
I do not understand your question, sorry. If you are in Uganda, I do not know about their laws and cannot offer any advice, but maybe if you clarify the question, I can try to answer. Take care, Jason
Hi Jason,
Thank for the usual help. I have filed asylum in Arlington office in Feb 2015 (1st week of feb 2015) and according to this news that we might expect an interview soon.
But, I just want to ask if there is any interview update by now from the targeted bandwidth (before 2016)?. Any one has any idea where exactly which month/year that USCIS is working on?
Thanks
alex
Unfortunately, we do not yet have that information. I hope the asylum office is more transparent about this, as it will greatly help those people with 2015 cases still pending. I have heard about some 2015 cases getting interviews, but only a few so far (of course, there may be many others that I am not hearing about). I would prepare your case and make sure you have all evidence you need, so you are ready to go if they call you, as they may not give you much notice about the interview. Take care, Jason
Dear Jason,
My husband filed his asylum application in October 2016 in the Arlington Office. Do you know of 2016 cases that have been recently scheduled for interviews? He regularly submits inquiries with the Virginia senator and the answer he gets is that the case won’t be processed within the next 6 months.
Thank you so much for your help.
Katherina
Supposedly, they hired 80 officers to work on pre-2016 cases (as discussed above). However, I have not yet had any of my pre-2016 cases scheduled. I have had 3 cases scheduled for people who filed in 2016. Why these cases were selected, I do not know. I do think inquiring through the Senator is probably not very useful. I wrote about expediting a case with the asylum office on March 23, 2022 and March 30, 2017 – maybe those posts would help with preparing an expedite request. Take care, Jason
[…] with no real hope of receiving a decision any time soon. The good news is that you’ve hired 80 brand-spankin’ new officers to interview older (pre-2016) cases. But the concern is that these officers will not be used […]
Hi jason
I just wanted to let you know that it has been 3 weeks i emailed you from your website.
I did not get a response as yet
Can you please let me know another way to get in touch with you so you can take my case.
I appreciate your help
K
My email address is at the left – you can reach me by email. Take care, Jason
Hi Jason,
I think new officers are working already. I applied on July 2015, and today received a notice for interview- Arlington office. I have a question though- its says on notice I need to bring all dependents on my application-my husband will be coming of course, and I also listed my son on application, however he is a US citizen because he was born here a while ago when I was on student visa. So I am not sure if I need to bring him since he is a US citizen? Should I email office and ask? I also had another baby that was born not so long ago , I am not sure if I need to bring a baby?
A “dependent” is only someone who is depending on your asylum case, and so US citizen children do not need to attend the hearing. In fact, it is better to now bring children to the asylum office if you can avoid that. Take care, Jason
Thank you, Jason! Appreciate your help very much!
Am not sure i applied march 2015 no interview .
Dear Jason,
I asked you a couple of months ago about how to add a spouse to my asylum case that was filed back in 2015. I followed your advise to send the documents to Asylum office rather than a service center. And finally 4 months after my spouse received a Biometrics Appointment. The question is what’s next? Can my spouse apply for ead immediately after doing fingerprints or do we have to wait for another notice from asylum office? I couldn’t find any information on that online. Thank you!
If she received biometrics, she should be part of the case. I guess you can email the asylum office directly to confirm that she is a dependent – you can find their email if you follow the link under Resources called Asylum Office Locator. Assuming she is added and that you already have an EAD, she should be eligible to file for her own EAD immediately. Since it will be her first c-8 EAD, there is no fee. Take care, Jason
Hi Sam,
How did you submit the documents? What did you submit if you don’t mind me asking? Last, did you contact the asylum office before sending the documents?
Hello Terranova,
I emailed the asylum office asking for instructions. Because as far as I know every office has different requirements on what documents or pages to submit. So please contact your office as well, before mailing in anything.
In my case it was 2 copies of original i589, one new copy with dependent information, passport style photo of whom you are adding and proof of relationship.
Good luck to you. I would also like to thank Jason for his help.
Oh and I forgot to mention, you should also provide a written statement saying that you want to add your dependents to your case (with receipt number).
Thank you so much for all the information and thanks to Jason for everything.
If you don’t mind which office handles your case?
Hi sam i am in the same boat. Were you able to apply EAD for your spouse.Thanks!
Dear Jason,
I have had pending asylum case since 2015. By the time I file asylum I was in F-1 status but I lost it in 2020. Now I have only pending asylum case. My fiance got his I-140 approved based on EB2 category and about to apply I-485. I am going to apply as dependent. Question is:
-Is it going to be an issue when I adjust my status to I-485. My fiance has h1b and never applied asylum, so no problem.
-Do I have to leave the country to adjust since I am not in status?
-Can I file I-131 and EAD concurrently although I have valid EAD based on asylum?
Thank you in advance!
I think you need to check with a lawyer to see whether you are eligible. Even though it sounds like you have no unlawful presence, you do not have any lawful status and so I think you need to leave the US to get a GC based on his EB visa. Maybe there is a way that you are eligible to get the GC in the US, but I think you probably cannot. Anyway, if you can, you can file the I-485, the I-131, and the I-765 together, but again, I think you probably cannot – talk to a lawyer to see maybe if it is possible. Take care, Jason
Thank you Jason.
If I leave U.S to adjust my status, what would be the factor to deny my application at consular processing? If my application denied, I cant get back to U.S to pursue my asylum case, eventhough I have valid advance parole?
What could be the exception that allows me to adjust in the U.S?
I am feeling very hopeless as my asylum case pending since 2015, but no response and not eligible to adjust based on EB as well.
Thanks in advance.
I do not do such cases, but if the embassy determines you are not eligible for some reason, including that you have a bar to returning, that can be a reason to deny. If you have valid AP, you should be able to return here. The trick is coordinating the timing of AP with the consular interview. In terms of exceptions to adjusting, one is under INA 245(k), which applies to certain EB cases where the person is a pending asylum seeker. Another is INA 245(i) where you had to have been in the US prior to December 20, 2000 and meet several other conditions. Maybe there are others. Basically, you have to talk to a lawyer to go over the specifics and have the lawyer map out for you each step of the process from where you are now until you get a GC. Take care, Jason
Hey Jason
i have a question, i went for my interview last june , we didn t finish and the AO told me they will have to reschedule for the second part .. they gave me a note asking me to come back after two weeks .
But then They called me and said they will send me a mail and i don t have to come back .
its been a month since i received the call. Do you think i need to contact them about that ?
I think it is reasonable to contact them – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
thank you
Hello Jason and folks, hope doing well. I am an affermative pending asylum since December 2016. Do you have any idea or predictions about my first interview?
Thank you 🙏
I have no idea and the new officers are only for cases from before January 2016. Once those are done, maybe they will work on other 2016 cases, but there is no way to predict the time frame. We are also lobbying for more officers to address old cases, but I do not know when/if that will happen. You can try to expedite – I wrote about that on March 23, 2022 and March 30, 2017. Take care, Jason
Hello Jason,
Just wanted to point out that in addition to training, many of the new hires are likely still waiting on security clearance which can take several months. I know somebody who was hired back in May by a specific Asylum office and is still waiting on clearance. Maybe it could even be well into next year before these 80 new hires start making a dent.
I think it will be sooner than that – we just got an old case scheduled for interview (in Newark). We received about 4 weeks notice, which is honestly not enough to get the case done in a comfortable way, but it is do-able. I have also heard from an NGO I am in contact with that they also had a case scheduled. How many cases will be scheduled and how soon this will ramp up, we shall see. Take care, Jason
Dear Jason,
I have 1 question:
I got my Asylum November 2021 but the EAD and I-94 have a mistake because my middle name was written as Surname and my last name as First name. The EAD was not accepted at the Bureau of moto vehicles (BMV) for my Driver’s license renewal and I can’t look for a job because my full name on the EAD does not match with that on my Social security card. I wrote to the NEBRASKA USCIS CENTER that issued the EAD three times without an answer, I wrote to the Immigration ombudsman who inquired but no answer from the USCIS. Is there anything else I can do because I’m suffering: I can’t drive or look for a job.
Your insight would be very helpful
It depends on the source of the error. Was it a USCIS error? If so, maybe try this link https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError. If the error relates to your own documents, you may need to go officially change your name with the state court, so it is what you want it to me, and then re-file for a new EAD and SS card with the corrected name. You might want to talk to a lawyer about what is the best approach, as this can be confusing. Take care, Jason
Hi Jason; hope all is well. I file a lawsuit against USCIS & their deadline to respond to my suit was Monday; AG told my attorney that during their background check another alias was found and they need to run a background check on that name; so they requested for 2 weeks extension to allow for checks to be run on an additional alias. I’m kind of confused what they mean by another alias since I don’t have any other legal name. I just wrote my common name in my application(same first name with shorter family name) in “what other names have you used(include maiden name & aliases)” section.
Do you think they meant they need to run a background check on my common name and another alias means my common name? Also do you have any similar experience for your clients? Thanks for your time
Maybe there is another spelling of your name, or some other version (for example, one that includes your father’s name or a tribal name). Also, if our native language uses another alphabet, maybe there are different versions of the name in English. I suppose it could also be an error on their part, but my guess is that it is just a spelling discrepancy, since those are common. Take care, Jason
Thanks Jason; always appreciate your support and time
Dear Jason and friends,
I have been waiting for my asylum interview scheduling for more than 2 years now. My field office location is Baltimore, MD (3701 Koppers Street, Halethorpe, MD 21227). Can you please provide their email address so that I can request for expediting my interview?
Thank you!
Asylum cases do not take place in Baltimore (though maybe some will be scheduled there in the future). The office for people in MD is in Arlington, VA. You can find their email if you follow the link under Resources called Asylum Office Locator. I wrote about expediting a case on March 30, 2017 and March 23, 2022 – maybe those would help. Take care, Jason
Hi Jason,
I am a LPR through asylum. I recently visited my COP due to an emergency and stayed there for about a month. I came back to the Us without any issues at the border, CBP officer took my PP and GC and scanned it and asked me how long I stayed outside US. Which was a month? I am applying for naturalization this year? Do you think my citizenship can be denied? And also the customs officer didn’t ask me anything about why I returned to my COP? Is it unusual? Or what. Your help will be appreciated. I see there is no provision in US law that my citizenship will be denied because I visited my country of persecution. If they plan to deny what are the grounds of my citizenship denial? Like US.c ?? Thank you for your help
They would only deny the citizenship if the return trip (or some other issue) causes them to think your original asylum case was fake. Otherwise, you should be fine. Nevertheless, you should be prepared to explain the trip if they ask, and if you have any evidence (such as documentation of the emergency), bring that to the interview. But I would only show it to the officer if asked. I wrote more about this on January 6, 2016. Take care, Jason
Hi Jason,
I have been referred to immigration court 4 years ago. I have an individual hearing next month so I am trying to boost my chance at court. My previous English teacher who is around 80 years old is a US citizen. We have been in contact since I came to the country. She is like a mother to me. If I get a reference/character letter from her, will I increase my grant chance at court?
It is nice to include such letters and we include them if we have them. Whether it makes much difference in the case, I think it probably does not. But it does not hurt and may help. I did a post about what evidence is helpful on April 18, 2018 – maybe that would be of interest. Take care, Jason
Hello Jason
This blog is always, the best friend with my journey. My wife who is petitioner on our an asylum case (i m spouse with 3 kids dependents on same asylum case). We had filed the case on August 2017 waited until interview on November 2021. We got an approval of asylum on November 2021 and now is the time for adjustment of status i-485 application for our 5 people family all in U.S since we entered to U.S. My question is how much will it cost for filling i-485 + i-131 for each person through the asylum, for filling my family (wife 41 yo (petitioner), me 43 yo spouse with our 3 kids 12 yo – 10 yo and 8 yo ? i m confused bit! 1225 $ per person plus 750 $ per child ?
Thanks in advance
Leon
You have to wait at least one full year before filing for the GC. You also need to have a year of physical presence in the US, meaning if you left the US, you need to wait longer to apply for the GC. If you apply early, the applications could be rejected or denied. In terms of the fee, adults under age 79 currently pay $1225. If a child under age 14 files with their parent at the same time, the fee is $750. Each fee should be submitted separately (do not combine the fees into one check). Also, if you qualify, you can request a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason
Dear Jason
RTD TIMELINE BASED ON ASYLUM
LIVE IN VIRGINIA
APPLIED ON 25 August 2021
Received my travel documents on July 27 2022 its only valid for one year unfortunately
Took around 11 month!
I applied simultaneously with my green card application. But have not received my green card yet
It’s ridiculous. Hopefully, USCIS will change the validity period of the RTD to 5 or 10 years – it seems like such an easy fix, which would help many people. Take care, Jason
I applied on August 1st 2021 and didn’t receive my RTD yet so how does it work ? He applied on the 25th and got it before me! Does they do Fifo and lifo also on regular cases?
It is just “regular” since processing times are about a year. You can double check processing times at http://www.uscis.gov. Normally, they do not want you to inquire unless you are 90 days over processing time, but given how slow this is, I think you are more than justified to call (800-375-5283) or make an online inquiry (there is a link under Resources called USCIS Help). Take care, Jason
The processing time for RTD now is 12.5 months on the official website so in their view I’m still in processing time and case is not late at all! Lol it’s funny and sad in the same time
It is just shocking that they are so slow. Hopefully, USCIS will some day get its act together. Take care, Jason
Hello Jason, I have a question my partner was granted the asylum and she’s going to petition for me but be side that I have a family member who is a US citizen so my question is if my relative ( family member) want to petition for me how long or fast the process can take after my partner already petition for me .
Thanks
It depends on the relationship – if your partner is a US citizen and you are legally married, and assuming you qualify, you can probably get the GC in about a year. Other relationships have other requirements – you can get an idea about that is you Google “DOS visa bulletin,” but without knowing more specifics (like who is filing the petition, what is their status in the US, and more about your status here), I can’t really say any more. Take care, Jason
Great news and thanks a lot for sharing and supporting the community! I have a pending asylum case since Dec 2021 and I would appreciate your opinion on what should I do.
1. I have not received my work permit yet and I am feeling increasingly depressed and drained being away from family and friends. My family is still being targeted in my home country while I am hopelessly waiting. Just this month, my uncle who I have mentioned in my statement has been arrested again by the police along with other family members arrested before. Do you think that I should submit a request to expediate my asylum interview? I am also thinking of putting my name in the short notice list hoping that I might get lucky and get interviewed soon.
2. I have 2-year home residency but I didn’t apply for the waiver and applied for asylum instead as most of the people online suggested that. Can I apply for employment based GC and hope that the pending asylum application will cancel the 2-year home residency? I applied for asylum while my visa was valid.
Thanks so much!
1 – If you have not done so, you have to apply for the EAD separately once 150 days have passed after you filed the asylum case. The EAD process should take 30 days, but in most cases, I think it is taking 2 or 3 months. You can try to expedite the asylum case – I wrote about that on March 23, 2022 and March 30, 2017. 2 – If you win asylum, the 2-year home residency requirement is canceled for purposes of getting a GC based on asylum. If you want a GC for some other reason, the 2-year home residency requirement may be cancelled as well, but I am not sure about that. In any event, if you win asylum, it is pretty easy to get a GC on that basis (though it is currently very slow). If you wanted to apply for a GC now (before asylum is approved), you would need the waiver + some way to get the GC, which could be a job or a family relationship. Talk to a lawyer to be sure you are eligible for that, if you are interested, as it depends on the specifics of the case. Take care, Jason
Hi Jason,
Thanks for the great writings as usual.
My question is, Can I apply for premium processing for I- 485 as an Asylee. I have applied 16 month ago wiith no updates. Does premium processing helps accelerate my case.? Thanks in advance
You cannot, though it would be very nice if USCIS would make that option available to I-485 applicants (and to asylum seekers). If you have a reason to expedite, you can try that – I wrote about this on January 29, 2020. These types of cases (I-485 based on asylum status) are taking 2 or 2.5 years in many cases, though hopefully that time frame is starting to improve. Take care, Jason
Hello Jason
How often can I submit to immigration court to reschedule my interview
As many times as you want, but I think it is pointless to harass them and maybe they would retaliate by pushing your case further back (assuming there is any sort of line to be pushed back in). I have heard about instances where the asylum office threats to take that type of action when people are too persistent, but I have never seen it happen. It is more effective if you have a good reason to expedite and you provide evidence about that. Take care, Jason
Good morning,
I have 2 questions.
I came to US legally meaning on a visa. I’m planning to apply for asylum. But my spouse and child are in my home country. If they come to one of the 2 neighboring countries (Mexico or Canada) and cross the border into US.
1- I apply and add their names to my application while they are still outside US. Later they cross into US, how will it effect them? I mean will my wife be able to get SSN or EAD and later if I’m granted asylum, will she be eligible for green card (She will be a dependent in my case but crossed illegally into US.)?
2- If she won’t be eligible for EAD, SSN, green card…. if she crosses into US, can she apply for asylum herself while she is dependent in my case too?
Thanks,
Asylum Seeker
1 – Normally, if a person enters the US illegally and gets stopped at the border (and then asks for asylum), they have to pass a “credible fear interview” (initial evaluation of asylum eligibility). If the pass, they are sent to Immigration Court and so they could not join your case. They would have to present their own case in court. However, if you win your case, you could file a I-730 for them so they could (probably) get asylum status from you. From an Immigration Law perspective, it would be cleaner if they waited outside the US for you to win asylum and then you filed for them, though that process can take many years (and would almost never be faster than 1 year or two, even in the very best case). 2 – I think she will not be a dependent on your case if she enters illegally, and so if she wants an EAD and SSN, she would need to apply for asylum on her own (though when a person enters without a visa, they sometimes do not get an EAD while the asylum case is pending). Take care, Jason
Hi Jason,
Can an asylee with approved asylum case, adjust status based on approved eb2 i140 instead of approved i589?
I have both and I prefer to do AOS based on eb2 application for many reasons!
I was in legal f1 status when I filed for asylum and then lost my status waiting 4 yrs for my decision. While waiting applied for niw i140 and its approved now.
If asylum is approved, you are in lawful status and so you should be able to adjust status based on EB-2 (assuming you are eligible for EB-2). I do not do employment based immigration, and so you should talk to a lawyer who does to be certain about this, since you do not want to start that process (and pay for it) unless you are certain it will succeed. Take care, Jason
Hi Jason
But doesn’t being status less for 4 yrs with pending asylum status affect her eligibility for EB-2 I485?
I thought only if you file I485 based on asylum, certain law/rules are not applied but if going for EB route, all rules apply even though she is an asylee?
Does being an asylee washes other immigration law violations which are enforceable for EB2/3 GC but not for Asylee GC?
I am not sure I understand the question, but winning asylum does clean up certain immigration violations and allow a person to adjust status. Not all violations are “cleaned” by asylum, and it depends on the specifics of the case. But a person with asylum would generally (not always) be able to adjust status based on an employment based petition. Take care, Jason
Hello everyone! My status changed from decision pending to application pending, does that mean anything?
I think it has no meaning; I am not sure why those messages change, but I have never noticed anything different between the two. Take care, Jason
Hi Jason!
I have my hearing court in October this year, this morning something change when i was check my case online, it’s said, There are no future Hearing for this case. Please help me to understand.
@Davidson, your case will be postponed. Same thing happened to me this year.
Josie, For how many Months they postpone your date
Court cases are frequently changed, and dates appear and disappear. It is a real problem and EOIR seems to have no disregard for the noncitizens who have cases in Immigration Court (or for their lawyers). In any event, it may mean you get a new court date or it may mean nothing at all. Check back in a few days or a week to see if the date reappears or you get a new date. You can also call the court directly to ask – there is a link under Resources called Immigration Court. If you follow that, you can find the number for your court and call the judge’s clerk or the receptionist. Take care, Jason
Dear Jason,
Thank you for your time and effort in helping asylum seekers. I applied for asylum in 2017 and received receipt and nothing yet. Ive been renewing my EAD since then without any problems except this time it says pending although its been 9 months since I applied for renewal, hopefully i will get it.
I have few questions if you have time please.
1. I am originally from india and my indian passport expired in 2018 and i did not renew it since then and i now do not have any type of id except driving Licence here in USA. If i have to travel outside usa to meet my parents in another country how can i do that?
2. If my asylum case denied what happens since i do mot have my passport? I read online that india will not renew passport for people who applied asylum. What are my options. I appreciate your answers very much.
1 – You would need to renew the passport, and this could have an effect on your asylum case. I wrote about that issue on May 25, 2022. 2 – You can appeal and try to win, but if you ultimately lose the case, the US government will try to deport you. You do not need a passport for that, and embassies can issue a document to allow you to travel home. I have never heard of the Indian government refusing to accept deported citizens of India, and so I suspect that you could be deported, even if you do not have a valid passport. Take care, Jason
Thank you so much for your immediate response, you are just awesome!
What happens if my case is approved but could not renew i dian passport. Can i get any document to travel with approved asylum or atleast after Green card? Can i apply for green card without passport after asylum approval? Thank you again.
If your asylum case is approved, you can get a Refugee Travel Document to travel. I wrote about the RTD in that same post (May 25, 2022). Take care, Jason
@Davidson Seven months. My hearing is next week.
DavidSon,
Same thing happened to my friend, postponement your court
Hi Jason,
Is it possible I apply for a job with an expired EAD copy and my receipt renewal shows 6months not 18 months.
Yes – I did a blog post on May 11, 2022 with links to the USCIS website that explains about the 540 day extension, and how that extension applies to everyone, even those whose receipt shows 180 days. Take care, Jason
Hi Jason warm greeting
My brother had individual hearing in July 27 in New York federal plaza.after his interview judge told him,his biometric is not clear so he again gave him another individual hearing date by September 13.his interview was good do you have any idea about this situation.does his asylum will be guaranteed? In what condition judges give another individual hearing date after first individual hearing done
Thank you
The next hearing may be to simply check whether biometrics are now clear and to issue a decision (the judge should have explained this). The judge could probably deny asylum without the biometrics, so maybe it is a positive sign, but I think most judges would not do that, so he really just needs to wait for the decision. Also, if the judge wanted any additional evidence or testimony from your brother, he should follow those instructions also. Take care, Jason
Hi
I have an asylum file that has been transferred to the court, and I have been in the United States for ten years. Is it possible to obtain green card by canceling of removal , and what are the conditions, is it guaranteed, and how long is it take to gain green card?
Maybe, but it depends on the case. To get Cancellation, you need 10 years in the US (prior to the time you received the Notice to Appear in court), you must show good moral character, and you must show that you have a US citizen or Green Card spouse, parent or child who will suffer extreme hardship if you are deported. These cases are often tricky, and so if you think you qualify, talk to a lawyer about it and have the lawyer evaluate the case. If you are eligible, you can apply for Cancellation and asylum (and any other relief you may be eligible for). Take care, Jason
Hello Jason and All Friends,
A derivative asylee who was on her father’s asylum application granted asylum and having a derivative asylee staus can petition ( sponsor) her husband to US before getting her green card?
Thank you.
JIbs
If a derivative asylee gets married before she gets a GC, it affects her asylum status and she will likely need to file a “nunc pro tunc” asylum application before she can get her own GC. She should probably talk to a lawyer about that. Also, a person in that situation cannot sponsor a spouse. The better path (from the immigration law perspective) is for her to wait to get married until she has the GC, and then get married and file for her spouse. Take care, Jason
As always, Jason, God bless you for thinking about us and helping people out. I am one of those people who filed in 2015, and tried to expedite 2 times and still no interview, not even a glimpse of answer…
Hopefully, these new officers will help. You might also wait a few months to see if they start working and then try again to expedite. I am not sure how they will prioritize pre-2016 cases or whether they will work on expedite requests for that pool of cases, but you can try and see what happens. Take care, Jason
Hi Jason,
I am an asylee and I filed form I-730 (follow-to-join) for my wife. It was approved by uscis on 1/24/2022. When I check uscis website, it says “your application was sent to department of state for visa processing”.
However, I have not heard anything from NVC as of today. Should I wait for NVC to send me a notice or something? Is there anything I should do in the meantime?
Thank you,
This seems too long – you can make an inquiry with the NVC about your case at this website: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html (you have to scroll down). Maybe that will help. Take care, Jason
Hello Jason,
My asylum case has been pending since 2015. My wife has recently become US citizenship. We are in the middle of sending adjustment of status through the marriage pass.If the asylum office sends the interview notice before the marriage interview and for any reason the denied the asylum case, how can I avoid this situation?( i mean I do not want to back and forth between court and USCIS which will cause delay the marriage process). at this time it is much more better for me to pursue the marriage case while my asylum case is pending in the asylum office. Do you think is it is better option to continue my F status to avoid the court pass? What is the consequences of denied asylum case on marriage case?( my asylum case is not fraudulent and my case is probably strong. My only concern is just delay the marriage case)can I withdraw my asylum case before interview or during the interview to avoid the delay?
Thanks
If you have valid F-1 status, you can contact the asylum office, provide proof of your status, and ask to withdraw the case. If you do that, they should eventually close your case. You could also potentially do that if they schedule an interview. However, if you do not have valid status and you close the case, they could send you to immigration court (which would not stop you from getting a GC, but it would make the process more complicated and probably require you to get a lawyer for help). If you do not have valid F-1 status but have a pending I-485 based on the marriage, I am not sure whether or not they will send you to court if you withdraw the asylum case. Also, be aware that if the asylum case is withdrawn, your EAD becomes invalid at that time. So it is a good idea to apply for another EAD based on the pending GC. Take care, Jason
Hello jason,
Do you think the officer who adjust the i-485 will look back at the asylum application and compare the info and dates? Another question please! Does the officer usually look at the asylum application only or also the the notes made by the officer who interviewed me cause i had wrong date on the asylum application and corrected it with the officer when i had my asylum interview and now applying for the GC and don’t know which date shall i put!?
USCIS does sometimes compare the I-589 and the I-485, so you should make sure those forms are consistent, or if there are inconsistencies, you should explain those in the cover letter. I think they will have access to the asylum officer’s notes if needed, and so you should put the correct date on your form. You can also provide an explanation about that in your cover letter (that you made an error in the initial asylum application but corrected it at the interview). Take care, Jason
Thanks jason for your reply!!
So you think just for 2 different dates between the i-485 and the asylum application they can reopen my asylum case again and cause me problem only for 2 different dates that are inconsistent between the 2 applications??? Have you ever seen that before? My case was solid strong with evidence and the asylum interview was only 35 mins and approved after 1 week after the interview cause the case was strong enough and clear
I doubt it, but I guess they could – you should just explain what happened and I expect it will be fine. I have seen USCIS ask about inconsistencies, but when we explained, it was always ok. Take care, Jason
Hi Jason
My afirmative asylum interview rescheduled by USCIS due to power outage. How long it take to get the interview notice?
Thank you
It is unpredictable. I would say if there is nothing in a few weeks or a month, you can email them to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I was referred to immigration court and waiting for my individual hearing for almost 4 years. If my case is granted by the immigration judge today. When will I apply for greencard?
1 year later
I found this article and it says it comes with grant.
https://www.uscis.gov/green-card/after-we-grant-your-green-card/granted-a-green-card-by-an-immigration-judge-or-board-of-immigration-appeals
From the day you get asylum, you have to wait one year and then you can apply for a GC. During the year, you have to be inside the US. If you leave, that delays the process (for example, if you leave for 1 month, you have to wait 1 year + 1 month from the date you won asylum until you file for the GC). Of course, you have to satisfy all the other requirements for a GC as well. Take care, Jason
Proposing to wait nearly a decade for your asylum interview is an absurd reality. I have a hardship to accept it mentally. From this point I think whatever changes happens it is on purpose,
I do not think it is on purpose, but the situation is a disaster, and USCIS’s failure to make common sense changes in order to make the process better is very hard to understand. Take care, Jason
Thanks, Jason, for responding. I appreciate your work and contributions to this process. However, it looks like immigration is not an urgent priority at this time. As you know, it is a matter of days to switch from LIFO to FIFO, as it was done in 2018. There is no reasonable logic behind LIFO when 100 people apply, and you can interview only 5.
I asked my lawyer the same question about when I should expect my interview. The reply was, at least I know it shouldn’t take more than ten years because this is the timeframe when most people can apply for cancellation of removal. So basically, devoting a specific number of asylum officers to cases before January 1, 2016 (cases pending more than 7 years) is not because of how they love or care for us but because they acknowledge that a 10-year time is approaching. They recognize that even if the applicant who applied on January 1, 2016, and gets rejected from the asylum interview, the applicant has a high chance of asking for the cancellation of removal and get green card at court due to an unprecedented backlog in courts (average 4-5 years of waiting).
While I think USCIS is a disaster, I do not think they are deliberately trying to avoid applications for Cancellation. There are a limited number of Cancellation GCs available each year, and so if lots of people applied and were approved, they would end up waiting years for their GCs. I think there was pressure on USCIS to deal with old cases and that is the reason they are doing it. I do not think they care about due process of law, and I think they will interview these cases however they see fit, and will often give very little time to prepare, but I guess I do not believe they will deliberately try to prevent applicants from meeting one of the requirements for Cancellation. Take care, Jason
Hi Jason,
Do you know if receiving rental assistance to pay rent will negatively affect naturalization in any way or form? For someone who won asylum…adjusted status to permanent resident… Also does any help at all negatively affect asylum applicants, asylee, asylee based green card holder?
It has no effect – there was never a public charge requirement for asylees. Also, the public charge rules implemented during the Trump Administration (which did not apply to asylees) have been suspended by the Biden Administration. In short, no effect. Take care, Jason
hi,
I have a complicated story about my citizenship here,
I’m a stateless Palestinian with a Lebanese travel document, I was born in UAE, I applied for asylum from Lebanon and was Granted Asylum last April,
I got my I-94 stamp with the wrong citizenship which is UAE, I went to the immigration office and they told me it came like that from the Immigration court and I have to change it from there first, I called the immigration court and asked to fix it as per NTA which mention my Citizenship as Stateless, they said I have to ask my attorney to send a motion and my attorney ask for 3000 $
There is any way to do that on my own? plz help 3000$ is too much for something and a mistake I didn’t do it
I do not know that you need to correct this – you have asylum and you independently have evidence of your citizenship status (or lack thereof). When you apply for a GC and later citizenship, you can explain this in those applications. I just do not see how this will affect you in any negative way. If you wanted to correct it, gather all the relevant documents, write an explanation about your I-94 being incorrect, and title it something like “Motion to Reopen to Correct the Record.” You can file that with the Court and a copy to DHS and request them to correct whatever needs correcting. I suspect they will ignore this, but you can follow up by calling them. Also, in terms of the EAD, you can provide the explanation for that along with the I-765 form. I have a feeling it will be easier to explain this in future applications than to get it changed now. Take care, Jason
Thanks a lot for your answer, I won’t do anything till the interview and I will explain everything thing for them ,
Now I have another question about my wife, She is from Jordan and she has to travel as soon as possible to the UAE to see her dad , He is in really bad medical situation, Can you help me to expedite RTD ? Can your office do that to help her to travel in max in 10 days ?
Thanks
We cannot assist for a case in that time frame, sorry. The only option is to call USCIS and try to get them to expedite it (800-375-5283), which can be very difficult. Also, check the RTD instructions (form I-131, available at http://www.uscis.gov), as it may be possible to submit the application and collect it at an embassy overseas. The problem is that in the past, you needed to wait to receive fingerprints (biometrics) before traveling. Now, USCIS does not usually require fingerprints if you have done them before and so in theory, you can file the form and leave the us (assuming you can wait 10 or 12 months overseas for the RTD), but now, since you do not know for sure whether fingerprints are needed, this is probably very risky. I think the best place to start is by calling USCIS and checking whether they can possibly expedite the case. Good luck, Jason
Hi Jason,
I applied for the EAD renewal and was charged for the EAD renewal. It is still in progress. At the same time, I was granted by court application. Do I need to make any application to USCIS to get my money back because the first EAD is free and it wasn’t issued yet?
I think it is impossible to get your money back. But you should get a new EAD (based on asylum granted) for free. You need to Google “post order instructions in immigration court” and follow those to get the I-94 and the new EAD. Take care, Jason
2017 was the crappiest year to file . We missed lifo and with this one we are the last priority .
I can’t argue with that, but maybe once we start to see the impact of the new officers, we will start to see light at the end of the tunnel. Maybe. Take care, Jason
Proposing to wait nearly a decade for your asylum interview is an absurd reality I have hardship to accept it mentally. From this point I think this is just on purpose.
Thank you Jason for such a great news and I agree with you about the returning to FIFO system.
Hello Jason,
Thank you for answering my questions in the past 5 years.
I applied for Asylum in May 2018.
I got interview notice in June 2018.
My case was approved in July 2018.
I applied for GC in July 2019.
My case was transferred to NBS in January 2022.
Finally I received my GC today, July 2022.
Interestingly my GC is for 11 years. not 10 years. any idea?
Maybe because it was back-dated one year, which should be the case for everyone who gets a GC based on asylum. Take care, Jason
EL,
Congrats on your greencard!
Thank you for sharing this news and congrats on the GC – it “only” took 4 years! Take care, Jason
Hello,
I received this message from Ombudsman “ We have received a response from U.S. Citizenship and Immigration Services (USCIS) indicating that it is still actively reviewing your I-589- Application for Asylum and Withholding of Removal and completing the necessary checks required for all immigration benefits. USCIS also indicated it cannot provide our office with a specific timeframe for resolving your case. Therefore, we are closing your case assistance request at this time.”
What does this mean ?
Thank you
EL,
I seems like you submitted (expedite) request to ombudsman. And they replied to you that they’re closing this case since you already received your greencard.
It means the asylum case is still pending and the Ombudsman is not going to assist you. The only option at this point (aside from emailing the asylum office to bug them) is to file a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Is that going to affect the cases that are in Headquarters with TRIG?
I think it will not affect such cases, at least as far as I can tell. Take care, Jason
Seeker, how do you know if a case is in headquarters with TRIG?
Hi Jason
Thanks for all what you do everyday to support the asylum seekers community through hardships and odds. By providing all those insights, we feel hopeful and at least understood by someone.
I have a question. Please do you advise someone with a court individual hearing scheduled in 2023 to apply for TPS now if he is eligible? Can a granted TPS has an influence on the Judge decision to grant asylum ?
Thank you.
If you have TPS, you can ask the court to dismiss the case. If that happens, you will not get a decision in the asylum case, but will remain here lawfully on TPS. If that is something you want to do, TPS can be a good idea. I would recommend talking to a lawyer about that though, so the lawyer can evaluate the specifics of your case. Take care, Jason
Thanks Jason,
The fact is that I have a pending asylum application in court and scheduled for Individual hearing in 2023. I also applied for TPS last month and it still pending. I would like to be granted asylum instead because I could unite with my family after 06 years separation and also be able to adjust statuts with a granted asylum. My concern is that if I am granted TPS before my individual hearing, could that affect my asylum decision negatively by the judge? Can a granted TPS affects a court asylum application or the opposite?
I do not see how TPS would negatively affect a decision. However, the judge and/or DHS may push to close the court case since you have TPS. If you filed asylum affirmatively and were then referred to court, you can refuse this option. However, if you entered at the border and were placed in proceedings, for example, he judge does have the power to terminate your case. You might go over the specifics with a lawyer if it is a concern. Take care, Jason
I have an Hearing court date on October but i have TPS, this morning i check my online it’s said, There are no future Hearing for this case
Thank you for this post Jason! My organization, the Torture Abolition and Survivors Support Coalition (TASSC) worked hard for this victory, along with RIF-NYC (New York City) Asylum Support; the Program for Torture Victims in Los Angeles, the Bellevue Program for Survivors of Torture in New York, Northern Virginia Family Services, and Eritrean-American activist George Ghebreslassie. And it never would have happened without your advice. Thousands of torture survivors and other affirmative asylum seekers who applied BEFORE January 1, 2016 will FINALLY be able to present their case to an asylum officer. Torture survivors themselves and other asylum seekers deserve much of the credit for this victory– they played a major role in our campaign. We are now working on Phase Two –we need 160 more asylum officers to interview people who applied in 2016 and 2017.
It was great working with you (for you!) and I do think this is a positive development. And yes, I am getting ready for phase 2. First, I need a nap. Take care, Jason
Yes, this is a major achievement and thanks for all of your hard work! Hopefully these interviews will commence promptly and these designated Asylum Officers will not be re-assigned to other duties unless there are real emergencies. I like the idea of having a certain number of officers only dedicated to the backlog while other officers continue to adjudicate current cases. Congratulations on highlighting this important issue and moving it to the forefront! Take care and best wishes.
Thank you – I think you worked on this issue as well, no? We shall see what happens. Take care, Jason
Hi! Thank you all so much for your hard work. I am a derivative asylum seeker who has been waiting for an interview since December ’16. I started college a year after I came here and as a matter of fact, I’m about to graduate from UC Berkeley in a year. I was wondering is there anything I can do to help? I am in San Francisco Bay Area.
Thank you for this. We did a post on April 7, 2021 with some ideas and an email address where you can contact TASSC about helping. You can probably also contact them through their website TASSC.org. Take care, Jason
Thanks for sharing Jason. Even though, like you said, there’s still a lot of unknown with this update, but it’s definitely exciting news for all of us waiting in the limbo!
With all of my respect jason but I disagree with you when it comes to LIFO as the USCIS needed that cause there’s a huge percentage of asylum seekers are just applying for the EAD not cause they have any fear! We all know it i even got shocked when i was reading comments on your website from long time ago! Thousands of comments were asking is it an issue to leave to my country and your answer was you can leave but you won’t be able to come back to the states! The courts are full of denied asylum cases so no way USCIS is being unfair with millions of people so they surely don’t deserve to get asylum! I guarantee you there’s a huge percentage of people have fraud asylum cases only to stay some years here and make some money so LIFO is the best thing the USCIS have ever made! Me myself applied in 2015 and got interviewed in 2021 but i don’t mind it as long as it protects the asylum process!
While fraud is a problem in asylum, LIFO does not do anything to address it. If it actually worked – in other words, if cases were quickly interviewed and denied – then I might agree with you. But since cases take years, including years in court, LIFO is not deterring anyone. There are better ways to combat fraud than interviewing new cases in the hope that they will be quickly denied – for example, targeting attorney who commit fraud – and USCIS should focus on that, at least in my opinion. Take care, Jason