Dear Asylum Office –
Did you ever have an annoying friend who keeps wanting to tell you what’s what? Who couldn’t accept that you’re not interested in his advice about how to improve your life? Who blathers on about this-and-that without noticing that you’ve nodded off? I get it. But here I am anyway. The fact is, my dear Asylum Office, you’re a mess and something needs to be done.
Please don’t misunderstand when I say that you’re a mess. I am speaking as a friend. Or maybe a frenemy. According to your own data, there are now (as of December 2021) more than 438,500 cases pending at our nation’s Asylum Offices. Many applicants have been waiting for years without an interview and 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 efficiently or fairly. Luckily, I am here to offer some unsolicited advice about maximizing efficiency and protecting due process of law.
I should begin by noting that this is my second article offering unsolicited advice to the Asylum Office. In my first article, I suggested that workloads should be distributed more evenly across the different offices, people separated from immediate family members should receive priority for interviews, the expedite process should be standardized, and the validity period of EADs should be increased from one year to two. As observers of the asylum system already know, the only piece of advice that the Asylum Office implemented was the two-year EAD. So I guess I can claim credit for something. I still hope that these other ideas will be implemented, as they would benefit many applicants.
Today, though, I want to offer advice about how to utilize the 80 new Asylum Officers and how to more efficiently deal with Afghan asylum seekers. So my dear Asylum Office, here are a few more great ideas for your consideration:
Contact applicants before scheduling interviews: According to 2021 data from the Asylum Division, 39% of all asylum interviews were either “no shows” or were rescheduled. Presumably, most of these were newly filed cases (per LIFO, the last-in, first-out policy where new cases have priority for interviews). If 39% of newer cases do not go forward as scheduled, it stands to reason that for 6+ year-old cases, we will see many more reschedule requests and no shows.
I recently saw a couple examples of this in my own practice when the Asylum Office sent interview notices for two of my 2016 cases (how these cases were chosen for interviews, I have no idea). It turns out that both applicants had left the country. It took time for me to verify this, and by the time I informed the Asylum Office, it was likely too late for them to schedule someone else for those time slots. I expect that many pre-2016 applicants will have similarly left the U.S. or will have obtained status here some other way, or will simply have forgotten to update their addresses, and so they will not appear for their interviews and those time slots will be wasted.
Now perhaps the situation is not as bad as it appears, since the Asylum Offices overbook interviews in anticipation that some applicants will not appear. But this seems problematic. First, it is difficult to know how many “old” applicants will appear, and so it is unlikely that the Asylum Offices can estimate how many interviews to overbook, at least until they start to get a sense of how many older applicants show up. Second, to the extent that Asylum Officers prepare in advance, “no shows” are a waste of time. Third, reschedule requests use Asylum Office resources. If applicants need to reschedule (for example, because they are not ready for an interview that gets scheduled out of the blue), this wastes everyone’s time.
Thankfully, there is an easy solution: Call or email the applicant (or attorney) before scheduling an interview. This seems simple enough and my local Asylum Office (Virginia) actually does this once in a while. Contacting the applicant before scheduling the interview would reduce the number of “no shows” and reschedule requests. It would also enhance due process by allowing asylum seekers enough time to update their cases, submit additional evidence, and prepare for their interview. Advance notice would also allow busy lawyers to prepare for the case and avoid conflicts with other cases (or–Heaven forbid–vacations or family time). Touching base with applicants ahead of time would also help Asylum Officers, who could prepare in advance, confident that the applicant will appear for her interview.
Give enough notice for interviews: On a related note, the Asylum Offices are often scheduling old cases for interviews with only two or three weeks notice. This is not nearly enough time. In some cases, we lawyers have not been in contact with our clients for years. It takes time to re-connect. Cases and affidavits need to be updated, since the applicant’s circumstances and country conditions may have changed significantly since the I-589 was submitted. Pro se applicants may want time to consult with a lawyer.
Most Immigration Court cases are scheduled a year or more in advance. Why can’t asylum cases be scheduled this way as well? I understand that the Asylum Office has different priorities, such as interviews at the border, which make it difficult to predict officer availability. But this should not be the case for the 80 new officers who are (supposedly) devoted exclusively to pre-2016 cases. There seems no reason why cases for these officers cannot be scheduled with much more advance notice.
Shorter interviews for Afghans: The Asylum Offices have been prioritizing interviews for evacuees from Afghanistan, and so many Afghans are receiving interviews these days. Since Afghanistan has been taken over by Taliban terrorists, and since any Afghan currently in the U.S. would be in grave danger if he returns to his country, you would think that interviews for Afghans would not take long (“You are a human being from Afghanistan and you are not a terrorist?” “Approved!”). However, interviews for Afghans routinely take 3, 4, 5 hours or longer. We get lots of questions about problems the applicant faced before the Taliban takeover, and about whether the pre-Taliban police could protect the applicant. Given current country conditions, such questions are utterly irrelevant. Unless there is some concern about a legal bar to asylum, Afghan interviews should be completed much more quickly.
Finally, one bonus suggestion–Stop losing applicants’ files: When we have a client scheduled for an interview, we submit additional evidence for the case. Most Asylum Offices want that evidence submitted at least one week prior to the interview. Once the interview is scheduled, we gather and submit the evidence, with a copy of the interview notice, so hopefully our submission will reach the interviewing officer. We submit one copy by certified mail and a scanned copy by email. In almost every case, the officer does not receive either the mailed or the scanned copy. For this reason, we bring a third copy of the evidence to the interview and hand it directly to the Asylum Officer. This should not be necessary. The Asylum Offices need some way of receiving documents and matching them with applicants’ files. This seems like a no brainer, but it has been an on-going problem for years.
As the 80 new Asylum Officers come “on line,” I hope the Asylum Offices will consider better, fairer, and more efficient ways to schedule interviews, including some of these humble suggestions.
after june 2022 , as assulym seeker do not qualify for real ID , is this real that we cannot no longer fly domestic also? please help
You should be able to fly domestically with your passport. Also, I have not heard about asylum seekers being denied REAL ID driver’s licenses, though this is not something I have been paying much attention to. Take care, Jason
filed case on 2017 January still no interview has been scheduled , is there any hope? The relentless wait time is turning crazy.
They are hiring officers to interview old cases, though from what I know, they are starting with pre-2016 cases. You can try to expedite – I wrote about that on March 23, 2022. Take care, Jason
Jason &The Asylum Community,
After about six years of tedious and frustrating immigration process my family has got a derivative immigrant visa. I thank you Jason for your unreserved and compassionate help. My time line;
– January 2016 applied asylum
– End of June 2019 granted asylum (at court)
– July 2019 file a follow to join (i730) petition for my family.
– Early January 2022 follow to join (i730) petition approved,
– September 2022 family received visa
Jason,
During a closure of the visa interview the consular officer has gave my family a note describing need to make a payment of ‘Immigration Fee’ $220 for each family member. He explained orally too. When checking, these payment is for immigrants other than asylee derivatives. The purpose of the payment as explained on the note is for carrier and green card processing?? To Which is I am confused about. My understanding is, for my family to apply for green card they have to stay physically one year in the US. My question should I proceed to pay the required fee or not ?
Thanks,
Sambod
I have not heard about that before, and the amount ($220) makes me think this is for a Refugee Travel Document, form I-131, available at http://www.uscis.gov. I do not know why they need this document, as they should have other papers to enter the US for the first time. I might just pay it if you can, as you do not want to mess up the process after so long, but if you do not want to, you might talk to a lawyer about what it is or – if you can communicate with them – ask the embassy to clarify. Take care, Jason
Hello!
Thank you Jason for all you hard work for people like us.
I have one question.
Is it true that if a person has immediate relatives in the US who are waiting for asylum, he cannot get a US visa?
And by immediate relatives I mean parents and siblings. (Because they ask on the visa application if you have any relatives in the US)
That is not necessarily true. Depending on your situation, some US-citizen relatives (parents, adult children or spouses) can sponsor you for a GC pretty quickly. Siblings take much longer. US-citizen relatives can also write a letter or provide an invitation that might help you visit the US, but this is just one piece of evidence the embassy will consider when deciding whether to issue a visa. The relative cal also fill an affidavit of support, form I-134, available at http://www.uscis.gov, which might also help their family member get a visa. Take care, Jason
A friend of mine is asking if it is ok to return home to do a consular interview for employment-based green card because of not timely filed 589 prohibits AOS? Has anyone been successful in that since the passport need to be renewed and borders crossed and so forth? Maybe the 589 can be dropped to free up the space and remove the obstacles related to going back? There aren’t any other inadmissibility issues as entry was on J1 and unlaful presence shouldn’t have ever started even with the overstay of over a year.
I would be very careful about this. The person may have unlawful presence if the US government determines that he went out of status at some point prior to filing for asylum. Also, returning to the home country raises the issue that his original asylum claim was fake, and if the government concludes that it was fake, he will be denied an employment visa. I think it is imperative that he talk to a lawyer before leaving the US or trying this path. I did a couple blog posts – on August 28, 2018 and September 6, 2018 – and maybe those would help, but he needs to talk to a lawyer. Take care, Jason
Hello Jason, I have recently applied for Naturalization based on non-political asylum in late June 2022 and I received appointment now for October 10. It seems going fast.
What to be sure to bring to interview. Do I need to get any documents specific to Asylum case or no?
Thanks, wish me luck.
Naturalization cases have been going much faster lately (maybe 3 or 4 months), so that is good news. What you need at the interview depends on the case, but at a minimum, you need the GC, passport and birth certificate(if any), and divorce decree and criminal record (if applicable). You may need other documents too, depending on the case. Normally, you would not need the evidence from your asylum case, but I guess there is no harm in bring it that if you have it. Good luck, Jason
I have no criminal record at all. I am single too and derivative asylee. Is criminal record required for asylee?
Thanks,
We only submit the criminal record if there has been an arrest. I suppose if you have a document indicating that there is no criminal record, you can include that, but we normally would not (and if the document is from your home country, it might seem strange that a government who wants to persecute you would give you such a document). Take care, Jason
Dear Jason,
My case has been pending since 2015 and no interview scheduled until now. I already lost my F-1 status about 2 years ago. I have only pending asylum as of today. My current employer could apply for me GC. However, I have no status to adjust unless I leave the country. I feel so devastated and hopeless as I have no options left other than waiting asylum interview which is taking 7+ years now on. Recently, I am being very emotional that I cant see my family for almost a decade now and my mother is very sick in my country, not even able to visit 3rd country.
Is it possible I can apply AP before I have my interview and visit home country?
Cases from 2015 will be interviewed anytime soon? I have never been in a such situation that I feel more hopeless than this ever. Any advise would be appreciated. Thank you.
This situation is very terrible and there are many people who are suffering like this. It seems that the asylum office will start interviewing pre-2016 cases, so hopefully you will get an interview soon (I wrote about this on July 27, 2022). In terms of AP, you can apply for that and use it to travel while the case is pending – I wrote about that on September 11, 2017. I also wrote about the possibility of getting a GC based on employment on August 28, 2018 and September 6, 2018. Essentially, it may be possible under a law called INA 245(k), but you need to talk to a lawyer about that possibility (and, as I discuss in those article, be careful to understand the entire process and how it will work before you start). Finally, you can try to expedite your asylum case – I wrote about that on March 23, 2022 and March 30, 2017. Take care, Jason
Hire Lawsuit attorney and they can give you a interview within 1 to 2 months cost 5k
Hi Jason. I am an Asylee and Green Card Holder. I have no RTD. I have an urgent work out of USA, ( Not my Home Country). If i Travel on my Home Country Passport then will it not be a problem at the time of Citizenship?
Probably not, but it depends on the situation. I wrote an article discussing this issue on May 25, 2022 – maybe that would help. Take care, Jason
Hi Jason,
Are all asylee based I485 first sent back to the asylum office before scheduling for an interview? My friend had theirs sent to the asylum office then after they have sent it to field office and in que for an interview. Is that normal?
I am not sure about their internal processes, but if the online updates are to be believed, many GC cases do involve the asylum office in some capacity, and so I think this is nothing out of the ordinary. Take care, Jason
Hi Jazon,
I am an asylee with a pending AOS. However, I lost my refugee travel document during my short stay overseas. The USA embassy where I am says they cannot help. What can i do to get back to the USA? Also if someone stole it, could they use it to travel to the USA or any other countries? How can i stop that from happening? How can i protect myself from identity theft?
I am an asylee with a pending AOS. However, I lost my refugee travel document during my short stay overseas. The USA embassy where I am says they cannot help. What can i do to get back to the USA? Also if someone stole it, could they use it to travel to the USA or any other countries? How can i stop that from happening? How can i protect myself from identity theft?
The embassy should be able to help you – that is their job. Also, the embassy should help to ensure that the RTD is not used by anyone else. I would try to contact them again to see how they can assist. It would be helpful to present to them as much evidence of your status as possible, such as a copy of the RTD, copies of your asylum approval, EAD, etc. If they still refuse to help, you might talk to a lawyer in the US to assist or try your Congressperson. Take care, Jason
Hello Jason,
Thank you once again!
I want to renew my EAD. How much should I pay to USCIS for this? Besides I am a health worker. Do I need to send a copy of my license together with the application to enable them expedite the renewal?
Pls advise. Thank you
The for renewals is $410. They now automatically extend the EAD by 540 days if you file to renew while the old card is still valid (I wrote about this on May 11, 2022) and for this reason, I think it does not matter whether you are a healthcare worker, as I think USCIS will not expedite the renewal. Take care, Jason
Hi Jason,
I applied for adjustment of status based on approved asylum. I was informed my case is at a local office for an interview. Any idea how long it normally takes to get scheduled? Also, with a pending green card interview, would advice someone to travel with a RTD?
Thanks
We have seen most GC cases based on asylum take close to 2 years. However, lately, some cases are going faster – maybe 6 months or a year. It is difficult to tell, but it seems things are improving. In terms of travel, if you have a valid RTD, you can travel and return to the US. There is no problem with a pending GC case, though you have to be available if USCIS schedules an appointment. Take care, Jason
I am esylee and my father is seriously ill. I applied for expedite my RTD. Which is approved two days ago. How many days is processing time to get my RTD. I’m not sure they can reuse my fingerprints or need new bio matrices.
Hi Alyas ,
when did you apply for your RTD ?
We apply for my wife Fatheer he is so sick 2 weeks ago and still shoinf Fingerprints was taken
we applied Aug-15-22
Thankss
I do not know, as it is somewhat variable, but some people receive the expedited document very quickly. Maybe you want to follow up with a phone call to USCIS next week to ask about getting it done ASAP. The number is 800-375-5283. I hope your father feels better soon. Take care, Jason
Mine took approximately three weeks from the date I applied.
Applied in November 2021
Hello Jason!
I recently added my wife to my pending asylum case. She received biometrics notice and completed them on the appointed date and time. On the same day in the evening she received another biometrics notice but this time is was sent to the old address and was forwarded to us through usps. Receipt number and all of the information is the same, except the address, time and date of appointment. Does she need to attend the second biometrics appointment or should she skip it? Since she already completed biometrics two weeks ago. We’ve called USCIS and they told us to skip it. But she is still worried about them.
Thank you for help.
I never trust what they say, and so when this happens to my clients, I advise them to attend the appointment. I think it is not necessary, but my fear is that if they fail to attend, their case will be negatively affected. My thinking is that while it is annoying to attend, it is much worse to have the case denied, and so it is better to just go (even though you may get there and they will tell you that biometrics are already done). I just don’t want to take the risk, even if the risk may be low. Take care, Jason
Hi Sam,
If you don’t mind I wanted to ask which office handles your case? Your wife was able to apply for ead straight after doing the biometric?
Hello Jason
My application for naturalization (N-400) has been pending since the beginning of June 2022. Recently I received a notice from USCIS stating that the service can reuse my previously captured fingerprints and other biometrics.
When I checked the status of pending application on MYUSCIS it shows the decision time as follows:
Estimated time* until case decision:
approx. 6 months
I would like to know based on your experience does the above approx. 6 months’ time for decision start at the time the application was received and accepted (June 2022) by USCIS or does it refer to current time…?
Thanks
I do not know, but I believe they normally show the time since the case was filed. We are seeing N-400 cases move very quickly and have had a number of cases filed in April or May where the person is already a US citizen. So this seems to be a bright spot at USCIS. Take care, Jason
I can breath a sigh of relief now, the RTD has arrived. I feel like this is the beginning of the challenges ahead as I pay my final respects to my beloved mother. This is a sad reality of what happens when you embark on this journey called Asylum, uncertainty, doubts, family separation and potential death. In hindsight, I should have just risked it and visited my mother when I got my green card and deal with consequences later on.
Hi ENRONN SIERRA
I’m devastated at your loss. My heartfelt condolences to you,
Plz can you help me to understand the process of RTD expedite
We apply an emergency travel I-131 for my wife , Her dad is in death and life case 2 weeks ago and just today change thee status to fingerprint was taken
Plz how long did it take yo recythe travel document
I wish you a safe journey and I hope that it helps you and your family to heal. Take care, Jason
Thank you Jason.
Hi
do you know or do you heard anything about Covid vaccination for Medical Examination for GC
Its required now and I don’t want to take it ( not for Religion or allergies) But I don’t want
Do you think they will change this soon ?
I’m an Asylee from court and I will apply for GC Next April
I am not sure how you obtain an exemption to the vaccination requirement if it is not for religious reasons or medical/health reasons. Maybe check the I-693 instructions to see if that issue is discussed for Covid specifically or for vaccines in general. Take care, Jason
Quick question Jason. On asylum application one of the address history was erroneously written as from January 2015-January 2017 whereas the correct end date to that address is supposed to be from January 2015-February 2017. And now I am filling for green card based on asylum and want to correct the end date of that address. Will that raise a red flag or question from USCIS when comparing asylum application with green card application? Or it doesn’t matter.
I doubt it will matter as it is a small difference, but you can circle the question, write “see cover letter,” and explain the correction in the cover letter. Take care, Jason
Hi Jason, me and my wife both applied for I-485 based on approved asylum case in February, we both received the notice of action I-797C for the received I-485 forms, however only she received her form request letter for I-693 form while I haven’t received it. Also she recently got her green card in the mail while I haven’t received any. Do we need to additionally send I-730 form so I can receive green card too as her derivative even though they told me in February that they received my application for I-485?
If you are already a derivative, there is no need for the I-730. So if you were both in court and you were both granted asylum, or you both went to the asylum office and both received asylum there, you are already a derivative. It is very common for one application to go faster than another, even for family members who filed at the same time. For this reason, I doubt there is any reason to be concerned. If you have the receipt, the I-485 is pending, and if USCIS needs additional info from you, they will request that. Take care, Jason
Thank you for your answer, I understand, I just remembered that when we sent I-485s they returned my wife’s form coz she needed to add 1 signature, but haven’t returned mine coz I signed everything, mb that’s the cause? Also I recently sent my I-693 together with wife’s and she got her green card within a month after that while I have not got anything since receipt of I-485 , mb it’s cluttered somewhere at USCIS?
You would probably need to send your medical exam separately from hers, but even if it was not received with your case, USCIS would request it again if they need it. Also, related cases are very commonly processed at very different time frames, and so nothing here seems out of the ordinary. Take care, Jason
I don’t understand USCIS at all ,can you help me Jason i applied 2015 most of my friend were called .I don’t know how they do it .
Many cases from 2015 are still pending. As I mention above, USCIS has hired new asylum officers to work on pre-2016 cases, so hopefully that will help you. Otherwise, the only option is to try to expedite – I wrote about that on March 23, 2022 and March 30, 2017. Take care, Jason
Hi Jason,
I applied for my Adjustment of Status. But I did not send the medical report along the application.
Should I wait for USCIS to ask for it or should I send it now or wait a few more months and then sent it in?
I did my biometrics a week ago.
Thanks.
We always wait for them to request it; otherwise, it may get lost. Also, USCIS very recently issued an announcement for employment-based cases stating that medical exams should only be submitted with the initial filing or when requested, and so this is probably also the best practice for all cases, even cases that are not based on employment. Take care, Jason