This article is by Allen Schwartz, a former Asylum Officer who now offers consulting services to asylum seekers and attorneys. He may be reached at allen.schwartz@visaconsults.com or (305) 528-6474. Learn more about him at his website, www.visaconsults.com.
One year ago, I contributed to The Asylumist by submitting a post entitled Reflections and Advice from a Recently-Retired Asylum Officer. Now, as the number of affirmative asylum interviews continue to increase at Asylum Offices across the country, I would like to highlight some red flags that could occur during these interviews. A good number of these red flags may be due to Asylum Officer (“AO”) burnout and/or lack of sufficient training/experience.
First of all, some background. It is essential that AO’s conduct their interviews in a fair and objective manner. All AO’s are provided with extensive training and are instructed to be non-adversarial while conducting these very critical interviews. The AO’s are also instructed to examine each applicant’s written materials and oral testimony individually, applying asylum laws and regulations and paying close attention to country condition information.
At times however, after interviewing numerous asylum seekers (many from the same countries with similar experiences and testimony), AO’s may become cynical or worse yet, adversarial/non-objective. The AO position is indeed a very challenging one and sometimes errors or even incorrect adjudications can be rendered. Here are some key factors which might indicate that your interview was not properly conducted–
(1) The AO becomes increasingly impatient and does not allow the applicant to fully explain details of his or her claim. The AO can appear adversarial or fail to ask questions in a neutral manner. Examples of this may include telling the applicant to only provide “yes” or “no” answers when more explanation is needed, failing to ask for clarifications if and when needed, telling the applicant something like, “I know that you are lying so tell me the truth.”
(2) The AO overtly demonstrates a lack of interest in exploring all aspects of the asylum claim. Examples may include the AO appearing distracted, such as repeatedly looking at his/her telephone or watch, not carefully taking notes, appearing to nod off or almost fall asleep during the interview.
(3) The AO lacks an appropriate depth of knowledge of, or familiarity with, applicant’s home country. Examples may include AO confusing applicant’s home country with another country (such as confusing Turkey with Turkmenistan, Iran with Iraq, Sudan with South Sudan or Zimbabwe with Zambia). The AO may also be unfamiliar with current or recent country conditions and/or show a lack of interest in understanding the basic culture, language, customs or history of applicant’s home country.
(4) The time spent at the interview is either too short for a more complex case or too long for a less complex case. Let me explain. At the very least, the AO must review and elicit testimony on the I-589 form and personal statement for each applicant. An example of an inadequately short interview may be a complicated religion-based claim from the Middle East, which lasts an hour or less. In complex cases, the personal statement may be quite lengthy (10+ pages). Therefore, one hour is clearly an insufficient amount of time to address all the issues. On the other hand, a well-documented and concise (i.e., five-page personal statement) political opinion case from a repressive regime in Africa that lasts three hours or more may not be necessary. Sometimes AO’s extend interviews and put up barriers, so applicants become fatigued or uncomfortable. An interview that feels more like a lengthy interrogation is a red flag.
The above-mentioned scenarios are possible examples of AO burnout or insufficient training/experience which can affect the ultimate outcome of the case. If you as an asylum applicant or your representative (i.e., attorney) believe that your case may have been inaccurately adjudicated due to these scenarios, a request can be made for a reconsideration or re-interview.
Another example where a request to reconsider might be appropriate is where the asylum decision is factually incorrect or country conditions are not timely or relevant. This reconsideration request should only be reserved for the most clear-cut cases that are well-documented and warranted. I believe that asylum offices take these requests seriously and may result in a re-interview of your case.
In conclusion, although I believe that the vast majority of Asylum Officers are very well trained to elicit testimony, interview applicants, and adjudicate asylum claims, job burnout and lack of training/experience are real issues. These issues can lead, unfortunately, to erroneous decisions. Therefore, while we all should be heartened by the hiring of many new AOs and the increase of scheduled interviews, it is important to note that red flags can and do occur periodically during asylum interviews. Being aware of these red flags is essential in order to receive an unbiased, just, and fair asylum interview.
Currently I am offering my services to prepare pending asylum applicants for their actual interview by conducting full mock interviews. If you are an affirmative asylum applicant represented by an attorney or accredited representative and would like a mock interview just prior to the interview at your local Asylum Office, please contact me. If you are an attorney or accredited representative who would like an enhanced level of service for your asylum seeking clients, I would be pleased to assist them by providing a complete and confidential mock interview.
Hello, 2 days ago I had an asylum interview at the San Francisco asylum office. He asked me to swear that I would tell the truth and I did. And then he asked me if I had ever lied to him. When I applied for a visa I told the visa officer that I would come as a tourist and that I would actually come and apply for asylum. So I lied here because I was afraid to get a visa and also when I applied for a US visa the consultancy firm I worked for had previously got a visa from Germany and had been to Germany so I had a Schengen visa on my passport and the consultancy firm had said to write 1-2 more countries from Europe and then it would be easier to get your US visa and I said okay and the consultancy firm wrote on the ds 160 that I had been to 2 more European countries besides Germany and I told all of this to the asylum officer and I told them that I was lying because I had to escape the country as soon as possible. The officer was very respectful and friendly. First of all, we made the changes to the I 589 form. I applied for asylum 5 years ago and I graduated from a university here and I told him that I was currently doing my master’s degree at the second university and he made these updates and other updates. Then he said we are moving on to the 2nd part and asked me to give short and concise answers if possible. He started by asking me how many times have you been subjected to violence and I answered and then he continued by asking what was the first bad event you experienced. But he never treated me badly and he was a very polite gentleman. I answered his questions and he was typing on the keyboard non-stop. Of course he did not press me with very different questions, he asked me how many people attacked you in a fight, what curses they were saying, who was with you and I answered all of them in the way I experienced them and wrote in my defense. I also used my body language a lot unintentionally, that is, I showed how I was subjected to violence with hand movements and answered the questions. He did not ask me about all the events in my defense. In fact, he wrote a lot of dates in my defense and he did not ask what these dates were. In other words, my interview lasted 2 hours and 45 minutes and the officer did not say anything to me like you just said that during the interview. Before I came to the USA, I went to Germany and met with an asylum lawyer there and I could not apply for asylum because I was not a member of any terrorist organization or had any connections and I told the asylum officer that is why I had to return to the country where I was being persecuted from Germany. After I returned to the country, I continued to be persecuted and decided to leave the country completely and applied for a 2nd Germany visa and a US visa but I never used this 2nd Germany visa so I said I applied to Germany again to escape the country no matter where and I came to the USA. My lawyer said that the interview went very well and the officer was very polite and thanked me for telling the officer honestly about the lies I told to get a visa during the visa interview. But at the end of the interview, he generally did not ask me if I had anything to add. What does this mean? He also did not ask me about the effects of the events on me in general during the interview, he only asked at the end how much the psychological/emotional effect was and I said it still continues. I got a good energy from the interview but of course I am curious about your approach. What does it mean that he doesn’t ask me many dates, doesn’t ask me if there is anything I want to add at the end, and I honestly told the officer about the lie I understood above during the visa application? Thank you.
I think it was the right thing to do to tell him about the lie, as that does not normally block you from asylum, since you did it to save your life (there is a case about this called Matter of Pula). In terms of his questions and not asking whether you had anything to add at the end, I would not read too much into that. It sounds more like the officer’s style than anything, and they all do these interviews a bit differently. Maybe it is even a positive sign, if he had enough info to approve the case. We don’t know and there is no way to know until you get the decision, but it sounds like it went well, so hopefully you will get good news soon. Take care, Jason
At the end of the interview, the asylum officer gave me an appointment slip to get the result in 2 weeks. He said that since there was a mandamus at that time, the decision would most likely not be delayed and asked the person on the other end of the phone if this was mandamus. If he was going to make a bad decision, why would he say that it would most likely be delayed?
Delays happen for cases that are granted an cases that are denied. I think you really cannot know the result based on the interview, and so hopefully, you will get some positive news soon. Take care, Jason
At the end of the interview, the asylum officer gave me an appointment slip to get the result in 2 weeks. He said that since there was a mandamus at that time, the decision would most likely not be delayed and asked the person on the other end of the phone if this was mandamus. If he was going to make a bad decision, why would he say that it would most likely be delayed?
Hello Dear Attorney,
Can you tell me what you think about this?
I was interviewed last week by an Asylum Officer from ZAR here in Alabama where I reside. I went to the USCIS field Operations Office and was interviewed by a ZAR Asylum Officer that came to the states to adjudicate cases. My attorney was also present. My asylum is pending since 2016 after 9 years I was finally interviewed. The asylum interview started at 12:35pm with all 3 parts divided and ended at 4:10pm. Roughly 4 hours. The asylum officer was very respectful, and told me that she did not have any trick questions and if I did not understand any of her questions, that I should ask for clarification before responding, and also advised me that I should not answer any questions she asks with answers that I think is what she wants to hear, instead she said if I don’t know the answer, or don’t remember, it was okay for me to say “I don’t know or I don’t remember “ but that I should not guess or tell her things that I would think that she would want to hear.
During the interview, she was very calm, and maybe 3 times or 4 she stoped me to tell me that she doesn’t want a lot of details, but instead for me just to answer her question, as to why I needed asylum, and what happened when I was physically attacked. Like how many people, How do I know the same people that attacked me are the same that were calling me to make death threats?
She was typing all the time, asking me to make pause so she can type everything. In the end, she told my attorney that if he wanted to make a statement, and also asked me if I wanted to add something else… Then she said to my attorney that if his statement was too long then, he should email her. And she gave him her email for him to send any other information or document that he feels that she needs to see. My attorney felt like she was very reasonable and that the interview went well and that I was well during the interview.
But why she did not challenge me? She was taking all my statements without questioning or doubting at all. I am not sure if she was just reviewing my file and did not find contradictory statements…
Is this a sign that she is going to approve or reject the case? She said, I don’t think I will need a second interview; if your case is approved you will receive a notice in the mail and if not approved it will be sen to EOIR and a notice will be mailed to you.
What do you think happened there? The attorney said that he liked the interview and felt like I was able to establish credibility… But I have criminal record of CIMTs 2 convictions that I received for moth 11 months probation. And the asylum officer requested for all police and court records. I wonder if she may deny my case due to the criminal history, although my lawyer told her that they are not considered particularly serious crime and neither are aggravated felony. What’s your thoughts?
It sounds like it went well. The criminal convictions could be an issue, as a person must demonstrate “good moral character” and convictions are a negative factor. Eligibility for asylum, by itself is a positive factor, and maybe you have other evidence of good character. It may be that she has the evidence she needs to make a decision. Or possibly, they will need a second interview. But based on what you wrote, it sounds like a normal interview to me and it sounds like it went well. That does not necessarily mean the case will be granted, but it is a positive sign. Take care, Jason
Thank you for your response dear attorney.
And yes, at the end of the interview she said, I will not most likely have you come for a second interview, and please sign this paper as as you will receive the response in the mail. And yes, I have letter of character from my previous and current Pastors, people who knew about the transgressions 9 years ago, attesting that after the convictions 9 years have passed and I am not in trouble, including letters from Employers and Probation Officer who supervised me. She was never aggressive in her questions. She was very respectful, with me, and the counsel. And lastly she said, that she was the only person left in the building because it was past 4:00pm and no one else except security guards were in the building. But she indicated that there would not be any trick questions. She did not question anything to my wife although she was present all the time during the interview, and after we took Oath and she asked the general questions to me and my under age kids and wife, she asked me if I wanted the kids out in the waiting room as we may discuss about sensitive topics, and I said yes, and she took the kids to the waiting room. Overall the attorney said the interview went well. And said that he was very confident of a positive interview. I just don’t know what a negative interview would look like.
There are many types of negative interviews, and so there is no way to say how such an interview looks. However, if you did not get a sense that she thought you were lying, that is a good sign. Usually, you can tell when an interview is not good, and so I think you have a sense of how things went. Take care, Jason
Hi everyone, ican you please advice BECAUSE i am applying for asylum based on my sexual orientation.
I am fleeing from lagos city nigeria to JFK airport in the US ,
Do i need to present transit visa at the JFK airport ? Because i am seeking asylum on sexual orientation grounds , i have my application letter forasylum based on my sexual orientation, newspaper articles supporting my application
Once you are in the US, you can file for asylum. If you file for asylum at the airport, you will likely be detained. For how long, I do not know. Some people get out quickly; others wait for months until their case is decided. On the other hand, people who get detained generally have their cases decided in Immigration Court, which is usually a lot faster than the asylum office, so I guess there is a silver lining to being detained. Take care, Jason
Hello
I am one of the asylum applicants that worked with Allen Schwartz for mock up ,I got to know him probably a year ago through this asylumist blog , I later contated him. The concern number one I had was to get an interview scheduled.My application was pending over four or five years with absolutely no hope of getting an interview as expediting interview was denied. It was during a consultation with Allen that he told me about mandamus,he explained to me how it works.I was interested, and that time all I wanted was to see my case moving. Allen recommanded me a list of lawyer who do mandamus.I opted of filing mandamus against USCIS within 60 days US attorney agreed with my mandamus lawyer to give me an interview within 4 weeks and provide a decision soon after interview.Withing the agreement ,he USCIS gave me 3 different dates to choose from to do my asylum interview ,I chose one.
I had to prepare my case, get the remaining evidences and complete the mock up
Allen scheduled a mock up interview with me, and the mock up really helped me to increase confidence as I’ve never been interviewed ,mock up session was a powerful tool that gave me an idea of what is waiting for me in an interview.Allen went through all my story line by line , asking a lot of question in different way and he covered all my affidavit.The mock up was extensive and covered everything than the actual interview. I believe if you are able to answer questions of Allen mock up ,the asylum interview questions would be relatively easy to answer. And the most important it gives you an opportunity to correct and adjust whatever inconsistencies, or concerns that was raised during the mockup. During my interview I was really confident,I had adjusted whatever my story,I was ready to answer any question of the asylum officer. My interview went well , the asylum officer was really respectful, simply asked me about my story.After my interview I kept checking online status everyday.After exactly one week the status changed to decision was reached and had been mailed .3 or 4 days later received the letter and my asylum was approved after years of waiting .
Whoever is waiting years for interview especially those with no strong reasons or ground to expedite, the only and effective way is to file Mandamus, I believe any one who waited 3 years or more has 90% chance of getting interview by filing mandamus.I regret I did not file mandamus early on like after 3 years.The USCIS rarely file motion to dismiss especially if they know you have been waiting for long period of time. My sense is that it easy for them to give 2hours interview than spending resources and time to actually fight mandamus.
Congrats PVN. which office is this ?
@PVN Thank you, I was in Arlington asylum office.
@PVN Thank you. It was Arlington asylum office.
Thank you PVN, good luck on your new life in the U.S.
Hello, I filed an asylum case in 2015. I entered the country without a visa. My first interview was in 2017. From there they sent me to court. My court day changed 2-3 times. I got married in 2019. While waiting for the meeting day, they accepted my file. My lawyer is preparing to apply for a green card. what should i do next. What will my asylum case be? because I didn’t make a legal entry here.
In general, a person who enters the US unlawfully is not eligible to get a GC based on marriage. There are exceptions. Also, it may be possible to get a GC if you leave the US with a “provisional waiver,” but you cannot do that unless the court case is dismissed without a removal order. In short, I do not know how you will get the GC, and I think you should ask your lawyer how this is going to work, as there are different paths and it is important to understand how you will get the GC. Take care, Jason
Hello,
Congratulations! Can you please provide contact info or website? Is Allen Schwartz located in the DMV? Or where is his office
Thanks
There is contact info for him in the above article. Take care, Jason
Hello Jason,
Thank you for all your help. I have a pending EAD application (Category C08) with USCIS. USCIS let me create an account when I received my EAD receipt back to 10 months ago. Now I am moving to a new address and am kind of confused regarding how to submit my change of address. Should I file form AR-11 through the USCIS website, or through myUSCIS account?
I always do the change of address through the http://www.uscis.gov website, and so I do not know about doing it through your account, but I imagine that you could. As long as you change the address for both the pending I-589 and the I-765, you should be fine (and any other pending cases, if you have them). Take care, Jason
Hey Jason,
I have a question about traveling with Refugee travel document.
I’m anxious, and I’m wondering if you know of any experiences with traveling with an RTD as an asylee within the first one year.
My dad is sick, very frail, and elderly, I want to see him before anything bad happens, in a third country, not my home country, I will not be using my expired old passport, and I had a 2 month status gap before I got my asylum filed but less than 180 days.
I’m worried and I wonder how CBP reacts to Travel Docs? I had a non positive experience before at a big U.S. airport before with 2nd inspection. So I wonder if you know how this works now.
As long as the RTD is valid, you should be fine to re-enter. Some people get delayed because the customs agents do not know what an RTD is, but I have never heard of that lasting more than an hour or two, and even that is pretty rare. Not all countries accept the RTD instead of a passport, so try to check the country’s website or call the embassy to be certain you can enter the third country with the RTD. Take care, Jason
I reentered the US with RTD and the process took only 5 mins at JFK airport! The main struggle with RTD is not in the US hmmmm the struggle is when you’re abroad!! 70% of the airlines employees don’t know about the RTD so they will give faces like what the hell is that? and they will go talk to their supervisors before they print out your ticket and sometimes they will make you wait 20-30 mins to send an email to US. Customs to make sure you’re eligible to get on flight back to the U.S
I also had bad experiences in Germany with the cpi officer there as he was keeping flipping the RTD trying to see what’s that? He even told is that a new US passport or what hahaha! So the struggle is real but outside the US but in the end they will let go in if the country is visa free to The US RTD like ( Germany-Netherlands-Belgium) these countries 100% visa free to the usd rtd holders!
Enjoy your trip
Hi Jason,
I have a weird situation. My case is in SFO immigration court from 2019 and individual hearing is scheduled for April 2023 ( after getting rescheduled for many times). Now last week my judge got changed (i know it’s common practice) . The new judge name is I can’t find anywhere. It’s not mentioned on EOIR website or court website which was updated recently. I searched on google and there’s is no news about that judge for hired. Is there anyway to check about that judge. I’m just curious to find about any approval rates or so. She’s was an attorney before becoming a judge I checked on linkedln.
Please throw some light in this.
Thanks
The only place I know about to get data on judges is TRAC Immigration, but they only have data on judges who have served for a year or two or more. If you have a new judge, such data will not exist. In that case, if you have a lawyer, maybe your lawyer will hear news about your judge from other lawyers; that is about the only way to get an idea of the judge. Take care, Jason
Hi Jason,
I have filed for I-485 based on a grant asylum, the USCIS case receipt number start with MCS, which I believe means the case with Missouri Service Center (National Benefits Center), is that correct? Now when I’m trying to check case processing time at the USICS website https://egov.uscis.gov/processing-times/, it’s doesn’t give the option for Missouri Service Center, Only Nebraska Service Center and Texas Service Center, would you advise? Please note I filed the case on March, 30th, 2022.
I have another question, I submitted the medical exam report with the application, what is the validity of medical report?
Thank you very much,
Amigo
Yes, Missouri service center is NBC and there is any processing time for NBC and a properly and timely completed Form I-693 remains valid for two years from the date of the civil surgeon’s signature.
USCIS does not publish wait times for the NBC, and I am not sure whether the NBC is the same as the MSC. We were seeing wait times of 2 years or more for asylee green cards, but some people are reporting faster time frames (maybe 6 months). In terms of the medical exam, I believe that if you filed it with USCIS within 60 days of the date on the exam, it remains valid (I am not 100% about the 60 days, but it is something like that). If USCIS needs you to re-do it, they will let you know, but hopefully, that is not necessary. Take care, Jason
Thank you!
Hi Jason, thanks for what you’re doing for the asylum community. I’m an Asylee , my work permit expired a while ago. I applied for renewal and got an extension letter for 180 days. However, the 180 day is almost done without getting the work permit. I’m concerned if this might lead me lose my current job not sure what next step I should take. Much appreciated!
Asylees can work without an EAD (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). But also, USCIS has extended the 180-day period to 540 days for everyone who filed before their old EAD expired. I did a blog post about this (with USCIS links) on May 11, 2022. Take care, Jason
Hi Jason I have refugee travel document and I have used few months ago travel to Thailand and come back and officer stamped on it , I’m looking at my RTD now and the stamped on the document mentions that
(If you depart the United States you will need a prior permission to depart)
Do you know what this means or should I concern about it?
I’m going to travel again as it is expires on next year in March. Let me know your experience about it, also if anybody else had the same issue, plz share your opinion I would greatly appreciate that.
THANK YOU!!!
@suli
I just returned from Europe last month and in jfk airport they stamped my RTD with the same stamp you got! I don’t know if that’s a mistake or common !!
Hi @ASYLEEEE my friend I was also arrived at JFK airport, I’m hoping that it is a standard stamp for all RTD folks, I surely wants to know 2nd and 3rd opinion about that, off course who wanna screw it after come this far on this asylum process journey.
@ asylee
@ suli
If the stamp you are talking about says “ prior to departing united states you need permission to return” that stamp is normal I travelled 3 times and 3 times they stamp it like that. Nothing to worry about it’s part of the procedure.
Perhaps it is meant as a warning that asylees need the RTD to travel – the RTD is prior permission to re-enter, and while this is not needed to depart, you should have it if you plan to return, so maybe in that sense, it is prior permission to depart (ok, maybe this theory is a stretch, but it is all I can think of). Take care, Jason
I returned from my COP and used my RTD, but with a green card, and mine was not stamped. It looks like it is still required if you are still defined as an asylee until you get your green card.
@enroon
It looks like most of the CPI officers here and everywhere mess up things and don’t know what they doing!
I entered Germany with my US RTD and the German officer kept looking at the RTD like she never saw something like that before then she said you can enter and didn’t stamp it and when I departed from Germany back the US the German officer who has to stamp my RTD for getting out of the Schengen area was wondering why i didn’t have entrance stamp and he said the German officer who allowed you to enter made a mistake as she was supposed to stamp your travel document with entrance one so he said I can’t stamp you exit stamp cause you don’t have entrance one!!!! Man looks like the boarders officers everywhere don’t know what they doing they just keep F up things
Hey Enronn,
I have green card through asylum and wanted to visit my mother. Just got my RTD and ready to travel. Just wanted to know if you can share your experience about traveling with RTD to the country of persecution. did you have any troubles when you return to USA? Thank you
Hi Hakim, I documented my experience last month in the comments of the following article:
https://www.asylumist.com/2022/09/07/pattern-or-practice-of-persecution/#comments
I never noticed that, and I do not see why you would need any permission to leave – you can leave whenever you want. The RTD gives you permission to return to the US, as long as it is valid, so you should be fine. Take care, Jason
In Europe (Schengen area) they have to give you an exit stamp if you’re not a European passport holder! On my way to the US all the American travelers were boarding on my flight they all got exit Schengen stamp on their passports
Hi SULI, glad you were able to come back. Did you use your RTD to obtain Thai visa/enter Thailand (instead of your home country’s passport ?)
Hello Everyone,
I am here to give testimony to honor Allen’s hard work and thank Jason for helping me find him through this blog. Before my asylum interview, I was panicked because I have really bad anxiety and PTSD so when I am faced with any kind of challenge, or stress my anxiety skyrockets. Therefore, after completing a mock interview with my attorneys, who are awesome rockstars btw Erica Reilly and Dree Collopy, I felt like using Allen’s experience to mock interview me was the best way to calm my anxiety.
We scheduled the interview and I wish I can write a book on how accurate and spot on the experience was. You will feel at ease and very prepared to do your interview. He asked all possible questions (trust me just answer even if the questions sound like details u won’t normally pay attention to because it’s okay to say I don’t know, or kindly clarify.) , he explained the process, Also, contrary to all the information out there, Asylum officers are very nice and super kind. They are there to hear your story, as long as you tell the truth, you will be fine.
I highly recommend Allen, he is a very kind person and detail oriented. You will feel much better, and you will know what you are walking into. If you are going through the pending asylum period, it’s tough, trust me I know. However, trust the process and get expert help, it will be fine, I promise.
Also Arlington Asylum Office, they are hard working individuals with a heavy load, I waited about 7 years but once you walk-in there, you will understand that they actually have a lot of cases. My case alone took a few hours.
Just be prepared to answer tough questions and if you don’t know say I don’t know, if you don’t remember say I don’t remember, they are humans just like you. They get it trauma can cause a lot of memory issues.
Allen, Erica, Dree, Jason (even thought I have never communicated directly with you.), there is a lot of expert help, seek it, and enlighten yourself with knowledge against your fear and anxiety. It’s the only way to stay sane.
I do think this points to the benefit of preparing for the interview itself (as distinct from preparing the documentation for the case). This is very important. Also, you had a rock star team. Take care, Jason
My friend applied for asylum almost 6yrs ago. He was referred court to over 2yrs ago, he had his final hearing over 9- 10 months ago. The judge told him at the end of the hearing that he will make a decision and my friend or his lawyer don’t need to make any contact nor ask about the case or when the judge will decide but the judge will decide. My friend and I been checking online for court decision since but no respond or decision.
Have you had a situation like this before? How long did it take to get a decision? What was the decision?
What do you think might be wrong with my friend situation?
What might be the judge decision? And what would be your advice that we do or he do about his case?
Lastly with the judge advice not to call, write or ask about his decision but he will make a decision, do you think asking after 10 months might upset the judge?
Please advice. We been talking about this for long and I decided to ask you too, what could be the best way forward?
After 10 months, I think it is ok to reach out to the court. Call the court and ask for the judge’s clerk, and then ask the clerk whether there are any updates with the case (you will need your Alien number when you call). Hopefully, the clerk can check with the judge. You can find the phone number if you follow the link under Resources called Immigration Court. I have this situation now, and it has been impossible to reach anyone at the court because they will not answer their phone. I told the client to try on his own, since he has more time to call. I think the delay does not give any clue about the decision, and there is no way to predict when the decision will be issued. Take care, Jason
Hi Jason
I am dependent and I am in court my lawyer put my separate application in court same time with same judge with now me and my husband divorced so can I file my ead bcz I have my separate application already filed in court.
You can call 800-898-7180 and enter your Alien number. When the computer gives you options, push 2, and it will tell you how many days have passed on the Asylum Clock. If 180 days have passed, you can file for an EAD (also, if 150 days have passed and the clock is still moving, you can file for an EAD). Take care, Jason
Thanks for reply. So my case still will be in court or with USCIS as I was dependent on my ex husband’s case?
If the case was in court, it will stay in court, but you will have to pursue your own path to relief (whether that is asylum or something else). It sounds like you already filed your own asylum application, which is good, but I do think you should talk to a lawyer as soon as possible to decide how best to proceed with the case. Take care, Jason
How long is cancelation of removal from applying to getting green card , can it be used by affirmative asylum who been in US legally for 10 years , Either as a asylum or none immigrant visa
10 years combined F1 and affirmative asylum
Cancellation can only be used by people in Immigration Court. If the judge grants Cancellation, there is a wait list for a GC – maybe 2 years, but I am not sure. I had a client granted Cancellation in August 2021 and he is still waiting for the GC. Take care, Jason
But aren’t you suppose to be in US for 10 years before sent to Court
Yes – you have to have 10 years in the US before the US government initiates the court case (by issuing the Notice to Appear). Take care, Jason
Jason,
How long does it take to get cancellation of removal granted by judge from day of submitting request?
It depends on the judge’s schedule – it can be a few months or a few years. If the judge approves Cancellation, then there is another wait, as there are limited numbers of GCs available. I believe this wait is about 2 years. Take care, Jason
l read they only grand 4K cancelation a year . Probably Takes many years . Why the heck would they put limit for people eligible for green card
I thought it was more than that, but you are probably right. It is the law as passed by Congress, so Congress would need to change the law, which is very unlikely. When our case was granted in 2021, the judge told us that it was about a two year wait. We had another case granted a few months ago, but we did not get an estimated wait time. There is a work permit available for people waiting for a Cancellation case, so that can make the wait less difficult. Take care, Jason
Hello Jason and Asylumists,
Where can I find a list of the countries that I can travel to using a refugee travel document? I tried googling it but no luck. TIA!
I do not know about that – I think you may need to contact the embassy of the place you want to go, or check their website, to see if they accept the RTD. Take care, Jason
Hello Jason,
I sent last an email requesting an expiated asylum interview for the Arlington office.
I know the asylum office is unpredictable. But from your experience and recent trends, how long will it take to hear back from them either to acknowledge the request or the decision?
Thanks as always!!!
I just got a response to an email I sent them in July! Typically, if we do not hear back about an expedite request and it has been 30 days or more, we can inquire again. Take care, Jason
Hi Jason!
Do you know any reason why the immigration court will take so long to put a case back on calendar? Im just tired of changes of courts dates😔. My last hearing date was cancelled six months ago and till now ” No future Hearing Date” yet. We tried to expedite but still no answer yet. Im getting a little nervous to some news that i heard through blogs and immigration lawyers, sounds like thousands asylum cases in courts have been dismissed due to administrative problems and communication issues and some people don’t even know their cases were dismissed. Have you heard anything like this?
I have not heard about cases being dismissed without the involvement of the noncitizen or their lawyer. The courts are reshuffling lots of cases and the entire system is a total mess. I wrote about this issue on September 21, 2021. You can try calling the court to ask about getting your case back on the docket – maybe that would help. You can find their number if you follow the link under Resources called Immigration Court. Take care, Jason
Thanks Jason for the update.
Can you also provide updates on the current asylum interview schedule in Arlington office( I mean to say, what month/year are getting interviews right these days)
Thanks
Alex
I plan to do an update on the backlog situation soon. I was at Arlington earlier this week and it was probably the most crowded I ever saw it. I think almost everyone was from Afghanistan (based on a Congressional mandate, Afghan have priority for interviews). In terms of old cases, I do not know that they are interviewing any old cases, though they say that some new officers are starting who will work on older cases. All we know is that they will work on pre-2016 cases; they have not provided more detail than that. Take care, Jason
Hey Jason,
I was wondering why my asylum decision has been taking so long ( over 6 years), I now know why. I clearly remember that the AO would tell me things like just say this or that. Though my interview lasted over 4 hours, the AO repeatedly told me things like just say this or would cut me up short. Surprisingly my lawyer did not say a single word. Do you think we should have reported this to a supervisor?
I normally do not say anything in an asylum interview, as that is not the lawyer’s role. If the AO was abusive, then the lawyer can step in, but I have never had to do that (at least not in an asylum interview – I’ve done it in a USCIS interview). Also, I doubt the AO is the cause of a 6-year delay. I presume you have been inquiring about the case (if not, I wrote about that March 30, 2022). At this point, you might consider a mandamus lawsuit to force a decision – we wrote about that on October 2, 2018. Take care, Jason
But why can’t they just refer me to court instead? If the case TRIG do they let someone know about that? Doesn’t mean that my case will never be resolved?
If you do a mandamus, they can refer you to court if they cannot make a decision. Otherwise, maybe you can tell them that when you inquire. I agree that that would be better than keeping you in limbo forever, but I am not sure what their practices are in this situation. Take care, Jason
Hey Jason,
Thanks for everything you do. It’s Been almost 2 months I’m stuck abroad due to the fact that my refugee travel document got lost/stolen. The us embassy said they cannot help me because I’m just an Asylee and not a LPR ( green card holder ) yet. They said there’s no law that points them to assist someone in my situation. I contacted USCIS and they said they cannot help either and I should contact the us embassy. However, I went ahead and filed an application for a new refugee travel document and it’s been one month and a half that I’m waiting for a receipt number. My congressman said he cannot assist me if I do not have a receipt. I got confirmation from usps through my tracking number that my file has been delivered and signed for. I was able to talk to a tier 2 officer at USCIS and he said he cannot find my application. I’m literally going through a hard time right now as I’m sleeping outside and don’t have money to support myself anymore. What can I do? I’m so frustrated and desperate for help.
It is a terrible situation. I am not sure what can be done. Receipts are coming slowly, but usually not this slowly. Once USCIS accepts the case and issues a receipt, you can call them to try to expedite. Maybe your Congressman can help with this as well. I am not sure how long to wait before you can conclude that your RTD application is lost. I might wait a few more weeks. But if not, maybe you want to file a new RTD application with an explanation that the first application vanished. Once the case is processed, there is a good chance that you will not need to be fingerprinted (USCIS is re-using fingerprints in most cases) and that they will just issue the RTD. Also, I am surprised that the embassy is so useless. There job is to help Americans abroad, and while you are not an American, our country has decided to protect you, and so you would think the embassy could assist. Maybe your Congressman can reach out to the embassy? Or maybe you know some US citizens who are willing to reach out to the embassy to pressure them to help. I wish you good luck and please keep us posted. Take care, Jason
I did not notice this before – but I see that there is a special address to file the I-131 for an RTD if you are overseas. Maybe you already did this, but if not, the link is here: https://www.uscis.gov/i-131-addresses (under Refugee Travel Document Applicants). Take care, Jason
Dear Allen and Jason,
Thank you for sharing your experience with us. Jason, thank you for posting it on your blog. What should we do if our decision is pending after interview? My decision is pending for over 11 months. I do regular follow up with USCIS and at least once in a month do in-person inquiry. When I went to Asylum Office last week, the staff checked my case on the system and told me that my asylum’s decision is pending the supervisory asylum officer review. Based on your experience, how long will it take for the supervisory officer to review the decision? Thank you!
There is no way to predict the time frame, and long delays like this are – unfortunately – common, especially for men from Musim countries. Aside from inquiring, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Did you not say that due to “ unusual circumstances “ there’s nothing that can be done and mandamus won’t be helpful in this situation?
I think they sometimes fight mandamus cases, but for most such cases, they seem to reach an agreement to finish the case. I do not do mandamus cases, and so I do not have a great sense of this, but that is how it seems to me. Maybe talk to a lawyer who does such cases to get a better idea of how they are responding. Take care, Jason
You are absolutely taking the proper steps by regularly inquiring about your case at the Asylum Office. I would suggest continuing on this path and hopefully you will be given a decision shortly. Although exact time frames are unknown, I believe that it’s a positive step that a supervisor has your case to review. Keep checking and best wishes!
Thank you Allen and Jason!