USCIS recently released some new information to Congress about the affirmative asylum backlog, and–surprise, surprise–the news is not good. The backlog continues to grow at a record-setting pace, meaning that under the agency’s last-in, first-out (LIFO) policy where new cases receive priority over old cases, those waiting for an interview are falling further and further behind. Worse, USCIS has indicated that they do not have the resources to reduce the backlog, and they don’t expect to receive those resources any time soon.
Let’s start with the numbers. As of December 31, 2022, there were 667,040 cases pending at our nation’s Asylum Offices. The previous data sets were from September 19, 2022, when there were 543,000 pending cases, and December 31, 2021, when the backlog stood at 438,500 cases. This means that in only one year (2022), the backlog grew by 52%. Put another way, on average, the backlog in 2022 grew by 626 cases per day! That’s not even the worst of it. In the last three months of the year, the affirmative asylum backlog grew by more than 124,000 cases–meaning that on average, between September 19, 2022 and the end of the year, 1,204 cases were added to the backlog every single day! So not only is the Asylum Office failing to make progress on the backlog, the situation is getting worse at an unprecedented rate.
Many of the backlogged cases are quite old. USCIS says that 27% of pending cases were filed prior to October 1, 2017, meaning that about 180,000 cases were filed more than 5½ years ago (and some of those have been pending much longer than that). Remember that some cases include more than one individual, and so the number of people waiting 5½ years or more is probably over 200,000. Also, many of these asylum seekers are separated from their family members back home. These people relied on our country to protect them and their families from harm, and we have let them down.
Of course one reason why the longest-suffering applicants receive no relief is the LIFO (last-in, first-out) system, where newly-filed cases get priority over backlog cases. Since the Trump Administration re-instituted LIFO in January 2018, USCIS has claimed that this system deters fraud and helps slow the growth of the backlog. I have long had my doubts about this justification. Now, despite the massive increase in the backlog over the last year, in its message to Congress, USCIS continues to insist that LIFO is somehow limiting the growth of the backlog. Are they completely delusional? Even if LIFO were working as USCIS claims, how can that be used to justify keeping hundreds of thousands of asylum seekers in limbo for years and with no end in sight?
To be fair, USCIS has devoted some resources to older cases. In Fiscal Year 2022, which ended on September 30, 2022, USCIS completed 14,495 of the oldest cases (filed prior to January 31, 2018). Certainly, this is good news for those who were interviewed (assuming that they were approved), but it represents less than 10% of all the case filed prior to January 31, 2018. At that rate, most of the longest-waiting applicants will not complete their cases for years to come.
Also, USCIS was only able to devote resources to these older cases thanks to a $275-million appropriation from Congress in FY 2022. Unfortunately, according to USCIS, the FY 2023 budget “did not… include continued funding for appropriated positions for asylum processing or addressing USCIS backlogs.” USCIS notes that, “This will directly affect our efforts to address the affirmative asylum backlog,” and the agency appeals to Congress for additional funding in order to carry out its humanitarian mission. Given that Republicans control the House of Representatives, it is difficult to believe that this funding will be forthcoming. Recognizing the budgetary constraints, USCIS says that it is committed to “doing what it can with the resources it has to support our humanitarian mission.” That doesn’t sound promising.
I do have some sympathy for USCIS. The agency has been given an impossible task–to deal with a large increase in the number of asylum seekers, to adjudicate credible fear interviews at the border, and to prioritize Afghan evacuees over other cases (which is required by law). While the task may be impossible, USCIS has compounded the problem by doing such a poor job. It seems that all the agency can do is try to hire more officers, which they have been doing since 2013 to little effect, or beg Congress for more money, which has hit a wall. There are common sense ideas that could make things better, most notably, to return to the first-in, first out (FIFO) system where cases are interviewed in the order received. That system is more equitable, more predictable, and at least gives people some hope that they will eventually receive a decision. The agency could also re-think how it conducts interviews in order to make them shorter and more efficient, and it can create (and publicize) rules for expediting.
One final note: This week, Jews around the world are observing Passover, where we celebrate our journey from slavery to freedom. The holiday reminds us that escaping from danger is not enough. We must also reach safety and find a new home. This year, I hope that USCIS will endeavor to find bold and creative solutions to help those stranded in the backlog, so that they can finally resolve their cases, reunite with their families, and find the sanctuary and freedom that they have so long been seeking.
Good morning Jason ,
I filed asylum at chicago asylum office but then after 78 days i moved my case to San Francisco asylum office. Did moving stop the ead asylum clock. When will the clock restart. At interview or whem san francisco court receives my asylum file. If at interview thats not good cuz interview could take years maybe 5 years 10 years. Does that mean i would be without work permit for 5 years ?
Also when does asylum clock with uscis stop ? What circumstances cause it to stop how to restart it
Thanks
The clock is a big mess and so it is not always easy to know when it stops, but it would not be surprising if it stopped when you moved (assuming you informed USCIS about the move). As far as I know, the clock will not re-start until you get to the interview, but you can email the asylum office to ask about that – you can find their email if you follow the link under Resources called Asylum Office Locator. If you cannot re-start the clock, you can try to expedite your asylum case – I wrote about that on March 23, 2022. If that fails, maybe you can withdraw the asylum case and file a new asylum case, to start the clock, but I would talk to a lawyer before trying that, as it seems pretty extreme (if you did that, you would probably need to file at the Asylum Vetting Center in Atlanta, but withdrawing the case might also result in you being referred to Immigration Court, so definitely talk to a lawyer before you try this). Take care, Jason
Good afternoon sir, my asylum ead clock is 155 dats. I filed my case with uscis. Before i apply work permit. I would like to contact uscis if my clock is not stopped for any reasons. Is there way to contact asylum office or visit them. My juridiction of office is Tustin office which is LA asylum office.
Also if i apply work permit. My country passport is expired and as pending asylum seeker i would never reapply my home country passport and mess up my case. Can i use my expired passport as if for asylum work permit application filing. Instead can i use california driver license for undocumented plus national id of my country and birth certificate of my country without translation to get work permit. Thanks a lot
I think there is no reason to contact them – unless you missed an appointment, the clock is still going. I suppose you can try to email the local asylum office about this – you can find their email if you follow the link under Resources called Asylum Office Locator. You can use those documents for your work permit application. That should be fine. You do not need a valid passport. Take care, Jason
Hello sir, i applied asylum affirmatively with uscis but after 5 years living in usa due to stress and meeical condition . I have a few ??s.
I received receipt of asylum in feb 2023, biometrics done march 15, 2023. My clock day calculated from receipt date is 64 days.
1 How long can i expect to wait for interview ? My asylum office is Los Angeles Tustin Asylum Office
2 since i applied asylum after 1 year can i apply work permit after 150 days ? Do i need asap or casa membership
3 will i be referred to immigration court without interview due to late filing ? Will ead clock continue running after referral to immigration court ? Thanks
1 – There is no way to know, but people are waiting for years. USCIS tries to give people a fast interview, but if you do not get that in the next 2 or 3 months, it probably means you are in the backlog with 787,000 other cases. You can try to expedite – I wrote about that on March 23, 2022. 2 – You can apply for a work permit 150 days after the date your case was received (the date is on your receipt). The fact that you missed the one-year filing deadline has no effect on the work permit. You do not need to be a member of ASAP. 3 – Sometimes, they give you an option to skip the interview and go to court, but I do not know whether they still do that. If they do, you can always choose to have an interview. And you should do your best to overcome the one year filing bar – I wrote about that on January 18, 2018. If you get referred to court, it does not stop the asylum clock, but very few people get referred to court before they have the work permit. Take care, Jason
Hi Jason
6 weeks ago I put a service request as well as I sent mail with signed cover letter to USCIS for my daughter i730 petition typograpical error. USCIS responded via email to my service request by saying “please submit an amended application/petition”. My question Do I need to send again my daughter i730 petition?
Thank you
It sounds like that is what they want, but I have not tried that before. I wonder if it might be possible to do that via a USCIS online account (if you have one). I imagine sending it by mail to USCIS will be a real mess. Maybe you want to try another service request to ask for clarification, since this is unclear. You can also try to call them at 800-375-5283, though I am not sure they will be able to provide much information. I guess if you cannot reach anyone, you can send in a corrected I-730, but I would include a cover letter explaining what happened, copies of the receipt, copy of the communication with USCIS (the service request), and probably copies of all other documents you submitted with the original I-730. You might also want to talk to a lawyer for help, especially if you cannot get clarification from USCIS about what you should do. Good luck, Jason
Hi Jason
Thank you for your reply. Here indicated the email I got from USCIS service request for my daughter i730 typographical error.
“We have received your service request regarding your approved I-730. You indicated that you erroneously provided the wrong name on the I-730, and you would like to correct it. However, this case was approved, on March 13, 2023. Therefore, in order for your case to be processed as desired, you must submit an amended application/petition with the proper fees and signature.”
I am not sure what they mean – it is obviously a standard response, as there are no fees for an I-730. I think you need to get some clarity from them, or if you can talk to a lawyer, maybe a lawyer can research what needs to be done. It could simply be that you need to re-send the corrected I-730 with an explanation and evidence, and hope that they will process it in a timely way. Take care, Jason
USCIS Arlington, VA, received my I-589 Affirmative Asylum in August 2015, exactly 2814 days waiting for an interview, and without hope to be called. Is it possible they lost my file???? I went three times personally to the Asylum Office to ask, but they only check on the same website where I can do it. One time I bring new documents and I tried to deliver this, so they could take out the file where they keep it filed, but they told me that my file is in another building, and they couldn’t receive the documents. The person in the windows was a teenager (19). It is frustrating how nothing is moving. I read her other cases that were filed in 2017 – 2018 and they already get decisions, incredibly good for them. The most important thing in this process is to get a decision (whatever) and go to the next step (GC or Immigration Court). I don’t know how many people is the same situation like me. There should be a law that establishes that if your asylum application takes more than 5 or 10 years without obtaining a decision, it should be considered approved. After 10 years in another country, you already settled down, you had children, or the children who came with you have already grown up here. In addition, it would not make sense to make a decision based on circumstances that happened to you ten years ago and that perhaps do not even exist now and on that basis give you a denial. That is not humanitarian. Do you think a lawyer can help me move my case?
Thanks, Jason. Take care.
Greetings community.
Yours is probably one of the oldest cases that has not been interviewed, but there are many still from 2015 (and all the years in between) who are still waiting. You can try to expedite – I wrote about that on March 23, 2022. Maybe a lawyer will help with that (and with your case), but you can try to expedite yourself too. Good luck, Jason
Thank you for your answer Jason. What happen if I haven’t a humanitary reason for to request a acelerated interview? Can I to write a letter requesting the interview for the long time have been waiting to be called? Thank you.
You do not need any reason to request that they expedite, but if you have a reason (with evidence), the request is more likely to work. You can try expediting on the basis that you have been waiting a long time. Maybe that will work. Take care, Jason
Hi Jason.
Thank you for your answer.
Take care.
One more thing… I did a request for a FOIA just for to take a copy of my information (I don’t need it for an inmmigration process) this request could help to move my case?
Thank you Jason.
i doubt it will have any effect on the speed of the case, at least I have not observed that before. Take care, Jason
Thank you Jason. Take care.
Hello Jason,
I’m also still waiting on my interview since November 2015. I tried everything except expedite since I’m not qualified for it. Praying every single day for any news on my case, reading your Articles and people who leaves comments and I can see I am not alone. I hope this will somehow take any actions because it doesn’t seems fair. Thanks again for all your post.
Sincerely,
Giselle
The expedite process is very random. Maybe you have a better chance with a good reason, but anyone can request to expedite whether you have a strong reason or not (and I suspect you probably have reasons, since you have been waiting in limbo for 7+ years). Sometimes, I think the fact that the case is old makes it more likely to be expedited. Anyway, you can try if you’d like – I wrote about expediting on March 23, 2022. Take care, Jason
Thank you Jason for the reply, I will try to expedite as you suggested. I will update here once I hear anything from USCIS
Thanks sir
I learned a lot from this page . I got approved asylum in NJ immigration court . Thanks to all for good wishes for all asylee.
This platform can produce more knowledge and guide to people’s . How to win -win -win
Congratulations! And thank you for letting us know. We have posts on the benefits of winning asylum on May 16, 2018 and December 15, 2021. Maybe those would be of interest. Take care, Jason
Dear Jason
I filed an asylum application I-589 with the Immigration Court, State Attorney and USCIS. In the case of USCIS I sent first three pages to the USCIS Nebraska Service Center, Defensive Asylum Application with Immigration Court, P.O. Box 87589, Lincoln, NE 68501-7589. It has been more than three months since I sent it to the USCIS but did not get a receipt confirming acceptance. Do you know whom should I contact to find out about reasons for delay? Or are there any other means to expedite it? Thank you.
Everyone is having the same problem – we are seeing USCIS take 6+ months to issue the biometric notice, which is a real problem since many court cases are moving faster than that. An alternative is to do an FBI background check – you can reach out to the DHS Office of the Chief Counsel to ask about that. You can find their email if you follow the link under Resources. I have not tried that yet, but supposedly it is an alternative to USCIS, which is clearly failing in its responsibility here. Take care, Jason
Good afternoon, asylum community.
I would like to share my experience with my asylum journey and ask a question.
2012 – applied for asylum;
2014 – had an interview;
After many many calls and visits to USCIS office I was handed and denial letter in 2016 and referred to immigration court.
October 2018 – had a hearing with the immigration judge and granted asylum.
February 2020 – applied for Green Card. After many many calls and expedited requests my case was transferred to the local office and
April 2023 – I had a green card interview.
At the interview I realized that this was the first time somebody looked at my green card application in 3 years. The officer didn’t even know that I haven’t submitted my medical form up until I insisted that I haven’t and handed him the sealed envelope. It was a weird experience and it made me feel that he was making up questions just to ask me something. For example, he asked me why my middle name was spelled the way it’s spelled, asked why I took J&J Covid vaccine, why I don’t have children etc. I felt that those questions were totally unrelated to my application and were rather personal. I have no criminal record, good job, taxes paid etc. and I asked him why is my application was taking so long. He said he had to review everything (as he pointed to my immigration file) and they will let me know by mail in 120 days. Have anybody had similar experience and what can I do to expedite the process? It seems that almost 3,5 years is more than enough time to give me a decision. Thank you for any feedback!
Every immigration officer is trained. Those questions could be purposefully asked to make you trip…
My position is that I believe every question asked by the Service/IJ is intended, at least partially, to impeach the applicant, rather than establish/affirm the applicant’s eligibility of a benefit. Am I right in holding this view ?
I think you give them too much credit, but I do think that sometimes they are trying to look for issues. In most cases, especially with a GC interview for an asylee, they should just ask the standard questions (i.e., the questions on form I-485). Take care, Jason
GC applications have been very slow – I think if you check the online processing time at http://www.uscis.gov it is 3 or 4 years, though we have seen most cases in my area (DC, VA, MD) taking 2 or 2.5 years. At this point, I might just wait to see if you get a decision, but if not, you can inquire through the USCIS Ombudsman – a link is under Resources and they sometimes help with delayed cases. If that does not work, you can file a mandamus lawsuit to force them to issue a decision – we wrote about that in the asylum context on October 2, 2018, but the principle is the same. Take care, Jason
Hi Julia,
I had a Green Card interview, which wasn’t exactly like your experience but quite similar. My timeline aligns with yours as well; I received asylum approval after 2.7 years and applied for a Green Card in 2021. My interview took place in March 2023. The interviewer asked me all the questions from the application, but it was a brief and swift interview since he had more interviews scheduled. In the end, he pointed to the file and informed me that he would review it and call if any additional information was needed. I have been waiting since then, with no calls or updates online. My status still reads “interview scheduled.” Have you noticed any changes in your online status?
Hi, Soul!
My status says “interview was completed and my case must be reviewed”. Did they give you a paper, that says that the review will be completed in up to 120 days? That’s what I received at the end.
Hi JULIA,
I haven’t received any paper after the interview. I was informed that my case would be reviewed, and I’d be notified soon. However, it has already been 25 days, and I have not received any response. Oddly enough, my online status continues to show “interview scheduled.” Let’s keep our fingers crossed and hope that we both receive updates soon!
Hi Jason,
I have my upcoming final hearing on April 25th 2023. Can you please suggest few things that I should focus on? I have general overview of how the hearings go in court and anything in particular you can share would be helpful.
Thank you,
Alna,
they will ask in your application, You have to memorize every single word, They will compare between asylum office interview and your answer in the hearing, if you dont understand the question, Ask her him to repeat the question, 99% of the questions will be from the applicants and the evidences you have provided
Good luck
It really depends on the case, but certainly if there are problems with the case, you need to be prepared to explain those – the one year bar, firm resettlement, whether you are seeking asylum based on a protected category, etc. Hopefully, you have a lawyer who could help identify any problems and strategize with you about how to respond. Also, of course, you need to know your story – facts and dates. I did a post about what happens at the hearing on September 25, 2019 – maybe that would be of interest. Take care, Jason
Hello Me.Jason
Hello to everyone
I apply for I-485 base on asylum
USCIS-NBC. Lee’s summit Missouri
Jun /03/2022 Submitted application
Jun/06/2022 USCIS received application
Jun/09/2023 USCIS Fingerprints taken
Jun/29/2023 USCIS send RFE notice
Jul/20/2023 USCIS RFE was received
And yesterday finally
APRIL/14/2023 Case APPROVE
Hi A.S
Congratulations on your success
But Im little bit confused lol
All 2023 or mixed between 22and 23
I have submitted my GC application first of April 2023 , Fingerprint was taken April-10-23
? Do you think will get RFI next month ?
Thanks
@NAB
Hi.
I hope you received soon RFE.
Congratulations and thank you for sharing – that is “fast” compared to many asylee-based adjustments. Take care, Jason
Hi Jason,
Hope all is well,
Thanks for your help by answering questions for the people.
My question today is can I apply EB 3 while my case is pending at IC(not done even masteri hearing?
I look forward your answer.
Thanks.
Jhampa
You can start the process, but it is very unlikely someone in your situation would be able to get a GC without leaving the US, and this is often very difficult or impossible for people to do if they have a case in Immigration Court. I wrote about this issue in posts on August 28, 2018 and September 6, 2018, but you would need to talk to a lawyer to see what is possible, how it would work, and what are the risks. Take care, Jason
Thanks Jason for your response.
Appreciate.
I have applied for Travel Documents through my TPS .
Is there any problem or issues for those people whose close is pending at IC for Master hearing.
?
If not how long it takes to get the Travel document (Advance P)
I look forward your response.
Thanks.
Best
Jhampa
I do not remember how long it takes to get Advance Parole – you can check processing times at http://www.uscis.gov, but I think it is about a year. Also, I think there is danger in traveling while you have a case pending in Immigration Court. I have had clients do it without trouble, but if you leave, you technically deport yourself and so it may not be possible to return, or if you can return, it might affect the court case. Like I say, I have had clients leave and return while in court, but I do think there is some risk and that is best avoided. Take care, Jason
Hi Jason, I have referred to Immigration court back in 2019 and I applied online for I-765 renewal but from the drop down menu there I have chosen option Asylum applicant waiting for decision (999) but I should chose IJ- Referred to Immigration court option which I didn’t see that and I missed that unfortunately so how can I correct it? Is there anyway when you submit online then to contact USCIS and inform them about that and asking them to correct it?
Thank you,
Rex
I am not super familiar with online filing, but I think you can submit additional evidence online for the case, and so maybe you can submit a letter explaining our eligibility, which sounds like it is based on asylum pending, category c-8. Take care, Jason
Hey everybody, and thanks Jason for such a great job (keep this site up to date and running)
got a question, my Ex and I filed for affirmative asylum case in OCT/2015, yet pending, unfortunately we got divorced in OCT/2022 and I filed another asylum case (since I was a derivative on the old case) separately, how long it takes to hear back or receive the case receipt from USCIS.
FYI, I filed it with Vetting office in Atlanta GA.
Have a blessed day.
Receipts have been very slow in many cases – sometimes up to 6 months. Make sure that you at least have the mailing receipt. You can try emailing your local office to see if they have any record of your case – sometimes that works, and you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you Jason for your response, Also my GC issue date is September 2019 do I have to wait full five years before I can apply for the citizenship ?
If you got the GC based on marriage to a US citizen, you can apply after three years, but otherwise, you have to wait five years after the date on the card (assuming you meet all other requirements). You can mail the application up to 90 days before the 3- or 5-year anniversary. Take care, Jason
Hi Jason, My wife has arrived to the US last month (I-730), in this case this is the date of her asylum status started ?
I believe that is correct – the I-94 should list the date her asylum status began. So you know, under a new rule, it is not necessary to wait a full year to apply for the GC – so maybe she can apply sooner for her GC. I wrote about that on February 8, 2023. Take care, Jason
Hello Jason,
After 10 years lot of hurdles I got my citizenship last year through Asylum. Now I want to meet my grandparents in my home country if I travel to my country what’s pros and cons. Please i seek your advice.
Thanks,
Danny
If you are a US citizen, there is almost no chance that you will have a problem with your status in the US. That would only happen if the return trip caused the US government to think your original asylum case was a fraud, and in practice, it only seems to happen with people who are war criminals or other bad actors (it was potentially a bit more of an issue under the Trump Administration, but even there, it would have been very rare for such a trip to create issues). I guess you should be prepared to explain why you returned and how you stayed safe there, if you are asked, but I think it is very unlikely that you would be asked about this. Take care, Jason
I see the backlog issue has been raised a lot here. I think in the Service’s eye, they may think you guys are affirmatively seeking asylum, having EAD (and even tho renew is delayed, we issued 540 receipt)…so you are okay, right ? So we need to turn our resource and attention to more urgent issue, like the border crisis, people who are fleeing persecution in real time and needs our credible fear screening to cross. I think that’s part of their thinking, if they raise that argument…what would we say ? Cause I think their points are very valid, do we really have any good reason to prove that affirmative seekers are more worthy of attention ?
@JUSTIFICATION, I beg to differ. Aren’t you aware that a large number of these applicants have families still stuck in their COPs and these families live in fear every day? It is not always about the EAD.
Okay…
The service might say: But why don’t u bring them here at the first place. Why now ? They were okay before, so they are probably fine now.
I guess my point is it’s just not that possible for you to say somehow, you and your family, should come before a border crosser. You guys are more important. The border crosser could also live in fear everyday if they are stuck outside of the U.S. why do you think your fear for your family is more important than the border crosser’s fear
Hi,
Has anyone received an interview for their green card based on asylum? Jason, the question is for you as well. What do they ask? Thank you!
These days, I think most people are not getting GC interviews. Some are. They generally do not ask about the asylum case, or if they do, it is very minimal. They could, of course, ask whatever they want, so you need to be prepared for that and it is a good idea to review the asylum case prior to the interview. At most interviews, they just go over the I-485 and ask for the same info as on the form. Take care, Jason
I agree that that is what they are thinking. However, people are separated from family members, suffering extreme stress, blocked in their career, education, and life, etc. If our country is going to offer asylum, we should offer it – not start the process and leave everyone in eternal limbo. This is what I have been arguing for years (though my #1 argument is that asylum seekers with immediate family overseas should get interviews first, so they can reunite with their family). Take care, Jason
Hi Jason, I send expedite request for my asylum interview which is pending since November 2016 at Chicago, on February 3rd and on February 27th they send me a mail saying that I have been added to this office expedite list and an interview will be scheduled as soon as office ressources permit, so according to your experience do you know how long it will take again before they call me for the interview, and how long should I wait before I call or mail them to check again
Thank you again for your help
Good news. Can you please tell us how you were able to expedite your interview? What argument did you use?
Medical. I send a letter from my doctor about my mental health condition, and explain them how this delay is killing me inside. Also they approved it because I have been waiting for 7 years now. So now it’s been 1 and half month since and I’m still waiting hope they will call me soon
I do not know, but I suspect it may not be very fast. You might email them back to see if they can give you any more info (I doubt they will) or wait a month and if there is no news, email again and ask about potential wait time then. Different offices manage their expedite processes differently, and I do not remember how long the process takes in Chicago, or even whether it is predictable. Take care, Jason
Hi Izo Hama,
This is just from my personal experience. After I received the notice with the same wording than yours, I waited for almost 9 months to get the interview notice. Hope your case is different. Good luck.
Dear jason
I received my asylum approval in letter it says as of 3/23/2023 you are asylum was granted!! But today I received my work permit category A05 the issue date is 5/20/2022.
How comes the approval and EAD issued date is way different!!!
Which date should i count as first day of my approval!!
Strange. I think you have to go by the letter. Why the card is back-dated, I do not know. In any event, you no longer have to wait the full year before applying for your GC, so that is a small benefit – I wrote about that on February 8, 2023. Take care, Jason
My friend is an Asylum Applicant since April 2017, since she is a Liberian, we are wondering if we were right in applying for the Liberian DED EAD for her also. she applied Dec 2022 but have not gotten the DED EAD yet. what do you think might be the problem? or what do she do? even though she is working on the Asylum EAD, will that be the reason for the delay in getting DED EAD? She keeps asking me for reason. The message show Case Is Being Actively Reviewed By USCIS.
My understanding is that the DED program is over, and if so, she could not get an EAD through that program. Also, certainly Liberians were eligible to get a green card under the Liberian Refugee Immigration Fairness act, but I think the time to apply has passed. Anyway, maybe she wants to look into some of this to get a better idea about whether there are any other paths open to her aside from asylum. Take care, Jason
Dear Jason,
I’m waiting to get interviewed in one month.I filed a lawsuit in Los Angeles District Court in pro Se one month ago due to unreasonable delay(almost 8 years). I started volunteering in my church 5 years ago .I have a lot of proofs about my attendance and involvement in the church as a converted religion case.I want to ask my church to write a letter to asylum office .please give me your advice what I do ask them to write that will be beneficial.
Best wishes!
If your case depends on your religious conversion, they need to explain that you converted and explain why they believe your conversion is genuine (because you are practicing your faith and volunteering at the church for the last 5 years). I did a post about letters in general and that might help – it is from August 12, 2012. Take care, Jason
Hi Jason,
My interview is scheduled by the end of April after 7 years, I have a few questions. It would be very helpful for me if you can give your guidance and opinions.
1. Should I take any supplemental evidence that I want to give like updated country report, similar incidents happening at large that happened to me. My lawyer said it would be good if I take it by hand since it’s unlikely it will be received by asylum officers by post because how of the situation is in asylum offices.
2. How can I update the birth of my new child.
3. Is it necessary to take your kids with you for the interview , is it going to add value.
Regards
Sid
1 – Most offices require this information one week in advance of the interview, though they would normally accept it on the day of the interview (though if it is too much, this might cause the interview to be postponed). It is true that the asylum offices often lose documents you send them. For this reason, we mail one copy, email one copy, and bring one copy by hand (you can find their email address if you follow the link under Resources called Asylum Office Locator – don’t forget to include a copy of the interview notice so they can match the evidence with your case). 2 – Give them a copy of the birth certificate. We also try to provide updates to the I-589 in writing, including about new children, as that makes life easier for the officer – I wrote about this on July 6, 2022. 3 – If they are dependents on the case, they must go with you. If they are not dependents (for example, the new child is probably a US citizen), it is much better to leave them at home. Finally, I did a post on September 8, 2016 about the asylum interview – maybe that would be helpful. Take care, Jason
Thanks Jason for the helpful guidance.
I have one question , does it have an impact if the attorney accompanies you during the asylum interview?
Though attorney fees to accompany during the interview seems to be at the higher end specially when the interview is out of state.
Thanks
SID
It depends on the case, but normally, attorneys do very little at asylum interviews. It is mostly a conversation between you and the officer. On the other hand, if the officer is a jerk, they will likely behave better if you have a lawyer present. Most officers are nice, and it is rare that they act unprofessionally, but I guess if this is a worry, it is one reason to have a lawyer present. Take care, Jason
I am learning a lot from these discussions. My question is that is it possible to hand in your affidavit same day your immigration interview is scheduled?
It is possible, but it is not a good idea. We submit the affidavit and all evidence at least one week before the interview date. Different offices have different rules about evidence, and so you might want to check with your local office – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I am about to apply for my green card based on asylum but I am not going to take the covid vaccine due to religious and moral reasons (which was checked on the medical document). My medical report has been completed, sealed, and handed over to me by the doctor. I plan on mailing my documents (the entire package) to the USCIS on Friday, should I be concerned?
I have not done a religious objection to a vaccination, and so I am not sure. I suspect that if this is an issue, USCIS will send you a request for evidence, and that you will have an opportunity to explain yourself and (if needed) make a legal argument. If you reach that point, you would probably do well to have an attorney assist you, as it may be complicated to make such an argument without legal help. Take care, Jason
Thank you for your reply Jason. Is it common for all your clients filing for asylum greencard to must have gotten all the vaccines required or there might have been some exceptions ?
I don’t recall – most of them just get the vaccines, but I think I have had a few who did not for religious reasons. I do not remember anyone having a problems, but I don’t deal with this issue very often, and so I am not sure. I suspect that you will be ok, but in the worst case, if you get a request for evidence, you can see what it says and decide how to proceed (and whether you need a lawyer) at that time. Take care, Jason
Thank you Jason, I will probably be forced to take the covid vaccine to avoid any further delay and complications at this point.
Maybe check the I-693 instructions at http://www.uscis.gov, as those might discuss exceptions to the vaccine requirements. Take care, Jason
Hi Boyd
I have the same issue, I sent my application last month without my medical exam because I dont want to get the vaccine, What is the moral thing I can use
please give me an advice
Thanks
Jason, is there a moral aspect to taking, or not taking, a vaccine, or the government requiring such vaccine for immigration purposes? Is this something new? I am talking about the “moral” argument/reason being used a justification for not taking the vaccine. I mean, what could be immoral about the government trying to keep everyone safe by asking- not forcing you, by the way- to submit your vaccination record, with COVID vaccines included, as part of an application for a benefit that you are not required to seek- or don’t have to seek? Is the reason moral, religious or political? Furthermore, hasn’t vaccination requirement, something that predates COVID-19 and its vaccines, always a been requirement, even for those persons doing consular processing of Green Cards overseas? As well, and since the OP specifically mentioned the COVID vaccine, how would this person use religious reason(s) to justify not wanting to take the COVID vaccine when in fact s/he is perfectly fine submitting a vaccination record that shows s/he is current with the other vaccines- just not one that includes the vaccine for the COVID virus? Is it vaccines you are against for religious or “moral” reasons, or is it JUST the COVID vaccine? If the latter, good luck convincing USCIS.
I think the only “moral” argument relates to people’s freedom to note take the vaccine, but this is different from an exemption to the vaccine – Indeed, I do not think there is a moral exemption; only a religious exemption, and I think it would be hard to argue that you are ok with one vaccine and not another (but who knows? There are all sorts of religious beliefs, so maybe one religion believes it is immoral to get the polio vaccine, but the mumps vaccine is ok). I have not had to deal with this issue for a client, and so I do not know the specifics of the law or how difficult it is to get an exemption, but I believe it is possible and some people do it. Take care, Jason
Hi Jason,
I appreciate in advance for your response, i have a lawyer for my case which it has been postponed individual hearing twice, is that ok if i email my DHS officer ask about my background check or it has to be thru my attorney?, thank you so much.
I would have the lawyer do this. DHS is not supposed to communicate with represented people, and so they probably will not talk to you. Also, it is a bad idea to go behind your lawyer. Maybe the lawyer can send them an email. Take care, Jason
Hi,
As your experience how much usually takes for background check gets clear before immigration judge, i mean the longest time you have had to wait before immigration judge?
thank you so much.
Assuming you did the biometrics, most background checks are clear by the time of the Individual Hearing. Not always, though. I have one case that was continued two times due to the background check (so far, it has caused about 6 months of additional delay). Take care, Jason
Thanks for your response, i did biometric 6 years ago when i applied 589 form, and i had my individual hearing last December then march 2023 and then this coming June i am wondering if gets postponed again this is frustrating, and i do not why and for how many more times it will get postponed, why they do not think about people why they do not do it fast its been almost 6 months my individual has been postponed just for this reason.
I do not understand why this happens sometimes. If they want to postpone it again, maybe you can ask the judge to make a decision, and then if a problem comes up later in the background check, they can reopen your case if need be. Take care, Jason
Hello
I messed his asylum interview because I didn’t receive the interview notice then I received a notice that I didn’t appear to my interview and I has 45 days to take action and I did email and mail to Asylum office and it’s about one month that I didn’t get any response from Asylum office
Should I go to asylum office by walking and Explain for them ?
And is asylum office accepted walking if yes which day and time
Thank you
I would follow up with another email. You may be able to go in person, but each asylum office is different. In Virginia, for example, you can go in person any Thursday morning. I do not know about other asylum offices, but you can find their email and phone number if you follow the link under Resources called Asylum Office Locator. Usually, the offices give you another chance in these situation, so hopefully you will be fine, but it is important to keep following up. Take care, Jason
How could it be ? @Samir Did you check your online status ? and did you check your mail everyday ? did you turn on the USPS informed delivery ?
@Jason, I also want to ask about the consequences of like missing an asylum interview, do they just refer your to court ? I am about to be homeless and am kind of worried about that. I know that if you miss your court hearing, you will be order deported in abstentia…
Typically, if a person misses an interview at the asylum office, they notify you again, and so hopefully, this time, it will work out (and I suspect that the problem is often not with the applicant, but rather with the asylum office itself, as they are a disorganized mess). Take care, Jason
Pending affirmative assylum do USCIS have any heart ???? they can deny all the cases and send them to court by that at lease we are in court procedure having some timeline, USCIS is most inhumane institution born out of beurocracy.
Unfortunately, it is very easy to hide behind the bureaucracy, and we see that all the time. There is always someone else to blame. Take care, Jason
Hi Jason. My a friend who is Asylee abd filed i730 for his family, he granted i730 by uscis last week and cases sent to NVC. He not heared any thing by NVC yet. He moved to another address in same city today. My Questions are: 1. How he do change address at NVC? 2. How he check his family case status on NVC? By old USCIS Case number or with any new case number?
He should file a change of address with USCIS, using form AR-11, available at http://www.uscis.gov. For the NVC, that probably will take a few months, but they should contact him by email. You can inquire about a case at the NVC here: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html. The online form will indicate what info is needed for the inquiry, but I think it is probably too soon to get any info from them. On the other hand, there is no harm in trying. Take care, Jason
Hi Jason, I got approved for asylum and filed for my GC in Feb 2020. They followed up to ask for the medical exam in 6/2022 and I submitted that after a month but am still waiting on GC in April 2023. Is this a normal timeline for this or is there anything i can do to expedite?
GCs for asylees are taking a very long time, but this seems above even that. Mostly, we see the GC take 2 or 2.5 years. However, I think if you check the processing times on http://www.uscis.gov, your case is still within the “normal” processing time. You can inquire about the card – there is a link under Resources called USCIS Help, and another called the USCIS Ombudsman’s Office – you have to inquire with USCIS Help first, and if that does not work, try the Ombudsman. Given that the case is still within the “normal” processing time, I do not know that this will help, but you can try. You can also call USCIS at 800-375-5283. Finally, if you have a reason to expedite, you can try that – I wrote about expediting in general on January 29, 2020. Take care, Jason
You are not alone. I applied at same time you did, received RFE which I submitted right away back in September 2022. They keep transferring the case between service centers and now it’s in NBC. I don’t know what to do. It’s 3 years since I applied.
Hello, I applied for RTD based on asylum approval, I want to travel, but from what I see the processing time keep getting longer and longer. I applied 6 months ago but now they telling the earliest to inquiry is next year in July.
How comes a document which has a 1 year validity take nearly two years to process,practically the double time .
Is there any premium processing for the I 131 based asylum.
The RTD process is idiotic, and even if USCIS cannot produce the document more quickly, they could easily change the validity date so that it can be used for 5 or 10 years instead of one. In any event, that is how it is these days, and there is no premium process. You can try to expedite, which is not easy, but it may be possible – I wrote about expediting in general on January 29, 2020 and maybe that would be helpful. Take care, Jason
Hi Jason, Thank you for all of your advices.
I applied online for my 4th EAD card yesterday (pending asylum since 2016) and I got a receipt notice right away so my current EAD is only valid up to 10/2023 so this receipt will extend it automatically for 540 days after the expiration date?
Also, if he fee was only $410 and no biometric fee of $85 requested when I paid the application fee.
Thank you,
Rex
Yes – if you look at the receipt, it indicates that there is a 540-day extension (though this info is not as obvious as it should be on the document). The fee sounds correct – these days, most people do not pay the biometric fee. Take care, Jason
I noted all the good works you are doing for asylees in this country. Thank you!
I am in a relationship with a man from the Congo who recently shared that he is an asylee in a pending removal case. He has been in the US since 2015. He has an upcoming court case on April 26, 2023 in Chicago. What are his chances of being deported. He stated to me that he has a 10% chance of being deported.
Should I be overly concerned?
There is no way to predict his likelihood of success, as it depends on the case, how well he has developed the case, and the judge (you can learn about the judge and the judge’s approval rate if you Google “TRAC Immigration”). The case is coming very soon, and so hopefully he is ready. If you are a US citizen (or maybe even a green card holder) and he is eligible, that can often be a better, safer way to get a green card in the US – I wrote about that issue on August 6, 2018, but he would want to talk to a lawyer about this option, if it is possible. Take care, Jason
Hello Jason,
Can one adjust status in court if spouse is a green card holder?
My friend entered legally, filed for asylum in 2014 and his case was referred to immigration court in 2019. He has no criminal history and has been married to his spouse for over a decade and she recently had his green card through EB2. His court case is scheduled for 2025 and he is worried he will be deported if he does not win asylum in court. Is it possible for him to adjust his status in court come 2025, or does he have to do leave and do consular processing. Going back to his home country is not an option. Thank you.
This depends on many factors and he would have to have a lawyer look at the specifics. In most cases, it would not be possible to adjust status in court based on marriage to a person with a GC, but there might be some situations where it is possible (if he was here prior to December 2000, he might be eligible under a law called INA 245(i), for example). Also, he could potentially delay or dismiss the case to give the spouse more time to become a US citizen. If the spouse is a citizen, it is much more likely the person can get his GC based on marriage (again, it depends on the circumstances). My guess is that in this situation, it will work out for your friend, since he has two options, but he needs to go over this with a lawyer to see the best path forward. Take care, Jason
Hi Jason, when filling I 485 based on asylum, so I need to include a check for biometrics fee? I did biometrics when applied for asylum but that was 7 years ago. thank you
Unless you are under 14 or over 79 years old, you need to pay the biometric fee. Take care, Jason
thank you so much!
Hello Jason, I applied for GC based on approved asylum in 2020, 2 months before receiving my GC, I applied for travel document based on pending i485, I wasn’t checking its status but today I was surprised in Nov 22 ( 11 months after applying for my travel document) they updated my case with the following ” case was closed benefit received by other means ” despite the fact that I don’t have any other pending or approved I131, can you suggest what can I do at this point ?
Assuming you applied for a Refugee Travel Document, USCIS should have issued that document (if you applied for Advance Parole, that would be redundant with the GC and so would be denied). If you applied for the RTD, you may want to call USCIS and ask about what happened (800-375-5283). This is a pain, but if you can reach someone, maybe they can help. Otherwise, I guess you can apply for a new RTD using form I-131, available at http://www.uscis.gov. Maybe you can explain what happened and request that they expedite. Take care, Jason
Dear Jason,
I usually appreciate your contribution in helping us to understand many of the routine immigration processes. I have 2 questions:
1. The petition for my family members was accepted by USCIS on January 30th 2023 and within the approval Notices I reads “Approved and forwarded to the NVC for Visa processing”. Unfortunately, it is now April 8th 2023 and the I-797 have not yet reached the NVC office in New Hampshire. The NVC told me to contact USCIS, which I did without getting any feedback. What else can I do? 67 days are passed and the I-797 are likely still in USCIS.
2. What is the new waiting time for GC for an Asylee because it was said that GC processing would be speeded up in 2023
Thanks
1 – Delays at the NVC stage seem to be pretty normal, so this may not be unusual. It sounds like you inquired here already: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html. If the NVC claims that the problem is with USCIS, I guess you can try to call USCIS (800-375-5283). Also, sometimes your Congress person can assist with this situation and that may be worth a try as well. 2 – It is now possible to apply earlier than one year after receiving your asylum approval – I wrote about that on February 8, 2023. In terms of the processing times, you can check those at http://www.uscis.gov, but we are seeing most such cases take about 2 years. Take care, Jason
I talked to them via Emma and opened a case with them, however the agent who opened the case for me said that It’s probably because I applied for an advance parole not a travel document ( which is impossible ), I’m confident that I applied for a refugee travel document ( I know the difference between both ) and I will never select that option, and It’s very unlikely that I did the same mistake for both my wife and my applications, my question, that’s the only information the agent was able to give, she couldn’t open my application but she saw it that It was categorized as an advance parole one, my question do you know how do they categorize the application ? Is it a manual process or some sort of a smart scanning tool that would scan and process the application automatically based on that ? unfortunately I don’t have a copy of my application but I’m 99.99% sure that I didn’t select advance parole and this was my second time applying for a travel document not the first one so I know how to apply.
I really do not know about their internal processes. Hopefully, if they opened a case, they can make any correction – whether it is their mistake or yours. Good luck, Jason
I talked to them via Emma and opened a case with them, however the agent who opened the case for me said that It’s probably because I applied for an advance parole not a travel document ( which is impossible ), I’m confident that I applied for a refugee travel document ( I know the difference between both ) and I will never select that option, and It’s very unlikely that I did the same mistake for both my wife and my applications, my question, that’s the only information the agent was able to give, she couldn’t open my application but she saw it that It was categorized as an advance parole one, my question do you know how do they categorize the application ? Is it a manual process or some sort of a smart scanning tool that would scan and process the application automatically based on that ? unfortunately I don’t have a copy of my application but I’m 99.99% sure that I didn’t select advance parole and this was my second time applying for a travel document not the first one so I know how to apply.
Hi Jason,
I have applied for the Refugee Travel Document last year and on April 4th (a few days ago) the status changed to your application has been approved and then it changed to refugee travel document was produced.
Today, when I checked the status this is what’s shown: “At this time USCIS cannot provide you with information for your case. Please contact the USCIS Contact Center at 1-800-375-5283 for additional information.”
Is this just a glitch or? Do you or anyone else has had a similar experience?
Thank you.
@Maria
I’m not Jason.
But from my experience,around Monday you have RTD in your mailbox.
I have not seen that, but hopefully, it is a glitch. It is a pain to call them, but I recommend you try and see if you can get some clarity. Take care, Jason
Hi Jason
I should be scheduled for my GC interview soon which at thie point i just feel weak and part of me wants to go and the other part just want to cancel everything. I have a pending asylum since 2016. Reason of dilema is that my husband is uncooperative, emotionally abusive and i am drained. I do need the GC. I have not seen my sick mother in here seventies for 7 years. I wish i could see here for even 3 days. I have had problems in my life but the ones i am facing now are on another level, emotionally devastating given that i had struggled as a single parent the entire time i been here before i met him. GC , i need it but this is too much.
1. Is there any problem if i just quit and file for divorce without even proceeding with the GC interview? Because i am tired.
2. Can i wait and see if i get the 2 years GC then never renew it.
3. Is it possible to renew the GC after divorce? Is there an option like that or under what circumstances will they accept that? If they do.
Thank you
1 – That is not a problem. However, you may want to send a letter to USCIS or attend the interview yourself to tell them that the marriage is ending. The only concern would be if your husband went by himself and said that the marriage was fake (since this could have a negative effect on your asylum case). 2 – You could do that as well, but you would most likely need to attend an interview. 3 – Yes. You would file form I-751, available at http://www.uscis.gov, by yourself and ask for a “waiver” of the joint filing requirement (it is legally much easier to do this if you are divorced; if you are still married by separated, the legal standard is more difficult). In short, you need to prove that the marriage was true at the time you got married, even if the marriage has now ended. For this reason, you should save all the evidence you can that the marriage was true. Also, this is pretty tricky, and so you should talk to a lawyer about how best to proceed. Finally, if you have a pending I-485, you are entitled to a work permit/travel document (also called Advance Parole), which allows you to re-enter the US if you travel. I am not sure whether you got it, or whether you can get it now, but it might be worth asking the lawyer. You can also get Advance Parole based on asylum, but it is more expensive, slower, and more difficult to get. I wrote more about AP on September 11, 2017. Take care, Jason
Hi Jason
I got a question please how safe is it to go about the issue of marriage with a girl having a green card, Is this a safe route to facilitate my green card process.
thank you
A spouse with a GC can sponsor you for a GC, but you may need to leave the US to get it. You would have to talk to a lawyer to know for sure, but I wrote about this issue on August 28, 2018 and September 6, 2018, and maybe those would help. Take care, Jason
We are in 2023 Jason and USCIS backlog is just a pain to many familles and people seeking for legal status. Almost all types of applications are not moving forward. People are waiting years to have interviews scheduled in ambassies, people are waiting years at NVC, people are spending 5-10 years in asylum process🙉 Who will come out with a solution?? SAD
I think there are solutions that would help many people, but USCIS needs to be more bold and just get it done. They seem so unwilling to make any changes to their policies and at the rate things are going, they will never interview the older cases. Take care, Jason
@MJ
Agreed somehow that there is a huge backlogged cases, Nevertheless saying almost all type of applications aren’t moving forward is a bit harsh though and is not true at all .
Just today 04/07/2023 USCIS approved 1159 cases starting with IOE for I-485, 156 for LIN , 594 for MSC, 200 for SRC etc etc. Similarly
For I-765 Cases —-
IOE — 2435
EAC–544
LIN–775
MSC–730
SRC–124
WAC–264
Not to mention there are other approved cases from I-129, I-130, I-140, I-751, I-539, I-131 as well. So basically they are working a bit Fast If not super fast.
WHATT!
I got your point but compared to what have been sitting in different offices for years and what they receiving daily, numbers you provided are not significant. You don’t get a green with just one application,it is a process with full delays nowadays 🤔I will be more than happy if asylum seekers get interviews within a year or two and separated families get green cards within 2 years🙏
Some applications are moving well (N-400 forms, for example), but USCIS is a very troubled agency. This is not completely their fault, though they certainly share the blame. The asylum system is particularly bad, and is probably affecting over 1 million people (since many applications include more than one person). Take care, Jason
Did anyone see any comms from USCIS on I-131 travel document processing times? Their website saying 17 months. I’ve been eating for 11 month so far and every month they just extend processing time, so there is not even possible to require update about the case 💔
If you have a reason to try to expedite, maybe you can try that. I wrote about expediting in general on January 29, 2020. Take care, Jason
@EL
I applied for travel document on December 7 2022 and on January 4 2023 they had processed it. I am in Boston.
Hi Jason is it ok if I’m pending asylum to take a cruise to Alaska I saw that most cruises to Alaska make stops in Canada so I would just get off the cruise before they stop. I’ll appreciate any advice you have on this matter, thank you.
I really have no idea. It sounds like a bad idea to me. If some people get on in Canada, you may need to go through customs when you return to the US and this could create issues. Maybe you can ask the cruise line about how that works, or maybe find a cruise that only visits Alaska and does not go to Canada. Take care, Jason
If I were resolving this, I would approach it this way by allocating the USCIS human resources to provide relief inward out and at the end from within, split into two groups. Here is an example.
Say the backlog stretches over 20 years, from 2003 to 2023.
Split this into two groups. 2003 to 2013 and 2014 to 2023
Have a group of USCIS officers dedicated to 2003 to 2005 and another group from 2007 to 2005.
Then have another group 2008 to 2010 another group, 2012 to 2010
For cases 2013 to 2023, you do the same thing.
This will least clean up the backlog on older cases that have become lost with time.
I also think a definition of asylum really needs to be applied, are you truly escaping persecution or fall into the category of Economic migrant?
Economic migrant, you are gonna fall at the bottom of the list, don’t even want to hear it, just move along. If you jumped 5 countries to get to border, immediate turn back. When it comes to asylum, you need to be the quintessential candidate: its based on your sexual orientation, you are escaping war, domestic abuse/torture, human trafficking and smuggling, you are persecuted for your religion.
Don’t qualify: you don’t agree with Putin’s war, sorry, but you don’t agree with it now because there is a chance you might be conscripted. Back of the line and you are pretty much gonna stay there until we get through all the Ukrainian asylees. In fact, one way ticket to a European country, apply for asylum first in a baltic country or Europe, don’t be opportunistic because you think this is your only chance to get into the US because of Putin. So, brush up on that Spanish, in fact, Mexico for you for the next 10 years if you are so desparate to leave Russe. you can return to Russia once Putin loses. But right, now Ukranians are prioritized only.
We have been lobbying to get a dedicated group of officers to deal with cases that are 5+ years old (starting with the oldest cases). Supposedly, some offices now have such officers and so that may explain why 14K older cases were complted (though I suspect many of these were cases where the person left the country, got status some other way, or passed away). Anyway. we certainly need some creative solutions or this will never be resolved. Take care, Jason
ENRONN SIERRA, I like some of your points. I’ve maintained that, per US asylum law, anyone should be able to apply for asylum in the US, irrespective of how they arrive. At minimum, they should be afforded the opportunity to get a credible fear interview (assuming they are arriving at the southern/northern border). I am inclined to maintain this position because, more often than not, there are genuine asylum seekers among the “economic migrants”, or migrants who don’t fit neatly in the asylum framework or guide, and most of these asylum seekers do not have any other alternative than taking the trek.
With that said, I don’t believe the US government- and I am talking about both Repub and Dem administrations- is trying to make it easier/easy for asylum seekers. For those of us who had faith in the Biden administration, I honestly think it’s time we resign to the idea (unfortunately) that the US, even though asylum seekers are still winning asylum ATM, is no longer an asylum friendly country, and your path to asylum status/ asylum-based LPR status won’t be easier because there is a Dem POTUS. For, the asylum backlog (for affirmative applicants) seems to be growing at an exponential rate, a lot of the previous administration’s policies are still in effect (LIFO vs FIFO, for example), RTD applications are taking nearly 2 years to process (my application is still pending for over a year now), asylum based GCs are still taking forever to process, etc.
But, like you said, I think a lot of the “asylum seekers” coming from Latin American countries should seek asylum in countries like Mexico, Argentina, Chile and Peru, for example. Some of these South American countries, while they don’t necessarily have the most advanced or highly developed economies, are quite capable of absorbing some of these people claiming they are seeking asylum. Furthermore, they speak the language, and their cultures more closely align with these countries’ cultures. In any event, it does appear that many of these people are economic migrants who are attempting to abuse the US asylum system, and therefore making it, unfortunately, more difficult for people with bona fide asylum claims. As well, the US/Canada, in my opinion, shouldn’t be offering asylum/TPS to European citizens, especially citizens who enjoy the benefits of being part of the European Union. There are too many economically advanced countries in Europe that adhere to international asylum laws and policies (some of these countries have arguably better local asylum/refugee laws than the US), for people in Europe (Ukraine included) to seek asylum in the US. I don’t see how different this is from the Canada-US Safe Third Country Agreement, or requiring asylum seekers to file their asylum applications in the country they first arrived.
One well-known immigration lawyer once said that no country is safe for everyone all the time, and I agree with that. However, I also feel that we need to reduce the number of asylum seekers and deal with the older cases. To do that, we need to make some difficult choices – and these include choices that immigration advocates do not generally seem willing to make. I do think one area to look at is the firm resettlement issue. Many countries have agreements allowing their citizens to live in other countries, and so such people would generally not need asylum in the US. These agreements are knowable (they are not secret) and you would think the US asylum system would have this information and could reject applicants who have the legal ability to live in a third country. Also, as I have been arguing for a long time, we need to make some decision about how we want to handle migrants from Central America. I do not agree that most are economic migrants (though that is certainly a factor), but many of them do not fit easily within the asylum framework (they are fleeing gang violence or domestic violence). We should decide whether we want to offer such people protection or not, and then implement the appropriate legal policies. Take care, Jason
Yeah, you really do have a point, I do think more of Europe could definitely absorb most of Ukraine’s refugees. I am reading stories of some states in the US welcoming up to 40,000 Ukranians. And language barrier is definitely an issue, although anybody can learn English, its also a culture issue. Not every asylee is open-minded and willing to assimilate into western society. For example, I was watching a PBS news hour segment talking to young Iraqi’s about the 20th anniversary of the Iraq war. A young man working in a fast food joint said he quit studying because of all the corruption.
His aim is to migrate to Europe, he tried and failed before. He also said the solution to Iraq is to have a government based on the Koran. I am like, why the hell do you want to go to Europe then? Migrate to the UAE, Iran, Kuwait, Jordan. Yes, Europe might have opportunities but how are you gonna handle women in positions of power, men walking down the streets holding hands, LGBT pride events?
It’s funny how “the right of line” is one of the first ones to appear in history. You will tell a person trying to cut you off from the line to go to the end of it. Yet somehow policies like LIFO disregard that basic human right tossing thousands of people around like a piece of garbage.
Agreed – This is very basic. If you file sooner, you should be interviewed sooner. USCIS’s justification for LIFO is based on speculation and is doing incredible harm to people (and to our asylum system). Take care, Jason
Hi Jason,
With the backlog, I am worried to have an interview anytime soon. My question is, is it possible to apply for Ead and AP at the same time? Like combining applications. If so, would I have to pay for each application fee or just one application fee for both? I have a pending case but I have an important family activity I have to attend later this year.
I would appreciate your response.
Thank you for everything.
If you have a pending asylum case, you cannot get the “combo” card and you would need to apply separately for the EAD and Advance Parole. I wrote about AP on September 11, 2017. Unfortunately, the process has become very slow, and so if you wanted to travel this year, you would probably need to expedite the application – I wrote about expediting in general on January 29, 2020. Take care, Jason
Hey,
I have a hypothetical scenario. Given:
1) Pending affirmative asylum for almost 10 years. No interview yet
2) Got NIW EB2 approved no other non-immigrant status. Cannot adjust status in the US
3) Ask usics to refer case to court
4) During first hearing in court ask judge to grant adjustment based on i140.
Does judge have the power to adjust status like that? Is it feasible at all? What do you think.
Thanks
@MAX, this is interesting. What if the master hearing is 3 years out? Will you keep renewing the I140?
Anyway, let’s wait for Jason to reply.
If you are not eligible to adjust status with USCIS, you would not be eligible to adjust with the court. Maybe you can get your GC overseas – I wrote about that on September 6, 2018, but you would need to talk to a lawyer about the specifics of your case to see whether you are eligible and how it would work (and if, maybe, you would be eligible to get the GC without leaving the US – maybe under a section fo the law called INA 245(k)). Take care, Jason
See this article:
https://fivethirtyeight.com/features/biden-is-moving-right-on-immigration-will-that-hurt-him-in-2024/
Is it the case that Americans in general don’t like asylum seekers ?
So that Biden and the GOP both try to be anti-immigration ?
I did a post on January 11, 2022 where I discuss this issue, but politically, helping immigrants does not seem to improve a candidates chances for success. Take care, Jason
We have been for the interview since 2017, basically, we would have to wait 5 to 10 years more to get an interview.
There is no way to predict the time frame. USCIS really needs to make some changes to the process if it hopes to start making progress on the backlog, and so far, have not shown a willingness to do that. We shall see. Take care, Jason
Hi Jason –
Why RTD processing time keep increasing . Now is 17 months to receive 1 year TD . Based on what grounds / reasons does uscis accept to expedite your case? . If someone want to visit her family must wait 17 months? This is very frustrating that even for RTD you go through stress, challenge, and pain.
Hi Jason ,
Why RTD processing time keep increasing . Now is 17 months to receive 1 year TD . Based on what grounds / reasons does uscis accept to expedite your case? . If someone want to visit her family must wait 17 months? This is very frustrating that even for RTD you go through stress, challenge, and pain.
I do not know why this is so bad. I do know USCIS is opening a new processing center to try to help with humanitarian cases. It will assist with I-730 forms and U visas, but I am not sure about RTDs. In terms of expediting, I did a post about expediting in general on January 29, 2020 – maybe that will give you some ideas. Take care, Jason
Keep on trying to expedite, if you have any reason to do so and it’s matching one of the criteria’s. I’ve expedited mine (still took a year). Super frustrating, but we all chose this boat.
At this point, I think I am going to use my still valid COP passport to book my flight to Canada this summer and use my RTD to re-enter. I don’t want to book using my RTD because it will be near expiration by the time I am ready to travel. I believe foreign countries need your travel document to have more than 6 months available before you can travel.
Hi Jason, Thank you for the article, I applied for I-730 for my family and I checked online my cas was send to department of state a month ago but I didn’t receive any notice of approval from USCS ..
Hi Great
Can you tell me when you did file your I-730? How long does I-730 takes to be approved and to be sent to DOS?
I’m in the same situation but no updating message from USCIS yet.
Thanks
Hi PHOPE,
I applied my I 730 September 2022 Nebraska , January 2023 case transfer to taxes, March 2023 case was sent to department of state for visa processing
It seems to be taking a few months for the consular case to get started, but I think it varies widely depending on which office is processing the case. You can email the embassy directly to ask (you can find their email on the US embassy website for that country. Also, you can inquire with the NVC, which gets the case from USCIS and passes it to the embassy: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html (the public inquiry form). Take care, Jason
At this point, many of us who filed after 2014 and who are yet to received an interview have mostly given up. I am fortunate to have a legal status but at this point having filed for Asylum seems to be a net negative to my immigration prospects here. Awful state of affairs.