If you are one of the 3+ million people waiting for your case in Immigration Court or at the Asylum Office, you might ask yourself, Why is my case taking so long? Of course you know the basic reason: Too many cases and too few people to work on those cases. But why is the system designed this way? Why can’t we have enough Immigration Judges and Asylum Officers so that cases are processed in a timely manner?
Here’s my theory: The system was purposefully created to make you wait.
What is my evidence for this claim?
Exhibit A is the undisputed fact that cases take years and years. My office has many clients at the Asylum Office who have been waiting six, seven, eight years or more. While the Immigration Courts have hired lots of new judges, and many cases are moving more quickly (often at the expense of due process of law), many other cases are stuck in limbo. My oldest court case involves a client whose case has been in litigation since the 1980s! (and no, I am not his first lawyer). I have many other cases that have been pending since 2013 and 2014. In fact, earlier this month, an Ethiopian client who filed in 2013 was finally granted asylum (during the long wait, his wife died and he lost touch with his children, who were initially displaced to Sudan, but had to flee when that country fell into civil war). If these cases took two or three years, I might agree that the delay is not deliberate. But when cases routinely take five or ten years, that does not seem accidental.
One reason why the U.S. government can get away with these long waits is that the applicants are not U.S. citizens. They have little power to complain, and the agencies that adjudicate cases have little oversight. In short, no one really cares what happens to asylum seekers. I am not saying that this is true for individual Asylum Officers and Immigration Judges, but it is true systematically. Somehow, when you put together a bunch of (mostly) good people, you end up with a horrible system. And so I suspect that one big reason these cases are so slow is because the agencies involved can get away with taking forever.
But there is more going on here than mere neglect and indifference. By making the system so bad, the government is trying to discourage asylum seekers from coming to our country and to block them from bringing their follow-to-join family members.
In a sense, you can understand the government’s logic. The asylum seekers in the backlog are in the U.S., and so they are safe from their persecutors. Whether their case is adjudicated today or in a decade does not matter. They have work authorization, and we are fulfilling our obligation (under international law) not to send them back to a place where they face harm. There is even an added bonus for some asylum seekers–some applicants will be denied and deported, and so every day that their case is delayed and that they are here is a benefit they should not have received.
Also, if asylum cases were adjudicated more quickly, it would encourage more people to apply for asylum, and would allow follow-to-join family members to come here faster. All that would increase the number of people coming to the United States based on asylum, which–it seems–the government views as a bad thing.
Finally, since asylum seekers are safe, the government can focus its efforts elsewhere, like at the border, where people are living in dangerous conditions. And so by putting “regular” asylum seekers on hold, the government is able to deal with migrants at the border.
So from Uncle Sam’s perspective, there are legitimate reasons to build delay into the asylum system.
In order to do that, the government has a number of techniques at its disposal. The most obvious is that they do not hire sufficient staff to process cases in a timely way. Even when they do hire more Immigration Judges, they re-arrange schedules and change rules to create chaos (what Judge Paul Wickham Schmidt calls “aimless docket reshuffling“), and that keeps cases from moving forward efficiently. Then of course, there is the LIFO (last-in, first-out) system at the Asylum Offices, where new cases get priority over older cases. Under LIFO, older cases fall further and further behind, as new applicants jump the line in front of them.
A few less obvious ways that cases are delayed include frequent changes to the law, which cause uncertainty among asylum seekers, lawyers, and decision-makers. When the law is not well-settled and consistent, cases get remanded and administratively closed and opened depending on how the legal landscape changes. All this causes delay. Also, given that we receive so little guidance from the Board of Immigration Appeals, many legal issues remain unresolved, which also causes cases to drag on through appeals and federal litigation.
Unfortunately, few of our leaders recognize the benefits that asylum seekers bring to our country or the damage that is caused by forcing people to wait for years on end. Until that changes, I fear that “the system” will continue to use delay as a method of deterring migrants from seeking protection in our country, and asylum seekers will continue their never-ending wait.
Hello Jason, I applied for my case in January 2020 and still waiting for an interview date. My husband who is also here with me has a good job and an option to apply immigration thru his workplace. Can you please guide me if that’s an option given his I 94 did not expire when I filed my case. Also is there any way for us to expedite our case as my husband is working out of state and we are frustrated as a family living away from each other every month as we are scared to move our case. Please advise thank you!
In terms of expediting the case, I wrote about that on March 23, 2022. The reason you are giving (that you do not want to move your case) is not a strong reason to expedite, so you might think of other reasons – I discuss some in that article. In terms of sponsorship by an employer, it may be possible either by leaving the US or maybe getting the GC here (probably based on a law called INA 245(k). I wrote about these options on August 28, 2018 and September 6, 2018, but he would need to talk to a lawyer about specifics, and have the lawyer map out, step by step, how he (and your family) will get from where he is now to having a GC, whether he needs to leave the US and if so, how he will return if something goes wrong at the embassy, and any other risks. Take care, Jason
Good morning Jason, I applied for asylum in March 2016, got my interview in December 2018, till now, decision is still pending. Some sites say this could be a good indication as it may mean the AO thinks there is a good basis for granting asylum and it is because sometimes security clearance/background checks take a while (I did work for the USG in my home country for 13+ years and moved around/visited different countries).
Currently I work for an NGO based in Boston, MA in a Senior capacity (due to the skillset that I have/level of education, thankfully!) and I came to know they were providing sponsorship through H1B visas for some positions, although some of these sponsored positions are not highly technical or require specialized skillsets (Program Assistant!). I inquired with my direct line manager about it, although unsure if they still do that, promised she will check with HR and the legal department. Meanwhile, she asked me to verify that this will not impact my current status and hence my EAD. Will it?
Also, the following questions come to mind:
1- Provided my employer is able/willing to sponsor, would that be a better option than being on a c8?
2- I am hopeful my asylum case will get approved (been in constant prayer about that:)!), if it were to happen during that adjustment process, is it possible to stop the H1B proceedings? Honestly speaking, I’d rather wait 1 more year after asylum approval than be in another 3-year limbo till I am able to apply for LPR.
3- In case my employer is unable/unwilling to do that, should I seek legal recourse to inquire and/or expedite my asylum case?
I know these are a lot of “ifs” but am trying to have good bases to make more informed decision(s) on how to move forward with this.
Thank you kindly for your help
AAH
Such an application should have no effect on the pending asylum case. You might try to push for a decision. I did a post on June 2, 2021 with some ideas about that. As to your questions: 1 – Maybe, though it may be very difficult to change status to H1b or to get a GC without leaving the US, and this may or may not be possible, depending on the case. I wrote about this on August 28, 2018 and September 6, 2018. 2 – If asylum is approved, you would want to cancel the H1b, since asylum is a superior (permanent) status. USCIS might also cancel the H1b since it would not be needed. 3 – Yes. You can do that whether or not you are pursuing the H1b. If you do plan to try the H1b, you should talk to a lawyer to see how that will work, whether you have to leave the US to consular process, and what will you do if you leave and something goes wrong with the consular processing (you can try to get Advance Parole as a back-up plan, but that can be tricky to coordinate with the time frame for consular processing). Take care, Jason
Hi Jason, thank you so much, very helpful!
My manager asked HR person who specializes in this, the response was I should give them a call so that I get answers to my questions. Will know more next week.
Thanks again
–AAH
Applied for asylum on January 2016
Interview with USCIS on November 2017
Case referred to court on March 2021
Master hearing on April 2022
Individual hearing was scheduled for June 2023 but now rescheduled to December 2024 because of ending Title 42 efforts which needed our judge to be replaced with another judge.
Not fair to make us wait for another 18 months. Really not fair after almost 8 years.
The courts seem to be in the midst of another bout of “aimless docket reshuffling” and I think it is happening frequently (at least two of my cases this summer have been moved). You can try to get an earlier date for the hearing by filing a motion – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason,
I applied for my asylum green card and the case updates showed the case is ready to be scheduled for an interview. Is that normal? I heard they only do the interview for the people who are suspicious…
The Trump Administration made a rule where everyone should be interviewed. That never fully happened, and the Biden Administration seems to have relaxed the rule, but some people still get interviews. I do not think the message you are seeing means you will necessarily get an interview, and even if you do get an interview, I do not think that means USCIS thinks you are suspicious. If you think there is some issue in the case, talk to a lawyer to review that before the interview, so you are ready in case USCIS does want to interview you. Take care, Jason
Thank you for your quick response. My case status shows “Case is Ready to Be Scheduled for An Interview. Based on the info you gave, it is not 100 percent for me to get an interview, right? Thanks
Right – I think that is a standard message and you may or may not get an interview. Take care, Jason
Hi Jason,
Thank you for all you are doing for us here. You are deeply appreciated.
Here is my question: I have been waiting for my pending asylum interview since 2015. It has not been easy…either way I am grateful to be here.
I was wondering if a pending asylum applicant can be called to a jury duty. I have been renewing my EAD praying and hoping for the D-day to come.
Could this be a mistake?
Thanks in advance for your response.
I do not know if the rules vary by jurisdiction, but as far as I know, a person with a pending case would not be eligible to serve on a jury. It is possible that a person could be called for jury duty, and then you would need to explain your status to them and see what they say. Take care, Jason
Hello attorney Jason. Good afternoon, i have 3 questions plzz reply sir.
1 Applied asylum with uscis. Receipt recieved since 107 days. 107 days in clock. When will interview happen ?
2 Applied asylum late after 1 year deadline i applied 4.5 years due stress. Came here on tourist visa . Will i be straight referred to immigration court without interview due late filing
3 can i go ahead apply work permit after 150 days with asap or casa membership. Will i be denied work permit due to 1 year deadline
Also i didnt give proofs of why. I filed late. I did give reason i applied late due to stress and trauma. But only 1 sentence explanation on i-589 at interview i will give detailed account of that. Will this also deny my ead thanks
1 – No one knows, but if you have waited this long, you are probably in the backlog and the only chance of getting an interview soon is to try to expedite. I wrote about that on March 23, 2022. 2 – You should try to get evidence and overcome the one-year deadline. It will not be automatically referred to court and it is worth fighting this, as you may win. You should probably get help from a lawyer. I wrote more about this issue on January 18, 2018. 3 – I think they are no longer denying work permits for people who filed after the one-year bar. There was a time when that would sometimes happen, but I have not seen that problem in many years, and I have only ever seen it in Immigration Court. Take care, Jason
Hello Jason,
If asylum case in pending for more than a year, can we approach congressman for help, if yes, I would like to know
1. What to ask congressman.
2. Does congressman help in enquiring or expediting case.
Having family away with a one year kid is taking toll on mental health both sides.
Thank you.
You can, and you do not have to wait a year. You can also try expediting on your own – I wrote about that on March 23, 2022. In terms of your questions: 1 – Use your state representative. There are links under Resources called Senate and House of Representatives, and those will lead you to your representatives. 2 – They may try to help, but I think it is no more effective than trying to expedite on your own. Take care, Jason
Hi Jason
I can’t type in alien number in the alien box on top of each page of i-485? Do I need to manually write it? Thanks
For some forms, certain boxes do not seem fillable, and when that happens, we just print them and neatly write the info by hand. Take care, Jason
Hi, If you open the form in Acrobat Reader, it fills out the box on top automaticity for you based on the A number in the form
Hi Jason,
I forgot to click on “I can read and understand English, and I have read
and understood every question and instruction on this
application and my answer to every question”. Rest of the application is fine. Do you think they will reject my I-485 application? Will they return the cashier’s check if they reject it? Thanks
I doubt it, but if they do, you will just correct the error and re-send it, so it will not cause much delay. Take care, Jason
Hi Jason, I understand that you mentioned the difficulty of expediting the EAD process due to the extension letter sent by USCIS. Recently, my dependent was laid off, and when applying for jobs, most recruiters do not proceed further once they learn about the expired EAD with the extension letter. We have already contacted USCIS regarding this issue and received a generic email typically sent for expedite requests. I was wondering if it would be appropriate to respond to that email with a cover letter, explaining the situation and attaching a letter regarding the layoff to address it as a significant financial loss. Thank you!
You can try that – and technically, a significant financial loss is a basis to expedite. I do not think it will work, and if the employer refuses to recognize the EAD, they are in the wrong. I did a blog post on May 11, 2022 with more info about this, including links to the USCIS website that maybe you can show the employer to convince them. Take care, Jason
Thanks for saying that !
Is there anything we could do to such employers ? I feel that they are freely discriminating without any consequences. How can we let these people walk around scot-free ?
The best thing is to educate them about the law, but I suppose the person can get a lawyer and send a letter to the employer. However, threatening your employer does not seem conducive to a good relationship. Sometimes, though, it is necessary. Take care, Jason
Im reapplying asylum after previously withdrawing it from uscis. Do i apply it with asylum vetting center in Atlanta. If so how long does it take for vetting center to issue receipt. Will after issuing receipt it will transfer case to my local asylum office ( Arlington )
You have to check the list of cases that are filed at the Vetting Center. You can find that in the Special Instructions on the I-589 web page, http://www.uscis.gov. When you file, you have to explain what category your case fits into, in order to show that the case is properly filed at the Vetting Center. Receipt wait time is not very predictable, but I have a case filed more than 2 months ago and we still do not have the receipt. Take care, Jason
Follow up question. How long does it take for asylum office to transfer asylum file to another office after moving case. So lets say it takes 2 months can i assume when arlington office recieves my file my clock will restart that way should i wait 2 more months before applying work permit.
I do not know that they physically move the case. The case is in storage somewhere (I think) and will be pulled out for your interview. How that all effects the clock, I do not know. Take care, Jason
Myself Patel. I have applied asylum by i-589 with asylum office. Fast forward when when my clock was around 2 months (61 days). House owner kicked me out. So i had to change my address . I filed ar-11 and also sent a written letter to asylum office that i moved. After that i never heard a reply from uscis. Now its 184 days. So i want to go ahead file work permit i-765 but im afraid clock is stopped . If the clock is indeed stopped by moving asylum office from LA office to arlington office. When does it restart ? At interview or when Arlington office recieves my asylum file.
If the move did not cause you to change asylum offices, there should be no effect. These days, it is not clear whether moving asylum offices will stop the clock – it may, but I am not sure. If the clock has stopped, it may be difficult to re-start. You can email your local asylum office to ask about the status of the clock – you can find their email if you follow the link under Resources called Asylum Office Locator. They may not give you any useful info, in which case, you will just need to file for the work permit and hope for the best. Take care, Jason
Hi Jason Great blog thanks for all you do!
Once Asylees received greencard they become lawful permanent residents that’s mean they no longer Asylees?
Correct, but it does not erase the asylum case and so you have to remain aware of that if you decide to travel using your home country passport or visit the home country. Those actions could cause the US government to question the legitimacy of your original asylum case, so you need to be careful. Take care, Jason
Hello Jason,
on May 23rd i received RFE to submit my medicals for my Green card based on asylum so i sent it out on MAY 28 and on May 31st the status of my case changed online to USCIS has received response Request for Evidence so now I’m so stressed and can’t wait to see your case is approved so from your experience how long does it usually takes to get decision after RFE was received by uscis ?
Thanks
It is usually pretty fast – maybe a few weeks or a month or two, but sometimes it takes longer. Anyway, the fact that they requested it is a sign of progress, so hopefully you will get good news soon. Take care, Jason
@JASON
thanks for your reply jason but omg few weeks !!!! wow i just keep refreshing the case status website like twice every 10 minutes!! wow looks like i need to forget about it before i get sick from refreshing the page 40 times a day!!! i hope they give me a decision soon just to move on in my life and not worry anymore about USCIS until i apply for the citizenship in 2026
thanks ,
It should come soon, but it is probably better to try to set that out of your mind for a while, since waiting for USCIS can drive a person crazy. Take care, Jason
@ADAM
I hop your online status changes to
Case vas Approved.
I am in the same situation like you.
My online status change on Aug.2022 to: USCIS has received response Request for Evidence, and since Aug. 2022, I’m still waiting
But every case it’s different and I hope your case approved in couple weeks
@A.S
WOOOOW that’s way too long how come you didn’t call them? wow the longest i heard was 3 months but is there something complicated with your case? is it based on asylum?
I am the same situation as @A.S submitted the RFE in September 2022. Still waiting. I485 was applied in March 2020. Waiting more than 3 years for GC.
If you are outside the processing time, you may want to inquire about the case – you can try the link called USCIS Help under Resources. If that does not work, you can try the USCIS Ombudsman (also under Resources). Take care, Jason
Hi Adam, when did you first send your i485 forms and when did you go for the medical? I am just starting to make the application myself so I am trying to understand the process and plan. Thanks.
@Wambo
I submitted my application i-485 in Nov 7 2022, they acknowledged receipt on Nov 13.
I submitted application for Travel Doc Dec 9, they acknowledged December 14.
January 5 they approved Travel Doc, received document on January 13.
February 22, they sent RFE and medical exam. (Was stressed af). Took me 2 months to put the RFE documents together.
Sent RFE and they received them on May 5.
June 6, checked status and it said i-485 approved.
June 10, checked with excitement and it says GC issued.
Haven’t stopped thanking GOD for the miracle.
JASON! I lived here my entire past 7 years reading and asking questions. Be BLESSED always.
Am in NY.
Congratulations! Your GC and travel document came faster than average, but even so, that was a very long wait. Thank you for sharing the time line, and hopefully we will see more GC cases moving “fast” like yours. Take care, Jason
If withdrawal of asylum is approved which i dont know yet if it is approved. Will asylum office or uscis send me a letter in mail confirming my asylum application is withdrawn ? How do i check or find out if my application is withdrawn.I sent a letter by writing to asylum office. Its been a few months and i can still see case status online Im leaving to my home country after withdrawal is done. The govt in my home country changed so i dont need asylum anymore. Will uscis also send my case to immigration court. Which has not happened yet.i check on eoir and they have no case of my a number yet
You should send the Asylum Office an email – you can find their email address if you follow the link under Resources called Asylum Office Locator. Also, I wrote a blog post about withdrawing on December 7, 2022 where I discuss this more, but if you leave before you case is withdrawn, it could result in the case being sent to court, which would potentially cause you to get a deportation order. That would make it harder for you to return here if you ever wanted to. Take care, Jason
Hello Good Morning Jason and Asylum family.
One of my friend’s derivative asylee child in US having green card application pending. His parents (Asylum Applicant) became US citizen. Their citizen status can effect his green card application?
Thank you.
JIbs
If a principal applicant becomes a US citizen before his dependent gets a GC, it is a problem. The dependent will need to file a nunc pro tunc asylum application to get asylum in his own right (as a principal). This is basically a formality, but it takes time to get it – potentially a long time. I wrote something about this on February 9, 2022, but the person should talk to a lawyer about how best to proceed. Take care, Jason
Hello Jason.
Thank you for the work you do.
Sadly that’s the reality. In my view, these tactics will only amplify the suffering of asylees but will not see a meaningful reduction in asylum seekers. It’s akin to treating symptoms and not the cause. Governments whose citizens are seeking asylum are the cause and should be held accountable and be pressurized to protect their citizens.
Unfortunately, politicization of asylum has left a lot of people forgetting that asylum is a humanitarian issue.
Take Care.
Thanks for saying that.
I think I am the only one who has ever said in this blog that the root cause are the persecutors. They are the ones producing asylum seekers, the U.S. asylum system and all that backlog in INS and EOIR…they are not the root cause…
So the real solution is to remove the persecutors…
Now I understand it’s impossible to remove persecutors and U.S. govt has more interest than enforcing human rights. But we shouldn’t let the media narrative dictating us that it’s the U.S. immigration system that is somehow at primary fault…their responsibility/blamability is at most…secondary…the principal criminal should the persecutors…the U.S. asylum system is at most an accomplice…
I would suggest asylum seekers and asylum advocates both could consider lobbying the U.S. congress to look at the punitive side of the system…e.g. if a country has ever persecuted, then all citizens’ visas should be denied. (The people that needs asylum from those countries can still try to cross border and pass credible fear interview. That door is not closed.) Yes, there are a lot of things that the asylum system could reform in helping asylum seekers, the assistance prong. But to really solve asylum crisis and all the problems…it unfortunately has to start with addressing the root cause…Otherwise, any kind of “reform” or “bipartisan bill” will not fix the problem. issues will emerge sooner or later. At the same time, all these persecutors get a free pass, continuing to produce asylum seekers. Just absurd imo: the U.S. asylum system, who are doing the right, but not the perfect thing gets repeatedly criticized by media by asylum seekers and their allies. but the persecutors, who are doing the wrong thing, I rarely see them getting criticized.
This is an important point – the US government theory (made explicit during the Trump Administration, but still applied in other administrations) is that making it more painful to seek asylum will deter asylum seekers. I agree that this is false and that it only increases the pain for those who are seeking asylum. Take care, Jason
True. Maybe the system would have worked if it was applied in the US alone. But a lot of countries have made it similarly painful to apply for asylum. So asylees have no alternative destinations, thus the numbers will remain high regardless.
Back in the day when asylum was introduced, violators of the 4 Geneva Conventions were punished in the form of moral outrage and sanctions. Right now, that moral outrage has shifted, it’s now being directed to asylees.
It also has to be noted that restrictions to asylum work against the principal of non-refoulment under international human rights law. Only that it’s not a judge ordering the refoulment, but the system is making asylees return to countries where they’ll face harm.
Take Care.
Hi Jason,
My EAD is expiring on MARCH-15 2024, category (C)(8). If I understand correctly, the earliest I can apply for EAD renewal is SEP-15, 2023 correct?
Also I can apply for EAD renewal online correct ?
Also If I apply for EAD renewal before Oct. 26, 2023 then I might be eligible for extended automatic extension if my EAD does not arrive on time correct ?
The earliest you can renew is 180 days before the current card expires, so that sounds about right. You can now file to renew a c-8 EAD online. If you file to renew before your current card expires, the receipt will extend the current card by 540 days, so that should give you plenty of time to get the new EAD. Take care, Jason
Thank you Jason.
I submitted asylum i-589 by mail got receipt and biometrics notice. After biometrics i was waiting for clock to end. I went ahead created an uscis online account. But now when i filed my i-765 work permit i forgot write my online account number info on my work permit application. Will it deny my work permit ?
If you filed the I-765 by paper, they should just send a paper receipt. You can link it with your account once you have the receipt number. Take care, Jason
Hello,
I am looking for a best number to talk to representatives of USCIS to request/ expedite EAD. If anyone has it can you please share?
Thank you in advance!
Because of the automatic 540-day extension, it is nearly impossible to get USCIS to expedite an EAD (I wrote about the extension on May 11, 2022). But if you want to call, the number is 800-375-5283. Take care, Jason
Hi Jason,
Thank you again for your response. My dad got the receipt notice (1st letter) but never got any other notice. We need to renew his ID but don’t know what to do. DMV told us tgat letter was good for 90 days.
The receipt itself should indicate that there is a 540-day extension (there is no other notice). If not, I wrote about this issue on May 11, 2022 and that post has links to a USCIS website explaining the extension. Maybe if you print those for the DMV, that will help. Take care, Jason
Thanks Jason.
Hi Jason, got my green card through marriage, do I need to completely withdraw my case before traveling to Europe? Or can I travel to Europe after sending the letter requesting to withdraw my case? I am confused .
If you are using your passport, that could raise issues about your asylum case – I wrote about that on May 25, 2022. I doubt that will cause a problem, but you should be prepared to explain why you used the passport. In terms of withdrawing the case, I wrote about that on December 7, 2022 and maybe that will help. I think you do not need to withdraw the asylum case to travel, though it would be better to try to withdraw it as soon as possible, since it is no longer needed and maybe it would cause some confusion upon re-entry (though again, I doubt it, since you can use the GC to re-enter the US). Take care, Jason
Hi Jason! I am following you for years already.
I was granted asylum by USCIS.
My father wants to visit the U.S. for business and tourism.
I got denied for B1/B2 visa already twice. The only question they asked him on the interviews was about how I came to U.S. They even did not asked him about the purpose of his visit.
My father doesn’t know all the details.
For a third time I am preparing a brief written explanation about my status.
But do you think they are intentionally are not issuing visa to my parents because they don’t like an asylum seekers? Are my parents barred from coming to the U.S. because of my asylum status?
I would think it will be very hard, tough not absolutely impossible for your relative to be issued B1/B2 visa…
The fact that you applied for asylum may make it very hard for your relative to overcome the presumption of immigration intent…
Normally, a parent would be less affected by your asylum grant than a spouse or child, since spouses and children can (potentially) benefit from your asylum status, but a parent cannot. Nevertheless, if your asylum status causes the consular officer to think your father will try to overstay his visa in the US, that could cause them to deny. He will need very good evidence that he does not intend to remain in the US and that he will return to his country at the end of his visit. You might talk to a lawyer who knows about consular cases and non-immigrant visas, and maybe they could help strengthen the application. Take care, Jason
Hi dear if you mention in your asylum case that your father helped you to escape from your country . He is under human trafficking act they will not allow him to come here even you got citizenship .
Hi
My parents and My wife’s parents all got B1/B2 visa to come here to visit us. The officer did not ask anything about our status during the interview. FYI
Hi,
My EAd C-08 renewal was sent in October 2022. My asylum was approved in April 2023 and applied for EAD A05 which still shows application received.
Last week, on my EAD renewal C08 it says, USCIS actively reviewing your case. does anyone has any idea how long will it take after that to produce EAD?
Will I get new EAD as C08 or they will automatically change to A05?
all responses would be highly appreciated.
Thank you,
Hi Alees, I had almost the same situation
Approved asylum, sent I-765 under new A5 category which is still showing case received and receipt notice sent. While the EAD under C08 was approved and card delivered was under A5
So answering your question – I’m 99% sure you’ll get new EAD with A5 soon
I think once USCIS realizes that you have asylum, the c-8 card will be cancelled, though they should automatically send you an a-5 card if asylum was approved. In any case, you don’t need the c-8 card any more, as asylee can work even without a work permit (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees). Take care, Jason
Hi Jason. USCIS given permission to Asylee to file i485 Applications before one year time limit. So it is any consideration for Neutralization/Citizenship time limit before 5 years?
This change (which I wrote about on February 8, 2023) has no effect on citizenship, except that if you get the GC sooner, you can apply for citizenship sooner (i.e., 4 years and 9 months after the date listed on the GC). Take care, Jason
Hello everyone I made a mistake. I changed my address with uscis after filing asylum when it was just 95 days of ead clock. Clock calculated wince i received the receipt. My case was in la asylum office now it is in Arlington office. Now its been 155 days but im not sure if clock is stopped or running. How long does it take for uscis to transfer asylum from from one office to other. And will my clock comtinje running or resume after moving the case to arlington officr plz reply thanks a lot
You can try emailing the asylum office to ask about the clock – maybe they can help. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason hope you’re doing good,
I’m not sure if you able to answer this question
I recently submitted by myself AOS package via USPS to Carol Stream lockbox address
I just got notification from USPS that my item is ready to pick up, I’m anxious right now and doubt that USCIS will pick it up?
Your item arrived at the CAROL STREAM, IL 60197 post office on June 1, 2023 and is ready for pickup. Your item may be picked up at CAROL stream but at different location not the P.O. Box I sent to!
Is that normal? What if USCIS will not pick up?
For the record I submitted documents to the USCIS
Attn: NFB
P.O. Box 4115 Carol Stream, IL 60197-4115
Please advise I’m currently trying to reach usps but in the meantime maybe you suggest something or came across to smth like that in your practice?
It depends on the basis for the I-485 and where in the US you live, but that is the address people in my area send the I-485 if it is based on asylum approved. I do not remember getting a message like that from USPS, but if that is the correct address, it should be fine. Take care, Jason
My case is with the Arlington asylum office. It has been pending for 8+ years, since end of 2014. I was approved for an expedited interview and now I am waiting for the decision on my case (I am not sure how long it will take. It has already been 3+ months since my interview). I have seen a pattern of cases pending for over 8 years being approved for an expedited interview just with a letter from the applicant explaining their mental stress or other health issues or financial problems. I encourage people with 8+ years of waiting to send e-mail to ZARexpediteRequest@USCIS.DHS.gov asking for an interview. The worst thing they could say is NO.
I also heard that a lawyer’s office secured an interview/decision for pending cases by “suing” the asylum office on the grounds of “mandamus action”.
I would just note that the email address you gave is for Arlington, VA, and if a person has a case at a different asylum office, you need to contact that particular office. If you follow the link under Resources called Asylum Office Locator, you can find email addresses for the different offices. Take care, Jason
My case was denied in asylum office after 5 years of waiting the interview, sent to the Court, 1 year waiting for master hearing, on master hearing got a date 2 year in advance, then after 2 years of waiting literally the day before the interview judge canceled it, again waiting new date which fall for March 2020 then everything closed pandemic, and postponed again until 2022. 2 immigration judge changed during the wait. And when the day X about to happen my lawyer told me prosecutor proposed a “deal” don’t have a hearing but let me just stay in the country keep renewing EAD but never have a chance to legalize.. such a joke. So conclusion is it’s kind of good for them, I meant the wait, you working paying taxes etc
Hi RICHIE,
the same thing happened to me , applied for asylum Nov-2015
did my first interview Mar-2016 2nd interview May-2016, after 3 years of waiting i got denied in Dec -2018
master hearing was oct-2019, after that court apr-2020, 1 week before canceled cuz of Covid, new court was oct-2021, I went to court and the judge didn’t show up haha , moved to dec-2025 then I send a letter to expedite , then they rescheduled to Apr-06-2022
Then I got approved only after 30 mins ): waiting around 6 years only for 30 mins Hearing
please don’t give up you will do it (
So you know, you do not have to accept that “deal” and if you think you have a good case, you can try to go forward and get a decision. Take care, Jason
Hello Sir Jason,
Thanks for all you do. I have been waiting for an Asylum interview since 2019. My mental health is not the beat. I worry too much about it.
I have a few questions please.
1. What are your thoughts on the dignity act?
2. If it passes do you know if I qualify to apply for it? I have been here for more than 5 years.
3. I am activel on Social medial exposing the corrupt government of my country since that was the reason I was persecuted. Do you think that can affect my case?
Thanks so much
1 – I do not know what it is. 2 – I don’t know. 3 – I think that may be helpful evidence for your case. You should save copies of that and if you get any threats or negative comments, probably you would want that for evidence as well. Take care, Jason
Hi Jason,
Your blog has been a great source for me throughout my asylum process – thank you for this!
Here is my case’s info for someone who might find it useful :
I applied for asylum in June 2014. Went to interview in July 2017. Got “recommended approval” in September 2017. Then it all got stuck. I applied for help with our local congressman and their representative contacted the USCIS on my behalf multiple times. In February of 2021 I finally got my my approval letter. I do believe that the congressman’s representative’s involvement helped.
Now my question, Jason: I applied for a GC in March 2022 and got a receipt starting with MSC. This office does not post their processing times on USCIS’s website. I tried inquiring about the case via standard website link and got a generic response “your case is within processing times…”
Do you have any information on what that processing time for that MSC office might be? I see 4.5 years in some offices and it is another discouraging timeline… Hoping that the MSC won’t take THAT long?
Any information is much appreciated! Thank you
I don’t really know how long it takes, as we see different results. Most such cases take about 2 or 2.5 years, but some are shorter and some are longer. I am not sure why USCIS does not provide more processing time info (or why they always take so long). Take care, Jason
Wait…so you are intentionally exposing the corrupt government of your country and purposefully want to make it known ?
Are you…trying to get persecuted…in order to…get asylum ?
I was locked up in my home country! It was on the local news. I fled and sought refuge here many years ago. The President of my country has been in power for decades. Even if I am not granted Asylum,I am dying to see him face the law for his crimes and for tearing the country apart. The country has been in war for over 6 years now.
If you really try to be safe, why not hide and keep a low profile ?
Hi- I hope all is well with you. Your mental health is very important. I hope you are getting the help you deserve. You should not expend any more energy, as it is physically and mentally exhausting, on internet bullies and trolls. You owe this person no explanation. Save your statements, explanations and evidence for the US government. There is no need to try to convince us here that you have a bona fide asylum case, or that openly challenging an anti-democratic or corrupt government is worthy of asylum.
Hi Jamie,
I didn’t make a judgment about their case’s authenticity yet.
I am just gathering information. Because…in my view…if a person wants to be safe, they will try to avoid danger ? right ?
Why expose ? Just from a human psychological point, I am interested and curious, nothing more.
Hello im Pedro. I applied asylum but my passport was expired and i cant reapply it will mess up my case. I went to ssa office . I have ead now. I showed them ead and expired passport they refused me ssn number. Now i got my old birth certificate from my home country which is laminated and not in english . But i also got it translated. Will ssa office accept laminated foreign birth certificate. And issue me ssn
Normally, when you fill form I-765 for a work permit, it gives you an option to get the SSN as well. But you should be able to get the SS card with the EAD alone. I would bring all your documents, including the EAD, birth certificate and translation, and asylum receipts, and try again to get the SSN. If they refuse, try to talk to a supervisor, as you should be eligible. Take care, Jason
Thank you so much Jason, so now we know why background check in the court never be cleared unfortunately that’s the reason they do not want to make it clear.
Maybe. But I would clarify that background checks in court are usually completed on time (not always). However, at the asylum office, background checks routinely take months and months. Take care, Jason
Hi Jason,
Many of the asylum seekers are actually well-educated ppl. I myself have a post-graduate degree, my wife is PhD, I know at least 2 more people one is engineer and another is IT background. Meanwhile I know a few ppl who have come to USA through the lottery visa (Diversity Visa) who are no doubt hard working ppl but not well educated. All those who come through lottery visa get their green card right away. USA is issuing 50,000 lottery visas annually, which is more than the annual asylum acceptance rate. I know a few of the lottery visa winners who received food stamps, medicates, assisted housing… and in some cases huge tax returns.
On the other hand, I for an example, have not only not received a single penny since I arrived in 2016, but have paid income tax. I have paid almost $13,000 to lawyers for my case part of which ended in the pocked of federal government as income tax collected from those lawyers.
I have renewed my EAD multiple times which I paid money for, a green card holder doesn’t need.
I never understood the system here, on side USA is issuing annually 50,000 lottery visa on the other hand it is “deliberately” not processing asylum case fast enough.
On side it is fighting the Taliban for 20 years, spending hundreds of billions of $, on the other side it hands over the whole country to the same terrorist group.
One side I came here for safety on the other side I hear school shooting, mall shooting, road rage shooting, drugs out of control…. I sometimes doubt if USA is a safe place?? May be it is safer but not safe!
Asylee
A lot of my clients are also educated (hence they can afford to hire me), but many asylum seekers are not highly educated. Nevertheless, as you point out, they are contributing to our country. That fact is well document (despite the Trump Administration’s effort to cover it up – which I wrote about on September 27, 2017). I would note that the lottery serves a different purpose from asylum (to increase diversity, which also benefits our country), and so I do not agree that the comparison is exactly on point. Nevertheless, the main point – about asylum seekers contributions – is well taken and I agree 100%. Too bad the government does not see this as well. Take care, Jason
Well well well; I think that is why they say U.S immigration system is broken. Take Canada they don’t have any lottery system! You apply through your education and skill set you have! No other western developed country use lottery. I know many people from my country moving here with DV lottery and draining tax payer money. If that is what U.S. want, then good for them! I am asylum applicant and I paid about 22k in tax last year (the amount I paid in tax is what some people from my country moving here with lottery make). So again if that is what U.S. want, good for them again🙂
Hi Jason,
Since 2016, I have been patiently waiting for progress on my case, and I have reached the same conclusion as the one mentioned in the article you referred to. In my efforts to move things forward, I recently contacted our congressman. However, USCIS sent a letter to him, reiterating the need for me to provide additional documents to support my request for expediting my case. Considering the stress and anxiety I have been experiencing, do you think it would be helpful to provide a letter from my therapist? Thank you!
When we try to expedite, we try to include evidence. A letter from your therapist is good evidence. I wrote more about this on March 23, 2022, but the letter should explain your health problem and why the asylum case is making it worse, and explain how expediting will improve your health. Take care, Jason
I feel I expressed a similar thought that concurs with that’s written here in one of my previous comments.
As long as asylum seekers can set foot in the U.S. soil, they are safe. They don’t need U.S. citizenship or even asylum grant…as long as they are not deported, have EAD, they are okay.
But…I know it’s not ideal.
For me, the biggest issue is the EAD discrimination in I-9 process. Not sure who to blame but I feel that govt could rethink about the EAD issue. May be allow unrestricted (no notation in the card, but flag as restricted with DHS authorization in e-verify system) SSN to asylum seekers…That’s my only complaint….for now….
Unfortunately, the two likely GOP nominees are both anti-asylum seekers…So…if either of these two gets in…I imagine the situation of asylum will only get … worse…
Just in case it was not clear, I was providing my perspective of the government’s reasoning. I am not endorsing it, and in fact, I think it is a disaster. Take care, Jason
No worries, I get it.
I just want to say you r likely right in this assessment.