There was a time during the good old days of the Obama Administration when the Asylum Office would release quarterly statistics and even hold in-person stakeholder meetings where advocates could talk to the Asylum Office leadership. The Trump Administration worked hard to end transparency in government, and the pandemic didn’t help. As a result, the meetings and quarterly data disappeared. I had hoped that the Biden Administration would revive these practices, but that was not to be.
So now-a-days, we have to get our data where we can. This isn’t easy, but recently–as a result of my involvement in some Congressional lobbying efforts–I came across information about the Asylum Office that I thought I would share here.
This information comes with a few caveats. First, I obtained the data from USCIS’s response to an inquiry made by a Congress member’s office. My sense is that USCIS is more interested in making themselves look good than in providing accurate information, and so I am not fully confident in the numbers. Second, much of the information is inconsistent with my experience at the Asylum Office. It is also inconsistent with conversations I’ve had with Asylum Officers. Finally, the information is incomplete and is not broken down by Asylum Office. All this is a way of saying that while we have some data, it has limited value. Nevertheless, because the Asylum Office is not providing statistics, we must rely on what we have.
So what exactly do we have?
Earlier this year, USCIS established a “second track” for asylum interviews. The first track is LIFO, the last-in, first-out policy whereby new applications are interviewed before old applications, and which has been in effect since January 2018. Under the second track, Asylum Officers (AOs) are interviewing the oldest cases and working their way forward (first come, first served). According to USCIS, two or three officers per Asylum Office have been assigned to work on Track 2 cases, and interviews for these older cases started in May. Put another way, less than 5% of AOs are working on Track 2 cases.
Based on conversations with AOs at my local office (Virginia), more than two or three officers are working on old cases. The number may be as high as 50, but older cases take longer (because such cases need to be updated and because USCIS fails to request updates in advance of the interview) and these same AOs also have other responsibilities. Further, it is unclear which “old” cases are actually being interviewed. While USCIS says it is interviewing the oldest cases, in my office, we are seeing cases randomly plucked from the backlog, and of late, have had interviews for cases filed in 2015, 2018, and 2019.
In short, we have little clarity about how many officers are assigned to Track 2 cases, how many applicants are actually being interviewed, and whether cases are, in fact, being interviewed from oldest to newest. But since fortune favors the prepared, the implication for asylum seekers is fairly obvious: Make sure you have gathered your evidence and are ready, just in case you are randomly called for an interview.
Another claim from USCIS that I find questionable: “USCIS generally schedules second track interviews 45 days in advance of the interview.” USCIS blames “Postal Service delays outside of USCIS’ control” for “delayed receipt of interview notices.” Way to throw a fellow agency under the bus. Also, for me, this is utter malarkey. We rarely receive notices more than two weeks before the interview, and these delays have nothing to do with the Postal Service. It is common to see interview notices dated less than two weeks before the interview, and sometimes, we see notices that are printed but not mailed by the Asylum Office for days or weeks.
In the response to Congress, USCIS also sets forth the interview criteria for LIFO cases. Once a case is filed, it is considered “new” for 21 days, and if an interview is not scheduled during that time frame, the case falls into the backlog, where it is subject to Track 2 scheduling (in chronological order). Assuming this is all true, and allowing a few extra weeks for mailing delays, if you file a case and don’t get scheduled for an interview within a month or two, your case is likely in the backlog, and you should not expect an interview any time soon (though you can always try to expedite).
The Agency also gives us some numbers. In the first three quarters of FY 2024 (from October 1, 2023 to June 30, 2024), USCIS received 319,700 new affirmative asylum applications. During the same period, USCIS completed 100,500 cases. According to my math, this means the backlog increased by 219,200 cases. Combining this with previous data, we can estimate that the total nationwide backlog for affirmative asylum cases is about 1.5 million–and that’s cases, not people, since some cases include multiple people (spouse and children).
USCIS is still quite busy with credible fear interviews (initial evaluations of asylum eligibility for new arrivals), and received 157,600 in the first three quarters of FY 2024. During those months, the Agency completed 174,700 such cases, including thousands from the prior fiscal year. Such cases receive priority over affirmative asylum applications and use resources that would otherwise help reduce the backlog.
in terms of issuing decisions, USCIS claims that most applicants “should receive a decision within 20 days” of the interview. That is certainly not my experience, and we routinely see decisions taking many months, though I am not sure my cases are typical in this regard. USCIS notes that “a variety of factors, including security checks and competing workload priorities,” contribute to delayed decisions.
Unfortunately, that is all we know for now. I hope USCIS will see fit to increase transparency soon. It is bad enough that asylum seekers are left to wait for years on end, but it is even worse that they are forced to wait in the dark.
Hi Jason, Thank you for sharing the information! I am currently filling out I-485 and am unsure about the city of my last arrival in the U.S. I cannot recall if I arrived directly at my final destination or if I transferred in another city. Additionally, the stamp in my passport is not legible.The I-94 website indicated that my record cannot be found, probably because my last arrival was over nine years ago?
Could you please advise on what to write for the city name? Would it be acceptable to list my final destination? Thank you for your help!
I would just write your best guess, circle the question, and write “see cover letter.” In the cover letter you can briefly explain that you do not remember the city of arrival. They will not care about this and I doubt they will even notice it. Take care, Jason
Hi Jason,
You mentioned that the USCIS had been really busy with credible fear interviews, which resulted in staff-shortage. An executive order from Biden in June drastically reduced encounters near the southern border, which of course is a bad thing for defensive asylum seekers. But have you observed a shorter interview turn out time (increased number of cases that actually get sent to the LIFO track) for newly filed affirmative asylum applications considering potentially reduced number of credible fear interviews? I know this is just mere speculation since we will never get the precise data.
I heard many AOs were sent to the southern border to help with the surging number of defensive asylum seekers before. Is that the same situation for every asylum office or are some asylum offices disproportionally affected (rumors said Chicago office is basically empty)?
Thank you!
I have not noticed any improvement at the asylum office in terms of scheduling interviews, which was somewhat surprising for me given you the changes you describe. I know people are still coming to the US under different parole programs, and so that may be taking resources from the asylum office; also, many people are still arriving at the border, though much fewer than before. I think a big part of the problem is that the asylum offices are not efficient. However, I would have expected more interviews given that the border has slowed down. Take care, Jason
Hi Jason,
My scheduled interview was canceled due to COVID in March 2020, since then I have not heard anything regarding rescheduling my interview. I started sending the field office letters to explain my situation (thanks to your suggestion), after multiple try, I received a letter from USCIS saying “No interview has been rescheduled as of the date of this review.You will be notified by mail two weeks prior to the interview date.” What can I do in this case? is there anything I can try besides waiting?
Thank you
I am not sure what type of interview, but if it is at a field office, I think you can ask your Congress person for help, you can contact the DHS Ombudsman (there are links for both these under Resources), and if all else fails, you can file a mandamus lawsuit. It is very frustrating, as rescheduled cases should receive top priority. Take care, Jason
I recently watched a 2018 film called Peppermint, it’s about a story of a mother’s revenge for her family. She didn’t get justice from the justice system, criminals’ defense lawyers, judges, and even prosecutors all received money from the criminals. So eventually, she killed the lawyers and judges, as well as criminals.
So sometimes, I wonder…whether people like us should pursue consequential/result justice when procedural justice failed us…Whenever I see the weakness and unwillingness of immigration advocates to prosecute the persecutors, I cannot not feel disappointed. The grant of asylum alone will not be able to compensate for the damage done by the persecutors…
So I wonder, should asylum seekers try to at least make some efforts to have the persecutors punished ?
I once helped sue the Chinese government for persecuting some people. We did not win, but we did annoy them, which I guess is something. Take care, Jason
1) That’s a good action, meaning somebody was trying to do sth, and that is something as you said.
2) Your experience once again confirms my belief that procedural justice doesn’t apply to persecutors. Of course you won’t win, they are not subject to rule of laws, so they are immune. I think China, as well as some persecutor countries (like, Iran, North Korea, Russia…etc) high on the asylum application list…should be seriously destroyed…
Hello Jason, very true your writing my wife applied for political asylum in 2015, she had the interview at the Arlington VA office on July 2, 2024. And we are still waiting for the decision. Tomorrow is already 3 months of the interview.
Hi Jason and everyone,
I just want to share my update on advance parole timing. I applied in May 2022 and got approval a week ago, it took them 28 months to consider it and I intentionally didn’t do an expediting. The processing time is a joke, of course. But to my surprise, they approved it for 5 years. I didn’t know they actually give 5-years paroles for asylum applicants. I am just letting you know. Thank you!
The wait time is outrageous, but the 5 year approval is good news – Thank you for sharing this. Take care, Jason
Jose & Jason, do you know if 5 year advanced parole (and advance paroles in general) allows you to travel multiple times abroad?
You can ask for a multiple entry AP when you fill the I-131 form, and if you do that, it should be multiple entry. Take care, Jason
Thank you very much for your response Jason.
I have another question. Can I request for voluntary departure after a master hearing but before an individual hearing? What are the chances of this getting approved? I have no history of crimes.
You can request it and if you satisfy the requirements (valid passport, money to pay for departure, good moral character, etc.), it will most likely be granted. Take care, Jason
Hi Jason, can you help me with a question please?
My master hearing was supposed to be this earlier this year but I moved to another state and my previous attorney filed a motion to change court to my current state before this hearing. The new master hearing is now early next year. I’m struggling to find an attorney and I was wondering if I can show up to this hearing and request the judge for more time to get a new attorney? What are the chances that the judge will deny this?
It would be better to have a lawyer, but if not, you can appear and ask for more time. Most judges would probably agree to at least a few months, but even if the judge does not agree, the prior motion (to change venue) has probably already stated your position on the allegations in the Notice to Appear, as this is usually required to move the case. In other words, if you look at your prior lawyer’s motion, it probably admits that you are not a US citizen, and then admits or denies the other numbered items in your NTA. If not, and if the judge does not give you more time, you will need to admit or deny those numbered items, admit or deny deportability, and then tell the judge if you have any defenses to being deported (such as asylum). The judge will then schedule an individual hearing, and usually that is not for several months. This will give you some additional time to find a lawyer. I wrote more about what happens at the Master Calendar Hearing and about the NTA on March 7, 2018, and maybe that would help. Take care, Jason
Hello!
Q: has anyone had their renewed RTD delivered to the consulate outside of the US? If needed an urgent travel, went to another country and got it mailed there?
There is a box you can potentially mark as such option on the application. Just wondering –
I have not done that for a client, but I expect it would work – I have never heard about any attorneys complaining that it doesn’t work (for what that’s worth). I have had clients get the RTD at their US address when they are overseas and then someone brings it to them, but I do think there is some risk in that and it may technically be illegal to do that, though I am not sure. Take care, Jason
hope you are doing well. I was wondering if you could provide me with information about the refugee travel document form and fees. Additionally, I would like to inquire about the process for expediting the document if possible. My mom, very ill and third country , I appreciate you help Thank you.
The form is I-131, available at http://www.uscis.gov. The USCIS has the fees and info. The form is used for different types of applications, and so make sure to complete the parts for the RTD. In terms of expediting, I wrote about that on January 29, 2020. You might try calling USCIS at 800-375-5283 to see if you can reach a person and see if they can assist with an emergency application, though it is very difficult to actually reach a person. Take care, Jason
https://www.axios.com/2024/09/27/kamala-harris-asylum-rules-border-crossings
I think, from this article…I can already foresee some pattern…
I think she, for the purpose of re-election, if elected this time…will…try to…raise the bar for asylum…am I right ?
My guess is that she would try to reduce asylum applicants at the border, which is what most Americans want. Overall, she would be much better for immigrants and democracy than her opponent. Take care, Jason
Border czar Kamala is definitely better for illegal immigrants, but I’m not sure that censorship, intentions to create one party state and no control over who is voting is better for democracy.
Harris was never the “border czar” (whatever that means), and I am not sure what the other references refer to. In order to better control the border, what are needed are more resources, meaning Congress needs to allocate more money. That would have happened under a bi-partisan immigration and border bill, but Republicans – on orders from Trump – tanked the bill, as they feared it would improve the border and reduce Trump’s chances to get elected. Take care, Jason
Hi Jason
I need yoir advice please.
I have my GC through marriage to an American Citizen, we have been married for 2 years 10 months but our marriage is no longer there because of a lot of many issues. My GC expires in June 2025.
Will it be possible to renew my GC without him? I have all documentation to back my request to file for 10 year GC by myself.
Also, do i need to divorce him to make it easy?
What are the possible options that i can take?
Also, how long does it take to process the 10 yr GC?
Can i request AP while waiting for the approval of the 10y GC?
Thank you
You can file the I-751 (form to remove the conditional status on the card) without your husband. The legal standard if you are separated but still married is very difficult, but if you are legally divorced, it is easier – if you are divorced, you just need to show that the marriage was true at the time you got married. You would want all the evidence you can get to support that claim. If you are still legally married, I think you also need to show that you would suffer extreme hardship if you lose your GC. I would recommend a lawyer for this, as it can be difficult and if the I-751 is denied, they will refer you to court, where you can try again, but where you would also face potential deportation. Once you file the I-751, you will get an automatic extension of your existing GC, I think for 2 years, but I do not remember. During that time, you can use the I-751 receipt and your GC to re-enter the US, so you do not need Advance Parole. In terms of the time frame, I expect it will take a couple years; even for a couple that is still married the I-751 is very slow, and so for a person who is now separated or divorced, I expect it may be even longer. Again, this can be tricky and you would do well to get help from a lawyer. Take care, Jason
Dear Jason,
I hope you are doing well. I want to begin by expressing my deep appreciation for your ongoing support of the asylum community over the years—it has truly made a difference in many lives, including mine.
I am currently a green card holder and was a derivative applicant in my wife’s asylum application. Due to a family emergency, I am considering returning to my country of origin, which was also the country of persecution in our asylum case.
I understand that this decision may carry certain risks, and I would greatly appreciate your advice on the legal implications or potential consequences of traveling back under these circumstances.
Thank you so much for your guidance. I look forward to hearing from you.
I think the risks are minimal, especially since you were a dependent. If the original asylum application indicated that you were in danger also, you should be prepared to explain why you returned and how you stayed safe. Otherwise, in the unlikely event that you are asked about this, you can explain that it was your spouse’s case and you were a dependent and not in danger. I wrote about this issue (for principal applicants) on January 6, 2016 and maybe that article would give you more ideas. Take care, Jason
Thank you so much, Jason!
Hello Jason
On 06/26/2020 Texas Service center moved to new adress (6046 N Belt Line Rd.
Irving, TX 75038-0001).I applied for I-485 on March 21, 2023. National Benefit center Transferred my case on May 22, 2023, to Texas service center with old address (P.O.Box 851488 Dept. A. Mesquite, TX 751851488). I don’t understand why my case transferred to the old address. I’m worried my case stacked with the wrong (old) Texas Service Center address.
Thank you
I don’t know about that. I doubt they would send a case by mail or that they would send it to an old address. The case is still within the “normal” (and very long) processing time, and so there is no real way to inquire about that. I guess you can try to call to ask (800-375-5283), but I think it will not be easy to get any substantive information. Of course, you can check case status at http://www.uscis.gov, but that answer is generally very vague. Take care, Jason
Hi Jason
I received a RFE for my I730 petition. Its been a week since I mailed the response but the online status still shows RFE mailed.
Any idea how long it takes USCIS to update the status or to even open my response?
I would guess it might take a few weeks (though once in a while, they are not updated at all). If you mailed it and it was received, you should be ok. Take care, Jason
Hi Jason ,
Just posted this petition for people to see and sign for proposed solution for increasing validity of Travel document (RTD)and faster processing time . I greatly appreciate it for your support by spreading the petition. https://chng.it/9nnGrgCcTQ
Thanks
Thank you, Jason
Hi Jason. I had my interview a few month ago, I am also eligible for TPS but I did not apply. Now, If I am refer to court and IJ deny me again would it be possible to apply for TPS after? Or do I have to apply for TPS before the hearing?
I do not know whether TPS would be available after the hearing. Also, if you have a deport order, that would go into effect once TPS ends. I think if you feel the case is weak, you are better off applying for TPS now if you can. That may – or may not – cause the judge to dismiss your case. Some judges dismiss cases for people with TPS, and others do not. Take care, Jason
Good evening Jason.
From your experience after issuing an asylum denial from USCIS, how long it takes them to prepare and send a notice to appear to the immi court?
If you got an actual denial, that means you still have some status in the US (H1b visa, student visa, TPS, etc.) and they will not send the case to court. If you got a “Referral,” that means the Asylum Office will not approve the case and will send it to the Immigration Court. If that happens, you should get a Notice to Appear at the same time as the Referral and that document should have a date to appear in court (it is common for the date to change, but there should be a date near the bottom of the NTA). Take care, Jason
Thank you Jason
Before 2 years i took covid vaccine 3 times including the booster. Is it required to take the 4 th one this year when i apply for the green card?
Thank you again
Hello Jason,
My husband is derivative and I am the primary asylee. However, our greencard show he is the primary and I am the derivative. Can I send our green card back to USCIS to fix this issue? I really wanted to fix this issue. Thanks.
I am not sure, and except maybe for traveling to the home country, I do not know of any difference between a principal’s GC and a derivative’s GC. That said, if you want to try to change it, maybe a starting point is this website from USCIS: https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError. You can also try calling USCIS at 800-375-5283 and try to reach a person to ask about the issue. Take care, Jason
Hi Jason, I interviewed last week and when I asked when should I expect a decision, they told me it should be issued within 180 days ie 6 months, that’s very different from the 20 days stat they give your congress committee
I do not really believe that the 20 day figure is accurate. We see most cases take many months. Of course, I also do not believe the 180 days they told you is accurate – maybe that is their best guess, but I do not know how they would know that it will take 6 months. I guess we will see. Take care, Jason
Can you advise which office you had your interview in?
Hi Jason,
I have my asylum based Green Card. I got a one year refugee travel document which will expire this November. I was wondering if I can apply again for a refugee travel document even though, I won’t travel immediately. It is just in case. I mean, do I have to show urgency for travel or just simply can apply for a travel document?
Thanks,
Hi Jason
I am asylum granted. To apply adjustment of status I 485, do I need a covid vaccine?
Thank you
I believe that is one of the required vaccines. You can argue that you need a religious or moral exemption. I am not sure how lenient USCIS is agreeing to that, but you can try. Take care, Jason
Thank you Jason
I previously took 3 times (including the booster) . Do I required to take the 4th one This year?
I am not sure – I doubt it, but if you go to the doctor to do the exam, they should be able to tell you. Take care, Jason
You can apply for it now. If you apply before the current RTD expires, you are supposed to send the original RTD with your application. But you do not need to have any particular travel in mind to make the application – if that is the case, where the form asks for the countries you want to visit, you can just make your best guess. If things change later, that is not a problem. Take care, Jason
Hi Jason- here’s a quick one:
My asylum based green card states
« Resident Since 8/20/2023 »
How long should I wait before applying for my citizenship if I meeting all requirements?
3 years and 9 months
Or
4 years and 9 months
Four years and 9 months from the date printed on the card, so by my reckoning, that would be about May 20, 2028 (assuming that is the date listed on your GC). Take care, Jason
I’m concerned and hurt by how things occur with USCIS. I cannot believe that after I waited for over 8 years after interview for USCIS to approve my asylum application, here I am on another roller-coaster, waiting for USCIS to process my AOS application. Most people I applied asylum with, have been citizens years ago but I am still nothing. I have not left this country for over a decade because some people have been sitting on my applications. Those who applied for AOS after me, got their applications approved before me. I am not jealous of anybody but I just wonder whether it is worth it applying for asylum. I cannot remember when I last felt happy since I have been in this country. Nothing seems fair with USCIS and I don’t understand this system anymore. You have to go through depression and all kind of trauma , this is not but heartbreaking.
For what it’s worth, I do not understand the system either, and the more I work within the system, the less I understand. I do observe on a daily basis that the system is a mess and is very arbitrary. One person’s case takes years and another person’s case is fast. However, given that asylum is approved, you are now on a much more definite path to the GC and citizenship. It is not 100% assured, but asylum is normally the most difficult and unpredictable part of any person’s journey. So hopefully, you can take some comfort in the fact that the worst is probably behind you. I did a post that is relevant to your situation on January 9, 2018 and maybe that would be of interest. Take care, Jason
Hello there,
It is really painful the asylum process for most applicants. I went through that and I waited more than 7 years to get approved at court .The IJ as well as DHS officer were both surprised why I was sent to court , considering evidences i submitted.I believe there is personal luck which shapes each individual life’s path and destiny . Luckily I stayed hopeful and resilient during the long wait and I’m now recovering from the trauma the waiting and anxious years added to my personal story trauma. My AOS application went faster and i’m PR today , and moving my life forward. If you work with a lawyer, check with USCIS if your application is above normal processing time or if there is any other issues delaying it. The good news is you are no more at point 0 waiting for an uncertain asylum decision. Some waited 10 years and got denied. Some are still waiting after 7 years while those who arrived 7 months ago are getting interviewed and granted. The whole life has never been fair and would never be.
Thank you Jason and Hope for your kind words. In fact, I have a different perspective of life and happiness. I am not rich but I can afford bills and all that. I have owned a house for years now and have been working for the Sheriff’s office for over a decade. However, deep down myself, I see as I have been missing a lot. When my mother died, I had to mourn her all alone and when I lost people who were so dear to me, I experienced the same thing because I could not leave this country since this country has decided to put us indirectly in jail. Freedom can never be bought and lack of freedom is another form of slavery. The only thing that I am very grateful for is that I was at the point of being fired from my job simply because the new HR found out that I was working with a restricted social security card. Technically, you have to be a US citizen to hold my position but with God’s help I got there and I have over 20 people under my supervision. Luckily, 3 weeks later, USCIS decided to grant me asylum and I was able to bring them an unrestricted social security card. Despite all that, I cannot carry a gun anymore simply I am not a permanent resident nor citizen. What a life full of humiliation!!! Though I presented all kind of evidence to USCIS to request an expeditious review of my AOS, they decided to deny it. I spent days crying but what can we do? It is not our country though we have been trying hard to make it ours….
It sounds like you work in a critical job. Maybe if your employer wrote a letter or contacted your Congress person to try to expedite the GC, that would work. If the employer is willing, it is worth a try. Take care, Jason
Thank you Jason,
I did contact my congressman who asked me to give him any kind of supporting documents like a copy of the badge, a letter from HR confirming that I am still with the Sheriff’s office , and anything to show that I worked for the Sheriff’s Office but USCIS still denied my request. It is insane…….
That is pretty awful, but you can try again (and again and again) if you want. Take care, Jason
I understand your feeling but to give you some comfort I got my decision after more than 9 years of waiting and now still waiting for GC.
Jason, I think I may be the record one to have waited so long.
Unfortunately, you are not a record holder, as there are still many people from 2015 who still have not even received an interview. My longest-pending asylum case was first filed in the mid-1980s (and no, I was not the lawyer at that time), but that person has been through court, the BIA, and back again. Take care, Jason
Thank you for your words Comfort but I have waited way longer than that. I waited 7 years post interview to get the decision. It is so painful …………….
Hi Jason,
First I want to thank you for everything you are doing for this and us.
I had submitted a GC application in June, 2023. My husband (main applicant)and one kid already got their GC in March 2024. But, in April I received a letter for additional documents for medical records, stating that our medical documents need to resubmit, which I did. I submitted that document in May, 2024. But there is no response after that. Do you know what I need to do at this time?
Thank you again,
CK
Wait times are pretty unpredictable and it is common got family members to file together and get results at different times. So the timing of this is not a reason to worry. In terms of what you can do, you can check the processing time at http://www.uscis.gov and if the case is within the normal processing time, the only thing you can really do is try to expedite – I wrote about that on January 29, 2020. If it is outside the processing time, you can inquire with USCIS. Also, I guess either way you can ask your Congress person for help – you can find a link to their contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
Thank you so much, Jason
Hi Jason. My a friend is a political leader. He wants to file Asylum case with his 2 sons but Wife likes to remain in 3rd country where they are living now. Wife has USA Visit Visa. My Question is that if he file his wife name in case then can his wife visit us and go back safely? Until he gets Asylum Approval and then she come here on for i130.
If the husband files for asylum, it will likely become harder for the wife to get a new visa. If she already has a visitor visa, I guess it is possible that she will not be permitted to enter and be told to leave. This would happen because the officer at the border believes she is entering to join her husband’s asylum case or file her own asylum case. If that happens, she can either leave or claim asylum herself, but that could cause her to be detained and forced to do her case in court. I think it is more likely that she will be allowed to enter if she already has a visa, but there is a risk of being denied entry, and I also think it is very likely she would not be able to get a new visitor visa. If the husband wins his case, he can file an I-730 for the wife, or he can wait to get a green card and then file an I-130. Take care, Jason
Hi Jason, you offer some great input as always however your suggestion before about deciding asylum cases from written application and submissions only will open the door for fraud as there are now these perfect tailored asylum applications and stories sold on WhatsApp by telegram by foreign lawyers and experts. And people are buying and sending them to USCIS. The asylum seeker need to be interviewed to test the credibility
It’s a fair point and fraud is always a concern, but the same issues exist for marriage cases or business cases, some of which are decided without an interview or with only a very short interview. While I do agree that fraud is an issue, much of the interview seems more designed to waste time than to actually get at the issues that may be fraudulent. Anyway, I doubt USCIS will take my suggestions any time soon. Take care, Jason
Hi Jason,
Hope this finds you well! I applied for mandamus my friend did a Google on me and found all the information on pacemaker is that something I can delete or the lawyer can delete why is the information public, can I make it private?
Thanks
I think you mean pacer monitor not pace maker
Hi AA,
based on my experience, you can request your lawyer to keep all your information confidential before filing a writ of mandamus. While it’s not an easy process due to the extensive paperwork, it is possible. At this point, there might not be much you can do, and it may be too late, but the positive aspect of your information being public could actually strengthen your asylum case.
I believe there is a way for the lawyer to “seal” the case so that the info is not publicly available. The lawyer needs to ask the court to do that. I would talk to the lawyer. It may also be possible to do that yourself, but since you have a lawyer already, you should talk to that person first. Take care, Jason
That is very good to know.
Hello Jason, Have you heard any updates about the new asylum office that’s going to be established in Atlanta? I heard they were hiring Asylum Officers, and since I live nearby, I was wondering if you’ve heard anything through the grapevine.
I have not heard anything about it. Atlanta is/was a sub-office of Arlington, which is a pretty good office in terms of decisions (not in terms of wait times or giving proper notice prior to the interview). So hopefully Atlanta will be similar in that regard. Take care, Jason
Hi Jason,
I am planning on applying for an emergency advance parole to go visit my dad in a third country. Do I need an affidavit to support my my case? Also I see that on my USCIS account under resources, i can schedule an appointment for EAP. Does this work or do i have to go the Info Pass route? Thanks
I think you can try to do this online. I do not use the online system much, and so I am not that familiar, but I would try that first. If not, you can try calling (800-375-5283). I think an affidavit would be a helpful piece of evidence. Also, if your father is not well and you are visiting for that reason, you can get some evidence of his medical condition. Take care, Jason
Hi Jason and the community!
I just found out my AOS application has been approved and the case status card is being produced. I’m flying internationally in a few hours for a week I have RTD I don’t think I’ll be able to get the greencard via overnight mail, my question is what should I tell a Cabo officer after I’m back as Asylee I just used to give me RTD and i94 card but now since I’m a permanent resident should I tell them or they will see it in the system?
Thank you
I would just use the RTD to re-enter and if they ask, you can say that you saw USCIS had mailed you the Green Card, but you do not yet have it. I expect you will be fine. Take care, Jason
Hi Jason and the community!
Thank you for your response just wanted to give update I was able to enter US back with RTD. On the secondary inspection CBP officer just asked me if I received the greencard I told him I saw the online status card was mailed to me but I wasn’t able to get it while I was abroad, he took away my i94 card (white card with asylum granted status is that ok? And stamped my RTD with a new stamp I assumed that a stamp that Greencard holders get? It’s different from return Asylee stamp
I am not sure – if the stamp says “I-551” that is the same as a green card. In any event, if you have the RTD and (hopefully now) your GC, you are fine. Take care, Jason
Thank you Jason
Do you know if the way is to go about obtaining an emergency refugee travel document is the same way I used before to get emergency advance parole? Schedule an Infopass, bring the filled form, photo fees and emergency evidence? Thank you
That is the way – you call USCIS at 800-375-5283 to try to get the appointment. You may also be able to contact USCIS through a USCIS.gov account if you have one, and ask to expedite. I wrote more about expediting on January 29, 2020. Take care, Jason
Dear Jason,
I’m under second track scheduling.
Filled for asylum in Chicago Office in April 2016.
Never requested anything until July this year when I inquired about why my case is taking so long.
Got generic response in about 3 weeks.
Next, on Aug 22nd I got “there’s been action taken on your case…”
Sept 04. got the mail with time and date.
Interview scheduled for Sep 23, 30 days after online status change.
I hope this helps, and good luck to everyone!
Thank you. 19 days of notice is not as short as some cases I’ve seen, but it is less than the 45 days that USCIS claims it gives. In my opinion, it violates due process rights to give such little notice, but that’s how it goes. Good luck with the interview, Jason
Thank you Jason. Your blog helped me a lot during this difficult journey.
Wait, just to confirm.
So 45 days is the normal notice time ? I was under the impression that they like to schedule things 21 days in advance, I remember I read from some stakeholder meeting notes.
The case is considered “new” under LIFO for 21 days, but it takes weeks or a few months after that to actually get the interview. I am not sure if that is what you are trying to confirm. Take care, Jason
Hi, how gonna u inquire ? Is it by mail or online? Pls let me know. I m also waiting since 2016. Day vy day i m really frustrated.Thanks
Go to uscis website, find “outside processing time”, scroll down and you’ll see field for receipt number. Type it in and follow the steps.
Hi sir
I have a question about EAD application
When they ask supporting documents and we want to send last EAD?
We have to send the front only or back side too of EAD
You should send a copy of the front and back of the old EAD. Take care, Jason
Hi Jason
Thank you for all your help to Asylum communities Your website has been so helpful for me during my journey
I just get my approval after seven years and this is my timeline:
I applied 2017
I expedite For interview and August 2023
I was interviewed January 3, 2024
01/5/2024 decision pending
May 16 back to application pending
August 8, 2024 back to decision pending
August 14,, 2024 New card is being produced
And then I get approval notice to my mail
Hi Jason
Thank you for all your help to Asylum communities Your website has been so helpful for me during my journey
I just get my approval after seven years and this is my timeline:
I applied 2017
I expedite For interview and August 2023
I was interviewed January 3, 2024
01/5/2024 decision pending
May 16 back to application pending
August 8, 2024 back to decision pending
August 14,, 2024 New card is being produced
And then I get approval notice to my mail
That’s great news = Congratulations and thank you for sharing the (very long) timeline. It also helps confirm my belief that a lot of the online messages have no meaning. Take care, Jason
Hi Jason, thanks for sharing the piece. In your opinion what is a reasonable time to wait for a decision after the interview before starting inquiring and taking action?
Thank you
Also is it true that when suing USCIS for delayed decision, and there’s nothing they could do because the decision is pending because of a background check that’s out if their hands, they could just issue a denial decision as a way to get rid of the lawsuit?
I used to believe that, but now I am not so sure. It may be that they will deny a case if they cannot complete the background check, but mandamus lawsuits have become more common, and I have not seen that happen in any of those cases. I think if you reach a point where you can no longer keep waiting and want to file a mandamus lawsuit, you should do that and not let the security background check issue stop you. Take care, Jason
How long you wait before you inquire is up to you, but for my clients, I will not make an inquiry until at least 90 days have passed, as decisions take longer than that for almost all my cases. But there is no rule about this and a person can inquire whenever they want. I wrote more about this issue on June 2, 2021. Take care, Jason
Very good article Jason. May I know how long it takes USCIS to withdraw an application? Do withdrawals also take a long time? I submitted a letter to withdraw an application since 9-5 but it is still processing. Is it normal?
In my experience, it is pretty unpredictable (like everything else with this agency). Most cases take months. I would say if there is no news within 90 days, you can follow up. I do think filing to withdraw will prevent an interview from being scheduled, and so you do not have to worry about that, and even if they do schedule an interview, you can remind them about the withdrawal and they should cancel the interview. Take care, Jason
Thank you Jason
Im a citizen of Nepal . In 2021. applied for b1/b2 visitor visa but was denied for document under fraud and misrepresentation. Then 2024 later i entered usa and applied asylum with uscis. I have been given receipt and fingerprints done. Im not in removal proceedings. My clock is already 180 days plus . Can i go ahead apply ead. Will uscis deny my ead as a matter of discretion due to past fraud and misrepresentation. Or asylum based eads are not discretionary. I heard in 2022 in a court case uscis stopped applying trump era rules . In which one rule was asylum pending eads are not discretionary anymore.
Also overall will this affect my asylum when uscis conducts my interview .
Have you seen eads based on asylum c(8) being denied as discretion or other reasons besides aggravated felony or clock or filing issues.
I have not seen a c-8 EAD denied as a matter of discretion and I doubt that would happen. In any event, the first EAD is free, and so you might as well apply. I do think the fraud could be a factor in the asylum case and you should be prepared to explain what happened and present evidence about that, if you have any. Take care, Jason
Thanks for the piece. Very interesting and telling. I applied my case in LA in 2015 and i am yet to be interviewed. LA is the most backlogged asylum office. I reached out to a firm that does mandamus and they informed me that with LA, if they file a suit, it would take 9 to 12 months to be scheduled. However if i could transfer the case to SF they would schedule in 4 months. I reached out to my congressman’s office and they informed that LA is no longer scheduling interviews due to the backlog.
LA has long been a problem office. They used to have the longest wait times of any office, then they improved, but it seems like they are not doing well now. I had heard that they have a long wait even for mandamus interviews (though I had heard a few years, so your information is less bad). If you want your case interviewed in SF, you have to live in an area covered by that office. If you follow the link under Resources called Asylum Office Locator, you can enter different zip codes to see which office will interview someone living in that zip code. Take care, Jason
Hello sir, i moved my case from la asylum office to ny asylum office due to me moving to new york. I filed in 2023 January. I have a 2 years work permit which i ll renew soon for 5 year work permit but no interview. I have moved to ny. So i. Changed address on online. I think it automatically changed my asylum case to ny. You have any information is ny asylum office scheduling interviews or no.
Also can i get straight to immigration court without asylum office interview. I heard that way its faster to get asylum granted. Any way i can ask uscis to send me straight to removal without interview in-front of judge
There is no schedule published for any asylum office. The NY office is not a good office – I last wrote about that on December 6, 2023. I do not know any certain and safe way to get to court, but one possibility would be to withdraw your asylum case if you have no other status. If the case is successfully withdrawn, and you have no status, you may get referred to court. Whether that is a good idea or will create other issues (such as a one-year bar issue when you re-file), I am not sure and I think you should talk this through with a lawyer before you try it. Take care, Jason