These days, all asylum applicants face long waits prior to their interviews. After the interview, some applicants receive a decision in two weeks; others wait months; still others—thankfully, a minority—wait for years without a decision.
Why does it sometimes take so long to get a decision? Our dogged reporters at the Asylumist have come into possession of an internal Asylum Office document that sheds light on this question (ok, in truth, the document is publicly available, but it’s not so easy to find). The document is the Quality Assurance Referral Sheet, which lists the categories of cases that must be submitted to headquarters (“HQ”) for further review.
Cases submitted to HQ often face substantial delays. So if your case falls into one of the below categories, you can expect a longer wait for your decision. How long? I have no idea. Some of our cases that go to HQ receive decisions relatively quickly. Others languish for months; sometimes years. There seems to be no way to predict how long such cases might take.
Without further ado, here are the asylum-seeker categories that hopefully you don’t fall into:
Diplomats and Other High Level Officials: Any decision—grant, referral to court or a notice of intent to deny—in the case of a sitting diplomat to the U.S. or United Nations, other high-level government or military officials, high ranking diplomats to other countries, and family members of such people must have their cases reviewed by headquarters. The same is true for any asylum applicant who fraudulently obtained a diplomatic visa.
National Security/Terrorism-Related Inadmissibility Grounds (“TRIG”): Any decision in a case that would be granted but for a TRIG bar, regardless of whether an exemption to the bar is available, must go to HQ. The TRIG bar is quite broad and many people are potentially affected. This includes people who worked for or supported terrorist organizations (or more accurately, organizations that the U.S. government views as terrorists), and even includes people who “supported” terrorists under duress. An example might be someone who paid money as ransom or who was forced on pain of death to provide services to terrorists. TRIG is particularly tricky because some cases (recent numbers are not available, but last year’s numbers are here) are placed on indefinite hold, meaning the applicant will never receive a decision, at least not until the government gets around to enacting new regulations on the subject. If you think your case might be subject to a TRIG hold, you can email USCIS (the email address is here, at the bottom of the page). In my limited experience (two cases), USCIS has been responsive and has informed me whether my cases were being held due to terrorism-related grounds (they were not).
Other National Security: In order to grant a case involving national security concerns, where the concern was not resolved through vetting, the case must go to HQ. Aside from terrorism, national security concerns can include a wide range of activities, including suspected gang membership or involvement in other criminal activities.
Persecutor-related issues: Asylum grants are referred to HQ where the evidence indicates that the applicant may have ordered, incited, assisted or otherwise participated in acts of persecution or human rights violations, and the individual has demonstrated that he should not be barred as a persecutor. Also, before a credible applicant is referred to Immigration Court or issued a Notice of Intent to Deny letter based on the persecutor bar, the case must be reviewed by HQ. You might fall into this category if you served in the police or military of your country, if you were a prison guard or you interrogated prisoners, and if your government has a record of abusing human rights.
Publicized or Likely to be Publicized: High-profile cases that have had or are likely to have national exposure, not just local interest, are subject to HQ review. If your case is getting media attention, or if it could affect relations with your home country, the case will likely be sent to HQ before any decision (good or bad) is issued.
Firm Resettlement: If a person is “firmly resettled” in a third country—meaning, she has the ability to live permanent in a country that is not the U.S. and is not her home country—she is ineligible for asylum. Where the asylum office would have granted the case but for firm resettlement, the case is sent to HQ for review.
Juvenile: Where the asylum applicant is less than 18 years old at the time of filing, the case will be referred to headquarter if the Asylum Office intends to deny.
EOIR- Prior Denials: Where an applicant was previously denied asylum by the Executive Office for Immigration Review (the Immigration Judge and/or the Board of Immigration Appeals), the case must be reviewed by HQ before it can be granted.
Discretionary Denials/Referrals: If the Asylum Office intends to deny a case or refer it to the Immigration Court based solely on “discretion,” the case must be reviewed by HQ. This means that the asylum applicant met the definition of a refugee and is otherwise eligible for asylum, but is being denied or referred due to reasons that are not legal bars to asylum. A discretionary denial might be for a crime that does not bar asylum, like DUI or failure to pay child support, or for some other lack of good moral character.
National of Contiguous Territory/Visa Waiver Country/Safe Third Country: Where the Asylum Office intends to grant the case of an applicant from a contiguous territory (Canada or Mexico) and the case involves a novel legal issues or criminal activity by the applicant in the U.S. or abroad, the case must be referred to HQ. Also, cases of applicants from countries in the Visa Waiver Program must be referred to HQ before they are granted. In addition, grants of applicants who are nationals of countries with which the U.S. has a Safe Third Country agreement must be referred to HQ (the only country with which we currently have such an agreement is Canada).
Safe-Third Country Agreement: All cases in which evidence indicates the STC agreement may apply, irrespective of whether the applicant is eligible for an exception, must be referred to HQ. This means that anyone (regardless of country of origin) who was first in Canada (the only country with which we have a STC agreement) and then came to the United States for asylum, must have her case reviewed by HQ.
Asylum Office Request for HQ Quality Assurance Review: Any case for which the Asylum Office Director requests review from headquarters will be reviewed.
As you can see, there are many reasons why a person’s case might be referred to headquarters for more review (and more delay). It would be helpful if the Asylum Office could publish some data about HQ review—perhaps how long each category of review takes and how many cases are currently under review. I understand why HQ cannot easily predict how long the review will take for an individual case, but if more information were made public, it would help ease the wait for asylum applicants.
Hi Jason,
I believe you have mentioned that you had cases of former police officers applying for asylum. Can you share how long of a delay have you experienced with those cases due to the HQ referral for the persecutor-related issues?
Thank you!
I had a Peruvian police officer. His case was in court and it was granted with no problem. I also had an Afghan officer whose case was in court, but the court case was delayed as background checks were not complete – that is the first such delay I ever saw in court, and the case is still pending. I also have another Afghan officer who did his interview 1 or 1.5 years ago and his decision is still pending. Maybe there are others, but those are the ones I can remember now. Take care, Jason
Jason,
Thanks for your reply. When I returned to the Asylum Office for a decision I was told that the decision has not been made as the officer needs more time. I suspect she has referred my case to the HQ due to past service in police, as towards the end of the interview she specifically stated that now she needed to ask me some questions that related to my service in police. However, when I asked the clerk whether no decision is due to my case being referred to the HQ she kind of brushed me off saying she doesn’t know the specifics and was just told to tell me no decision has been made, and to come back in 3 months if I don’t hear from them. Do you know of any reason why they wouldn’t confirm or deny the HQ referral? I mean, some transparency and accountability would really help in situations like this. Another thing, is there any way with the HQ referrals to find out whether the officer’s recommended decision is a grant or a referral to the IJ?
Thanks Jason.
I think there is not way to know whether the Officer’s recommendation is grant or denial; not until you get the decision anyway. They rarely tell you anything about HQ; some clerks tell you more than others, but it is possible that the clerk you talked to did not know (I really do not know how much the clerks at the window know). I certainly agree that more transparency would be helpful. Good luck with the case, Jason
Hi Jason,
You have been a hope of many people who are left hopeless and helpless with no interviews. At least you light on some possibilities on what is going on with waiting times.
I recently got asylum interview for Jan 13, 2016, after more than two years of applying in San Francisco. Then suddenly it is cancelled without any reason. I also had applied for TPS ( Nepal) within the designated period, the biometrics for which was scheduled for Jan 14, 2016 (next day of interview). Do you think my TPS application has to do with this cancellation of asylum interview?
I consulted two lawyers (one of them was my own hired attorney for asylum case) before applying TPS. They told me to go ahead and apply saying that the two processes are totally different things. Even the TPS websites also states the same. Its really frustrating.
Sachin.
Interviews are canceled all the time for reasons we do not know – so I doubt it is related to TPS (but with asylum cases, you never know for sure). USCIS prioritizes rescheduling interviews, so you should not wait too long for a new date. If you do not hear from them in a month or two, you (or your lawyer) should contact them to see when they plan to reschedule you. Good luck, Jason
I insisted my lawyer to ask the reason for canceling. The lawyer was informed from asylum office that my file is not at asylum office and has gone to TPS service center. Isn’t it weird? Does the asylum file goes to TPS service center If someone has filed both TPS and Asylum?
I read everywhere that two processes are completely different. one application doesn’t affect other.
Have you ever heard this type of case before?
THX
Sachin
I am surprised to hear that – I’ve heard of such things happening to people in immigration court, but not at the asylum office. Maybe you want to contact the Ombudsman – this might be something they can assist with, though they are not very fast. A link to their office is at the right. Did the asylum office give you a sense of the time frame for this?
Hi Jason, today I went to asylum office myself to inquire. They said the same thing. when I asked about the time frame, they said they will schedule the interview when the files comes back. it may take about 2-3 months.
Do you think I should try Ombudsman?
THX
Sachin.
There is no harm, but it probably won’t help. It will take the Ombudsman at least 2 or 3 months to get back to you in a substantive way. Hopefully, their estimate for your case is correct. Take care, Jason
HI Jason,
I got an offer for a job on H1. Is it a good idea to withdraw asylum and file H1 (though I have EAD from pending Asylum)? what are the chances of approval?
I am considering this so that I can bring my wife on H4 (dependent). Does it have any impact in future in any way (especially if the employer sponsor green card for me)?
Its been more than 2 years since I filed asylum, I got interview but then cancelled 2 months ago because I filed TPS, and has no signs of rescheduling yet. The asylum office does not give any information further.
I would really appreciate your advice.
sachin
You may be able to file for H1b and keep your asylum case going at the same time (and bring your wife on the H4). However, to get the H1b may require you to leave the US – it depends on your specific situation. You should talk to a lawyer so he can advise you about this. Take care, Jason
Dear Jason ,
Today I had my asylum interview at the anhieam asylum office and it went well but the officer told a me that he cannot make a decision on my case till he receive the file from my marriage from the service center ( I have pending I130/I485 I765)..
1- is that gonna effect my marriage case .?
2- is that gonna effect the employment authorization .?
Thank you so much
It should not affect your employment authorization. I do not know how long that will take, and if it raises questions, they might need to interview you again. Probably the only way this would be a problem for either case is if there are inconsistencies between the two cases, which could cause USCIS to think you are not telling the truth. Take care, Jason
Dear Jason ,
Thank you so much for your response , i really appreciate that ,
Another question :
The officer said Yesterday that your files need to be consolidated before a decision will be made on your asylum application..
Is that mean they gonna transfer my file from National benift center to anhieam asylum office or not .?
if they do , is that gonna delay the marriage case .?
Do you have Any recommendation .?
I do not know what that means – they are two separate cases. Maybe it means they want to review the marriage case file before they issue an asylum decision (to look for inconsistencies maybe). If that is the case, I expect it will take some time. I am not sure what you can do, other than make periodic inquiries to check whether there is progress. Take care, Jason
Hi Jason,
You have been a hope of many people who are left hopeless and helpless with no interviews. At least you light on some possibilities on what is going on with waiting times.
I recently got asylum interview for Jan 13, 2016, more than two years after applying in San Francisco. Then suddenly it is cancelled without any reason. I also had applied for TPS, the biometrics for which was scheduled for Jan 14, 2016 (next day of asylum interview). Do you think my TPS application has to do with this cancellation of asylum interview?
I had consulted two lawyers before applying for TPS ( one of them was my own hired attorney for asylum case). They told me to go ahead and apply saying that the two processes are totally different things. Even the TPS websites also states same. Do you have any idea what might have happened? THX
hi !
I just wanted to ask you in relation to the renewal of the EAD, we must do four months before the expiry date or before three months …………… chicago and now deals if what year?
You should look at the expiration date on the EAD and file the renewal 4 months prior to that date. Take care, Jason
Sir,
I have a pending asylum case. I want to marry a GC holder but my lawyer told me that she cannot file a petition for me. And, you said that if you get married your spouse can claim you and you close the case immediately. Can the USCIS ignore the reasons of your case delay and grant you with papers through marriage?
Thanks.
You can marry her, and she can file for you. However, depending on your immigration status, you may not be able to get the green card without leaving the US. In some cases, if you leave, you cannot return. If she becomes a US citizen, then you can (usually) get your green card without leaving the US (except people who entered the US without inspection cannot usually get a green card through marriage to a US citizen). You need to talk to a lawyer about the specifics of the case. I think either you did not understand your lawyer or your lawyer is not giving you correct advice; you may want to seek a second opinion from a different lawyer. Good luck, Jason
Jason,
My question is this: Can USCIS drop my asylum application and work on my wife’s petition? Or they will always consider the reasons of my asylum and deny my wife’s petition?
Thanks
Unless you withdraw your asylum case, USCIS will work on both. One should not affect the other. However, I do not know whether you are eligible to get your green card, assuming your wife’s petition is approved. Good luck, Jason
Hi Jason, hope you are doing great.
I have a couple of questions
1. I have applied in January 2015 in Arlington and still waiting. Do you know what month are interviewed these days?
2. My family back home got a serious problem so that I am sick too here. So how can I apply for short list to get fasten? And how long to wait the short list?
3. Currently my address is in Virginia, but i am planning to go out of this state where I can get a job. So do you think there would be a problem for the address change in this pending status?
thanks !!
As far as I know, the short list in Arlington is currently closed, but you can contact them to ask. You can also ask that they expedite your case. Arlington is currently interviewing cases filed in September 2013. If you move, and it is a permanent move, you are suppose to inform the government. If the move is temporary, and you keep your permanent address, you do not have to tell them. If you are not sure about this, you may want to talk to a lawyer. Take care, Jason
Thanks so much Jason
Hello Jason,
Just a quick question, I am currently waiting for 18 months after my asylum interview in NYC. I have two children who were born in the US. Do you think having children who were born in the US will affect the Asylum case decision or processing?
Thanks for your continuos support.
Tim
In general, it does not have any effect on the case, but it is impossible to know what is in the head of the decision-maker. Maybe it makes him more sympathetic to your case. Generally speaking, though, it has no effect. Take care, Jason
hi jason ..
what do u mean by ressetled in 3rd country ?
I am iraqi came from dubai but u know in dubai our residency visa depends on work once your work contract finished you have to leave the country!!!
is dubai detemine a 3rd country ??
Dubai is a third country, but generally, they do not grant permanent residency, and if you do not have permanent status, you are not firmly resettled. We have had many clients who lived for months or years in Dubai, but it did not block their asylum. Take care, Jason
Can asylum be granted without interview?
I think not for a normal asylum case. Maybe there are exceptions, but I have never seen it.
hi Jason,
My name is sam. I applied asylum in 2014 June. I got finger print. After that I applied EAD , the EAD was not yet received my mail box. I consult with my lawyer about my situation and they ARE apply affidavit and loss of card. I call USCIS And asking my replacement card receipt number. They said we did not received to I765 form. I feel very bad and fully lose my hope and I didn’t get any hearing date from asylum immigration office. I have one more think actually my case was filed in newyork. Current I am in Maryland. Can I possibly to change my case in Maryland and getting hearing easier? Please provide some information from your side Jason.
Thank you.
You can check the Asylum Office Scheduling Bulletin (link at the right) to get an idea about when your interview might be. I don’t understand your question about the EAD. You still don’t have it? If not, something is clearly wrong. You can contact USCIS or the Ombudsman (link at right) for help. If you move to Maryland, it might make your case slower due to the move, but that is unclear to me. Good luck, Jason
Dear all Asylum seekers, and Mr Jason.
it has been a while i have not been here. i wanted to stop by and see how the situation is and give you a simple word of encouragement.
I applied for asylum through the Chicago office in May 2014 and in Feb 2015 my case was approved. The 9 months seems so small to some of you, but looked like hell. I was in tremendous pain and anxiousness but i prayed so hard. I remained calm, and took each day as it came. In my case, i had nonthing much to do to change anything, and i believe it is the same thing with most of you. You cant do anything about it in most cases, if you did everything right.
I came on this blog every day to pick words of encouragement. Jason was so helpful, he is such a kind guy with a big golden heart. After getting my approval letter, i immediately thought about petitioning for my family. So i contacted Jason to see if i can pay him to help with the process. Jason assured me that i can do it myself and that i didnt have to pay him. I took his word and today, i just got approval letters for my son and wife.
I just want to thank you Jason for the good work you do for us. I always wish i could meet you for a cup of coffee.
To you all asylum seekers, do not lose hope. DONT give up, it is real, your time will come and it will all seem like no time has passed. Believe in your self, and dont look for negativity, be active in other things that can occupy your minds.
Much love, Davis!
Congratulations. Hopefully, your family will be here soon. Take care, Jason (and of course, I can always use a cup of coffee)
Hopefully one day the creator will make us come together for dinner. I would tell my family how grateful i am with you.
I have no idea how long its going to take for my wife and son (2yrs) to be here. Case was forwarded NVC…
Be patient, as it could be a while. We have one recently that took about 3 months to issue the visa (after the I-730 was approved), but that seems to me to be faster than usual. Good luck, Jason
Hi Jason.
Thank you very much for your kind help and support.
My question is, do i need a student visa if i decided to continue my studies wile my asylum case is pending? or Pending Asylum with valid Working Authorization should be sufficient as a status?
Thanks again. Tim
Pending asylum with work authorization should be enough. You might want to ask the school, however, as different schools have different requirements and there are no laws about attending school on an EAD (at least that I could find). If you do give up the F-1 status, it will be much more difficult for you to change to an H1B visa, if that is an option for you. Take care, Jason
Hi Jason,
Thanks in advance for your continoues help and support.
I have applied for asylum end 2013 and was interviewed in NYC within couple months. I haven’t heard from the asylum office since then. However, I decided to carry on with my life. I have been recently accepted in Boston University to continue my studies. The question is, Do i need a student visa to be able to study? or the pending asylum and working authorization should be sufficient status for me to start going to school? Thanks again.
Schools make their own decisions about that. Our clients with EADs based on pending asylum have always been able to attend school. You will have to check with the school, but my guess is that you will be allowed to attend. Probably, you will have to pay out-of-state tuition. Take care, Jason
Dear Jason, i am asylum applicant, I left two daughters behind back home, they are 18 and 14 years old, is there any possibility to bring them here, please advise me. Actually, my elder one now studying in Istanbul University, but my 14 year old girl is now alone home, at list to bring the small one?
Thanks,
Dilya
They would have to apply for a visa, like anyone else. This may be more difficult, since their parent has filed for asylum. Perhaps the best option would be to apply for a student visa (F-1), if they can afford it. This is more appropriate to the older child, in college, but the younger one can do it too (private high school). Of course, you need the money to pay for school. Given the family separation, you can request that the Asylum Office expedite your case (I wrote about this on February 26, 2015); it is difficult to convince them, but maybe it is worth a try. Good luck, Jason
Thanks a lot!
Hi Jason,
I send the I-131 form and they told me it will take between 1-3 months to get a response.i have a family emergency and i need to travel next week. what are the documents needed to present at the airport if i do not have a travel document.in other words can i leave the US Without the travel document? thank you.
If you have a valid passport, you can leave. However, you may not be able to come back. I would recommend you talk to a lawyer before you depart, to see whether it will be possible to come back. Good luck, Jason
hi Jason,
I received a letter after submitted an inquiry to USCIS about my pending asylum case at their office saying: Will issue the decision very shortly, now 2 months passed already. Is it OK to send another inquiry about the status?
FYI filed,interviewed since 3/2013.
thank you
I think there is no harm in sending an inquiry, but I don’t think it does much good either. I really wish they would not give time frames for decisions, since they are very often wrong, and that makes it even worse for those who are waiting. Take care, Jason
Dear Jason, I’ve couple of Q, I appreciate your feedback.
1. My asylum address is Maryland, my old address. then I recently moved to VA but because I’m waiting for my father EAD to come I don’t want to change address now! My issue is I want to contact the senator of the area regarding my case and my family, so which one I should contact? Maryland where my asylum address is so far, or VA where I reside now or it doesn’t’ matter?
2. MY father applied for EAD but they delayed for almost 3 month then I filed service request. thereafter the send him notice about a name correction , he sent them the document they ask for. Now it’s almost 1 month & no change on his status! do you have any clue why they make that take this long time? BTW his job was a police man! does this let him be under category need to be reviewed by HQ?
Usually the House/Congress offices are more responsive than the Senators, but generally this is a waste of time. I think you should wait until all the addresses line up before involving any congress offices, so there are no inconsistencies in your address. As for the EAD, when info is missing, it often causes delays, and I would expect a decision soon. The fact that your father was a police officer should not affect the EAD, though – depending on the circumstances – it could affect the asylum case. Good luck, Jason
you have been very helpful. thanks a lot.
Hi Jason Please help me to understand.
Jovid November 2, 2015 at 5:54 pm
CAN YOU PLEASE ANSWER MY QUESTION.
My wife came to USA. She was arrested from JFK and now she is in detention center waiting for asylum case decision. 5 months passed. All her hearings are done already. Judge said the answer will be mailed withing a month by mail or Oral decision will be made on Nov 3, 2015. She just got letter that her decision hearing will be held after 2 weeks from now.
What is going on. Why they always post phone the hearings. Why they dont just mail the god damn decision?
She has a lawyer. I have a feeling of that this lawyer is weak. Does it have anything regarding lawyer. The case is closed. There are no more individual hearings. Only the decisin left. She is in detencion center still for almost 5 months.
You should ask the lawyer about the possibility of getting her out on a bond. If she is not eligible, the lawyer should explain to you why she is not eligible. If you do not have confidence in the lawyer, and you can afford it, you might want to ask another lawyer to review the case. Good luck, Jason
Hi Jason.
I was captured by a terrorist group ,they wanted to kill me, because I was working for government, but finally got released with intercession of community elders by condition to quit my job forever. Before my release, my father oferred them money for my release, but the terrorists rejected it. Now i want to know, is this offer from my father a kind of duress? Can it affect my case? But anyway finally my father didn’t pay, however.
Thanks,
I doubt this will impact your case. We have had a number of cases where people were kidnapped, and the person’s family actually paid the terrorists without the person’s knowledge. In those cases (as far as I remember), we did not experience delays or problems because the family paid a ransom. So hopefully, this will not affect you. Nevertheless, this is a red flag for Asylum Officers, so you might be wise to have an attorney assist you in preparing your case. Good luck, Jason
Hi Jason,
Thank you for the time and efforts you are making in this blog.
I applied for asylum 3 years ago, have been interviewed twice and yet no decisions on my case. In April I sent an inquiry through the senator of my state to Arlington asylum office to inquire about the status of my case. They replied back that they can’t render a decision on my case until certain issues are resolved, also they mentioned something about ensuring public safety and national security. In September the senator sent another inquiry and we got back a reply that my case is now pending for Quality Assurance with asylum headquarter. As you mentioned in your post USCIS don’t offer time frame and if my case has fallen under TRIG bar a decision may take years. Do you think it would be a good idea to sue the asylum office so, they would be forced to issue a decision?
I do not know whether that would work, but my personal opinion is that you should sue (assuming you do your due diligence first – a lawyer can help with that). It can be expensive if you use a lawyer, but I believe that it is outrageous that people are waiting years for a decision. These long delays happen at the asylum office, but not in the Immigration Court. If it were me, I would rather sue, lose, and get sent to court, where I might get a decision, then sit around waiting forever for a decision from the Asylum Office. The main downside may the cost, though, as you are better to use a lawyer for this and it can be expensive. If you do it, let us know what happens. Good luck, Jason
hi Jason
sue in immigration court or the Federal court??
A mandamus lawsuit is in federal court. You cannot sue in immigration court, as those courts only adjudicate immigration cases. Take care, Jason
hi Jason Dzubow
i have few quotation about EAD.i am apply for EAD on 16 Sep 2015 and they send me recipet my wife and 2 children apply same day they don’t send me any permit right now. i have asylum case hear.i am first time apply EAD .how many day for get permit and one more thing sir i am a handicapped person i am on wheelchair can this country have any work for handicapped person and i need any special work-permit. i am verry worry how long get this process .thank u very much
Hello Jason,
I must commend your great work and would like to clarify. My spouse pending for an asylum interview and has my name on her application but not included as a beneficiary. She would be due to apply for EAD in 30 days. If she files additional dependent and adds me before she applies for EAD, would I also qualify for EAD at the same time with her?
Her EAD is completely independent of you, so she should just apply when it is time. If you want to be added to the case, you can do that at any time. To do it, you would need to contact the local asylum office to check the policy. Once you apply and get your receipt, I think (but I am not sure) that you can apply for the EAD on the same schedule as your wife – so probably it means you can apply right away. Again, I am not sure about that; maybe you can try asking the asylum office. In any case, it is free to apply, so the worst that happens is that they reject the EAD and make you apply again later. Good luck, Jason
Hello Jason!
Could please advise me how early I can apply to renew my EAD, considering this long delays ? My employer would not keep my position for me , if there would be a gap between old and new EAD! How many bays before the card expectes should I send the application ?
Card expires*
with in 120 days or 4 months. Good luck!
I think 90 days only
If Your EAD has Expired
If you are still eligible for work authorization but your EAD has expired, you should file for a renewal EAD by submitting a Form I-765, Application for Employment Authorization. You cannot file for a renewal EAD more than 120 days before your original EAD expires.
Dear Jason, thank you for this amazing blog which help us to understand and go through this hard process. I filled my asylum case last April, got and interview on July, and is still waiting to hear from the immigration…i wonder what is going on? I called several time to find out where my case is, and mothing. Should i fear and prepare to be deported?
Of course I’m not Jason, but I took the liberty of answering.
No, you should not fear and prepare to be deported. For one, your wait time between filing and interview was short, and you should consider this as a good thing than blaming as a long wait. Some people wait about 4 years just for the interview. You didn’t even wait for 2 years.
Many practitioners say that it’s impossible to “read” the asylum officer during the interview and guess whether he would grant or deny.
Further, even if your asylum case has not been granted, the game is far from over. Appeal to BIA and even to the appellate court if there’s a genuine legal basis to do so. At the BIA, you have a chance to plead for your asylum case anew, independent from the negative decision the asylum office rendered. I recommend that you relocate to fall under the jurisdiction of BIA located in NYC, NY to take advantage of its higher approval rate of 84%. Such an act is called “venue shopping.” It’s a legal tactic that is often used and there’s none wrong about it as long as you’re a genuine asylum seeker.
Notice that the government lawyers arguing against you at the BIA are often ill-prepared and blunder by raising an issue that was not brought at the initial asylum application. Your lawyer should challenge such mistakes whenever possible.
In the unlikely case that your BIA case is denied and you are proceeding to the appellate court with a genuine legal issue, relocate to fall under the jurisdiction of the 9th Circuit, which has been most favorable to the asylum seekers.
I understand relocating may not be easy, but if you are a genuine asylum seeker, I think there’s more than enough incentive to endure it. Moving once or a couple times is much better than what awaits the asylum seekers back home.
I’m not an attorney, and above is not legal advice. This interaction does not create a lawyer-client relationship.
I do not fully agree with this – if the case is denied by the Asylum Office, and the person is out of status, it is referred to the Immigration Judge (“IJ”). The IJ will be located wherever the person lives. Once the case is in court, the applicant can try again to win asylum with the IJ. If that fails, the applicant can appeal to the Board of Immigration Appeals (“BIA”). If you lose again, at the BIA, you can file a petition for review to the federal appeals court, but you cannot venue shop for your federal court, at least not at this stage. You must go to the federal appeals court with jurisdiction over the Immigration Court where the IJ heard your case. If, for some reason, you want to plan this far ahead, so that your federal appeal is heard in the 9th circuit, you would have to live in the 9th circuit at the time of your case before the IJ. In my opinion, this type of venue shopping is not all that productive. If you are going to venue shop, the best time to do that is when you are before an IJ, where most cases are won or lost.
Thank you for teaching me about what happens after the asylum office does not grant. I messed up by saying that it does to BIA, not EOIR. I also didn’t know that venue shopping is prohibitted if one loses at BIA.
As for the statistics, I wonder whether BIA publishes any. My understanding is that it doesn’t.
Jason, As much as I disagree with you because I contend that venue shopping is critical, I respect and thank you for all you do for people like us. I’ve never seen a lawyer willing to interact with so many strangers for free.
I don’t think moving to the 9th circuit’s jurisdiction before one’s case reaches EOIR is that wise because the appeal at BIA uses a clearly errenous standard, meaning that it wouldn’t disturb the previous ruling unless there’s a clear mistake. Your appeal is more likely to be effective at the EOIR level, not at BIA or the appellate court. An appeal at the appellate court isn’t even guaranteed.
As for the asylum office stats, while I agree with Jason that there are multiple asylum officers at each office, I’m of the opinion that venue shopping still matters because the AVERAGE approval rate varies by a lot depending on the office.
Further, after some research I found out that even if your case would be referred to HQ, you should still venue shop for the asylum office because the opinion from HQ is not controlling. Once the case is at the HQ, its asylum officer and supervisory asylum officers agree to the regional asylum office’s decision or only RECOMMEND a “modification.”
Another theory on why the average approval rate varies so much by the asylum office is that sophisticated asylum seekers with already strong cases choose to venue shop, thus resulting in even more probability of winning. I think such theories about the discrepency are interesting.
I’m not an attorney, and the above is not legal advice. This interaction does not result in a lawyer-client relationship.
Maybe I write too much on your blog, Jason. You don’t have to respond to every post I write.
Responding to posts is more interesting than my day job! Plus, I enjoy hearing your perspective. I need to review the asylum office stats when I have time. I used to be even more opposed to venue shopping, but as time has gone on, I am becoming more convinced. Sometimes, it is obvious (for example, I think last year, the Atlanta Immigration Court granted 0% of their asylum cases – so if you are seeking asylum and you are in Atlanta, you better move), and in other cases it is more subtle. Anyway, maybe I will write a post about that; it is a good topic. Take care, Jason
In our experience, a delayed decision does not mean anything, good or bad. There is very little (maybe nothing) that can be done to make them give you a decision, so you just need to be patient. These days, I tell my clients that you should assume you will win the case, and just try to live your life. If you put everything on hole while you wait for a decision, you will waste a lot of time. I know it is not easy to do that, but with the long delays, it really is necessary. Good luck, Jason
Hi Beta Lili
How r u ? Ur lucky that u got ur interview , i hope u will get ur aproval soon ,,, can i ask u a question from which office did u apply for asylum ????
Dear Jason
I filed my case on dec 2013 in Miami, now in October 2015 I work in New York using my work autorisation card (taxes are going to FL), and I still have my permanent Florida address. Being temporary here, in NY, I am very conserned about change of adress or any other potential quastions I might be asked on the interview. Please advice
Thank you very much
Of course I’m not Jason, but I took the liberty of answering.
Regrettably, your maneuver to move to NY was a very poor decision as an asylum seeker. I urge you to at least go back to FL or relocate to San Fransisco office’s jurisdiction. NY office is notorious for its lowest approval rate among the 8 asylum offices in the country, ranging from high teens to low twenties in percentage.
You are obligated to report the change of address within 10 days of move. Further, if additional delay is created as a result of your relocation, such would not be counted in your EAD application.
I’m not an attorney, and above is not legal advice. This interaction does not create a lawyer-client relationship.
If your move is permanent, then you must report it to USCIS using the form AR-11. Your case will then transfer to NY, which may cause some additional delay. If the move is temporary – meaning you kept your house in FL, you pay taxes there, your driver’s license is there – you may not need to file a change of address. In that case, you will be interviewed in FL. I really do not agree with Dale Lee that it is a mistake to move to NY based on the Asylum Office statistics. I need to review those stats, and maybe you should too, but each officer is different, and if you present a strong case, you should have a good chance for success, regardless of the office. Also, given the long waiting times, you have to live your life – get a job, go to school, etc., and you may not be able to remain in FL. Anyway, it might be worth it to review the statistics, but you also have to live your life, and if that requires you to move to NY, so be it. Take care, Jason
Thank you very much!
Dear Jason,
First of all I want to thank you for all this valuable work, help and care. It is clear that you are the only one who understands what we as asylum seekers are going through. I really appreciate what you are doing and I want to ask your advice or guidance regarding my pending asylum case.
I have applied to asylum back in February 2009 and was interviewed in June of the same year. (Applied in Anchorage AK through San Francisco CA Asylum office – without legal help). Since that time I have been waiting for the final decision. During that time my two sons are born here in the US. One is 5 the other one is 2 years old. (Both US citizens) Currently I reside in CA. I have been to the asylum office for so many times, I followed up my case continuously but there is no answer though.
What can I do and what should I do? I am in such a miserable situation. Any of you advice is highly appreciated. Thank you very much! God bless you!
Of course I’m not Jason, but I took the liberty of answering.
First, I advise you to stop visiting the asylum office. It’s a waste of your time, and it won’t get you the decision any sooner. Moreover, while I understand that the wait may be anxious, you applied at an asylum office with the highest approval rate in the country, so that should relieve some of that anxiety.
Like my reply to Bata above, even if the San Fran office denies you, you still have BIA and possibly the appellate court. Also, I advise all asylum seekers to venue shop if able and needed.
I’m not an attorney, and above is not legal advice. This interaction does not create a lawyer-client relationship.
Again, if a person loses his case at the asylum office, it goes to the Immigration Court, not to the BIA.
Unfortunately, there is not a lot you can do that is effective. You can contact the Ombudsman – sometimes that helps, and at least they might give you a better idea about why the case is so delayed (I discuss this in a post dated February 26, 2015). You might also consider a mandamus lawsuit (also discussed in the February 26, 2015 post). Otherwise, my best advice is to assume that you will win and just live your life. These delays are a huge hardship to people, but they are almost totally out of your control, and so you have to live your life and establish yourself here. Good luck, Jason
I went to the asylum office and they told me that my case is in the headquarter, it has been about 19 months after interview and they told me that it may take a while! another year or maybe more, Can I do anything or should I wait? what’s your advice? Thanks
I do not know anything you can do that is effective. You might try contacting the Ombudsman, but at best, this would probably just give you more info; I doubt it would make the case faster. The Congress offices are basically useless as well, unless you have a very strong connection and the Congress person contacts the asylum office personally. It is very frustrating. Good luck, Jason
Thank you for your replies to my post, Jason.
As you know, some asylum seekers venue-shop for the asylum office with a higher approval rate by relocating. But suppose that my case is one of the categories that would be reviewed by HQ. Does that mean there’s no point in venue-shopping?
By “HQ” do you mean the USCIS HQ in Washington, DC or does each of the 8 asylum office have its own HQ?
I think it is the national HQ – in Washington, DC. I am not a big believer in venue shopping. There are good and bad asylum officers in each office. If you get a good one, it will help; a bad one will hurt. But I think it is difficult to generalize by office. Also, I have not seen statistics on which offices are most likely to grant (if you have them, I would be interested to see them).
Yeah, there are good and bad officers at each offices. But I’m of the opinion that venue shopping is crucial in both affirmative and defensive asylum due to the average discrepency you can see in grant rates. I know several practitioners and legal scholars who have criticized the US immigration system about the huge role asylum officer/Immigration judge’s discretion plays. For one, there’s a book called “Refugee Roulette.”
In 06/2015, San Fransisco office had a commendable 74.73% approval rate. Compare that to 19.37% approval rate from NY office Nazis. For the San Fran office to have such a high approval rate is no abberation. It consistently has the highest approval rate, ranging from 64-78% during the recent months. The same applies to the offices with the lowest approval rates.
For this reason, I think venue shopping matters more than even which lawyer to choose. In a book titled “Winning Asylum Cases,” authors dicuss various potential reasons for such difference ranging from SF’s political climate to lawyer competency in the regions, office culture, etc. But no one can know it for sure, naturally.
visit uscis.gov and search “asylum office workload.” If you click “asylum office workload June 2015,” in one of the results for instance, the page titled “asylum cases completed” would show monthly approval rates by the office.
For EOIR, venue shopping also matters because some xenophobic courts like El Paso, TX would give you LITERALLY 0% grant rate by declining every goddamn one of the 120 cases it received in the fiscal year 2014. Compare that to NYC, NY immigration court with a respectable 84% grant rate. Visit http://www.justice.gov/eoir/statistical-year-book for EOIR statistics and refer to page “K2” to access this information.
Evidently, there’s much venue shopping already going on at the EOIR level because NYC court adjudicates a significantly higher number of cases than the court with the second highest case volume.
I am sorry to say that I agree with most of what you say – there are disparities between certain offices, and certain courts will basically deny everything (I am thinking of Atlanta). I am not convinced that this is as crucial with asylum offices, mostly because there are so many officers and so, depending where you file, you might get a good one or a bad one. I will have to check out the stats you refer to.
hi jason
my case is in headquarter..i am from iraq
in the interview i told them the following:
1. when i was 13 years old , iraqi regime try to give military training to students in the all schools.that happen in the middle of ninteeth 1995 or 96 or 97..for one or 2 weeks.
2. As a students..arab baath party sometimes obligate us to pay a small amount of money. i do not remember if i gave them..because it was a long time passed ..if i gave them it was like 25 cents for one time.
3.later in life , i became a physician, sometimes prisoners come to the hospital by the iraqi gov..i heard from the guards of some of those prisoners that they are arrested trrorists..we treat them i explained in the interview that it was legal as it is ordered by official iraqi gov.
Are these subjected to TRIG? what do you think? any help or advise ?
Thank you
Only # 3 might be subject to TRIG, but I doubt it. You can email the TRIG email address I listed in the posting, and maybe they will tell you. The other issues – military training and membership in the Baath Party – could result in a delayed decision, but I think this is due to additional background checks or HQ review, not TRIG. Good luck, Jason
Thank you jason for answer..
Do you think that #3 make my case hopeless and more complicated..
Or it might be resolved and they understand the issue?
Thank you again
I think #3 makes it more complicated, but it certainly does not make it hopeless. I do think this is understandable, and we have had physicians whose cases were granted where there were similar concerns. Good luck, Jason
Dear jason
I filed my case on dec 2014 in florida now on October I found a good job in Virginia and I rented a place here in va , but I still have my florida address do I need to change my case also or no since I have my Florida address still ?? Thanks
There is no hard and fast answer. If you move, you are supposed to change your address. But if it is a temporary move – meaning, you keep your old address, maybe keep you old driver’s license and file taxes at the old address – then maybe you do not have to update the address. In many cases, it is a judgment call. If you are not sure, you might want to consult with an attorney about it. Take care, Jason
Hello Jason thank you for all you work I have 3 questions for you:
1. How long is taking the AED in the Texas Center. I have 6, days now.
2. Today I received a “Your Name was updated” notice I do not if this is a good or bad idea for me.
3. What is happening with the interim AED? I went to my local USCIS office and they told me that they are not doing interim AED anymore.
Thank you
I have 8 weeks waiting***
I believe there are no interim EADs. Normally, from the time of filing, it takes 2 or 3 months to get the EAD. These days, there seems to be more delays, so it could be longer (and we have had a few people get it in less time – maybe one month). As for the name update, I do not know what that is. Take care, Jason
Dear Jason,
I completed my asylum interview last week while my EAD application has been pending for a while. Yesterday, I called USCIS to make an inquiry about the EAD; it is out of normal processing time. They just replied and said that they put my case under processing hold because they are waiting for the result of security check. My question is:
Do they normally do security checks for EAD, or is that for the asylum case?Do they check security to approve your case if you passed the security check, or they have to do it no matter what the result would be?
Thank you for your amazing job!
Desta hii
From which office you did ur interview?? And for whow long your waiting for interview ????
Thanks for your concern
San Francisco- seattle field office. My case has been pending for about 2.6 years,and fortunately, I was able to expedite it. Good luck!
I believe that they do not do security checks for EADs, but the security check process is secret, so maybe I am wrong. Almost everyone is facing delays with EADs, so maybe it is just the normal delay. Hopefully, you will have the card soon. Take care, Jason
Thank you Jason! The first time I contacted them for EAD, they said “Extended review” and when I contact them right after the interview, they are saying “We have placed your case on a processing hold, because the required security checks remain pending.” Do you think they are waiting security checks for the asylum? At the interview, the officer told me that she is going to decide right away and the supervisor will review it. It looks like the interview went well, but you can’t really tell from the officer reaction. I hope they approve it. Thanks for your great replies and help.
My understanding is that the EAD and the asylum decision are independent. We have not seen anyone apply for an EAD and have it delayed due to security checks. We do, however, often see asylum cases delayed for security checks. If you think the interview went well, that is a good sign, but I agree, you cannot always tell. Good luck, Jason
Hello Jason!
First of all, THANK YOU for all you doing for us!
My husband filed for asylum back in June, 2013 in Miami (according to uscis web site they are interviewing cases from February ,2013 now)! Recently we moved to Detroit… We are under jurisdiction of Chicago office I suppose which interviewing cases filed in May, 2013. Do you think this will speed up our case or it can slow it down?
Thank you very much one more time! Being informed is the only thing that can make easier going through years of delays..
Unfortunately, I really do not know whether the move will help or hurt. We have seen different results from different moves. I might try to ask this question at a future liaison meeting, as the issue comes up frequently. If I get an answer, I will post it here. Good luck, Jason
Jason, could I pick your brain a moment?
Suppose an applicant files for affirmative asylum on time and has proof from the post office that it was delivered on time, and USCIS sends no acknowledgement of receipt, but only a biometrics notice with the date of filing listed as after the one-year deadline. If the applicant were then denied an interview and referred to Immigration Court for missing the one-year deadline, even though he has proof that he did not miss it, could he fight that decision in any way?
You might want to FOIA the file – we did that once and got proof of timely filing. Also, you can ask for reconsideration with the asylum office, though this is probably a waste of time. Maybe you are better to present evidence of timely filing to the DHS Office of Chief Counsel. If they agree, maybe they would then agree to granting of asylum. We have had this happen in a number of cases, in different contexts. Take care, Jason
2013/9 interviewed
2013/10 spouse reinterviewed(spouse worked for gov)
2015/3 request for expedite
2015/3 RFE notice
2015/4 notified RFE document received.and mention”case under extended review” this may be HQ review?
2015/8 notice for 2nd fingerprint for applicant (no spouse)
case still pending till now.
any idea to expedite it? you can do nothing to the HQ right?
I do not of an effective way to get HQ to go faster. Maybe if you have a high level connection in Congress or the government, but even then I do not know whether it would help. You can try the Ombudsman. Sometimes at least, they give you some more info about the status of the case (like whether or not it is at HQ). Good luck, Jason
Hello Jason,
I would like to ask you about EAD. I have already given finger print for my asylum application. And I applied for EAD because I already passed the 150 days. Do I have to give finger print again?
Thank you
It seems that different offices may do this differently, but in general, our clients are fingerprinted for asylum, and fingerprinted again for the EAD (this is an example of a total waste of government resources). Take care, Jason
Thank you very much!
Hi, Jason, thank you for your time and effort. I want to thank you in advance. I have a question that always bothers me. Do you think it’s safer to have a short declaration or a longer one? How many pages would you consider to be too long?
I have so many things to tell in my declaration; I am a bit concerned that the lengthy declaration will cause the interview to be long and drawn out, making me become tired and stressed in the interview. Would you consider 35-40 pages too many pages?
Good lawyers have different opinions about this. My opinion is that longer is often not better. You are not writing a novel about your life. You are trying to win an asylum case. If you say more than needed, you simply create opportunities for inconsistencies. What is most important is to include the legally relevant information. Since this is not always apparent, it may be worthwhile to have a lawyer help you. For what it’s worth, our affidavits are typically 10-15 pages, but we have done some that are 5 pages and others that are 40 pages. It just depends on the case. Good luck, Jason
Jason, thanks for you opinion on this. Really appreciate it.
Hey Jason,
First of all thank you so much for all the efforts and replies that you put in for the queries put in by different people.
I have a question. I was granted asylum 4 years back and I am a GC holder. My wife came to the USA in 2013 as a visitor and applied for asylum and she is still for the interview. we were not married when she came here. we got married 2 years back. When I apply for my citizenship next year, will she be eligible to apply for the naturalized citizen as she will be married to a US citizen(after I get my US passport) for more than three years?
If not, then once her asylum is granted, can i change her status to a spouse greencard holder from an asylee?
I will be waiting to her from you Jason. Once again, THANK YOU SO MUCH!!
(my wife) She is still waiting for the asylum interview’
Once you are a citizen, you can file for her and (assuming she is qualified) she will get her GC. If she already has asylum, you can file for her to get a GC – the advantage is that she will be able to become a US citizen in 3 years, based on the marriage. The disadvantage is that you will have to pay the I-130 fee ($420). Take care, Jason
hi jason, thank you for everything
is what I know the situation on chicago if they are on the case regardless of which month and year
I don’t understand your question. However, if you Google “asylum bulletin,” you will find the website that tells you about asylum seeker delays at each office. Take care, Jason
Hey Jason, Like Others I appreciate you for the frequent posts notifying us about the USCIS asylum office and i was just curious if you have any idea what is going on at the Arlington office which is interviewing cases filed in August 2013 since June 2015. My other issue is I applied for EAD renewal and it has been 3 months, i contacted them and they said the security check is still pending, do you know how long it takes to complete the security check process?
I don’t know what is happening at Arlington, but it has been slow lately. I think a lot of the officers are interviewing people who arrived at the border, but I am not sure. As for the EAD, there have been delays, and so your situation is not unusual. Most people seem to have the EAD by about the 4th month, so hopefully you will have it soon. Good luck, Jason
I applied in December 2013 in Boston. I haven’t received an interview notice to date and I am hanging in there not to loose hope. How can I find out the interview schedule for Boston? It’s so difficult as my child is back home and I constantly fear he will be abducted by my ex.
You are in a sub-office of Newark, which is currently interviewing cases from the summer of 2013 (http://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin). Probably Boston is slower than that, but USCIS does not publish the waiting times in Boston. You can try to contact the asylum office directly to ask them, or ask a lawyer (or non-profit) in Boston who might have an idea about this. Also, you might want to ask them to expedite your case given that your child is in danger. It is not easy, but I wrote about this on February 26, 2015, and maybe it would be worth a try. Good luck, Jason
An interesting post, Mr. Dzubow.
On the other hand, it may not be entirely negative to an asylum seeker’s interest that he faces a long wait.
As you know, for one, an asylum seeker may end up marrying a US citizen while the case is pending. An expired passport does not prevent one from adjusting status through marriage. One of your previous posts mentioned the DV lottery while waiting for asylum, but I understand marriage or winning a lottery would be an unlikely outcome for most asylum seekers.
For another, in the case Matter of Chen (No. A-26219652, 3104) BIA rendered discretion to grant an asylum for a Chinese applicant despite the fact that while he suffered past persecution, his chances of being subject to future persecution was low. One of the factors in deciding to grant the asylum, although not a controlling factor, was that the applicant had been living in the US for 8 years. BIA included the amount of time spent during the pendency of the case when counting the 8 years. Looks like the long wait can help in getting your asylum granted.
I don’t remember Matter of Chen, but the situation you describe there is very rare, at best. The only people who benefit from delay are people with weak or frivolous cases, who are gaming the system in order to get an EAD. From my point of view, we want to reduce the incentive for such people to claim asylum, and we do that by reducing delay. Legitimate asylum seekers almost never benefit from delay, and many are severely hurt by it (separation from family, stress). It’s nice to look for a silver lining in the delay, but for the vast majority of legitimate asylum seekers, it is a real disaster.
Thank you for your reply, Mr. Dzubow.
In the Matter of Chen case, the asylum seeker was a Chinese who initially came to the US on a student visa. He was allowed to stay for 1 year and 9 months, but he stayed beyond that till he was served with a notice to appear for a deportation hearing.
From his initial entry to the US till the BIA decision, it took over 8 years, which BIA cited as a favorable factor for Chen. I see that a long wait resulting in the foreigner being in the US for 4 years would most likely not help his asylum case, but what if he had been living in the US for several years before applying for asylum like Chen, thus the duration he has been living in the US being near 8 years or more? Would that help the asylum seeker? I ask this because by the time of my interview date, I would have been legally living the US for about 13 years.
The Chen case and its 8 year duration were mentioned on a publication for asylum attorneys by Immigrant Legal Resource Center.
Length of time in the US is often cited as a positive discretionary factor in certain waiver cases, but I have not seen it used as a favorable factor for asylum. I suppose it could be, especially if the asylum seeker was engaged in political activities in the US, and the home government is unhappy with those activities. Or maybe in the case of a person who is “Westernized” and as a result will face persecution at home (for example, in certain very traditional societies, “Westernized” people might face persecution). Take care, Jason
Hi Jason, thankyou for this very informative article. I am pending a decision for 9 months now, my father has a severe medical emergency in my county of origin. I am really worried about him and really want to visit him, he is my everything !! Is there any way law allows me to go just for a week and come back. God bless you !!
You can apply for Advance Parole (form I-131). That is a slow process with its own problems, but you can get permission to leave the US and return. The problem is that if you go to your home country, it will cause you to lose your asylum case (the form I-131 asks whether you will go to your home country). So it would be better to meet your father in a third country. This situation is a real difficulty for you and for many people that I see, I wish you good luck, Jason
Hi Jason thanks for your reply. How about if I send my wife who is a derivative on my case. Will that effect my case in any way or will that cause any issue to her on return. I wish there was a way or a special category where they could expedite the cases. I would like to add just one more question that is an asylum approval letter enough to work in the US or one would still need EAD until a green card is issued. Thank-you.
You need the EAD to work, but usually that arrives within days of the approval. If you send your wife out of the US, it may be difficult for her to re-enter. If she goes to the home country, it could also raise questions about your own fear of return, so it could effect your case. Take care, Jason
hello jason,
i seeked asylum from east Africa as a transgender things haven’t been easy for me.so this guy accommodated me and i have deeply fallen in love with him so his willing to marry me we have been together four 6 months. so hat can i do can i marry him and still continues to wait for my asylum or he is american citizen he can file for me green card kindly advice thanks dear.hes willing to file for me please kindly advice thanks
If you entered the US legally, and the spouse is a US citizen, you can probably just apply for your green card. Once you get it, you can close the asylum case. However, there are sometimes issues, and you would do well to hire an attorney to help you through the process. Good luck, Jason
thanks Jason…
my question is… is the same situation for the case if one of the family members NOT the main applicant, fall in one of the above categories.
I don’t know. You would think that it would apply because that person needs to be checked, but I am not sure.
thank u Jason
well done like always…
the best part for me,( for pure human issue) the asylum office must support asylum seeker some more details about case with HQ , not just ( ur case pending for decision… go home come after 60 days if no update ).
Yes – I thinks if people feel more informed, it makes it easier to endure the delay.
So as an asylum seeker from Syria a lot of organizations are asking me to speak publicly about my case ! Do you think this will cause mire delays if its out to the media or the opposite! We even didnt conduct an interview yet and we filed in April 2014
I wondered about that myself. I always thought publicity would help a case go faster because they would give it higher priority. Anyway, I doubt the type of publicity you are discussing would require HQ review. Unless you really became well-known, it probably won’t affect the case. The delays I discuss here are after the interview; your current delay is due to the backlog, which affects everyone. Good luck, Jason
The criteria for what cases require HQ review changes from time to time. I don’t know when the last time the referral sheet was revised, but you should check it every year for changes.
Generally speaking the longest cases will be TRIG referrals since many of those will have to be reviewed by the TRIG working group. If an applicant’s story has anything in it involving any contact with any group that can be fit under the terrorist definition (and tier III can be almost any group of two or more individuals), chances are good that a material support referral will be triggered. After TRIG referrals the next most time consuming cases are diplomats since DOS has to be notified and comments. The other categories shouldn’t take more than a few weeks.
That is very helpful – Thank you
Hi Jason,
20 months passed since I was interviewedat Arlington USCIS office.Still waiting……None of the reasons mentioned above apply to me.
what you advise me? continue waiting or …..
Thanks
I did a post on February 26, 2015 with some ideas – maybe contact the asylum office to check with them, and contact the Ombudsman. Good luck, Jason
It’s interesting that your take is only a minority of cases take years for decisions. I work out of the Chicago asylum offices and I find the opposite to be true. We rarely get a quick decision anymore (if ever scheduled). Our organization has 20-something pending now, probably 15 are over one year. Who knows what the government might uncover, but they are all fairly basic PO and PSG cases.
Maybe I rely too much on anecdotal information (my own cases), but most of our clients – even the ones from “slow” countries – seem to have decisions in less than one year. That may be changing, however, as we are not receiving many decisions lately, and the clock is ticking…