If you want to maximize your chances for winning asylum, where is the best place in the U.S. to apply?
It’s unfortunate that we even need to ask this question. In a perfect world, the approval rates for each Asylum Office would be about the same. But in the real world, approval rates vary–by quite a lot, it turns out.
Our team of mathematicians here at the Asylumist have been working hard to analyze the most recent data from the Asylum Office, and we’ve summarized our findings in the attached chart. You can see that the approval rate for the San Francisco office (76.5%) is significantly higher than for the other Asylum Offices. The next best offices are Arlington (51.8%) and Los Angeles (50.7%), followed by Chicago (38.3%), Miami (37.7%), and Newark (35.8%). The worst offices are Houston (27.6%) and New York (22.6%).
First, a word about methodology: We used monthly statistical information from the Asylum Division Quarterly Stakeholder Meeting to calculate the percentages. USCIS posts this information four times per year, and you can see the latest posting here. We looked at the numbers from the most recently available six month period: April to September 2015. To determine the approval rate, we removed from the mix (technically, from the denominator) asylum denials based on no-shows–in other words, where the applicant herself never attended the interview.
Just for fun, we added another column listing the length of delay before the interview at each office (as of February 2016 – one day, I will do an article about why the posted wait times are not good predictors of how long a new asylum applicant will wait for an interview). You can see that the Asylum Offices with the lowest grant rates (New York and Houston) also currently have the shortest waits for an interview (20 months and 21 months respectively). Perhaps there is a connection between grant rates and waiting periods, but I doubt it–the office with the highest grant rate (San Francisco) has the third shortest waiting time (25 months).
Based on the above analysis, the savvy asylum seeker might conclude that the best way to maximize his chance for a grant is to live within the jurisdiction of the San Francisco Asylum Office, or as a second choice, the Arlington, Virginia or Los Angeles Asylum Offices (to see which Asylum Office has jurisdiction over your case, check the Asylum Office Locator). But I think such a conclusion assumes too much. I also think there are other factors worth considering besides grant rates and wait times. Let me explain.
First, it’s difficult to know what’s behind the above numbers and how applicable they are to an individual case. Who is seeking asylum at each office? From which countries and for what reasons? Are applicants more likely to be represented by a lawyer (which increases the likelihood of a grant) at certain offices? Some types of cases are more difficult to win than others, and this might be reflected in the statistics. For example, supposedly the Houston office has a higher percentage of applicants fleeing persecution from criminal gangs in Central America. In general, such cases are difficult to win since applicants don’t easily fit into a protected category under the asylum law. If we could eliminate Central American cases from the mix, perhaps the Houston office would have a higher grant rate. So does this mean that if you have a different type of asylum case (say, an Iraqi fleeing religious persecution), Houston might not be a bad place to apply? Maybe. At least it probably is not as bad as the overall approval rate suggests.
Second, while USCIS provides limited information about why cases are denied, they do give us some information–most importantly, they provide the number of cases denied due to missed filing deadlines (asylum applicants are required to submit their applications within one year of arrival in the U.S. or meet an exception to this rule; otherwise, the Asylum Office will automatically deny the case and refer it to an Immigration Judge). For some reason, the New York office has a high percentage of “Filing Deadline Referrals.” Roughly 35% of all referrals in NY are due to the filing deadline. In most other offices, less than 20% of cases are referred on this basis. If you remove such cases from the calculus, the overall grant rate in NY goes from 22% to over 30%. So does this mean that more people are filing late in New York, or does it mean that New York is less likely to find an exception to the one-year filing requirement? While I suspect it’s the latter, we really don’t know. But if you are filing your application in a timely manner, the New York office may not be as bad as the chart above indicates.
The bottom line is, we don’t know a whole lot about what’s behind the Asylum Division’s statistics, and without a better understanding of the situation, it is difficult to make predictions in an individual case.
There’s another unknown factor at play here as well: These cases are taking a long time, and given the relatively short tenure of each asylum officer (two or three years, I’ve heard), the approval rate at a given office may change by the time the interview date arrives. So a good office today may be less good tomorrow (or vice versa).
Finally–and for me, this is the best argument against forum shopping–given the years-long waiting period before the interview, asylum seekers have got to live their lives. I often advise new clients that they should live as though they are going to win their cases. Why? Because it’s impossible not to–how can you put your entire life on hold for two, three or more years while you wait for an asylum decision? In some things (reunification with family, certain job opportunities), you may have no choice, but to the extent possible, you need to live your life while you are waiting for a decision. This means you need to live where you have a job or go to school, or where you have the support of family members and friends. If you choose where to live based on the local Asylum Office approval rate, you may have a hard time surviving the wait.
On the other hand, if all else is equal (or maybe if you just have a hankerin’ for some Rice-A-Roni), San Francisco is probably not a bad place to apply.
I m planning to seek religious threat asylum in US. Can u guide me in details … my location will be Richmond Virginia …need a good lawyer too. After filling the case when will I be able to work ??? Wat document I’ll be needing as a support.
You will need proof of your religion and the persecution. Once you file, you have to wait 150 days before you can apply for a work permit (it takes another 2 to 4 months to get the work permit). If you work without permission before that time, it does not affect your asylum case. If you want to contact me, I can do cases in Richmond, or you can find a lawyer by asking a local non-profit, like Catholic Charities, for a recommendation. Take care, Jason
Oh great u do it from Richmond.pls send ur contact details I m Muslim Shia .
150 days is acceptance of the application???
I the meanwhile kids can get the admission in school I don’t want to waste their time . On B1 visa grade 6 and 10
Every child of that age can attend school, but you may need proof that they live in the school district (like a lease or utility bill). Contact the school – they should be able to tell you what you need. Take care, Jason
I am out of the office this week, but you can set up an appointment if you call my assistant Sinit at 2o2-328-l35o. Take care, Jason
Hello Dzubom,
My husband has applied for asylum since January 2013, but he hasn’t called for an interview. Can I apply for another asylum case under my name in San Francisco because I am really annoyed and worried. We have asked the asylum office to expedite our interview because I need to visit another country for infertility treatment. as you know it’s really expensive her in the US
Thanks.
If you are his dependent, you can get Advance Parole (form I-131, available at http://www.uscis.gov) to visit the third country for treatment. If you are applying for your own case, you can do it, but it might be complicated. You should talk to a lawyer before you try that. Take care, Jason
But my fiancé is Egyptian not Iraqi so I’m afraid that they will refuse the asylum as they will tell me go and live in your husband’s country it’s safe
That can be an issue, especially if you have an offer of permanent status to live in your husband’s country, but it is not necessarily the case. For example, we just won asylum from a person whose spouse was a citizen of Canada. That did not affect the case. You should probably talk to a lawyer about the specifics of your situation. Take care, Jason
I have EAD permit to work and my wife will be filling the asylum. MY question is that my job is asking me to travel outside the country but I am not sure due to the application. I have heard that once you filled that you cannot live the country. Could you tell me something about it?
If you are a dependent on the application, you may be able to leave and re-enter on your current visa. Or you can apply for Advance Parole so you can leave and re-enter (using form I-131, available at http://www.uscis.gov). Really, it depends on your situation and you should talk to a lawyer before you travel to make sure that there are no issues, but you should be able to do it. Take care, Jason
I’m an Iraqi girl 22 years oldI’m planning to enter Usa on f1 visa then apply for asylum I’m engaged and just wanna know if it’s better to apply single or I can marry before I apply my fiancé is Egyptian,just wanna know does my marriage to a non Iraqi will affect my case or it’s better to be single
Thanx
The marriage probably will not affect the asylum case, but it depends on the case, so you might want to talk to a lawyer about the specifics of your case before you file. One point: If you are married at the time your asylum is granted, you can bring your husband to the US at that time (or if he is here, he can get his asylum too). If you are not married at the time of the decision, your fiancé cannot benefit from your application and it will likely take several years to petition for him. To be on the safe side, if you want him to benefit from your case, you should marry before you file; if that is not an issue, then it probably does not matter either way. Take care, Jason
Hi Jason really apriciate ur work..i have a question. We submit our papers for asylum to lawyer 2 months ago.and he said we are working on it.i don’t know if he is lying or really working.still we did not gave finger prints in immigration…and the other question is that we were in California and now moved to Texas but I saw that Texas has worst aproval ratio ..I have my family friends here in Texas to support me.but I don’t know that I should go back to California or not?plz reply
You should ask the lawyer whether he is working on the case or whether he already mailed it. If he mailed it, you can get a copy of the case, or at least know the date he mailed it. Usually it takes about a month to get a receipt. As for moving, it is up to you. I wrote about that in the above article, and my personal opinion is that it is better to live where you have a support system then to move somewhere else for a remote chance that you will increase the odds of a successful outcome, but that is up to you. Take care, Jason
Jason,
My husband is facing deportation as a result of a criminal conviction, he fears persecution, he is from Cuba, he was a minor when he arrived. Does he have a chance of claiming this? His family members were tortured many years ago, but his beliefs would definitely merit persecution in Cuba.
He can file for asylum, withholding, and Torture convention relief as defenses to deportation. The criminal conviction may block him from some of these forms of relief, but not all. Based on what you say, my guess is that he does not have a strong case, but I recommend you have a lawyer review the specifics to see whether he has a decent chance for success. Take care, Jason
I have been here in US for 2.5 years .i have F1 status .I am currently living in Nebraska.I am planning to apply asylum process from here. Can you please give me suggestion ?
Thanks
I am not sure what suggestion to give you, other than that it is worthwhile to talk to a lawyer about the case. You were required to file for asylum within one year of arrival. However, there are exceptions to that rule, and it sounds like you meet an exception, if you were in-status on your student visa. Anyway, it is an issue to mention to the lawyer if you use one. Take care, Jason
Hey there jason i was wondering if i have a stand to claim asylum in the u.s being an iraqi exmuslim and a 20 years old, was living in dubai and faced persecution because of something i said online and because of my belief but my stay there ended because my visa expired so i went to study in france and still didnt get resettled there because of various reasons and it is almost impossible to go back to iraq since a lot of people know my views and might try to harm me even by close relatives
Thanks,
Best regards.
We have done asylum cases similar to this. There are some obstacles (the fact that you lived in France and did not ask asylum), but you may be able to get asylum in the US based on the facts you describe. I recommend you talk to a lawyer in the US to evaluate the specifics of your case, and if you want, you can apply. Take care, Jason
Hi,thanks for the wonderful information you are sharing on this forum.
I’m currently undergoing removal proceeding at an immigration court because i applied for asylum in the usa. I have a usa born baby girl because i came into usa with a six month pregnancy in 2015.
I want to know if my USA born baby can in anyway affect our chances positively at the immigration proceedings?.
Maybe. In some cases, if you or your family face persecutor because of the girl, that could affect your case. For example, if you fear your family will subject her to female genital mutilation, that might be a basis for asylum for you. Also, if you have spent 10 years in the US, you might base a case of Cancellation of Removal on your daughter (though this does not sound like it applies to you). In short, there are some possibilities, and I recommend you talk to a lawyer about the specifics of the case in order to know for sure. Take care, Jason
Hi Jason, I’m living in Los Angeles and applied for asylum in June 2014 and still not been interviewed yet.
I’ve noticed san francisco is much faster office, I’ve a friend living there, can I give uscis my friend’s address in SF so that they would schedule my interview faster?
Thank you for your response
If you move to SF, you should keep your place in the queue and get a faster interview. However, if you just use a friend’s address, USCIS may think you are lying about your address, they may think you are lying about other aspects of your case, which can result in a denial. Take care, Jason
Hi Jason,
This is Sazzad, I applied for asylum on May 2015 and we got our first EAD dec 2015. And we applied for renewal sep 2016 and got approval on 19 nov 2016 and my EAD says 2years expiration under category C08.
What that’s mean?
I field my case under Arlington VA.
We didn’t schedule for interviews yet.
There have any possibility to approve case without interview??
Waiting for your reply.
Thanks ,
Sazzad.
In October 2016, USCIS changed the system and now everyone with asylum pending will receive a 2 year EAD. Take care, Jason
I was a government official in Turkey before a failed coup attempt.
Undoubtedly, I didnt take part in the coup, nor did I support it in anyway.
I was working for the government for 25 years, I have never been prosecuted for any crimes in Turkey before, and I also have a Master’s degree from the US.
I was not a member of any anti-government entity; however the government started a witch-hunt where hundreds of thousands of people were sacked or imprisoned without any court decision, including myself. Many of these people didnot do any wrongdoings, the government fired anyone who they think are anti-government.
Amnesty international and other universal independent agencies filed many complaints about indiscriminate torture, maltreatment and unlawful applications in prisons and jails which are still in continuum.
I was not imprisoned (yet) However, my name is still on an official government website listing so-called terrorist affiliates.
What is my chance to get a successful asylum request?
Thanks
I think you have a fairly difficult asylum case. Since you have not been persecuted in the past (being fired is not persecution), you have to show at least a 10% chance of persecution in the future. The fact that you are on that list might be a basis for asylum if the government is using the list to persecute people (“persecution” is a legal term in the US that generally–but not always–refers to physical harm). If people on the list are being persecuted, or if the government moves to arrest you, then you would have a stronger claim. If the only harm you have suffered is being sacked, you could still try for asylum, but the claim would probably be weak. Take care, Jason
Thank you so much for this quissk reply.
As I claimed, I was not arrested or anything (yet) but half of the list was.
And I dont know if it counts for persecution, but the people in the list cannot;
– be hired by any government organizations or any government affiliates (which means I will not be employed by 99.9% of the companies in Turkey; i have to grow crops in a village)
-My wife and kids are also subject to the same treatment only because of my situation, so; we cannot have a decent life in Turkey forever no matter the quailties we have
-get a passport, which means they revoked not only my passport but also my 2-year-old son, and it is not clear whenever we can have it
-indiscriminate arrests and harassment continues against anyone they think as anti-government; there are many cases in the media.
fact.international/tag/turkey
So is my case still weak?
the situation is under critics by many independent agencies like this one.
https://www.hrw.org/news/2016/10/20/turkey-state-emergency-provisions-violate-human-rights-and-should-be-revoked
What I wonder is whether this counts for persecution..
Thanks again
If half the people on the list were arrested, then you probably have a strong case. It is also possible to win asylum based on economic harm alone, but this is difficult. Take care, Jason
It took so long, and I know this online consultation alone deserves a considerable amount of fee; so It is needless to say I am grateful for you,
If it is not too much, I would like to ask one more question.
How will I prove that half of the list got arrested?
the government doesnot provide me a passport, let alone court documents for other people..
News article, letter from experts, letters from family members of people when were arrested. All these are evidence that people on the list are being arrested. Take care, Jason
Hi Jason,
I’m from Malaysia and a former muslim. To be an atheist is asking for torture, jail and even death penalty in some state of my country. Will I be eligible to seek for asylum in US? I’m still living in Malaysia now. Hope you could help me. Thank you.
If you are in the US, and you fear persecution in Malaysia, you can seek asylum here. To win, you would need to show that the government, or someone the government cannot or will not control, will harm you due to your atheism. Take care, Jason
Hi i would like some advise concerning my application fr assyrum. Im in washington state i applied in june this year on 15 then my applicaton was returned in august to sort out mistakes which i did in same exact month on 08/15/2016..i have no lawyer because i cannot afford one since im not working.I have been here since 5/19/2016 am so frustrated i cannot apply fr work permint bse im not sure when my clock started to count..is it on first submission or second besides i have not had any reply from immigration. I have not got any help from any body am a ugandan and here for political ran . Is it that ugandans not granted Assyrum in this state? Am so confused pliz assist
I am not 100% sure, but I believe the clock does not start until the case was filed and accepted. I do not know whether there are Ugandans in Washington State, but you might want to reach out to some local charities for help. I did a post on September 22, 2016 that might help. Take care, Jason
Hello Jason,
Is there a problem if I transfer my I20 to a different state and a different program before applying asylum, I already started a program and I wanna transfer to an English course due to financial reasons, would that make a problem?
Thanks
As long as you remain in lawful status or you file for asylum prior to one year of arriving in the US, I do not see why changing schools will affect your asylum in any way. Take care, Jason
I came to the U.S to study and eventually work with my credentials. I did study for 4 years and never considered to become an asylee even though my original country is a war torn country. Now, I have to apply for asylum because I have no more financial funds to support my studies as the tuition is very high for non citizens, and I couldn’t find a job that could sponsor me either. My only option is to go back to my country of origin, which is absolutely not safe. Is my request going to be denied because I didn’t apply for asylum in the first year of my arrival, even though that wasn’t my intent at all?
You will need to explain why you waited. In general, if you have been lawfully here (on an F visa, for example), USCIS will accept that as an excuse for not filing within one year – we do that all the time for our clients. One issue may ne that you need to show a specific threat against you. General bad conditions in the home country are usually not enough to win an asylum case. Take care, Jason
Hello Mr Jason
I am confused whether my application would be considered. I lived in Germany as student on student permit.when I graduated I moved home and I stayed for eight months; I has problems with where I was working a journalist few months after there was an attempt coup and our medium was burned and the secret service started seriously persecute us ;some of my college were kidnapped ,I managed to move out of the country and got to US .My question is that I came to US by passing through Germany I spent a week there and my student visa was still valid for four months ,however I didn’t stay and seek asylum in Germany I chose to continue to US to seek asulym here.Can USCIS refuse my application by asking me the reason I didn’t apply asulym in Germany. The reason of coming here was due to the fact that I can apply asylum in English and also the sister in law lived here
USCIS can certainly ask you why you did not seek asylum in Germany, but your explanation seems reasonable and in general, traveling through a third country is not a bar to asylum in the US. You will also need to explain why you returned from Germany to your country, but from your post, it sounds like you did not have a fear of return at that time. If so, the return trip should not be a problem either (though they may still ask you about it). Take care, Jason
hi Jason ,
1. i am here at Virginia now, i am planning to move to California,transfer my college and apply asylum from California ,i heard that from California there is high chance. is that will be right decision?
OR,
2. i have other option to apply asylum from new York which is near from Virginia , were i stay right now. i am student of university here.so i can’t move to new York . if i applied from new York ,should i have to move there or i can give my relative addressed to asylum office as mine.And keep in touch when they called.
3. California or new York which one you want to recommended to me for my case.
Please sir, can you give me separate answer to each question.
Thanks in advance.
1 – you can see the statistics in the article above; 2 – If you have a permanent address and a college address, I suppose you can use your permanent address for asylum. It’s up to you, as long as you can show a connection to the address you use (like a driver’s license from that state, for example); 3 – I have no recommendation – it is up to you. The article above discusses the different offices, and the advantages and disadvantages of each. Take care, Jason
My parents applied for asylum for our family in Early 2015. We were living in Georgia due to work, but stated our address as Florida where our relatives is. They thought it would look better if we lived in Florida when applying at the Miami Asylum Office. We have gotten work permits and have been working in Georgia. We just sent in paperwork to renew our work permits and again my parents put down that we live in Florida. A family friend insists that we must move to Florida right now.
I am in college in Georgia. My parents have decent paying jobs in Georgia. Do you believe it is necessary for our family to move to Florida to the address we have given them? Or should we call the asylum office and tell them we moved to Georgia and get the case transferred to Virginia Asylum office? Would it cause a massive delay? We have work history in Georgia which will show up on taxes so I am not sure the best way to go forward with this.
The question is, will USCIS think you are lying about your address? If so, they may think you are lying about other parts of your case. If you have a legitimate reason to say that the FL address is temporary and the GA address is permanent, you may be fine. But if you do not, and if your driver’s license, taxes, job, etc., are in FL, you should probably change your address to FL using form AR-11, available at http://www.uscis.govhttp://www.uscis.gov. This should not cause a delay, though I recommend you follow up with the old and new asylum offices if your case moves offices) in order to make sure the case is transferred and you maintain your place in the queue. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
After applying for asylum what is the time period approximately until you can work legally.also how do u deal with the lawyer expenses in these cases.
Once your asylum case is received by the US government, you have to wait 150 days and then you can apply for a work permit. It takes between 1 and 4 months to get the work permit. After that, you can work legally. If you work illegally before you get the work permit, it should not affect your asylum case. Most lawyers have payment plans; hopefully, you can find a lawyer that you can afford, as a good lawyer is helpful to the case. Take care, Jason
Hello sir,
My husband is from belize and we have been married 8yrs we tried to file for his green card and found out his visa is an A2 visa. My husband only completed the fourth grade and has a very limited understanding. The processor filled out the paperwork for him because he did not understand it. We have been to court and have a lawyer he is in removal proceedings. I would appreciate any advice on our matter. We are in the Chicago district and his judge just retired so we are starting anew.
Thank you for your time it is greatly appreciated.
Orlandra Waller
Sorry – I can only answer questions related to asylum. Take care, Jason
Good morning Jason,
Thank you for all the help you are providing. I have few questions i hope you can answer:
1- Do you have experience with Christian Lebanese asylum claims with fear of ISIS? Do you know what are the trends of USCIS in accepting or denying them?
2- Do you know if, while we are waiting for the interview or after being granted asylum, our family can visit us in the states?
3- Do you know if, once we receive our work authorization, we can open our own business?
Thank you again
1 – I do not know, and I suspect no one does. The issue is that ISIS is relatively new, and the asylum office is moving very slowly, so there are not so many decisions involving ISIS. On the other hand, if you were threatened or harmed in Lebanon by ISIS, and the government is unwilling or unable to protect you, then you should qualify for asylum. We do many cases similar to that, and they are mostly successful; 2 – If your family can get a visa, they can visit you, but sometimes, when a person files for asylum, it becomes more difficult for family members to get a US visa. I wrote about that on April 18, 2014 – maybe take a look at that; 3 – I do not see why not. Probably, you could even do that without a work authorization if you have someone here who is in-status and can file all the papers. Take care, Jason
Please assist me when asylum interview officer use lie detector (polygraph).?
Anyone have expeirence so please share?
Hi Jason I want to apply for Assylam in state can you tell me which office I good to apply Assylam in state
The above article discusses my views on that. I can’t really add anything to what I’ve said above. Take care, Jason
Dear Jason
I just came by your blog a few days ago, very helpful. Thank you.
Me and my family have arrived in the US a few weeks ago and we are from Iran. right now we are staying with a relative in San Fransisco, as for this blog post, I want to file for asylum in SF office, but as for the living costs in SF, we eventually need to leave here for another location, probably Los Angeles.
what happens if I don’t state my address change to the asylum office (just to take advantage of faster case processing in SF) and use my relative’s address for getting the mail ?
Is this possible to get my EAD and SSN while I am in SF and then move to live and work somewhere else and let my case stay in SF ?
I can probably get to SF in time for my interview or any other paper works, but is there any other problems?
in your experienced point of view, is this possible to do so ?
Many Thanks in Advance
I did a post on June 24, 2015, which might help. The short answer is that if you move to LA but keep your address in SF, you could have problems. At the interview, you will need to tell them where you work, go to school, etc., and if they find you are in LA, they may believe you are lying about your address. If they think you are lying about the address, they may think you are lying about the case, which will cause you to be denied. So my opinion is that unless you can keep a substantial attachment to SF, you will need to change your address to LA, which is understandably something you do not want to do. Take care, Jason
Hi, how about in las vegas? I wanno apply asylum in vegas. Could u please tells me kr or show me the success rate?
I do not know – you can enter the zip code in the Asylum Office Locator, and once you know which office you will have, you can see the success rate. Take care, Jason
Hi Jason
I was about to submit my asylum case in San Fransisco but i found the cost of living there is very high specially i don’t have work . friend of mine told me that cost of living in tennesse is much lower and asylum office has no long queue as same as SF is that correct about how long the line in TN ? Also i cant see any office in Tennessee on https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin . It tells that tennessee belongs to LA , is that correct too ? shortly do you recommend to go to Tennessee?
Thanks alot
You can type your zip code into the Asylum Office Locator (a link is at right), and it will tell you which office will be your local office for the interview. However, in some cases, there is a sub-office, and it will not tell you that (there is a sub-office in New Orleans, for example, but I do not know whether that would be your office). As for whether it is somehow faster or easier in TN, I highly doubt that, as it would be subject to the same conditions as the article above discusses. Take care, Jason
Many thanks for this wonderful forum.
My questions are: Can asylum seeker who has filed application be allowed to travel to his/her home country or any other country outside USA while waiting for interview date please?
Do we submit asylum application together with international passport or do we provide the passport during interview ?
Jason, Jason, Jason.. I am so glad to find someone who is willing to answer questions without charging $80 for a phone consultation. My step son is being held in El Paso after being detained entering the country illegally. He immediately told CBP that he was running for his life. He ( and I) had no clue that asylum was an option, but CBP called me and let me know it was. Anyway, I have studied any and every thing about asylum and have put together an awesome, in my humble opinion, case for him. (I’d love to “present” my ideas to you and get your opinion) Las Americas is looking into his case, but they are seriously over worked and under staffed. Tulane Law School’s immigration clinic has agreed to take his case if we can get him released to New Orleans. I have a few questions that I’m finding conflicting answers on and I’m hoping you might shed some light.
1.) He already had a CFI, but EPPC has not given him results yet. The Houston office told me they already made a decision and that he should have heard days ago. Since El Paso refuses to send the authorization he wrote up Houston can’t tell me the results. However, when I asked her if the fact that I had not sent the corroborating documents over hurt the outcome she said she didn’t think it would have changed the outcome. Makes you think he passed right? And how can we get El Paso to provide us with the results already??
2.) Is it likely he will get a bond? There is no factors weighing against him and I’ve made it clear I will take responsibility and we are willing to do whatever they ask. If denied bond can we ask a IJ to reconsider? How does that work?
3.) He has been through a super traumatic experience and is showing the signs. He can’t sleep and when he does he has nightmares. They started giving him meds, but he slept all the time. They then cut the dose in half when he complained. Then he started to have tremors and a tightness in his chest (panic attacks). So, now they are giving him anti anxiety meds as well. What they aren’t giving him is counseling or monitoring the treatment. They are just doping him up. Then they wake him up at 3am trying to get him to sign deportation papers. They are telling him he is going to be deported and his case isn’t worth pursuing. This all really can’t be legal or ethical. How can we use this to get him released and can you file a lawsuit for something like this.
Thanks so much for your time and it’s quite a noble thing you do. Again, if you are willing I would love to outline the case and see what you think.
I will try to answer your questions, but whatever I can provide here is no substitute for consulting with a good lawyer, who can understand your case and assist. Anyway, here you go: 1 – I do not know why the results are not available yet, normally, it does not take very long. I do not think you should read in to their statements though, and until you have the result, it is not worthwhile to speculate. 2 – If there are no adverse factors, and he has a meritorious case, he probably has a good chance to get a bond, especially since he has family in the US (i.e., you). If bond is denied, you can ask the Judge to reconsider that; however, some people are not eligible for bond from a Judge, and I do not know about his specific situation there. 3 – It sounds illegal and unethical. Unfortunately, I also think it is pretty common. If you can find a lawyer, maybe you could file a lawsuit, or you could try that yourselves. However, my guess is that you are focusing on his immigration case, and if you have any evidence of this treatment, it would be a good idea to save it, in case you need it. Good luck, Jason
Thanks for taking the time to answer. I am talking to a good attorney… You! In all actuality, I’m not sure I have the money to pay someone in El Paso, pay a bond and then pay someone else in New Orleans. I guess if it comes down to that we will make it work. Would you be willing to do a phone consultation? I can give you details and you can tell me if the case is as strong as I feel it is. I don’t mind paying a fee. I just need a little guidance and I’m not really getting it from Las Americas. I’m seriously concerned about his mental well being and these meds are known to cause suicidal thoughts and other side effects in the younger population.. and could be linked to serious issues in adults too. If they don’t give him bond I want to explore options, but that’s when we get there. Can we set up a phone conversation maybe?
I can do a phone consult, but I do charge and I also recommend you talk to someone locally, as it will be more useful to you in a case like this. Anyway, if you want to do a phone consultation, just send me an email (Jdzubow@DzubowLaw.com) and I will respond with the details. Take care, Jason
Which country is easy and friendly than USA for asylum?
If some one get rejection so can he challenge to court?
I do not understand your question, sorry, Jason
Hi Mr Jason
I hope you are doing well, I Was Muslim and 6 years ago I believe in Jesus and I have ministry in Dubai so UAE government canceled my visa and deported me so I came to US by visit visa and 9months ago I applied for asylum. I’m active in Antioch church here and in June they wanna send me to Greec as missionary but still I didn’t hear anything from immigration about my case. Could you please let me know how canI expedite my case? I really need travel documents. Can you please help me
Thanks for your time
God bless you
You have to contact the asylum office to ask them to expedite. You can find their contact info if you follow the link at right called Asylum Office Scheduling Bulletin. I doubt they will expedite for the reason you are suggesting (travel for your mission). You might look into Advance Parole (form I-131, available at http://www.uscis.gov), which may allow you to travel overseas for a time while your asylum case is pending. If you plan to travel for a long time, you should talk to a lawyer about this before you go. Take care, Jason
I’m from India .I’m came here through f1 visa.now I’m out of status
If I’m applaying asylum is can grt?
I do not understand the question – sorry, Jason
hello mr Jason i plan to move my files from state to another after i receive my ssn and work permit my question when i can start work ? when i change my address or i should wait until i confirm the transfer of my files
The asylum office will not confirm your transfer of files. I recommend you contact the old and new offices to follow up, and make sure the case was moved (you can find their contact info if you follow the link at right called Asylum Office Locator). As for working, you can work legally as soon as you receive your permit. Take care, Jason
thank you for help Mr Jason ;immigration thy will ask me why i start work before i move my files and thy can see it as froud it’s question of order which the first move my files then start work or i can start even before i confirm the transfer of files.. thanks
Maybe I am not understanding your question, but I do not see why this is a problem. If you filed the change of address, that is all you can do. It is up to them to move the file, and whether they do that in a day or a year does not matter, as you told them your new address. So I think if you told them that you moved, you can start work immediately with no problem.
Hi Jason Dzubow
First off all thanks to you sir for your kindness and given time to people like us i will appreciate for your answers
my question is that how many chances to win asylum for Pakistani if he had a well founded fear and if i file in houston ? it is possible that the interview is being transferred to another asylum office ?
q 2 is that how many chances of winning in immigration court in front of a immigration judge ?
I cannot answer these questions, as it depends on too many factors. Certainly, Pakistan has many problems now, and we have done a number of cases from there, with somewhat mixed results. I get the sense that at least in my asylum office (Virginia) and my local courts, there is some resistance to Pakistani cases. For instance, a case that would easily win if the facts were the same but the person was Afghan is more difficult to win if she is from Pakistan. Nevertheless, we have been successful with the large majority of Pakistani cases. Take care, Jason
Dear Jason
I applied for asylum this year 2016 in Houston Tx , they inform me me interview will schedule in New Orleans ,field office , do you have any idea about that office ,is it faster processing
It is a new field office. I do not know about it, but most field offices are slower than the main office (Houston), so if you check the Asylum Office Scheduling Bulletin (link is at right) for Houston, it will give you some idea about New Orleans, which is probably slower than Houston. Take care, Jason
hello Jason
i want ask about how many time it take for i change my asylum case from stat to other stat
i resive ssn and work permit already
thanks
I think it is quicker to travel by donkey from one asylum office to the other than to move your case from one to the other, but if you file the change of address, and follow up with the old and new offices, to make sure your case was transferred and that you are in the queue in the new office, it should work, but it will likely take several months. You can find contact info for the asylum offices if you follow the link at right called Asylum Office Locator. Take care, Jason
thanks for help Jason but when i can start work ? when i change my address or i should wait until i confirm the transfer of my files
Once you have your EAD, you can work legally. Take care, Jason
That website is very helpful,I’m so happy to find it
I have a question,I had my asylum interview in April 16 in Chicago but it’s been like 4 months already n still for the decision,but never received anything yet,do you have any idea what can make that delayed??
Thanks
All sorts of things can make delays – there are really too many to name. But some common ones are that the background check is not yet complete, or that there is an issue in your case that requires headquarters review. The length of time you may wait is also entirely unpredictable. Some people get a decision in a few days; others wait years. Hopefully, yours will be soon. Take care, Jason
Hi Jason I highly appreciated to your support. I apply asylum in Los Angeles on May 2015 I wanna move to San Francisco and move my case to there,is there any guarantee to keep my case in the queue or my case will be go back To the line. The reason why ask this question again my lawyer told me if you move your case will be put to the back of the line. Thank u again
That is not correct. According to USCIS, if you move, you keep your place in the queue. However, you may need to contact the old and new asylum offices to make sure that the case was transferred and is in the queue in the new office. You can find contact info for the asylum offices if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello
Thank God i found this website. I have two months left to apply for asylum, and recently i found out that San Francisco is a good place to apply for. Im here in Georgia in talks with a very powerful Inmigration firm, they tell we can apply from NY, because there is a higher rate of approval. They ask $15,000 for the case, and i really dont have that kind of money. I have family in San Francisco, can you recommend me a firm in San Francisco that i can afford for my case.
Sincerely
Carlos
I do not know a firm in San Fran. I can tell you that $15,000 is extremely high. There are plenty of good lawyers who can do the job for a much more reasonable price (for example, we charge $3000 for the case). You may try contacting Hastings Law School – they are well known for their asylum work (mostly for women), and maybe they can refer you to a good lawyer in San Fran. Take care, Jason
Hi Jason,
We filed our asylum case back in 2013 at the Arlington office and we were interviewed in October of that year. Then we were asked to show up for a second interview in January of 2014, we did and since then we heard nothing about the case (I believe it was in HQ). Long story short, we received a notice recently asking us to show up for a third interview. I know that this is not common, however, do you have any idea of what to expect? Is it possibly the last interview for them to make a decision on our case? Negative or positive? I am happy we heard from them but not sure what to feel since it is a third interview!! P.S. I only learned about one case where they asked for a third interview and it was the only one I found, however, I didn’t know what was the outcome after the interview.
I think it is fairly common – it may be that your asylum officer left and a new officer needs to review it, or that the review at HQ raised more questions. I would prepare as you prepared for the other interviews. Hopefully, they will give you some good news soon. Take care, Jason
Hi Jason, I fallow your every single article, it really helps me to improve my case, I have applied for asylum in Jan 2015 at New York, most probably I would in the queue for interview in coming months. I am concerned about my affidavit and submission deadline for my case. I came in USA in 2013 on visit visa I tried to consult one attorney about asylum he was muslim and misguided me about asylum process, than I left the USA because my entry was getting over so didn’t wanted to be illegal here, I came back again, talk to an other attorney he read my case and told me my case is excellent, but problem was he was getting 7000$ before applying the so I didn’t have money and left USA, again I came back after one month that time I sold all my property through some friends and came back to USA filled my case with the help of an attorney, as I am Hindu from Pakistan so I was focusing on religious base asylum because I was much active for Hindu rights at Pakistan I missed few points about my student political activities in my affidavit, I mentioned my student political activities but even thou I missed some important points. Is it possible I can add these points in my affidavit before interview and what would be the effect on my case for leaving USA two times?
I really appreciate your answer.
You can add the points to your affidavit. Maybe the best way to do that is to submit a supplementary affidavit prior to the interview (in our local office, we UST submit all documents at least one week before the interview; I do not know the rule in NY). You can explain that you did the case yourself and that you did not know what was important to include, but that you think it is important to mention this. In other words, explain why you did not mention these points in the first affidavit. As to the travel back to your country, that is a very big issue for most people who have done it. You should be prepared to explain why you went back, how you stayed safe during those trips, if anything bad happened during those trips that caused you to seek asylum, etc. I would be surprised if they do not ask you about the return trips, so you should think about how you will respond so that you are ready – and also, if you have any evidence about this, you should submit it. Good luck, Jason
Thank you Jason, I have all the evidence of return trip how did I managed to stay at Pakistan, in the beginning I wasn’t aware I can add students political issues to, I just added my protests and activities but I didn’t mention I was the secretary general of that Political Party I have all the evidence including news papers photos of those protests and party letter for Secretary general nomination, still today I am protesting for Hindu rights at USA, I have all the evidence of current protest and threats too, but I am really scared because I have heard that decision also depend on officer mood too, I haven’t any reason to go back either I would be killed or converted to Muslim like other Hindu People.
Good cases will usually win; bad cases will usually lose. For cases in the middle, the officer (or the officer’s mood) is more important. If you have done a good job putting your case together, you should have a good chance for success, as it sounds to me like a strong case. Good luck, Jason
HI,
MY ASYLUM APPLICATION IS PENDING HERE IN USA AS OF 3/2015
I KNOW IT TAKES ALLOT OF TIME TO GET INTERVIEW DATE.
ONE LAWYER TOLD ME ABOUT A POSSIBILITY TO USE A DIFFERENT ROUTE TO GET GREEN CARD I.E
MY QUESTION: MY SISTER IS US CITIZEN. HE SAID IF MY SISTER FILES IMMIGRATION APPLICATION FOR ME. ACCORDING TO HIM HE SAYS YOU CAN GET GREEN CARD IN ONE YEAR. LET ME KNOW HOW DOES THIS WORKS
SECONDLY HE WAS ALSO MENTIONING:
USCIS TO ALLOW ADDITIONAL APPLICANTS FOR PROVISIONAL WAIVER PROCESS AS OF AUGUST 29 2016
SIR PLEASE EXPLAIN IT IS TOO CONFUSING . SHOULD I GO FOR IT OR NOT
You should find a different lawyer. The lawyer is either lying or incompetent about the advice related to a petition by your sister (Google the phrase “DOS visa bulletin” and you can see the wait times for when a US citizen files for her sibling – it is like 12 or 13 years). As for the provisional waiver, there are changes coming to that system, but it is very difficult to navigate, and you need a lawyer to help you. If your lawyer does not know the basics (i.e., the sister’s petition), he is certainly not capable of helping you with something more complex. Take care, Jason
Jason,
My EAD is being delayed for so long is there a way for me to find out what is going on i applied for on April 4th 2016 after 155 days of my pending case i only received is that tha case has been transfered to other office on April 18th, 2016. I tried contacting Uscis they always tell me to wait its being processed by the officer they are not giving out any dates or anything please aadvise how to tackle this situation thank you.
We are seeing EADs take about 4 months, so I think yours is in the normal processing time (though the “normal” time is very slow). I suppose you can contact the USCIS Ombudsman (a link is at right – they help with delayed cases), but given that your case is about the same as most other people, I think they probably will not assist you at this time. Take care, Jason
Thank you for your informative blog.
I’ve couple inquires about my asylum case:
1- I initially applied in Newark office, and I just moved to Seattle which is san Francisco Justification, do you believe its a right step to move my file to san Francisco. ( Based on religion persecution)
2- I am a current employee, my EAD expires in two days. I did everything above and beyond to expedite the issuing of the new card: called uscis customer service, put many requests, went to there office. however with no avail. Is there any way can I do to renew or to keep my job. ( Iam thinking to seek help from the house Representative ??? )
You answer will be greatly appreciated.
1 – If you moved to SF, you are required to change your address, unless you have kept your old address. Anyway, based on the info available, SF is better and faster than Newark. If you file a change of address, you may want to email Newark to make sure your case was transferred, and then email SF to make sure you are in the queue (you can find email addresses if you follow the link at right called Asylum Office Locator). 2 – I do not know anything else you can do, except ask the employer to keep you working as an unpaid volunteer and then maybe give you a bonus once you get the EAD. If the employer is flexible, maybe you can work something out, but from the USCIS side, I think there is nothing that works quickly. Supposedly, they are changing the rules, and so hopefully when you renew again, this will not be an issue. Take care, Jason
Highly appreciated to you with your quickly response.
I have another question regarding to transfer my case to another office , will i keep my initial filing date to my case (which is jan 2015) or will i get new one with transfer time ( let we say next month aug 2016) as the date will affect on my position in office queue . your answer will be greatly appreciated.
According to USCIS, you will keep your place in the queue. However, to be safe, I would email the old asylum office to make sure the case was moved, and the new asylum office to check that your case is received. You can find the email addresses if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I applied for asylum since August 2015 and in Anaheim California and i have friends applied in same place since first half of 2014 and not scheduled yet for an interview, when I visit the USCIS to ask for any update they told me they have pending cases since more than 1000 days and my cas is too new and it is very early to ask for updates now so may i ask if this is normal and what is your expectations for the delay time frame
Thanks
I wrote a post on June 7, 2016 that relates to this question – maybe it will be helpful. Take care, Jason
Hi Jason
I did the interview in New York office since last June 2015 and still waiting for the decision ” pending for background check”
Do you think moving to another state like San Francisco will expedite the security check? or it is the same waiting time in the this stage
I think it will have no effect. The case has already been interviewed and that office will make the decision, regardless of where you live. Take care, Jason
Hi Jason, I have submitted my application for asylum in New York since 2014 until now is no interview, I wonder if there is a solution for the interview, or I have to wait
I wrote a post with some ideas on February 26, 2015 – maybe that would help. Take care, Jason
Hi Jason,
Any update about the Boston asylum office? I moved my case 4 months ago from Sanfran. I file in feb 2015. I received a notice from boston asylum office that my address has been updated. Is there anything more that I should do?
Nothing more to do. You can check whether Boston has a “short list” or an expedite procedure. If you want to contact them, follow the link at right called Asylum Office Locator, and use the contact info for the Newark, NJ office. Take care, Jason
Hi Jason,
I applied for the renewal of my EAD it will expire in mid august. I just moved my case to Boston few months ago from Sanfran. I received a letter saying they transferred my EAD case to Nebraska service center. Does this mean my EAD will get delayed or something? And do you know anything about the bulletin about Boston. You have been really helpful.
Thanks a ton .
There is no scheduling bulletin for Boston, but they are a sub-office of Newark, NJ, and the conventional wisdom is that they are slower than the Newark office. As for the transfer to Nebraska, that is normal and reflects USCIS moving cases to try to be more efficient. It should not affect the EAD application. Take care, Jason