The asylum process was designed for speed. The regulations require that, absent “exceptional circumstances,” USCIS should adjudicate an affirmative asylum petition within 180 days. See INA § 208(d)(5)(A)(iii). That time frame went out the window with the “surge,” if not before, and these days, cases typically take a few years (and cases referred to Immigration Court can take even longer).
The effect of these delays on asylum applicants is about what you’d expect. I often hear from clients who are suffering from depression, anxiety, and other stress-related illnesses. Some have diagnosable conditions, and we regularly obtain letters from physicians to help us expedite cases. The situation is particularly dire for applicants separated from spouses and children, but few people seem immune to the stress caused by not knowing whether you (or your loved one) will be returned to a place where you fear harm.
Several recent studies have helped shed light on how the immigration process impacts people’s health, including the health of their children and even their unborn children.
One study stems from a well-known immigration raid in Postville, Iowa in 2008. Almost 400 undocumented workers—mostly Guatemalan—were arrested and charged with crimes such as identity theft and document fraud. Most were deported. Researchers at the University of Michigan at Ann Arbor examined the birth certificates of 52,000 children born before and after the raid. They found that “Latina mothers across the state were 24% more likely to give birth to undersized babies in the year after the raid than in the year before.” “The weight of non-Latino white babies stayed constant, suggesting that Latino populations were uniquely stressed by the incident.”
“Low birth weight is associated with developmental delays, behavioral problems and an increased risk of chronic disease,” among other problems.
Another study, currently in progress, will examine millions of birth certificates nationwide to “learn whether similar birth-weight patterns emerge when individual states enact laws targeting undocumented immigrants.”
A third study suggests that immigration raids can have deleterious effects on adults, as well. In November 2013, in the midst of an on-going health study of Latinos in Washtenaw County, Michigan, ICE conducted a high profile military-style raid on the local community. “The 151 people who answered the survey after the raids reported worse general health than the 325 who had already completed it…. Many said that after the raids, they were too afraid to leave their homes for food or medical care, and displayed symptoms of post-traumatic stress disorder.”
After President Trump signed the first executive order, the American Academy of Pediatrics warned that, “Prolonged exposure to serious stress — known as toxic stress — can harm the developing brain and negatively impact short- and long-term health…. The message these [immigrant] children received today from the highest levels of our federal government exacerbates that fear and anxiety.”
These reports focus on undocumented aliens who fear removal and their children, but my guess is that the results would be similar for asylum seekers, who also face uncertainty, especially in light of the Trump Administration’s rhetoric and stepped-up enforcement efforts. The reports also reflect what I am hearing from my clients.
So what can be done to help alleviate stress related to asylum delays?
First, you can try to take some affirmative action. Ask to expedite and/or short-list your case. File a motion to advance. I have written about these options here (for the Asylum Office) and here (for the Immigration Court). Whether such efforts will ultimately make the case any faster is somewhat unpredictable, but taking action may be better than waiting helplessly.
Second—and I often tell this to my clients, most of whom have strong cases—try to live like you will win your case. Learn English, go to school, get a job, buy a house, etc. You really can’t put your life entirely on hold for years waiting for a decision in your asylum case. You have to live. Obviously, this is easier said than done, and I myself would have a very hard time following such advice, but those who can put the case out of their minds and go on with life will be better off than those who dwell on it.
Third, stay engaged. There are support groups for refugees, asylum seekers, and victims of persecution. There are also churches, mosques, and other institutions that can help. Being able to discuss problems, share information, and talk (or complain) to people who understand your situation is useful, and maybe cathartic. For a list of non-profits that might be able to refer you to a support group near you, click here.
Although cases do seem to be moving a bit faster lately, it seems unlikely that the long delays and uncertainty faced by asylum seekers will go away anytime soon. During the wait, it is important to take care of yourself and your family, and that includes taking care—as well as you can—of your mental health.
Hi Jason,
I read every post of your’s. Please do a post on delayed decisions and chances of grant.
My timeline:
Applied Chicago office: 09/2014
Interview: 05/2016 (after shortlisting)
Still waiting for decision.
Inquiries sent by my lawyer every 6 months and the reply was ‘your client’s case remains pending. A final decision has not been issued’.
It is a good question, but I have not seen any data relating to delays and grants. Even among my own cases, I do not know if there is a higher grant rate for delayed cases. I can say that it is rare to have a delayed cases denied, but I do not know have a large enough sample size to draw any conclusions from this. And we have had at least one long-delayed case that was denied. Take care, Jason
Hi! Jason
Today my EAD application case was changed to “Case Was Received At My Local Office”, what does this mean? does it mean that it takes a long time to get the EAD or I can get it soon?
My case pending is in Nebraska service center, since I applied 42 days has passed, thanks!
Please I sent my application less than 2weeks.is it possible to cancel my application
Once you get the receipt, you can contact the local asylum office and ask them to cancel your case. You can find their contact info if you follow the link at right called Asylum Office Locator. I am not sure how to cancel the application before then, but I suppose you could try to contact the service center where you submitted it. Take care, Jason
We are seeing EADs take 2 to 4 months. The notice your received seems normal to me, so hopefully you will get the EAD soon. Take care, Jason
Dear Jason
I hope this email finds you well. I Filed for my asylum case in April 2013, I got my interview This year on the 24th of August 2017 In VA aslyum office. Im still waiting waiting on a decision(i take 15 trips to the mailbox a day) So here is the predicament I am in, my EAD expires on the 30th of August and my application was received for it on the 8th of June this year. My employer has already sent me a letter stating that I must see them a week in advance before it expires if I havent received a new one and they will determine if I will be eligible to continue working.
So last week I decided to request that my work permit be expedited so that I dont suffer severe financial loss if I loose my job and I will need the money for sure in the event that I have to hire an attorney if Im refered to an IJ. I was given a reference and this is the response that I was given
The status of this service request is:
Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests. Unfortunately, we cannot grant your request for expedited processing. If you need further action on your case, you will need to submit a regular inquiry through customer service at the telephone number below.
This decision has no effect on the decision of your case. Your case is still pending adjudication.
What You Can Do
Please see the “Online Services” below to check the status of your case in the future.
We hope this information is helpful to you.
I then responded by sending them the letter that my employer sent me threatening to terminate my employment if I dont receive an updated card. I havent heard from them yet.
My question is whilst waiting on a decision on your case does the clock stop on EAD applications? Do they wait till a decision has been given or they should still issue me with the ESAD that I applied for? I have read that decisions can take months or years….
Thank you in advance Jason
my interview was actually 24 July this year
Until the decision is issued, your asylum case is still pending, and you are still eligible for an EAD. If your case is referred to court, it is also still pending (now with the court and not the asylum office) and you can continue to renew your EAD as before. In either case, USCIS will issue the EAD as before. When you filed for your renewal, your EAD was automatically extended by 180 days. On January 25, 2017, I wrote a post about this with links to government website, and maybe that would help your employer understand your eligibility to keep working. Take care, Jason
Thank you Jason. I really appreciate all your help.
Thanks Jason for your reply.I went today to the asylum office and I asked about the status of my case,the clerk told me that the last update in the system that I had an interview on July 25th.I asked her if the delay reason is the security check,she confirmed that the security check is clear and I asked her is it was sent to the head quarter she said no,but the Asylum officers are so busy and they keep traveling and that is why the delay happen and the decision has not been made yet.So if this is the situation.Do you think it will take long time or it is a matter of 2-3 months?And how to expedite the case?
I know of no way to expedite at this stage – you just have to wait for a decision. There is no way to predict the time frame, and I do not have a lot of confidence in what they tell you at such inquiries (though it is the only info available). I recommend you wait another month or two and if there is no decision, inquire again. Asking about the case frequently will not make it any faster, so there is not much point in doing that. Good luck, Jason
Thanks Jason for your fast reply.
Hi Jason,I went today to the Asylum office and the clerk asked me to wait (usually they check it immediately in the system and answer me),he talked to the officer over the phone.I couldn’t hear him well because I was away and he talked in low voice,but I heard something like it is ready but waiting to sign it.Then the clerk came to me and told me it is still pending and when I asked him why,he said security check and last time told me that the officer is busy and the security check is clear.Well,I don’t know if it is really a security check or because I inquire every week about my case status through email and through my personal visit.I felt like the security check is clear but the officer was busy and they don’t want me to keep coming and ask so they told me it is pending due to security check.What do you think?! One more thing,is it true that if they are going to grant Asylum,they need the security check to complete,but if they going to deny,they will deny him immediately and they will not wait the security check?! the last question,if the only problem is the security check,why don’t they issue a recommended approval instead of keep pending without any decision at all?!
There is no way to know. It sounds like you are making a lot of inquiries, which they do not seem to like, so I do not know if they are just saying that to you to give an answer. My opinion is that making multiple inquiries does not make your case faster, but I really do not know. Whether you case is granted or denied, it seems they do the security check. As for the recommended approval, I do not know exactly what are the requirements for recommended approval. I would think that you are right, but I do not know, and I suspect it depends on the particular officer, though again, I am not sure. Take care, Jason
One more thing,is there any way to check the application before I receive it in the mail?
Not really – except to inquire with the asylum office. Take care, Jason
Hi Jason, First of all I’d like to thank you for your helpful information. I am out of status.I had my interview on July 25,It was great,and it supposed to go tomorrow to pick up the decision,but I received a call on Friday from the Asylum officer and said ” there is some problem with one of the computers and the system down,so no decision has been made yet and no need to come to the office on Tuesday and we are going to mail you the decision.I asked if she can tell me when it will be ready,she said I don’t want to give you another day to come and for any reason the decision is not ready”. So does that mean that I have a high chance to be approved? and how long it may take to get the decision? the last question which is so important for me is “” what is the relation between the computers and system and the decision ???????!!!!! I mean that as far as I know that the AO will decide on the case and then get the approval of the supervisor.So if AO approve the case and the supervisor sign it,the AO can tell me the decision even there is problem with computers and other staff? I am so confused and I just want to know if it will take long time to get the decision.Please help me understanding exactly what is going on because my EAD will expired in October and I don’t know if I should wait more to renew it or what to do?Please explain to me.Thanks.
“Pick up” decisions frequently change to “mail out” decisions. For my cases, it happens well over 50% of the time when they give us a pick up date. I think it has no meaning in terms of whether you will win or lose the case. It is also not possible to predict how long it will take to get the decision. The people who wait longest (sometimes years) are usually men from Muslim countries, but it really is unpredictable. The computer problem may be related to the security background check. As for the EAD, not that they give an automatic extension, you can wait a bit to apply for the renewal. Maybe give them a few weeks and inquire about the status of your case. You can go in person or email. You can find their contact info if you follow the link at right called Asylum Office Locator. If you do not have a decision 45 days before your EAD expires, you should probably apply for a new EAD. Take care, Jason
Hi Jason,thank you so much for your reply.I did the finger print twice.One on February 2015 and the second one on October 2016.When I visited the Asylum office to inquire about my case on January,they told me that the security check is clear.So I don’t think the delay related to back ground check and I heard that if it is a matter of security check they will issue a recommended approval.It is look like it is internal delay in the asylum office like data entry not doing the paper work or the supervisor doesn’t sign the decision.So my question is if it is internal issue do you think it will take long time?I know it is unpredictable but at least it will take less time than pending for security check,right?one more thing,if they want to deny my case they can do it fast even without a security check,right?I do really appreciate your help.
I suppose I would not be completely confident that the security check is complete even if they told you that. It may very well be, but I don’t know. The case might have been sent to headquarters, or it could be some type of “internal issue” as you write. The problem is that they are not very transparent, so it is difficult to know. You might want to try an inquiry with the USCIS Ombudsman – a link is at right. Sometimes they shed more light on these issues. Finally, I do not know whether a long delay indicates that a grant is more likely. I have not really kept track of that, and I am not sure that there is a big difference in grant rates between fast and slow decisions. If I had to guess, based on my cases, I would say that grants are more likely for delayed decisions, but again, I have not actually kept track of that, so it is mostly a guess. Take care, Jason
Thanks Jason for your reply.I heard that if you are out of status and the Asylum officer decided to refer you to immigration court,he/she will not mail it to you and they will call you and ask you to come to pick up the decision and ask you to sign,but if he approves it,he can mail it to you.Is that a true? do you have a clients who get a referral to court through mail and they live near the Asylum office?I heard also the security check will take up to 3 months in general.Is that true also?
I think that is not true – We have received grants and denials in-person and by mail; it doesn’t seem to matter. Waiting time for the security check is very unpredictable – it can take a week or it can take years. Take care, Jason
hi, Jason, I wanted to go to the college and I don’t know how to get help for financing because I’m waiting for my asylum interview, there is the option to get help?
hi, you can go to community college directly ,and the advisor who work at college will give you advice.good luck!
Maybe – you should talk to the school. There are all kinds of scholarships. Perhaps you can find one for people with pending asylum cases. Take care, Jason
I applied to the mailing address.do I need to fill another form and send it to the office.
i am a medical doctor who studied in ukraine but presently seeking asylum in the US.i submitted my application a month go and i have gotten any notification of receiving my application.am really worried.please what can i do
Receipts usually take less than a month, so double check that you mailed it to the correct address (this can be confusing). Also, you can try contacting your local asylum office to see whether they have a record of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. If they do not, you may have to re-file it with an explanation about what happened. You can also file a Freedom of Information Act request to get a copy of the filed case (form G-639, available at http://www.uscis.gov). This is free, but it can take 6 months. Given the one-year asylum filing deadline, it may be safer to re-file the case. Take care, Jason
Thank You. I got this as a reply when I mailed Asylum Office about me not getting response of them receiving my application.
Generally the proper procedure for filing an asylum application is with the appropriate service center determined by where you reside. In order to directly file with the asylum office, you must have prior approval from the local asylum office director. Did you request and receive approval to apply for asylum directly with the Houston Asylum Office? Please see the information below regarding the process for directly filing for asylum with the local asylum office:
Based on this, it seems that you filed your application with the asylum office and not the service center (these are two different USCIS office – the whole procedure here is confusing). Go to the Asylum Office Locator, a link is at right, enter your zip code, and go to your local asylum office web page. Scroll to the bottom of the page and it will tell you where to file an initial asylum application. It should be one of the service centers (for example, for people in Virginia, we file at the “Texas Service Center”, but it depends on where you live in the country). Take care, Jason
Hey, hope you doing well
I am granted asylum before one year, I have a work permit that gonna expire after 6 months. My I-94 is mutilated/water dropped on it/ and the seal on the card is not visible because it’s wet. I moved to other state and when I try to convert my driving license they asked me my immigration status and I present my I 94 and they refused it. I am applying my green card, on meanwhile my work permit is expiring. Do you think I can get I 94 replacement or I have to apply for work permit renewal while I am waiting my green card. My former driving license is good for 8 years but DMV here told me they only give me driving licence that gonna expires with work permit.
Thanks
When you apply for the green card (form I-485) and pay the fee, it also includes a new work permit. So you can apply for a new work permit along with the GC. That should be enough for you to get a DL. If not, your options are to wait until you get the GC and then get the new license, or apply to replace the I-94 (I think it is form I-102, available at http://www.uscis.gov). It may take some time to get the new I-94,and maybe it is faster to just get the green card, but I do not know. Of course, you can apply for the GC and the new I-94; it is just a question of paying the fees. Take care, Jason
Thanks for your answers
That means can I apply for GC and work permit with same fee or I need to pay each separately?
When a person pays the fee for the I-485 (the GC application), you can also apply for an EAD (form I-765) at the same time for no additional fee. Take care, Jason
Dear Jason
I had an asylum interview yesterday And I feel it did not go well after waiting for almost 4 years. So most of my answers I did not remember and the officer was trying to squeeze answers out of me. So i may have answered some questions incorrectly. I did not have an attorney because my attorney dumped me last year saying she did not practice immigration law anymore. (But she still does according to her new website) I feel like she didn’t do a good job during my case and it wasn’t well presented. I feel like I’m going to get a Notice of intent to deny or will be put in removal proceeding. I know the first step is to get an attorney in my area. I have a serious partner I have been dating over the years here in the USA and she is scared now that I may be deported back to my home country so she is suggesting that we get married right away before the decision comes. What are the pros and cons and what other options do I have?
Since I do not know your situation, it is hard to say. But if your partner is a US citizen and if you are eligible, then you can marry and get a GC that way, even if your case is in court. Another option is to fight the case in court – many times people lose at the asylum office and then win in court. In your case, I recommend that you meet an attorney to evaluate the situation and go over your options. Take care Jason
Thank you Jason. I will have to meet with an attorney
Hi Chibababa,
Can you tell me when and where you file your asylum.
It will great help as I have been waiting for interview since ling time.
Patric.
hi, if you get married with someone who has a green card you can have luck to get a green card when she become an American ?
Maybe, but it depends on many factors, which I do not know about your case. Talk to a lawyer about the specifics of your case, so you can know about this. Take care, Jason
I lost my wife 3 months ago in my country and I sent request to the office locator if they can accelerate my case almost 2 months ago they didn’t sent me any confirmation regarding my case ,how can I do?
They are supposed to respond to such requests, so you should email them or go there in-person to follow up. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I filed the asylum recently and I have one question what kind of security check USCi do ? like they call your college your school your previous company where u worked ?
I have not heard about them calling your college or other references (but I suppose they could if they wanted to – as long as they keep your asylum case confidential). I think the security check invokes checking different data bases to see whether there is any info about you. But the process is secret, so I do not know for sure. Take care, Jason
Thanks for ur reply .. can u tell me why it’s important to have lawyer to file asylum case ??? What r the plus point to keep lawyer ?
I did a posting about this on July 7, 2016 – maybe that would help. Take care, Jason
Thanks I read ur july post .. but is still not clear.. just wanted to know if I know I don’t have any criminal background and my case is strong do I still need ?
My lawyer can talk when I m giving interview?
Or I m just paying him to come with me to the interview and make my file with all the paper I gave him with all articles?
The lawyer can usually only ask questions or make a statement at the end of the interview. The lawyer helps you prepare the documents and prepare yourself to answer questions. Also, the lawyer should take notes about what you say at the interview. I personally think it is good to have someone with you at the interview, as it may help ensure that the asylum officer does not do anything that he/she is not supposed to do (most officers are very good, but if you get a bad one, it is helpful to have a lawyer with you). Take care, Jason
Hello Jason,
I have question My ex-Husband applied asylum when we were married and i was dependent on his application now we divorce year ago his application is still pending i applied renewal of my work authorization , what are the chances for renewal and what options i have, Do i need to file another asylum application.
Thank you.
It is possible that you will receive the renewal (since USCIS probably does not know about the divorce). However, if you were his dependent and you are now legally divorced, you no longer have an asylum case and – if you qualify and want to do it – you would need to file your own asylum case. You should do this as soon as possible, as there is a “one year bar” to asylum, meaning you are supposed to file within one year of arriving in the US. You may meet an exception to this rule, since you were part of his case, but the sooner you file, the better. Talk to a lawyer to be sure about this. Take care, Jason
Hello Jason,
Is there way to expedite EAD renewal base on pending asylum, I applied my EAD renewal at TSC on may 30th and my current EAD expire on AUG 24th, I did not receive EAD renewal receipt so i called them and they gave me receipt number and they said we mailed you receipt and it’s show delivered so we can not issue duplicate receipt, and My HR asked me to submit new EAD before current expire. I know there is automatic 6 month extension but i don’t have receipt to prove that to my HR.
Than you.
First, you need to be sure that they have your correct address and that you can receive mail. If you need it, file a change of address form AR-11, available at http://www.uscis.gov. You have your receipt number, so you can show that to HR with an explanation about the automatic extension (I did a blog post on January 25, 2017 with links to the US government about the automatic extension – maybe those would help). Finally, you can call USCIS or make an Info Pass appointment and ask them to expedite (you can find info about this at http://www.uscis.gov). A letter from your employer might help with this. Good luck, Jason
Thank you so much.
Good morning Jason I want to say to you thank you so much I came here from time to time asking questions about my pending asylum case. Any how I had my interview and then was told I needed to see and immigration judge I did and was granted asylum and the judge made his ruling from the bench and stated it was the final decision just wanted to share with you this and say thanks again and to all out there don’t ever give up or loss faith
Congratulations and welcome to the United States (finally)! Take care, Jason
Hi Justin,
can you tell me when and where you filled your asylim application, as I am also waiting for interview since long time.
patric
I filed it in New York back in 2013 and got granted in 2017 I know it seems like a long wait but it it worth the wait
Hello,
On Agust, I will be here for 1 year, so I want to make an asylum application before that day. I am here with a tourist visa, which I had extended for 6 more months, after the first 6 months. Do you think my asylum statement should be consistent with my extension affidavit. Because normally, when I came here, I knew I could not go back to my home country, yet I said I will go back, in the extension affidavit.
If it is not consistent, you may need to explain it. Maybe you were not sure whether or not you would go back, and you said that in the hope that you might be able to return. But the officer could ask why you planned to go back when you filed the extension and you will need to explain. If the extension application was a lie, you could (eventually) be required to file a waiver due to the lie. Take care, Jason
hello ,i have applied for asylum since 9th of june but i have not gotten my receipt,pls what does dat means ? do i still have hope ? Thank you
It will take some time dnt worry
That seems too long. You should make sure you sent the application to the correct address. If not, make a new application and send it to the correct place, and include a letter explaining you sent to the wrong address. If you sent it to the correct place, contact your local asylum office to ask whether your case was received. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
My two kids are in my home country we miss them.I filed in august 2015 n the lawyer said it will take two more years for the interview
I filed under Newark nj
Separation from family is a good reason to request that your case be expedited. I wrote a post about that on March 30, 2017 – maybe that would help. Take care, Jason
My lawyer said he had already done it but the fact is that I dnt believe him.is there any way I can check by my self that whether he has or not expedite my case??
If don’t trust your lawyer, you might consider finding a new lawyer. You could try to check by going to the asylum office or emailing them and asking about whether your expedite request was received. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, when we ask to expedite, we submit a form and I have a copy of that form stamped by the asylum office. Take care, Jason
My lawyer said that the asylum schedule bulletin is not true n they are not following it
In my experience, it is pretty accurate. Some people are expediting cases, and so they are “jumping” the line. And there is some variability in who is being interviewed, but for the most part, it seems accurate to me. Take care, Jason
Thank you so much for your reply and I really appreciate what you are doing for all of us
Hi Jason,
I hope you are well. Have you seen the new I-797C (Notice of Action) receipt? It doesn’t expressly say that the current EADs are automatically extended for another 180 days. There are actually a number of conditions that must be met. I can therefore imagine that some people are quite anxious about proving to their employers that their EADs are in fact extended, provided that they have met the list of requirements on the Notice of Action. I would want to also imagine that the employers can simply use the E-verify to check if an employee has authorization to work.
Secondly, do you know how soon after (on average) does it take to get the approval letter after the Notice of Action (receipt)?
Thank you in advance.
The last I-797 I saw indicated that the EAD was extended, but I have not looked in a month or two, so maybe things changed again. I did a posting on January 25, 2017 that has some links to the law, which could be shown to an employer. As for the time frame, EAD renewals are taking 2 to 4 months; in most cases, closer to 4 months than to 2 months. Take care, Jason
Hi jason,
I applied for EAD renewal 120 days before expiration. Received receipts but Nothing after that. It has been over 135 days since they received the case. Are these delays normal?
Regards:
Amit
That seems too long – I would call USCIS and ask. The phone number can be found at http://www.uscis.gov. On that same website, you can also make an info pass appointment, if you want to ask in person (this can sometimes be more effective). If none of that works, you can try the USCIS Ombudsman – a link is at right. They can help, but they are not so fast. Good luck, Jason
Thanks a lot, Jason. I already have contacted them over phone. Yesterday received an email after 3 weeks of that call,” U.S. Citizenship and Immigration Services (USCIS) records show your case is in line to be reviewed by an officer. We ask that you allow additional time for this process to take place since we process these cases in the order received. If after 60 days you have not received anything in the mail, please contact the National Customer Service Center (NCSC) at the number provided below.” What do you suggest my further action should be?
Regards:
Amit
I would follow their instructions – hopefully, it will be resolved within 60 days. Good luck, Jason
Jason,
while on F1 I worked in Pending asylum EAD but maintain my 12 hours study. Since my son was on F2 dependent on my F1. He has to join college soon so can he get F1 status?
If your asylum has an EAD based on the pending asylum, he can probably go to school with that. If he is still in valid F-2 status, maybe he can switch to F-1 (though the pending asylum may make that more difficult). I recommend you talk to a lawyer to see whether he can change from F-2 to F-1. Take care, Jason
Hey Jason,
I was asked to come for a second asylum interview? I don’t know what’s about? I read there may be some confusion from the side of the Asylum officer or he changed before making a final decisions.
What happens during the second asylum interview?
Thank you Jason for stepping up to help us all.
It depends. Sometimes, they just need to ask a few more questions. Other times, maybe some new info came to light (maybe from the security check) and they want to ask about it. Sometimes, the asylum officer left, and the notes are not good enough to make a decision. You will just have to wait and see. You should prepare for the interview in the same way you prepared for the first interview, and you should be ready to answer questions about all parts of your case. Take care, Jason
Yeah, I have something that is petty and well, probably insulting for some considering what they have been through, but still bothers me a lot…
You see, it’s been 9 months. I was a very social person. I never had problem having company in the old country. I was out almost every day of week. I always “got lucky”. Went to Paris for 5 days, got lucky. Went to London for 2 weeks, got lucky.
It’s been nine months. No friends. No Girlfriends. No luck.
Why? 21. I’m literally going nuts. I have been drinking since I’m 15. I am too afraid to get a fake id (something I never needed before, not even when I was underage back home or abroad someplace else) . Can’t meet anyone. Can’t afford school. Life is Just perfect. I worked 76 hrs last week because my Ma (we came and applied together) can’t work. And worst of all, I can’t get no -ahem- satisfaction.
Things have been perfect :):):) just wanted to share.
There are all sorts of sacrifices that come with an asylum case. I guess this is another example. Good luck, Jason
Another great and much needed article. Thank you, Jason.
I’m trying to keep my sanity intact… After finally getting my interview expedited, I thought it went well (so did my attorney). The officer even told me I did not need to provide more stories because I “already proved [my] point.” But low and behold, I got a letter yesterday saying I was referred to immigrations court.
I’m an Iraqi Muslim who’s suffered persecution; almost got kidnapped twice and received direct threats when I was home. How else can one establish “past persecution and fear of future harm”? I’m wondering if this has to do with the EO, and if you know of similar cases after the ban was reinstated.
I know Iraq is not part of the current ban, but I’m curious to know if asylum offices are receiving any specific orders. Thank you again!
Hi Rae,
Sorry about the outcome. I wish you the very best in the next step in the process.
I have a question. How long did it take after your asylum interview to get a decision about your case?
Thanks.
Thanks, TJ. The decision came exactly 61 days after the interview. Best of luck to you.
I think asylum officers are not receiving such orders. But I do think there is a problem with the asylum offices denying cases that should not be denied. We have had this happen a few times, and on a couple occasions, we went to court and the Judge and DHS attorney told me that they did not understand the referral and that they would agree to grant the case without testimony. Once, a judge told the DHS attorney to call the asylum office and complain about the decision (whether he actually called, I have no idea). I am not sure why this problem exists – it may be a lack of training, but it might also be that officers are under pressure not to grant too many cases. Anyway, I wish you good luck in court (and by the way, if you think the decision is particularly egregious, you can ask the asylum office to reconsider it, though in most cases, this does not work – if you want to try, ask your lawyer about that idea). Good luck, Jason
Hi Jason,
I have received the notice of Action after submitting my EAD renewal documents from USCIS . How can I proof to my employer that i am still eligible to work for next 180 days after my old EAD expires on pending asylum?
Thank you
The receipt for the EAD renewal should indicate the 180-day extension. If not, I did a blog post on January 25, 2017. If you scroll to the bottom, there are links to government websites that explain the extension. Take care, Jason
Hey Jason
I use to read this interesting blog.
One of the interesting article I read was related to different asylum office with different approval rates. Can you please do research and tell us the reason of the approval gap between office. Is it due to asylum seekers profils(country of origine)?is it due to officers working on cases?.
Is difficult to understand how Texas/New York can have less than 30% of approval while San Francisco goes for closer to 80%.In my mind I guess there must be hard officers to win in some office than other or it can even be political strategy of some states.
Kindly
I have found they just stop doing that since last year, my guess is they what a more evenly applicants spread out the different regions.
While there are external factors (like different countries of origin at different asylum offices), I think asylum rates mostly vary due to internal factors, such as the officers and supervisors in the office. There was a study of the LA asylum office and Chinese asylum cases, which showed one officer in LA granting only about 5% of Chinese cases, while another officer in LA grants over 80% of Chinese cases. The other officers fall in between. You can see the study in a book by Phil Schrage and David Kinney called “Asylum Denied”. Also, you can find much of the data that goes into that book if you Google an article called “Refugee Roulette”. Take care, Jason
Hi Jason,
Given the existence of these internal factors, is it not wise to be filing in NY and offices with a low approval rate?
I’m starting to think it wasn’t smart of me to file before checking approval rates but, in my defense, I was younger and more hopeful back then, and naïvely thought the process was fair and only depended on the strength of one’s case.
Actually, for the most part, I think your younger self was correct that decisions depend mostly on the strength of the case (but not always). You could always move to a new jurisdiction, but if your case is strong and well-prepared, you should have a good chance for success wherever you are. In that study of the LA office, there were officers at the extreme (as I mentioned), but there were also lots of officers in the middle, where they – theoretically – should be. I just think playing the guessing game of which office is more like to grant is pointless. Better to spend your time prepaying a good case for the office you are in. Take care, Jason
Thank you for your reply, Jason.
I guess we’re all playing Refugee Roulette whether we like it or not.
Best,
Sara
Actually me and my husband working for UK based company.In our country women are not welcome at all for working outside .I always raise my voice against this aggressive Muslim organisation, now they have a point that my child is US citizen and I do wrong against my religious emotions by giving birth my baby to a Non Muslim country like USA.And , now they threatened me to kidnapped my baby if I continue my social work as progressive women.I several times complain in my local police station but they never support me.This is my situation ..could you please advice me if I seek assylum for me and my husband life saving which is in danger in my home country .This is also related to my US citizen child life protection ,she is also in danger.Is this helpful or supporting for granted me and my husband assylum in USA.I have all related documents that’s proof my harassment in my country.
Will be very much thankful if you suggest me.
If terrorist (or the government) is threatening to harm you or your family because of your political views (you believe in women’s rights) or your religion (the bad guys believe you are an infidel), these are legitimate reasons to seek asylum. You need also show that you cannot relocate somewhere else inside your country and that (if the bad guys are not the government) the government cannot protect you. But it sounds like you have a case – if you want a full evaluation of your case, you need to talk to a lawyer, as I obviously do not know your whole story. Take care, Jason
I’m from Pakistan. I belong to a persecuted minority in Pakistan. I came here and applied asylum in 2015. I’m currently waiting for the interview. I have work permit and I’m currently working as a doctor here. I met a Chinese girl here who was studying here. We wanna get married. What’s the best possible option for us. Should I update her as a dependent on my i-589 or should I wait till I get my green card? She’s not persecuted in China so will that affect my asylum case in any way? What do u think? Really want ur opinion on this. Thanks. Hope to hear back from u soon.
If she has no status in the US, it is probably better to add her as a dependent. It does not matter that she is not afraid of persecution in China. If she is your dependent, if you win, she also gets asylum, and if you lose, she will also be sent to court. However, if you do not add her to your asylum case, even if you win, it will be very difficult for you to petition for her – she may be required to leave the US and get her green card overseas, or you may have to wait years until you are a US citizen. In short, if you want to stay together and she needs you to get her status in the US, it is far better to add her to your asylum case now (once you are married). Contact the asylum office and they can tell you how to add a spouse to your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear jason.Apreciated for valuable post.I am doing everything by seeing your post.Since asylum application (2015)to waitng of interview.I haven’t hierd lawyer yet.I am the person having trouble,as you said in your post.i am having very hard time because of my health,i am taking medicine for diabetes,hypertension also h pylori positive.I admitted hospital ER more than 5 times,it is very hard to struggle with health without health insurance,i am almost depressed.what can i do.
Finish your case and submit all documents, and gather the evidence of your health problems and submit that too with a request to expedite (as discussed in the above article and link). Health problems are a strong reason to expedite, and so hopefully, they will be able to give you a sooner interview date. Good luck, Jason
Hi Jason,
All we know that relocating from south California to the north California will affect pending cases to be re-routed from LA office to SF office. In my case (did the interview & pending decision) since more than 2.5 years, I just received a letter for interview reschedule in SF office immediately (after few days) I relocate to north Cal. I thought only the case will transfered, why they are asking me for extra interview? Is that regular?
One more thing, in the interview letter, they said : “as of today, your case is 294 days pending”. Although I submitted my case more than 1200 days ago, and the interview more than days 800 days ago?! No action taken sonce 294 days. Any advise?
I would ask about the 294 days at the interview. We had a client once relocate to SF and they interviewed him again, but in his case, there were issues they wanted to explore about a job in his country. My impression is that the SF office is pretty good, and so maybe they have more questions or were not satisfied with the notes from the first interview. I recommend you prepare as if this is a first interview, and also keep in mind that they wrote down what you said in the first interview, so you want to testify consistent with that. Take care, Jason
Hi Jason, quick question. I finally received my EAD but I noticed that the USCIS number has changed.My first EAD was for OPT after college and this one is for asylum. Should I be concerned about the number changing?
I think that is normal (you have one number for OPT, and another for asylum), so I would not worry about it. Take care, Jason
Hey Jason.
Quick question. I heard from some immigration lawyer s that a lot of asylum officers are being assigned to several states and that they are interviewing people randomly. So any one has a chance of getting called in to an interview with no regards to the date they filed their asylum claim. Can you tell me if this is a real info? Thanks a lot.
I have not heard that, though I believe Virginia (and maybe other offices) are interviewing people within a certain range of dates, so it is somewhat random. We have not actually seen any cases interviewed out of order yet, though, so I am not sure about that. If I hear something more, I will try to post about it. Take care, Jason
Does anyone worry that, in the case of not winning their case and being sent back to the country of feared persecution, they may never make it out of the airport? As in, the authorities there will have figured out that you must have applied for asylum being away for as long as you have on a visitor’s visa, and have obviously been denied and no one has your back now? As in, they not only know that you sought asylum (not very patriotic), but also that your claim had been rejected so they could pretty much do what they will with you?
A close friend, a humanitarian, had gotten arrested in my home country (not asylum related) and had all major local and international human rights organizations rallying for her release, but they still kept her for a couple of torturous years anyway until they graciously decided to let her go for a presidential PR stunt. These guys..they DGAF – excuse my French.
Anyway, was wondering if it’s just my anxious mind that worries about this.
We have not really seen this. We did have a prominent Egyptian client where the US embassy sent someone to meet him at the airport in Cairo so he would not be arrested (this was well before he sought asylum though). I do think there is a danger of being in a more vulnerable position after asylum is denied than before. However, if a person is that prominent that they would face arrest at the airport, they should have a very high probability of winning asylum. At least that is the theory. Take care, Jason
Thank you for your reply, Jason.
Not so coincidentally, I’m Egyptian too. Let’s just say that your client had every reason to be scared of getting arrested upon his return. They’re really good at kidbapping people and making them “vanish” with no record or trace.
Here’s hoping I never need to worry about that.
Thanks again,
Sara
Hi Jason!
I filed for Asylum in August 2014. I live in the state the jurudisction of Chicago. It is showing that they are interviewing people filed in oct 2014-feb 2015. I havent received any appointment yet for the interview. Is my case lost? Are other offices you are aware consistent with the schedule bulletin? Is this a common issue. Thanks for everything.
Take care
Try to visit the Chicago office and file the request. You are supposed to be very soon. I just received the approval from Chicago office today. Good luck!
Hi
When did you file for asylum and when did you get interview? We have also applied in Chicago office
Thanks
I applied in September 2013 but in another office and transfer my case to Chicago in march 2017. I also asked to be in the short notice list in may 2017. They called me for interview in June 17 and the approval July 2017. Good luck
Congrats, Rita! Glad you got a swift approval after waiting as long as you have to get interviewed.
Hi Jason,
I have applied for EAD for the first time last week in Chicago office. How much time usually it takes to get it?
Anyone from Chicago who applied for EAD for the first time and waiting?
I applied 60 days ago and I am still waiting. It’s really frustrating
We are seeing EAD cases take between 2 and 4 months, but we do not have many cases in Chicago, so maybe someone else knows more than me about the time frame there. Take care, Jason
Hi Rita,
Which state do you live in if you don’t mind me asking? I live in Nebraska but the office under the asylum jurudisction is Chicago
Same like you In Chicago but got my interview was in Nebraska.
Hi Rita,
Which state do you live in if you don’t mind me asking? I live in Nebraska but the office under the asylum jurudisction is Chicag
This does happen sometimes. Contact them (maybe by email) and tell them, and hopefully they should schedule you. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, make sure all your evidence is submitted so the case is ready to go. Take care, Jason
Hi There,
I filed my asylum in Dec.2013. Chicago office. I got three EAD’s so far, the last one took four months!!! (last year).
However now, few days ago I received a notice for interview scheduled late this month. now am preparing for the interview with my lawyer.
I guess yes, it is random. call the office it might help.
Good luck and God Bless.
pretty ironic that people came here searching for the freedom and American dreams and end up with another persecution.
So sad indeed. Sometime you wonder whether being asylum seeker is somehow means to not be considered in the society.
I agree. Sometimes the cure is worse than the disease. Take care, Jason
Hi Jason, hope all has been well.
I have a question regarding my EAD renewal.
I have applied my EAD renewal before 120 days of expiration date, but I couldn’t receive still now and even the online case status is not changed.
I do want to show the receipt that allow employers to keep workers for 180 days. However, I lost my receipt,
is there any way to get the receipt again from USCIS?
And how long will it take approximately?
Thanks
pretty wired that prob the immigration issue is the only field the new president deal with but it became more messy than before…if you don’t know how to do it, just stop doing anything.
I am not sure how to get a new receipt – you can call them and ask (their phone number can be found at http://www.uscis.gov – you can also make an infopass appointment to go there in person to ask about this, if you prefer). Also, if you can get a copy of the check from your bank, USCIS stamps the case # on the check. You can use that to get your case status on-line, and maybe the employer would accept that. Take care, Jason
Thank you so much Jason!
Thank you dear Jason for everything that you’ve done for these people in these years.
Do you have any rough wait estimate for short list in Arlington office?
Does it really work faster than normal ?
How should we ask to be entered the list?
Do they accept requests for entering the list through their email?
Do you know how are priorities in short list (based on case filed date or entering the short list date)?
Thank you again.
I do not have a rough wait time, but my associate the other day told me that she thought it was over a year (where she heard that, I did not ask). It can be faster than normal, but there is no downside – you add your name to the list, and you might be called based on the short list or based on the regular queue, whichever comes first (though if you are on the short list, make sure your case is complete and submitted). Contact the local asylum office to ask them to put your name on the short list (yes, you can do that by email). You can find their contact info if you follow the link at right called Asylum Office Locator. Short list cases are supposedly called in the order they are placed on the list. Take care, Jason
Hello Jason, thank you so much for your help! I have two questions please: 1) can I travel with advance parole while I don’t have valid passport? If not what option do I have to travel outside the country as pending asylum seeker? 2) Im pending my case decision for security checks, do you know any case that was denied after long security checks? And if they want to deny why they would reffer a case for security checks? Im Syrian, thanks a lot!
1 – Advance Parole allows you to return to the US, but it is not a travel document (if you win asylum, you can get a Refugee Travel Document, which can be used as a passport for many countries). I think you will need a passport to travel. Of course, if you renew your passport, it could negatively affect your asylum case (especially if you fear harm from your government; the same government that will issue the passport). Without a passport, I do not know how you could travel overseas. 2 – We did once have a case denied after a long security check. I was very angry about it, as it was a bad denial (and if I remember correctly, the person got asylum in court). That has only happened to us one time, so maybe it is not common. Why they would cause a long delay and then deny, I do not know. Take care, Jason
Thanks a lot Jason! The thing is that I recently got approved for TPS and all security checks were cleared for TPS (also after a long wait and it only moved through the ombudsman). Do you have any idea if the security check I had for TPS could help to move the security check for asylum faster? Thank you, thank you!!
Security checks are a mystery, and my impression is that a security check for TPS has little or no effect on an asylum security check. Though you’d expect that if you “pass” one check, you would pass them all, so in that sense, I guess it is a good sign. Take care, Jason
Thank to everyone for your contributions. Any first EAD filler from Nebraska? I’m at day 93 today and still case was received. It’s so stressful
hi hope,
i applied to the Nebraska service center too and we have the same time frame. the good news is that they jist updated the processing time. check it out https://egov.uscis.gov/cris/processingTimesDisplay.do;jsessionid=abcyOFQSMHJ_y9ETuk90v
we should be good in the next couple of days.. hopefully.
First EAD, Nebraska. At day 63. Case was recieved.
Those processing times don’t mean anything. According to them Nebraska processes EAD based on pending asylum in 15 days, but most people wait between 60-120 days. So I don’t know why they waste their time on putting that info there.
I agree that the posted processing times are not so useful, though they are all we have from the government. Take care, Jason
Thank you Kar. Please let me know in case you get any update in your case
Hello Kar! Did you get any update on your case? I’m day 97 today still nothing. I know we applied at the same time from the same service center( Nebraska) I’m so desperate
sorry, nothing yet. unfortunately ?
it sucks!
Nebraska, 76 days here, “Case Received”. Stressful.
If you received the receipt, you should be fine (though you have to wait longer then you – or anyone else – would want). Take care, Jason
(Not a question)
Just wanna share that USCIS updated the interview schedule for asylum. There’s a huge leap forward.
Yeh, at least my main office (Arlington) is moving way fast , but my sub office (Atlanta) doesn’t (((((((
We just had an interview in Atlanta yesterday, so it is moving too. Take care, Jason
Wow! Could you ,please, tell me the time frame of this case? How it went?
If I remember correctly, I think they filed in about March or April 2014. Take care, Jason
I came here to say the same thing about the update. NY is slowwwww, though. February 2015 being done over 3 months! But at least they started on March. I filed in April so I’m on my tippiest of tippy toes. ?
Based on the fact people now is facing up with a longer decision-making period, the total process can even be longer than before. What became worse is that before the interview, you have sort of the sense how long you’d have to wait to be interviewed, but, when the interview is done then your wait now turns to be unplanned!!
So true. It’s a whole other nightmare.
I’m trying to worry about one thing at a time. The interview feels like this very tough exam that you’ve prepared for all you can and done all your studying, and now you just want to get it over with already.
Based on all comments that i read before and my analysis that I’ve done, waiting time for interview in NY office is 2 years and 8 months
But remember that the time frames are always changing, so it is difficult to predict. Take care, Jason
We are seeing this on the ground too – More of our clients are being interviewed in Virginia and other offices too. One reason may be that some cases from 2014 were interviewed in 2014, and so now they are doing the remaining cases. If they had finished most of the April 2014 cases previously, they can move through the remaining cases in that month more quickly. Once we reach a point where they have not worked on cases (January 2015 in my local office), the Scheduling Bulletin may move more slowly, even if they are doing a lot of interviews. Thank you for the comment, Jason
Thank you very much your post is awesome .It is been more than 8-months since I did my asylum interview ,my decision on hold according to last inquired .I don’t know how long is going to hold a year or a years am from ban country . and also separated family from my kids ,wife …Recently am stressful and tensional and caused i have disease from this named Vitilgo and i notice it is break out in my hand finger . I need my decision grant or refer to court really it is bad situation to wait for asylum office in dark .Any advise
If you can get a doctor’s note (or some evidence) of the health problems and stress, or about any problems for your family back home, you can give it to the asylum office and ask for a sooner decision. You can also inquire with the USCIS Ombudsman – a link is at right. If none of that helps, you can file a mandamus lawsuit – talk to a lawyer about that, but try the other ideas first. Good luck, Jason
Thank you for you kind reply , inquired my case in march 2017 the asylum office inform my they can’t issue any decision unless all security check come clear (no thing in their hand to do ) only hold and wait ..for how long no body knows ?. in this case the your above advise works ?
Many of my clients experience this, and the wait can be very long. You can keep inquiring now and again. You can also contact the USCIS Ombudsman – a link is at right. If things are taking too long for you, you can try a mandamus lawsuit – talk to a lawyer about that if you want to try. Take care, Jason
T
Thank you very much, i will try Ombudsman , Can you advise me about good lower in TX
I cannot make recommendations here, but you can start with non-profit organizations and if they cannot help you, maybe they can refer you to a lawyer. I did a posting on September 22, 2016 that has links to lists of non-profits. Take care, Jason
The words ‘re really supportive and encouraging!! God bless!
Hi Jason
I’m gonna try to explain my situation
I’m separate from my family and my fiancé 3 years from now, still waiting for interview. Some of my family members died during this time, like aunt, grandfather, 2 of my good friends, and all of this give me to much pain
I’m working, paying taxes, never got a ticket, good credit…
My question is: do this help me in interview?!
Thank you very much Jason
It may help a little – besides showing eligibility for asylum, you also have to show that you deserve asylum as a matter of discretion. All that you describe may help you show that you deserve asylum as a matter of discretion. Certainly, too, it shows the tragedy of these very long delays. Many people are suffering problems like yours and it is a great difficulty. Take care, Jason
USA is the best country the world had ever known. It is an honor and huge blessing to be the citizen of this country, we only dream and hope to become someday
Jason
U are right I am confused and you wrote my problem.
ince Donald Trump came to power I fainted twice and entered hospital by emergency where they requested me to pay 6000 USD I fainted twice and entered hospital where they requested me to pay 6000 USD bills but they send me letters day in and day out that stressed me to this level. No proper job, case delayed interview, separated from family, hospital Bill as night mare I need help
I can show the letters
Who can help me? My lawyer tells me to wait for their call but process is too long
How long shall I wait ?
I am still depressed
Need help
I provide some suggestions in the article above, including links to prior posts I did about expediting your case. Maybe you want to try that. Good luck, Jason
Thank you Mr. Jason for supportive post. I believe wait time is torture especially in the case of family separation. I hope the government find some solution to speed up the process for many people.
For what it’s worth, processing times are getting a bit faster – this is because the Trump Administration has scared people from coming to the US and/or blocked them from coming here. Since there are fewer people entering the system, people in the queue already are seeing their cases move more quickly (though the waits are still very long). Take care, Jason
It’s torture, indeed. For someone who already suffers from anxiety, this process has taken a major toll on my wellbeing. I keep myself going by drawing strength from the love I have for my child whom I’m doing this for.
Keep pushing, Kris, and good luck.
Who do I have to piss off to get my garbage US citizenship cancelled?
Yourself may be. And I don’t understand why you’d think it’s a garbage. It is an honor to be a US citizen for most if not all citizens.
USA is the best country the world had ever known. It is an honor and huge blessing to be the citizen of this country, we only dream and hope to become someday
The Man.
It might help you appreciate what you’ve taken for granted a little more when you see that there are people who have left top management jobs behind, fancy cars and homes only to come here seeking refuge and going through their savings while waiting on employment cards, and interviews. I don’t blame you at all for not seeing that. It makes sense when you’ve been born into privilege that you didn’t have to fight to earn.
Well said – especially the last two sentences. Maybe I should recruit you for a blog post…
I hope it’s not too weird that I took a screenshot of this, and may be framing it.
It’s like getting a compliment from Oprah, only better. 🙂
Oh boy. Just don’t expect a free car anytime soon…
Haha yes, Oprah minus the shilling! XD
You just described me.
Do you have friends from your fancy past trying to visit you here, too? Mine won’t quit, and they don’t know why I’m here or how bad things have gotten for me since they last saw me, so I do everything I can to dodge the meet-ups. 100 percent successful so far – lonely, yes, but at least I don’t have to deal with pity. LOL