Bye Bye Scheduling Bulletin, Hello Chaos!

By now, you may have heard that the Asylum Division–in a surprise move–has changed the order in which cases will be interviewed. This means that new cases, filed after January 29, 2018, will be interviewed before older, pending cases.

“Sorry, the front of the line is now over there… I guess…”

To understand what’s happening, let’s review a bit of history. Since the mid-1990s, when an asylum case was submitted, the Asylum Office attempted to interview the applicant within a couple months. But as the number of applicants increased, the Asylum Office was less able to handle the volume. Further, starting in maybe 2011 or 2012, large number of asylum seekers began arriving at the U.S./Mexico border and requesting protection (many of these applicants were “unaccompanied minors” – i.e., children without parents – whose cases received priority). In addition to their normal workload, Asylum Officers were assigned to assess these border cases and administer a credible fear interview (an initial evaluation of asylum eligibility). All this resulted in an inability to keep up with affirmative asylum applications. The result was The Backlog.

In my part of the country, the backlog began in probably 2012. We would mail asylum cases as normal. Some applicants would be interviewed within two months; other cases disappeared. Of the cases we mailed, about 60% were interviewed and 40% disappeared.

Although the Asylum Division recognized the problem, they were reluctant to change the way they processed cases. Their fear was that if they interviewed cases in the order received, all cases would move slowly. This would create an incentive for more people to submit fraudulent applications, knowing that their interview would be delayed and that they could remain in the United States for years with a work permit (150 days after she files for asylum, an applicant can apply for an employment authorization document). The problem, of course, was that cases in the backlog (the ones that “disappeared”) would never be adjudicated, and would remain in limbo forever.

Then, in December 2014, the Asylum Division decided to try a new approach: They would interview the oldest cases first. In a sense, this was more fair, as it gave people with “disappeared” cases a chance for an interview. At about the same time, the Asylum Division created the Affirmative Asylum Scheduling Bulletin. Now, for each asylum office, we could see who was being interviewed based on the date the application was filed. This at least gave applicants some sense of how their cases were progressing.

Whether the new system worked, or whether it encouraged fraudulent applicants who only wanted work permits, I do not know. I do know that cases have been moving very slowly since December 2014. I believe this is largely due to the prioritization of cases–unaccompanied minors and credible fear interviews received priority over “regular” asylum applicants, and since there were a lot of these, the Asylum Office has been crawling through its backlog of regular cases. We could see what was happening (or not happening) on the Affirmative Asylum Scheduling Bulletin.

Enter, the Trump Administration, which views asylum seekers as fraudsters. USCIS (which oversees the Asylum Division) announced the change in policy yesterday, and the change is retroactive–all cases filed on or after January 29, 2018 will (supposedly) be interviewed within 21 days. There is, of course, a caveat: “Workload priorities related to border enforcement may affect our ability to schedule all new applications for an interview within 21 days,” says USCIS.

According to USCIS, the new priorities are as follows:

  • First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS.
  • Second priority: Applications that have been pending 21 days or less.
  • Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings

From this, it appears that unaccompanied minors will no longer be a priority, which may make things faster for “regular” applicants. Also, it appears that the system for requesting expedited interviews will remain in place: “Asylum office directors may consider, on a case-by-case basis, an urgent request to be scheduled for an interview outside of the priority order listed above” (I previously wrote about expediting affirmative asylum cases here). Finally, since cases are being interviewed on a “last in, first out” basis, there is no longer a need for the Asylum Office Scheduling Bulletin, and so USCIS has eliminated it (though wouldn’t it be nice if they used that website to provided updated information about what they are doing?).

USCIS has made the reasons for the change pretty clear: “Returning to a ‘last in, first out’ interview schedule will allow USCIS to identify frivolous, fraudulent or otherwise non-meritorious asylum claims earlier and place those individuals into removal proceedings.” Presumably, it will also allow legitimate cases to be granted more quickly, which may be good news for people planning to file for asylum in the near future.

Rumor has it that other changes are coming to the asylum system, but what they are, we do not yet know. Given the government’s view that many asylum seekers are fraudsters, I can’t imagine that such changes–if any–will be positive, but we shall see.

There is a lot to say about this new change, but for now, I want to urge people to remain cautious. We will have to see how this plays out in the coming weeks and months. Obviously, if you are a new asylum seeker, or if you filed recently, you need to complete your entire case now, so that you are ready if an interview is scheduled quickly. If you have a case in the backlog, and are now losing hope of ever receiving an interview, you should try to be patient–it may be that because unaccompanied minors are no longer a priority, and because fewer asylum seekers are arriving at the Southern border, cases will begin moving more quickly. Only time will tell, and if I have any news, I will try to post it here.

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519 comments

  1. Helo sir! I appled asylum 2014 & when I applied asylum i field my child when his age is 20 & now my case has been granted 2018 in court & now my child age is 24 does he come to america ? I can appy him now ? Thankyou

    Reply
    • If he was under 21 when you filed for asylum, you can bring your child to the US. Start the process with form I-730, available at http://www.uscis.gov. You must file this form less than 2 years after your asylum case was granted. Take care, Jason

      Reply
  2. Dear Jason, I am a bit confused about this new scheduling. So I applied in September 2017. Now under the new system the interviews are scheduled based on LIFO. The statistics given by the USCIS for credible fear workload shows that every month they recieve more applicants than that they interview. Which means that even under LIFO, each month the backlog is growing, in that all new applicants are not interviewed. Does this mean my potential interview date is moving further and further? Because if they can’t even interview all of the new applicants, how would they interview those already in que?

    Reply
    • For those in the backlog, my sense is that they are falling behind, not advancing towards an interview. From February to May 2018, they interviewed 51% of new cases within 43 days of filing. This means that almost half of all cases went to the backlog. I suspect they are interviewing an even smaller percentage of cases now, though I am not sure. This means, for people in the backlog, the only real option is to wait forever or try to expedite, or hope that something in the system changes. Take care, Jason

      Reply
  3. Hi Jason,
    Thanks a lot for your support.please I wanted to know if my husband’s i-730 is approved how long will it take to approve his visa at BBC and those that mean an immediate interview? Because he is currently residing in neighbouring country other than the country he is suppose to be interview.
    Are they going to notify him through me here in the USA or are they going to contact him through his own address in the application.please advice.so as to know whether to return to his country of the address immediately his i-730 is approved to get ready for any request from them.

    Reply
  4. Hi Jason I want to ask one question I,m perscuted from my native country I have learning disability some kind of special needs I have a evidence that I,m tortured as person with special need it is for you strong case to go on my interview without laywer I Know that is better to have lawyer but what you think it is enough to get granted asylum with this case without layer thank so much in advance for your answear.. !for me is very significant to hear your opinion….

    Reply
    • If the basis for your claims is that you are persecuted on account of your learning disability, it seems to me that this might be a good claim, but it is also a very uncommon basis for asylum. Since it is uncommon, you would probably be better off with a lawyer to explain how you qualify for asylum. You might look for a free lawyer at a non-profit. I wrote about that on September 22, 2016. Take care, Jason

      Reply
  5. Hello Jason). I have send my application for asylum to Houston asylum office in march 2017, but due to some certain circumstances I have to move to LA. I know if you changing your asylum office, your spot in the line may change ( at least it used to be that way). Do you think after I transfer my case to LA office they will put me as a new applicant or ether put even farther in the line then I’m right now? Thank you ahead!

    Reply
    • I think you keep your place in the queue. Which way the queue is moving, I do not know, but you should be interviewed as if you filed originally in LA (at least as far as I understand the situation). Take care, Jason

      Reply
  6. Hi, please what’s your advice for me, I applied for Asalum and have been scheduled for finger print and interview this same month but I can’t find my Nigeria international passport up till now, I misplaced it and am still looking for it, do you advise me to prospone the fingerprint and interview. Thank you

    Reply
    • I think you should go to the fingerprints anyway – if you have any type of ID, or a copy of your ID, bring that. As for the interview, I do not know what the benefit of postponing it will be. It is better if you can find your passport. If not, maybe you can get some evidence that it is lost (letters from people who know about this, police report if it was stolen). Take care, Jason

      Reply
  7. Hi Jason, I applied for my asylum in 2015, i got social and work permit, now I am a truck driver and do 48 State and need a passport to keep doing my job, I was requested to expedite my case 5 months ago, they denied my request.
    What can I do now, please help.

    Reply
    • You can try again – get more evidence, including maybe a letter from your employer, and you can try again. It is not easy to expedite, but we have had to try several times for certain clients before they got an interview. I wrote about this issue on March 30, 2017. Take care, Jason

      Reply
  8. Hi Jason I have just question I applied for work permit after 150 days it is true that after that you can receive your ead after 3 months after that dare when you applied for that ead..? I know that you post to receive it after 30 days for asylum applicants , but they interesting me your opinion thanks in advance… Best regards.. Dusan

    Reply
    • We see different wait times for that. It may take 30 days, but we often see people wait 2, 3, or 4 months. Take care, Jason

      Reply
  9. Hi Jason I applied for asylum in October 2016 at Chicago office.my wife and kids are also included in my application. When can I expect for an interview? Thanks!

    Reply
    • Hi Emery dossys.I applied for asylum in December 2015 Chicago office.It is still no one movement.

      Reply
    • No one knows, but under the new LIFO system, I doubt you will get an interview soon. You can try to expedite if you want. I wrote about that on March 30, 2017. Take care, Jason

      Reply

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