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.
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.
Dear Jason,
Thank you for your help, valuable information and updates. May God Bless you abundantly!!
I applied for asylum in 2015, and was waiting patiently for the interview. Now things are reversed again, is there any way that I could apply or expedite my case based on Merit, as the current administration is proposing ‘merit based immigration’ ? I have PhD.
I appreciate your response in advance!
Stay Blessed!!
I doubt you could apply to expedite based on merit, but you could apply based on hardship or lost job opportunities if you do not have a stronger reason, such as health issues or family separation. I wrote about that on March 30, 2017 – maybe that would help. Take care, Jason
Thanks, Jason.
Stay Blessed!
Hi Jason;
I would very much aapreciate your opinion on this issue. I have been granted asylum in 20013, go tmy GC in 2015 , due for naturalization application end 2018. I have not been to my country since, mostly resided , worked in USA , worked oversea for USG. The situation in my country has substantially changed , I have now been offered a job there with a USG Organization. My question is can I take up this job ? would that jeopardize my naturalization? or prevent fromvisiting my family here.. What options do I have ? I really like the job, not because of the pay but also for it involves peacebuilidng and reconstruction efforts . The country is now safe for me , there has been Government change, elections,peace agreements and a huge presence of UN and international community making situation better . I know that this is not advisable , just checking with experienced Lawyer like you what are the options to avoid having troubles during the naturalization interview , or even during a visit to my family who will be staying here in the USA.
Because the government is now being so vicious towards all immigrants, especially asylum seekers, I think there is some risk to you if you take that job. It does seem like there are explanations about why you can now go to your country, but I just do not trust the government to view those objectively. They seem to be looking for any excuse to hurt people. So in my opinion, you might be better off waiting until you are a US citizen. Of course, in the end, it is up to you, and maybe I am overstating the risk, but things now are so unpredictable that it is difficult to advise people. Take care, Jason
Hey Jason,
I wonder if my salary and taxes that I paid being waiting interview really matter? I making ~$90k a year at full time job. Will AO consider this?
No mr. Selenium..
It normally would not matter, in terms of demonstrating eligibility for asylum. But when a person has a good job, it is viewed as a positive discretionary factor, if you are otherwise qualified. In short, it won’t hurt and it might help a bit. Take care, Jason
Hello Jason,
I have a quick question
My asylum application was filed in February 2015 in the Houston Office, and the asylum bulletin posted in January 2018 showed the office was processing January 2015 applicants.
Does the new rule put me last on the entire list of applicants or it means when they finish cases filed after January 29, 2018 they proceed in the normal procedure (process cases filed before Jan 29, 2018 in the old way).
Thank you
One of my friends has the same situation with your you. He filed in October 2015 and Newark office was just moving to October 2015. We will know how it plays out in one-two months. No one can say anything for sure now,
Teague,
I am exactly at the same situation as yours, I was waiting to be called for interview in a month. it looks like the things are exactly as what you said. We are back all the way at the end of the line, but lets wait and see what happens in couple of months. if USCIS strictly apply the new rule, yes we are at the end and have to start the wait over.
Thank you Guys !!!
Very FRUSTRATING !!!!
Same with me. I submitted my application in September 2015, in Chicago and they’re already in October in Chicago. I was waiting for my interview any day from now and things just change. God is our refuge.
It seems to say that they will review cases in the order from newest to oldest, which would set you back in line, but we need to see how this is implemented. At this point, it is too soon to tell. Take care, Jason
Hello Jason:
I have one more question
I tried to expedite my case two times through my attorney and two times through a congressman office (including supporting documents), however, I didn’t get a reply in all the cases.
As I mentioned it in my previous inquiry, my case has been dragged back again due to the new rule.
I decided to leave the US to Canada in the coming three months. Is there any specific requirements I need to follow to make my departure legal? Any procedure I need to follow to inform the immigration office.
One thing I know is that people from my country do not get deported even if denied asylum here in the US.
Thank you
Talk to a lawyer before you go to Canada to make sure you can do that. Otherwise, there is nothing much to do. Once you are in Canada, you can contact the asylum office and give them some proof of that, and ask them to withdraw the case. They may or may not withdraw the case, and we have had problems doing that, but it is worth a try, as that will avoid a deportation order. Take care, Jason
Thank you Jason
Hi Jason,
Thank you for your help!
Today I received a letter from USCIS about my application almost 2 years ago in San Fran. I filed it with my lawyer. The notice is saying that there is not enough evidence to support my after one year filing and if I want to waive my asylum interview. My case is about being part of LGBT group and there is an exception for why I did file within year. Is it normal to receive the notice form uscis DC office?
Looks like uscis is now trying to find every excuse to stop people from applying asylum. Maybe they started to arrange someone to check the late filed cases to eliminate cases that can be denied at early stage.
They are asking me to waive my interview and be send directly to court.
wow, never heard of this before. Looks like they are really changing rules. they may just added one more step before asylum interview to reduce the pending cases. Just personal thought: they may have arranged resources for a quick check of pending applications and flag them as no-go for the interview, which will eventually end up being referred to immigration courts. If they really started to be irrationally strict with one-year deadline rule and direct asylum officers to do the same with the “flagged” cases, the officer may not even look at your case and directly refer you to the court or deny you based on one-year deadline rule. So instead of waiting for years for a potentially ”pre-decided’ and “flagged” interview, it may be wise to choose to waive the interview and go directly to the immigration court. But this never happened before and I am making a lot of worse scenario assumptions based on the ‘creativity’ of current administration.
I respectfully disagree. I think it is far better to try to get the interview and convince the asylum office that you meet an exception to the rule. They are trying to eliminate due process for asylum seekers, and people need to stand up against that. In addition, it basically gives up the first opportunity to have the case reviewed, and I think that is a bad strategy. In the end, there may be no choice – I suppose they could try to send all “one year” cases to court, but if there is an option to fight, I would take it. Take care, Jason
This is something new and very bad. I have not heard about the before. They should interview everyone to determine whether the person meets an exception to the one year rule. I would absolutely not waive an interview, if you have that option. Talk to your lawyer to get as much evidence as you can to show that you overcome the one-year bar. I wrote about the one-year bar on January 18, 2018 – that may help, and we will be posting something else about it related to LGBT applicants either this week or next week. Take care, Jason
Thank you Jason! Yes the form gives me the option to continue the process with the interview. Also my lawyer was also surprised about it and we are getting the evidence ready.
I’ve now heard about a second example from the NY office. My lawyer friends point out that for some, this might be an advantage, since they can go directly to court where they are eligible for other relief aside from asylum. However, if asylum is your main goal, I think it is a very bad idea to skip the interview. At least they seem to be giving you the option. Please do let us know what happens at the interview. Thank you, Jason
Thank you Jason, sure i will let you know.
Dear Jason,
Pleasr i have this quick question, I was asked to provide evidence for my initial request for my first EAD application, I just want to ask if I can mail the evidence back to the Service Center that send the mail to me or should I send it to lockbox please help me out. Thanks
Dear TJyde,
When USCIS asks for evidence, they send you some yellow papers explaining the details. You should put all those yellow papers on the front and put your evidence (i.e. asylum receipt and an explanation letter) behind them. After you can mail it back to the Service Center. If you don`t put the yellow papers, the Service Center won`t take your evidence into consideration.
Good luck,
Please see my previous response. Take care, Jason
Hi Jason! I applied asylum on 26th January 2017. My question is that, It takes too much time for me to decide applying asylum.I have very good reason and evidence but I exceed my status 2 days and applied 2 days after my status end. I entered the country 23 July 2016 with b1/b2 tourist visa and so I got 6 months to stay in authorized and it ends 23 January 2017. My lawyer send my documents on 25th January 2017. So My question is that will this situation affect my case ? My lawyer told me it is within 1 year that you entered the country so it will not affect. But I have some doubts. Please tell me it will not affect! Thank you!!
Hi Burak,
The law says that you must apply for asylum within one year of your arrival in the US. If you do not apply within one year, then you may be ineligible for asylum. If you can prove, however, that you weren’t able to apply for asylum before the one-year deadline, then you may be exempted from the ineligibility. Some common reasons- and more often than not acceptable reasons by USCIS once there is proof- why people fail to apply within one year of their arrival are as follows:
1. Changed circumstance- this can be personal change or a change in country conditions while you are living in the US
2. Mental/psychological/medical
3. Having some kind of lawful status such as F1 status
The list above is just a few of the many reasons that can be used to overcome the one-year bar.
Now, with that said, and taking into consideration the law as it currently is, being that you file before the 1 year deadline, the bar does not apply to you. Your lawyer is therefore correct.
As a side note, since USCIS has since recently decided that it is going to change the order in which it schedules interviews, you may very likely get an interview notice pretty soon. In addition-assuming that your application for asylum was filed affirmatively-being that you filed when you were out of status, your application will be referred to court if you aren’t granted asylum at the asylum office.
It seems to me that asylum applicants tend to often times confuse the 6-month authorized stay (in status) and the 1 year deadline.
Jason, please feel free to add or subtract.
If you entered in July 2016 and filed in January 2017, you are fine, as the only issue is whether you filed within one year of arrival. Take care, Jason
Hello Jason.
Thanks for the comments and updates.
I talked to my lawyer about this new rule and sent him the link from the USCIS that recent cases will be handled first and it will go backward and since I applied in Sep 2015 and I was expecting an interview date soon, but he told me it doesnt affect my asylum application because I entered US legally with a B1/2 visa and applied for asylum but the new rule is for affirmative asylum , but I am still not sure whats the diffenrence and if this is really the case please. Thanks.
looks like your lawyer is wrong. If your case is in the asylum office not in court, you are part of affirmative asylum applicants and this rule affect you.
Thanks for the reply Allen. I know my case is not in court as I am not put in removal and haven’t heared from USCIS at all. I was quite confused with what my lawyer told me as I knew about affirmative and deffesive asylum. Also I could not look up my case status even before the new rule on the USCIS website with the receipt number I had, I called them quite a few times and was told my case is in San Francisco local office and to contact them, any idea or experience about what the difference? Thanks.
@ Maiwand … Unfortunately No asylum applicant pending with interview can check up the status online.( That’s what I know atleast, May be I am wrong too).
By the way I like that nickname of yours” Maiwand”. The second Anglo-afghan war Battlefield.
Regards
Thanks much Aryan, really appreciate it.
Thats actually my real name 😉
It sounds to me like your case is affected by the new rule. You cannot check an asylum case online. You could try emailing the local office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Maiwand,
If what you say is correct, then your lawyer needs to read more about the asylum process in the US. It seems to me that you know the difference between affirmative and defensive asylum applications. I am inclined to believe, though, that you may have misunderstood your lawyer: he was perhaps trying tell you that because you filed in 2015 you may not necessarily or immediately be affected by the new change as, unfortunately, your case would now be in the third category or priority.
If USCIS strictly follows its scheduling change, then what that means is that people who filed on or after 1/29/2018 would have their interview notices 21 days after they filed their applications.
It also appears that unaccompanied minors are no longer a “scheduling priority” for USCIS; theoretically, what this means is that you may very well get an interview notice soon. In any event, it would be wise to gather all you documents and start preparing for you interview as what USCIS is really going to do is currently anyone’s guess.
Yes Jamie, thats what he exactly told me thats why I was confused and thought I might have not understood the difference when I read about the affirmative and defensive asylum although the terms affirmative and defensive itself makes it clear. He told me “it would only be affirmative asylum and would affect you if you would have illegally crossed the border of US-Mexico, and since you came with a B1/2 visa it does not affect you as yours is a defensive asylum application” and I was shocked. Thats why I wrote it in here right away to make sure the terms affirmative and defensive does not interpret vis versa. I am totally lost now and don’t know what would happen further after I get my asylum and start the process to bring my wife and three kids from Afghanistan and honestly I cant afford to pay another lawyer again.
Do you mind if I ask how much you paid him? You should be more concerned with how he put your application together, (if he truly cannot differentiate affirmative and defensive asylum)than what happens after you win.I like your optimistic spirit though.
Thanks Tina, I paid him the regular lawyer fee, couple of grants 🙁
Hopefully things were put together fine as we did it together but as you said my concern is what happens after I am granted asylum and start the process to bring my family. I am hoping for good 🙂
At the minimum, you should ask him for a copy of your entire file, so you can see what he did. The lawyer is obligated to give this to you. Take care, Jason
Maiwand,
👍👍I need some of your optimism.
Maiwand,
I sympathize with you. I would suggest you talk to your lawyer further. You may also want to send him a USCIS link that explains the asylum processes. Does your lawyer specialize in immigration or asylum law?
I wouldn’t suggest that you make any rash decisions. It could be a genuine mistake. Furthermore, even the lawyer genuinely doesn’t know the difference between the two types of asylum cases, that doesn’t necessarily mean that he isn’t an excellent lawyer otherwise.
If you are still uncomfortable with him, you may want to start looking for pro bono lawyers if you can’t afford a new lawyer.
Always remember, it’s your case and you know what is at stake. On that note, I can definitely tell that you are moving in the right direction.
This new rule does not affect people in court. If your asylum case is with an Immigration Judge, the rule does not affect you. Otherwise, I think it affects everyone with a pending case with the Asylum Office. Take care, Jason
Hello Jason,
My mum filed the case in December 2015, and the interview seems would be delayed couples of years. That’s sad. However, I will take actions to help my mum expedite her case.
1. I am holding F1 visa studying in America since 7/25/2016. I hesitated if I should be added into my mum’s case as a derivative?(according to CSPA, I still be classified as a child) I have options either be a derivative or seeking for H1B one year after I graduate. If my mum’s case is denied, as a derivative can I still come back for H1B or F1 status?
2. I am quitely confused that how universities define California resident. As a derivative, am I qualified for that? As a derivative, I should be able to get EAD card for working legally. However, I am still holding F1 visa. Does it make sense?
3. I am not dare to travel outside America since I come to America because of my mum’s pending case. I think maybe it will affect my next entry to America. I don’t know if it is true? Also, I hesitate to file income tax return with my mum together. I am afraid if i leave too many records with my mum together. I think maybe it would affect me somewhere in the future. Either customs entry or my student status.
Can you give some advice in this field?
If not can you please tell me where I can inquire to?
Good morning Sir.
I want to ask if my interview of asyum deny from asylum office then what is next step for me what can i do? As i applied in Oct 2017 so can i still apply forwork permit after 180 days means in April ?
Thank you for your reply.
Mohamed
Can u share your experienc
Witch offce
And date of interviwd
And date of dnay ,?
Dear sir
Nothing happen anything yet….with me…i am saying qs to you incase if my case deny from asylum office can it go to court and can i able to get work permit?
Thanks
If the case is sent to court, you should still be able to get a work permit. Take care, Jason
If you filed for asylum, normally, you can apply for the work permit after 150 days. If your case is denied and you have other status here, you will be sent to court where you can present your case again. If you still have some other status here (like F-1 or H1b), you will be able to remain here until your status expires. You could potentially apply for asylum again if that happens, but talk to a lawyer to understand the procedure at that point. Take care, Jason
1 – If you are a derivative and you maintain lawful F-1 status, you can get OPT and/or an H1b without leaving the US. However, if you stop attending school or if your F-1 visa ends, then you can (probably) only get an H1b by leaving the US and getting it overseas. You would need to talk to a lawyer before you tried that, to make sure that it is possible. 2 – I do not know; you need to talk to the university that you want to attend. 3 – Her case could affect your travel, and so I think you should talk to a lawyer if you plan to travel outside the US and return. As for taxes, I do not know about that, but filing taxes with her would not normally affect your immigration status. Take care, Jason
Hi Jason !
What about us ? For example I waited 2.8 years to get me interview, now i have to go for MH in june, than only God knows how many more years for IH ?!!
Appreciate your opinion
Court cases are not affected by the new change, so the case should proceed as normal (which is usually fairly slowly, but it depends on the judge). Take care, Jason
Dear Jason,
I hope this message finds you well. Thank you very much for your quick and precise replies.
I have filled an asylum case in the Sep 2017. I have entered to US on F1-visa, and still, I am in status (I have not violent F1-visa till now). But, In late February, I would be eligible to apply for the work permit. So my first question is if I apply for work permit and work with it (and continue my education in the university by enrolling as a full-time student), do I violent my F1-Visa ?
And If I violent my F1-Visa, is there anyway to restore it without leaving the US ?
Having a backup plan such as staying in the F1-visa is rational and safe, But should I cancel my backup plan and apply for the work permit as soon as I can, OR wait for a while (like 2-3 months) to see how does this new rule affect recent cases (like mine) and then make a wise decision accordingly ?
By the way, My country is in the middle-east, and statistically, the chance of getting approved is high (hopefully).
Again I want to thank you for your helpful website and comments.
Best
If you have a work permit, you can work; it should have no effect on the F-1 status, so you will still have your back-up plan even if you get the work permit (as long as you stay in school and otherwise maintain the status). Take care, Jason
Dear Jason
Few weeks earlier got an email from USCIS office saying they were unable to approve my request for putting me in short list category, as the file was in transit.
Within next 10 days after the first email, I received another email saying” Per your request you have been placed on the short Notice list”.
Does this new implemented policy would affect candidates placed on short notice list too ?? OR would they be contacted in a normal procedure in main streamline??
Regards
As far as I can tell, the new policy has no effect on short list cases or expedite cases. Take care, Jason
Dear
I applied on February 17 2017 for asylum in Newark office and based on the new scheduling when can I expect? Is it sooner than the previous scheduling?
Thank you
Maybe, but there is no way to know until we see how they are implementing the new policy. If they really interview newest cases and work backwards, it may be faster for you. Take care, Jason
Hello Jason,
I applied for asylum on November 2015 in LA, and with the current changes in policy it looks like its going to take at lest another couple of years to get my appointment no body know for sure. With that being the case i am considering filing a writ of mandamus but i am afraid that my case will be reviewed with more scrutiny if i do so?
I do not think a mandamus would work in this case – that is for when the government fails to do its job. In your case, they are doing their job, just not in the way you prefer. I may be wrong about that, and it may be worth talking to a lawyer who does such cases. You could also try to expedite your case – that mat be the better approach. I wrote about that on March 30, 2017. Take care, Jason
Jason, do you know if the same change will be applied for Immigration Court? Without court change the order as well, it is hard to see how they can filter people who is filing only for EAD fast.
I do not know of any such changes coming, and that would be an even bigger mess, since the court has actually scheduled everyone already. So they would have to erase all that and re-do everything. I doubt that will happen. Take care, Jason
Hi Jason, do you think is it going to effect who already had the interview and waiting for interview result?
Thanks.
We just don’t know yet. Probably, it will be slower, but we will have to wait and see. As I have more info, I will post it here. Take care, Jason
I’m one of the followers of all the newsletters on the Asylumist web site, and allow me to thank you for the wonderful efforts.
I applied on Asylum application in 2015, and I have been waited since that time.
Unfortunately, per the last issue from USCIS, I thought my file will be late many years without any clear information.
Since 2015 I have found my big son has autism, and he need to a bunch of treatments to make him a better than before, and as you know everything so expensive without insurance, and we can’t get any Medicaid depend on my asylum pending. I applied many times at job and family’s services in Ohio Columbus but every time I got denied per our case.
My question is can I apply for the short list at Chicago Asylum office per my son case?
You can use that as a basis for the short list or to try to expedite the case. I wrote about expediting on March 30, 2017 – maybe that would help. Take care, Jason
Hello Jason,
My wife and I applied for affirmative asylum in October, 2017, and we got the biometrics too. I think we will have an interview soon with the new policy. I have two questions:
1) If we are interviewed before 150 days pass for EAD and we are referred to the court, will the asylum clock continue without stopping?
2) After 150 days passed and we applied for EAD, we are interviewed and referred to the court, will we still receive EAD?
Many thanks,
1 – Even if you are referred to court, the clock should not stop and you can get your EAD while your court case is pending. 2 – Yes, you should still receive it. Take care, Jason
[…] USCIS has changed the rules for setting up interviews. As attorney Jason Dzubow writes “Bye, bye scheduling … hello chaos”. (He’s not referring to ‘Nsync’s song.) Now it’s last in, first to be scheduled. […]
THANKS FOR ALL INFORMATION, GOD BLESS YOU, I AM ASYLUM APPLICANT (2015) AND YOU INFORMATION IS EVER GOOD…
Hi Jason
I applied on November 2017 I did my fingerprints I haven’t get my EAD , My question is under this New scheduling system system you think how long will take me to get the interview ؟ I’m not ready yet I have to gather more documents thank you in advance
It may be soon – if they really do newest cases first. You should gather your documents and get ready, just in case you get a quick interview date. Take care, Jason
OMG, I filled my case in November, 2014 and right after that they changed their priority to unaccompanied minors. Now USCIS were almost at my month of filling and they changed it again. So, I was waiting 3,5 years and will wait again more than 4 years? Than you so much, Jason
Let’s hope not. We will know better how this is playing out in a few months. Take care, Jason
Can someone please share their experience of flying domestically?
I fly about 2 times a year. Only once a TSA officer asked me to show my passport, because my driver’s licence says “temporary” (they didn’t look at the expired visa though, only the first page of the passport was needed). Other than that never has issues. But I never left the continental part of the US
People seem to be able to travel domestically with no issues. I’m haven’t been feeling up for it. Don’t want to be at an airport with my little child, and be asked to wait in some inspection room while they figure out what an asylum seeker is.
If my final approval does come in in this lifetime, I should feel brave enough to go on an overseas trip to meet my family.
Sara, I feel good that you are positive. I (and this is me being my usual pessimistic self) would caution asylum applicants, asylees, conditional approvals, etc. from going near any airport/borders. Of course if they want they can come get us where we work, go to school, live, etc., but most of the time they hold on to people who willfully/unwittingly get too close to them.
To me, ICE has become more ruthless and is detaining people- even people who have no criminal record and have some kind of lawful status- because they simply can. Furthermore, they are now checking flight and bus reservations and matching them against their database. It’s also been reported that people who are protected by court orders are now being detained and deported.
Since recently, a Mexican LGBT asylum seeker who has his case at the BIA was detained and eventually deported. His lawyer argued that he was unlawfully deported. The judge ruled that the deportation was unlawful since there was no final order of deportation. Luckily, he was brought back to the US as a result of the ruling.
I don’t want to scare anyone, but to avoid the inconvenience and “mistake” by ICE, I would suggest that you try to stay as far away from them as possible until you become citizen or PR.
I once had two officers (don’t know if they were ICE or not — they looked like regular cops) come to my house, and ask why I had overstayed my visa. I explained that we were asylum applicants, showed them evidence of that and they apologized (they were very courteous and nice about it, actually), and let us be. That was Obama era, though.
I need to see my family, so I will have to figure something out. My father now says “if I ever do see you again” when we talk. It’s too much. And the embassy back in (what used to be) my country is le poo, so I’m not counting on them giving my parents visas. They rejected my mother’s actually when she was trying to fly in to make it to my child’s first birthday. We’ll see.
Wishing everyone safety from this madness until LPRship/ citizenship.
It is good to be cautious, but as of now, I have not heard of any cases where a person with a pending asylum case was detained. The only exceptions are people with criminal records. I wrote about this on May 3, 2017. Take care, Jason
I personally know of two cases where a person with a pending affirmative asylum application that did not have a criminal record and did not have prior deportation record was detained. Both of these cases were Visa Waiver entries.
The Immigration and Customs Enforcement ordered them deported right after they were detained. They were given an opportunity to have their asylum claim heard before the immigration judge however because they were VW entrants they were a “Mandatory Detained” cases not eligible for bond. This happened in the jurisdiction of ICE’s Detroit office.
Lovely. Thank you for sharing, Jason
😀
I have flown domestically on an expired EAD plus the EAD extension letter from DHS with no issues. Not suggesting everyone should do that, but I was lucky and TSA didn’t say anything.
I fly domestically all the time. Also, I work at the airport. TSA has nothing to do with immigration, besides both of them being under the same DHS umbrella. If immigration wanted you, they would place your name on the “secure flight” list, thus you will not be able to check in for a flight by yourself (eg. mobile check in, self service kiosk etc.) You will need to check in with an agent at the counter. If that happened, then you should be concerned. All you need at the TSA checkpoint is valid identification (eg. state ID, state drivers license, EAD card, greencard etc.)
I traveled last month and didn’t have a problem. I also traveled 5 times last year and didn’t have issues. I use my passport and only once have used my driver’s license. Domestically.
Hope this helps
I traveled this month from Washington DC – Seattle and back to DC. No issues. Just used my Driving license
Don’t leave the lower 48 (the contiguous 48 states). If you traveled to Alaska, Hawaii, Puerto Rico, you may and may not face an issue with the immigration officer when you come back.
I volunteered to help people in Puerto Rico when the hurricane happened. I asked a lot of resources (online, & 2 lawyers). All of them said there is no problem to go to PR, except my lawyer, sent me email which was most convincing to me. Here is below I put the most important part of it:
Here is the information I pulled from the Custom and Border Patrol website. My advise is that you don’t go (sorry):
Here is the info:
U.S. Citizens and Lawful Permanent Residents (LPR’s) who travel directly between parts of the United States, which includes Guam, Puerto Rico, U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands (CNMI), without touching at a foreign port or place, are not required to present a valid U.S. Passport or U.S. Green Card.
However, it is recommended that travelers bring a government issued photo ID and copy of birth certificate.
It also is recommended that you carry proof of your LPR status at all times in the event you are asked to prove your status. This may be in the form of a green card or passport.
Hawaii is a U.S. state and therefore passport documentation requirements for U.S. citizens and LPR’s do not apply.
Entry requirements for non-U.S. citizens are the same as for entering the United States from any foreign destination. Upon departure, a passport is required for all but U.S. citizens.
Thank you – territories can be tricky. I thought Puerto Rico was ok, but Virgin Islands were not. I once wrote about a guy who got stuck in American Samoa (on October 17, 2012 if you are interested). Better safe than sorry, I guess. Take care, Jason
some insights to asylum statistics: Despite Trump, new filings in the fist half of 2017 are as high as 2016 (around 10k each months nationally and 1000 in Newark office) . Asylum filings in Newark offie in 2015 was at around 600 but they are scheduling 1200 cases per month on average now, that is why they moved so fast recently. The new rule certainly decrease new filings as it virtually requires applicants to submit all the files and people cannot just submit i-589 without supporting documents to stand in line as before now. Apart from this, cases filed by children are no longer priority and considered as regular asylum cases now.
But the ones who file asylum just to get EAD may not be affected too much by this rule because majority of the new cases are filed by out of status (or close to out of status) people who can still get EAD while waiting for the much more backlogged court dates. As of September 2017, only Los Angles and Newark asylum offices were scheduling more people than new filings for the month (2200s – 1300f, 1300s – 900f respectively), Arlington office was slightly lower (600 schedule – 800f). Other offices’ schedules were far below new filings. If USCIS doesn’t shift resources between asylum offices, Los Angles asylum office will become the fastest to get interview. Newark office may be able to make some progress (move 2 months in every 3 months maybe?) and other offices may not even be able to finish the new filings and just stuck with priority 2 cases. Currently, we may only hope that new affirmative asylum filings decrease to 2014 level so that all Asylum offices can handle new filings and make some progress on the old cases. How things work out may be a little clear in 2-3 months when we are able to see the asylum statistics for the next quarter.
Thanks for sharing interesting details!
Hi Jason,
A week ago I have got a PMB#(personal mail box) for the purpose of getting mails safely and privately. My ID will remain unchanged, does it affect my pending asylum case? I am about to notify USCIS about the address change.
Do you have a say on this, specific if it has a damaging consequences on my case?
Thanks,
Sambod
I do not see why this would be a problem for your case. It is helpful to have a safe mailing address. You might check the instructions to the form AR-11, available at http://www.uscis.gov, just to see what they say about mailing address vs. physical address. Take care, Jason
I didn’t have a good experience with using mail box. The mails related to my Asylum case would never get delivered to me and later on I realized that USCIS doesn’t allow mail box they only need physical address. Maybe you should check with them before updating your address.
Hi sir you used the if you are in status during the comments.can you pkease tell me dhat does it mean that if you are in status your case doesn’t go to court.what does status mean?
Hi Jason,
Any correlation with speedy decisions? I don’t see, what’s your opinion?
Sorry, I do not understand the question, Jason
Hi Jason,
I applied asylum 9 moths back In CA.i got a job in OH.so I moved here on November so I changed the address online.After a month I didn’t get any reply from uscis.So I called Chicago asylum office they said you need to change address by mail.so I did that in January.i sent mail to Chicago asylum office and VA office.After two weeks I called them again.Again they I need to change address sending mail to San Francisco asylum office and Chicago asylum office.And also I wrote a letter to them for change of address and asking I need confirmation .Still now I didn’t know my case is moved.i didn’t get any confirmation for change of address.What do I do now?
I think you should email the original asylum office in CA and ask whether they moved your case. You can also try calling. Once the case is moved, you can contact the new asylum office to see whether it is received. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason I hope everything is going smooth on your side. I have a quick question and your prompt reply is highly appreciated by me.
my wife has to go for finger prints with my son as I added them in my case. the office is asking for photo ID on fingerprint day and my son’s passport is expired and that is the only ID my son has. can we take an expired passport to the office as ID?
Thank you in advance.
The expired passport should work. Take care, Jason
I just wanted to share my own experience, and my own education with a personal analysis. Trying to benefit the audience on this website as much as I can.
1- Thank you very much Jason, you are literally the only lawyer who provided the most accurate answers, and analyzed all possible views of asylum cases. The Asylumist blog is becoming an educational academy more than a blog
2- I applied for asylum in 2013, interviewed 2 times, the 1st time in the beginning of 2016, second time in late 2017. My case remains pending since then. My 99.99% reason of keeping it pending, that my case was transferred to the HQ classifying me unfairly under TRIG reason.
3- I applied for TPS in 2016 (after my 1st asylum interview). My TPS remains pending as well with no answer.
After careful reading for the reasons of keeping TPS application pending. I found that the 2 common reasons A. committed a felony B. Subject to the TRIG bar
Since I have not committed any felony. So my believe that the reason that my asylum case is pending for TRIG, resulted in making my TPS to be in pending as well (as I filed my TPS after the 1st interview)
My point of view. If you have pending Asylum & pending TPS, you need to have a closer review of your statement and interview answers. And you need to be ready. If Asylum denied for TRIG, TPS will be rejected as well. Secondly, you will need to make your best to find good lawyer. Don’t rely on Yelp reviews as I did. My yelp 5 star lawyer destroyed my case. Educate yourself through Asylumist.com, then seek a lawyer help
Good luck everybody. What I did, that I just followed Jason advise in his article “Waiting Is the Hardest Part”. I turned to my God and religion. Otherwise, stress will kill yourself, your family, and your whole life. Forget about it, feel happy, and start planning on some other destination out side of the US. The most important part, that don’t ever show how weak you are. Believe me, no one cares (according to my own experience), don’t seek compassion at all. This is my bottom-line thinking
Thank you for the post. I do think a lot of the people who work in the system care – that is why they work there. They are constrained by the law. Some of the people, of course, do not like immigrants or are not good at their jobs, and obviously the current Administration is extremely and irrationally hostile to immigrants (except Norwegians, apparently). TRIG is particularly tricky, as the regulations are not yet written (and we have been waiting for them for many years). Until then, some people are on indefinitely TRIG holds. There are not too many of those, so hopefully, you are not one of them and you can get a good decision soon. Take care, Jason
Dear Jason, thanks for your timely update for the new policies. Sadly I got my denial letter a couple of days ago from SF office,I am pretty calm and I don’t need any consolation. I wanna move myself and my case to LA within one week and according to the current policy how long do you think I will receive the first master hearing?? I heard the lawyers are forced to speed up the case we ‘ve never seen before.So I mean I don’t need to look for a reliable lawyer soon right??
The current adm has made the asylum system a second hurt to all of us and most of the applicants are either contributing to the country by the hard working or able and ready to potentially become one of them. The invisible wall is even more harmful than the one was designed to build along the border. I cant just figure out why the economy will get its steam even the short of workforce can be surely predicted in the near future.
P.S. Jason you are absolutely awesome person and would you mind telling us your account number even many of us didn’t officially cooperate with you but you are with us in every tough steps and many of us would like to donate to thank you in financial way.
I am sorry to hear it. If you move, you need to tell the court using form EOIR-33 (you can Google it). You can also call 800-898-7180 and enter your Alien number. Push 1, and the computer will tell you your next hearing date (you probably are not yet in the system, but check once a week – that way, if you move and do not get a hearing notice, you will still know about your court date). You should probably get a lawyer sooner rather then later to help with a motion to change venue (to move the case to LA). How long the case will take, I do not know, as it depends on the judge. Most cases we see take between 1 and 3 years, but it really varies according to the judge. Good luck, Jason
Thank you Jason and without you I have nowhere to get the reliable info and advice!! May G-d be with us forever.
I understand the USCIS viewpoint, but after declining the person and sending him to the immigration court, he is still getting EAD right?,
I was interviewed during the current system in June 2014, but I had to wait for a long time and get EAD twice after the interview, not sure if it is gonna work the way USCIS wants it to be.
I doubt this will work too, but maybe they know something we do not. And yes, the person would get the EAD while the case was in court, so in that sense, it may not make much difference. Take care, Jason
Thank you so much for the great article Mr. Jason.
I was in deep depression until I saw your article. I thought I will have my interview in few months but my hopes shattered, waited for more than 2 years, I can only pray for the good outcome.
Thank you Jason
God bless you
Hopefully, it will not be too bad. We will see how things progress over the next few months, and then we will have a better idea. Take care, Jason
Thank you so much Dear Mr. Jason.
God bless.
Hello Jason,
Is this also effective for I-730 cases that filed after Jan 2018? I am currently in the US and do you think I may have interview as well with my I-730?
I think this policy will not affect I-730 cases – they are not interviewed by the asylum office, and so this policy well not change them. Take care, Jason
Hi Jason
I applied for asylum within the first year
and I’m in the status
what will happened if my asylum got denied?
will I be able to file it again or the 1 year bar will be applied?since I will not be refereed to the Immigration court
or you advice me to lose my status so I can go to the IC
I know the present admin. doesn’t care about people got killed if they being deported and the judges may understand this much better
but since I’m in status I can’t retry to file or even see the judge?
If you are denied and “in status”, you will not go to court. Once you go out of status (or soon before), you can file again for asylum. Your case will go to the asylum office and then you will be denied and sent to court. If you are out of status when the asylum office makes its decision, you will be sent to court. Take care, Jason
The second application will be after the one year
Will the one year bar apply?
What’s your advice? Is it to have only the asylum pending status?
There is an exception to the one year bar for people who are in status, so you could re-apply and not have a problem with that. I wrote about the one year bar on January 18, 2018. Take care, Jason
Can you please tell what is meant by that you are in status???
That your period of authorized stay has not yet ended. For example, if you come to the US on a B visa (visitor or business visitor), they typically give you 6 months to stay here legally. During those 6 months, you are in status. For students on an F-1 visa, you are normally in status as long as you continue full time in school. You can check this if you follow the link at right called I-94 locator and enter the info from your US visa (that is glued into your passport with your photo). Take care, Jason
Dear Sir
I applied in Oct 2017 for asylum in USA.and my finger prints too done. As per new law when i think my intervoew will be? Thanks alot for your reply.
Asim
I do not know – if they work from the most recently filed to the oldest, your interview may be soon. We will have to wait to see how the new policy plays out. Take care, Jason
Completely unfair!!!
if this is due to the fraudulent….that’s fine
They could categorized the applicants (fraudulent) according to their countries, and apply this new procedure on them ONLY..
But applying it on all…that’s stupid and non sense
As unfair as this abrupt change of policy is, the solution you are proposing that is based on discrimination is not fair either.
I agree with you Sara… you can’t know which country has the most amount of fraudulent cases.
I agree with Sara. How you came up with that thought? It is a very hard situation for all of us, I totally understand but your thought is weird and unfair.
It is unfair – and it is based on the government’s opinion (false, I believe) that many asylum applications are fake. Take care, Jason
So fraudulent applications are determined by country of origin?Your assumption is incorrect!
I guess Mr Ray meant that every application is fradulent except for the one filed by applicants from Norway.
I hear Norway is very dangerous – beware of Vikings and trolls…
😂😂😂
😂 and Ray’s application!
so funny of you TINA, dont worry about me, I did my interview, so I am not affected by this…
At least my suggestion will apply “this unfair procedure” on less applicant, so it is just like you cannot help all, at least help some of ….
I think SARA is stupid enough to call this (discrimination)……you guys laughing at this and people in needs are suffering and will suffer much more….shame on you
Did someone just ALL CAPS my name?
Hey, RAY. When you favor one group of people over the other for whatever reason, it’s called discrimination. If anyone has exhibited stupidly here, it sure isn’t me.
Now I understand that English is not everyone’s first language on our beloved blog, but some reading comprehension would go a long way.
P.S. If you want a forum to bicker on, may I suggest an expecting mothers’ forum? These ladies are feisty when they’re done talking about how many pickle jars they went through in one day.
Typo: Stupidity. Stoopiditee.
Along with the new one they will interview the older ones side by side?
That is not my reading of the new rule. They will interview the newest cases first, and then (hopefully) get to the currently-pending cases. Take care, Jason
but Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings.
it looks like oldest pending cases will stay still?
I think we need to wait to see what they mean by this. But on its face, that seems to be what they are saying. If so, it is particularly stupid. Take care, Jason
There will always be new cases, so how do they advance to old cases?
I think they’re expecting the revised policy to significantly lower the number of people seeking asylum here (new applicants). Just my thought.
Good question. We will see how this new experiment works out. One thing I am pretty sure of, it will not prevent any fraud. Take care, Jason
Hi Jason.
1. Is it still save to fly inside the country with DL/ead?
2. If i applied in May 2015(Arlington), do i have to wait more?so instead of 1 year to go(acording to sched.bul.) i have to wait at least 2,5? Can u explain this to me? So now they schedule all new and after they go backwards? 2018,2017,2016 and etc.?
Unfortunately it looks like that now.
1 – It should be. I have not heard about any problems for such people, as long as they do not have a criminal record. 2 – The schedule is eliminated, and it is not clear how long you will now wait. It may be that cases will move more quickly, since they have changed priorities and unaccompanied minors will no longer get priority over “regular” asylum seekers. Take care, Jason
Jason,
I know that neither you nor anyone else would know what’s coming next considering this new rule, but just as a matter of theory – since Trump’s administration is clearly against immigrants, would it make sense to further change the law and not let approved asylees apply for permanent residence after 1 year as it was before? I wonder as I keep reading stories about asylees getting denied a green card for no obvious reason, as if they’re preparing grounds for this change, too…this would I assume discourage future asylees from applying…
Are you aware of any asylee that has been denied a green card recently?
I am not, but I am aware that USCIS is treating such applications more strictly – I wrote something about that on November 13, 2017. Take care, Jason
Trump can’t increase the waiting time for an asylee’s green card. That’s set by statute. If Trump tried to change it b himself, the courts would smack him down hard.
But the order that cases are interviewed in is pretty much up to the executive’s discretion; statute says everyone should be interviewed within 90 days, absent exceptional circumstances, but several hundred thousand applicants is apparently pretty exceptional.
I meant 45 days.
Yes, basically every application was “exceptional”. I suppose that is a compliment of sorts. Take care, Jason
It could be. At one time, I think only 10,000 asylees were allowed to adjust status (get a green card) each year. Maybe they will try to go back to that system, but I believe that would require a change in the law, which requires Congressional action. Take care, Jason
thank Jason
Just wondering if they goverment is going to.make some sort of decision regarding immigration court…
They are trying to hire more judges and force judges to make decisions more quickly. I wrote about that on December 19, 2017. The judges are not happy about it. Take care, Jason
Hello Jason!
Hope you are doing well. I know you are not a tax specialist but I was wondering if you know if asylum seeker are exempt from social security tax and medical taxes. I know other non resident immigrants like F 1 visa holder are exempt but i dont know if that extend to asylum seekers as well. Thanks very much
I would like to know the answer for this question as well. I’ve been working in the USA since 2013 and I’m also waiting for my asylum interview since 2014. I’ve been paying Social Security taxes, Medicare taxes as well as Federal and State Taxes. What if the USCIS denied my asylum request and send my case to the removal process, and then I’ll move to another country, would I be able to get a refund for Social Security Taxes and Medicare taxes that I paid every year? Thank You
Asylum seekers are not FICA tax (Social and Medicare Tax) exempted, unless other cases, but I am sure you can file tax return if you leave the US.
Thanks for your input
You are welcome, we asylum seekers gotta watch out for each other, we are literately on our won now…
You would have to talk to a tax expert, but I highly doubt you will get a refund of your taxes if you leave the US. Take care, Jason
A bonus tax return of some sort? 😀Just kidding.
Jim
While there are provisions in tax code for some of the F and J status visas there is no provision for asylum seekers. They are treated like everyone else. The benefit of working under a social security number compared to a tax ID number is a much better tax scale.
Thanks much, that helps.
Sorry, do not know about taxes. You would need to talk to a tax preparer. Take care, Jason
I needed a minute to put my thoughts together. As of last available statistic from March 2017 for asylum workload USCIS received 16,404 affirmative asylum applications. Out if those they only completed 4,621 cases.
From what we know USCIS did not hire more Asylum Officers within the past year. So even if we assume that currently let’s say USCIS receives only 10,000 affirmative asylum application per month, they do not have the ability to complete more then and I’ll be generous here 5,000 cases per month.
So the cause effect of the new policy will be a backlog on top of an exhisting backlog.
Before the change in policy USCIS for most of it’s offices was interviewing cases that were filed about 26 months prior.
If the current trend continues there will be an additional backlog of 60,000 cases by February 2019.
What also does not make any sense is the fact that even if the case is scheduled and interviewed within 21 days and the decision is made within the next 30 days and the case is denied and therefore referred to immigration court. Currently the immigration courts are scheduling master hearings for new referred cases for November of 2019. Thus the applicants will still be able to apply and obtain their employment authorization. Because their asylum clocks will not stop earlier than November of 2019 and only of they refuse the first available date given to them by the immigration judge for their next hearing.
What is extremely sad about this change in policy is the fact that it will not achieve the goal of preventing fraudulent asylum cases filed only with the intent of obtaining work authorization. While the cases that are currently pending will not be interviewed for a very long time. So the so called fraudulent cases that are part of those pending cases will get to stay and work here for even a more longer time because of the USCIS policy change.
Michael Sarkisoff, that’s not how it works. If your case is denied and you are in status, the case isn’t referred to court. If you are in status and your case is denied, you aren’t eligible for EAD. You can appeal the denial. I think you have 30 days to do so. USCIS would then review the case and whatever additional information you submit. If your case is denied after the appeal, you have no more appeals and you would have to leave.
With that said, the only way what you said would make sense is if the applicant went out of status before he or she filed the application for asylum, and USCIS made a decision before the 150-day before you are eligible to apply for the EAD card. Considering that they are aiming to make decisions before the 150-day before the applicant is eligible to submit the I-765 application, a lot of people will end up not being eligible for employment authorization. I think this is the strategy USICS is trying to use to discourage people from applying for asylum.
Correction: It would work is if USCIS DIDN’T make a decision BEFORE the 150-day period.
Jamie
About 90 percent of affirmitive asylum applications are filed by applicants who are out of status or entered the country without inspection.
The ones that are in status at the time the decision is made get the Notice of Intent to Deny NOID letter and they have 30 days to respond.
But that is not the major point as far as why this new policy does not make it harder to file a fraudulent asylum claim.
Considering that a vast majority of non immigrant visas are B1/B2 and the allowed length of stay is no more then 180 days. If the applicant was to use the system the applicant would simply wait and apply the day their status expired or even 21 days before.
If an applicant wants to file for asylum strictly to use the system and obtain work authorization the applicant will still be able to do it as long as the applicant files when he/she is out of status or about to be.
Yeah… because if they are referred to the Immigration Court… due to the case load, they will only get a formal hearing most likely after 180 days… if you count appeal time, well….
I think they will make some changes in the court hearing as well.
If you are right, I doubt that strategy will work. If asylum seekers are denied (because they are in status), most will re-apply once they go out of status, and then (after the asylum office wastes time with the case), the case will go to court. The over-all effect will be to delay the EAD for certain asylum seekers, but I doubt many will be deterred by this. Again, we shall see. Take care, Jason
I totally agree with you and reckon that, that is USCIS intent. As most of people have a 6 -moth stay, I am here referring to visitors(B1/B2) visas, and if they know that they would never get employment authorizations in the event that have fabricated cases and USCIS decides their cases in less than 2 months while they are in status, I assume that they would never want to stay in this country after they are denied asylum. From that experience, they will most probably spread the news and discourage those coming to this country with the intent to seek employment.
However, as asylum officers are not gods, they may deny asylum to those who are in dire need of it and who should be granted asylum but grant it to adventurers. In this perspective, I see pros and cons in all this.
Thus, this makes me remember the time I was in this country without employment and as my government seized all my money, I used to hitch hike, go without food for days. The only solution to my problems was committing suicide as it was impossible for me to go back home. But from the time I got an employment authorization, I have been forgetting my pains, sorrows and all the properties I left back home.
In my opinion, if that is USCIS intent, I think only stupid people would want to come to the US if they do not have strong cases and live here without any US issued IDs. The way I view it, the US will soon change in Europe where they check IDs everywhere and whoever is caught being illegally in this country bill be deported
This is just my thinking and I can be wrong though
I am not sure that the numbers will work out that way. I think the 4,621 cases does not include interview of unaccompanied minors (I could be wrong about that). Since that group is no longer a priority, they may be able to interview more “regular” affirmative cases. Even so, I agree that there is no possibility that the asylum offices can keep up with the volume of cases coming in. I completely agree that this new policy will do very little to block people from getting EADs – it may shift some cases to the courts, but of course, that will just cause more delays in court. Take care, Jason
Hi Jason,
Firstly, thank you so much for all you do on this page, I’ve been a silent reader who has enjoyed gaining knowledge from you. My question is this. I applied the 22 jan and got a receipt 24th jan this year. Where do I fall in the new rule? Thank you.
My guess is that you will not get a fast interview, but that is not entirely clear. To be on the safe side, I recommend that you prepare for your interview, just in case you get the interview soon. If you do get it soon, please let us know, as that will help others. Take care, Jason
Hi Jason,
When reading the news yesterday the first things came to my mind was YOU, Waiting to hear your say on the new order.
For now I would say thank you for the holistic job you are doing. I do feel you are here not for business but being like a Philanthropic and passionate for helping needy. God bless you!
Thank you so much for your continued day to day enlightenment of what’s going in the asylum office. You’re a miracle to Many.
hello Jason
Thank you for your writing, there is a chaos on every side and nobody knows what this new situation will bring.
I applied for my office in the month of December 2016 and was waiting for the interview date.
How do I get impressed with this new situation?
Just like me, when will they call us(2016 apply for asylum)
Thanks for your response.
Would you make a comment for those like me?
We do not yet know how this will affect people in your situation. Maybe the fact that unaccompanied minors are no longer a priority will mean that other cases, like yours, will move more quickly. We will see. Take care, Jason
So this mean if you filed 2016 you now have to wait longer for interview
it depends if have applied in felorida jurisdiction, you may be interviewed much faster. if have applied for example, in san fransico it might take longer to process your case.
I do not know if one office will be faster than the others, and at this point, there is no way to know. We will have to see how things progress. Take care,Jason
Probably, but in reality, that is not clear – if unaccompanied minors are not given priority over regular asylum seekers, then you might actually get a faster interview under the new system. Only time will tell. Take care, Jason
Thanks for shedding some light on this new development, Jason. Bye Bye Love is still playing in my head as I’m typing this.
So do you think the 21-day priority will only apply to applicants who send in their applications after Jan. 29th, or will it apply to applicants who may have filed before that but whose receipt date is after Jan. 29th?
I was thinking yesterday if this latest announcement is linked in any way to our fellow blog followers who were reporting that their interviews were being scheduled promptly and not in accordance with the backlog.
It seems like there’s some connection there, as I’m doing a little research online (will not post a link):
“Several Miami lawyers told [publication name withheld] that some people who submitted asylum requests in the last quarter of 2017 were surprised to receive USCIS notices scheduling interviews for January.
“All the applicants processed so quickly were Venezuelans, said Elizabeth Blandon, president of the South Florida chapter of the Asylum Committee, which is part of the American Immigration Lawyers Association.”
I’m not sure if I remember correctly, but I believe one of these fellow Asylumists mentioned being from Venezuela.
It looks like they may have started implementing the policy on a smaller scale already, before making the formal announcement.
Hey Sara
I’m Venezuelan, and I filed my asylum in Aug 2017, my sister did so on September, we are currently waiting for an interview (due to these new rules)
So far, nothing for us, but I’ve been hearing about a lot of Venezuelans who filed asylum on December and January and will have (or have had) their interviews recently. So you may be correct.
That’s interesting, Carlos. So they may have already been making changes, just not informing us of them.
I hope you and your sister get your interviews soon. The same article that I read this on said that approval rates were not affected, and that many Venezuelans who were interviewed within a month from filing have already gotten recommended approvals.
What is strange about this is that it could not happen without someone, somewhere, issuing an order to the asylum officers. But we have not heard about any such order. There are other country-specific issues that I have noticed, but again, I have never been able to find evidence of any order being issued, even though I have asked some officers about it, they seem to not know. Take care, Jason
Maybe – different offices have different policies. It would be nice if they just explained themselves, so people (and their lawyers) could plan ahead, but that seems unlikely. Take care, Jason
My understanding (from talking one asylum officer) is that it will affect people who have filed on or before January 29. Such people should prepare for an interview. I wonder whether this policy means that people whose cases are not interviewed in 21 days will see their cases disappear into the backlog, as we saw prior to December 2012. We will know soon enough. Take care, Jason