The indefatigable folks at TRAC Immigration have issued a new report about our nation’s Immigration Courts, and the news is not encouraging: Overall asylum denial rates are the highest we’ve seen in almost two decades. As always with asylum numbers, things are not quite so simple, so let’s take a look at what’s going on.
Fiscal Year 2018 (which ended on September 30, 2018) was noteworthy for several reasons. First, the asylum denial rate reached 65%. This caps a six year trend of increasing denial rates and represents the highest rate of denial in 20 years (between 1986 and 1999, denial rates ranged from 68% to 89%). In some ways, the news from FY2018 is worse than the average denial rate indicates. If you look at TRAC’s month-to-month chart, you can see that denial rates spiked between June 2018 and the end of the fiscal year. Thus, in the last few months of the fiscal year, denial rates were pushing 70%.
A second way that FY2018 stands out is that Immigration Courts adjudicated more asylum cases than any prior year: 42,224. This figure represents significantly more decisions than FY2017 (30,253) or FY2016 (22,318). Indeed, this is the most asylum cases decided in any one year since at least 1986 (I could not find data older than that).
Despite the higher denial rates, there is a silver lining to the news from FY2018: In absolute terms, more asylum cases were granted in that year (14,200) than in any previous year (in FY2017, courts granted 11,591 cases, and in FY2016, they granted 9,714 cases). Of course, the only reason so many cases were granted is because courts are adjudicating record numbers of cases overall. But these days, we takes our good news where we gets it.
These figures raise an obvious question: Why are denial rates so high?
One factor that is (probably) not to blame is the availability of help from lawyers. For the first time since FY2013, representation rates are going up. When people are represented, they are statistically more likely to win their cases. For example, in FY2016, asylum seekers without lawyers were denied 90% of the time; those with lawyers were denied only 48% of the time. While I think this disparity exaggerates the benefit of lawyers (because people with weak cases are often less likely to have representation), it is still pretty clear that having an attorney increases the likelihood of a successful outcome. Given that more people are represented these days, the increased asylum denial rate is likely not caused by an absence of legal council.
A second reason that I suspect is not to blame are the new Immigration Judges hired since the Trump Administration came into office. Since January 2017, the Executive Office for Immigration Review has significantly expanded the number of IJs nationwide. Most likely, this accounts for the increased number of decisions, but we don’t yet have data on the “Trump” judges’ denial rates. My guess is that the statistics for these new IJs will not differ very much from their more senior colleagues. I could be wrong here, but at least in my experience, the new judges do not seem any tougher than the judges that we have been dealing with for years. Perhaps as they gather more data, TRAC will issue a report about this (and maybe I will be proved wrong – I will be curious to know the answer).
One likely candidate for the increased denial rate is the case Matter of A-B-, 27 I&N Dec. 316 (AG 2018), which was issued by then-Attorney General Jeff Sessions this past June. The decision made asylum more difficult for people fearing harm from non-state actors, in general, and for victims of domestic violence, in particular. After Matter of A-B- was issued, there was a corresponding uptick in asylum denial rates. Even before Matter of A-B-, however, asylum denial rates had increased since the end of the Obama Administration (and indeed, they have been increasing since 2012). This increase might reflect less significant developments in immigration case law, as well as the cultural shift that I imagine accompanies any new Administration (and especially an Administration so openly hostile to non-Americans).
When considering asylum denial rates, one important point about A-B- is that the case is limited in scope. Certain aliens–especially people fleeing domestic and gang violence in Central America and Mexico–will be disproportionately affected, but others will not be affected. Given that a large percentage of asylum cases involve Central Americans and Mexicans, a case like A-B- has a visible impact on overall denial rates, even though the impact of the decision is limited to certain types of cases. This means that while changes in the law have affected the denial rate, that effect is an “average,” and how a particular case is impacted depends on the facts of that case.
Another contributing factor to the higher denial rate may be that more long-term residents are coming into Immigration Court. This happens because the government is aggressively pursuing aliens without lawful status. It also happens because the Asylum Offices are identifying people who have been in the U.S. for more than 10 years, and trying to refer them to court.
Aliens who have been present in the United States for more than one year are often ineligible for asylum due to the one-year filing bar. There are exceptions to this rule, but it is generally more difficult for such people to win their asylum cases. Many people in this position file asylum as a last-ditch effort to remain in the United States. My guess is that as these long-term residents start to receive decisions, many will be denied, and this will contribute to the overall increased denial rate.
We’ll have to see whether the current trend continues. These days, government officials are looking for ways to make asylum more difficult, but they are limited by the law, and so it’s not clear how much higher the denial rate can go. When thinking about denial rates, it is important to remember that certain cases–Matter of A-B- cases, one-year bar cases–are probably driving the increase in denial rates. Other cases are less affected. Either way, the environment these days is not easy for any asylum seeker, and so it is more important than ever to gather evidence and present the strongest case possible.
Hi Jason,
Is it possible for a person who was born in Colombia to apply for asylum? My family moved to Venezuela when she was 3 years old and live in Venezuela since (47 years ago). My brother is a doctor who was jailed by the SEBIN because he was helping ABC news with a documentary. Now my whole family has been persecuted because of this. She wants to apply for asylum but somebody mentioned that it is not possible because she was born in Colombia. Is this true?
Anyone in the US can apply for asylum. However, if the person is a citizen of Colombia and Venezuela, she will have to demonstrate a fear of return to both countries. If she is only a citizen of Venezuela, she might need to show that she never had Colombian citizenship, or that she lost that citizenship, even though she was born there. If the US government thinks she is a citizen of some country other than the place where she fears persecution, she needs to show why she cannot return to that third country. Take care, Jason
Hi,
After waiting for over a yr and 1month, and checking the case status link, I just open with my case # and saw that it says” the next stage of your case is an in person interview and the date for the interview will be mail to you”.
From your experience, how long will they take to send me the interview mail with the date?
Besides getting ready for the interview, what should I be expecting before and after the interview?
With the current situation of fight against asylum seekers, fear of ICE arresting people at interviews Even without any criminal record, what do you think may happen or may not happen when I am going for the interview and at the interview?
Will they question my thought of going to school while waiting for interview? Or have problem with me applying for student aid or with me applying to go to school even if I can pay or get other help to pay for my schooling?
Will any decision to be made on my case have any link to my been in school? My School start tomorrow.
Also I have a new job in a different city but with the same state. Am planning on moving ASAP due to the cost and risk of traveling each day to work. There are other relatives stay in the house am leaving from. Do I need to change my address now or move and wait for the interview mail to come, after the interview I can change my Address? I have paid for my new place and hoping to Move ASAP. What is your advice, Sir?
If you applied a year ago, your case is in the backlog. Different offices are dealing with the backlogs differently, but I doubt you would have an interview any time soon. You can try to expedite – I wrote about that on March 30, 2017. Once you have the EAD, you should be able to attend school. There may be money available, but I do not know. The school should have an office to help with fellowships and scholarships. I do not think you need to worry about ICE, as long as you do not commit a crime, since you have a pending case and are legally allowed to remain here until it is done. If you move, and the move is permanent, you should change your address (form AR-11, available at http://www.uscis.gov). If the move is temporary and you keep your old address and can get mail there, it may not be required to change the address. Take care, Jason
[…] It’s Getting Harder to Win Asylum in Court, at Least for Some Applicants (The Asylumist, Dec. 2018) [text] […]
Hi Jason can you let me know if the government shut down does affect our asylum in applications in the sense does it get delayed for us to receive a letter of interview or does it have nothing to do with immigration courts please advise
The asylum offices are not affected (at least not at this time). Immigration courts are open for detained cases. However, Immigration Courts are closed for non-detained cases. If you are not detained and you have a case in Immigration Court, that case will be canceled and rescheduled to another date. Take care, Jason
Hello Jason,
Happy new year. Thanks for all your efforts on enlightenment and the moral support. It is highly appreciated. I have two questions, our work authorization will expire is the next 6 months while our case is still pending; there are 3 of us my wife, our 3year old kid. I. Can we still apply for work authorization for our kid again along with ours considering the fact that he can’t work for now. We only applied for him initially in order for him to receive his social security. ii. Can we apply for the document on our own without involving our lawyer since it can easily be done online. Thanks in anticipation of the reply.
Regards.
Most people do not apply for a child to renew the work permit, as much as we might hope our kids will get jobs and start supporting us. You can also do it on your own, just be sure to read the instructions carefully and include all necessary documents. Take care, Jason
Happy new year Jason. Does uscis accept recent birth certificates and do they question how you were able to get one from your country of persecution?
They accept them for certain purposes, but if the birth certificate was not created when you were born, they will probably request additional evidence, such as school records, letters from people, etc. It is very annoying. To me, the best evidence that you were born is the fact that you are here now. Take care, Jason
Thank you
Thanks for all you do and support .I got a letter referring me to appear in immigration court I had my interview in March 2017 , I applied to the ombudsman in April 2018. Ombudsman responded in Dec 2018 that they have sent my case to Uscis and now I receive a letter that my application was not granted but I should appear before an immigration judge. But there is no date on the letter. Just the address of where. What next steps actions do you advise please. Tnx
You should find a lawyer, as that is important for a court case. Also, there may be an issue with the case if there is no date and time on your Notice to Appear. You would have to ask the lawyer about that. You can call 800-898-7180 and enter your Alien number into the computer system. Follow the instructions and it will tell you your next court date, if any. While the government shutdown continues, there is Immigration Court (except for detained cases), so your case may not be scheduled until the shutdown ends. Take care, Jason
I put my alien number in the 800 number but says there is nothing in the immigration court. I sent your office an email.
It probably means that your case is not yet on the docket. You might have to wait until after the government shutdown for that to happen. Take care, Jason
Happy new year Jason with all of your family. Thank you for being you an inspiration and a “therapist” for me! Wishing you all the best in the new year.
Happy 2019 to you! Take care, Jason
Happy New Year to all.
I haven’t been around in couple of months, but glad to see everyone is trying to help here , especially Jason.
My HC is scheduled for March this year in NY.
Today, a friend of me had a court(based on marriage), but unfortunately is set for another day(he don’t know when) , because of the government shutdown.
My question is: is this thing going to hurt every single court cases in next months!!??
I really appreciate your help Jason.
My understanding is that all non-detained court cases are cancelled during the shutdown. They will be rescheduled once the government re-opens. Detained people who have court will proceed normally. Hopefully, the shutdown will not last too long. We will see what happens tomorrow, once Congress comes back into session. Take care, Jason
Happy new year Jason and family
Thanks very much for being there for us. May the good lord richly bless you.
My question is, does the government shut down also affect the waiting time for asylum seekers . For instance I filed for i730 does the shut down affect cases like this?
Thank you.
USCIS, including the asylum offices, are funded by customer fees, and so there is currently no effect. However, if the shutdown drags on for a long time, maybe that will change, but for now, everything is normal. Take care, Jason
Thank you Jason
Hi Jason,
Happy new year and thank you for your posts.
My wife and I have two seperate stories of persecution based on our religoin in our home country. We are going to apply for asylum. Which one is the most beneficial choice for us?
Apply seperately as two asylum cases based on two seperate stories and include each other as dependent?
Or
Put two stories together and apply as one asylum case? (One of us as pricipale and the other as dependent)
I already know both options are doable and need different ways to apply.
Thanks
Filing two cases can create a bureaucratic issue, as the procedure for filing is different for a dependent than for a person who has never filed. In my office, we normally file only one case and include all the info in that one case. However, you would probably do well to talk to a lawyer about the best approach, as maybe there is a reason to file two cases. It really depends on the specific situation. Take care, Jason
Hi Jason:
Happy New Year!
Dear Joson, I changed my address but I haven’t received any confirmation back. Can you please guide that to where should I email in order if they can confirm it to me.
Thanks,
There is no confirmation, so you should keep evidence that you changed your address (like a copy of the AR-11 form and mailing or emailing receipt). You can contact the asylum office directly (assuming your case is at the asylum office) to ask if they have your new address. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
I actually received a confirmation letter from the New York office approximately two weeks after changing the address. It didn’t happen years ago when I moved the case from Arlington to New Jersey, though. Probably confirmation letters are coming from certain offices only.
Thank you – We don’t get them from Arlington, except sometimes when we contact the asylum office directly. Take care, Jason
Happy new year to you Jason, and everyone on this blog.
I hope the new year brings hope and more asylum grants.
Thank you – Happy New Year to you too. Hopefully, this year will be a good one for you. Take care, Jason
Thank you, Jason.
Hi Jason
First of all, thanks a lot for all valuable information and insight. It is really helpful for people to find simple answers to complicated questions. Could you please share your view in my case? I am not confident with my lawyer so I need your expert opinion.
My asylum was denied 1.5 years ago after pending for 2 years and since I was in status, I got a final denial. My attorney filed my new asylum application 2 months back with new evidence and testimony from eyewitnesses and now I am out of status. I had few questions regarding the asylum EAD filing timeline and handling of my case.
1) Do I have to pay EAD fee this time for initial EAD or would it be free like the first time when I first filed my first asylum case which was denied?
2) Do I have to wait 150 days or can I file for EAD immediately considering how USCIS takes my new application with new evidence as a continuation of my old case or as a new case? I am not sure if uscis will consider my case as new or old for EAD filing timeline?
Hi Roger,
Could you please tell me how long after interview you got NOID/final denial?
Thank you and have a good day
My interview was on Jan 17, got NOID after a month and final denial beginning of Sep 17.
1 – I believe that this would be considered a first EAD based on asylum pending (since it is the first EAD based on the current asylum case) and that you do not have to pay the fee. I would double check the instructions to be sure, though they may not tell you much. Maybe the regulations related to EAD would be more helpful. 2 – Again, I believe you have to wait 150 days since the EAD will be based on the current application. You can double check the regulations on this point to be sure (assuming you can find anything there to guide you), but I think this is correct. Take care, Jason
Thanks a lot, Jason and Happy New Year!
Can you please tell when can I file for EAD as I see a lot of conflicting information that tells me that I can file it after reaching 150 days and some say I need to file after 180 days?
Which one is it?
One more questions.
When I first filed my asylum which was 2 years after my arrival, they raised the 1-year bar but when I said I have maintained valid immigration status, they dropped the 1-year bar. When my case was pending for 2 years, I was only on pending asylum status. Recently, I also applied for TPS based on my country and it is pending(before final denial). So, do you think USCIS might raise the 1-year bar to me in my second application? If they do, what would be my best defense?
There isn’t a single day where I was illegal, it was from F1–>Pending asylum–>Pending TPS–>Asylum final denial(while TPS)–>New asylum application(while TPS which I will withdraw soon after receipt of my new asylum case so that I can defend in court).
I think TPS is considered “in status” for purposes of an exception to the one-year bar. You should double check that, but I think you are ok. Of course, make sure to submit evidence to show the “chain” of statuses to prove that you were always lawfully here until you filed the current application. Take care, Jason
If it is a first time EAD based on asylum pending, you can file after 150 days of submitting the I-589. The asylum clock must continue until 180 days for you to actually get the EAD (in other words, you cannot do anything to stop the clock – such as postpone an interview – because if you do, and the clock does not reach 180 days, you will not get the EAD). Take care, Jason
Hi jason,
Happy new year, the reason why i’m positng here not because i have question but i want to point to a hidden area in the asylum process and see if any legal group or US officials could take take the lead on this.
I have seen asylee taking thier asylum approval after 6 month or less and people taking asylum after 6 or 7 year or more ( i have been staking in this process for almost 5 years and i’m pretty confident it’s matter of time to take my approval) but what’s the difference between these two asylees categories? (The short answer, their cases complications , the countires they flee from) so it’s a process waekness.
Let’s assume people who got asylum after 5 years take all the way toward their citizenship in another 6 years totaling 11 years after filing asylum while taking 7 years for people who came after jan 2018 and get selected by LIFO system, so why goverment doesn’t count the pending years for asylees (approved ones) who got stuck in the asylum process due to all points i mentioned above? So in this case no one would care about the pending years since eventually they would be considered toward their PR years.
It is a good thought, but in order to “count” the waiting time towards citizenship, the law would need to be changed. This requires the cooperation of the Congress and the President, and so I do not expect any such change anytime soon. Take care, Jason
Happy new year Jason for you and your family ! you are my inspiration ! Have a successful year !
Thank you – Have a great New Year, Jason
Hi Jason.
I have not had an interview over a year. I had been in the US for almost 2yrs now. Though My visa got expired, My passport, SS card, Laptop, and other things in my back bag got stolen from my car. This pain and worried me a hold lot. However, I was afriad to go to the police but I did because I had no choice for the fear of been question like ICE would do. I got a police report for all those things that got missing.
Will this have any effect on my pending case positively or negatively? Do I have to get another one, though it is costing almost 850 to travel to the embassy here in the U.S. and get the new passport? Am also afriad of questions they might ask me to make me afriad. what Can I do?
Lastly, at the interview, will they compile me to show the passport? Or Will this passport have and hold on my case? Am confuse and worry eight now. What do I do? Do I have to get a new one before the interview.
Normally, they do ask for a passport. But if you do not have one, and cannot easily get one (or you are afraid to get one due to problems with the home government), you do not need to present the passport. You can submit a copy of the police report to the asylum office as evidence about what happened. You should be able to replace the SS card and the work permit, though you will have to pay the fee for the work permit or request a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason
When my spouse is in my country and am in the US, can she apply for a visiting visa to visit another relative or a friend? Will she be given it?
Also, can I go to school to get a degree by applying for FAFSA, I was accepted by the University to do my MSC Degree? Will this have any effect on my asylum case positively or negatively?
She can try to get a visa, but she will have to reveal that her husband is in the US, and so it will be harder for her to get a visa. If she lies and says that her husband is not in the US, that could also create problems, since her name was probably listed on your I-589 form and so they may know she is lying. I do not know what FAFSA is, but I have never seen a person’s schooling or a scholarship affect the outcome of an asylum case. Take care, Jason
KAE,
FASFA, as you may know, is the Free Application for Federal Student Aid. This is a form that college-bound individuals (graduate and undergraduate) fill out so a determination can be made as to whether the student is eligible for federal student aid.
According to https://studentaid.ed.gov/sa/eligibility/basic-criteria, there are basic eligibility criteria that must be met before one qualifies for any kind of federal student aid/loan. You must be a US citizen. If you are not a US citizen, you must be one of the eligible non-citizen listed as follows:
-US permanent resident (valid “green card” holder”)
-Refugee (admitted as)
-Asylee (granted asylum)
-Cuban-Haitian Entrant (Status Pending)
-Conditional Entrant (valid only if issued before April 1, 1980)
-Victims of human trafficking, T-visa (T-2, T-3, or T-4, etc.) holder
-Parolee (You must be paroled into the United States for at least one year and you must be able to provide evidence from the USCIS that you are in the United States for other than a temporary purpose and that you intend to become a U.S. citizen or permanent resident.)
Coupled with the above, you must have valid Social Security number and maintain satisfactory academic progress.
It seems, from the information gleaned, that asylum applicants are not eligible for FASFA. Asylum applicants can, however, get state and city grants, loans, scholarships, aid, etc.. You must check with the university’s office of financial services/aid, or office for international students, so they can advise you further on your available options.
Hope this helps.
Thank you – This is helpful. Take care, Jason
Hello dear Jason and asylumist forum,
I don’t have a question. I know Jason did help to too many people in this forum including me. I kindly let you know that I have just made a research (took couple of hours) about Judges that appointed by Session (Trump government) since January 2017 – found them on justice.gov and compared their approval/denial rates on TRAC, with Judges that appointed during Obama term. I found out that it does not matter (around %90) if they appointed by Obama or Trump. Their correlation depends on the States they appointed. For instance, If there are 2 Judges that appointed ( 1 by Trump and 1 by Obama) in San Francisco or New York, which is higher approval rates than other states, their decision rates almost same to each other. That is same in other State that has lower approval rates.
Please enlight us about this Jason. What do you think? Thank you. Best wishes.
I would have to see the data to say much, but this is about what I would have expected based on my own anecdotal experience. The problem for Trump is that judges appointed to the position are not usually political hacks or partisan ideologues. Rather, they are people who take their jobs seriously and who try to follow the law. Such people will usually grant asylum where they think it is appropriate, and deny where they think it is appropriate. They will not implement a partisan agenda. It seems your examination of these judges bears that out, which is somewhat comforting in these very partisan times. Take care, Jason
Thank you for your feedback Jason. I believe everyone all asylees and attorneys that they want to see Judges that they take their job serious as they follow the law as you mentioned, not as a partisan. That will help to people who have really serious and real cases that needed to be approved.
Dear Jason
Are denials a normal thing nowadays and how do the clients cope with such emotional stress?
Denials were always a normal thing – denial rates at the asylum office have always been above 40%, even in the best of times. Different people deal with it differently, as you can imagine. Unfortunately, the asylum process itself is very stressful, and people are suffering due to the process. Take care, Jason
Hi Jason,
Do asylum office do denials on asylum cases ?
What is the difference between denial and referal
Asylum Offices can deny cases – if they are not going to grant the case, and the person still have some lawful status (like H1b, for example), they will deny the case. If the person has no other lawful status, they refer the case to court. I wrote about this on February 21, 2018 and March 7, 2018. Take care, Jason
Happy New Year Jason!
Thank You Sir once again for all that you do for all of us desperate Asylum seekers!
Jason, one quick question please:
two family members filed for EAD at same time, two checks were cashed, but only one family member received the receipt from USCIS.
Is it a problem? it is been three weeks of waiting for second receipt…
Thank you so much
It is probably not a problem. If you can get a copy of the check from the bank, USCIS should have stamped a receipt number on the back of the check. You can use that to track the case online (at http://www.uscis.gov) or to contact USCIS for help. It is pretty common that cases filed at the same time are processed differently, and so it will probably be fine, but maybe you can get the check from the bank and see if you can find out the case status that way. Take care, Jason
Thank you from the bottom of my heart!!
Again, Happy New Year!!! You are the best, no one is like You Jason!!!!! Happy, fantastic New Year to you and your dear ones!!!!
Hi, Jason! My master hearing is scheduled to December 2021, but my passport (from my country) will expire in 9 month. So if they decide to deport me, I will have on hand only expired passport, and will need to contact my country consulate, which is highly undesirable in my case. Is this a reason for expedite master hearing?
Maybe – you can ask based on any reason. Sometimes, the judges can accommodate a request like that; other times, they cannot, but there is no harm in trying. I wrote about that issue on April 20, 2017. Take care, Jason
I will not be preparing for deportation. If you are seeking asylum because you faced harm, why is “preparation for deportation” an option? What has changed?
I will not ask to expedite just incase I get deported.
Just saying.
Blessings.
Hello Jason if my asylum case is denied and I leave the country can my US born son sponser me once he will be 21+ will the denied asylum case will effect my case if my son sponser me in the future?
The son can sponsor you once he is 21, and generally, a denied asylum case will not block that. However, if an Immigration Judge (or any other decision-maker) determines that the asylum case was frivolous (or fake), then you will be barred from all immigration benefits, including family sponsorship. That is pretty rare. You should talk to a lawyer though, as you may be barred from returning to the US if you leave, and you may be able to get your GC in other ways if you have a US-citizen child (for example, Cancellation of Removal). I would look into that before you do any court case or make a decision to leave the US. Take care, Jason
Thank you for the answer. My son is 9 years old, can we still apply for cancellation of removal having a US born child?
There are other requirements as well – including that you have been in the US for 10+ years before your case is referred to court and that your child will suffer extreme hardship if you are deported (and other requirements too). Talk to a lawyer about that and maybe you are eligible. Take care, Jason
Hi Jason,
I was referred to court have my date also the court . Tried the online number for the court information . I received my letter 2 weeks ago
The response is my case has not been filed with the immigration court
The courts may now be closed due to the government shutdown (I am on vacation, so I haven’t been tracking this too closely). Even if they are not closed, it takes a few weeks for a case to be scheduled for a court date. Check the phone number (800-898-7180) every week, and my guess is that you will have a date scheduled soon, assuming the government shutdown ends. Take care, Jason
Hi Jason,
Thank you for helping all of us here. I recently had my affirmative interview 12 days ago and was told to pick up decision in 2 weeks. I received phone call from asylum office yesterday and I was told that they will mail the decision. My interview went smooth and I am not sure what to make of this delay in decision?
Do you know recent average waiting time for decisions that are to be received by mail.
Happy New Year!
This is common – more than 50% of my “pick up” decisions get changed to “mail outs”, and I imagine it is even more contact during the holiday season. As for the time frame, there is no way to predict. I would give them a month or two, and if there is no news, contact them to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason happy new year my friend and all of asylum seekers here
Are there any news from chicago asylum office about the decisions it’s been 4 months after the interview and now news they told me still pending what do you think how long could be take?
Some times decisions take many months. This is a particular problem for men from Muslim countries, but anyone can be effected. If there is no news, contact them again. Eventually, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Hi Asylemm seeker,
My asylum case is with chicago office too. I did my interview almost 1.5 years ago and i am still waiting for decision. I contacted the ombudsman office but I am planning to file the mandamus lawsuit after i hear from the ombudsman office. I hope this helps. Take care.
Jason the Chicago Asylum office recently sent letters to some asylum applicants scheduling them for interviews but used the date 1919 instead of 2019! The weekday was also off by one day (For instance Jan 15 2019 is a Wednesday in 2019 but a Tuesday in 1919. Do you have any information about this and what the applicants should do in such a case?
Unless you are seeking asylum from the Austro-Hungarian Empire, it sounds like an error. When we have had this problem (the day of the week not matching the date), we have always followed the date (Jan. 15, 2019) and not the day (Wednesday). I would email them about the issue. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, if they do not respond, I would go to whichever date is first, to make sure you do not miss an interview. Take care, Jason
Hi Jason:
Happy New Year, 2019. I wish you a wonderful year coming ahead.
Dear Jason, sometimes, I see comments in your blog about the TRIG that applications are put on hold because of TRIG. Can you please give an idea what does TRIG mean?
Thanks
TRIG stands for terrorism related inadmissiblity grounds and Jason will be able to explain that big and scary term well. To put it in a nutshell TRIG is like a black hole and just pray and hope that you never get stuck in that hole as it will be hard to see any light at end of tunnel as the TRIG stands today.
TRIG is “Terrorism Related Inadmissibility Grounds”. It is an overbroad law that causes some people to have their cases delayed. I wrote something related to this on February 27, 2014. Take care, Jason
Hi Jason ,
My mom has got granted asylum recently. When she first file her asylum application, I am still under 21 and unmarried. I came with her together to the US. She list me but did not include me in the I-589. So my question is can she still file I730 for me now? I am married and over 21 now. Thank you so much for your help.
You should double check the I-730 form, but I think she can file for you. She cannot file for your husband or any children, if you have any. Take care, Jason
Hello Jason,
In your September 2017 article about AP you wrote: “People who are in removal proceedings (i.e., in Immigration Court) cannot leave the U.S.”.
I am currently pending a decision after 3 interviews. What if, while I am abroad, the asylum office denies my application and refers me to the court. Can I still return back using the AP?
I have never found an answer to this question. I suspect that you will be able to return based on the current AP, but I am not sure whether you will have a problem at the airport, and potentially be detained upon arrival (at least for a short time). My guess is that you would enter the US and be fine, but I am not sure, and I do think there could be some risk. Take care, Jason
A friend of mine was in a similar situation. He had a pending application for asylum and he had to travel out of the country. On return he was informed at the airport that his application for asylum had been referred to the immigration court by the asylum office. He was stopped at the airport for approximately 30 minutes while the immigration officer was seeking advice from her supervisor and eventually he was admitted into the country. Later the court granted him asylum and now his application for other benefits is on hold because of TRIG.