Why Has the Asylum Office Skipped My Case?

If you are an asylum seeker who filed an affirmative asylum case between about January 2013 and October 2013, you probably have not yet been interviewed, and your case has–seemingly–disappeared into a black hole. Meanwhile, other asylum seekers who filed after you are being interviewed and receiving decisions. So what gives?

The storage room for backlogged asylum cases.
The storage room for backlogged asylum cases.

As best as I can tell, in early 2013, the asylum offices nationwide essentially stopped hearing cases. The reason is because there was an influx of asylum seekers at the US/Mexico border. People who arrive without a visa at the border, and who request asylum, are detained. They then have a “credible fear interview” to determine whether they might qualify for asylum. If they pass the interview, they are generally released and told to return later to present their asylum case to an Immigration Judge.

Because of the large increase in the number of people arriving at the US/Mexico border (and being detained), the Department of Homeland Security shifted Asylum Officers from across the country to the border. DHS prioritized the border cases because those people were detained. Of course, detaining so many people is very expensive; it is also not so nice for the people who are detained. Assuming that no additional resources were available, I suppose it is difficult to argue with DHS’s decision to give priority to the border cases.

To deal with the increased demand, DHS also began hiring new Asylum Officers. The word on the street was that they planned to hire 90 to 100 new officers nationwide (which is quite significant) and that they would be trained and ready before the new year. Sure enough, we started to receive interview notices for our clients sometime in October (most of our clients interview at the Arlington, Virginia Asylum Office). Since October, our clients generally wait from one to three months from the time we submit the application to the date of the interview. That’s the good news.

But since they started hearing cases again, the Asylum Offices have been scheduling people on a last-in, first-out basis. In other words, cases filed after October 2013 are being heard, while cases filed between January 2013 and October 2013 are stuck in the “backlog.” There are two issues I want to discuss about the backlogged cases: (1) Whether there is anything that can be done if your case is backlogged; and (2) Why isn’t DHS doing the cases in the order received?

First, there are a few things you can try if your case is backlogged. For one thing, if 150 days have passed since you filed your asylum application, you can file for a work permit.

If you want to expedite your case, there is a procedure (at least in Arlington) to request an expedited interview. However, there are a number of problems with this procedure. The most serious problem is that it does not seem to work. When you request an expedited interview, your name is placed on a list. If another asylum applicant cancels her interview, you (theoretically) will be given her time slot. The problem is that not many people cancel their interviews, and many people are on the expedited list. Also, if you happen to get an expedited interview, you will have very little notice, and so there may be insufficient time to prepare.

Another possibility to expedite a case is to contact the USCIS Ombudsman. This is the government office that tries to assist immigrants and asylum seekers with their cases, and I have used it successfully a few times (though not for asylum cases). While I have a very high opinion of this office, its ability to expedite cases seems quite limited. One example of where it might be effective is if you have requested an expedited date due to a serious health problem (of you or a family member). After you have made the expedite request with the Asylum Office, and if that office does not expedite the case, the Ombudsman might be able to assist. In short, while the Ombudsman might be helpful for certain situations, it will probably not be able to assist in most cases.

I suppose you could also try contacting a Congressperson, holding a sit-in or going on a hunger strike. I doubt any of these methods will be effective, but it you have luck, please let me know.

The second issue I want to discuss is the logic behind DHS’s decision to hear new cases before backlogged cases. I have the impression (from talking to several people on the inside) that there was a heated debate within the government about how to deal with this issue. It seems there are several reasons why DHS decided to hear new cases before backlogged cases.

The main reason for hearing new cases first seems to be that DHS fears an influx of fraudulent cases. The logic goes like this: If cases are heard in order, delays will ripple through the system, and the average processing time for a case will dramatically increase. Cases will take much longer, but applicants will continue to receive their employment document six months after filing. This will create an incentive for aliens to submit fraudulent applications, which will further clog the system. By hearing new cases first, processing times are faster (except for the people left behind), and the incentive to file a fraudulent case and obtain a work permit is reduced.

Tied to this fear of more fraudulent cases is a fear of Congress. The House recently held hearings on asylum, and there is a general (and probably accurate) belief that the ultimate aim of these hearings is to restrict asylum. DHS believes that increased delays (and thus increased incentives for fraud) in the asylum system will make it easier for the Congress to pass more restrictive laws related to asylum. In other words, DHS does not want to play into the hands of the restrictionists by increasing processing times for asylum cases.

Finally, there is a general belief at DHS that delays are not all that damaging to applicants stuck in the backlog because such people at least have their work permits. If you forget about the stress and uncertainty, it is true that single applicants without children can work and live in the U.S. while their cases are pending. But for people who are waiting to be reunited with family members–especially when those family members are in dangerous or precarious situations–the delays can be deadly.

So that is the basic situation, at least as far as I can tell. Next time, I will discuss some possible solutions to the problem.

Related Post

314 comments

  1. Hi,i applied for asylum on November 17,2014, i did biometric checks on December 9, 2014 but till date i have not been scheduled for interview and its getting to 150 days since i filed in my application.I went to the office in charge of my case and i was told my case is pending.Please advice me on what to do next and may i know when i’ll be scheduled for interview.Waiting to hearing from you soonest.

    Sincerely,

    Reply
    • The asylum offices are interviewing older cases before newer cases, so likely you will wait at least 6 months and probably longer (I’ve heard one estimate that waiting times will be 20-24 months, but it depends on which office you are at). I wrote a posting on February 26, 2015 about ways to try to make your case go faster.

      Reply
      • Hi Jason is me again the asylum office just sent me a letter saying my interview is cancelled they’ll reschedule it another date which is so strange to me because I’ve never heard of such things before

        Reply
  2. Hi Jason I just received my interview notice which is due in two weeks. I don’t have a lawyer so I’m doing everything on my own is there anyway I can practice for my interview by seeing some tips online and also after the interview how long does it take before they make a decision I’m single girl in my early 20s my applications was filed in virginia that’s where my interview is taking place

    Reply
    • I have not done a posting about what to expect at the interview, but that would be a good idea. I won’t have time to do it in the next 2 weeks, though. Really, there is too much to discuss here, but one point is that anything you ever said to the US government (or even to other governments) will be known to the asylum officer. So if you had a visa interview, the asylum officer will have info about that. It is important that your statements at the asylum interview are consistent with any past statements you made, and with the documents, forms, and affidavits you submitted for your case. All that being said, if you can afford it (or if you can find a free lawyer), it would probably be helpful to have a lawyer. Good luck, Jason

      Reply
      • Hi Jason is me again the asylum office just sent me a letter saying my interview is cancelled they’ll reschedule it another date which is so strange to me because I’ve never heard of such things before

        Reply
        • That is actually pretty common (unfortunately). They should reschedule pretty quickly – hopefully within a few weeks.

          Reply
  3. Hi Jason,
    I have filed for asylum from Michigan state on March 30th 2014 and gave my finger print on April 18. My husband and two children are in my application. I did not hear anything from asylum office after that. I did not receive interview appointment either. Does it mean my case in the backlog? The wait has been really tough and frustrating. On the other hand, I have already obtained my EAD and SSN. Do the EAD and SSN indicate anything about the status of my case? Based on information you have , when do you think they will send me an interview appointment letter?
    I appreciate your help!

    Reply
  4. Hi Jason,
    I filed asylum case in San Francisco on 20 February 2015. Since then I did not receive notice of receipt. After reviewing the copy of asylum case with me, I found out that the address was wrong. After that, inwas disappointed and made decission to go back. O have valid touris visa. If I return now and leave the asylum case, will it affect my future US visa application?

    Thanks

    Reply
    • It may. If you plan to leave maybe you can withdraw the application. At the minimum, you should talk to a lawyer about your specific situation and how the asylum application might affect any future attempt to return to the US.

      Reply
  5. Mr. Jason,

    My father is an applicant with a pending asylum decision and I have decided to take a step for a petition on the White House official web page. I am sure you deal with many applicants like us and was wondering if you suggest them to sign the petition to earn a recognition from the president. It may sound very unrealistic but I wanted to give a shot. Attached below is the link to the petition.

    https://petitions.whitehouse.gov/petition/give-refugeesasylees-pending-decision-opportunity-benefit-advantages-they-are-deprived/nz56MDn1

    Andria

    Reply
  6. hey Jason thank you for the article.
    I filled for my work permit after the 150 days got passed. firstly, they replied me with the first mail to make sure the name and address were correct but they made a mistake on my DOB, after I made a phone call to the office, the corrections were made but, I haven’t heard from them again for like 2 weeks and I haven’t received any mail for my work permit.. I don’t know if they skipped my case or something. Thanks…

    Reply
    • For our clients, work permits seem to take about three months from filing to receiving the card (though the USCIS website claims it takes three weeks!). Hopefully you will receive it soon. Take care, Jason

      Reply
  7. Hi Jason,

    My case is currently pending in the Los Angeles Asylum office for 8 months, and I will be moving soon to Texas. I understand that this will automatically transfer my file to Houston Office. So I’m concerned about the following:

    1. How long will it take to get my file transferred?

    2. Will I lose my place in line for interviewing?

    3. Is it true that Houston office is know as one of the hardest to win an Asylum case?

    4. Is there any particular way known to the Asylum community how to keep my address where it is to avoid the transfer of my file?

    Your answers will be sincerely appreciated.

    Terry

    Reply
    • File transfers – at least the one’s I can remember – took less than six months. It is unclear to me whether transferring the file puts you in the back of the line, but our clients (two of them) who transferred (including one to Texas) got interviews in 6 months. I don’t know how Texas compares to other offices in terms of grant rate. Good luck, Jason

      Reply
  8. Hi jason I applied for my asylum within jan. And Oct. 2013 my case was within the jurisdiction of new york asylum office and then I moved to new jersey and my case now is within the jurisdiction of newark asylum office..what happens in such a situation ? My case is still backlogged or I can get scheduled soon ? Thanks

    Reply
    • I don’t know. We once had someone move from the Virginia asylum office to NJ, and she received an interview about 6 months after the move (the interview was in NJ). On the other hand, statistics show that the NJ office has become very backlogged, with more delayed cases there than in New York. You may want to contact Catholic Community Service (my former employer) in Newark – maybe the staff attorney has a better idea about waiting times in that office.

      Reply
  9. charles March 9, 2015 at 10:13 am
    Dear Sir
    on 3/3/15 during my asylum interview in houston, TX officer canceld my interview for providing incompetent interpreter and said i will be rescheduled future. my question is, how much time does it take for reschedule?

    Reply
    • I don’t know, but my understanding is that rescheduled cases have the highest priority. If that is correct, you should not wait very long. Good luck, Jason

      Reply
    • Hi
      Charles
      One of my husband’s friend do the same after all the asylum officer tell him to reschedule after that they call him interview after 2 years by requested many time. If anyone missed the 1st interviews that is a very big mistake i have heard .
      Afrer all good luck

      Reply
  10. Hi I applied My asylum case in San Fransisco office in oct 2013 And i have work permit and ssn still waiting for interview But as you said I probably got into a backlog and I checked my status on USCIS wep site it shows My Case Status does not recognize the receipt number entered.
    My question is: What do you suggest to do? Just wait and they send or invite me ?
    What if I ask for expedited my case is that help me !?
    Is there any stories that these people who are in “backlog” had interviews? If yes, when?
    Thank you very much.

    Reply
    • I don’t know specifically about your office, but backlogged cases are being interviewed now. How long until it is your turn, I do not know. Also, you cannot check the status of your asylum case on-line. You have to contact the asylum office directly.

      Reply
  11. Hi Jason.
    i applied asylum case for 7 month before up to now i have any answer just i received notification latter and i did finger printer after that i didn’t get any news from Immigration office so what i can do.?

    Reply
    • That is pretty common – please see my posting dated February 12, 2015 for more info.

      Reply
  12. Hi Jason.
    I filed for after being in the US for 8 years n F1 status. conditions with my family changed and we started getting threats which result with some family members incarcerated back home due political opinions as a result i stooped school cause i could not afford it. i was out of status for about 2 years before filing asylum in Arlington Virginia in June 2013, i was interviewed November 2013 no decision was given to me then i was told i will receive a decision in the mail. i applied and received in may after waiting 2 months. until now its 2 years after i filed and still no decision what can i do to find out the status of my case, i have already been interviewed i am just waiting on a decision. also can i travel to Canada while my case is still pending and if i can what kind of documents do i need. thank you so much.

    Reply
    • That is a long wait. You can email the asylum office about your case, or you can go there on any Wednesday between 7:00 AM and 3:00 PM to ask about the case. If you want to travel, you need Advance Parole (form I-131). There have been problems with this form, which I have written about on January 27, 2015. Good luck, Jason

      Reply
  13. I applied my Asylum case on November 07, 2014 and I give fingerprint Nov 18,2014. Still I did not receive any Interview Notice from Arlington office. So Could you please advice me the following question.
    1. can I ask expedite interview? If it is OK? can I get the opportunity soon?
    2. If I change my interview with expedite, is that the asylum office cancel the normal interview schedule.
    3. Can it affect the Clock?

    Reply
    • I am going to do a new posting about these issues later this week, so check back…

      Reply
  14. Hi Jason,
    I applied for Asylum, April 2014 along side with my depend daughter, at NJ office, we did fingerprint in May 2014 and June I was called for interview unfortunately my lawyer gave birth and was in C-Section. She then wrote the Ayslum office to postpone my interview. Later I received interview appointment for daughter we all went but the officer interview her alone though asked me some few questions, she indicated the interview is for my daughter.
    I later applied for EAD in November 2014 and been denied, since then no interview date for me. But the good thing my daughter has been approved. What should I do can I appeal for EAD,? was my lawyer maternity leave a good cause ?what can I do to get a new interview date? Me and my daughter have been separated for 2 years now.
    Please I need your advice.
    Stephen

    Reply
    • It is expensive to appeal the EAD. I would probably just re-file a new I-765 – after you figure out what went wrong the first time. As for your case, I would contact the asylum office. Supposedly, re-scheduled cases are receiving the highest priority (at least at my local office, but I think this applies everywhere). If that is correct, maybe you will receive an interview soon. However, it seems to me you are waiting a long time, so I would contact them. Good luck, Jason

      Reply
      • Thank you Jason.

        Reply
  15. Hi,
    My wife applied for asylum in December 2014 in Arlington VA. I am on her application as well. Our 8 son is US citizen. We have been living in USA for past 14 years me being on h1. Wife visited home country first time a few months back after she came to US in 2003. We belong to a persecute community there and when she visited with your son, she got some serious threats and she has to rush back to US. She filed for asylum in October 2014 and got receipt in December 2014, we also got fingerprinted in December 2014. We are still waiting for interview call. I have a job and my h1 is expiring in few months and this is making me nervous. Should she contact Arlington Office to check on application status? or contact Senator?

    Reply
    • Apparently I have made some serious typos in my post above, here is it again, I was unable to edit
      Hi,
      My wife applied for asylum in December 2014 in Arlington VA. I am on her application as well. Our 8 year old son is a US citizen. We have been living in USA for past 14 years me being on h1. Wife visited home country first time a few months back after she came to US in 2003. We belong to a persecute community there and when she visited with our son, she got some serious threats and she has to rush back to US. She filed for asylum in October 2014 and got receipt in December 2014, we also got fingerprinted in December 2014. We are still waiting for interview call. I have a job and my h1 is expiring in few months and this is making me nervous. Should she contact Arlington Office to check on application status? or contact Senator?

      Reply
      • Please see the posting I did on February 12, 2015. You will likely be waiting a long time for the interview. If you have no interview and decision after 150 days from the date you filed, you can apply for a work permit. If there is some type of emergency, you can ask the Asylum Office to expedite the case. You can also put your name on the “short list” so you will be called if someone else cancels their interview (though many people are already on the list, so it is actually quite long). The bottom line is that you will probably be waiting a while for your case, and there is not a lot that you can do about it. If you have a lawyer, you may want to ask more details about these options, and about a “mandamus” lawsuit. I wish you good luck, Jason

        Reply
  16. Hi I apply as asylum 8/2013till now Iam waiting interview is that normal and when can I get interview appointment iam waiting for along time Chicago asylum office

    Reply
    • Based on recent changes at the Asylum Offices, you will probably have an interview soon (though it may still be months away). I wrote about this in a posting dated February 12, 2015.

      Reply
  17. Dear Jason,
    I applied for asylum from FLORIDA and get a receipt dated AUG\18\2014 , and also i applied for work authorization since JAN\15\2015 and till now no reply ?!!!
    My first Q how can i know if my case in backlog or not ?
    second Q for how long does it take to get work authorization ? since i have been waiting now for more than 40 days ?
    third Q : i heard if it’s long time without interview i can raise an issue against the government
    Appreciate your assist and Thanks a lot.

    Reply
    • You can email the asylum office to ask the status of your case (you can find the email address here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ZSY). I would look at my most recent posting (from last week) that talks about the new policy for reviewing cases. You could try to sue the Asylum Office to force them to process your case (called a Mandamus lawsuit). You would probably want to talk to a lawyer about that before you do it. Good luck, Jason

      Reply
    • Hi Mohammed,i got the same problem like you.can you email me at romalevrai@gmail.com

      Reply
  18. Hi
    I apply for asylum on 07/18/2014 the fingerprint done by 07/25/14
    We still waiting for the interview I send them so many times asking for update ,the keep sending me that it’s inder process ,please advice me
    Thank you

    Reply
  19. Greetings! Jason

    I applied my Asylum for my self and kid on December 2012. i have my work permit but i didn’t hear any from immigration about my application statues except ask for finger print a couple of time.

    I am just worried since it took me a long. I tried a couple of time to reach the San Francisco asylum Office couldn’t succeed

    Please advice me on the same

    Reply
    • Hello Zulu,
      I applied for mine in October 2012 in Chicago asylum… Got an interview on June 7th,2014 but havent heard from them since then. It is stuck… Hope they call you for interview at least. I hope you applied for a work permit.

      Reply
  20. Hi Jason!
    First of all, thank you for sharing the info. As per my case, i received a notice for fingerprint on December 13, 2010. I have since than appeared for fingerprint once. I do have a work permit, however, I have not heard anything from the office yet. I have mailed them couple times and all I was told was that my case was under review. But that was more than a year ago. I recently sent letter asking for my status confirmation. I haven’t heard about that yet. I was just wondering if you could help me figure out what is happening and what action I should be taking.
    I really appreciate if you guide me.
    Thanks.
    Bipesh.

    Reply
    • We have not had much luck trying to expedite cases, but if your case is that old, it should be coming for an interview soon (see my post of February 12, 2015), so you may want to contact the asylum office again to make sure everything is alright. Good luck, Jason

      Reply
      • Hi Jason!
        First off, thank you for responding. Yes it has been a long wait. Also, I have appeared to San Francisco USCIS office and was interviewed. I have just been waiting for a decision. I wrote letter to the office several times, I was told that my case was still under review. But that more than a year ago. Since than I have wrote them couple of times but I haven’t heard anything for them. I wrote a letter couple of weeks ago as well but have not heard from them. My question is why do you think this might be happening or is there any way I could contact the ? Would hiring a lawyer to look after my case would expedite the process? Please do guide me on what I should be doing. I would greatly appreciate your advise.
        Thank you.

        Reply
        • I do not know the reason for the delay. You might want to talk to a lawyer to see whether he or she can help you, but (speaking as a lawyer), I do not think a lawyer can do too much. One thing a lawyer can do – if you want to pay for it – is a Mandamus lawsuit, where you try to force the asylum office to make a decision. If you have a lawyer, you can ask him about that possibility.

          Reply
  21. Hi Jason i applied for an assylum in June 2013 that’s exactly 11 months after I got into the country. However the Assylum office did a mistake and gave me a wrong Alien number which was meant for a lawful permanent resident who I share the same first and last name, date of birth and the height I didn’t realize that mistake until a year later it took the assylum office about 4 months to fix the mistake and give me a new Alien number I then did my finger printing again. They also decided to put me in the short list because of the mistake they did however I still haven’t had my interview yet it would be almost 2 years since I applied

    Reply
    • If you look at my post from last week (February 12, I think), I discuss the new policy, which will likely help you. Good luck, Jason

      Reply
  22. […] written before about the reasons for these delays. Primarily, it was due to a significant increase of asylum seekers from Central […]

    Reply
  23. […] written before about the reasons for these delays. Primarily, it was due to a significant increase of asylum seekers from Central […]

    Reply
  24. I applied for asylum at the San diego border after I passed credible fear interview they sent me to court for master hearing after that they let me out on parole then I moved to New Orleans since my family lives here now they transferred my case to New Orleans automatically now I, waiting but nothing yet it’s been 120days since no I don’t know nothing can u tell me what’s going to happen and what should I do?

    Reply
    • You should probably contact the San Diego and New Orleans courts to see what is happening. In my experience, it often takes many months for a case to transfer from one court to another.

      Reply
  25. Hi there,
    I appeared for the asylum interview on Jan 26, 2015 in NYC and my case was referred to the immigration judge on Feb 9, 2015. I was an F1 student when I entered in USA, I couldn’t continue my study. I will have the work authorization by May 2015. and now I am thinking to continue my study again. Is that a good idea..? I am afraid If go to school and during the period If I get any bad news from the immigration judge. Then everything will finish, my time, my money and the most important thing is my career will be finished. I really don’t know what to do. Please anybody let me know. It will be very helpful for me. Thanks in advance.

    Regards,
    Sagar

    Reply
    • The NY court is VERY slow, and even if you lose there is an appeal, so it would normally be at least 3 years and probably 5 or 6 years before your case would ultimately be denied. Unless you plan to study for a longer period than that, you should be fine. Of course there is no guarantee, but once you go to your first court hearing, you will have a date for your second (and hopefully final) court hearing. When you know that date, you can make a plan.

      Reply
      • thank you

        Reply
      • can you please tell me before my final hearing or after my final hearing if they put my case into withholding of removal then if I marry a us citizen, can i adjust my status..?

        Reply
        • If a person has withholding, and he marries a US citizen, and he is eligible to adjust (meaning, normally, that he entered the country with a visa and has no criminal record that blocks him – but you need to talk to a lawyer about that), he can re-open his case and adjust status (get his green card) based on the marriage. However, there are a number of issues in a case like that and you would need to talk to a lawyer to know for sure whether you could adjust status.

          Reply
  26. Respected Jason,
    I applied affirmative asylum on early of 2013 at Houston.i loosed case and they refer me San Antonio court and after processing, i got a final individual hearing on end of year 2013 but due to immigration court shutdown, my case is postpone for late 2014 and again i got a same kind of crisis’s,till i didn’t get them no any hearing court date on immigration system .Its make me on painful frustrations.Please give me good feedback.
    Regards,
    Gurung

    Reply
    • There is not too much good feedback I can give you – Unfortunately, the process is very slow. There are delays in court and at the asylum offices. Long delays. In court, if your case is ready to go, you can ask the judge for an earlier court date. It does not always work, but sometimes it does, so it might be worth a try. Good luck, Jason

      Reply
  27. […] written quite a bit in these pages about the backlog at the Asylum Offices, but today I want to focus on another backlog–in the Immigration […]

    Reply
  28. Hi, Mr Jadson
    I applied my asylum case in August 2013, and got my interview in October 2013, after the interview they told me to send some documents to the office, and I did, but since then, almost 15 months, I didn’t receive anything from them. What would be your advice for me and I am do desperate. I will appreciate your help. Thanks in advance.

    Reply
  29. Hi
    I applied on 6th of Aug 2014 and went for my finger prints on 24th of Aug 2014. But until today 1/29/2015 I didn’t hear anything about my interview. Is there anyway I can get a news regarding my Interview? also I applied for my work permit recently. And want to know how long will it take to send my work permit and how long will they take to call me for my interview.

    thanks
    Very much appreciated

    Anne

    Reply
    • Probably your case is in the backlog, which means you might be waiting for many months. You can always contact the asylum office to ask them. It typically takes my clients are two or three months to get the work permit. Good luck, Jason

      Reply
  30. Hi Jason,
    I applied for asylum and got my receipt on Nov. 20, 2014 and so far waiting for the interview notice but heard a rumor that those who applied before Nov. 24,2014 are in backlogs, well is that true? If not do u think there is still a chance to be called for interview sooner? Cause since my case is in Arlington office and as u mention they have started seeing backlog cases, Thanks a lot for your replies and their are so helpful and ease our frasturation. Thanks!!!

    Reply
    • I think it is too soon to say whether your case is in the backlog. The latest news I’ve heard from Arlington, and I am not sure that it is correct, is that starting in December or January, they have decided to work on older cases before newer cases. If this is correct, my guess is you will be waiting for a while, but at this point, I really do not know. I’d also say that if you do not have your interview in the next month, you are probably in the backlog. Good luck, Jason

      Reply
  31. Hello Jason,
    Thank you for a great article.
    I applied for asylum in the end of August 2013. Since that time I’m waiting for the interview. Of course i have work permit, SSN etc. But as you said I probably got into a backlog.
    My question is: What do you suggest to do? Just wait and they eventually will invite me or no? Is there any stories that these people who are in “backlog” had interviews? If yes, when?
    Thank you very much.

    Reply
    • At least in our local office, it sounds like they are changing the policy and will start reviewing the older cases first. If that is true (and I am not 100% sure), then cases like yours should be interviewed relatively soon. You might want to contact your asylum office and ask them what their interview policy is. Also, you can ask them if there is a “short list” for your asylum office and how that works. Good luck, Jason

      Reply
  32. Hi
    i applied for asylum in 17th of november and did the fingerprint in the 3rd of dec. till now i did not receive the interview notice , i live in houston . and i heard something about starting interview for all backlog cases from my attorney . is that correct ? and what about short list ?? can you explain what does that mean??

    Reply
    • The asylum offices seem to change their policies frequently, and I do not know much about Texas. However, the short list is a list of people who will be called if another applicant cancels her interview appointment. It may get you an interview more quickly if you are on the short list.

      Reply
  33. hi brother

    iam hesitate to apply for tps or not coz I applied for refugee also so iam afraid of that officer don’t approve my case cos Syrian people can apply for tps and will be protected but if I applied I will take paper work and social security fast .

    Reply
    • There should be no problem applying for TPS and asylum, so maybe you can do both.

      Reply
  34. hi brother thnx for u r help
    I applied for aslyem case and I will print at Monday , iam injured and has disability in my leg , aslyem office will faster my case coz of this or not , my lawyer told me maybe yes maybe not
    thnx for u e cooperation

    Reply
    • Probably not, but it might be worth a try. Sometimes, if a person has a health issue, the asylum office will hear the case faster.

      Reply
  35. Hi Jason
    I applied my asylum in 2013 and did my interview in mid June 2013.i receive reccomeded of approval two weeks later since then I haven’t had from them try writing a letter and I was told that my background has not finish any Idea why it’s been 1yr 6month

    Reply
    • I have no idea why it takes so long, but many of my clients have the same problem. It is very frustrating.

      Reply
  36. Hi, Jason
    my asylum case is pending at Newark asylum office NJ since Jan 2014 and up to now we just did the fingerprint two weeks later. and it took me 3 hours to go there for inquiry as I did once, (just wait for interview notice). do you have any suggestion? or how many cases in the backlog list at this office? or when we can expect for interview?
    please advice…. thanks

    Reply
  37. Hi Jason,
    I am from East Africa and have been working for the UN when for political issues I no longer felt safe in my own country so I came to the US and filed for Assylum 11/03/2014, so far I have had fingerprint, and, I, guess, am put in the baclog as, normaly, I was supposed to have an interview mid December.
    My question is,
    1: considering my family by fear fled to a neighbor country will I be eligible to apply for expedite interview?
    2: Is there any hope, due to the holidays, there might be officers on leave, and eventually, I might be called for an interview in January2015?

    Many thanks iin advance for your answer.

    Reply
    • I don’t think it is clear that you are in the backlog. Hopefully you will be interviewed in January. Good luck, Jason

      Reply
      • Thank you very much for your optimistic answer Jason.

        Reply
  38. Hi jasion thank you for help I’m going to applying for collage and I’m asylum 2013 and my cais pending since 2013 my question is: it okay to apply for ? and I can gat financial aid? thank you

    Reply
    • You would have to contact the school about financial aid and fees charged, but I believe as long as you have a work permit, you can attend school. To be certain, you should check with the school.

      Reply
  39. Hi Jason,
    I had filed asylum application in January of 2013 and had a fingerprint in February after a week later. But since then never heard anything yet. i did write asylum office a hand written letter and they responded me as case pending due to overload of cases. I am a F1 status and had my application filed in San Francisco while i was in my OPT but then i came back to other state to continue my college as my OPT was expired. But i was so frustrated, i almost gave up for my case due to long waiting so i didnt bother to inform USCIS about my address change. I do keep on contact to friend from my previous address but still she said, no any mail in my name since i left. And i feel like to file for EAD, so inthis case; do i need to go back to my previous address to file EAD or am i not eligible for EAD since i never informed my address change to USCIS.
    please help me out.!!thanks.

    Reply
    • I am not sure I understand the question. I have had clients file for the EAD at one address and the asylum office has a different address, and it has worked for them. However, this is a bad idea. It is easy enough to file a change of address form (AR-11), so you are better off having one address for everything (EAD and asylum). As for the long wait, you are absolutely right – it is a real disaster, and it is unclear when things will start to improve. Good luck, Jason

      Reply
  40. Dear Jason,
    I live in Fl and i am one of those who applied in 2013 and still endin, but i have my work permit. I got an excellent job offer that require me to travel to live in north carolina. So, i have some questions:
    Can i renew my work permit if it expired before being interviewed?
    Can this cause more delay for my case if i transfered it from one state to another?
    Can i go for work in north carolina while keeping my case here in florida?
    Thanx

    Reply
    • You can renew your work permit as long as your case is pending. After the first work permit, you need to pay the fee to renew. If you move your case, it may cause additional delay, but given the mess we have these days, it’s hard to say. My guess is that moving the case makes it slower, but you never know, maybe it will make it faster! If you move, you are supposed to inform the asylum office. But what constitutes a “move.” If you are unsure, it is safer to consult a lawyer.

      Reply
  41. I have seen this post since long time and i have been studied this for several times.I have a short and sweet question to you.The asylum case is backlogged.How long will take to address or interviewed these backlogged case?…..will they start interviewed these backlogged case on 2015,2018 or on 2020..when?……since the people who are applying the asylum after we people are being interviewed and goes case in court but what about us..

    Reply
  42. Hi Jason, I got offered a high tech IT managerial position for a big multinational but my asylum application is pending with no interview for 60 days and my aEAD clock is on 60 days too. I inquired from asylum office and they told me it’s in backlog. Is it possible to request expedited EAD on a case by case basis if I make an argument that it’s an extremely urgent situation since I’m required to start work soon, there is a shortage of skilled workers for the field, I’m supporting my sick mother and it also leads to financial loss to me and the company if I don’t get my EAD soon?

    Reply
    • I know of no way to expedite an EAD based on asylum. I think you would need an alternative basis to obtain an EAD. It might be worth having a lawyer look into it, as maybe there are some options for you.

      Reply
  43. Hi Jason, thanks for these info,
    I have applied for my parents for asylum Jan 2014(so my guess they are not in the blacklog), yet other than the fingerprinting, we got nothing, and it has been >10 months so far.
    My first question is: With this pending status, can I obtain SSN for my parents, so at least I can get them some health insurance and driver’s license?
    Second: Do you know if they are processing new cases as well as old cases at the same time, and would that be the reason why they are also backed up on the new cases.
    Thanks
    George

    Reply
    • If the case was filed more than 150 days ago, they can file for a work permit, and then get the SSN. We are seeing some backlog cases receiving interviews, but only a few (in Arlington, Virginia).

      Reply
      • Thank you

        Reply
    • Go to social services, show them that you applied and interviewed, they will give a health insurance, i did that and got it, i am in CA, here no need for SSN for driving licence

      Reply
  44. Hi Jason,

    Greetings!

    last to last day my father wake up from the bed at around 5:00 a.m in the morning with severe pain in the middle portion of his chest, he becomes mad as the pain was intolerable, seeing no other way I call 911 accordingly they came and pick my father from our residence to the Washington Adventist Hospital. we were really impressed to see the precaution whatever they took for my father without asking any cost. may be they will raise invoice later.
    After 7 hours observation my father has been released from the Hospital with a recommendation to see with the cardiologist in Belts-vile on 11/17/2014 but my father will not as he knows that at present he’ll be unable to pay treatment cost.
    It is now 2 months plus we applied for EAD and 6 moth plus we had our interview but nothing coming as of now. we know we all get job after having our EAD or decision any one.
    I apologize disturbing you again and again.
    thanks and have a pleasant weekend.

    Regards,

    ANDRIA

    Reply
    • Sorry for the bad news. You can always contact the asylum office to tell them about this problem. I doubt it will help, but it won’t hurt, and maybe they will make the case move faster. You should give them some evidence of the problem, like a letter from the doctor. Good luck, Jason

      Reply
  45. Hi Jason, please I need your advice for my case,
    I had visited USA in the month of March 2014 with my wife and my son (8 years old) under visit visa, and left them there and returned to the Saudi and I hired a lawyer to apply for them as Asylum for my wife and my son and he applied for them in April 2014, but so far there are no any Call for interview from Asylum office, only they asked her to come to do finger print in May 2014
    – My first question is that we are as (Palestinian Refugee) in Syria is this a strong reason to accept our asylum case? On the principle that we are without citizenship for this interview in addition that we have our own story in Syrian war, destruction and the loss as it is known, etc…
    – The second question is there any problem for me at the airport if I decided to come to visit them in America? Or is it possible that the immigration officer knows through the system (serial number of visa that my wife and my son advanced applied for asylum and prevents me from entering.( Note that tourist visa), which I had a visa valid for two extra years.
    – The third question is if I decided to come to USA and stay with my family at the moment before they do the interview, I will be joined their file to the case? Or should file new case and wait for new interview for me.
    – If we decide to change our address there and we inform the Asylum Office with the new address is there any a problem with that? Or you don’t advice to do that.

    I hope that you will respond and thank you very much in advance

    Regards
    Samer

    Reply
    • It really would be best for you to speak to your lawyer about these questions. I do not know the particulars of your case, and I am not the best person to answer these questions. If you feel that your lawyer is not helpful for questions like these, you might want to think about changing lawyers.

      Reply
  46. Hi Janson , I have been waiting my asylum interview since i submitted my application in july 2013 , couple weeks ago i drove 6 hours to Arlington and asked about the reason for such delay , as the employee looked at the date of my application he said ohh, you are in blacklog and i really don’t know when you’re gonna get your interview , till now i have been in pending status 17 months really get tired and frustrated , do you how many months still i have to wait and if you have any suggestion i really need it .
    My Best Wishes

    Reply
    • The backlog is a huge problem – right now there are over 60,000 people stuck (over 3,000 in Arlington alone, which is actually one of the better offices). There is little to be done, but if you have a health problem or family separation, you can tell them and ask them to expedite (this rarely seems to work, but you can try). Also, they have a short list. Finally, if nothing works, call your Congressperson or Google the USCIS Ombudsman office. Goof luck, Jason

      Reply
      • I applied on April 29, was interviewed on June 10, then nothing

        Reply
        • hi jason, I applied my asylum case in July 2014 I did my finger print I applied my work authorization on 19th dec 2014 still waiting for my work authorization,
          most important what I have question I have infant babies 1year and 8month old i left them in back home i cannot wait so long could you please tell me what do I do get early date for my interview please
          Thanks
          Misbah

          Reply
          • Please see the posting I did for today (February 26, 2015). I present some ideas there. Good luck, Jason

  47. Dear Jason,
    Thanks so much for all the clarifications!
    It’s been 19 months since I had my interview for asylum but haven’t heard any thing regarding the decision on my case so far. My passport has expired but I’m still on legal status (F1 visa) and I have 8 more months. Currently I’m applying for a postdoc and I got an offer. So, since I have expired passport and no decision on my asylum case so far, I was wondering if this will affect me for the readjustment my status.

    Thanks a lot!

    Reply
    • Sorry – I do not understand what you mean by “readjustment of my status.”

      Reply
  48. Hi Jason,
    Thanks for the immediate response.
    My father is a patient of High blood presure with high Triglyceride and cholesterol. not only that he also carring a polyp ( stone) in Gall Bladder.
    Every three month onward lipid profile is a must for him, it has been 10 months plus now fm the date of our arrival in USA but as of today we could not go to the doctor considering high expenses which might be unaffordale for us as we all are jobless.
    Does it work in USCIS to get some favor i mean early decision on our asylum clam or an EAD?
    thanks and have a plesant day.

    Rgds,

    ANDRIA

    Reply
    • You should let there asylum office know about this (including a copy of a medical record or doctor’s note) and that might help. If not, you can go to the USCIS Ombudsman’s office (you should be able to Google them), which provides a long and annoying online form to request assistance. Other than the fact that form is long and annoying, the Ombudsman can be helpful and is worth a try.

      Reply
  49. Hi Jason,
    Greetings!

    USCIS National Goal for EAD 3.0 (weeks)
    USCIS National Average for EAD 3.0 ( Weeks)
    whereas VMC taking 3.9 Months. reason not known?????
    I think there were none to moniitor whether the goal achieved within the targeted time frame or not?
    it has been 5 months + now fm the date of interview but the decision not yet. The file as of today with asylum officer. meantime we made inquiry three times in the USCIS Arlington VA but glad to hear that it is now in final checking.

    USCIS should think- how a four person fmly will servive more than six month when the EAD is the vital docs for securing job.

    Rgds,

    ANDRIA

    Reply
    • The EAD process has been going slower than normal lately. It creates great hardships for people. It would be better if USCIS would issue a 2 year EAD, but they don’t. Under the statute, USCIS should issues a decision within 6 months unless there are exceptional circumstances. However, many of my cases take longer than 6 months. It is not easy.

      Reply
  50. Hi sir,I filled for asylum since June 26th 2014.2wks later I received a letter for biometrics and another that I would b cald for interview soon.up till date I have not heard from them.do you think I can apply for work permit?cause I had my child here and have being taking care of her without working its frustrating. I don’t know if can apply for work permit.reply pls….thanks

    Reply

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