Some asylum seekers file their applications and never receive an interview. Others are interviewed for asylum and never receive a decision. I’ve discussed the first problem–called the backlog–several times, but today I want to discuss the second problem. What happens to people who are interviewed for asylum, but then wait forever for a decision?
I’ve had a number of clients with this problem. They fall into a few broad categories.
One group are people from countries that are considered a security threat to the United States–countries like Afghanistan, Syria, Iraq, and Somalia. People from such countries are subject to more extensive—and thus more time consuming—security background checks. The security check process is very opaque, so we really don’t know much about what the government is checking or why it takes so long, and the length of the delay seems to have nothing to do with the person’s personal history (for example, I’ve had clients who worked in the U.S. Embassy in their country or with the U.S. military, and still the background check was delayed). To me, the security background check delays don’t make sense. If the person is a threat to the United States, allowing him to live freely here for months or years while the government investigates his background seems like a bad idea. Another aspect of the background check that does not make sense is that asylum seekers in court never seem to be delayed by security checks. Also, aliens seeking their residency in other ways (marriage to a U.S. citizen or through employment) don’t seem to have problems with background checks either. While the need for background checks is clear, the inordinate delays for asylum seekers is hard to understand.
Another group of people who face delays after the interview are people who may have provided “material support” to terrorists or persecutors. I have a client like this–he was kidnapped by terrorists and released only after he negotiated a ransom (which was paid by his relative). Had he not paid the ransom, his case would not have been delayed post-interview. Of course, had he not paid the ransom, he would have been killed by the kidnappers, so the point would probably be moot. I imagine that his case is subject to review by Headquarters, which again, seems reasonable. But why it should take 10 months (so far) and what they hope to discover through an additional review, I don’t know.
A third group of people whose cases are delayed are members of disfavored political parties or organizations. Such people might also be subject to the “material support” bar, but even if they have not provided support to persecutors, their cases might be delayed.
A final group are high-profile cases, such as diplomats and public figures. When such a person receives asylum (or is denied asylum), there are potential political ramifications. Again, while I imagine it makes sense to review such cases at a higher level, I am not exactly sure what such a review will accomplish. The law of asylum is (supposedly) objective–we should not deny asylum to an individual just because her home government will be offended–so it is unclear what there is to review.
These delays are particularly frustrating given that decisions in asylum cases should generally be made within six months of filing. According to INA § 208(d)(5)(A)(iii), “in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed.” Unfortunately, the “exceptional circumstances” clause is the exception that swallows the rule. These days, everything from backlog to background check to Asylum Office error seems to pass for exceptional circumstances. I know this is not really anyone’s fault–the Asylum Offices are overwhelmingly busy, but it is still quite frustrating.
Indeed, I have had clients waiting for more than two years (two years!) after their interview, and the asylum offices can give us not even a hint about when we will receive a decision. The worst part about these delays is how they affect asylum seekers who are separated from their families. I’ve already had a few clients with strong claims abandon their cases due to the intolerable wait times. The saddest case was an Afghan man who recently left the country, two years after receiving a “recommended approval.” The client had a wife and small children who were waiting in Afghanistan. After he received the recommended approval–in 2012–we were hopeful that he would soon receive his final approval, and then petition for his family. After enduring a two-year wait, during which time first his child and then his wife suffered serious illnesses, the client finally gave up and returned to his family. This is a man who worked closely with the U.S. military in Afghanistan and who has a very legitimate fear of the Taliban. In his case, we would have been better off if the Asylum Office had just denied his claim–at least then he would have known that he was on his own. Instead, he relied on our country for help, we told him we would help, and then we let him down.
Delays after the interviews seem to affect a minority of applicants, and they have not garnered as much attention as the backlog. However, they can be just as frustrating and never-ending as backlogged cases. At the minimum, it would be helpful if the Asylum Offices could provide some type of time frame for these people, particularly when they are separated from family members. As DHS struggles to deal with the backlog, I hope they don’t forget about those who have been interviewed, but who are also stuck waiting.
Hello Jason,
Two questions:
1- These days whats is the maximum wait time for decision after interview?
2- Usually in what timeframe have you seen a case being denied after interview? the other way to ask this question is after how long of interview we can assume that the case would be approved? (I know its not guaranteed)
My wife was interviewed in Chicago in May 2016. We send reminders every six months and they always reply ‘Case pending, a final decision has not been issued’
This one is out of context but fyi Chicago office does Short List cases for interview, my wife was shortlisted for her interview in May 2016 where as her regular interview would have been in June 2017 as per the bulletin.
Best regards
1 – It depends on the case and there is no maximum. I had a consultation earlier this week where she received a recommended approval in summer 2013 and she is still waiting. 2 – I cannot say that denials come more quickly than grants. I can only think of one case that we had which was denied after a long delay, but I do not know whether there is any correlation between wait times and approvals. Take care, Jason
Hello Sir,
We applied for asylum case since January 2013. We interviewed on February 2017. The decision have being bending. We have inquired many times, but every time we get the same answer. I want to apply for travel documents is that going to affect our case. Thank you for the wonderful website that provides us with helpful info that release our worries.
You can apply for Advance Parole using form I-131 – I wrote about that on September 11, 2017. One issue is that if your case is granted or denied, it will likely make the Advance Parole invalid (or at a minimum, talk to a lawyer before you use it, to make sure you will be able to return to the US) and you will lose the filing fee. Take care, Jason
Oh yes, I remeber I got 10 times every 2 weeks a notice for Fingerprinting, I was first thinking they have to make an appointment for each finger, and after I was fingerprinted the 8th time , I was saying to this Ladies, OK see you in 2 weeks, and the next time I will bring some donuts…. Than the lady says no , there is no next time, and I said so you only come 8 times for fingerprinting ? No , she said you only come one time. Than I said why was I 8 times now here ??? And she looked in the computer and was getting a red face !! There must be a mistake she said. And I said ,…a mistake ? and I thought you want to catch some terrorists ,….but with such mistakes , you have probably 8 people running around with my fingerprints on their green card,….and this was you are far away from catching terrorists. Well the next 4 weeks there was another 2 fingerprint notices in my mail box….my neighbor told me . may be some illegal mexicans will give you a lot of money if you give them this notice, so they will have than also a green card !
The way things are working these days, it makes sense to have 10 fingerprints – on per finger. Maybe you’ll get 10 more for your toes. Ah well, at least you were a good sport about it. Take care, Jason
Hi Jason,I am sorry if I send my post many times but everytime I post I couldn’t see it so I don’t know if it is posted or not.I am sorry again if that happens.Thanks.
Everyone undergoes a security check and so that may be the reason for the delay – that is pretty common. It could also be something else; whatever they may tell you is often not so useful. There is little you can do to get them to make a decision faster. You can inquire once in a while, but that does not do much to get a faster decision, at least in my experience, and I think it is not helpful to try to interpret their statements, as that often leads no where. I think you are not there yet, but if the wait gets too long, and your inquires do not help, you can try the USCIS Ombudsman, and if that doers not help, you can file a mandamus lawsuit. But again, your length of delay is not that unusual. Hopefully, you will get a decision soon. Take care, Jason
So I am wondering what does it mean a FINAL REVIEW? Does it mean that the security checks are clear and the supervisor is reviewing the officer decision,or they send it to the HQ or the officer need to review the case for the last time and send it to the supervisor? One more thing,why they mentioned that they inform the asylum officer with my inquiry?! If it is a security check matter,the asylum officer has nothing to do with it right? So please let me know what do you think about what happen and about the email that I received.Thanks.
Hi Jason: I’d like to thank you for your help and information.I had my interview since July and every time I visited the Asylum office they told me there is no information in the system.I sent many emails to check the status of my case but I haven’t receive any reply. However,I visited the office on Friday and talked to the supervisor (after waiting for more than 1 hour because they were searching for my file),she told me pending for a security checks which I doubt.However,I left the office.After 1.5 hour,I received a reply to my email that I sent on August.Here is the reply: ”Your case is pending final review prior to a decision being rendered and served to you by mail.
We are unable to estimate how long the review might take, but we have forwarded your email so that your asylum officer is aware of your inquiry.”
Hello,
Thank you very much for this website. I do have a question about background checks. I applied for asylum nearly a year ago and still waiting for the interview. I received my EAD 2 months ago and applying for jobs nowadays. Is there any kind of security clearance that I can get at this point? (at least minimal background check?)
Thanks in advance.
There are all sorts of security background checks for different jobs. You may qualify for some of them, but you would have to talk to the employer about that. Take care, Jason
Hello Jason,
I’m 18 years old,i had a frist interview on May 2017 for my asylum application,now I got an appointment for a second interview.
The first interview ,I have the feeling that it’s didn’t went that good ,it’s was really long,but there is new evidence to my case about my father,articles on the net and stuff.
What can I expect for this reinterview ? Will i have to retell all the story again?
Sometimes, the second interview is just to ask a few questions that were forgotten the first time; other times, they do the whole thing over again. If you have new evidence, you should try to submit it in advance. Different offices have different rules – in Virginia, for example, you have to submit documents one week before the interview. If you cannot submit them in advance, certainly bring them with you and give copies to the asylum office. Good luck, Jason
Hello Dear Jason,
Did you have any idea why the EAD renewal is taking long time now to be processed?There is there any new law peoples are saying that there will be no more interview and EAD application for all kinds of refugees even you enter the USA legally?is that correct or it is false information?Please do you have any informations about this matter?
Thank you,
Jackson.
EADs are still being processed, and people are still being interviewed for asylum (I was at an interview today). EADs are moving more slowly; I do not know why, but we are observing it for many clients and also people commenting here. Hopefully, you will get the EAD in less than 5 months after you filed. Take care, Jason
Hiii Jason I had interview in Nov 2016 in San Francisco court my case is still pending can u recommend I will do the request to judge for decision Is it good if I do request
If the case is in court, the judge should have given you another court date to show up. If not, you can call the Judge’s clerk to ask about that. You can find the phone number if you follow the link at right called Immigration Court. Take care, Jason
Hi Jason, I had my asylum interview in January 2015. I went for this interview with my entire family which includes my sister in law my sister and my brother and my nieces and nephews. What is funny and confusing is that my Sister in law and my nieces and nephews got approved January 2017 and my brother my sister and I, have not heard anything about ours.
I wrote the asylum office where I was interviewed a letter about a month ago inquiring about the status of my pending application and I haven’t heard anything back.
Don’t know what to think at this point.
Such delays are pretty common, and we have seen cases where one family member is granted and another has to wait (though usually if one person is granted, the others will be granted too). You can also email the asylum office or go there in person to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. In addition, you cannot contact the USCIS Ombudsman (a link is at right) and they sometimes help with delayed cases. Take care, Jason
Thank you so much for your reply and all you do here. I wrote the asylum office like a Month ago and because I did not hear back I decided to seek advice on your platform, I even went ahead and emailed them today not knowing that my approval was on its way to me already. I got my asylum approval today. I’m more than happy and grateful to God. Thanks Jason for the great work you are doing.
Great news! Thank you for sharing and welcome to America, Jason
Dear Jason, I find previous discussions here informative. I haven’t received any notice from USCIS regarding my pending asylum application 9 weeks after my interview. But yesterday I had successively renewed my driver’s license (our state allows asylum applicant to renew DL). As part of the process, the staff had verified my information online with DHS and printed out a letter from https://save.uscis.gov, which shows “System Response: Asylee – Employment Authorized” and “Date Admitted to: Indefinite”. Does this mean that my case has just been approved? Thanks.
It may mean that, but it is not certain. I recommend you contact the asylum office and ask them. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason, I have followed your advice and emailed the Asylum office but have received no reply. I was wondering if my case has been approved but they need more time to issue my EAD card? Will I receive the approval notice along with the EAD card together, or separately? Thanks very much.
I don’t know whether it is approved, but normally, you receive the approval notice first and the EAD card later. If the office is close by, you can try going in person to ask about your case. Take care, Jason
Hi Jason, I have just inquired my pending asylum case with the Arlington office where I was interviewed, asking if background security check is the only problem to keep me waiting so long. They replied “Yes, you are waiting for your background to clear. I still cannot give you a timeline as to when it will be completed.” Is this somehow a good news? I understand that if they decide to decline my petition straight off then they will not send my info for security check; if they are inclined to grant my asylum, they will need my background to clear. I am not sure what this indicate.
I do not think it indicates anything good or bad. I think they do the security check on all cases, even cases that are denied. I am not sure about that, but we have had one or two long-delayed cases that were ultimately denied. Whether the security check caused the delay, I am not sure. Take care, Jason
Hey Jason,
I was referred to the judge for my asylum case. Before the result came out , I was already married with my girlfriend who is a US citezen. We are thinking to adjust my status to mariage based on green card. I was wondering If I have to put the asylum case on hold , or should I proceed both file at the same time?
Also, should I wait 6 months in order to apply for the green card ?
The procedure to apply for a green card is different if you are in court or not in court (most importantly – don’t file the I-485 with USCIS yet, as you may very well lose your filing fee and have to pay again later). Usually, once you inform the judge that you plan to adjust status, the case will be put on hold until your wife’s I-130 petition is approved, and then the judge will either schedule you for a court date to grant the GC or, more likely, terminate your case so you can apply for the GC with USCIS. You should talk to a lawyer to help get you through the process and make sure you are eligible, as there are some pitfalls and it is worthwhile to get it done correctly. Take care, Jason
Hello jason, thank you for helping,
I filled my application for asylum last year on March 2016, and i had the interview two weeks ago, they send me the notice for the interview one day before the date of the interview, after two days they send me notice of action that they using my fingerprints i already did before for background check, two days after this notice they send me another notice that i have to appear for taking my fingerprints for background check.
I just wanna ask: is it all Normal ??or it is indicator of bad ?
Thank you
I think this is normal. USCIS seems to call people for fingerprints at all sorts of times, and it may be that they just needed to update your prints. I would not take this as a bad (or good) sign. Take care, Jason
Dear Jason,
I am Chinese citizen and applied for Asylum in Dec 2014 because of religious persecution (Falun Gong). I have been interviewed by an officer from the Arlington center at the end of June 2017. Although the officer told me that I should be able to receive a decision by mail within 3-4 weeks after the interview, I have received nothing until now. I am not sure if I should continue to wait or find other ways to stay in the US. I would rather prefer my case be denied so that I can focus on other ways of getting green card immediately. In fact, I have talked to a lawyer and she is willing to help me file an EB1A petition (with premium), through which I can receive a decision just within 15 working days. I am not sure which is better. Thanks for your help!
Be careful about lawyers offering EB1 visas – Unless you have some other status in the US (aside from asylum pending), you would have to leave the US in order to get the green card, and this may not be possible (depending on the facts of your case). Some lawyers will take your money to do the first step of the EB1 even when you are not eligible to complete the process, so make sure to ask about this before you start spending money on the EB1. As for the asylum case, you can contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. It is very common to wait a few months (or more) after the interview for a decision, and so I do not think there is reason to give up on the asylum yet. Take care, Jason
Thanks for your reply Jason. I have a H1B visa and am working for a university. My asylum case is affirmative instead of defensive so I don’t have the problem of being removed. My concern is: if my I-140 petition (EB1) and I-589 (Asylum) petition are both approved, is there any problem for the next step (i.e., I-485)? Do they interfere with each other? I ask this question because if I file EB1 at this moment, chances are that the two petitions will receive decisions around the same time. Thanks for your help.
In that case, as long as there are no inconsistencies, you should be fine. An EB1 adjustment of status is normally compatible with asylum. Take care, Jason
Hello Mr: Jason how are you???
My name is Patricia . I would like to make a question. I already pass on my interview on asylum offices and I received the letter that said that I was recommended to approval, but is already past 3 months and they don’t give me any information about my case status. I’m from Rio de Janeiro Brazil and I don’t think that Brazil is in the list of terrorist organizations. Could you help me to get some information about this delay???? They told me to come back two months after I received the letter and they said to come back in two more months. To be honest I’m very scared about this!!! Thank you so much for you help!!!!
I doubt that the security background check is the problem either, as Brazil does not usually get that type of scrutiny. But on the other hand, it is difficult to understand how they operate. I will say that it is very rare to get a RA and then they change their mind, so I think you should not worry. Also, we have seen long delays after a RA, but I always assumed it was because of the background check. Unfortunately, there is not a lot you can do about this. You can go back and inquire, or you can send them an email to inquire. You can find their email if you follow the link at right called Asylum Office Locator. Hopefully, you will get a final decision soon. Take care, Jason
Thank you Jason,
Yes the officer asked the bar questions.
Also I have to insist for him to take the additional documents that I never submitted before like police affidavit,doctor medical report.the officer was telling I have everything here while the I never submitted them.he finally took them and made some copies and returned the original to me.is that was wrong for me to insist so that he can take the additional documentation?
Finally what advice can you provide us please?
Thank you for your time,
Jackson.
I think you were probably right to insist – the officer seems not to have been very familiar with your file, since he did not know what was in it, and hopefully that will cause him to look at your documents. I don’t know what advice you need now – wait for the decision and hope for the best. Take care, Jason
HI Jason,
I filled my application in 2014 and was called for interview in may 2017.before that my EAD was expired February 2017.and my wife EAD also was expired two days after mine.we renewed it and w payed the also all the required fees for renewal.the interview was in Chicago.
my question is:when I try to check the our EAD progress there is a n automatic answer that your case was received.but after the renewal they sent us a notcice letter to show to our works that extend automayicaly our EAD to up to 3months.so is this depend on the on the uscis interview decision on our case or is that something else.we renewed our drivers licence with the same notice from uscis that extend automatically our EAD up to two months until we receive the new EAD cards.
After the interview the officer just told us if we change our address we must send a notice to uscis for such change.
My second question is:in the asylum application I’m the main applicant and I included my wife, my two sons 6 and 8 years old who live with me here in the U.S.A but before the interview the officer asked my wifw and kids to go in the waitin room and after the interview the officer called my family back in the interview room but never asked any single question to my wife.we are from congo democratic.
we still waiting for the decision from uscis until today.
also during the interview when the officer ask a question,after I give him the answer and trying to go in details ,he was stopping me saying okay okay…and pass to the next question.why that?
My last question is a have received two tickets (speed)from the police and in both occasions I went to court and all my tickets was payed in full.IS those two tickets can affect my case?
I’m so so sorry for keeping read my long message.
waiting to hearing from you,
Thank you.
I think the asylum case and the EAD renewal are not related. Maybe you should contact USCIS to check the status of your EAD renewal. You can find the phone number on their website, http://www.uscis.gov. Normally, the officer should ask each person the “bar” questions (Are you a criminal? Are you a terrorist? Etc.). If the officer did not do that, you may be called back for a second interview. As for the officer stopping you, it is hard to know whether that is good or bad (though it does certainly sound rude). Maybe he had enough info and did not need any more. Speeding tickets should not affect your case. Take care, Jason
Hello Jason,
Thank you for your help. I was just wondering if delay in decision is usually related to good outcome. I have heard the outcome isn’t related to the delay. Is that true from your experience?
I think it is not really related, though I can tell you that, of our long-delayed cases that have gotten decisions (and there are not so many), it is pretty rare that they get denied. I remember it happened once. The things is, I do not know if that is a better “win” rate than our cases that our not delayed, as I do not really keep close track of these things. So the short answer is, I am not sure, but I suspect that a long delay does not necessarily correlate with a good result. Take care, Jason
Hi Jason,
My interview was in July,2016. I have been waiting with no decision yet! I saw a supervisor and she said its still pending, security check! Then emailed and they said its in the HEADQUARTERS pending review. Shall I file a mandamous or just wait forever! How long does it usually take the headquarters
Many people wait a long time, especially people from Muslim countries. It is worse for men than for women. Before you file the mandamus, try the USCIS Ombudsman – a link is at right. If that does not help (and it probably won’t), then you can try a mandamus, but hopefully you can avoid doing that. Good luck, Jason
Hi Sarah,
I was interviewed in same month of your interview, same situation, tried to ask about any progress and they said it in the headquarters. Please update if you get any new news and same I am.
Sincerely
Hi Sara,
The date of my interview was for June, but still I am waiting for decision.
They told me I have to wait for getting result by mail.
Hey Jason
Thanks for helping asylum applicants.
I had my interview 2015 and still waiting for decision, and granted TPS status since then.
My question is, if I don’t apply for TPS for the next period and keep my status as pending asylum application, could help to expedite issuing the decision with the asylum office?
I think it will have no effect, but in truth, I am not sure. The asylum office sometimes delays cases if a person’s file is with another part of USCIS. This often does not happen, but I have seen it before, and I do not know why. Maybe you could contact the local asylum office and ask whether your TPS case is delaying your asylum decision. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jadon,
I had my interview on January 5th, 2017 in San Francisco, Ca anf I’m still waiting for the decision, 7 months already. I askef for help the local Congressman and he received this answer: ,,Ms. C case is still pending adjudication. We have checked into your constituent’s case and we are monitoring progress related to it. However, unresolved issues in Ms. C. case require a review before a decision can be rendered. Unfortunately, we cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related to her case. As an agency, we must weigh individual inconvenience against the broader concerns of public safety and national security.,,
What this suppossed to mean, hoe long it takes and what are my chances to be granted?
Thank you
There are often delays after the interview. In many cases, they are related to the security background check, and it sounds like that might be the issue in your case. You can contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also contact the USCIS Ombudsman – a link is at right. If none of that works, talk to a lawyer about a mandamus lawsuit, to force the asylum office to make a decision. Take care, Jason
Hello Jason,
Contacting you again as you have always been helpful.
My interview was in March 2017 in Newark Asylum Office and then we (me and my wife) went again in May 2017 and they asked a lot of questions from my wife, not me.
I am still waiting for the decision. Contacted Ombudsman and they also said that USCIS are actively working on my case.
Is my case in background check? and what else should I do instead of emailing them as they always give a standard reply?
By the way I am from Pakistan and applied on religious basis (Ahmadiyya Muslim)
I think you will just have to wait. It is very common for there to be post-decision delays, and there is nothing really you can do about it. You can go there in person to inquire, but it probably won’t make the case any faster. At some point, if there is no response, you might file a mandamus lawsuit, but you are a long way from there since you really have only been waiting 2 months since the last interview. Hopefully, you will get a good answer soon. Take care, Jason
hmm thanks 🙂
Hy one of my friend has applied fr asylum in uk .Its been 14 months he has got no updates on his case last he got update of 6 months after his interview tht the goverment needs time to make decision after that no updates he has been posting letters from month to home office .His lawyer has posted mails in two moths n still no updates what shuld he do
I am in the US; I do not know about the UK. Sorry, Jason
Hey Jason,
As I told you before, I had my asylum interview on February 2017, I still not got my decision yet. I requested an inquiry for my case, the local office said, I am still pending, they haven’t issued any decision yet. They said, they are waiting for my background check in order to decide on my case. My background check is very clean, I have never been arrested or got a ticket from the police. I am a student In Nursing major. I am getting my Bachelor this year. My lawyer said , I have a strong case, and my country political problems is going so bad. I was wondering why my background check took too long? My country is Congo , in Africa.
Background check delays can be caused by many things, not just a “bad” record. Maybe you have a name similar to someone the US government does not like. Maybe your region of Congo is unstable and it is difficult to get whatever info they need. There can be many reasons. You can make periodic inquiries, and you can also use the Ombudsman, as discussed above. If nothing works, you can try a mandamus lawsuit – talk to a lawyer if you want to pursue that option. Take care, Jason
I’m a syrian applicant, i applied for asylum in december 2014
I had my inteview on march 29th.
My sister was called and had an interview two weeks after regardless of the wait time.
Our pick up notice was canceled to a mail out and we are still waiting since then,
Do you think we should go and try to talk to a supervisor and ask about the long delay, our asylum is based on religion( christains)
We both are accountants and have good jobs.
This long wait is stressing!
If you think going to the office and trying to talk to a supervisor would help, can you please help me with what i should say.
The officer had a good attitude when we both were interviewed seperatly since we are adults and we have seperate cases.
Is the new travel ban decision by the supreme court affecting the asylum cases. We applied here( we didn’t come throught the UN )
Thank you.
The travel ban does not affect your cases. I think the supervisor will not see you (though I suppose you can ask). Maybe it is better to just email them and ask about the status of the cases. But these delays are very normal for people form Muslim countries – they are stressful, but most people have the same problem. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey again jason,
I talked to you about a week ago that my interview was a few months ago and i’m still still waiting for an answer and you said its normal for syrians applications to take long,
Today i got a call that me and my sister have an interview in august, and i think it’s seperatly.
I asked her if it’s a reinterview she said no it’s some additional questions!
I don’t get it jason, syrian christian asylum case, what would be the reason?
Thank you and i appreciate your help!
It could be anything – maybe they forgot to ask some questions, maybe the security check raised issues, maybe your officer did not take good notes. I recommend you review the whole case and be prepared to answer questions as if this is a first interview. Good luck, Jason
“correction”
Please note got grant of asylum 2016 in stead of 2013.
This,
Simon
Dear Jason,
Hope u are keeping well by the grace of God.
Please note I am a principal applicant and got grant of asylum june, 2013, now applied for adjustment of stays with I-485. As I am the principal applicant therefore submitted original G28 for me and copy for my derivatives family members. Now USCIS said that the G-28 is not valid for my spouse and childrens as the original with me. My one is okay.do i need to submit G-28 again signed by the Attorney for each of my family members name or this an simple issue?
Looking forward listening fm u soon.
Regards,
Sm
The G-28 is the form that tells USCIS that you have a lawyer. Each person who filed an I-485 needs to submit a G-28 (if they are each using a lawyer). Of course, this is something your lawyer should know, and if the lawyer does not know about that, it is a concern, so be careful. Take care, Jason
Dear Jason,
Thank u so much for the information you provided.
finally, I got the G-28 signed by the Lawer and submitted to the USCIS for each of my family members as they’re also granted asylum and under the process of Change of Status ( I-485).
Your information’s help me the lot to get it soon.
stay well and have a great day.
Thanks,
SIMON
Hello,
I’m a citizen of Ukraine. I had an interview in June 2013 in Los Angeles. In the interview, I provided a few documents for security check. I’m waiting for my decision for more than 4 years. Is there a way to speed up my case?
First, contact them and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also contact the USCIS Ombudsman – a link is also at right. If these do not help, you can try a mandamus lawsuit. But for that, you probably want to hire a lawyer. Take care, Jason
Hi!
I called and visited asylum office.
Also, I contacted USCIS Ombudsman 2 month ago. No answer yet. Should I try mandamus lawsuit?
Do you know any good lawyers in Los Angeles?
I don’t have a lawyer to recommend. You could look on http://www.aila.org; maybe that would help. You can talk to a lawyer about a mandamus lawsuit, maybe it would work. Let us know if you try it. Take care, Jason
Hello Jason,
I just had an interview, since that I have the question.Does anybody get decision in two weeks? Or everybody gets delay?
Thank you
Some people get a decision in 2 weeks. We just had a case that was a mailed out and we got the decision about 8 or 9 days after the interview. For non-Muslim countries, decisions are usually (but not always) faster. Take care, Jason
Thanks a lot
I’m from Europe country.
My spouse was not in the initial application;however, officer added spouse on the interview.He said that biometrics come fast and hopefully,we get decision in two weeks without any problem. Because of spouse’s beometrics and background check, I’m worry here “good” chances to be stuck for 2-3 years before decision. I know everybody’s case is unique,but what do you think about my situation?
Thank you again
I think the officer was trying to do you a favor. I do not know how much delay the spouse’s background check will cause, as (like you say) every case is different and this issue is very unpredictable. I would be a bit surprised if the decision came within two weeks given that another person was added to the case. If you do not get a decision soon, you can contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
Thank you again for your help, is it true that when the case is denied or referred to an immigration judge the decision will be faster? So if the case is denied, you will get the decision within two months after the interview, while if it is approved it will take longer for the security checks? Thanks
That is not my experience. Sometimes cases are delayed a long time and denied. I think you cannot predict the outcome based on the waiting time. Take care, Jason
Hello jason, that you for the info provided in the article, they are pretty helpful.
I have an asylum case ( based on religion )
I waited 2.5 years and recently got interview in the end of febreuary.
They gave me a paper after the interview that i should go teceive my decision in hand in two weeks, later on i received a mail that cancel that paper and tell me that i will receive a mail out, a week later my sister that has been waiting too ( not as long as me) receives a call for an interview.
They gave her the two weeks decision pick up paper for both of us after her interview.
Two weeks later we receive a mail that our decision will be mailed and its been more than 45 days and we haven’t gotten any thing.
Where do you think the delay? Its a religious asylum ( we are christians)
We both are accountants work hard, no issues, not even a speeding ticket on our records.
Thank you in advance.
Alfred.
It is very common for pick-up decision to change to mail-out decisions, so this is nothing to worry about. In your case, probably they want to review your case and your sister’s case together before they issue a decision. Also, there are all sorts of delays getting decisions, so it could also just be a normal delay. There is no harm in contacting them to ask for the status of the case(s). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
I am asylum seeker and I had interview couple weeks ago. I have been waiting to get my result. I have a very strong case and I have a very good chance to get positive result. I have a girlfriend in Iran and we want to get married. If I get my approval result, how I can bring her to hear. I mean is there any fast way to bring her? How should I do? what is the best way to bring her?
Best,
Unfortunately, there is no fast way to bring her here. If you were married before the decision, you could bring her here using form I-730. But if you are not married, you have to wait until you have a green card and are married, and then you can file for her, and that part takes another 2 years (more or less). Maybe she can find a way to come here on her own – tourist visa, student visa, work visa. That would be the faster approach if she can manage it. Take care, Jason
Hi Jason,
Sorry for the long comment in advance, and thank u for all the goods u offer us.
Today I had interview with Asylum officer, San Francisco.
I had written many articles against Taliban, and Islamic radicalization, I was government employee too. And I received multiple death threats, two was calls and three was well documented threats that available online.
Well, my Asylum officer was a woman. She was pretty friendly, there were alot of things in my application and affidavits that she could make tricky questions from them, but what happened is that during the interview she just ask me about two dates, and the remaining interview was the way that she first was giving me a little details and then asking me to give her more details, means she was helping to explain my case in a better way… And sometimes she was confirming the information that I gave her, like I was giving here information about country condition, and she was confirming and saying yh I know about these things happening there, and giving me a signal that I am in a right track. She had alot information about Afghanistan.
My lawyer told me that I did a great job, and as much as I know I did really well in the interview.
But still there is two things that now comes to my mind,
One that she asked me how I felt about the regime of Taliban, I told her that I was kid at that time, 7 or 9 years old, then she asked me what your father told u about the regime, I told her that I specifically dont remember what my father told me about Taliban, ( the fact is that my father is very much against Taliban, but I really missed to add this point)
And I added that when I was 19 my family moved to other state, and I remained in Kabul for educational purposes; – I was just graduated from school, so I was not too much in contact with my family, then she told me what when u was in school, what did your father told u at that time, i again said I really specifically dont remember ( she did not ask me about what my father views are about Taliban, if she did, I would have gave her good details).
Now another question arise that I told her I remain for educational ouposes in 2009, but in my application that highest level of my education is 12 grade. This is true that I remained for educational purposes but I did not pursue education… And she did not ask me about the university, now I am worried that she would have take it the way that I have university education, and did not mention it in my form.
And yh, since my I had written too much stuff against Taliban and I was government employee, the whole interview was somehow about my views against Taliban, and kinda political debate, like why Taliban’s are bad, what they do, why they do terrorist activities, and about my job, she make me discuss my whole job and the gov agency that I used to work with… And she had pretty good information about my job and office, and was sometimes making points too. Lol, and the good things is that I was pretty informed about my job, office and my political believes and was able to discuss it the best possible way.
Now I am worried the above mentioned two points, about my father and about the university. Will that affect my case?
Thank u
It seems to me that if these were major concerns, she would have asked you more detailed questions. So my guess is that she is satisfied with your answers. In any case, these points are not directly related to the heart of your case, and so it may not have been a big concern for her. No interview is perfect, and it is easy to second guess what happened. However, it sounds like you have a strong case and did well, and hopefully that will be enough for a grant. Remember – you only have to show a 10% chance of persecution to win, so if you wrote things against the Taliban and they threatened you, you have a strong case. Good luck, Jason
Thank u very much Jason,
Hope to get the grant NEWS.
Dear xy , I hope you are doing well and I hope you received grant of your asylum .
Hi Jason,
It has been more than 2 weeks since i was interviewed. Because I had submitted my asylum form for in 2014 and i got interview in April 2017, the officer said she will send a notice first, so i would have to do my fingerprint again. The one for 2014 has already expired which is understandable for me. Now, It has been more than 2 weeks, no fingerprint notice or final decision for my case. Is it possible to ask by myself at uscis for being fingerprinted? or do i still have to wait for the notice?
Thank you for waiting to get your advice
Decision can take a long time after the interview. You can contact the local asylum office to ask about the fingerprint appointment. You can find their contact info if you follow the link at right called Asylum Office Locator. They probably need to give you an appointment; I think there is no way to do it on your own. Take care, Jason
Can I ask you what month in 2014 submitted your application and what office?, Just to have an Idea because I subbimeted mine in November 2014 and still waiting for my first interview.
Thank you,
Hii Jason if my parents had interview in us embassy with me and I was 16 year old it was like immigration visa they no give the visa . And I told to judge I don’t know about the interview that my parents was given. It is any effect on my case . My case is pending now … thanks jason
If you went to the US embassy, the US government will know about it, so if you try to lie about that, they likely will discover the lie. This can (and probably will) have a negative affect on your case. Take care, Jason
But my mom did not tell me about the visa that’s why I don’t know before. Thanks jason
So any suggestion for that condition sir
Thanks
Hi Jason.
thanks for your information. I have a question,
my family and I applied for asylum in April 2014 but we never heard anything about it or about the interview since that. is there any way I can check on the status of the application? and is the asylum for Syrians different from others?
thank you.
Asylum for Syrians is the same as for others. You can contact the asylum office to inquire about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
My wife applied for asylum and 50 days ago she had interview. She added me to his case on the interview day and they told us come back for decision after 2 weeks but the day before we go for decision they called us that it’s not ready and need background check.
My questions are that when the decision will be ready? Can I apply for work permit even I don’t have SSN and didn’t fingerprint?
Thanks for your help
If this is an affirmative asylum case and you were added, you should be eligible for the work permit. If you do not have any documentation that you were added to the case, maybe you can contact the asylum office-or go in person-to ask for something. You can find their contact info if you follow the link at right called Asylum Office Locator. It is pretty normal that decisions are delayed like this, and sometimes the delays are pretty long. Good luck, Jason
Hi,
Could you share your experience?
Did you get your biometrics and work permit?Did you get decision? What office was it?
I had the same experience with adding of spouse on the interview.
Thank you
Steven May 3, 2017 at 3:55 pm
Hey Jason,
I had my asylum interview on February 2017. The officer told me, he will mail my decision within two weeks. My attorney told me I had a strong case. It has been almost 3 months I haven’t got my result. I tried to request a Status Inquiry from the asylum office , and they said , my case remains pending. A final decision has not been issued.
I’m in a relationship with my girlfriend who is a citizen since 2015. We have been together almost 3 years. We both live together. We have the same name on the lease, same bank accounts, same life assurance since 2015. I was wondering if I can get in trouble if we decide to get married.
Can you answer me please? Thank you!
Let me know if you did not get the answer when you last posted this, and I can reply again. Thank you, Jason
Hey Jason,
I had my asylum interview on February 2017. The officer told me, he will mail my decision within two weeks. My attorney told me I had a strong case. It has been almost 3 months I haven’t got my result. I tried to request a Status Inquiry from the asylum office , and they said , my case remains pending. A final decision has not been issued.
I’m in a relationship with my girlfriend who is a citizen since 2015. We have been together almost 3 years. We both live together. We have the same name on the lease, same bank accounts, same life assurance since 2015. I was wondering if I can get in trouble if we decide to get married.
This is a very common story. The officers often say you will get a decision quickly, and then there is a delay. If you choose to marry, there is no problem for your asylum case. I suppose she could also sponsor you for a GC, but you might want to let the asylum case play out and see what happens, but that is up to you. Take care, Jason
Hi Jason
My wife applied for asylum and 50 days ago she had interview. She added me to his case on the interview day and they told us come back for decision after 2 weeks but the day before we go for decision they called us that it’s not ready and need background check.
My questions are that when the decision will be ready? Can I apply for work permit even I don’t have SSN and didn’t fingerprint?
Thanks for your help
I had final interview in November 2016 in San Francisco but the judge did not give the decision she give the other court date march 2017 . The government attorney wanted written decision can u tell me about my case what happen why judge could not give the decision
I am not familiar with your case, so I cannot say much. In complicated cases, or if the judge does not have time on the day of the trial, judges issue written decisions. Sometimes, they just set a future date as a reminder, and they issue the written decision before that date. If you have a lawyer, you can talk to the lawyer about it; otherwise, you will have to wait for the decision. Take care, Jason
Thanks jason r
Thanks Jason so what about the time procedure for these cases..
Sorry, I am not sure what you mean by the “time procedure”. Take care, Jason
Hello Jason
First of all, thank you for your great advise.
I had an asylum interview last month in Chicago. Today I wanted to check my status by providing my I-589 acknowledgement of receipt number online and it says “We ordered a new card”. Does it mean that my case was approved?
Thank you and waiting for your response.
Asel
Normally, you cannot check your asylum receipt number on-line. Sometimes, strange things happen if a case is granted and you are still waiting to hear about it. So maybe this is a good sign. I recommend you contact the asylum office directly and ask them. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
Thank you so much for very informative discussion on asylum. Congratulations for a good job!! I have a question about my asylum case which was referred to immigration court. I have an attorney, but the attorney told me that he wrote to the Executive director of chicago Asylum office about his (attorney) dissatisfaction by the decision of the asylum officer. He told me i had a strong case and I qualified as a refugee. Whereof the asylum officer wrote I didn’t meet the threshold.
My question:
Can the Executive director rescind the decision of the asylum officer if the decision has been mailed or it’s only through the immigration court ?
It is possible for the asylum office to reconsider its decision. That is pretty rare, and it is a high standard, but it does sometimes happen. It sounds like the lawyer tried that, and it is done, so your only option now is to proceed with the court case. Take care, Jason
i’m sorry, meant to say is my case still valid for another appeal.
Thanks,
Hi Jason,
i’m from Iraq and working for American firm as chief engineer for 15 years, fled with my family to Amman due to serious security threats, on 2010 was invited by my employer to USA to attend a ceremony as the company awarded me for achievement and excellence reward at the headquarters in NY, my wife was invited too, both of us had no issue to grant the visa in less than 24hrs, i applied to US resettlement program via direct access for Iraqis with US affiliations in late 2010, all interviews went good and promising but against all odds i received a denial around August 2011, it was stated that for the reasons of background check, country condition, testimony or documentations i was denied, i was puzzled and i could not really see anything but indefinite reasons, so i had to draft appeal with out sold basis as i had nothing to help me, after a year or so i was refused again, my company helped my to request FOIA which eventually revealed nothing significant to the case and some of the pages were redacted, have appealed again this time by the assistance of a lawyer and waited for year and a half to receive yet another refusal only a week ago. Through almost 6 years of hardship I tried to put hand on convincing reason to my denial so at least comfort myself but for no avail, until i read your note up here which you stated that some clients had to face consequence for they paid ransom to terrorists for their lives, and this made me recall my family incidence we faced before fleeing and made our testimony accordingly, the story is a group of gunmen stormed my house while i was away at work they assaulted my family and threatened to kill my oldest son, in my testimony i stated that my wife smartly begged the gunmen to take any thing in the house and leave the kids unharmed, but when the officer interviewed my wife, told her you have material supported the terrorists, but my wife denied she told the gunman to take any thing and insisted they did take house valuables by their own, the officer however told my wife that i stated she did, there my wife insisted on her stand and told the officer (my husband was not present when the incidence took place) which is true.
i’m sorry for the prolonged note, and would appreciate if you tell me if our testimony has damaged our case and if so what can we do now or is it too late.
Many thanks
Giving the gunmen your belonging may be the issue, especially if the interviewer mentioned “material support of terrorists.” She “gave” them the belongings due to coercion, but still, this could be the problem. There are some USCIS memos that address the problem of material support and coercion and (if I recall correctly), they allow for an exception to the material support bar for people who were coerced. Nevertheless, this could be the problem, as an basis to deny could be used to deny such a case. You or your lawyer could look for those memos and maybe try to use them to help you. Or, if you are in the US or can return here, you can ask for asylum here and use the memos to help explain why you are eligible for asylum (Trump’s executive orders indicate that they will re-evaluate these memos, but I have not heard any further news about that yet). Take care, Jason
Thank you, Jason for the info, however i still wonder if contradiction between my wife testimony and mine could have been a problem too? bearing in mind that i wasn’t attendant at the scene to witness the assault when it took place.
Secondly: do you know by any chance if the Trump executive order intends to re-evaluate related USCIS memos in the positive or negative sense?
best,
It is possible that a contradiction in the testimony was the problem. I suspect that the EO’s intent was to make it more difficult to get an exception to the material support bar, but so far there has been no changes. Take care, Jason
Much obliged to you Jason, 1 last thing, is my case still valid for another petition to appeal since i have ‘A-file number’ with USCIS, if so is it worth filing being out of the Stats in my case, or is it being out of the running.
Many thanks,
Sorry, I do not know what you mean by “petition to appeal”.
Hello,
I was interviewed for my asylum in march of 2015. my interview in Chicago and it went really well,but they told me i would get a decision in the mail in couple weeks. its been almost two years. i have not heard anything. i went to the office and they told me they are way behind and they do not have enough officers to look into cases. Do you recommend to do anything?
Also i have been in a relationship with my partner for over two years and we wanna get married, but i am not sure if it is worth it to pay all the fees for the application and instead i can get it for free and wait a little longer. from your experience do you think i should get married and pay the fees or just wait until i get any news. i am just scared of waiting and getting a no then get married and it will look a little weird. i would appreciate your advice…
It is unpredictable how long the asylum case will take, and your is going very slowly. Maybe you want to contact the USCIS Ombudsman – a link is at right. They might at least provide you more info. Also, if you want to marry, but cannot afford the fees, you may be able to avoid the fees by requesting a fee waiver, form I-912, available at http://www.uscis.gov. Take care, Jason
Hello,
I recently had a interview in SF Asylum office in November of 2016 . I was recalled for re interview in February of 2017 . I have not received my decision yet. I went to walk in check for application and they say my application is in background check.
I was convicted of wet reckless in Jan of 2017 . How does this affect my decision. I heard that most of the people with it get denied and the decision is sent to HQ for denial on the basis of my conviction. I dont know what to do in such conditions . I am going through rough times. Any word would help.
Thank You.
I do not know what “wet reckless” is, but a criminal conviction can affect your eligibility for asylum. If it is reckless driving, I doubt that would affect the case, but it depends on the conviction. Take care, Jason
Wet reckless is the plea bargain for DUI at the court with lesser probation time and lesser fines . We do noy grt ticket for it but a first DUI can be reduced to wet reckless .
I had a mideaminor conviction of wet reckless . Will this affect the case .!!
DUI statutes vary from state to state, so I cannot say for sure. But in most case, this does not affect an asylum case. Take care, Jason
I live in a state of California. I hope it does not affect my case.
Thank you so much Jason. I very much appreciate your response
I have a been following your post closely.
It has been a great way to soothe ourself and know the unknown to all the worried asylees. .
Thanks again
K
Hi Jason
I have been following this discussion closely.Thanks for everything you have been doing for those seeking asylum.I am just asking .I had my interview in june 2016 and was asked further documentation which i provided.Then my pending EAD was approved for category AO5 since then i have had no results.I contacted Ombudsman and in january i was told they contacted uscis and was given 60 days its just 3 days to the 60 days and no response what should i do? worth of note is that my DL is 6 years and my SSC is un restricted but i need my decision to apply for a travel permit and Green card.
Thanks waiting to get your advice.
I have seen this sometimes – A5 is the category for approved cases. I recommend that you (1) go to the asylum office to ask them in person about this, or if that is not possible, email or call them (you can find their contact info if you follow the link at right called Asylum Office Locator), and (2) contact the Ombudsman again. Otherwise, there is not much else you can do. I suppose you could consider a mandamus lawsuit, but I would try 1 and 2 first, and if that does not work, talk to a lawyer about mandamus. Take care, Jason