Old Asylum Cases Are the New Priority

As of December 2014, there was 73,103 asylum cases pending in Asylum Offices across the United States. That’s up from 65,759 in October, an increase of 7,344 cases in just three months (you can see the latest stats here, including a breakdown for each Asylum Office). So it’s clear that despite their efforts, the Asylum Offices are continuing to fall behind in terms of processing cases. Indeed, in the best month of the last quarter, the Asylum Office completed 2,947 cases. At that rate–and assuming no new applicants file for asylum–it would take over two years to get through the current backlog. This is not good, and the Asylum Offices are now making changes to deal with the situation. 

"Congratulations! It's finally your turn."
“Congratulations! It’s finally your turn.”

I’ve written before about the reasons for these delays. Primarily, it was due to a significant increase of asylum seekers from Central America arriving at our Southern border. As best as I can tell, the number of people coming here from Central America has not abated. Since most of these applicants are detained at government expense and because many of them are minors, their cases are given priority, at the expense of other asylum seekers.

So how were the Asylum Offices dealing with the increased volume, and what has changed?

Until December of last year, the Asylum Offices were attempting to process cases on a “last in, first out” basis.  Meaning, they skipped over the old cases and tried to process new cases. The logic was that if they started with the old cases, processing times would be greatly increased for new cases. If an alien knows her case will take several years, she might decide to file a frivolous case, just for the Employment Authorization document (“EAD”). The slower the case moves–the thinking goes–the greater the incentive for such people to file false cases. The fear of frivolous applicants taking advantage of the system in this way is not unfounded.

In the 1980s and early 1990s, when a person filed for asylum, he received an EAD more quickly. At this time, there were massive delays and cases took many years. The combination of long waiting periods and quick EADs encouraged fraud. I heard one anecdote from an INS officer who remembered a U-Haul truck full of applications arriving for processing. They were all boilerplate cases from China, filed by the same (probably unscrupulous) attorney. Even if the cases were ultimately denied, the applicants would have an EAD and be able to live and work in the U.S. for several years. Of course, many cases during this period were legitimate. In those days, there were very brutal civil wars in several Central American countries. As a result, many people fled to the United States.

In 1995, the law changed so that asylum applicants had to wait 180 days before they were eligible for an EAD (though they could mail the application for the EAD after 150 days). This was intended to reduce fraud. I have my doubts as to whether this change made much of an impact, but as the civil wars to our South ended, refugee flows decreased, and the Asylum Offices slowly reduced wait times.  By the time I went into private practice (in late 2003), asylum cases were interviewed a few months after filing, and most applicants received decisions a few weeks after the interview.

This all changed in early 2013, when large numbers of Central Americans–mostly young people–again began arriving at our border. The migration was not spurred by war, but by generalized violence from gangs and domestic abusers, as well as a failure by Central American governments to protect their citizens. The influx of new people overwhelmed the system and created the situation that we have today.

USCIS (the Asylum Office) has been struggling to keep up. Here is a recent announcement about their efforts:

The USCIS Asylum Division is hiring an additional 175 asylum officers, increasing the number of authorized asylum officer positions to 448. This represents a 65% increase since July 2013. As of January 2015, the Asylum Division has 350 officers on board and continues to hire and train new personnel. During 2014, USCIS also trained and temporarily detailed officers to the Asylum Division to assist with the increasing workload. 

Unfortunately, their efforts have not been enough. As of December 26, 2014, they abandoned the “last in, first out” system. Now, the Asylum Offices will process cases in the following order of priority:

  • First, applications that were scheduled for an interview, but the applicant requested a new interview date;
  • Second, applications filed by children; and
  • Third, all other pending affirmative asylum applications will be scheduled for interviews in the order they were received, with oldest cases scheduled first.

In other words, aside from rescheduled cases and cases involving children, the Asylum Offices will now process old cases first. So what does this mean? 

First, the good news. For those who have been waiting for two years for an interview, hopefully, your time is coming soon (though in my office, we have not yet seen any of our old cases scheduled).

Next, the bad news. If you are a new asylum applicant, you can expect to wait a long time for your interview. How long, we do not know, but I suspect that–even if they hire more officers, as they are trying to do–it will be at least a year. There are some minimal things to do to make a case faster (the “short list” and a request to expedite for emergent reasons), but generally it is very difficult to obtain a faster interview date.

And finally, the possibly bad news. We will see whether long delays encourage people to file more frivolous cases. If so, it will further clog the system.

As for me, of course I am rarely happy about change, and this change is no exception. I am glad that the government will start processing old cases. Those people have been waiting a long time. However, I wish they would give priority to people separated from their spouse and children–whether they filed two years ago or two days ago. It seems to me that single people can endure the wait much better. Like the old system, the new system does little to help people who are missing their family members, and to me, that is the real tragedy of the backlog.  

Related Post

652 comments

  1. I have some questions, I have applied for asylum since February 2015 and I am still waiting for an interview. Can I apply for a driver’s license or open a bank account or get a financial aid in order to go to college ( to study) while my asylum case is still pending ?

    Reply
    • You should be able to get a driver’s license once you have the work permit – you need to go to your state DMV to ask. Also, you should be able to open a bank account, but it may depend on the bank. You should be able to attend college with the work permit, but as for financial aid, you have to ask the school itself. It is certainly more limited for people who have asylum cases pending than for those who already have asylum. Take care, Jason

      Reply
  2. Hi, how are you Sir Jason. I’m staying in Chicago and I have some questions so I hope that you can help me with you advice. My questions are
    1- Can I do marriage with Indonesian lady in USA and give marriage case after married?
    2- What is the term and condition for apply marriage case and need what kind of papers?
    3- Let suppose if I do marriage with Indonesian lady and I haven’t get my green card yet then can I apply the marriage case?
    4- If my becoming wife is older then me and have 2 kids, then I need to apply marriage case that can also includes the kids?
    5- How long it takes for marriage case to get the approval?
    6- When apply for marriage case then my wife and kids can stay with me in USA?
    7- If my wife and kids can stay with me in USA then the kids can study at school and college?
    8- After submit the marriage case is it possible that my wife can do work in USA?

    These are my questions from you Sir Jason. I’m gone wait for you answer. Good luck.

    Reply
    • This is far too much for me to answer. These types of questions require a meeting with a lawyer. It will be well worth your money to hire someone to assist you with a case like this. Take care, Jason

      Reply
  3. Hello Jason!
    My husband applied for asylum 1 year ago and he include me in his case. But last month he is very aggressive,and I can’t live with him anymore. He bit me. Can I divorce and apply by myself for asylum? What can I do?

    Reply
    • You can apply on your own. However, you probably want a lawyer to guide you through the process, as it will be different than what your husband did. If you cannot afford a lawyer, try a local charity or a law school clinic. If you email the asylum office or go there in person, they may also be able to help you (you can find their email address if you follow the link at right called Asylum Office Locator). Take care, Jason

      Reply
  4. First of all i must appreciate the time and efforts made by respectable friend Jason Dzubow in assisting the troubled people from all over the world seeking residence in USA. Keep up the good work under blessings of God. Amen.
    There are few land marks in my case / problem. I will ask your advise on that.
    1… we asked for asylum soon after we landed at JFK on 10/20/2014.
    we were given alien cards and were told to appear before immigration judge when called upon by the courts.
    2…. assuming that our asylum is now filed, we waited 150 days and applied for EAD.
    3…. USCIS responded that there was no evidence that we were asylum seekers. i was advised to file motion to reopen the decision within 33 days which i could not as i was preparing my case.
    4…. I applied asylum application and the receipt for proper filing was obtained on 07/14/2015.
    5.,,,, we had first master hearing in NY on 10/08/2015 and next hearing is scheduled on 01/08/2019.
    6….. I understand that my asylum clock started on 10/08/2015 after my first hearing and i will be now able to file EAD after 150 days i.e. in middle of march 2016.
    7…. my question is what to do with USCIS VT letter that denied me EAD for the want of EAD, not replying them in 33 days and my option to seek reopening of the case besides getting the fee waiver… in short how to apply for EAD in March 2016?
    Thank in anticipation for a kind response from your side,

    Reply
    • Fist, you call this phone number: 1-800-898-7180. If you type your Alien number in, it will tell you how many days have elapsed on the clock (or whether there is a clock, and if it is still running). When it reaches 150 days, you can file for the EAD. If this is the first EAD based on asylum, there is no fee. You have to pay the fee for each renewal. As to the first EAD, I think this should not affect the new EAD. If you are concerned about that for some reason, you could always meet with a lawyer to discuss. Anyway, since your case is in court, hopefully you have a lawyer to help you, as that is very helpful for court cases. Take care, Jason

      Reply
  5. I applied for asylum in 2013 AUG at asylum office Chicago and still waiting for my interview, any idea why is taking too long? Thanks for assistance

    Reply
    • The delays are caused by large numbers of asylum seekers arriving at the Southern border of the US. If this mass movement slows down, Other asylum case should start going faster. Take care, Jason

      Reply
      • Dear Jason, thanks for your reply, could u pls tell me what month of year Chicago office is currently conducting interviews for asylum seekers?

        Reply
        • Please see the Asylum Office Scheduling Bulletin. There is a link at the right, under Resources. Take care, Jason

          Reply
  6. Dear Jason,

    I have a question regarding movement.

    I live in the suburbs of Chicago, and recently moved within the same county. I have heard stories that it will take ages to process the case if you update your address (especially with current 2 year wait times).

    But recently while applying for EAD, I put my new address instead the one they have in their system.

    What do you think I should do in this case? Leave it as it is or take the risk and update it?

    Thanks a lot for your answer.

    Reply
    • Moving has no effect, as long as your move does not cause the case to change to a different asylum office. You are obligated to report the change of address using form AR-11, and it should not affect your case. If you move to a different asylum office, it could cause you to lose an opportunity for the work permit, but moving within the same county will not cause any such problems. Take care, Jason

      Reply
  7. Hello Mr. Jason,

    Could you please tell me about the time between the notice for interview and interview itself? I am worried about quick notice that may cause problem in a way to practice interview.

    Also, If I live in one city and my lawyer live in another city, can my lawyer goes with me on the day of interview?

    Reply
    • Typically, you have about 3 weeks from the date of the notice to the interview. If you check the Asylum Office Scheduling Bulletin (link at the right), you will have a pretty good idea if your interview time is near, so you can get ready. As for the lawyer, if you have an agreement with her to attend the interview, she should go – but that is a decision for you and your lawyer, so you should maybe discuss it with the lawyer so you know whether she will attend and how much it will cost. Take care, Jason

      Reply
  8. Hello Jason,
    I have F1 visa, studying at Union Theological School in NY. My husband, who is living in Wisconsin included me to his asylum case. Lately, we receive a letter from Chicago office that said our application is currently under review. My question is can I apply driving license in NY although I have a pending asylum case in Wisconsin?

    Reply
    • I don’t see why that is a problem if your husband is the principal applicant and he lives in Wisconsin. Take care, Jason

      Reply
  9. Dear Sir
    I hope to help my with my family by give us any adviser . We applied for asylum at 1/23/15 and we did interview at 4/22/2015 after 5 month we received recommended approval . But before recommended approval we did refiner print and after we received new re finger , please we won’t to now if this action is good or no and we wont to know if you there is any way to speed the case because my waif is pregnant as well as I have to kids.

    Best regards

    Reply
    • I do not know how to speed the case. Hopefully, the fact that you got a second fingerprint notice is a sign that a final decision will come soon. If nothing happens in the next few months, you could try contacting the Ombudsman’s office (link at right) – sometimes, they can help. Good luck, Jason

      Reply
    • It si awesome that you got your interview in such a short period of time. As for me I filed in Feb 2015, it is almost Christmas now and still no signs of an interview.

      Reply
  10. Hello Jason,
    I have received a letter from Chicago Asylum office to day.
    The said USCIS records indicate that my file is currently under review. What time he can take to get decision and like the said it under review what they are doing to review the case?

    Thanks

    Reply
    • That sounds like a standard letter. If so, it does not have much meaning – you could get a decision soon or it could take a long time. Good luck, Jason

      Reply
  11. I have received intended to deny my asylum case on September 2015 but my husband got f1 visa so what can I do I have included him in my asylum case

    Reply
    • If your case is being denied, and you are still in-status, you may be able to switch to an F-2 visa based on your husband. If your case has been denied, you cannot add someone to the case – though I am not sure if that is your question. Take care, Jason

      Reply
  12. Hi Jason,

    I have some good information to share but also need your advice. I have applied for asylum in December 2014 and just received a Notice that I missed my interview last week. My asylum office is San Francisco, which means cases are getting scheduled faster than they appear on the USCIS website. Now, I’ve never received the original appointment letter and I’m pretty sure that’s because I am living with someone else and my name is not on the mailbox, so getting mail has been sporadic. Now it says in the notice I have 45 days to reschedule by submitting a written request showing I had a “good cause”. Could you give me some advice as to what to write in my explanation? Also, once I bring it to them, do you have any estimate on how long would I have to wait again for another interview? Any information would be appreciated.

    Thanks again for the great blog and tons of useful info.

    Reply
    • It is a problem if you can’t get your mail, and I do not know whether this is considered “good cause.” It is crucial that you get them to reschedule the case; if they refuse, your case will be denied. I recommend you find an attorney to help you. Not only will the lawyer (hopefully) know what to do, but if he files the G-28 form (showing he is your lawyer), the asylum office will send a copy of the interview letter to you and him – so if you do not receive the letter, your lawyer will. Take care, Jason

      Reply
      • Thanks Jason. Can a non-attorney file the G-28 form? Also, any idea on approximate wait time for another interview? Thanks again.

        Reply
        • It is for attorneys, accredited reps, certain law students, and maybe some others. As for wait times, I would say, re Scheduling Bulletin is your best bet, but that only gives a very vague idea. Take care, Jason

          Reply
  13. Hello Jason,
    I have very important questions. I applied for asylum in October 2014. My case is still pending. After 6 month I got my work permit and social security card. When I was apply for it , I am single. But I’m gonna get marry in US. My question is my spouse staying F1 visa in United States. If we are married can I be able to update my cases before my interview? And can she receive social security card like me ? What can I do ?Waiting for your response. Thank you so much.

    Reply
    • You will have to update your case before your interview. You can submit evidence of the marriage – in our office (Arlington), that must be done at least one week before the interview. But different offices may have different rules, so you will have to check. At the interview itself, you can update your asylum form to reflect your marriage and any other updates. You might also be able to join your wife as a dependent in your case, so she gets an EAD based on you. To do that, you should contact your local office and ask how it is done. It should be easy. Take care, Jason

      Reply
      • Thank you so much Jason. You save my life. But sorry for bothering you again. I have one more question. You said she can get EAD based on me , it means once I am approved from the interview then she can get her EAD or when I was update my case then she can get EAD? Thanks again.

        Reply
        • You can try to add her to your case, and once she is part of your case, I think she can get the EAD at the same time as you. You should contact the local asylum office and they should be able to tell you how to add her to your case (once you are married). Take care, Jason

          Reply
  14. Hello Jason,
    I have received a letter from Chicago Asylum office to day.
    The said USCIS records indicate that my file is currently under review. What time he can take to get decision and like the said it under review what they are doing to review the case?

    Thanks William

    Reply
  15. Also, in the cause of my escape to the US, many of my documents were missing including my membership card of the social group that I belong to, can I use only news paper articles and email messages from my wife showing how she and the children are being threatened as supporting evidence?
    Again, is there any way USCIS can speed up my interview considering my family that is in danger back at home?
    Thanks

    Reply
    • You will have to use whatever evidence you can get. If there is missing evidence, you will need to explain why you could not get it. You should know that even if you can expedite the case, it is unlikely your family could get here in less than a year. They may want to try to get a visa before you file for asylum, or maybe go to a third country where they are safe.

      Reply
  16. Hi Jason, I am Rene. I wish to start the asylum application process but I wish to ask the following questions:
    =my wife and children are constantly being harassed in my absence, can I possibly be given priority to be interviewed fast?
    =can I travel out of the US while my asylum case is still pending, like going to see my wife and children in a neighboring country?

    Reply
    • You can ask for expedited processing on this basis, but it is difficult to get. You can travel using Advance Parole. There are also problems getting that, but we have done it for people and it is possible. Good luck, Jason

      Reply
  17. I have made an interview at Arlington.The office has scheduled me to return back after two weeks on a specific day.what will happens? If I am not successful for the case what can i dol? I need your advise to arrange myself fot the next situation.

    Reply
    • Hopefully, you will get a good decision in two weeks. It is common that they contact you to tell you that the decision is not ready. Otherwise, the case will be referred to a judge, where you try again, or you will be given an intent to deny letter, which you will need to respond to. There is nothing for you to do now except wait. Good luck, Jason

      Reply
  18. Hi I have submit my asylum application about a month ago and I have t heard back .how Long does it take to receive a notice that they have received my application

    Reply
    • It can take up to two months. Make sure you sent it to the correct address. If you hear nothing, you can check with the local asylum office to see whether it was received. Take care, Jason

      Reply
  19. Sorry, problem solved, it says jurisdiction office. So I should be under San Francisco. Also, they are interviewing people who filed asylum case in around August and September, 2013, so, does that mean next month it’s gonna be people filed in October and November,2013? is this schedule time order or they just pick a year and a month? Thank you kindly

    Reply
    • Supposedly, they go in the order that cases were received, but I have heard about cases sometimes being interviewed out of order.

      Reply
  20. Hi, I know I can go to the USCIS to check on scheduled bulletin, but i applied in Seattle to San Fransico Office, where should I be interviewed? and it is Seattle or San Fransico? There is no Seattle office listed.thank you kindly/

    Reply
    • Seattle is a sub office of San Francisco, and I suppose you will be interviewed there. USCIS has not posted information about wait times in the sub offices (yet), but I suspect it will be slower than the main office. Take care, Jason

      Reply
  21. Hi Jason,
    I applied on July 2015, waiting for 150(180) to pass to apply for EAD.
    I already sent my I-589 form and received a receipt and also have my biometric fingerprint taken. Basically, I’m waiting to be called for an interview. So I have couple of questions, one being would it cause a problem with my case if I traveled to a different state without informing USCIS that I changed my address if it is only for a month or two as long as I can still get mail from the address I first submitted (they are family and they will inform me and I can also come back at any time incase I get called for interview while I’m out of state)? Second, can I go to college out of state that I applied?(will they know if I do)? Third, if I traveled by plane, could they know that I moved without informing them and also what documents do I need to bring with me expect my passport, receipt of I-589 and biometric fingering? BTW I do know I should inform the USCIS if I do move but I just want to know my option since it only for a short period of time.

    Reply
    • If you go somewhere for a few months and keep your old address, you probably do not need to change your address. However, if you move to another state to attend school, it is more tricky. There is no mathematical answer, but if the USCIS thinks you lied about your address, it could affect the decision in your case (if you lied about your address, maybe you are lying about other things). You are required to tell USCIS about schools you attend and jobs, so you should not hide that – if you do, and they discover it, your case will likely be denied. If you are not sure, you might want to consult with a lawyer to be decide whether you need to file a change of address. Take care, Jason

      Reply
  22. I applied for asylum in the USA this year. When I applied, I was a Muslim but then I changed my religion. In my country if they find that you change your religion from Islam to Christianity, they will jail you and you should be killed as Kafr. How should I inform the asylum office about my religion? Should I wait until the day of interview? What I need to show that I changed my religion?

    Reply
    • Each asylum office has different rules. In our office (Virginia), you have to submit all documents at least 7 days before your interview. You should check the rules, and then submit any additional evidence according to what is required. Take care, Jason

      Reply
  23. Dear Mr. Jason,

    I applied for asylum in March 2015 in Arlington. I haven’t been asked for the interview yet. I read your post that Syrian and Afghanistani are need more time after interview. Why is that? Is it both for male and female?
    Also, Is it a way for pending assylees to get a health insurance with lower rate?

    Al Rukia

    Reply
    • I know of no way to get discounted health insurance. You might want to contact Catholic Charities, as they seem to know about benefits, and there is an office in most cities. Certain countries seem to take longer, and I think this is due to the security background check. It is usually faster for women than for men. Take care, Jason

      Reply
  24. Sir I was applied my asylum in October 2014 in New York asylum office so what you think that Iam going to call for interview

    Reply
    • No one knows – you can get an idea, based on who is being interviewed now. This information is available at the Asylum Office Scheduling Bulletin – a link is at the right. Take care, Jason

      Reply
  25. Hi! Jason
    Thank you for your constructive comment. I was short list and now I have made interview at Arlington office. How long will take for decision? After my session how long will takes to reunite with my family?

    Reply
    • There is no way to predict how long it will take. Many people get decisions in 2 weeks, but other wait for months or even years. If you are not from a country like Afghanistan or Syria, hopefully, it will be faster, as the background check is less burdensome. If you are granted, you can file for your spouse and minor, unmarried children. These applications are also unpredictable, but 5 to 9 months is a good guess. Take care, Jason

      Reply
  26. Hi Jason
    I applied in Sept 2014 in Newark asylum office. Do you think I will also get the interview in next 2 months…

    Reply
    • I doubt it – Newark is currently interviewing cases from August 2013, so they have a way to go before they reach September 2014 cases. I guess we shall see what happens…

      Reply
      • Is Newark currently interviewing August ’13 cases? The bulletin says they are working on June ’13. I filed in August 10th, 13 yet received no appointment. Do you have clients from August that have been interviewed in Newark office? I’m tired of waiting and counting the days for this letter to come…

        Reply
        • The Asylum Office Scheduling Bulletin says Newark is interview cases from August 2013, so you are (theoretically) two months away. Whether it will take them two months or two years to get to August 2013, I do not know, but they have been making some (slow) progress, so there is reason to be hopeful that you will not wait too much longer. Good luck, Jason

          Reply
  27. Hi
    Do all the new applicants surely get an interview date that is far off from the 2 months time limit. Or there are cases where new applicants are in some cases getting interviewed with their decisions within 2 months.
    Thanks

    Reply
    • Unless you are an unaccompanied minor, you will not get a result for much longer than 2 months. You can see the Asylum Office Scheduling Bulletin, at right, which will give you some sense for how long it takes to get the interview. Good luck, Jason

      Reply
  28. Hi Jason,

    I applied my asylum case im Aug 2015 and soon I’ll be able to gey EAD,my question is about to traveling i have to travel to other state after a month so is it allow for me to travel for other states? only for visit purpose. I was thinking may be they will ask on airport my current visa limit is expired so i have some trouble for air travel like that.
    Can yiu2help me out about that,
    Thanks

    Reply
    • You should not have any trouble traveling inside the US. You will need a valid ID to board the plane, but otherwise you should be fine. Take care, Jason

      Reply
      • Thanks for reply back Jason…

        Reply
        • Brother Suleman I asked from american air line i also wanted to travel by air but they said u must have a valid US id only valid passport wont work in this case if u want to make sure please call any air line and ask them about airport security requirements

          Reply
  29. how i can try in the list on februery 2015

    Reply
  30. Hi Jason
    write you just to ask you what i can do because my case was pending since 2013 nerver received noting until now. what this the best way to contact us because without statut i can do noting serious .

    Reply
  31. Hi Jason
    how you doing, listen i was apply since 2013 until now my case still pending and i never received anything about the interview but the laws said :
    180 days
    The Immigration and Nationality Act (INA) provides in Section 208(d)(5) that the initial interview for asylum applications filed on or after April 1, 1997 should take place within 45 days after the date the application is filed, and a decision should be made on the asylum application within 180 days after the date the …Feb 4, 2015
    In that situation what i can do .

    Reply
    • There is an exception to that rule, which seems to apply to all cases these days. I list some ideas for making the case faster in a posting I did on February 26, 2015. In general, it is very difficult, but you can try. Take care, Jason

      Reply
  32. Hi Jason,
    I have question I applied for asylum in September 2013 after tree weeks the call me for interview it now two year am waiting my for decision. my lawyer wrote a letter to Chicago Asylum in April to follow up my case there is no any reply to that letter. I don’t know why? can you help with question.

    Reply
    • Sometimes there are very long delays after the interview – it is a real problem. You can try contacting the Ombudsman’s office (link at right), and you can also inquire with the asylum office. There really is not much you can do except inquire. You can also try contacting your congress person (link at right), though that is pretty useless). Hopefully, you will get a decision soon. Good luck, Jason

      Reply
      • Thank you for your response,
        I received a message from USCIS
        The said USCIS records indicate that my file is currently under review at Chicago Asylum Office. What next after review and what they are reviewing or the will ask me background check?

        Reply
        • There are many reasons that case undergo additional review. I doubt there is anything you can do except wait. But you can try contacting the Ombudsman’s office – maybe they will have more info for you. Good luck, Jason

          Reply
  33. Hi! Johnson,

    I have applied Arlington office in June 2014. After the consider my current problem the office has informed me I am in short listed. But yet they didn’t invite for interview. Is it rejected giving priority for short list by the new policy? Please respond me as usual. Thank you in advance.

    Reply
    • If you are on the short list, they should call you when an interview slot is open. They are currently not allowing new people to add their names to the list, but they are still calling people from the existing list. Take care, Jason

      Reply
  34. Dear Sir,
    I am a J-1 student, my J-1 status is valid till 2017. I have applied for political asylum since July 2015. I can apply for EAD in a month. My concern is about ny J-1 status, I wanna maintain my J-1 for some reasons, for example If they deniy my application I would be able to go back on J-1, plus I dont wanna my university know about my asylum application.
    The question is that if I get my EAD or I start working based on the EAD, will I violate my J-1 status? If I work with EAD, and my application is denied, will I be able to go back on J-1?
    I appreciate your cooperation.

    Reply
    • We have had people on F-1 get the EAD and work, and I do not see why it violates their status (and in fact, it has not caused any problems for any of my clients). That said, I have never researched this issue with regard to a J visa, and so really, I am not sure. I recommend you consult with a lawyer to research the question for you. I think the answer is that it will not affect you, but you really need to be more certain than that before you make a decision. Good luck, Jason

      Reply
  35. Hello
    Is the interview wait time for each and every one of the case ?
    Also what’s the current wait time on fresh applied cases. My friend from Colombia is applying for asylum need some help.

    Best regards.

    Reply
    • I understand that the wait time is 2 months . I also understand that in some cases it take more than 10 years. I just need to know wether every case goes beyond the 2 month wait period. And also what’s the wait period generally like for fresh applicants nowadays .
      Thank you

      Reply
      • You have to check the link. These days, affirmative asylum applicants wait at least one year for the interview, and in some offices, much longer.

        Reply
    • If you look at the right side of this website, I have a link to the Asylum Office Scheduling Bulletin, which gives information on each Asylum Office – this tells what month each office is currently interviewing, but it does not tell you how long you will wait if you file a case today (though it gives you some idea). Take care, Jason

      Reply
      • Thank you Jason. Your helpful knowledge is a big factor in planning the procedure for us new to this.
        Regards.

        Reply
  36. Dear Sir,
    I submitted my asylum application and was interviewed last month. I went to the congress office of my city and talked to them regarding my case. After they contacted the asylum office, I got an email from them saying that I need to wait one month ahead. Today, I got another email saying I need to wait three months ahead to get the decision of my case.
    From your experience and knowledge, what should I do now? should I visit the asylum office and talk to them? please may direct me? thank you

    Reply
    • I think it is very unlikely that anything you do will make the decision faster. The best thing is to be patient and wait. If you want to visit, I suppose there is no harm in that, but I do not think it will help. Good luck, Jason

      Reply
      • Thank you so much

        Reply
  37. Hi Jason ,
    Thanks for your information actually i have question I would like to know that I can travel by domestic by air because I have to go to Houston for some important work as I have filled my asylum case after getting the receipt can I travel by air domestically .

    Reply
    • It should be no problem to travel domestically. You need your photo ID (passport or driver’s license or work permit). I also recommend you bring with you evidence that your asylum case is pending (like the receipt notice or fingerprint notice). Take care, Jason

      Reply
      • As my visa has been expired and I have applied for asylum and my passport is still valid I would like to know can I travel by air on my valid passport or I should have a valid US ID to travel by airplane .

        Reply
        • You should be able to travel within the US, but if you want to leave the US and return, you generally need Advance Parole before you go. Take care, Jason

          Reply
  38. Hi Jason,
    I have a F1 visa and I will be completing my study soon. My husband included me in his asylum case and we have been fingerprinted, interviewed since October 2013 at Chicago center. But we haven’t got the decision. Can I apply for a religious visa while I have a pending asylum case?

    Reply
    • You can. If you are granted and if you are sill in valid F-1 status, you should be able to change to the R visa without leaving the US. This can be tricky (especially filing for an R visa while an asylum case is pending), and I recommend you consult a lawyer. Take care, Jason

      Reply
  39. hi Jason ,
    I would like to know i have sent my I-589 to Taxes service center on oct 20 2015 but haven’t got mt receipt yet can your please tell me any estimated time when i will have it after receipt please also confirm about finger print when i am going to have it .

    Reply
    • It usually takes 2 to 4 weeks to get the receipt. Fingerprint notices come after that. Take care, Jason

      Reply
  40. Hi Jason,
    I have a question. I came here with F1 visa, my wife who had a F2 visa applied asylum. She included me in the case. My concern is we haven’t been called for the interview and I have stopped attending classes because I don’t have enough money to pay for my fees. Am I legal?

    Reply
    • You are “out of status”, meaning that you (probably) cannot change to another status without leaving the US. However, if you are included in her case (meaning that when she filed her case, there was an extra page 9 of the I-589 form that you signed and that had your photo), you are legally permitted to remain here until her case is resolved, and you can get a work permit at the same time as your wife. Take care, Jason

      Reply
  41. Dear Jason,
    You are a good person because you are advising the person who are diconfert in various situation. I think USA is mother of world. She is contributed a lot to outsiders and humanright in my point most of the asylum applicants frustrated in delayance of there case and separated from there family indirectly they are dependent on the country economy. Why the current government not take it into consideration? backlogs not a solution instead utilize the current manpower with peace mind a better one? What do feeel about this?

    Reply
    • I do think USCIS is trying its best to deal with the backlog, but it is a difficult problem. I agree that separation from family is the biggest problem, and I would like to see USCIS give higher priority to people separated from their families.

      Reply
  42. Hi!

    The asylum case is going slowly, how long will take to clear the current backlogs?
    Is there any option arrange the government to settle the backlogs?

    Reply
    • I think there is no talk now of a holistic settlement to the problem, though that would be a great idea. How long will it take to eliminate the backlog? I think no one knows.

      Reply
  43. Can my spouse apply for DV if I am apply for asylum?

    Reply
    • Yes – if your spouse wins, he/she should talk to a lawyer to make sure you both can get your green card based on the DV lottery. Good luck, Jason

      Reply
  44. hi Jadon I would like to know i live in springfield virginia i have sent my asylum application to “Arlington Asylum office 1525 Wilson Blvd, Arlington, VA 22209 . before 10 days ago but i havnt got any reciept notice yet i want to make sure i sent the application to the right place or not please confirm.

    Reply
    • If you live in Virginia and this is your first application (and you were never included in anyone else’s application, like your parent or spouse) then you should file the form with the Texas Service Center, not with the office in Arlington. This information is available in the form I-589 instruction sheet. If you did send it to the wrong address, it is very possible that they will not send it back to you. You may want to contact Arlington and ask them, but probably you will need to send a new application to Texas. Your interview will be in Arlington, VA. Good luck, Jason

      Reply
      • i did a big mistake i sent my 1st application I-589 on Arlington asylum office and i came on oct 11th 2014 now its 19 oct 2015 my 1 year has been passed what i do now should i send the copy of the came application which i sent on OCT 8th 2015 or i should send another one with the other date please guide as i am in big trouble 🙁 ..

        Reply
        • You should contact the local office to see if they have a record of receiving your case. If not, you should file for case at the correct office as soon as possible, and explain what happened. I suggest you contact a lawyer to assist you in all this, as it is a problem to have missed the one-year filing deadline. Good luck, Jason

          Reply
          • thank u so much Jason for your guide line .

  45. Hello Jason,
    It possible to play Dv lottery while our Asylum case is pending?

    Reply
    • Yes – I wrote about that a week ago, or so. You can play, but if you win, you will need to hire a lawyer to guide you through the process, which can be complicated. Good luck, Jason

      Reply
  46. Greeting to you.

    I have applied asylum with my son. My wife can apply for visitor visa with my daughter in her home contry to visit me? My asylum application will the reason for not getting the visa?

    Reply
    • Your wife and daughter can apply for a visa to visit. We have had two cases where the spouse of an asylum applicant applied for a visitor and had the visa denied specifically because of their husband or wife’s asylum application. Hopefully, your family will have better luck than this. If your wife could apply for a “dual intent” visa, like an H1B work visa, your asylum case should not be a problem. Good luck, Jason

      Reply
  47. Mr. Joson !

    I am from Iraq. I came to the USA to do my PhD as a Fulbright scholar with J1 Visa. As you know, Iraq has bad condition these days and I am worrying that I can not go back to Iraq although I have two- year requirement to go and stay in Iraq after my end of studies. Now, I want to apply for asylum because I don’t want to go back to be killed by terrorists. Please advise me what should I do? Is there a way be be waived?

    Reply
    • If your asylum case is granted, the J-visa, two year bar will have no effect. In other words, if you win asylum, the two-year bar disappears. Take care, Jason

      Reply
  48. Hello Jason,

    I applied for asylum in january 2015. Now, my family members are in big trouble due my escape from the country. Is it a way to apply on behalf of my family members here in the USA? Can they apply for asylum from my own country? Please tell me how should save my family members?

    Diana

    Reply
    • They can leave their country and go to the UN for help. Maybe they would be resettled here. Also, they can apply for visas to the US like everyone else (which I know is not easy). You could try to expedite your case based on their problem – I wrote about this in a posting dated February 26, 2015. Good luck, Jason

      Reply
  49. Hello Sir,

    I got my EAD and now I have two questions:

    1- I would like to work in another state without changing my permanent address. Can I do that or should i change my address? I am paying the minimum amount of money for my permanent address here in the USA and it doesn’t cost me a lot.
    2- Where should i apply for my SSN? Should i go to the new state and apply there or should I apply where my current address is?

    Thanks,

    Julie

    2- Where should I get my SSN? From the merman

    Reply
    • I think you can get the SSN anywhere you like. If you move, you are required to change your address, and the asylum office might be suspicious if you are working in one state and say that you are living somewhere else. You might argue that the job is temporary, and so you kept your permanent address at your home. However, this might cause an issue for you at your asylum interview. You should probably talk this through with a lawyer, to be safe. Take care, Jason

      Reply
  50. I have applied for asylum and I am waiting for a second interview. Now I am married with a U.S permanent resident and we have baby. My husband is not a US Citizen. My husband would like to file the forms I-130 and I-485 at same time. Do I have to call USCIS to close the Asylum Case before my husband proceeds with the application for my permanent resident? Or does my husband have to be a US Citizen to apply for me while I am in the United States

    Reply
    • Probably your husband would have to be a US citizen to do that. I suggest you consult an attorney to help you with the process. It will cost some money, but it is well worth it for you to get your green card. Take care, Jason

      Reply

Write a comment