In November 2012, we received a “recommended approval” from the Asylum Office for one of my Afghan clients–we’ll call him Dave, though as you might guess, that is not his real name.
We were pleased with the news. Dave had worked for the United Nations and as a contractor for USAID- and NATO-funded agencies in Afghanistan. The Taliban became aware of his work and threatened him. They contacted him by phone. They said he was an infidel and an American spy. They told him, “We are watching you. We know everything about you and your family. We know where you are.” A bearded stranger approached his children after school and tried to lure them away from their classmates. The threats escalated and so Dave decided to seek asylum in the U.S.
Dave had a United States visa, but his wife and children did not, so he came alone, in the hope that this would end the threats and that his family members could follow him later.
In those days–before the asylum backlog–cases moved more quickly. We filed the case in September 2012. Dave was interviewed the next month and received his recommended approval in November. So far, so good (but as Megadeth might say, “so what?”).
But what does it mean, this “recommended approval?” A person receives a recommended approval if the Asylum Office has determined that she is eligible for asylum, but for some reason the decision cannot yet be issued. The Asylum Office generally won’t give the reason why they cannot issue the decision, but in most cases, it seems to be because the security background check is not complete.
So what is the “security background check,” you ask. Every asylum applicant has their biometric and biographic data checked against several government data bases to determine if they might be terrorists or criminals. While these checks never seem to cause delay in Immigration Court cases (defensive asylum cases), they can take a long time for Asylum Office cases (affirmative asylum cases). Why is that? I don’t know. I asked once at a USCIS meeting, and they said it was because there are different checks at the Court and at the Asylum Office. I’ve never found anyone who could explain why the two agencies (DOJ and DHS) use different background checks, and because security issues are hush-hush, I doubt I’ll ever get a good answer on this point.
So Dave’s case was delayed while we waited for the final approval. In those pre-backlog days, the one benefit of a recommended approval was that the applicant could immediately apply for an EAD–an employment authorization document. In general, if an asylum applicant does not have a decision within 150 days of filing, he can apply for an EAD. With the current backlog, nobody gets a decision in 150 days and so everyone applies for the EAD. Prior to the backlog, many people received decisions in less than five months; others–like Dave–received a recommended approval in less than 150 days. Such people could immediately apply for the EAD. Dave applied for his EAD.
For asylum applicants with a recommended approval, the worst part about waiting is the uncertainty. When will the Asylum Office issue the final approval? Might something change so that the case is denied? For people separated from family members, the uncertainty and loneliness is extremely stressful.
As the months passed, our initial happiness with Dave’s recommended approval began to fade. When would the final decision come? I periodically made inquiries to the Asylum Office. We never received a substantive reply.
Then Dave’s wife got sick. He was worried about her, and worried about his children, but he decided to stay in the U.S. and hopefully get a decision soon. More time passed.
A year after we received the recommended approval, one of Dave’s children became seriously ill. We notified the Asylum Office and again requested a decision. We got no response. But Dave continued to wait and hope that he would receive his final approval so he could bring his family to safety.
The days and weeks and months continued to pass. Finally, as we reached the two-year anniversary of Dave’s recommended approval, he called me and told me that he had decided to return to Afghanistan. His children were suffering from health issues and he had not seen them (except via Skype) for more than two years. He was giving up on his asylum case and returning to his family, and to the danger.
So what can we learn from Dave’s story? My feeling about the whole fiasco is that Dave would have been far better off if the Asylum Office had simply denied his case in November 2012 rather than issue a recommended approval. Under U.S. law, a person does not have a duty to rescue another who is in danger. However, if a person undertakes a rescue, he is obligated not to act negligently. The U.S. has created a system for asylum. People like Dave rely on that system. In this case, the system failed Dave, and–at least for him–the lure of asylum and of safety created by the asylum system cost him and his family dearly: Two-plus years with his wife and children lost, other options for safety missed, savings exhausted.
There is an ironic denouement to the story. A few months after Dave left the U.S. and 2.5 years after the recommended approval, the Asylum Office sent a notice to get fingerprinted: “Please process the fingerprints as quickly as possible,” the note advised. Was this a cruel joke? I tried to have the fingerprints done at the U.S. Embassy in Kabul, but they could not (or would not) do it. We have still not heard from the Asylum Office about Dave’s case. I suppose it remains pending, but who knows? When last I emailed Dave (about the fingerprints), he replied, “I still have hope and… I am hopeful.”
HI JASON! I JUST RECEIVED MY RECOMMENDED APPROVAL. MY 150 DAYS TO REQUEST EAD IS COMING AND I KNOW I NEED A FORM I-765, BUT THE POINT IS THAT WHEN I WAS AT THE USCIS OFFICE, THE OFFICER TOLD ME THAT I WILL NEED ATTACH I-765WS WITH FORM I-765. IS IT TRUE? BECAUSE I CHECK IN USCIS.GOV AND I-765WS IS FOR DEFERRED ACTION. IS THE RECOMMENDED APPROVAL A DEFERRED ACTION? THANKS
We have never filed a form I-765WS in any of our asylum cases, so I am not sure what that is about. If the 150 days have passed, you can just file the I-765 (available at http://www.uscis.gov) and that should be enough. Check the instructions about the documents that are needed. And congratulations on the RA! I hope the final decision comes soon. Take care, Jason
Hi,
Is there anyone waiting for final approval? Can some share his/her experience about this final approval, I am from a predominantly Christian country. All my fellow Asylee got approved two weeks after their interview, I have interviewed since October last year and still have not gotten a final approval. My doctor thinks I am slipping into depression because this is beginning to affect me. Please help me
You could contact the asylum office to ask about the case, but some cases are slow while others are faster. It has nothing to do with whether they will be granted; it seems pretty random. You can find the contact info/email for the asylum office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
With the new Asylum interview process, how does that affect people waiting for the final approval after being given a recommended approval; four months ago
There is nothing in the new policy that indicates people like you would be affected. However, if they are shifting resources around, it might cause additional delay, though I doubt it would affect someone with RA. Take care, Jason
Hi Jason,
This is going into the fourth month after my recommended approval, been trying to get my lawyers to find out what is going on. Do you think I can have my personal background check done, just to have an idea how long it takes. The wait is getting too long
There is no way for the lawyer to find out what is going on, at least as far as I know. And there is essentially no way to get the decision faster. You or the lawyer can periodically contact the asylum office, but in my opinion, this is pretty useless. Lawyers do it because their clients want them to, but the asylum office has to make their decision, and there is little to be done about making them do their jobs more quickly. Hopefully, you will get a final decision soon. Take care, Jason
Hi Jason,
I was issued a recommended approval in October, waiting for my final approval. One of my friends came in this month for vacation, he has a stage 5 kidney failure, so he had to go to the hospital for dialysis and my address was used. I haven’t seen his bill though, I just want to know if this will affect me
I do not see why that would affect you at all. Take care, Jason
Hi, Jason! Thank you so much for your answers, it’s really helpful.
I have a few moments that confuses me, after 2 weeks asylum interview they gave me “recommended approval” and two benefits 1) Travel outside of US; 2)Work permit. My question is should I wait the final decision and do not apply for travel passport yet or I can apply, get it in 1-3 month and go travel outside to meet my let’s say siblings in third country without the final decision? Does it anyhow affect me?
I spoke to random immigration lawyer on Manhattan recently about it and told better to wait until final decision and anyway I cannot travel outside before the final decision, Is it plausible information?
I believe that you cannot even apply for the Refugee Travel Document until you get the final approval. You can double check the instructions (form I-131, available at http://www.uscis.gov), but I am pretty sure that you must wait for the final decision. If you need a new work permit, you can file for a new one based on the pending asylum. Once the final approval comes, you should automatically receive a new work permit based on your status as an asylee. Take care, Jason
Hi, Jason!
Today, after 2 weeks from asylum interview, i received “Recommended approval”. I was waiting almost 3 years and I afraid to wait another long time( of course I understand that here is too many people who waiting much longer) but anyway Please My questions is, how long does it usually take(Given the current situation) ?
Most people who get a recommended approval receive the final approval in a few months. Men are often slower than women and people from Muslim countries tend to be slower than people from non-Muslim countries. If you do not have news in a month or two, you can contact the asylum office to inquire. Good luck, Jason
Thank you for your reply. If you don’t mind another question, what kind of background information they check, can you give some examples so i(we all) can have any idea.
I do not exactly know, as they keep it pretty secret, but they compare your info to various data bases – with the US, the UN, and maybe other organizations. Take care, Jason
Dear Jason,
I did my interview on oct 2016, and had been waiting for a decision since then. Today, I received recommended approval letter from the asylum office. About nine months ago, when I contacted them via my congressman’s office, they said my case is in the background check. Now after a year, they sent me a mail which means my case went a background check again? I’m just so confused. Is it possible that they do multiple name checks? Does it mean I have to wait another year for the second one?
Thank you very much
Hopefully, the wait will be shorter, but at least this is some progress. If you don’t hear anything in a month or so, make another inquiry with the asylum office. Take care, Jason
Thank you for your reply. Do you think it is a new background check process? Or it’s still the same one?
I think it is the same. Take care, Jason
Dear Jason, Thanks for helping us with our questions. I got recommended approval three months ago, and on my inquiry after two months they replied my background check is not complete. my question is if this is a second background check after my interview or it is the one from the time I applied which is not complete yet.
best regards
The background check consists of multiple checks, so I do not know. Unfortunately, there is not a lot you can do. You can inquire with the asylum office, as you did, and with the USICS Ombudsman (a link is at right). If things drag on too long, you can consider a mandamus lawsuit. But I think USCIS has been a bit better about finishing recommended approval cases, so hopefully, you will just get the final decision soon. Take care, Jason
Hi Jason, I just received my recommended asylum approval from NJ asylum office stating my security and background checks are being completed, do you know how long I have to wait to receive the final grant of asylum approval letter
There is no way to predict. We have seen it take a few days or a few years (and counting). These days, things seem faster for most cases. If you have no news in a month or two, you can contact your asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
august 2014 I submitted asylum application. interviewed March 1 2017. I have not heard from them again. how can I found out the result. I interviewe’d in the new Orleans office . also when I applied for asylum my children were under 21. now they are over 21. do they get granted asylum if mine is approved. I included them as dependants.
If your children were under 21 when you filed, they will be granted (or denied) with you. I think the New Orleans office is moving, which may be causing additional delay there. I also think their main office is Houston. You could try to contact the main office to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Filed asylum case on Miami office on May-2014
Changed address from miami to Newark Office on Jun-2015
Asylum interview on Feb-2017
Recommended Approval Mar-2017
Grant Asylum Sep-2017
6 month later of my asylum interview i received my grant asylum, I called every month to the asylum office to check the status of my case.
So now i need to wait one year to apply for my green card. I’m from Venezuela no Muslim country
Congratulations! That is great news. Thank you for letting us know, and welcome to the USA, Jason
Hi can you tell the phone number how you had contact to the Newark Asylum office its always robot talking.
It may be better to email them, though once in a while, I have called there and spoken to a human – it was quite shocking. You can find all their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
if there is family seeking asylum ,and the family contain of wife and husband and two kids less than 7 years old , in case the parent get the EAD and social security number but did not have any job opportunity for three month ,is there any support or services from the government they can get?
my second question if the family decide to go canada and seek asylum there ,did they can transfer there case and any supporting document and seek asylum there ? ,as there any process for that ? with lawyer who taking care for the whole family case in us?
I do not know about support available for asylum seekers, aside from the fact that all children – including asylum seekers – can attend public school. The best thing to do is Google “Catholic charities” + the name of your city, and talk to them, as they often know about public benefits. As for Canada, there are restrictions on seeking asylum in Canada for people who were first in the US, and so you should talk to a lawyer in Canada about this before you try to go there. Take care, Jason
Hi Jason I had written to you before that in may 3 I received recommended approval for my asylum case and I had wait for final decision more than 70 days. Yesterday I recevied an email from asylum office. They are calling me again for re-interview. I never had a criminal history in my country or in USA. Please can you help with your experience what can happen can thay change the my have you such experience before I am at Newark asylum office
I do not know why they need another interview, but you should prepare as if it is a first interview. Hopefully, it will be something small. Sometimes the security background check reveals an issue that needs to be clarified. But they can ask you whatever they want. You may want to respond to the email and ask something like, “Can you please let me know what you need in the second interview?” Maybe they will give you some idea. Take care, Jason
Please let us know what they ask you or what they tell you! is fist time that I see this case
Hello Jason,
I just want your expert opinion about my asylum case. Here is the timeline.
Filed asylum in June 2015.
First Interview: Mar 23, 2017
Second Interview from wife: May 22, 2017
Now I am still waiting for decision. I have already involved Congressman and CIS Ombudsman but decision is still pending. On my latest inquiry they said that the case is under review and they will make decision as soon as possible.
Please tell me what should I do? I probably believe that it would be in background check isn’t it?
sorry filing date is June 2014
We have clients who wait much longer than this, and there is not much to be done. Post-interview delay is especially a problem for men from Muslim countries. I would make inquiries every few months, and if you do not have any decision and went to do a mandamus lawsuit, you can try that. But I would probably wait at least until the end of the year. It’s up to you though, and you could try that sooner. Take care, Jason
Hi Jason,
I received recommended approval on May 8, two weeks after my interview. I still haven’t gotten the final decision. I called the Asylum Office a few times and they said my case “is under routine review by an asylum officer”. I’m not from a Muslim country and don’t have any criminal history. However, I am still in a legal non-immigrant status that expires in a week (F-1 visa). Do you think this could be the reason for the delay? I have read somewhere that USCIS cannot grant the final approval before a non-immigrant status expires. Have you heard anything about it?
I think your F status is unrelated to the delay; I have never heard of such a thing, and our clients who are in-status have received asylum. There are often delays in this situation, and I think you can call them once in a while, but hopefully, you well get the final decision soon. It has only been 2 months, and we often see longer waits than that, so I think you will be fine, but you need to be patient. Take care, Jason
I have been waiting for more than 4 months after my recommended aproval, I’m not from muslin country, my brother had his interview 3 months later than me and he was grant asylum. Also after 3 years they never send to me to make fingerprint like my brother. I called the asylum office and they said everything is ok you must to wait. i’m tired now after 3 1/2 years
If it has been four months, you can email them or go there to inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I called them about 3 weeks and they said everything is OK with fingerprints, that the issue is with an alias, I have a common name probably that could be the reason, but I don’t know how many time i need to wait before call them again
Aliases can cause security background check delays. There is no formula, but I would not call more than once a month. Take care, Jason
I applied for political asylum in May-2014, I put my fingerprint in August 2014
Mi son 13 years old received a letter to put fingerprint in January 2017, Just him no my wife either me, two days latter we received the interview appointment
I had my political asylum interview in Newark office Feb-2017,
March-2017 I received recommended approval (background check is not complete),
My question is; my wife and me never received a letter to put fingerprint just my son. the fingerprint for my wife and me had almost 3 years ago, look weird? or could be normal?
Because I think that I’m expecting my I-94 but how FBI can complete background check if we don’t revised our fingerprint?
They already did your fingerprints once, so I don’t know why they should need them again. But they do sometimes ask for this, as fingerprints “expire” after a certain time. In your case, I would email the asylum office and tell them that your son was printed, but not you or your wife. Maybe they can send you an appointment letter, and maybe that would help. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Yesterday I sent an email requesting information about my case. see below the answer from asylum office.
“good afternoon,
According to our service records, this case is currently under further review. Please be assured that we will make every effort to make a decisions on your case as soon as possible.
We hope this information is helpful to you.”
as per your expertise, everything look OK, or something to be alarm
We have seen this same email many times – It basically tells you nothing, but on the other hand, it is normal and there is nothing of concern here (other than the fact decisions are often very slow). Take care, Jason