These days, the estimated wait time for an affirmative asylum case is somewhere between eternity and forever. It can best be expressed numerically as ∞. Or maybe as ∞ + 1. In other words, affirmative asylum cases take a long damn time. (OK, to be fair, you can get some idea about the actual wait time here).
For some people, this wait is more of a problem than for others. For example, if your spouse and children are outside the United States waiting for you, and especially if they are living in unsafe or unhealthy conditions, the wait can be intolerable. A growing number of people are abandoning their cases simply because they cannot stand the separation. Others are moving to Canada, which apparently has a faster system than we have in the States. The problem is not simply that the wait is long—and the wait is long. The problem is that we cannot know how long the wait will be. Maybe the interview will come in six months; maybe in three years. Maybe the decision will come shortly after the interview; maybe it will take months or years. This unpredictability contributes to the difficulty of waiting for a resolution to the case.
For others people—single people without children or families that are all together here in the U.S.—the wait may be stressful, but it’s far more bearable. For my clients in this position, I advise them to live as if they will win their cases. What else can they do? To live under the constant stress of potential deportation is unhealthy. And the fact is, most of my clients have strong cases, and the likelihood that they will succeed it pretty high. So it is best to live as normally as possible. Find a job, start a business, buy a house or a car, go to school, make friends, get on with life. In the end, if such people need to leave the United States, they will have time to wind down their affairs and sell their belongings. For now, though, if I may quote the late, great Chuck Berry, Live like you wanna live, baby.
But what if you want to try to expedite your case? How can you maximize the chances that the Asylum Office will move your case to the front of the line?
First, before you file to expedite, you need to complete your case. The affidavit must be finished and all the evidence must be organized and properly translated (if necessary). If you expedite a case and the case is not complete, it could result in real problems. For example, I once had a client put himself on a short list without telling me. Then one day, an Asylum Officer called me and said that they wanted to schedule his interview for the following week. The problem was, the evidence was not submitted (or even gathered) and the affidavit was not done. The client insisted on going forward, and so (while I helped with interview preparation), I withdrew from the case. I did not want to remain affiliated with a case that was not properly put together, and I did not want to represent a person who took action on his case without informing me. In general, there is no value in expediting a case only to lose because you are not prepared for the interview, so make sure your case is complete before you try to expedite.
Second, you need a good reason to expedite. Remember, you are asking to jump your case ahead of hundreds–maybe thousands–of people who are also waiting for their asylum interview. Why should the Asylum Office allow you to do that? One common reason is that the applicant has a health problem (physical or mental). If that is your reason, get a letter from the doctor. Also, provide some explanation for how an early resolution of the asylum case might help improve your health situation (for example, maybe you have a health problem that is exacerbated by the stress of a pending case).
Another common reason to expedite (and in my opinion, the most legitimate reason to expedite) is separation from family members, especially if those family members are living under difficult or dangerous circumstances. If an asylum applicant wins her case, she can file petitions to bring her spouse and her minor, unmarried children to the United States. Many people come to the U.S. to seek asylum not for themselves, but because they fear for the safety of their family. Since it is so difficult to get a U.S. visa, it’s common to see asylum seekers who leave their family members behind, in the hope that they can win asylum and bring their family members later. So when the wait for an interview (never mind a decision) is measured in years, that’s a real hardship. For our asylum-seeker clients with pending applications, we have seen cases where their children were attacked in the home country, where family members went into hiding, where children could not attend school or get medical treatment, where families were stuck in third countries, etc., etc., etc. Such problems can form the basis for an expedite request.
To expedite for such a reason, get evidence of the problem. That evidence could be a doctor’s note for a medical problem or an injury, or a police report if a family member was attacked or threatened. It could be a letter from a teacher that the child cannot attend school. It could be letters from the family members themselves explaining the hardship, or letters from other people who know about the problems (for advice on writing a good letter, see this article). Also, sometimes family members receive threat letters or their property is vandalized. Submit copies of such letters or photos of property damage. It is very important to submit letters and evidence in support of the expedite request. Also, remember to include evidence of the family relationship–marriage certificate or birth certificates of children–to show how the person is related to the principal asylum applicant.
There are other reasons to request an expedited interview: Until an asylum case is granted, applicants may not be able to get certain jobs, they cannot qualify for in-state tuition, they face the general stress of not knowing whether they can stay. While these issues can be quite difficult to deal with, I think that they do not compare to the hardships suffered by people separated from family members. Indeed, if I were in charge of the Asylum Division, I would allow expedited interviews only in cases of family separation.
Once your case is complete and you have gathered evidence in support of the expedite request, you need to submit the request and evidence to the Asylum Office. Different offices have different procedures for expediting. You can contact your Asylum Office to ask about the procedure. Contact information for the various Asylum Offices can be found here.
One last point about expediting asylum cases: The system for expediting cases is not well-developed, meaning that sometimes, a strong request will be denied or a weak request will be granted. There definitely seems to be an element of luck involved in the expedite request process. But of course, unless you try to expedite, you can’t get your case expedited. If an initial request is denied, you can gather more evidence and try again (and again). At least in my experience, most–but not all–cases where there was a good reason to expedite were, in fact, expedited.
Besides expediting asylum cases, it is also possible to put your case on the “short list,” which may result in an earlier interview date. You can learn more about that and a few other ideas here.
It is still unclear how changes in the new Administration might affect the speed of asylum cases, but I doubt that the asylum backlog is going away any time soon. In that case, for many people, the only options are to learn to live with the delay or–if there is a good reason–to ask for an expedited interview and then to hope for the best.
Hi Jason
Thanks for your informative articles.
I just got my notice for Interview.
My timeline is
Sept 15 2017 – I applied for Asylum
Feb 14 2018 – applied for EAD
March 22 2018 – received my EAD
March 25 2018 – Applied to Expedite
May 30 2018 – contacted my Senator to follow up
June 12 2018 – received notice that my expedited application has been granted.
August 10 2018 – received a letter for scheduled interview on 29th August 2018
I’m sharing to encourage other while I ask you all to wish me well.
Thanks
Would you tell us more about the request and the evidence that you provided? Which office were you applying?
Thanks
Hi.
For expediting, i provided police report as well as medical reports as my wife became seriously ill of which my been away from her was a serious factor, The office is Chicago office.
Sorry my response came late
You can provide any evidence you have about the reasons you need to expedite. Medical reports (and police reports, if relevant) would be appropriate and might help you to expedite. Take care, Jason
Maybe the Senators’ offices are a better way to expedite. Anyway, thank you for sharing and good luck with the interview, Jason
Dear Jason
My husband applied for asylum two years ago and at that point our kids and myself were not in the US. After the kids got to the US this year he added them onto his application and he got a letter from USCIS saying they are processing his application but don’t require him to go for biometrics but the children need their biometrics done. Is it possible that he might be called for his asylum interview based on the modification of his application or his application will still be treated as a 2016 application which doesn’t have a timeline for an interview?
Thank you in advance for your response.
Dear Jason,
I need to ask you if don’t get any idea about waiting time for interview. I applied my case on January 2016.Did you hear someone who applied at the same time as an get an appointment for interview
It may depend on the office, but all offices are following LIFO (as far as I know), and I think very few offices are interviewing backlog cases, so I doubt you will get an interview any time soon unless you can expedite. Take care, Jason
As far as I know, adding dependents does not change anything in terms of the order that the case is interviewed. Take care, Jason
Hi Jason,
By admiring the things that you are doing here I want to ask a question about the expedite request.
I am planning to request it by using a serious health problem (mental health) for my wife together with me here in USA. She is getting worse everyday as we wait without any change in our admission connected with the situation, being unemployed, having three young children and several other uncertainties. Applied for asylum October 2016 to Chicago office, never heard back about the interview and most likely will not hear anything soon.
I want to get a letter from a doctor that talks about her conditions. Can you tell me more about the letter please;
*Who should write it? Psychiatrist, Clinical Psychologist or Licensed Clinical Professional Counselor.
*What should it say? She has depression, anxiety and suicidal thoughts. should it say relationship between her condition and asylum pending status as the primary source.Or do we need a cover letter to explain it
*Type of letter? should it be written to Chicago office, or a general letter that tells about her condition will work
thank you
1 – Any of these professionals can write a letter. 2 – It should explain the condition, explain how it is related to the current asylum case, and explain how resolution of the case will improve her condition. 3 – Either way. Maybe it is nicer to write it to the Chicago asylum office. Take care, Jason
Thanks a lot ..you are the best thank you
I think your case is more similar to mine in regards to the expediting request.
The letter should be addressed to Chicago office, get the doctor taking care of her to provide the letter and also indicate in the body of the letter that having her reunite with you is the major remedy, my wife had suicidal thoughts and depression. i was able to get a conversation of us discussing about these via text and i included it as an evidence too. get more evidence that you can. it helps
Thank you so much Jason for all your resources and assistance in your blog
i followed your blog on how to expedite asylum step by step .
my timeline
filled in november 2017
apply to expedite with evidence about danger my husband and son in my country of persecution june 2018 chicago office
follow up by sending another inquiry letter in Aug 3rd 2018
Expedite approval AUgust 6th 2018
waiting for my interview
thanks so much for all information and support.
Good luck to others too waiting for their interview expedite
thanks so much Mr. Johnson for your wonderful presentation. please i have some urgent issue which i really need your help. 1. i apply for expedite and they responded that they are lack of staff presently however is noted which i dont know what to do next because i abandoned my little kids and my wife for three good years now.
2. my work authorization is going to be expire by December this year please can i apply on my own or i need a lawyer to do that, can you please furnish me which documents should be attach together with the application .
thanks for your prompt response
1 – If you have a new reason to expedite, or new evidence about the problem, you can try again. 2 – You can apply on your own, but I cannot advise about specific forms here. The instructions to the I-765, available at http://www.uscis.gov, explain what to do. Take care, Jason
Thank you and good luck. Hopefully, you will now get the interview pretty soon, but it often takes a few months. Take care, Jason
Hi Jason,
I don’t know if you can give me some suggestions on my case. I applied for asylum last July and am still waiting for an interview. Is it a good reason to request an expedition for my case since my mom is diagnosed as having cancer. I saw you said we have to explain how this expedition can resolve the hard situation, and I am not very sure about my case.
Really appreciated your insights.
Victor
Maybe you plan to meet her in a third country to help her with medical treatment? Maybe the stress of the situation is causing you health problems? If you can get evidence of something like that, you can use as a basis to expedite. It seems to me that the expedite process is pretty random, and so if you have a reason (any reason) and give it a try, maybe you will be lucky. Take care, Jason
Hello Dear Jason.
I have few questions, i hope i can get answers from you. I applied for asylum in 18 December 2015. My interview was suppose to be around in March to June, according to previous USCIS affirmative interview scheduling. But they changed their process of interviewing in 29 January 2018. (https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-interview-scheduling).
In February 2018, Me and my attorney we both wrote to asylum office for my early interview or ( not to be delay due to new change). Asylum office replied to me that my case is on queue as soon as resources permit, they will conduct my interview. It seems too long i have been waiting for my interview no responses from my asylum office. And what can you suggest me, should i apply for expedite or not? I am married, i have two kids and my mother is widow and i am the only son. I am the only one supporting my family back home. Back home situation getting worse. My family moved to another city for their safety but its very expensive for me to support my family. Even they are not safe too there, because of political situation of my country. Due to a long waiting and separation from my family. My kids and my mother are getting more stress, and they are having more and more mental illness these days. Back home situation getting worse, i am a political and human rights activist, i can not go back home. On this situation what can you suggest me? Applying Expedite ? Getting parole to visit my family in a third country? Getting parole is good for my case? Or is there any option for my family to go US consulate apply for US visa?
Thank you i strongly need your suggestions.
You can try to expedite, as discussed in the above article. You can also apply for Advance Parole to meet your family in a third country (I wrote about that on September 11, 2017). Neither of these options should harm your asylum case. Your family can also try to get a US visa to come here, but given your asylum case, that is probably difficult. Take care, Jason
Dear Jason,
Many many thanks for all your help!
1. I filed my asylum application (Based on religion and belong to a particular social group) by 15th Sep.2016 and received the receipt by 26th Sep.2016 before the expiration of my J1 status by 30th Sep.2016 which is not subjected to 212(e). Initially, I am not aware of asylum relief for me unitll I got admitted in Hospital for my depression and stress and almost try to kill myself and met with my EAP.
2. As per her advise I found an attorney and filed my asylum application. Then I have requested for an expedited interview based on my child critical medical situation back home. I left him 3 yrs ago when he was 3 yrs old. It got accepted and I was interviewed at Cleveland field office by 25th Oct. 2017.
3. By 12th may I have received a referral notice from DHS stating that, I have not demonstrated with clear and convincing evidence that an exception to the 1 year filing requirement.
4. Then I contacted the Chicago Asylum office through senators office and informed about my referral notice with the following explanation
The department of Homeland Security alleges that,
a1. You are not a citizen or national of the United States
Ans: Yes, I admit
a2. You are a native of INDIA and a citizen of INDIA.
Ans: Yes, I admit
a3. You were admitted to the United States at DETROIT, MI on or about July 27, 2015,
Ans: Yes, I admit, I entered the Country 2015, July 21 (I-94 Record number:xxxxxxx; i-94Document enclosed)
a4. You did not then possess or present a valid immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the act.
Ans: I humbly will defend this allegation- due to the following reasons
A. I had a valid DS2019 form from 07/27/2015 to 09/30/2016 and filed my asylum application on 09/26/2016 (Please find the enclosed document- DS2019, Visa-not subject to 212 (e) and i-94).
B. As per USCIS receipt, I can remain in the US from 09/26/16 to until the decision will be made on my asylum application. (Please find the enclosed USCIS receipt)
C. In addition, in the USCIS receipt, it is stated that, If I want to leave the country for emergency, I have to request for an advance parole. I didn’t leave from United States from the day I entered (July 21, 2015 until today) into the US. I resided in the same city -Cleveland and the state-Ohio (Please find the enclosed digital copy my complete passport pages). So I have not requested for reentry permit or border crossing document after filing my asylum application.
D. I have mentioned in my I-589, Application for Asylum and for Withholding of Removal, Page8, and Part C, 5. Are you filing this application more than 1 year after your last arrival in the United States?
I answered, yes and explained as follows
I have J-1 status valid through September 30, 2016 and I am filling my Asylum Application before the expiration of my J-1 status on September 30, 2016 (Please find the enclosed DS2019 form and Asylum application Receipt Date and the my asylum application Page:5)
In addition I have enclosed a USCIS- Procedure manual 8CFR PART 1208—PROCEDURES FOR WITHHOLDING OF REMOVAL\1208.4 filling the application Page.No.2-3 (5) (C) (iv) Extraordinary circumstances in section 208 (a)(2)(D) of the Act shall refer to events or factors directly related to the failure to meet the 1-year deadline.
5. I have received a reply from Senator’s office as shown below:
Asylum office response:
We cannot release any further information regarding this case.
So I called the liaison to ask what that meant, in terms of the reconsideration. She said that the case had been reviewed and reconsidered with the additional information we provided, but they stand by the decision- It means they denied my request?
6. My master Calendar hearing is 8th Jan.2019. Is there anyway i can request for an expedited Master Calender Hearing based on my Child medical condition and Separation.
Does this affect decision of my case?
Do they consider my asylum application as new and i have to go through from the beginning? or they amend by my previous application? Meaning How to prepare for my MCH?
Thank you so very much in advance!
Banu
Dear Jason my case is similar to this person above . I filled 3 years later and i was on f1 untill after finger print . You told me 1 year deadline wont be a problem bc i was on visa but how do u explain what happened to this person ? im no longer on visa and im eager to expedite the case . Thank you
I do not now the person’s case, so I do not know. If you are lawfully present on an F or J visa, and you are still “in status”, that should meet an exception to the one-year rule. We have done that for many people with no problem. Maybe the above person had a visa that was still valid, but was not “in status”, meaning he was not still engaged in the activity he came here for. Or maybe he failed to present evidence of status, since it is the applicant’s burden to prove that she is still in status. Take care, Jason
I fell out of statues (f1) after finger print . Keep in mind that was 3 years after entry , so will that be okay ? Thank you
It sounds like you have no unlawful presence, but I cannot be sure from the posting. If you want to know for sure, talk to a lawyer and have the lawyer analyze your situation. Take care, Jason
As to a4, above, this refers to an IMMIRATION visa, not a non-immigrant (B) visa. And so it is probably correct that you did not have an immigration visa (to stay here permanently with a green card). Also, if USCIS says you failed to meet an exception to the one-year bar, that is an issue you will obviously need to focus on in court. I doubt very much that it will be productive to try to reopen your case with the asylum office; it seems you are now in court. You should find an attorney to help you with the case, as that makes a big difference in court. You may be able to expedite the court case – I wrote about that on April 20, 2017. Take care, Jason
Dear Jason,
Many thanks for you reply! I am very grateful for all your support!
My referral notice says, this is not a deniel of your asylum application, You may request that the IJ consider your asylum application and you may amend your asylum application before the immigration judge. Once you appear before the judge, the IJ will consider whether your application is filed timely manner or exception to the filing deadline applies to you. The IJ will evaluate on your asylum claim independently and not required to rely on or follow decision made by USCIS.
Does the IJ is going to consider my case like a new and I have to go through all over or I have to defend only the concerns raised in the NTA regarding my one filing deadline exceptional circumstance.
I had a valid DS2019 form from 07/27/2015 to 09/30/2016 and filed my asylum application on 09/26/2016 , Visa-not subject to 212 (e) and i-94).
I didn’t worked after i applied for Asylum and untill i receive my EAD through pending asylum.
As per USCIS receipt, I can remain in the US from 09/26/16 to until the decision will be made on my asylum application.
Do you think I can defend in court providing all my doc. such as i-94, DS-2019, J1 Visa, my salary statement untill sep-2016, health coverage by the employer untill Sep-2016. That’s all I have at the moment. Please advice me in this regarding.
Thanks in advance a million!
The IJ normally looks at the whole case again, but sometimes, if DHS agrees to narrow the issues in the case, the IJ may only look at a portion of the case. Of course, they have a copy of your asylum office case, including the interview, and so if your court case differs from the asylum office case, that can create issues such as, they may not believe you are telling the truth. Whether you have enough to overcome the one-year bar, I cannot tell – it is very helpful to have a lawyer look at the documents to understand exactly what is happening. In court, you are much better off with a lawyer. Take care, Jason
hi.. if i receive text messages from my relatives that they know where i live now and that they have connections in the embassy who can take me back home and then to jail from there.. they also mentioned that they know where i live and what school my kids go to!! is this a good reason to expedite my case ..??
It sounds like it is good evidence for your case. Whether it is a good reason to expedite, I do not know. You would have to explain how finishing your case would help he situation with your relatives. Take care, Jason
Hi,hope doing well,my lawer sent to SF asylum office three mknth ago mail and enail for expedite and i did again one month ago till now they do no answer what should i do ?,my wife is sick
Unfortunately, there is not a lot you can do. Try contacting them again. If you have no luck, maybe you can go there in person to ask about the expedite request. You can find their contact info and office hours if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you for the valuable information. Do you know how long it takes approximately to get a response after filing a request to expedite interview? I will probably move out of state in about 6 weeks and I wanted to know if changing my address will cause a delay in processing my request which I plan to send this week.
Thank you.
It is supposed to take 3 weeks (at least in Virginia), but it often tacks a lot longer. If you do not get a quick response, you can contact the asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. This same link will also show you your new asylum office if you move – enter your old zip code and then your new zip, and you will see your old and new offices. Take care, Jason
Hello Jason,
How are you? I hope you are doing great! Thank you for an amazing website helping people with US immigration systems.
I have filed for an asylum with my brother in September 2016 and got no interview date yet. I have an EAD and I am also a lawful F1 student with an I-20 expiring this December. I have 2 questions:
1) Is it possible to dismiss my asylum case then use my student visa to travel outside of the country and come back lawfully? Will the fact that I retract my case affect my liberty to use the probs of my student visa through traveling, OPT, and H1B jobs?
2) If I retract from the case, will my brother be asked about my choice and be impacted?
1 – You can try. I am not sure how easy it will be to withdraw the case, but you would have to contact the local asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Even if you withdraw, I suspect that you could have problems returning here. There is a new rule about F visas, and the rule may mean that USCIS will cancel an F visa for anyone who files for asylum (under the theory that filing for asylum indicates an immigration intent, which violates the F status). I am not sure how this rule is being implemented, and you might want to talk to a lawyer to look into it more carefully. If you can transition to an H1b, then it should not matter if you travel, as H1b visas are “dual intent,” meaning that even if you have an intent to immigrate to the US, it does not violate the visa status. 2 – They certainly could asks him, but if you have an alternative path to stay in the US (H1b and employment-based immigration), then that is a good reason for you to withdraw and I do not think it will affect his case. On the other hand, if you return to your country, that may be harder to explain. Take care, Jason
Thank you for your reply!
Hey Jason,
I submitted my asylum application in January 2017 in San Francisco, still waiting for the interview. my lawyer trying to expedite my case, but in a different way. not send the request for expediting or for short list. they want to ask USCIS to replace the interview for other cases(some new cases still processing in my lawyer’s office but already get the interview notice) to my case. my lawyer said that it could be work. when the lawyer’s office received the interview notice for those not completed cases, they’ll try to explain to USCIS that there is another case (mine) is ready and ask them to replace the interview to my case.
do you think its a good idea?
thank you so much.
I highly doubt that will work, but I guess you never know until you try. Such a strategy seems counter to the whole point of implementing LIFO, and so if the asylum office allows that, it will be a bit strange. Anyway, let us know what happens. Take care, Jason
Dear Jason,
Thank you for your valuable advise for all of us. I really appreciate your kind help and time taken to reply almost all comments for people like in my position.
I applied with my family in December, 2016 and still waiting for the interview. What is your suggestion to expedite my case which I have an emergency situation with my relatives in my country and my children can not continue study at the Universities due to finance problem. Even me and my wife has got some mental issues in this limbo situation during this 16 months time period.
If yes, is there any application form do I need to fill it for expedite the case? Or could you please say me what to do step by step?
Thank you very much.
Different offices have different policies. Typically, you get some evidence about the problem(s) and give it to the asylum office with a request to expedite and short list the case. Contact the asylum office for the form or procedure to request expedited processing. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you so much for this article, I really appreciate all the information.
My husbands father is dying (outside of US, they are Syrian) and our lawyer has submitted the medical papers to expedite the process of interview. (6 months ago). We still haven’t got an answer and our “efficient” lawyer told us that immigration haven’t answered him (which I’m suspecting is complete bs) so now I want to take it in my hands and request to expedite his I589 interview. I am trying to gather information on how to properly request it and would like to know if you have wrote any example or step by step articles that I could read and follow.
Thank you so much in advance!
I don’t have such an article, but you can just contact your local asylum office and they will tell you what to do (in my office, there is a one-page form). You can find their contact info if you follow the link at right called Asylum Office Locator. Often, the asylum office does not respond, so the lawyer is likely telling the truth (though he could try again). Also, do make sure you and the lawyer are on the same page; if the case is not finished and you expedite it, you could lose, which would be a real shame. Finally you might consider getting Advance Parole to visit your father-in-law in a third country. I wrote about that on September 11, 2017. Take care, Jason
Hi. Good evening sir. Please i wrote a letter to Asylum office requesting for expedition i sent it through post to Arlington asylum office and my mail was returned that they stop receiving letter from post office however i did it through their email hoping to hear from them soon. In my first write up i do complain how i was defraud by an immigration lawyer as he claims.i have written to him asking him to return my money and my original documents. May ask you sir. Is there any office in immigration office that handle the case or i should take him to court?. Again please can you help me with asylum office extension phone number i have tried them several times but keep asking me to dial extension number. Thanks and be blessed
Calling them is very difficult. I email them using the email address on their website. You can find that if you follow the link at right called Asylum Office Locator. As for the lawyer, you should contact the Bar Association for that lawyer’s state (this info should be on his website or business card, or on any document you have from him). You can make a complaint against him. You may also be able to sue him for damages. Take care, Jason
Hi. I filed for asylum in 2016. I was diagnosed with a brain cancer and had a brain surgery last year. I lost my job and can’t earn enough to support myself. Each day it’s getting harder for me to survive. I’m hopeless at this moment. I tried to commit suicide few times. I came to US to study on f1 visa. Two years of my arrival I changed my religion and had to file for asylum. In this situation what are the chances I have in terms of expediting my case? I have letters from oncologist and psychiatrist.
You should have a good chance to expedite. I think you should try. Also, apostasy cases are very winnable – but you need to convince them that the conversion was genuine and that your home country or individuals in your country will harm you due to your apostasy. Good luck, Jason
Hello Jason
Thanks for your help on educating asylum applicants. I filed for expedition of my application on March 18 2018 and have not yet received any response from USCIS, does this means my expedition request was refused?
You need to give them at least a month. After that, if there is no news, contact the asylum office to follow up. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason
Hello Jason,
In March my attorney sent a request to expedite my case and it was denied by the office. I’m suffering from depression and actually is under medication. My job and my whole life are getting terribly impacted and I’m afraid to involuntarily jeopardize my only source of income as I don’t have any help. Besides all of that, I have my mother who had an accident in December 2016 and at that time I couldn’t go to see her and assist her. In my home country, the health system is not in good shape and recently my mother starts again to complain about a migraine and might think about going to a third country to see a doctor and have a better assistance. The downfall is I can’t travel actually because I would have to renew my passport and my asylum request is politically based.
My lawyer sent the first request which was not detailed nor convincing but this time I did it on my own by expressing my real concern and situation. do you think I can have a chance for an interview this time.
However, I also requested the Ombudsman help way before I decided to send my second request to the Asylum Office in New York.
What is shocking from the denial letter is it mentioned the system is scheduling from a LIFO method and the remaining cases will have a chance only if more opportunities come down the road. What does that mean, while I applied in 2016, should I consider the wait time like it is been only a week?
I also tried to seek help from the Congress but with no luck. do you think the fact that I added my mother situation I can have a better chance? the office said that my previous request doesn’t meet their criteria, as I don’t know them how to be sure that my mental condition can’t be a fact of consideration?
I’m very frustrated and I need to see my mother, I don’t know what I would give for that. I don’t have children nor married but I still have family and my mother is important to me.
Thank you,
I don’t think Congress or the Ombudsman will help expedite the case. I do think a strong request might work, so it is worth trying again (though this is a lot of luck). If it is a real emergency, maybe you should consider renewing your passport (if you can) and getting Advance Parole (I wrote about AP on September 11, 2017). This could negatively affect your asylum case, but you would have to balance that with your need for travel. Talk to your lawyer about that. Good luck, Jason
Thank you Jason
HYME,
Could you share the result? What happened after you repeat your expedite request?
Did you get your interview?
filed for Asylum June 2017 and I have been going through a lot of pain last year i did a surgical operations with John Hopkins hospital. The doctor wrote a letter to the Immigration asking my wife to come and take good care of me my lawyer hide letter from me. But i try to see if they could make it to US they were denied from the embassy. Sir. I paid another Lawyer $500 to help me apply for expedition since last week of February just last weeks just discovered he did not apply. Sir. Can i apply by my self. Thanks.
You can apply for yourself. Also, if you think the lawyer lied to you or stole your money, you should report him to the state bar association. Take care, Jason
Hello Jason
I have applied for asylum on April 2016 and based on some threats for my family I have applied to expedite my case you think how long it may take to get a response from the court that they have accepted my request or denied it?
Thanks
I would wait a month or two and then if there is no response, follow up by phone. Take care, Jason
Hi,
I filed my asylum case on January 2016
I’m always waiting. Do you have idea how long I have to wait. Again. My passport from my country is expired. May I use advanced Parole for tor meet family at third country.
If yes how I could come back to USA
Advance Parole only allows you to re-enter the US. You cannot use it in lieu of a passport. To travel, you would need to re-new your passport, which could have a negative effect on your asylum case (depending on your case). As for the time frame, no one knows (I most recently wrote about that on February 28, 2018). Your only real option is to try to expedite or short list. Take care, Jason
Thanks Jason !
I filed my case in 1/15/2015
When could I have my interview
No one knows. I wrote about that most recently on February 28, 2018. Take care, Jason
Jason – everyone
Can anyone help me out. I want to petition for my husband but really don’t know how to do it.i have seen the i-730 form online but I don’t know whether I have to print, fill it out and post to the given address or I have to do the application otherwise, maybe online which I don’t know if possible.
Also don’t know if any of my documents should accompany the application.please help
If you won asylum, and you were married at the time your case was granted, you can petition for your husband within 2 years of the asylum approval. You would just have to ready the I-730 instructions to know what to do. Or you could hire a lawyer to help you. Maybe you can find a free lawyer – I wrote about that on September 22, 2016. Take care,
many thanks
Jason,
sorry to ask this here but can I then arrange with you to help me with the petition.
We potentially could, but we would have to arrange a consultation first. We are backed up now and it would be a couple weeks before we could do the consultation. If you wanted to arrange that, my email is jdzubow@dzubowlaw.com. Take care, Jason
Dear Jason,
I have attended my asylum interview on October 25th, 2017. I didn’t hear back anything from the USCIS until today. I didn’t see my child for 3 years. He want to see me. Can i apply for tourist visa.
Thank you!
Banu
You should contact the asylum office and inquire about your case, and maybe mention your child. You can find their contact info if you follow the link at right called Asylum Office Locator. I suppose you can apply for a visa for the child, but the fact that you have an asylum case may make it more difficult for him to get a visas. If the case drags on with no decision, you might consider Advance Parole so you can travel to meet your child in a third country. I wrote about that on September 11, 2017. Take care, Jason
Jason, please permit me another question. I’ve been waiting for my asylum interview almost 3 years. I have a good job, and the company is willing to sponsor me, can I start another process? to try to get an EB-3 visa for example?
Thanks in advance,
Ivan
Possibly, but that would likely require you to leave the US to get your green card and that may or may not be possible. Talk to a lawyer to make sure you are able to complete the entire process before you start spending money on this (I have seen too many cases where the lawyer starts the process knowing that the client cannot ever get the green card, so make sure you can get the green card before you start). Take care, Jason
Ivan, poluchilos s EB-3? Naskol’ko ya znau vyezhat ne nuznho. Prosto menayesh status v U.S.
Hello Mr. Jason,
How are you ?
My religious asylum is pending since 2016
My son is a mechanical engineer and he is willing to do MS, also trying for job in USA.
He is in India.
Can he get student / job visa while my asylum is pending ?
Looking forward to your reply,
Regards
James
Maybe, but the fact that you have an asylum case may make it more difficult for him to get a student visa (though it may not affect an H1b visa). If he is over 21 and was over 21 when your case was filed, it may be easier for him to get the visa. Take care, Jason
Thank you Mr. Jason
Yes, he was above 21 when I filed my case.
If he was above 21 is it easy only to get H1b ?
Regards
James
Looking
Regards
James
If he was over 21 when you filed your case, he cannot benefit from your case if it is granted. As for H1b, I do not do such visas, and so he would need to talk to a lawyer about that. However, if you have an asylum case, it should not affect his eligibility for an H1b visa (it could make it more difficult for him to get a B visa or certain other visas). Take care, Jason
I’m in a political asylum process, still waiting for the immigration interview.
I have a daughter in Junior year, an excellent student enrolled in an IB program. She wants to go to University of Florida after finishing the HS, the question is, if she able to apply to the university next year? Can she goes to any college?
Thanks in advance.
If she has an EAD, she should be able to attend, but you have to check with the university, as different schools have different rules. Take care, Jason
Thank you!!
Hello I have several questions
I’m planning on applying for asylum I’m 22 years old, and I heard that they are calling people who recently applied for asylum early than those who have applied from 2-4 years back is that true ? Cause that will be great.
Next question is that I’m young and where I’m from they are not even giving us permit to work even if your born there and I’m Afraid just Incase my case isnt solid and I get denied I can’t go back home I have nobody there no family I won’t know what to do so,what can I do if I get denied ??? Thank you lookin. Forward to your response .
1 – More or less that is true – I wrote about this last week and on February 1, 2018. 2 – If you are ultimately denied and ordered deported, you can normally buy a plane ticket and leave (unless you are detained, which is not normal for asylum seekers). As they say, you don’t have to go home, but you can’t stay here. In other words, you can go anywhere you want that gives you a visa. Take care, Jason
Hello Jason
Thanks for all you great work on this website.
My dad had been diagnosed with advanved prostate cancer stage 4 and i do not know how long he has.He usually goes to France for treatement,from Cameroon in Africa.Do you think this could be a good reason for me to demand for an expedited asylum interview on humanitarian basis.I will like to request to expediate so as to be able to go assist him in france and also to have a chance to see him again.i applied since sept 2015 and have been waiting since then.ok thanks
It is a good reason to ask for an expedited interview, but even if you get the interview, it may not be that fast. You might also apply for Advance Parole so you can travel to France to see him (if you can get a visa to France). I wrote about that on September 11, 2017. Take care, Jason
Hello Jason
Can an Asylee petition to bring his fiancee to the USA or should he obtain advance parole and travel to marry the fiancee in a third country before petitioning to bring her?
A person who was granted asylum (an asylee) cannot petition for a fiancé. You could get a Refugee Travel Document (form I-131, available at http://www.uscis.gov) and travel to meet the fiancé, marry her, and then when you have a green card, file a petition for her using form I-130. If your asylum case is still pending, you can get AP, travel to meet her (in a third country – not your home country), marry her, and then if your asylum case is granted, petition for her using form I-730. Take care, Jason
Hello jason
I arrived to us last year on February with B1/B2, after 6 months I extended my visa to attend to the exhibition then I applied for asylum Oct/10.i filed I589 so i can apply for work permit after 150 days.it mean march/10
I have few questions.i appreciate if you answer me
1)which documents do i need to file?like photo…
2)do i need to pay filing fee?
3)what is my ELIGIBILITY CATEGORY on section 20 of form I765
4)will they issue also social security with this filing if i ask in form or I should do another process?
BEST
First, make sure that March 10 is really 150 days. If you file too early, the application for EAD will be denied. 1 – You have to check the I-765 instructions for this (available at http://www.uscis.gov), as I cannot give specific advice about forms. 2 – If this is your first EAD application based on asylum pending, there is no fee. 3 – Sorry, I cannot give specific advice – please check the Direct Mailing Addresses portion of the instructions. 4 – The form I-765 allows you to request an SSN. Take care, Jason
Dear Jason,
I have attended my Asylum interview on 25th Oct.2017 at Cleveland meaning Cleveland circuit ride by field officer from Chicago. I have submitted my child passport as his ID Proof. Recently I have renewed his passport since it is nearing it’s expiration by May-2018. I have not received my decision yet even though i have submitted all my child medical records.
My question is
1.How to submit my child updated passport copy?
2. Can I request for a my status of Interview meaning decision! I am dyeing every time when child got admitted in hospital need my support!
Many many thanks
Banu
I am not sure why you need to update your child’s passport info. That does not sounds relevant to the case, and could be viewed negatively if you renewed a passport from a government that you fear (assuming you fear the government and not some group in your country). But if you want to do that info, you can send it to the asylum office with a cover letter. Make sure you include your Alien number and name so it can be matched with your case. You can contact the asylum office to make an inquiry about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
I am seeking asylum due to domestic violence and belong to a particular community. My attorney advised me not to enquire about the status of my interview, it will give nagative impact on my application is that true??/
Thank you!
Banu
I do not think it will have any effect on the outcome of your case, but I also think there is no point. I wrote about the order that cases will be interviewed on February 1, 2018 – maybe you want to take a look at that posting for an idea of the schedule. Take care, Jason
Hi Jason,
I`m abit confuse,I wanted to immediately petition for my husband with the i-730 having gotten my asylum approved but someone told me that I first need to apply for social security,medicaid and others.could you please guide to through the process of petition after being approved.I`m really confuse as I dont know what to do.
Many thanks for all the help
As soon as you have the asylum grant in your hand, you can file an I-730 for your husband. You do not have to wait for anything else. Take care, Jason
HI Jason i hope you are doing well,My lawyer sent to SF office which i filled for asylum October 2016 a expedition letter about 3 weeks ago until now we did not receive nothing is it normal ? or it means they did not accept it?how much i have to wait for expedition result? i tried to call SF office and left for them message but they did not call me back as well.
My lawyer did mine 1st week of January and still don’t have any answer yet.
My impression from my local office (Virginia) is that it is common for the asylum office to not respond. It probably means that they did not expedite the case. You can follow up by emailing them or going in person (or trying again to call). They should at least give you a response about whether they agree to expedite or not. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I`ve just gotten my asylum approval and want to petition the
i-730 for my husband,could you please inform me of the documents I need to prepare,the correct form to use and do I apply electronically or print and submit a hard copy?
Many thanks
Hello Tina,
Can you please tell me when it was your interview? I had mine on Nov.30 2017 and it went very good. My lawyer is sure we will be approved, but I haven’t heard yet from them, so I’m wondering how long have you waited after interview to hear decicion, please let me know.
Dear Jason if you have any idea what’s the wait lately please respond.
Thank you everyone.
Best,
Ivan
Wait times are unpredictable, and this applies to good cases and weak cases. Hopefully, you will get a good result soon. Take care, Jason
I waited for just 2 weeks
2 weeks after applying for asylum . That’s it?
When did you apply and how long it took to get interviewed ?
waited for 2 years before the interview
waited 2 weeks after the interview
Sorry, I cannot provide specific info like that, as I do not know they case. You are right that the form is the I-730, available at http://www.uscis.govhttp://www.uscis.gov. The instructions to the form describe what evidence is needed. If you need help, talk to a lawyer about the specifics of the case. Take care, Jason
Jason,
Even if you get your i-730 approved, is there still a possibility of VISA denial at the consulate?
If so, what can be done afterwards
Thanks
We have not had that happen – yet. But we have had a case where the I-730 for the children was approved and they came to the US, but 4 or 5 months later, the husband is still waiting for his visa. We contacted the embassy about it, which was useless. I think if the embassy denies the visa, the case will return to USCIS where we can try to respond to whatever concerns they had. We may also try reaching out to the embassy again if the case remains in limbo. Take care, Jason
Thank you very much.
My concern is it approval at USCIS because they might have access to all those information and I wont be there for them to ask me which of course i will tell them the truth if I was there and they ask me.and Iam concern that it my prolong the approval
Thanks again
Hello Jason ,
So do I expedite my case ? Is there a form I fill ? Or just send a letter to the office ? If you could tell us how it’s done ? I would truly be grateful . God bless you .
It may depend on the office – most offices have a form. Contact your local asylum office and ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Do you know why it takes so long to approve the petition form
i-730.is it because no need background check of the beneficiary back in his /home country or it`s because of the volume of applications.And does this delay affect everyone or it`s for certain countries?
Thanks
We have seen some such cases move quickly; others move slowly. I do not know why, but I can say that everything is slowing down these days, so I am not surprised if such cases take longer than before. Hopefully, it will be approved soon. Take care, Jason
How long have u been waiting for i730 petition approval?
Hi Jason. Thank you for a platform like this. My husband filed for asylum a year ago. I somehow managed to join him and filed my own case (not affirmative because I filed at the port of entry). Our children also joined us a month ago and now we want to include them on my husband’s application. I understand this involves editing the I-589. With the new changes you recently posted, will his application be treated as a new application and get a quick interview date or he will still be treated as last year’s application?
If the children join his case as dependents, I believe they will all be interviewed based on his case. Whether that is soon or far away, we do not yet know, but if he filed a year ago, I imagine they will have some time to wait. Take care, Jason
Dear Jason,
Many thanks for your help in answering all our questions.
Jason my wife petioned for me form i-730 two months ago,my worries is that back in 2014 I applied for a visitor`s VISA at the U.S A Embassy but was denied and I believe it`s on my record now,will that affect the approval of my wife`s petition to join them.
Thanks
As long as you tell the truth about everything, and do not try to hide the visa denial (which you could not do anyway), I doubt it will affect your current application. Take care, Jason
Jason,
Thank you very much.
My concern is it approve at USCIS because might have have access to all those information and I wont be there for them to ask me which of course will tell them the truth if I was there and they ask me.and Iam concern that it my prolong the approval
Thanks again
Thank you very much.
My concern is it approval at USCIS because they might have access to all those information and I wont be there for them to ask me which of course i will tell them the truth if I was there and they ask me.and Iam concern that it my prolong the approval
Thanks again
Hi Jason ,
My asylum has just been approved.i want my husband who is in my country to join me here.what should I do? Is there any thing I can do from now to bring him over or do I have to wait until I get my green card
Many thanks
You file the form I-730, available at http://www.uscis.gov. After that is approved, he will processed at the US consulate. The process probably takes 6 months to a year. Take care, Jason
Hi Jason, I have two questions if you don’t mind:
1. Can I request expedite adjudication of my asylum case? It’s been 5 years since the interview.
2. Can I submit support letters from family members or updated reports of country condition at this point? (even though interview was completed 5 years ago)
Thank you in advance!
1 – Not really, but you can certainly contact them 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 for help – a link is at right. If that does not work, maybe talk to a lawyer about a mandamus lawsuit. 2 – You can, though I do not know if that would help. Take care, Jason
Hello,
I applied for asylum September 2017. I’m not waiting on interview anytime soon knowing how long it can take. I’m 30 years old and single. My parents are old. Even though they came to visit me last summer it’s more than 12 hours flight and they don’t want to come again. My question is how reasonable it would possibly be to apply for expedited asylum in my case? My parents could fly to Turkey which is one hour flight from my country.
Thank you so much in advance.
You can try to expedite, and maybe it would work. You can also apply for Advance Parole so you can travel and meet them in a third country. I wrote about that on September 11, 2017. Take care, Jason
Hello Jason,
I applied for my asylum in September 2017. And after reading your article I applied for speed my case, as my Husband life is still in danger back there. Fortunately I got interview call too von last oct. but I am still waiting and not receive any result for my case. Do they normally take so long? What should I do? How can I know the result? When is the right time to call or email for my case interview. I gave my interview in Minneapolis.
Thank you For your time Jason
It is common for there to be delays like this. There is not much you can do to make them faster, but you can inquire about the status of the case by contacting the local asylum office (in your case, I think that would be Chicago). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank You Jason.
Thanks very much Jason I really appreciate ur help . Is there another way I can contact u .. Thanks
My email is jdzubow@dzubowlaw.com. Take care, Jason
Happy new Jason I had my interview on November and was denied now waiting to go to the judge,, is there any chance for some to get it there when already dinied? Thanks
There is. When I started as a lawyer, almost all my cases were court cases that had been referred from the Asylum Office to the court (the people generally did not have lawyers at the Asylum Office and they lost their cases). We won the large majority of those cases. It is actually a bit easier to win cases in court. You should probably have a lawyer for a court case, and obviously the changes of winning depend on the case and the judge, but in general, the denial at the Asylum Office does not necessarily mean that you will lose in court. Also, I wrote on this topic on February 8, 2011 – maybe that would help. Take care, Jason
Dear Jason,
I submitted my i-589 in mid-September (2017) and just received a notice from UCIS setting the date of my interview for end of January 2018. I was pleasantly surprised because I expected the scheduling to take years.
Gabe
Mostly, this happens for people who are under 18 years old when they file or people who had a previous asylum case. If that is not you, it is a rare event, but I have heard about the asylum offices randomly interviewing some people who filed recently. Take care, Jason
Can you please tell me what was your excuse to expedite your case? Thabk you
HI Jason.
I subutted my case on April 2015 and have been waiting for the interview. Of course I have obtained EAD and am working. Last week I received from my lawyer a message telling me that my interview is going to be this year 2018 (…..) and I have to make a payment for the remaining balance. I do not mind paying the remaining balance of course. He did not say the exact interview date. How can I know that I am scheduled. Shouldn’t I receive any information from USCIS to that effect. I need your fruitful advice. I thank you very for spending time to explains to us what is going on.
The lawyer is probably just estimating based on the Asylum Office Scheduling Bulletin (a link is at right). There is no other way to know when an interview will be, and you will not know for sure until you have the interview notice, which comes a couple weeks prior to the interview. Maybe the lawyer will be finishing up the work and so he wants to collect his fees. Take care, Jason
Thanks. But what do you mean by finishing up his work? Shouldn’t he prepare me for the interview? I am confused.
Completing the evidence packet. He should also prepare you for the interview, but that is not until you have an interview date. Take care, Jason
Thank you Jason for your fantastic writing. I enjoy reading your articles. Please keep up the good work. Happy New Year 2008!
Thank you – Happy New Year, Jason
Hi Jason had asked one attend interview and denied.can he continue getting the working permit?Thanks . Elijah
If the case is referred to court, you can renew the work permit. If the case is denied and not referred to court, then you cannot renew the work permit. Take care, Jason
Why were you denied ? If i may ask ?
Dear Jason
I got here and filed for asylum at the port of entry. Was detained and released after a positive credible fear interview result. I now wait to see the judge. is there a chance of being denied asylum after a positive credible fear result?
Yes – it is easier to pass a credible fear interview than to win asylum. It is a good idea to have a lawyer help you, as a good lawyer makes a big difference in the success rate for a court case. Take care, Jason