Your Affirmative Asylum Case Was Denied. Now What? (Part 1)

It’s getting more and more difficult to win an asylum case at the Asylum Office. So if your case is not approved, what happens?

For asylum seekers and pizza lovers, this guy is bad news.

For affirmative asylum cases, there are two possible negative outcomes at the Asylum Office level: Denial and Referral.

Denials occur only if you are “in status,” meaning you have some other type of non-immigrant status aside from the pending asylum case. Under the old system (that existed from December 2014 to January 2018), where cases were interviewed in the order received, very few applicants were “in status” by the time of their asylum decision. This is because the cases took years, and very few non-immigrant visas allow an alien to remain lawfully in the U.S. for that long (some exceptions might be the F, J, and H1b visas).

Now, under the new system of last-in, first-out (which is pretty much the same as the pre-December 2014 system), we can expect many newly-filed cases to receive decisions much more quickly, so more applicants will be “in status” when they receive a decision.

If the decision is “yes,” then you receive asylum with all the accompanying benefits. But if the decision is “no” and you are still “in status,” the Asylum Office will give you a letter, called a Notice of Intent to Deny or NOID. The NOID provides a fairly detailed explanation of why your case is being denied, and it gives you 16 days to file a response. In the response, you can include new evidence and explain why the Asylum Office should grant your case.

In the last few years, we have rarely seen NOIDs. However, before December 2014, we would see them now and again. Most often, we saw them when a new client came into the office seeking help with a response. The problem for a busy attorney is that the NOIDs give so little time to respond (16 days) and usually a few days had already passed before the person came for help.

My experience with NOIDs is that the Asylum Office pays attention to the responses. I’d guess that we were successful in getting asylum for about 50% of the people who came to us with such letters. The lesson here is that if you get a NOID, you should do your best to respond. In some cases, it may be impossible to get the Asylum Office to reverse its decision. But as they say, you’ve got to play to win, so if you get a NOID, make sure to respond–you may turn an “intent to deny” into a grant.

If you respond to the NOID and the Asylum Office still decides to deny your application (and assuming your status did not expire in the interim), you will receive a final denial. This means that your case is now over, and you can remain in the United States until your period of lawful stay ends. At that point, you are supposed to leave or seek some other status.

The problem for many asylum seekers, however, is that they do not want to return home (they are asylum seekers, after all). Even though the Asylum Office has denied their case, they want an opportunity to present the case to an Immigration Judge. This makes sense, as many cases denied at the Asylum Office are granted in court. As I’ll discuss in Part 2 (spoiler alert!), asylum cases denied by the Asylum Office are referred to Immigration Court if the applicant is out of status. But if you are denied and you are “in status,” what can you do?

If you received a final denial in your asylum case and you want to go to court, you have to re-apply for asylum at the Asylum Office. The procedure for a second application is different than for a first (check the I-589 instructions). Essentially, you submit a new application directly to the local asylum office, rather than file with a USCIS Service Center (initial asylum applications are sent to the Service Centers).

In theory, for a second application, the Asylum Office will only consider events that occurred after the first application. In other words, they typically will not revisit the first asylum application. Instead, you need to present something new if you want them to grant your case. It’s pretty rare that some new evidence arises between a first and second asylum application, and so the second application is likely to be denied. If the second application is denied, and you are now out of status, your case will be referred to an Immigration Judge, who will look at both your asylum cases.

Given this cumbersome system of having to file a second case, some applicants prefer to file for asylum when their status is expired or close to expiring (but keep in mind the one-year filing deadline). These applicants do not want to leave the U.S., and they prefer to go directly to court if their case is denied. This is certainly a reasonable plan. However, I do think it is important to consider the pros and cons of this approach.

On the plus side, if your denial arrives after your status has expired, you will go from the Asylum Office directly to court, so your case may move a bit faster. Also, of course, you get the chance to present your claim to an Immigration Judge. On the negative side, in order to make this happen, you have to wait until your status has expired (or is close to expiring) before you file your case. Some people may not like this delay. Also, you will not receive a NOID, and so you will only have a vague idea about the reason for the denial (when a case is referred to court, the Asylum Office does not give a detailed explanation of the reasons). Finally, you will not have an opportunity to rebut the Asylum Office’s reasons for denying your case, which means you lose an opportunity to win the case after the NOID is issued. For me, there is no correct answer here. The time frame of when you choose to apply depends on which path you prefer.

Of course, if you are out of status and receive a denial from the Asylum Office, your case will go to an Immigration Judge. But that is a topic for another day. Stay tuned….

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386 comments

  1. Hi Jason,

    Please give me some suggestions. When I go for any interview they ask what kind of visa u have so what should I say . I always say I have ead then they still ask visa status what should I ans ?

    Reply
    • just say I am authorized to to work in the USA and I don’t need any sponsorship from you now and in the future. I have EAD type C8, if you want you can check it. I had no problem with this so far.

      Reply
    • You should say whatever you have – it sounds like you have an EAD base on a pending asylum case. So you can tell them that, or you might just say that it is a pending immigration petition (and not discuss asylum), though if they check the code on your EAD, they will know what type of case you have. Take care, Jason

      Reply
  2. If somebody has not been called somewhere like for the interview in immigration office, but you should be it is not your fault indeed.
    You are upset with the conditions of missing transparency.
    It may remind you anarchy and missing justice.
    Meanwhile, you were able to save your life.
    You have your story and opened heart but seems no rection.
    In this context you have been purposely ignored.
    With the realisation of this fact, you became so active. Probably you have been calling a lawyer or anywhere else in order to find the answer why.

    You are doomed because you are dealing with in disabled model of organization.
    The main reason is the devastating oil crisis
    Since there is a lack of oil, gas, food or anything else including immigration this deficit will be kept hidden for a certain period of time.

    Meanwhile, you may fix this situation.

    1. You performed all necessary obligations from your side.
    2. The office responsible for your case posited the fake information on their website during this period. Mathematically they always will be in the same wrong formula.
    Therefore the rights on your side.

    In this regard, it’s ok to ignore the entire process.
    If tomorrow this office will grant you a citizenship by giving you a passport of this country, never accept it.
    You must be able to explain that you don’t need any privilege from them since such a long procrastination had changed your approach.
    The immigration like a romance between migrant and country today in love, but the next day is indifference.

    There are a number of general indicators why the immigrant is to reject the office conditions:
    1. The immigration is the speculative process where the real immigrant has been delayed, deported, disregarded and humiliated. Meanwhile, fake cases have been easy approved what is unconstitutional and perhaps dangerous.
    2. If a migrant become a citizen in another country this is official confirmation that he or she is deflector.
    But if only a new citizenship has been ignored this will literary, mean that the mechanism that made you moving from place to place was the only way to survive.

    Reply
  3. Hi Jason,

    Thanks for your informative posts. Do you know if there are specific countries that are getting background checks or delays?

    My gf has applied for asylum from Turkey. We made what we thought was a strong case and had an officer who seemed sympathetic (also female and LGBTQ). We were told to go to the office in SF for our results but found out the day before the decision was delayed.

    We haven’t been told it’s a background check, specifically. But I am wondering if this is something to do with the country of origin? Also, she and her family were accused by cops in the home country of being members of the PKK (as part of their harrassment of her/them). Not true but I suppose this might trigger a background check? We are waiting now for 4 months.

    Thanks

    Reply
    • if she stated that she was suspected of being member of PKK, it certainly triggers a long background check because PKK is listed as terror organization by USA. I guess your girlfriend may also be subject to TRIG issues because of this. If TRIG happiness, be prepared to long (close to indefinite delay).

      Reply
      • Hi Allen,

        Thanks. I should correct what I said a bit. Her cousin was accused (wrongly) of membership. She was asked to tell her connections to the PKK. But she was not and said she was not a member of the party. This was in the course of a conversation, not in a court setting. There is no legal charge, and no material support or evidence of material support. She was just at a peaceful protest when rounded up by the cops.

        It’s horrifying to imagine that just the accusation — not any actual support — would trigger TRIG. What do you think?

        Reply
        • yeah, you are right, but this TRIG process seems pretty opaque and no one knows how they decide. Another thing I’ve heard of is asylum officers are quite sensitive with groups under terror list. since the name of PKK is mentioned in the statement, officers may be a little panic about this. Hope it will not go more than that. I believe Jason can give some insightful thought about this.

          Reply
        • Unless there is some evidence that she gave money or other support to PKK (or to someone else who gave it to PKK), I doubt she will subject to the TRIG hold – there are only a few hundred people in the US subject to this, so it is not that common. I do think any familial association could result in delay, but from what you are writing, it does not sound like a TRIG hold. Take care, Jason

          Reply
          • Thank you so much Jason. It’s a relief to hear your opinion and to know the TRIG hold is not so common.

            Her uncle and cousin have had issues with the police planting PKK documents on them and being imprisoned on false charges. Do you know how being framed/persecuted in such a manner might affect the case? I am hopeful in an asylum case that our government does not take the word of other governments at face value, since she and her extended relatives have never offered support for this organization. A number of her family members have been granted asylum in other countries because of this police persecution (they are of Kurdish ethnicity).

            If you have any thoughts on timelines for this sort of thing I’d appreciate it, too.

            Also appreciate your thoughts very much Allen!

          • That can be a factor – Even if the police fabricated a connection with PKK, that could be a cause for concern with the US government (how do they know the evidence was fabricated?). If this was a relative and not you, that should be less of a problem. I think you will just have to wait and see what happens. If you inquired with the asylum office and that did not help, you could try contacting the USCIS Ombudsman (a link is at right). On rare occasions, they give you more info about what is happening, so maybe it is worth a try (it’s free). Take care, Jason

          • I wanted to send an update since good news can be hard to find these days… she got asylum! the long process is finally, officially, over.

            I hope this gives people some hope as this blog has given hope to me. Thanks so much.

          • Thank you – and Congratulations! Take care, Jason

    • I do not know, but my guess is that it is the PKK accusation. Any type of terrorism accusation can result in major delays to a case, and that may be the issue here. You can contact the asylum office to inquire about the decision, though I doubt they will tell you much. Anyway, there is no harm in asking. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
    • Awwww congrats robin.
      Pls what’s her timeline?
      Thanks

      Reply
      • thanks Faith and Jason.

        Faith, it took about 3.5 years.

        Fall 2014 – applied

        Feb 2017 – first interview scheduled (pushed back by USCIS so we could get more info)

        Aug 2017 – interview rescheduled (we wrote them a letter in the summer, we were nervous we were forgotten… and we got a date shortly after… it seemed to me writing a letter worked in this situation but maybe it was just timing). we got a lawyer and they pushed it back.

        Oct 2017 – interview

        Mar 2018 – asylum

        The first person she consulted suggested it would be wrapped up in less than a year. The bad info out there just makes everything more awful.

        Reply
  4. Hi Jason and Asylum family,

    With recent ICE arrests everywhere, I am wondering how vulnerable are asylum seekers to these arrests? Is there any law that protects affirmative asylum seekers from being detained? I know there have been few incidences that Jason had mentioned before one in Miami and one very recent with a citizen of Sudan in SF. What is everyone’s take on this?

    Reply
    • I wrote something about this (including the Venezuela case, who had some minor criminal issues) on May 3, 2017. In the Sudanese case, the many apparently had an arrest warrant from UAE (whether this was a legitimate warrant, I do not know, but it was an arrest warrant). So if you do not have any criminal issues, there seems to be no danger of being arrested. The fact that ICE arrested people at the asylum office is, to me, a real disgrace, but I think people without criminal issues need not be concerned about being arrested. We will keep an eye on this, of course, and if I hear any news, I will report it here. Take care, Jason

      Reply
      • Hey jayson, I filed my asylum in May 2017. In January 2018 someone robbed me in the street here, put the gun on my head, and took my all stuff and through my car key far away,
        That time I call police and I tried to identify him to the police, with my help in investigation the police caught that guy in Jan 26 2018. And now he is in the jail. And I receive a letter from District attorney for the compensation as well.
        So my quastion is do I need to add this story to my asylum case, or I need to file U-visa. What you recommend me ?
        Thank you

        Reply
        • You can include it with your asylum case, though it is probably not directly relevant to that case. You may want to talk to a lawyer about a U visa. Do this soon, as the incident is still recent and you need the cooperation of the police to get the U visa. Take care, Jason

          Reply
  5. https://thinkprogress.org/an-obscure-state-department-policy-change-is-likely-to-send-immigrants-to-their-death-faece8bc18ba/

    Jason, what’s your take on the article above? Why are they doing these things?

    Reply
    • This article seems a bit over-the-top. The State Department often changes how they put together the human rights reports, and they are doing so again. I think this Administration does not particularly care about human rights or especially women’s rights, but the change to the report will not send asylum seekers to their deaths. There are plenty of other human rights reports and news articles, and asylum seekers can submit that as evidence if the State Department report does not contact all the relevant info. I think it is a very sad commentary on the US’s role as a human rights leader, but I doubt it will have a major impact on asylum seekers. Take care, Jason

      Reply
      • Thank you, Jason

        Reply
  6. 1. As we can learn from history the oil crisis is repeating.
    2. As we understand from environmental science this is inevitable.
    3. Considering the economy as the guide, we use to pretend it will reshape the world.
    4. Perhaps our optimism and fake realization may mislead us towards the euphoria condition. Where we can think there is no drama and everything is ok. Here we are, already discussing the medicine.
    The condition to be irrational is a psychological and philosophical terminology
    Usually the irrationality in certain geographical locations is the achievements of an opponent.
    As per the legend every irrational formation in this world will be self liquidated.
    It may happen due to deficit of a valuable resource.
    Therefore the ideology of the opponent will be “satisfied”.

    The very first indication that the oil crisis is imminent is the failure in the immigration system. In other words, it is paralyzed in conjunction with an abnormal circumstance.
    It is the result of incompatibility in forms of the modern reality and old school foundation.

    The problem of the immigration authorities that they keep in secret their inability to process their function.
    It reflects the actual extend of the trouble where the folk other than immigrants remains outside of adequate knowledge or information.
    Meanwhile by doing research about the immigration we can find an advanced result about the time and the size of the oil crisis.
    And always remember,
    If you already have moved to a country which suppose to have oil, but you can see that the immigration cases have not been processed for a long time.

    This is a double factor to underline the lack of the energy combined with an inability of immigration principles.
    And since the immigration initially was created at the time of oil abundance
    Therefore, they cannot exist without each other.

    Reply
  7. It was 1979 the peak of the oil crisis. To find the gas in a city or town was a challenge It was not possible in many locations. It was a lack of food as well.
    It was a dramatic deficit. Simply just because no oil.
    Jimmy Crater ex president of the USA installed a solar panel on the roof of the premises. He wanted that American people would use the gas and other source of energy very carefully only when it was really necessary.
    It was the period of depression because if a country issued a special coupon what was the value of gasoline it means the situation was critical.
    20 years later in 2000 the crisis happening again.

    Meanwhile, another donor appears and now geologists and scientists say we are running out of oil.
    As the statistic shows that the biggest portion of oil consumption in the transportation.
    However, this sector may be pretended as entertainment..
    Since whatever people drive or fly. All this is to see somebody or something. Or visit, or go to any place just to keep on moving.
    The service transport is not in this list, however, they also have to be rational.
    Just look at the portrait of any car driver and how they may help in this investigation?
    Why on coming oil crisis is connected with the immigration process?
    1) When immigrants arrive in a country they start burning oil of local people.
    2) The immigrant may think. I came from the country where we had one car in the entire village. I was dreaming to come here to take a car into a credit and drive it as long as I want.
    3) Now we understood the immigration office position that not all immigrants may come and burn oil by means of driving a vehicle for no reason or whatever they may do.
    4) It will be compulsory for every citizen too.
    5) The modern immigration rate and destinations stipulated with the availability of oil in that region.

    Then new oil fields were used to restore a production.
    And people forgot about Carter’s message. The panel was removed when he finished his presidency by the less rational leader.
    However, history is repeating in this context because the oil is an infinite resource.
    We can use a coal as a visual example, it needs a thousand of years to grow again.
    The same with the oil or any other limited resource even we can’t see them.

    Reply
  8. Hello Jason,
    I had my interview almost 2 years ago, my Lawyer got mail from the asylum office last week indicating my case been refused but they had wrong address for me on the mail so I did not got the mail. I assume the Immigration court is having wrong address for me too so I won’t get the court appear notice. what should I do to get the mail or get the court notice forwarded to me?
    thanks,

    Reply
    • Which Asylum Office handled your case?
      You should file Form AR-11 (Change of Address) online.

      Reply
    • You can contact the asylum office and give them your new address – use form AR-11. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also contact your court (or your lawyer can do this) and update your address with form EOIR-33 (you also need to send a copy to the DHS Office of the Chief Counsel – links to this office and the Immigration Court are at right). Finally, you can call 1-800-898-7180 and enter your Alien number. The computer will give you your next court date, though it may be too soon and you may not be in the system yet. Check that once a week. I am writing something on this topic and plan to post it this week, so maybe check back if you are interested. Take care, Jason

      Reply
      • Thank You so Much sir,
        That is very helpful specially the phone number.

        Reply
  9. Hello Jason,
    i have very basic question asked many time to my friends and every one give different answer.

    if i get rejection for my Asylum Application and get deportation i have 2 children both born in USA (USA Citizen) aged 3 years and 1 year.
    My friends say i will get life time Ban to enter in USA after deportation even my children cannot apply visa or green card for me when they will be 21 years old.

    Can you please guide me that in case of deportation will i get some kind of Ban also? if yes then Ban for how long? in the way of any Ban can my children apply for visa or green card for me in future?

    Reply
    • There are different types of bars to return. The only lifetime bar is if your asylum case is found to be fraudulent. This is very rare. If you are ordered deported by a judge, the typical ban is 10 years, and if your child is 21 and files for you (or if someone else files for you), you can apply for a “waiver” to request to return earlier than 10 years. It just depends on the specifics of your case. Take care, Jason

      Reply
  10. I entered to USA with B1/B2 visa, filled for asylum after 3 months that I arrived. Now I have almost 2 years waiting for interview. Can I apply for PERM labor certification and then adjust my status to get my green card?

    Reply
    • You would probably have to leave the US to get a green card. Talk to a lawyer about the specifics of your situation to see whether it might be possible. Take care, Jason

      Reply
  11. Thank you so much! It’s not difficult to get a good picture in such a pretty place! 🙂 Xx

    Reply
  12. Hello,
    We received notices to renew our fingerprints, but this time my 11-year old brother received a notice for fingerprinting too. I know that kids under 14 are exempt from fingerprinting. What do you think this might be?

    Reply
    • When. You did fingerprints?and when applied your asylum case

      Reply
      • We applied on August 2014 and did our interview and last fingerprints on September 2017. They did not request that my brother do fingerprints at that time, but now they want him to do fingerprints and signature. We are still pending our decision.

        Reply
        • That is a good indication showing that they have been working on your case. Hope you get good news after you do fingerprints

          Reply
        • Sorry, we did our interview and fingerprints on September 2016 not 2017.

          Reply
          • That’s an unusually long wait for a decision.
            I would consider contacting your congressman or the USCIS ombudsman to get them to find out why is it taking so long. What is your country of persecution if you don’t mind sharing?
            Generally, fingerprints are required every 2 years. But Jason might be able to advise about the age issue.

        • Hi Asylumist, on my case they did the fingerprint on my 2 years old boy last Year. Newark office

          Reply
          • Yup. My daughter was a baby at the time of our fingerprints, and they did hers.

    • This seems to happen sometimes. I do not think it is a cause for concern, and I think he should just go to the appointment. When he gets there, they may or may not fingerprint him, but I think he should attend the appointment. Take care, Jason

      Reply
  13. Hello Jason ,

    I hope you are doing fine, today I received a letter by mail from the Asylum Office , it is a request for additional documentation, they want my original marriage certificate issued in the country where I got married . I already sent them the translated copy but not the original ,would u tell what that means , does it mean the already made a decision but they hold it till they make sure of the bona fide relationship or that has nothing to do with the decision . I had my interview three weeks ago

    Reply
    • Hi EF pls when you marrid year? and when you applid for asylum thank you

      Reply
      • It was 2013 and I applied in June ,2015.

        Reply
        • Thank you EF did you receive you appointment for asylum interview?

          Reply
          • Yes and I had my interview three weeks ago

    • I do not know what it means, but it seems like a dumb thing to ask for. Also, the chances of you actually getting it back may not be that good. If possible, make a copy of it (for yourself) and make a cover letter indicating that you are giving them the original. Drop it off in-person if you can, and have them put a stamp on your copy. Also, make sure your Alien number is on the documents. Hopefully, that will satisfy them, and hopefully, you can get it back when they are done. Take care, Jason

      Reply
  14. Thank you, Jason for giving us so great advice on this forum. I am writing you to ask some advice about my case. It’s been about three years since I applied. However, although I have a strong case with some substantial evidences I wonder if I will have an interview given my present location from the asylum jurisdiction over my case.My case is pending in the asylum office of Chicago while I am in Idaho.The first time I called them, they told me that they come to Idaho State only once or twice a year for interviews because of the distance. Do you think it is going to be a good idea to move to Chicago in order to expect an interview? Are there some applicants who have never interviewed at all?One can have patience if only one is certain that from one day to the next what one is expecting would happen. Thank you in advance!!! I look forward to hearing from you!!

    Reply
    • The new system will probably mean that you will be waiting for some time, whether you are in Idaho or Illinois. I wrote about that on February 1, 2018. So I think it is probably not worth the trouble of moving, as there is no way to know whether this will make your case faster. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason

      Reply
  15. If I re applied for the asylum for the second time can I still aplly for the Ead
    And have the 180 days clock?

    Reply
    • You should be able to, but sometimes this can be an issue. The clock starts from when you file the second application. Take care, Jason

      Reply
  16. Hi Jason! I have a quick question….
    I aplied on April 2014 in Miami oficce after one year i moved my case in Boston, and i never have been interviewed, so how do you think how long i may have to wait for my interview?
    Thank you advance

    Reply
    • Hi inner,
      I applied in Newark in June 2014, then moved to Boston I added my case to the short list, had my interview in August 2014,still waiting for decision.

      Reply
    • No one knows, and under the new system, you are basically at the end of the line. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason

      Reply
  17. Hi Jason,

    Do you work with case from another states? I feel more confident to hire you as my lawyer than someone else. I’ve already filed my case since 2016 at the Vermont Service and i m still waiting on my interview. I don’t speak very well english . I would like someone who can help me to organize my documents for evidence based on my story.

    Reply
    • We do, though it is often easier to have someone local who you can see in person. In any case, if you want to contact me, my email is jdzubow@dzubowlaw.com. Take care, Jason

      Reply
  18. I applied on FEB 8 2017 chigaco office so when would be my interview ? and how i prepare my case? any advices

    Reply
    • No one knows, but it will likely be a long time. I wrote about that on February 1, 2018. As for preparing the case, it depends on the case, but get evidence, write an affidavit, get witness letters, country condition evidence, maybe an expert report. Talk to a lawyer if you need help to review the specifics of the case. I wrote about this issue a bit on July 7, 2016. Take care, Jason

      Reply
  19. I’m waiting my asylum decision for 28 months ans still counting. Applied in June 2014 and did my interview in Nov 2015. I’m afraid now that may be my case in on hold because of TRI but no sure. my question is Mr. Jason.
    How to know if my case is on hold because of TRI? and
    will TRI prevent me adjusting my case through marriage if If I marry a US Citizen?

    Thank you,

    Reply
    • What is TRI?

      Reply
      • Normally it is abbreviate TRIG – terrorism-related inadmissibility grounds. Basically, denying people status in the US because they supposedly supported terrorists. However, the law is extremely over broad and often punishes the victims of terrorism. I wrote about that on June 24, 2016. Take care, Jason

        Reply
    • If you are subject to a TRIG hold, there is no way to know how long you will wait. I do not know for sure whether it would affect a marriages-based GC case, but I think it would (I have a case similar to that now, which is pending, but it is too soon to know whether the TRIG issue will affect the GC). You can try asking the asylum office if there is a TRIG hold, but I doubt they will tell you. However, if you gave money or support to terrorists, even if you did not want to, you may be affected by TRIG. Take care, Jason

      Reply
  20. Hello Jason,
    I applied for asylum at the New York office on November 2017. When could I expect my interview to be with the new rule ? Thanks so much for your kind help.

    Reply
    • No one knows. We will have to see how they implement the new policy, and it is still too soon to know. You could have an interview soon, so you should get prepared, in case that happens. Take care, Jason

      Reply
  21. Hi, Jason and thank you for everything just need to ask you something I applied for asylum and I had a student visa F1.
    I had the interview and I left the USA to see my family in a deferent country I left with f1 visa valid and then I got a Scholarship to University and Germany while I went to Germany my asylum was approved and they send me the document do you think I can come back to us to clame the approve I really don’t know what to do am only 20. Thank you.

    Reply
    • Karam, did you apply for advance parole?

      Were you still attending school in the US with your F1 visa? In valid student status?

      Did you, at any point, travel to your home country?

      I think depending on how you answer these questions will determine the outcome.

      Jason will advise you, though.

      Reply
      • It may be possible to get Advance Parole after a person leaves the US, but I am not sure, and they would have to talk to a lawyer to check that. Take care, Jason

        Reply
    • I am not sure about that. Maybe you should contact the US embassy in Germany to ask whether they can help. Otherwise, you might need a lawyer in the US to research whether there are any options for you. If you find an answer, please let us know, as that will help others. Thank you, Jason

      Reply
    • I think you need to proof why you’re not ellegible for asylum in Germany, esp if you’re Syrian and Germany
      Is by far accepted the most cases of polytical asylum from Syria compared to other western countries

      Reply
  22. Thanks for keeping us stressed out!!

    Reply
  23. Hi Jason
    I have a question….
    I came usa in Jan 2016 with my wife…and my three kids are in india …i apply political asylum..
    in India my situation was very bad I prestiquet by ruling party…and beaten by police many time.so I leave my coutry..
    In August 2016 our party leader killed by four people…
    And after some time my friend killed by four people.
    I apply my case nov 2016 ..i mention these muder in my story too…

    Is these muder help me to win my asylum…..i have all news paper evidence online….

    Thanks in advance….pls must reply…

    Reply
    • I don’t know the case, but it sounds like these murders are very relevant, since you are in the same political party. Evidence that people similar to you are harmed or killed in your country is important for an asylum case. Take care, Jason

      Reply
  24. Hi Jason,
    Do thank you for your valuable response regarding asylum.
    My case has been referred to court and recently scheduled for Nov 2018. Is there any way I can expedite my case? It has been 4 years since I separated from my son. So painful and missed him so much. I am a single mother he is living with his grandparents.
    Thank you

    Reply
    • I’m so sorry you’re dealing with this.
      Until Jason replies, please refer to his post dated 04/20/17 about expediting a case in court: http://www.asylumist.com/2017/04/20/expediting-a-case-in-immigration-court/
      From one mother to another, I really hope you reunite with your child soon.

      Reply
    • It is not easy, but it is possible. I wrote about that on April 20, 2017 – maybe that would help. Take care, Jason

      Reply
    • I feel you. Best of luck, dear.

      Reply
    • Hi ! Can you please tell me in which court ? I mean what state NY, NJ or somewhere else . When did you had the Master Hearing!? The reason why I’m asking is because I’m waiting for Master Hearing which i have in June… so just to prognose my court date ! Thank you

      Reply
      • Knowing the court won’t help much, as each judge in the court has his/her own scheduled, and sometimes there are big differences between judges. Take care, Jason

        Reply
  25. Hi Jason.
    Do you have a case filed between January -December 2017 that has been interviewed or scheduled to be interviewed soon.
    Thank you

    Reply
    • Friend at new york
      Filed January 2018
      His interview March 15

      My case
      Filed Decmaber 2015
      No interview yet
      Chicago office

      Reply
    • We filed a case in mid-December that is set for an interview next week in Virginia. Take care, Jason

      Reply
      • Hi Jason I filed my case in mid December, Virginia. No interview schedule yet. Why??

        Reply
        • Probably because they are receiving more applications each week than they can interview. If that slows down (or they speed up), maybe they will get to you. We have cases from early January 2018 that are not yet scheduled, and under the new system, they should be interviewed before a December 2017 case. Take care, Jason

          Reply
  26. Thanks Everybody,

    Today I got my asylum approved.
    My timeline,

    Applied Asylum July 23 2015 in Newyork
    Interview February 7 2018 Beathpage
    Got Approved February 20 2018

    Thanks Jason.

    Reply
    • Congratulations Carl
      Thank you for sharing with us.

      Reply
    • Congrats!!! 🎉

      Reply
    • Thank you for sharing, and Welcome to the USA! Jason

      Reply
    • Congrats, Carl! This shows that you can’t really predict when you will get a notice for interview as Carl filed almost three years ago and was called (even though Carl filed well before the new schedule)

      Reply
      • Yes, and I wish people would stop asking Jason to predict when their interviews are going to be. We don’t know how the new prioritization policy will be implemented. Also, different offices may implement it differently, so only time will tell.
        Or a crystal ball 🔮.

        Reply
        • I do actually have a very nice (but kind-of small) crystal ball. I can’t make the damn thing work though…

          Reply
          • They don’t make them like they used to. SMH

    • Congratulations. We like to hear good news

      Reply
  27. Hi Jason.
    I applied my asylum case at Houston office with receipt date December. 14. 2017. When should I expect my interview to be with the new memo changes ?

    Reply
    • It is unknown, but it could be soon, so make sure your case is ready to go in case you are called. As time goes on, we will get a better idea about how the different offices are implementing the new policy and how cases are moving, but we don’t know yet. Take care, Jason

      Reply
      • Thank you very much

        Reply
  28. Hi Jason,

    I hope you are doing good. I was granted Asylum almost two years ago and my green card is in process . I also have my EAD extension application in process , simply because USCIS didn’t process my green card on time so my EAD expired after two years from my asylum grant so now I have two pending cases with USCIS , now I want to apply for travel document , but I am just double minded whether to apply or no , I just don’t want to overwhelm USCIS with my applications, my concern is that maybe the application for travel document might slow down the processing of my green card . What do you suggest about this , should I just apply and not worry , or should I wait until USCIS completes my green card processing and then apply for travel document . Appreciate your feedback about this .

    Reply
    • I do not think one will affect the other, so I think you can apply for a Refugee Travel Document if you want it. It should not affect the GC application. Also, potentially, you can use your I-485 receipt to show that you already paid the fee, and this could avoid paying separately for the RTD. This does not always work, and it could cause delay, so you might just want to pay for the RTD. Or you could give it a try and see what happens. Take care, Jason

      Reply
    • i do not believe the EAD serve any purpose in your case . all you need to work legally is your driver license and your unconditional SSN card . so you do not have to worry about the EAD part . correct me if i am wrong Jason .

      Reply
      • If a person has asylum, they technically do not need an EAD to work. However, many employers (and DMVs) want to see that, and so it is very helpful to have it. Take care, Jason

        Reply
  29. I had my interview today at the Houston Asylum office.
    Timeline:
    Applied on January 2015.
    Put my case in the short list December 2016.
    Called for interview March 2017 (I canceled interview because my case was not ready)
    Called second time for interview February 2018.

    The officer was friendly and direct to the point. He told my interpreter at the begging that the interview will be fast and the interview was 1 hour 30 minutes.

    I have to pick up my decision in 2 weeks. If you have any question let know. Jason THANK YOU I have been reading your blog everyday for 3 years.

    Reply
    • Thank you for sharing this, and good luck, Jason

      Reply
      • I had my interview five weeks ago at the same Office and the officer told me not to come to pick up the decision will mail out and I’m still waiting since then.

        Reply
        • It is common. Hopefully you will get a good decision soon. Take care, Jason

          Reply
    • AG please can you contact me, it’s my phone number 3467778747, I am here in Houston, I need some help about asylum too,

      Reply
    • AG please can you contact me,

      Reply
  30. Hi Jason,

    Just a quick question, did any of your recently filed cases get an interview date?

    Reply
    • My law partner filed a case in mid-January and it is scheduled for an interview next week. Take care, Jason

      Reply
  31. Hello Jason, thank you for the good work you are doing here and may God reward you.

    Please I want to ask a question, I’m gathering my support document now. For supporting the letter, is it a must to notary it? My friend sent me a letter with his passport attached to the letter. Is that okay? Or must it notarized?

    Reply
    • WE almost never have letters notarized – we just get the person’s ID and attach that. I wrote something on this topic on August 16, 2012 – maybe that would help. Take care, Jason

      Reply
  32. Hi apply for asylum since oct 2015 still Iwait for interview please do you have any idea when will be my inter view thank you for answer

    Reply
    • No one knows – I posted last week and the week before about this; maybe those will help. Take care, Jason

      Reply
    • Hi
      Are you Syrian?
      From Aleppo?

      Reply
  33. Hello Jasson,
    I did my second interview 2 months ago and at the end of the interview I asked the IO when to expect the decision and he said “I will submit my decision now to the supervisor and if you don’t receive anything in 3 months, you can open a ticket”. My question is supervisor review is requested for bad or good decision???

    Reply
    • Every case is reviewed by the supervisor, so I think this does not tell you anything about the results, though hopefully it signals you will not wait too long for a decision. Take care, Jason

      Reply
  34. Hi, Jason

    I Have questions about my mom, my mom has filled asylum application and she wrote my name(21yrs) and my brother’s name (17). Now she already got her ead ssn state ID but me and my brother arent at USA yet, We will go Next year , can we get ead ssn state ID after we get there or we need to wait years after case get granted? If We cant get the ead ssn , Do We count as illegal and cant apply for school etc

    pls i need an answer.
    Thanks in advance Mr.Jason.

    Reply
  35. Hi,
    I am asylum seeker waiting for final decision:
    1) Can I buy a house here?
    2) Can I apply for loans here?

    Thanks

    Reply
    • 1. yes
      2. yes, whether you can get the loan depends on your credit score and history. interest rate will be high until you have some types of long term or permanent residency in the US

      Reply
    • Yes and yes, but I do not know whether all banks will accept that. You will have to check with the bank. Take care, Jason

      Reply
    • I did both,
      it depends on the loaner, usually big banks like chase or wells fargo doesn’t accept EADs with C05 category. I applied with a small loaning company. They accepted me with no problems. They just verified my employer & paystubs transactions. Find a real estate agent, he will get you connected to these small loaners

      Reply
  36. Dear Jason,

    Thank you for another great work, I’m truly grateful.

    Following you articles regarding ‘post 90days arrival asylum application’, i have decided ( until now) to cool-off but this article points to the fact:

    1. There will not be removal order on me while I’m status 2. I could seek other status lawfully without the fear of been removed as this may not be on my records perhaps.

    However, where things gets delayed than necesary, i perceive one’s still run the risk of removal as this may come say 7months (or more) post application in which case the applicant would have been out of status.

    Please do confirm, is there a timeline set in the new application guidelines that points to aplication and response time? If yes:

    When can an applicants who’s in status like myself hope to get reply/ judgement under the new process?

    Reply
    • I am not sure I understand your questions. If you file for asylum, you are allowed to remain here until your case is decided – you will not be deported without seeing the judge and appealing (if need be). The new system should result in faster interviews for most people who file now. I expect they will only take a few months, but we do not know yet, as the new system has just gone into effect. Take care, Jason

      Reply
  37. Hello Jason, Millions thanks for the great job you are doing for asylum seeker. I applied for asylum in 2015 and have not been interview yet. Do you think with this recent changes of first LIFO method i still stand a chance to be interview any time soon? I come from the southern part of Cameroon with an on going genocide where the Government is killing civilian as we seek for the restoration of our independence, I risk loosing my family as the killing has intensify . What can i actually do to get my interview because the pain is really unbearable, My wife and kids are very unsafe, please kindly advice me because it is getting close to 3 years waiting for interview

    Reply
    • Hey Scott,
      Have you tried expediting your case based on the information you shared? I would start with that. Your wife and kids being in danger sounds like a compelling reason for expedition.
      As always, Jason will advise you on the best course of action.

      Reply
    • I doubt you will get an interview soon under the new system. You can try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason

      Reply
  38. Have you ever heard someone using RTD got denied to come back in USA? I will apply for RTD soon.
    Thank you so much

    Reply
    • Hi Nyc! Very good question! I have never heard anyone who travels with RTD being denied entrance (I know quite a few asylees and PRs who use RTD). What I have heard, however, is that asylees who travel with RTD are getting stopped- sometimes interrogated for hours in a small room and eventually released! I know about 5 people who experienced this. All the five people have agreed that they don’t think experience was worth the travel as it was horrible- the treatment that is. They all believed that they were treated like they were trying to smuggle drugs, or they were up to no good. They even said that they felt embarrassed as everyone was looking, perhaps believing that they had some contraband on them.

      Of all the people who traveled using RTD, the ones who have PR cards don’t seem to share the exact experience. However, 2 of them said they were mistreated by the immigration officer ( in the form of snide remarks by the immigration officer and almost being berated for “lying to the US government”).

      If all these accounts of their experience are true, then I would want to believe that their experience is in line with what Immigration Equality has concluded: They believe that while it is OK to travel, as an asylee, they wouldn’t advise that you do so until you become a PR. They feel that, in light of the new administration’s efforts to curb legal migration, and some immigration officers’ limited knowledge of statuses such as asylee, they would not recommend that you travel until you become a PR. This they believe will save you a possibly big inconvenience.

      If, however, you must travel, then I think you should definitely do so. Personally, if you don’t have to, don’t- especially if you have any kind of “infractions” on your record. And, the infractions are not only limited to serious crimes- they could range from a parking ticket to accruing unlawful status before your apply for asylum. I know that people are going to tell you it’s perfectly fine, but they don’t tell you what happens behind the scenes, so to speak.

      Reply
      • Thank you. I have not heard about people having this much trouble, but I have heard about RTD people getting extra scrutiny when they arrive. Of course, if it is a different matter if you have criminal convictions or arrests. Then you should talk to a lawyer before traveling. Take care, Jason

        Reply
    • I have never heard of that happening, and I think it is safe to travel with the RTD. Take care, Jason

      Reply
  39. Jason Hi
    Comments from previous topis disapeared. I did not see your answer. So I will repeat my question to you.
    Is it true that people who waited already for 3 years for their interview, and did not have it yet, will probably never have this interview in the future? Because of growing backlog. I have all my family with me here in US, I will not be approved for expediting of my case.

    Reply
    • You could be approved for expediting, though that will be more difficult. Whether you will ever get an interview, I do not know, but it is their intention to get through the backlog (somehow) and interview everyone. I suspect they will eventually make progress with this, but we will have to see how it goes. Take care, Jason

      Reply
  40. Let’s wait and see for changes in court !!!
    Jason like always appreciate your help & everybody else here
    God bless tou all

    Reply
  41. Hi Jason
    Great article as always
    I have a question please , iam applying for my green card based on asylum after 1 year , and iam also applying for the feewaivwr since i cant afford it. My question is with applying for this fee waiver i also send prove that iam receiving medicaid for the processing fee waiver and i as i heard and as you heard they are thinking of blocking people who received medicaid from obtaining green card , if i already filed and my i485 is pending and for example they approved that law after a month , does law apply to me and prevents me from obtaining green card ? Or it apploes for people whol will file after that bill passes ? I mean when they approve such bills , its affects everry every one or just for people file after that bill passes, since i already filled according to the current laws i think i should be ruled by the old bill! I know you are saying this public charge and receving medicaid may not be applied to asylees but iam just worried and wanted to hear your professional opinion and based on your experience from such situations

    Thanks a lot

    Reply
    • I do not think the proposal to block people who received public benefits will apply to refugees or asylees. So I think you do not need to worry about this. Keep an eye on the news in case the proposal changes, but for now at least, I think you are ok. As for whether the change (I think it is not a new law, but a proposal to change who the law is implemented) is retroactive, I do not know. We will have to wait to see whether/how it is implemented. Take care, Jason

      Reply
  42. What if you applied in the status and get denied
    Then you become out of status after 2 months
    Can you reopen the asylum case with the judge in removal proceeding anytime since you apllied before?
    Or it has to apply once again and within the one year?!

    Reply
    • If you received a final denial, and you want to go to Immigration Court, you would need to re-file for asylum as discussed above, and then have another interview (where you will likely be denied, since you were already denied once) and then you will go to court (assuming you are now out of status). Take care, Jason

      Reply
  43. Dear Jason
    GREETINGS

    I myself and my mother are the son and spouse of an asylee granted person. It’s been almost two weeks since we entered in USA. I was wondering how long would it take to obtain our Social Security Card and Employment Authorization Card.
    Also I have already submitted my G-325C and I-765 form during the time of interview back home.

    So, what furthermore process will be there to obtain my Social Security as well as Employment Authorization Card a little bit faster ?

    Reply
    • If you came here on an I-730, you should be eligible to work now, even without the EAD card. I do not know the time frame to receive it, but you can call or go to USCIS to ask. You can find the phone number or make an appointment at http://www.uscis.gov. Take care, Jason

      Reply
      • Thank you for your response Jason. Your quick response is highly appreciable.
        According to your instructions I called USCIS but they asked me about the receipt number which we don’t have for I-765 form. What should I do next ?
        Also, How do we get our Social Security Number ?

        Reply
        • Maybe you should try making an Info Pass appointment and going in person with your I-94 and other evidence of asylee status. You can do that at http://www.uscis.gov. Once you get the EAD, you can get a SSN card. Take care, Jason

          Reply
  44. Hi Jason

    I have posted regarding my case yesterday but I didn’t get any reply from you. My case is about I’m a international student here my dad and mom came to us for my graduation ceremony but that’s not the main reason to come. My dad having threat from family members. My mom went back to India. My dad overstayed now it’s been 8 months and he would like file for asylum. Our main concern is it should not be a concern to me I’m going file h1 in April will that be a problem. And what are chances of approval for asylum for him. He is 55 years old. And if mom wants to visit us in future will that be a problem to her? I hope you reply to my questions. Thank you

    Reply
    • I did reply – please check that. Take care, Jason

      Reply
      • Hi Jason

        I’m so sorry but I cannot find it now.If you don’t mind can you reply me once again here thank you!

        Reply
        • You would have to re-post the question. Thank you, Jason

          Reply
  45. thank you for the post

    I applied for religious asylum in Jan,2018
    they scheduled for my interview very soon which surprised me because usually it takes 2-3 years to be interviewed, I attend the church but I haven’t been baptized yet, my baptism will be after the interview ( because when I applied I never expect to have the interview too soon)
    should I reschedule the interview to be after I receive my baptism certificate?

    Reply
    • Can I ask when is your interview and which office ?

      Reply
      • Pls can you tell us your timeline and the office where you applied.
        All the best in your interview.
        Regards.

        Reply
    • Please see my previous reply. Thank you, Jason

      Reply
    • Let us know about the result . Best wishes

      Reply
    • oh man!you applied for asylum for being christian before even becoming a christian. I am not saying you are fake but asylum officers are very frustrated with Chinese religious asylum seekers with exact same stories. many of their lawyers produce applications in mass and very careless. I’ve heard stories about Chinese people file application with stories about being christian and fearing to return China but the dates they started to attend churches are after they sign contract with their lawyer. It is a clear suggestion that lawyers made up the stories and asked them to attend churches. This is a red flag for asylum officers. Because your situation is very similar to the situation of many Chinese cases, which is deemed to be fake by many asylum officers, you should be very well prepared for these types of questions.

      Reply
    • You should withdraw your asylum application while you still can.
      You will be denied and possibly banned from the country for many years for trying to obtain fraudulent asylum.
      This is the most likely outcome whether you are a genuine Christian, or just started attending church to receive asylum.

      Reply
      • even though many of us do not like the new scheduling rule, such cases are giving credits to Trump Admin for their rule change.

        Reply
        • Pending

          I arrived the USA few months ago
          I practised my religion in my home country
          And pabtism here is a long process takes time
          You can’t be baptized in one day!
          I thought it would take me 2 years to be interviewed! At that time I would be baptized but the new system makes it faster
          I have been to the chuch since I arrived here
          So you can’t Judge without knowing my case

          Thanks for you all

          I will Inform you later of what happened

          Reply
      • I disagree. Just because you have not yet been Baptized does not mean you are not a genuine Christian or that you do not face persecution in the country. It totally depends on the case. Take care, Jason

        Reply
  46. Hi Jason,
    I did my interview 2 months ago and when i was back home i used to work for intelligence company as an electrical engineer. So do you think my past engineering experience for government intelligence company is a bad thing for my application???

    Reply
    • If the intelligence company is involved in (or suspected of) human rights abuses, it could be a bad thing for your case. Otherwise, I doubt it would have much effect. Take care, Jason

      Reply
      • I told the interviewer that i was not aware of their involvement in such kind of human abuse and also i submitted evidence that they also arrest me and torch me. please explain if it is a bad indication for my application

        Reply
        • Jason,
          to be more specific they do radio jamming device and that is the project i used to work on. thanks for prompt response.

          Reply
          • My other question is “Is Radio jamming human right abuse”?

          • Probably not, but that is not the only issue. I think they will consider who you worked for and what you did. Take care, Jason

          • It could, but I think that would depend on who you were doing it for, and what the US government thinks about your company. Take care, Jason

  47. Jason,

    I always confuse the “in status” part of the asylum application. It is my understanding that if you “lose” asylum at the asylum office while in status, you will then be given a chance to present new evidence. If you the new evidence doesn’t convince the asylum officer, then you will get a final denial. And, I also know that you can submit a new I-589 after your final denial on your first I-589

    Reply
    • Jason,

      I always confuse the “in status” part of the asylum application. It is my understanding that if you “lose” asylum at the asylum office while in status, you will then be given a chance to present new evidence. If you the new evidence doesn’t convince the asylum officer, then you will get a final denial. And, I also know that you can submit a new I-589- when you are out of status/close to being out of status- after the final denial on your first I-589 in hopes that you will be referred to immigration court where your case can be heard afresh.

      Let’s say, for example, someone applied for asylum while he was in status (he applied exactly 5 months into the authorized stay on his HB2 visitor’s visa). He was called for an interview 8 months after he filed for asylum. Based on my understanding, he would have been out of status for 7 months, and if denied, would be referred to immigration court. Does the fact that he applied when he was in status have any bearing on the kind of decision he would have received? Or, the fact that the decision came after he was out of status would qualify him to be referred to court? How do they treat the fact that he stopped acquiring unlawful status by submitting the application before he was out of status? Am I confusing “unlawful status” with “out of status”? I am thinking that he would be referred to court since the decision came after the 6 months authorized stay ended, irrespective of the fact that he filed when he was in status.

      Using the same scenario above, and using just the information I provided in the fictitious case (nothing added or subtracted)), if the person were to marry a US citizen, would he have problems securing the green card? Would he be able to go to his country or another country without having problems coming back to the US since he didn’t acquire any unlawful status?

      Reply
      • Whether you apply for asylum while in- or out- of status should not affect the outcome (as long as you don’t file after the one-year bar or meet an exception). If you have no other “status” aside from asylum pending, then you are referred to court. In your example, the person entered lawfully and did not acquire unlawful presence. Assuming no other facts, he should be able to marry a US citizen and get a GC without leaving the country. He could also travel with Advance Parole while the asylum case is pending. Whether or not he has unlawful presence does not affect either of these scenarios (though it would affect other types of cases). Take care, Jason

        Reply
    • I am not even sure that “in status” is an official legal term. You come here on a B visa for example, and you have a period of authorized stay (normally 6 months). During those 6 months, we say you are “in status.” After 6 months, you are “out of status.” Even though they are accurate descriptors, I do not know whether those terms actually appear in the law. People who are out of status and have asylum pending are in a quasi-legal status where they are allowed to be here, but they have no actual status (except for the pending case). That explanation probably just makes things more confusing, but so it goes. Take care, Jason

      Reply
      • Jason, thank you for the explanation. I understand what you are saying.

        Reply
  48. Hi Jason

    Is being in status could be a reason for denial? I am on F1 visa status and waiting for decision. Is it also better to be out of status before the decision?

    Thank you in advance

    Reply
    • Whether you are in or out of status should not affect the outcome of the case. However, if you are denied, your case will be treated differently depending on whether you are in status or not. Take care, Jason

      Reply
  49. if they want to finish the background checking in an hour, I am pretty sure the can check. But why do they play with the lives of many, who are waiting for months and months and even some years to get the decisions after interviews?

    Reply
    • The answer is: they cannot finish the background check in an hour. Because they have to match your name with many databases. Because many common Arabic names are included in various databases, most Muslims from middle eastern countries will have a positive match in in different agency databases. When there is a positive match, each agency has to manually (by human eyes) check these names. This is where things slow down. Because these agencies do not only check asylum applicants, they check Visa applicants, refugees and other people so you can imagine there will be always thousands of people in front of you. I believe background check for Visa applicants will be a priority if you compare with asylum applicants. So, if you have a very common muslim name and you are from middle east, you will have to go through this long process.

      Reply
    • The background check is apparently pretty complicated, and requires other agencies to respond to the asylum officer’s inquiries. Also, sometimes, the supervisor or headquarters gets involved and that causes delays. However, I agree that many times the delays are ridiculous and there does not seem to be a good reason for them. I have seen that problem too many times. Take care, Jason

      Reply
      • Do you know approximaty form the cases you are seeing how long muslim applicants wait in average ?

        Reply
        • If you are talking about after the interview, I would say it is not predictable. Some wait only a few days; others wait years (and counting) with no decision. It depends on the case and basically on luck. I will say that my Muslim clients tend to wait longer (sometimes a lot longer) than non-Muslims. Also, it is slower for men than for women. Take care, Jason

          Reply
  50. Hi Jason,
    Have you ever heard of a situation where a recommended approval was denied? I got a recommended approval and i have not gotten my final approval yet, I inquired about the final approval and no reply from the asylum office yet and this is the fifth month after my recommended approval

    Reply
    • Recommended approval is torture. Starting month 4 here.
      Hope you get your final approval soon.

      Reply
      • Sara,

        Keep the faith. You will get through.

        I have a friend who waited 8.5 months before his decision and he was not from any banned country nor was he from any Muslim country. He never got any RA. He just got granted asylum. He got traumatized from having to wait without knowing what his faith was. The good thing about it is that you are already technically granted asylum pending your background check.

        Reply
        • Thank you, Jamie. I’m trying to stay hopeful that I’m not going to have to wait years for my final approval.
          It’s scary business when the timeframe is “weeks, months or years”.

          Reply
          • I am not sure they fully grasp how harmful these delays and uncertainties are. Or maybe they are aware, but there is not much they can do. Who knows? I hope you are well, Jason

          • I wonder about that too, Jason. And if they don’t, or can’t afford to, think about the impact of these delays and uncertainties on asylum seekers, shouldn’t they be acting faster since these background checks are done to protect national security?
            But what do I know.
            I’ve been mostly well, thank you. 🙂 Just soldiering on.

          • As Dory says, Just keep swimming…

      • Good luck to you dear…I hope even after your approval n stay on the blog n be a motivation for us as alwats…

        Reply
        • I mean u will stay connected to the blog

          Reply
          • Thank you, Asylum Seeker 🙂 I will definitely be on here with my Asylumist fam!

          • Until you get the final approval. Then you should take a mental health break (though we will miss you). Hopefully, it will be soon. Take care, Jason

          • Hi Jason,

            can you explain the difference between Recommended approval, and a pending decision for a Background check ?
            i had my interview 7 months ago, i sent them an email last week they replied that it’s pending for Background check, and also do they mention clearly if it was referred to the Asylum HQ if it was ?

            thanks ,

          • AS, I am thinking that a pending background check is just that- a pending background check. After they have received your background check, they will then send you a decision. The RA, to me, is that USCIS agrees that you should be granted asylum but they can’t communicate to you a grant of asylum because there is something that they need to make the final decision, which is usually a grant of asylum. Majority of the time, the wait between a RA and grant of asylum is because of background checks.

            To understand the difference, you have to look at whether or not USCIS has actually communicated to you that they are recommending an approval. If they didn’t tell you that they are recommending an approval, then it’s not, and shouldn’t be considered, an RA.

            A decision pending background check can mean- and most often times does mean- that they want to grant you asylum but your background check isn’t yet cleared. So, instead of sending you an RA letter, they just hold any decision on your application until the results of your background check come back. Believe me, if they don’t want to grant you asylum at the asylum office, they are going to refer your case to court even if they haven’t received your background check results. It therefore stands to reason that an RA, or pending back ground check, is usually a good sign (of course except from the pain and suffering as a result of the wait).

            As usual, Jason will advise you further.

          • very comprehensive description!

          • Where I differ with this is that I don’t think a long wait necessarily means the case will be granted. I do not know whether we have seen a higher grant rate with our delayed cases or not, but I do know that it is pretty rare to get a denial after a person waits for a long time. I just don’t think a long wait is a reliable way to know that the case will be granted. Take care, Jason

          • RA means they agree that you qualify for asylum, but the background check is not complete. Pending decision means that there is no decision about whether you qualify for asylum. As to HQ, sometimes they tell you, but usually they don’t. I did a post about this on October 20, 2015 – maybe that would help. Take care, Jason

    • Hi Deon, That’s mean an Asylum Officer has made a preliminary determination to grant you asylum, but USCIS has not received the results from the mandatory, confidential investigation of your identity and background.

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    • I have not seen that, except maybe where the person returned to her country, or where something else changed. RA can be problematic – I wrote a piece about that on August 27, 2015. But for the most part, after a few months (or longer), the final approval arrives. Hopefully, yours will be soon. Take care, Jason

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