Heidi Boas has dedicated her legal career to assisting asylum-seekers, refugees, and other immigrants through her work with the U.S. Government, United Nations, and non-profit organizations. Heidi served as a Senior Asylum Officer at the Arlington Asylum Office (2014-2017) and currently practices immigration law at Wilkes Legal, LLC in Takoma Park, MD. Heidi’s full biography can be found here.
Contact Heidi Boas at heidi@wilkeslegal.com. To schedule a consultation with an immigration attorney at Wilkes Legal, LLC, visit our website or call (301) 576-0491.
Given the large backlog and heavy caseload at the asylum office, asylum officers are under significant pressure to complete cases as efficiently as possible. An asylum officer is allocated an average of four hours to complete each asylum case, which involves some steps that you and your attorney don’t see—including about an hour spent drafting the written decision, and about forty minutes working on security checks and other administrative tasks. When you add those steps to the two hours that an asylum officer spends conducting the average asylum interview, the officer may have only about twenty minutes to review your file before calling you in for the interview. When preparing your asylum case, therefore, it is helpful to keep the asylum officer’s time constraints in mind and avoid submitting extraneous information.
Below are some tips from my perspective as a former asylum officer on how to prepare an effective and efficient asylum claim:
The Personal Statement
The personal statement is arguably the most important document in your asylum application, but it does not need to be very long. If the asylum officer only has twenty minutes to review your file, she probably will not have time to read your attorney’s lengthy legal brief, but she should always take time to read your personal statement. Given the time pressure that the officer is under, it is best to keep your personal statement concise and to the point. I recommend limiting it to a length of five pages or less. State up front why you are applying for asylum—What harm did you suffer in the past or do you fear in the future? Why were you harmed in the past, and/or why do you fear harm in the future? Avoid including extraneous information such as details about your family background, education, and employment history. Basic information about your background is included in the Form I-589 Application for Asylum, and additional detail is often irrelevant to your asylum claim. The main purpose of the personal statement is to focus on any harm that you suffered in the past and any harm you fear in the future. Leave general references to country conditions out of the personal statement and focus on telling your story. Finally, make sure that you fully understand the contents of your personal statement before signing it, and that the statement has been translated back to you word-for-word in your language.
Supporting Documents
Keeping in mind the asylum officer’s time constraints, you should avoid submitting extraneous or duplicative documents in support of your asylum claim. For example, it is usually not helpful to submit copies of your diplomas or school records, as these documents are usually irrelevant to your asylum claim. It is also unnecessary to submit hundreds of pages of country conditions documents. Asylum officers are already familiar with human rights conditions in many countries and keep their own country conditions excerpts on hand to use when writing decisions. If an asylum officer is not already familiar with the situation in your country, the officer will conduct research and find relevant information to include in his or her written decision. Asylum officers generally consult the Department of State’s Country Reports on Human Rights Practices, as these reports are considered an objective and reliable source of information. Since asylum officers have their own resources for finding country conditions information, you should be mindful of the number of pages you submit and highlight any excerpts of a report that you want the officer to focus on.
Form I-589
Take the time to carefully prepare the Form I-589 Application for Asylum, including details about where you have lived, your education, and your employment history. This can help save time when the asylum officer reviews the form with you during your interview. If you have several changes or corrections to make to Form I-589 at the interview, it is helpful to provide the officer with a list of your changes. The asylum officer is still required to note any corrections or changes by hand on the original Form I-589, but your list can help save the officer some time.
Under “other names used,” list as aliases any alternate spellings (including misspellings) or alternate versions of your name that you have used. By listing these other names on Form I-589, you can help avoid delays during the security check process. After receiving the asylum application, the asylum office will automatically run security checks on any names listed on Form I-589. If the asylum officer learns during or after the interview that you have used another version or spelling of your name that was not initially listed on Form I-589, the officer must then initiate the security check process for that name, which could cause a delay in receiving your decision.
The Legal Argument
Asylum officers are required to undergo an extensive six-week training program in asylum law, and pass exams before adjudicating asylum cases. In addition, they continue receiving weekly training throughout their tenure at the asylum office. If confronted with a challenging or unfamiliar legal issue, asylum officers are encouraged to refer to the Asylum Officer Training Manual or consult a supervisor.
In light of the training that asylum officers receive and the significant time constraints they face, it is not necessary to submit a lengthy legal brief in support of your asylum case. The asylum officer probably won’t have time to read the brief word-for-word and may not have time to read it at all. If you or your attorney are making a novel legal argument or referencing new case law and want to submit your argument in writing, try to keep your analysis as concise as possible. A succinct cover letter can suffice, for example, instead of a lengthy brief.
Preparing for the Interview
When preparing for the asylum interview, don’t avoid addressing the tough issues. A critical part of an asylum officer’s job is to assess your credibility, so you should discuss with your attorney any potential credibility issues that could arise and be prepared for questions about those issues at your interview. An asylum officer is required to confront you about any inconsistencies in your testimony or application, give you an opportunity to explain the inconsistency, and then assess the reasonableness of your response. Be prepared to respond calmly and provide an explanation for any inconsistencies, rather than reacting defensively to the officer’s question.
After the Interview
After the interview, if you strongly disagree with the asylum officer’s decision, consider filing a Motion to Reopen or Reconsider. No form or filing fee is required. The motion should be filed within 30 days, or later if you can show the delay was reasonable and beyond your control. It is best to submit the motion by letter to the asylum office as soon as possible after receiving your decision. If the asylum office receives your motion soon enough, it can decide to call you back in for a re-interview before serving a Notice to Appear (“NTA”) on the court. Alternatively, if the NTA has already been served on the court, the asylum office can ask Immigration and Customers Enforcement to terminate the NTA and recall the case to the asylum office for another interview.
If you have been waiting months or years since your interview to receive a decision from the asylum office, you might consider filing a writ of mandamus. A mandamus can help incentivize the asylum office to call you in for another interview and finally issue a decision. Even if the asylum office’s decision is not a positive one, you can move forward with presenting your case before the immigration judge and then pursuing any necessary appeals.
I am planning on submitting my I-589 soon, accompanied by my detailed Personal Statement, and Supporting Documents.
As I cannot afford a lawyer, and for the fact that most pro-bono lawyers whom I have approached are too full to take my case, I am preparing all this by myself.
One question that I have for you is, in my personal statement, should I state what supporting document I have included to support each fact mentioned?
For example, if I say in my personal statement that I was arrested by police for marching through the city streets, in support of our Transgender rights, should I also state “see supporting document 5 (which has details about the march and the arrests)”?
Some lawyers may do that. But my opinion is that including info about exhibits in the affidavit is very distracting. I create a separate index of exhibits where I briefly state what each document is, and why it is important. But different people do it differently, and there is really no “right” answer. Take care, Jason
Jason,
We just hd our asylum interview a couple of days ago in Newark office. I want to say that so far the office has been very positive, accurate timewise. We had a 10:3a appointment, but our new attorney suggested that we submit a shorter cersion of our statement (original was 42 pages, new was 19). The officer came out saying she needs two hours to go over the case, so we waited till 12:30. The interview itself was 2h30m, my husband was generally happy about it although at times he wasn’t sure what the officer meant when asking questions. He did have an interpreter and this wasn’t a language issue. Rather – she asks what the attacker said and he responded; then an hour later she asks if he was called ‘a criminal’ besides the cases that were already discussed. He said no, and she said that his statement listed that the attacker called him ‘a criminal’, and my husband didn’t realize he was supposed to mention that once again . There were many things like that so we are not sure how this will affect the case.
My question. The officer originally said we need to come pick up the decision in two weeks. Our attorney requested that my husband comes alone (as we have teo iids, one infant), but she insisted that everyone should be present.
BUT she called two days later saying we don’t need to come at all as we’ll have our decision mailed. No timeframem, just mailed. Have you come across such a pattern? Could it be a positive or a negative sign for us? (From your experience)
How long did you wait for an interview in Newark?
We moved in early Dec., got called early March of the nect year, so 3 months approximately. But our case is of Feb., 2015.
Thank you, Feb., 2015 is what I needed.
I can not evaluate the interview based on what you said, but it is common for the officers to ask the same question in different ways or to re-visit issues and to look for inconsistencies. As for the decision, it is very common for them to call and change a pick-up decision to a mail-out. I think it is not an indicator of whether the case will be granted or denied. It happens in more than 50% of our pick-up decision cases. Take care, Jason
hi, jason
I received a letter from uscis, said ” your case has been added to our short notice list. we will contact you if an interview slot becomes available due to a cancellation” what does mean? please explain me.
Hi X Ray,
Could you please share your timeline like
when you applied asylum and when you apply for shortlist and where? I look forward your reply.
Thanks
Kusher
I applied asylum on December 2014, and I missed my first interview on September 2017 because I usually changed the address online when I moving to the new address, so they never received all of my addresses changed and when I decided to go to their office, they was advice me to change the address at the post office by to send them the R-11. After 6 weeks they are sent me this letter I wrote first.
It is a list of cases that will be called for an interview if there is a cancellation. I do not know how long it will take, but in my office (Virginia), it maybe takes a year or so. Sometimes, you get the call and only have a day or two before the interview, so make sure that all your evidence is filed and you are ready to go, in case you are called. Take care, Jason
My case is in the office of Chicago, do you think at this office I wanna also wait for longer?
I am not sure how Chicago is implementing the LIFO system. You could try contacting them and asking. You can find their contact info if you follow the link at right called Asylum Office Locator. If you hear anything, let us know, as that will help others. Take care, Jason
Dear sir, I appreciate the help you give to everyone. I filed for asylum, later read my declaration and realized I made a mistake by saying “left leg” instead of right leg. How can I correct this error on my declaration? Thanks for your time. I have not yet received a receipt notice from uscis as well. Submitted application last week.
If you submit additional evidence you can correct it then, or you can tell the asylum officer at the beginning of your interview, but don’t forget to tell the officer (and maybe have some evidence, like a medical report). If the officer asks you, and you give an answer that appears inconsistent, it could affect your credibility. Take care, Jason
Hi Jason, I read this news yesterday, will it affect on asylum seeker and refugees as well?
Trump proposal would penalize immigrants who use tax credits and other benefits
https://www.washingtonpost.com/world/national-security/trump-proposal-would-penalize-immigrants-who-use-tax-credits-and-other-benefits/2018/03/28/4c6392e0-2924-11e8-bc72-077aa4dab9ef_story.html?utm_term=.0f80ed00f46b
I think this will not affect people with asylum or refugees. But we will have to wait for the final regulations to be sure. Take care, Jason
Jason,
am so grateful and honored to see that you take your ample time to answer all the questions asked, thank you once again my the god lord bless you.
I had an interview with a asylum officer 2 weeks ago.
My case is “not denied” but also not approved. I’m send to a immigration judge. I just got notice where it says: Please take a notice that the above captioned case has been scheduled for a master hearing before the immigration court on June 6.
What that means? Is that my trial? Thank you
It is actually a “denial” by asylum officer and you are in removal proceeding. But you have a chance to present your case again in front of an immigration judge. Master hearing is not your trial but the day that you know when your trial will be. in the master hearing, immigration judge will tell you the date of your individual hearing or in some some cases ( if he doesn’t have a spot) he will give you another master heating date. Your individual hearing may be scheduled to 2-3 years from now.
Thank you so much for respond so fast. So they can’t make any decisions about my deportation on this date June 6? You think no matter this new law my first hearing can be in 2 years? Everything was so fast. I’ve applied in January and now I’m send to the judge.
Can you please tell me also how is gonna affect my asylum case if I get married to an American citizen at this moment. It would be real marriage with my boyfriend that I’m dating over a year. Not a “back up plan” marriage. Thank you so much
Your court case may go faster if you filed your asylum case in January 2018 – USCIS said that the courts would do this, but whether or not they will actually do it, is not clear. The fact that your first court date is not until June makes me think they are not going to process the court case on an expedited schedule. As for a marriage, if he is a US citizen and you entered the US legally, you are probably eligible to get a GC through marriage. The process in court can be a bit tricky, but the outcome should be a GC. Talk to a lawyer to help you through the process. Take care, Jason
It is basically a polite way to deny your case and send you to a judge where you can apply again for asylum. I wrote about this process on March 7, 2018. Take care, Jason
Hi Jason, please advise me, I applied for my gc based on 1 year asylee. Based on the USCIS processing time, it’s already over due since last two months, do you know what could be the reason for delay and how long it could take? Also can I present my asylum approval letter to my employer Incase my EAD expired so I can continue working. It has been almost 12 months since I am waiting for my gc. How soon can I apply for EAD before it get expired?
You should contact USCIS and inquire about your case. You can find their phone number or make an appointment at http://www.uscis.gov. We are seeing GC applications take longer, so I think 12 months is not unusual. As for working, you are eligible to work based on your asylum status – you can use your I-94 as evidence. However, many employers do not understand that. One option is to apply to renew your EAD (based on asylum). You will have to pay the fee, but you get an automatic extension of the card once you get the receipt – I wrote about this on January 25, 2017. Take care, Jason
Hi Jason,
I want you suggestion regarding my EAD. It will be expired in OCT.This was my second EAD. I have been given RA from last six month.Still waiting for decision.My question is how Early can I apply for Re newel because I don’t want my EAD to expire while waiting for final approval.I don’t want to loose my job as a result of any negligence of mine.Your help will be highly Appreciated.GOD bless you
If you have RA, you still have a pending asylum case, so you apply under that category and you can apply up to 180 days before the old card expires. You also get a 180 day extension on the old card when you file to renew. Take care, Jason
You know Jason My LORD is great I just received my approval Letter so I want to encourage Everyone Don’t give up GOD bless you all and I learnt a lot from you.I asked you a question and I got Answer from my GOD
Congrats!
Congrats, Sarah!!!
Do you mind sharing your asylum office and timeline?
Thanks in advance.
I just noticed that you had already shared when you got your RA. The office and timeline could be helpful to others, if you would like to share that information. 🙂
I applied for asylum 05/06/2015
my finger prints done 05/22/2015
I had my first EAD 12/18/2015
my second EAD 11/30/2016
My Interview 09/07/2017
Recommended Approval 09/26/2017
Final Approval 03/20/2018
SF
Thank you for that 🙂
Seriously, I thought it was your own Sara. You are next in line, for a miracle (FA)🎻🎤🎶
@Tina
Merci, ma belle. 🙂
Congrats!!!
Good news all the way.
This are the kind of news I love to read about.
Pls share your time line if you don’t mind.
thank you Keep Faith good new is on the way for every one !!!!!
Congrats Sarah
Thought EAD expires after two years but how come you applied for the second one just after a year you got the first one. Pls kindly enlighten me.
Thanks
Prior to January 2017, EADs were only valid for one year. Take care, Jason
Look at that!!!! So happy for you.🙌🙌
And to you Sarah, I am not familiar with you but I am equally happy for you, honey, Congrats!
Thank you. My first EAD was valid for one year that’s y I was issued 2nd EAD for two years.
Congratulations! It is always helpful to hear good news. Welcome to the USA, and thank you for sharing, Jason
Hi Jason
My i730 case status changed to « Your name was updated « while obviously i did nit make any changes to my name. Would that mean anything? Can I expect any news soon?
Many thanks,
I have no idea, but I do not find that these types of updates are very meaningful. Hopefully, you will hear something soon. Take care, Jason
Hi Ewa,
How long have you been waiting for your I-730? Are you in the USA?
Hi
I am waiting for 3 minths now.
Hi Jason,
I have a pending asylum case under LA office, filed in May 2016. Do you know any updates about LA office?
Thanks
David
I don’t, but maybe someone else does…
It really will help if some one update us regarding LA office I have also pending Asylum in LA since September /2016
No-interview sent
Thanks
I would really appreciate if someone updates me about Houston office as well.
Hi Jason I have some question am a dependent on my mums case and I filed my case separately too we did our biometrics today my questions are
1.Am I going to do another biometric regarding my own case
2.Are they going to link our cases together and we do the interview together
3.it up to a month and have not received any reply from them does this have to do with my mums case
1 – If you filed your own case, you normally should have a biometrics appointment. 2 – Normally, they would not, but once the interview is scheduled, you can contact the asylum office and ask them to do this – sometimes, they do. 3 – My guess is that if you were a dependent on another person’s case and then you filed your own case, you should have filed with the local office (as opposed to the Service Center). If you did not do that, I suggest you contact the local office and ask about this and what to do. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason, this may sound stupid, but is there a way not to attend biometrics appointment?
The problem is that my biometrics appointment is scheduled just SIX days prior to my interview, which will take place at the same building.
It is held in a different city, and I have a lot of problems getting there since I don’t have a car and that’s almost impossible to get there by public transportation in Louisiana.
I am just curious if it is possible to have biometrics taken at the same day during the interview? If not, I will definitely go, since I have no other choice.
By the way, for those who are interested: filed case in March 16, receive interview appointment on April 5.
What that’s fucking fast I filed February 27 and have not received any report yet now am scared
I just live in Louisiana, and it seems to be one of the fastest offices at the time.
It may be, but I do not know for sure whether failing to attend (or attending late) will cause problems for you. Unfortunately, the cautious approach is just to go there two times, and I think that is safest. At right there is a link call Application Support Center – maybe you can see if there is a closer place for you to go, and go there early. If they take your fingerprints, maybe you are ok and can avoid the trip (and at least they will stamp your paper showing that you were printed). Otherwise, the safest thing to do is just attend both times, even though that is super annoying and a total waste of time. Take care, Jason
Yes, that was my thought anyway, but thank you very much for your response.
This year or last year?
This year
Hi Jason and everyone hope you doing well.
I’m about to apply for my EAD and I’m in NJ.
Can you please tell me exactly which address should I use to send my EAD application? I’m a bit confuse….
Thanks
I cannot provide specific info like that. You have to check the instructions to the I-765 (available at http://www.uscis.gov) for your category of EAD. Take care, Jason
Hi Jason. Thanks for ur help always. I have a question. I was granted asylum by IJ in New York immigration court on first week of March and then second week of March I moved to Utah then I took info pass appointment and went to uscis office here in Utah for my I-94 but they said that we don’t have your file yet. But I already change my address to the uscis using online AR-11 form and I have confirmation email is well. So my question is how much time they take to transfer my file here in Utah. 2nd question is I already change address with uscis so am I need to contact again New York asylum office and asked them that they send my file here. Or they will send here? Looking for your reply thanks again Jason. Take care
They should not need your file – the only purpose of the Info Pass is to get you an I-94 and a new EAD. If you try again, and they give you the same answer, maybe ask whether you can speak to a supervisor for help, as this part should be pretty easy. Take care, Jason
Thanks Jason for your help. Yes you are right I will try again after 1 month and hopefully they will give me the I 94. Thanks again for your help. Take care. Ad.
Ayone interviewed in Boston recently?
Hello Jason,
i have a question about the Background check, my Asylum Decision is pending for a Background check for 8 months, the question is that background check the same for all asylum offices or it’s kind of customized check so officer might involve more agencies when they ask for a background check ? taking into consideration i’m from one of the banned countries .
thank you
Did you get a recommended approval already? some people get recommended approval if their background check is not completed, some other just wait for background check to be completed to get an answer. As far as I know, they are multiple agencies that check your info with their database. If your name has match ( people with same name and date of birth in their list), this agency will requite more info from the asylum office and someone will check your background manually. This is where things slow down, especially for males from Middle east who have very common muslim names.
Mine is pending 28 months. I didn’t get a recommended approval.
Hi Allen,
thanks for your great Explanation (i’m from the Middle east ), i didn’t receive any Recommended approval, just a letter from AO saying that my Case is pending for Background check and Final decision will be sent out after receiving the Background check outcome, at the same time a friend of mine who applied to the same office has been waiting for 2 years and half for decision and last mail from AO they told that his case is pending because some issue in his case hasn’t been resolved yet and that might cause an extraordinary delay ( this answer sounds to me like a referral to the Asylum HeadQuarter ), so i’m just trying to understand the process of the Background check and why it takes few weeks for some people and months and maybe years for others. hope we all hear a good outcome very soon .
It is very difficult to get an explanation about the background check, as it is not really public information (though I think it is discussed in the Affirmative Asylum Procedures Manual – a link is at right). Take care, Jason
I think they check basically the same databases for each person, but I am not sure. Some checks are very fast; others take many months or years. Why there is such disparity is not really clear to me. Take care, Jason
Hi Jason, regarding this response : .
Do you think they don’t have to wait for background check results if want to deny this case?
in other word, does good background check outcome guarantee Asylum approval ?
It does not, but if the background check reveals a major issue, probably asylum will be denied even if you have a strong case. Take care, Jason
That would make sense, but I do not think it is the case – I think they do the background check regardless of whether it is a grant or denial, so it is possible to have a long delay and then get denied. I have not seen that too often, but I have seen it a few times. Take care, Jason
I’m filing on my own and just realized I mistakenly mailed my i589 packet to the Texas Service Center. I live in Chicago, and was supposed to file it with the Nebraska Service Center. Will my application be rejected?
Unfortunately, it may just disappear. If you do not have an issue with the one-year bar, you can wait a few weeks to see whether they return it to you, but my experience with Texas is that incorrectly filed applications disappear, and you will need to re-file at the appropriate service center, and provide an explanation (that you filed in TX by mistake). You can file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) with Texas and get a copy of your filed application, if you need a copy or you need proof of your filing date. Take care, Jason
Hello Jason; thank you for every answer you give to us.
my question is if the person with asylum pending status who did the asylum interview and then he referred to the court .dose the EAD continue to renew or it will stop? because the case in the court now.
best regards
If you are referred to court, you can renew the EAD as before, until the court case (and any appeal) are finished. Take care, Jason
thanks a lot for rapid response.
hi jason
always appriciate for your great work.couple weeks ago uscis sent EAD. everything is good but her date of birth is incorrect so how can i fix it.should i send back that EAD or i should send only copy and can u please give me address too.
thanks a lot
it is about my wife’s ead
If this was USCIS’s error, they should fix it for free. If it was her or your error (for example, you listed the birth date wrong on the I-765), you will have to pay to fix it. You might want to call USCIS to ask about this. To correct the EAD, use form I-765, available at http://www.uscis.gov. The form instructions explain how to correct errors on the card. Take care, Jason
Gratings Mr. Jason
I hope you are well and healthy.
A couple of days ago some armed gunmen attacked my family where they live in My country and physically injured my son, by hitting him extremely which caused a broken-nose and his face covered in bruises.
As my son is in hospital right now, I am waiting for the final decision which cost me more than 10 months and I am totally worried about my family.
Does this terrible accident help me with my case or not? Can I share this with immigration office? What should I do? Any advice or idea which can help me?
Regards,
Gratings Mr. FAELLANI,
I hope you are well and healthy.
A couple of days ago some armed gunmen attacked my family where they live in My country and physically injured my son, by hitting him extremely which caused a broken-nose and his face covered in bruises.
As my son is in hospital right now, I am waiting for the final decision which cost me more than 10 months and I am totally worried about my family.
Does this terrible accident help me with my case or not? Can I share this with immigration office? What should I do? Any advice or idea which can help me?
Regards,
Get photos, medical reports, letters about what happened, and any other relevant evidence and submit it to the asylum office. Make sure to include your Alien number. You can ask them to please expedite the decision based on these developments. You might deliver this evidence by hand, so you can talk to them and make sure they give it to your asylum officer. Take care, Jason
Hi Jason,
My wife got an automatic EAD after asylum was granted.
I’m surprised how could this happen, since in all documents she has the right one country. 3 EAD before had he right one too
Is there any procedure to fix this?
Thank you.
Sorry for the confusion. In ead with c05 she has country of birth = country of prosecution.
Thank you.
I am still not sure I understand the problem, sorry, Jason
I do not understand your question.
There was a wrong country of birth for my wife. She’s a dependent. Is there any procedure to fix this with USCIS?
For the EAD, you have to file a form I-765 to make the correction (available at http://www.uscis.gov). The instructions explain about correcting errors on the EAD. Take care, Jason
Thank you Jason.
[…] Tips from a Former Asylum Officer (The Asylumist Blog, March 2018) [text] […]
Hi Jason.
My husband and I submitted the asylum application last October and since the 150 days already past we are thinking about file for an EAD. He is the applicant and I’m the depended. But I find a company that want to sponsor the H1B visa for me. Do this change something? Should we keep going and apply for the EAD
It’s up to you – if you are eligible to get an H1b, you may not need the EAD. But there is no harm in getting both. Take care, Jason
It’s a more like a request or an idea. If Jason did a post asking people to share their timeline of case waiting and location. I think it would be extremely helpful.
I may try this, but the LIFO system is still too new, and I do not think it would be helpful just yet. Maybe in a couple months. Thank you for the idea, Jason
Hello Jason; thank you for every answer you give to us. You’re the MVP
I received my EAD today, but no SSN, even though I applied for both on the form
Does it take a while to get it? Can I work while I wait for it? First timer.
You have to go to Social security office to apply for one. It doesn’t come with ead.
You should get it soon. If not, maybe contact he SS office and see if you can get it that way. I think you would need both documents to work legally. Take care, Jason
Hi deep.
SSN and ead both come together u don’t need to go anywhere .
I just got my ead and ssn same time
True — it’s relatively new, though, so not all of us veteran Asylumists know about it.
Really!! May be it’s something new. Because I didn’t get mine with my ead. My case is at San Francisco asylum office. So I had to go to ss office to get one.
This is a relatively new change. One of the few examples where USCIS has changed things for the better. Take care, Jason
Hello Jason
Me and my husband filed for asylum in USA but now we are going to divorce. We had very bad arguments and I moved out. I decided to file my own asylum application but USCIS rejected it and said that I need to file it to the local asylum office. Also I need to include a statement where I ask to be removed from the existing case and proceed as a principal applicant in the new case. The question is Do I need to divorce my husband or I can file my new application on my own? Thank you.
You should be able to file on your own (and submit the divorce info later). However, the procedure to file is different if you are not a first-time applicant, and it seems they have informed you of the procedure (file at the local office, etc.). If you do that, it should work. Take care, Jason
It looks like they are confirming that spouse can detach from the main applicant’s case and file her own case in a single application. If this is possible, the principle applicant can ask to be a dependent of the newly file case later( in case they are no divorced) to get a quick interview. what do you think Jason?
I heard that detaching and filing a new case should be done separately and there is risk to be referred to the court during that process. If it can be done at the same time in a single application by just wiring a statement, it could be really a way to get faster interview for married applicants.
If the person was a dependent and now will file as a principal, they have to file directly with the local asylum office. I do not know anyone who has tried it, but maybe it would result in a quick interview (or maybe not). Hopefully, we will hear from someone who tries it and then we will see what happens. Take care, Jason
ANY good NEWS ABOUT SCHEDULING INTERVIEWS for PENDING ASYLUM APPLICATIONS in LOS ANGELES ASYLUM OFFICE? Just want to know if anyone went for interview so that can get idea which month they are taking interview?
I have applied in July, 2016 and never called for interview! Just to share my timelines; others in the same office can add their status!
Have a nice weekend!
I applied in March 2015 LA, no interview yet.
I applied in May 2015 and had interview in mid March.
It was good, fast and a lot better then i thought it would be.
Also, I picked up the result after 2 weeks.
Which date did you apply please. I applied March 15 2015 but no interview yet. I wonder if they skipped me
Hi,applied in LA in nov-2014,got interviewed in Jan 2018,waiting for decision
I applied for asylum in December 2015 from San Francisco AO.Does anyone have a case from San Francisco applied in 2015 and got a call for the interview
Thanks
I applied for asylum in December 2015 from San Francisco AO.Does anyone have a case from San Francisco applied in 2015 and got a call for the interview recently?
Thanks
Didn’t apply in San Francisco, My case was in NJ but moved to WA and my case was transferred to San Francisco If it helps the following is my timetable
Applied in Oct 2015
Moved case in July 2017
Get interview Jan 2018
waiting for a decision since
Good Luck!
Thank you solxp
Good luck to you
Hi Jason, Thank you for all the guidance you provide here. I have 1 question, I interviewed in Seattle and it has been almost 3 months and didn’t get decision notice. Currently, my employer is requesting me to travel internationally is it worth asking USCIS to expedite my decision based on my work-related travel?
and if you or anyone can provide estimate wait time in SFO office it is greatly appreciated! Thank you & have a great time!
There is no estimated wait time. I would contact the office and politely explain that you have to travel for work, and then ask whether they can issue a decision. Maybe telling them about your need would help. You can find their contact info if you follow the link at right called Asylum Office Locator. The other choice is to apply for Advance Parole to travel. I wrote about that on September 11, 2017, but it takes months to get permission, and if there is a decision in your asylum case during that period, the AP will probably be invalidated (and you will lose the expensive filing fee). Take care, Jason
Hi could you please share your timeline?
Hello Jason,
My green card application was received by USCIS 3/10/2017, no decision has yet been made, I’ve contacted the senator of my state, he was told that an element of additional review process was initiated in my case, what does that mean? is there anything I can do to expedite the process? how can I get more information? is there a time frame for such a process? I’m so tired of waiting.
Thanks a lot.
Hi
What office is processing your case,
I have pending i-485 for me, my wife and two kids in Nebraska office since 04-17-2017,
Not sure what i have to do.
Nebraska office
What country are you from?
I am Syrian and I waited 22 month for the decision after the interview, LA office,
Can you share your time line?
Trying to find a connection between the delay and anything else.
MY WIFE GOT APPROVED WITH ASYLUM CASE AND WE GOT MARIED BEFORE THIS WAS DONE.
MY ASYLUM CASE STILL PENDING WE WOULD LIKE YOIUR HELP IN FILLING OUT PETION FORM ME I-730
SHE IS ALSO CLOSE TO ONE YEAR SO SHE CAN APPLY FOR GREEN CARD MY QUESTION WOULD BE DO I APPLY FOR GREEN CARD SAME TIME WITH HER OR DO I WAIT FOR THE PETITION TO BE APPROVED AND WAIT FOR 1 YEAR?
I think I previous replied to this, but you can contact me at jdzubow@dzubowlaw.com. Take care, Jason
Delays like this are – unfortunately – pretty common. The normal next step is to contact the USCIS Ombudsman – a link is at right. Sometimes, they can help (and it is free). If they do not help, the next step would be a mandamus lawsuit, and you would need to talk to a lawyer about that. Take care, Jason
Hello Jason,
Once again thank you for this eye opening information. I have a question not directly related to this topic but to one of your previous posts. You mentioned that we are friends with DHS on Facebook and I read somewhere that they also monitor our calls. Does it mean that an asylum seeker has no right to privacy?
I have not heard that they monitor calls. And anything you put on Facebook (or online anywhere) is publicly available to some extent. Whether an asylum seeker has a legal right to privacy, I really do not know. Take care, Jason
Hi Jason.
Thank you so much for all information which you are providing.
I have a question.
So of course sometimes it happens when your case can be denied, and in court the case can be denied.
So after that if person will be married on US citizen, does this person have any chances to get green card? Or it will be hard to prove for example that you didn’t had any immigration intentions ?
Yes this person have chances to get green card.
But there is no simple answer as to how much the chances are. It depends on the case.
Most importantly, the marriage has to be genuine. It’s totally legal to get married so that you will get a green card, but it’s a life-time ban if your marriage is totally fake, i.e. no love.
When such individuals are in removal proceedings, the IJ can choose to cancel or administratively close the proceedings to allow such individuals’ adjustment of status to go through USCIS (I-130 approved, but do not file I-485 unless your removal case is closed otherwise it will get denied). But again, IJ is not required to do so. However if one’s final order of removal has been issued, your case might get more complicated.
You do not need to prove you didn’t have any immigration intentions in such situations unless you trying to get another type of non-immigrant visa (that do not allow dual-intent). Filling affirmative asylum itself is evident of your immigration intent anyway.
If you get married while you are in removal proceedings, the standard of proof for a marriage is higher. So basically, you will need stronger evidence than if you were not in proceedings. Whether it is possible to get a GC this way depends on the specifics of the case, so you would to talk to a lawyer about the specifics. Take care, Jason
Thanks so much .very explicit and helpful information.
Can someone attend asylum interview with baby?
I don’t have anyone to leave my baby with so I’m forced to take her to the interview anytime they call me.
May no longer be a baby when they call us, judging from the way things are going.
LOL Tina. When I first applied, I figured we would be going there with a Pack ‘n Play for my then baby. We got called almost 3 years later for the interview, and she waltzed in with us instead.
But you never know with LIFO.
😅I just got back in here to boldy ask’ WHERE IS SARA’, and here she is. Good to hear from you. I hope you get your FA soon.
Haha thanks, sis! The whole no FA business has me in this “can’t deal” mood. Trying to keep it out of my mind so I don’t want to feel the days drag ooooon. But being on the blog with you all definitely helps.
Hope you’ve been well 😊
Been on a ‘one day at a time’ mode. Thanks for asking. I am positive you will get your FA soon. Be positive and if you can, look at the RA as FA. Its just a matter of little time.
Thank you 😊 And I hope you get your interview notice soon!
As I wake up hitting the egov.uscis to get my usual “does not recognize your receipt number” message, I wonder if I still want my FA. The RA is kind of growing on me. I’m SARA-RA. Or Sara, RA.
Maybe good things come to those who don’t want them. Or maybe there’s some unwritten rule that says: Only by loving the RA can one achieve FA.
And with that, I think I can check off “random thought of the day” on my to do.
Isn’t Ra the sun god in ancient Egypt? Does that matter?
Oh, absolutely! I’ll take that over a long, long way to run any day.
Well played.
I like this as a tag line for the asylum office: “You never know with LIFO!” Nice to hear from you, Jason
Thanks, Jason 😊 And that’s a winner right there because I suspect that they don’t know either!
You can take the baby, but you should find someone to come with you to keep the baby in the waiting room. It will be very distracting to have a baby at the interview, and I do not think the officer will even allow that. Take care, Jason
Hi Jason, thank you for another interesting article – a good inside from a former- AO prospective.
These Tips will not only help the asylum seekers, but also Asylum officers. Please pass on our congratulations to Heidi Boas on her new assignment, as she had a remarkable carrier.
And when you do get another chance to speak her, it will be worth asking her the real reason for LIFO system, other than scrutinizing the authentic cases from fraudulent. Because both these types of cases would have still coexist in older filed cases since 2014- 2017.
And Secondly, for all pending cases since 2014 onwards- how much time frame they have actually calculated to complete the backlog?
Thank you Jason!
mak, I don’t think Heidi would know how to answer the questions you are asking as it seems- and I am deducing from the article- that she is no longer with the asylum office. She is now a practicing attorney.
The reason for LIFO is to try to dissuade people with fraudulent cases from filing. If people know their case will take years, they can file just to get a work permit, even if they do not have a case. This is the theory at least. As for the time frame, they have not given one, and I am sure they do not know – as it depends largely on how many cases enter the system, which cannot be predicted. Take care, Jason
-Thank you Jason & Jamie for your feedback
Hi every body. As an asylum seeker I appled for driver license withoit EAD or SSN. I got my DL just by my fingerprint form (I797) in Texas. They give my documents, sacned them and verify me through SAVE check system ( you can google it) . After one week My request wes verified, meand my presence in US is lowful, then they issued a DL for 12 months
Hi Alex, did you go to the Driver’s licenece office after or before your finger print interview with the form I797. Am in Houston Tx want to try it out. Thanks
Today a friend of mine got call for his visa interview. He filed is case in around may 2017 at Newark. I am a regular reader of this blog. So wanted to share this with everyone. I filed my case in late 2016 … and still waiting.
Ps …. it was Nebraska not Newark
If u change your number do u need to update your number with the uscis
Good question. To be safe, I think you should. Use form AR-11, available at http://www.uscis.gov. The address will be the same, but the phone number will be different. Take care, Jason
Thanks jason…I asked my lawyer she said no u don’t need too…after following ur blog I think I know better than my lawyer abouy the asylum process
Hi dear Jason
Thanks for been always for us , i make inquiry to the US embassy through our congressman and the Embassy reply this :
Unfortunately we are experiencing a backlog of V92/V93 asylum/refugee cases due to resource constraints, workload demand, staffing shortages and CA designated priorities. The Embassy is working through this back log to try to get more cases interviewed. We have many similar, and old, cases and we are scheduling them in the order received based on the limited availability of V92/V93 asylum/refugee appointments. We are aware of your constituent’s concerns and will do all we can to move these cases forward.
I want to understand whats V92/V93 means ?? And if they have expiry date ??
Thanks for your concern
Apparently, they use the word “backlog” to get out of anything and everything. I should use that with my clients.
Thanks sara
What is v92/v93 ? Is this form or applications ? Is have a expiry date ?
I’m sorry I have no idea, Izac. I made an irrelevant comment that was the result of my frustration with this whole process.
Jason will have the answers for sure.
Good luck with your case.
A quick Google search tells me that these are follow-to-join applications, V-92 being for spouses of refugees and V-93 being for children.
Jason will have all the info you need, and without the need to resort to Google. 🙂
Don’t be so confident of me, especially with all their internal procedure and acronyms. I once saw a speech by an immigration policy guy who used dozens of government acronyms. It was funny, but I still have no idea what that guy was talking about…
I think it is just an embassy code for some type of case – probably “follow to join,” but I do not know. For I-730 petitioner, I do think there is a limited period of time that you can process them at the embassy after the initial petition is approved, but I do not know how long you have. The I-730 instructions (available at http://www.uscis.gov) may have that info. Take care, Jason
I don’t know, but maybe it is an approved I-730 petition. The reason that they have limited resources is – in my opinion at least – they have deliberately tried to delay cases for refugees and asylees. It is very cruel. Hopefully, they will get to your case soon. Take care, Jason
Sir
Is there any way to expedite it ??? Whats your opnion ?
I know of no way to expedite. You can try contacting the embassy again and maybe explaining the urgency. Or if the Congress office can do that, maybe it would help. Good luck, Jason
Hi izac. Can you kindly tell which country u from because I also have I-730 pending so just have an idea about embassy delays. May be different timeframes for different countries. Thanks
Hey Jason, thank you so much for this post it was so helpful! What if the asylum applicant already submmitted their application and the personal statement is too long, can they fix that? Maybe submit a revised and more focused statement?
We do that frequently – sometimes we get hired after the client has already filed, and we are not satisfied with the affidavit, so we re-do it. Of course, our new affidavit must be consistent with the old one, and must explain any changes. Also, different lawyer have different philosophies about affidavits. I wrote about that on May 3, 2016. Take care, Jason
Hi Sissi,
I think what everyone is failing to understand is that not every case is the same. You shouldn’t shorten your statement because of what you just read. Case in point: My personal statement was 36 pages long and I was told that the officer would not read the declaration which would spell trouble for me. Judging from the questions she asked- and the questions were very specific to what was in the declaration- I can tell that she read most, if not, all of it! Furthermore, most of the people I know who did asylum have upwards of 10-20 pages!
I don’t think (and this is just my belief) that a short statement will necessarily give you a favorable decision over a lengthy one. That doesn’t mean that you should pack your declaration with irrelevant information. However, you must be careful not to condense your declaration to the point where you have removed information that might have been relevant to your case (unless you are very good a summary writing).
Sometimes, though, and depending on the nature of the case, there is no need to have more than 8 pages, for example. It entirely depends on the case. But bear in mind that the personal statement is very important and it gives you a chance to tell your story. While you should avoid verbiage, or excessive use of words and instead get to the point, you can sometimes determine the veracity of the claims by how detailed is the declaration.
I agree with this. Most of our affidavits are 10 to 12 pages, but we have done 5 pagers and 25 pagers, depending on the case. I do prefer to keep it short if possible. Every lawyer and every applicant has their own way to do it, but Heidi’s point – to keep it concise and to the point – is well taken. Take care, Jason
Jason,
I have one more thing to say about of Heidi’s recommendations (and I know that she means us well and her points are well-taken. I promise this is the last one lol). I feel like if you can, you should submit every single corroborating evidence-newspaper articles, links to documentaries, reputable organizations’ reports on the country conditions, etc.-on your country conditions, especially if the conditions in your country of origin are not well-documented, or not many people from you country of origin seek asylum.
I agree with that, but I do not think you need to submit such evidence more than once. For example, we see some applicants who attended a protest and submit an article from the New York Times about the protest. If you’ve done that, you do not need to submit six other articles about the same protest (or even one more article), as that is redundant and only obfuscates the situation. But I do agree that a person should document every relevant fact in the case, if possible. I think Heidi agrees with that too. Take care, Jason
Thanks for your helpful info, how long do you think we should wait after interview to go “writ of mandamus” route?
There is no time frame, but you should first inquire with the Asylum Office about the case, then the USCIS Ombudsman, and if those don’t work, you can file a mandamus lawsuit. I can’t imagine you would file such a suit less than 6 months after the interview, but you would have to talk to a lawyer about your case to see what the lawyer recommends. Take care, Jason
THANK YOU SO MUCH AS ALWAYS FOR GREAT ARTICLE
HI
Me and my family interview for asylum have been Don and they give us recommend for approval letter.How much time it will take for final approval.It is already 3 month over.Do we need anything else to submit.Me and my wife already got qorkpermit for 2 yeara.
Thanks
Usually it takes a few months, but it could be longer. If it has been three months, you can contact the asylum office to inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
hey
i have been through 2 asylum interview already and it been 1 and 3 month since the first interview and 6 month since second . im waititing for my final decision, when i contacted my asylum office they said case still pending i should wait.
could you please explain me more about filling writ of mandamus? what is this stand for? you would advise me to fille for it or i should just wait for final decision?
I have not done one, but before you do that, you should make inquiries to your asylum office (as you did) and you should also contact the USCIS Ombudsman for help (a link is at right). The Ombudsman is free and probably they won’t be helpful, but you should try anyway. If that fails, you file a mandamus lawsuit. Find a lawyer to help you, but basically, you sue the asylum office and ask a federal judge to order the asylum office to do its job. The danger is that the asylum office will deny the case, as I have seen happen once. But hopefully, they will just agree to process the case and do that fairly. It is worth a try if nothing else works. Take care, Jason
thank you.
MY WIFE GOT APPROVED WITH ASYLUM CASE AND WE GOT MARIED BEFORE THIS WAS DONE.
MY ASYLUM CASE STILL PENDING WE WOULD LIKE YOIUR HELP IN FILLING OUT PETION FORM ME I-730
SHE IS ALSO CLOSE TO ONE YEAR SO SHE CAN APPLY FOR GREEN CARD MY QUESTION WOULD BE DO I APPLY FOR GREEN CARD SAME TIME WITH HER OR DO I WAIT FOR THE PETITION TO BE APPROVED AND WAIT FOR 1 YEAR?
She can file the I-730 for you, and then once you get asylum from her, you can close out your own asylum case. You have to wait one year after you get your asylum to file for your GC. The I-730 form is pretty easy, but if you would like assistance, you can email me at jdzubow@dzubowlaw.com to discuss. Take care, Jason
thank you very much.
Thank you! thank you! thank you Jason! Finally the dark side of asylum interviews revealed. I am grateful for you spend so much time writing articles which are very crucial to asylum seekers and even the attorneys. Thank you Jason.
Thank Heidi for this one. She was a terrific asylum office and she is a great lawyer. Take care, Jason
Thank you for sharing information about Asylum process.
At the time of filing asylum application, if no document evidences are submitted with application ( only personal statement is submitted), when will be the right time to submit additional evidences in support of application?
Different offices have different rules. In Virginia, documents must be submitted at least one week prior to the interview. You can contact your local office and ask about their rule. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey jason
I sent you an email abt a week ago and i havent heard from you i even left a voice mail yesterday can you plz reply to my email
I believe I emailed you yesterday. Take care, Jason
Hi Jason,
My friend is currently an asylum applicant in the US. She’s however looking at the possibility of applying for Canadian Express Entry Visa (Federal Skilled Worker Programme). Will her asylum application in the US be affected if she goes ahead with the application for Canadian Express Entry Visa?
Thank you
I am not a lawyer, but I think as long as she doesn’t apply for asylum in Canada (Safe Third Country Agreement between US and Canada), she should be fine. Skilled Worker is a whole different story.
If she obtains an offer of permanent status in Canada, her asylum case in the US will likely be denied. Also, if she leaves the US, she will probably have to abandon the asylum application. If she wants to leave and keep the asylum case going, maybe she can do that using Advance Parole (I wrote about that on September 11, 2017), but I doubt it would work, and I would recommend she talk to a lawyer. Take care, Jason