Mandamus for the Rest of Us

This posting is by David L. Cleveland, a staff attorney at Catholic Charities in Washington, DC. David was Chair of the AILA Asylum Committee from 2004 to 2005, and has secured asylum or Withholding of Removal for people from 47 countries. A graduate of the University of Rochester and Case Western Reserve University School of Law, he has published articles about asylum in Bender’s Immigration Bulletin, ILW.com, AILA, and Lexis-Nexis.

When I was in high school, I liked music by a British group called “The Kinks.” One of their songs was “Tired of Waiting.”  It goes: “Tired of waiting, Tired of waiting for you, So tired….”

Now, I am an immigration lawyer. I file cases. I wait. I get tired from time to time. My clients, of course, suffer more than me. They are really tired of waiting.

What can be done about this?

David Cleveland, pictured here listening to the Kinks.

First, I try to determine if the application is, or is not, in the hands of a real human being. There are cases that “slip through the cracks.” Supervisors at USCIS have told me–more than once–that at times, cases get “lost.” For example, an asylum case file is assigned to Officer “A” in January 2015. His boss tells him to make a decision. But, six months later, Officer A quits his job. His boss realizes that the case should be assigned to a new officer, but it doesn’t happen. The case is not re-assigned. It sits in a box in the asylum office, but no officer is assigned to it.

In such a case, the applicant can make an inquiry at the asylum office, and ask, “What is the name of the officer assigned to my case?” The applicant can ask at the asylum office reception window, “Where is my case? In whose office is it?” If the case has not been assigned, the applicant’s inquiry might cause it to be assigned. The applicant can also email the Asylum Office, but sometimes, it is more effective to go in person.

Second, the applicant can try to force the Asylum Office to make a decision by filing a complaint in the local U.S. District Court. The theory of the case is simple:

(1) Congress enacted a law–the Administrative Procedures Act–that provides that a federal court “may” compel an agency to act in a case if it is “unreasonably delayed.”

(2) The applicant filed–for example–an asylum application with the USCIS more than three years ago, and there has been no action on the application.

(3) A three-year delay is “unreasonable.”

Therefore: Judge, make the agency do something! Make them adjudicate the case!

Is a three-year delay unreasonable?

Many judges have said “No, a three-year delay is not unreasonable. Applicant loses.”

In fact, applicants waiting more than three years have been denied relief: A judge in Missouri denied relief to an applicant who had been waiting six years. A California judge agreed: Six years is not unreasonable. A judge in New York denied relief in a case involving a five-year delay. A DC judge agreed that five years was not unreasonable.

But, another DC judge said 2.75 years was too slow. SAI v. Dep’t of Homeland Security, 149 F. Supp.3d 99, 121 (D.D.C. 2015) (airport patron who alleged harassment at airport filed an administrative complaint).

In another case, Haus v. Nielsen, 2018 WL 1035870 (N.D. Illinois 2018), the government filed a motion to dismiss, arguing that a three-year delay was reasonable. The Judge denied the motion, stating that he was not “prepared to hold” that a three-year delay was reasonable. He did not say it was unreasonable, either. This case illustrates the confusion and difficulty judges have with these kinds of cases.

What happens after a complaint is filed in federal court?

A copy of the complaint is delivered to the agency (in an asylum case, the agency is USCIS). The agency then gives the complaint to its lawyer; very often, this is a lawyer at the Department of Justice (“DOJ”). The Judge sets a deadline for the agency to file a response with the court–often 60 days after the complaint was filed.

The DOJ lawyer could file a motion to dismiss the case, citing precedent that holds a six-year delay is reasonable.

Or, the DOJ lawyer could telephone the agency, and ask, “Why haven’t you made a decision on this case? Why don’t you make a decision soon? If you do, then I do not need to file a motion with the Court.” Such phone calls, at times, result in agency action.

I am aware of three recent cases in the Washington, DC area: (1) In January 2017, an asylum applicant filed a complaint in court. He was granted asylum in March; (2) In June 2017, an asylum applicant filed a complaint. USCIS interviewed the applicant a second time, and then denied asylum in September; (3) In June 2018, the applicant filed a complaint. He was granted asylum in July. In these three cases, the agency did not file a motion to dismiss. Instead, the agency did what the applicant wanted by adjudicating the case (even if the result was not always what the applicant had hoped for).

Each case is different. Many applicants who file complaints lose. But some win. If you would like more information, contact me at David.Cleveland@cc-dc.org.

Related Post

126 comments

  1. […] start with the basics: What is a mandamus lawsuit? Asylum applicants who have been waiting an unreasonable amount of time for their interview or […]

    Reply
  2. […] seems very effective to me, but there is no harm in trying. If all else fails, you might consider a mandamus lawsuit. This is where you sue the Asylum Office and ask a federal judge to force them to issue a […]

    Reply
  3. Any problem for the Asylum pending case applicants,to apply for DV Lottery 2020.
    Appreciate your comments.

    Reply
    • You can apply. Whether you will be eligible to actually get the GC based on the lottery depends on your case. I wrote about this issue on October 5, 2015. Take care, Jason

      Reply
      • Hello Jason!
        I have a pending case with Arlington Asylum office. I have been waiting on my decision almost 2 years now. I go to the asylum office every 60 days and always get the same answer that the decision is pending. I want to know if it’s normal to wait 2 years to get a decision? What can be a reason for the delay?
        Also, since I’ve been here for 6 years now, I want to try and bring my mom here. Is it possible to do that? Can the Embassy see that I am here seeking for asylum, and deny my mom”s visa based on that information?
        Thank you!

        Reply
        • There can be many different reasons for delay. Normally, it is security background checks, but there are other reasons (which I wrote about on October 20, 2015). Two years is not “normal”, but it is certainly not unheard of. At this point, you might consider a mandamus case, as discussed above. As for your mother, she can try for a visa. Normally, parents of asylum seekers have less trouble getting a visa than spouses and minor children, but your case may make it more difficult for her. In any case, she can try. Take care, Jason

          Reply
          • Jason,
            Thank you for such a quick reply. I also want to know is it possible to ask to speak with my officer at asylum office? Would they let me to speak with officer or their supervisor? When I went there last time, I asked if can talk to someone, they told me that I cannot.
            Thank you!

          • You can ask, but I doubt they would let you. But I suppose there is no harm in trying. Take care, Jason

  4. Hi Jason and every one on this blog,
    I called the Texas service center to expedite my case i730 and this morning they sent me an email requesting for evidence which I sent.
    Has anyone ever try this before, please share your experience
    Do you know any outcome of expediting form i730 Jason, pls help me.
    Thank you

    Reply
    • It is possible that they will do it. We have asked in at least one case, and it may have worked (the family landed in the US only 4 months after the I-730 was filed – this was our office’s fastest such case). If they do expedite, that does not mean the embassy will expedite, so after the I-730 is approved, you may have to also request that the embassy expedite. Take care, Jason

      Reply
      • Ok,
        Thank you Jason

        Reply
  5. Hi
    I received approval letter
    Applied Feb 2015
    Interview Feb 2018
    Approved Oct 2018

    Reply
    • Congratulations! Thank you for sharing this news and welcome to the USA! Also, I wrote a post on May 16, 2018 that may be of interest. Take care, Jason

      Reply
      • Thank you Jason
        I really appreciate you for helping us …your website was perfect for me … you gave me a lot information and help me … Thank you so much

        Reply
        • Did you make any inquiries before the approval ?

          Reply
    • Hello Fary,

      Congratulations on your approval.

      Please confirm which office was your interview held and did you ever call or intervain (in any way) before the approval letter was released?

      Best wishes!

      Reply
      • Than you
        My office was Huston

        Reply
        • I just got letter and thay didn’t call me before letter

          Reply
    • Congratulations! 8 months is a long wait, are you from middle east? Did you call them to ask about your case?

      Reply
  6. I just came back from abroad. And an immigration officer stamped on my RTD without fingers print. So do I need new i94 ? I did not get anything thank you

    Reply
    • I do not think you need an I-94, but you can check on line to see whether there is one for you. Check the link at right called I-94 Locator. Take care, Jason

      Reply
    • Hi, NYC, can you share what your experience was like? Were they pleasant? Were you taken for secondary questioning?

      Reply
  7. Thanks for your support.
    I have pending interviewed case.Recently,I faxed USCIS inquire of my case status.They replayed as follows:
    (If you would like to be considered for an expedited decision,please submit evidence as to why your case needs to be expedited).
    I would be much gratefully,to advice me what the evidence they asked for.Do they want strongest evidence more than that which I was forcefully confirmed during my interview of my serious great fearfulness of sudden torture & persecution anticipated to be occurred on basis of revenge to one or all of my family members at anytime in my home country.
    Appreciate your feedback.

    Reply
    • this is what they meant

      If you have emergent circumstances, please provide a complete description of the circumstances, and provide all documentation available (such as medical). On receipt, it will be given to the asylum office Director for review and consideration.

      Reply
    • You need to explain why your case should be expedited – I wrote about this on March 30, 2017. That post may help. Take care, Jason

      Reply
  8. Anyone from Colorado who applied in January 2018 that has got his interview?, I applied in January got biometric in early Feb, got my EAD in AUGUST, but up to now no interview notice.

    I know that Colorado is a circuit ride, but Jason
    1. any idea of if our cases are in the backlog or in the new system, my case has so far been pending for 9 months so far in the Houston office,
    2.. do you think I should inquire or just wait?
    3. Is Houston in the FIFO or LIFO
    4. are the people in such location also part of the new system?

    Reply
    • 1 – I replied to your other post. My guess is that you are in the backlog. 2 – There is no harm if you inquire. 3 – Supposedly, all offices are following LIFO, but only about 50% of new cases are being interviewed. The remainder are hoping to the backlog. 4 – If you mean LIFO, I think all offices follow this. Take care, Jason

      Reply
  9. Hi. i did asylum from san francisco . I was travelling around states . I never know i got interview appointment letter. And i got notice stating i failed to appear on interview. I was ohio at the time. I told my roommates to keep the blue receipt and that letter carefully and send me the picture . When i return back the roommate is not willing to give the letter and most probably she throw them out . I was writing a letter for reschedule of appointment. I beg you please give me some suggestion of what could be done on this case. I am really panicked. I have the pictures though.

    Reply
    • You can email the asylum office. Include your Alien number in the email. Also, attach a copy of the letter with a brief description of what happened (you were traveling and your roommate failed to inform you about the letter). Maybe they will reschedule the interview. You can find the asylum office contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason

      Reply
    • Hi Sneha,
      Sorry to hear that. Why did your roommate do that? Is there a personal reason?

      Reply
  10. Dear Jason,

    I entered US on a visitor visa in April 2018 and applied for asylum on 1st August 2018 in Arlington office I did my fingerprints on 15 August and since then no other news
    I saw here in your blogs many peoples getting the interview calls within few days of fingerprints
    Is Arlington office working as per LIFO rule and what’s the expected interview time here
    Regards
    Najeeb

    Reply
    • Arlington is following LIFO, but they receive more applications than they can interview. Something less than 50% of new cases are actually being interviewed. The others are moved to the backlog. It may be too soon to tell, but it sounds like your case was probably not interviewed, and so it is now in the backlog. Take care, Jason

      Reply
  11. Thanks once again.
    I have completed my I 765 application and will be submitting it today. What happens if my asylum clock has reached 180 days before i submit my application. does it affect the process? my Asylum clock is actually 175 days today would you advise that i mail the I 765 via USPS or FEDEX.. thanks.

    Reply
    • As long as 150 days have elapsed and the clock is still going, you can mail the I-765, so you should be fine to mail it now. I recommend you send it so the application can be tracked, but otherwise, I do not think it matters how you send it (for what it’s worth, we use USPS). Take care, Jason

      Reply
  12. Dear Jason, the

    Thank you for your reply to our questions?
    I am an asylum seeker since 2017. And almost 3 times my wife and daughter have been to the embassy for the visa interview but the last time she went, the consular asked of my whereabouts. She was nervous and told a lie that I was somewhere else, she told my wife I am a student in the United States and that I am present in the US of the last time of the interview last year December. Truly I filled for student admission in 2016 and didn’t know if the school did change my status then or not.

    After my wife’s interview that resulted in refusal, she wrote an apology letter to the embassy telling them it was not her intention to lie, and she got a reply from the embassy, that her letter was received and that she should come up with that letter and acknowledgment in another interview day. I have enrolled back to school and pursuing an associate degree in a career presently.

    Can she go back for an interview with my daughter again?

    My daughter was a baby of 1 year old when I fled religious crisis in my country in 2016 and I have not seen her since I left my country. What can I do to make my wife and daughter come to visit me as I can not focus on the class, I am always thinking of the situation they are going through because I changed to Christian.

    Thank you

    Please advise soon.

    Emmanuel

    Reply
    • She can try again, but it will be difficult for your family to get a visa, given your asylum case (since they can benefit from your asylum and the Embassy will assume they are coming to join your case, which would violate most types of visas). Some visas that should not be affected by your asylum case are H1b or L visas. If your wife qualifies for one of those that may be an option. Whatever visa she applies for, the prior “lie” will make it more difficult to get a visa and may require a waiver (perhaps under the law INA 212(d)(3)). You may want to talk to a lawyer who does non-immigrant visas for advice about how to make her application as strong as possible, and how to deal with the “lie”. Take care, Jason

      Reply
  13. Dear Jason,

    Thank you for providing all the up-to-date information to this community and all of your help.

    I last entered the U.S. in late January 2018 from Canada and decided to apply for asylum mid April 2018 because of the drastic situation change in the country that I am seeking asylum from.

    I do not know about whether there are asylum/refugee agreements between U.S and Canada. Since my most recent entry was from Canada, does it still count as I filed my application less than one year of my arrival? Because I last left the country which I am seeking asylum from in early January 2017, and it had been more than one year when I decided to file for asylum.

    I had my interview early July in the Arlington office and the AO did not raise any questions regarding the eligibility aspect. However, I have been waiting for the mail-out decision for over three months and some concerns are rushing in.

    Sincerely,

    ABDU

    Reply
    • Decisions can be slow, especially for men from Muslim countries, so it may be a normal delay. There is an agreement between Canada and the US, but whether that applies to you, I do not know, as it may depend on the circumstances of your case. If the officer did not raise that issue, it may not be a concern. Also, you can inquire with the asylum office about your decision if you want. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason

      Reply
      • Dear Jason,

        Thank you for the response. I am a Muslim from a non-Muslim country that is currently severely persecuting hundreds of thousands Muslims. I understand the delay is normal, and the office did say my case is under active review.

        When I last left the country that I am seeking asylum from, I had a layover in Canada for three days and did legally entered Canada back in early 2017(I had a visitor visa to Canada) before coming back to the U.S for study(I had F-1 student visa to the U.S.).

        My most recent entry to the United States was also from Canada in early 2018. However, I did not decide to apply for asylum until April due to the drastic situation change back home. Does it mean I am already ineligible from Asylum because my most recent entry to the U.S. was from a safe third country? INA: ACT 208 – ASYLUM did not specify well.

        Thank you so much for your help and I apologize for the trouble.

        Sincerely,

        ABDU

        Reply
        • I am not sure, as I have not looked at that law in a while, but I do not think you are barred based on the agreement. There are exceptions to the bar, and I think the fact that you entered the US on a visa meets an exception. However, I am not completely sure about this, so you might want to ask a lawyer to research the question. On the other hand, if the interview is done, there is probably nothing much you can do in terms of the Safe Third Country Agreement, and so maybe the best thing is to wait and see what the result it. Take care, Jason

          Reply
  14. Jason
    Quoting the article: (judge in Missouri denied relief to an applicant who had been waiting six years).

    What will happen to this applicant?

    I thought the court will either grant asylum, if not then will grant relief

    If he was denied reilef, what are the options? Deportation?

    Reply
    • It means that the request for mandamus relief was denied and the person must continue waiting for a decision in the asylum case. The denial is for the mandamus case, not the asylum case. If a person is denied asylum, the case usually goes to the immigration court where he would either receive asylum, some other relief, or be ordered to leave the US. Take care, Jason

      Reply
  15. Hello Jason,
    I need to go to SF office for the first time to inquire about my pending case. I need to make another appointment on the same day with a lawyer to explore my options in a mandamus. I need to know how long a walk-in inquiry usually takes at the asylum office so I can organize my scedule with the lawyer?

    Reply
    • I do not know how long it will take, but you should check the asylum office website for office hours. You can find that if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I would give yourself at least 2 hours; that should be enough. Take care, Jason

      Reply
  16. Jason,
    1- I had to pay $30 at a Syrian army checkpoint (govermental checkpoint). Is this bad for my case?
    2- If I file a mandamus lawsuit, and the asylum office referred the case to the court. Does paying the money considered bad in front of the judge? Is this an asylum bar?

    Reply
    • 1 – The problem would normally be if you paid a non-government checkpoint, and that group is a terrorist group. I think they will have a lot of questions about this payment, to determine if it really was a government (as opposed to nongovernment) checkpoint. 2 – The problem of paying money applies to both asylum office and court cases, however, in general, the asylum office seems worse about such payments. To them, any payment to anyone is a reason to delay or deny the case, but that does not seem to be how it is in court, where the judges have more ability to distinguish between such payments. Take care, Jason

      Reply
  17. Good morning Jason,

    Hope you are doing well!
    I don’t have my asylum interview scheduled yet, pending as of September 2016. Can you request a mandamus to expedite the interview scheduling? Thank you!

    Reply
    • I am not sure that would work, since you are in the backlog with everyone else from 2016. I would talk to a lawyer who does such lawsuits to see whether it might be worth a try. Also, you can try to expedite your asylum case. I wrote about that on March 30, 2017. Take care, Jason

      Reply
  18. Good morning, thank you for the great resources!
    I have a question about DV lottery. We have scheduled the asylum interview this month and I am not a principal applicant in it.
    Is it ok if I will participate in the DV lottery before the interview or you suggest to do it after it?
    Thank you and all the best!

    Reply
    • I think it makes no difference. The Lottery should have no effect on the asylum case. If you are interested, I wrote about this issue on August 28, 2018 and October 5, 2015. Take care, Jason

      Reply
  19. Hi Mr Jason, hope you are doing ok by his grace.
    Please I have a preoccupation, I attended an asylee orientation after my approval and it was stated that asylee have some benefits. When I visited the office,they outline some of these benefits amongst which was the medicaid.
    My question is do you have any idea if using this medicaid and other benefits will affect me in the future in case I want to apply for GC.
    Is there any means to also expedite my i730, I’m so worried about my family present condition.
    Thank you.

    Reply
    • Asylees are not affected by the new rule related to benefits. I wrote about that on September 24, 2018. As for expediting the I-730, you can ask in the cover letter when you mail in the form. If you have some evidence about the need to expedite, you can include that too. Whether that will work, I do not know, but certainly you can try and it may help. Take care, Jason

      Reply
      • Thank you Jason for this clarification.
        Regards.

        Reply
  20. Hi Jason,

    I am a derivative asylee. I am pregnant. I want to bring my mother to help me for few months after my child is born. Is it possible to bring my mother for short period and can we apply Visit visa?

    Thanks.

    Reply
    • She can apply for a visa. The fact of your asylum case may make it harder for her to get the visa, but this problem is usually worse for spouses and children than for parents. We have seen a number of parents get their visa, so hopefully, she will too. Take care, Jason

      Reply
  21. Hi, Jason,

    I have a pending asylum case with NY office, and I want to apply to Diversity Lottery, could you please help me with 2 questions. 1) How should I fill in my application(choose USA as country of application or my home country and etc) 2) If I win Diversity Lottery, does your office take these kind of cases? I really would like to work with a such professional and dedicated attorney like you. Thank you

    Reply
    • I can’t help with specific advice about forms on this website, sorry. I did write about this issue on August 28, 2018 and October 5, 2015. As to whether we could assist with this, we certainly could give a consultation, but whether you would be eligible to get the GC based on the lottery, I do not know. Take care, Jason

      Reply
  22. Hi Jason,

    I am grateful that this blog exists, it gives me hope when I feel like I am almost coming to the end.
    I was referred to court, and I would like to know who the judge with my case is. I saw the website on here once but I have been looking for that post in vain. Kindly post it again. My MCH is on 10/31 in Seattle.

    Thank you.

    Reply
    • Thank you Jason, you answered this in a different post. Have a lovely weekend.

      Reply
    • You can call 800-898-7180 and enter your Alien number (it is a computer). When prompted, press 1, and you will hear your court date and the name of your judge. Take care, Jason

      Reply
  23. Hello Jason
    I have got my green card through asylum a month or so ago. When I applied to register my status as PR I did submit an application with it for Refugee Travel Document. I got my green card with 5 and half months and two weeks after I received my green card I did get the refugee travel document as well. Now I am planning to travel out if country. I would like to know if can still use the RTD or should reapply for an reentry permit ?
    Thanks

    Reply
    • You can use the RTD. That document was designed for people with asylum and people who have their GC based on asylum. Take care, Jason

      Reply
  24. Is filing a complaint equal to filing a mandamus? Is seeking the ombudsman office considered a complaint?

    Reply
    • Neither one is a complaint. The Ombudsman is just an office that (supposedly) helps with delayed cases at USCIS, among other things. The mandamus suit is a lawsuit to force an agency to do its job. Take care, Jason

      Reply
      • Jason,
        The article says: “Second, the applicant can try to force the Asylum Office to make a decision by filing a complaint in the local U.S. District Court”.
        What is the difference between a mandamus and a complaint if both are designed to force the asylum office to make a decision?

        Reply
        • It is the same. The Complaint is just the document you file. The name of the lawsuit is a mandamus lawsuit. Take care, Jason

          Reply
  25. Hi Jason,

    Would you be able to tell how soon (on average) after USCIS receives the I-485 you usually receive the notice of receipt via text or email (having submitted form G1145) from USCIS? FedEx confirmed that USCIS received the application 6 days ago but the applicant has not received a text from USCIS confirming the receipt.

    Thanks for your response.

    Reply
    • I really do not know. We normally receive the paper receipt in 3 or 4 weeks. Take care, Jason

      Reply
      • Jason, thanks for your response

        A few more questions:

        The same applicant was stopped in her home country and questioned about her sexuality by the police. She was even physically assaulted because of her suspected sexuality. She did mention it in her asylum declaration, but on the form I-589, she didn’t answer “yes” to the question that asks if she was ever detained. However, in the asylum interview, and in her declaration, she did describe the experience she had with the police. Likewise, on her form I-485, she didn’t answer “yes” to the question at part 8 (question 25) that asks if she had ever been arrested, detained, charged, etc. as she didn’t know that the short homophobic experience- questioning and physically assaulting the applicant as a result of being LGBT- rose to the level of detention.

        1. First of all, did the applicant’s experience rise to the level of being detained?
        2. If it did, can the applicant write a letter to USCIS explaining the mistake on the application?
        3. What would you suggest the applicant do in this situation, especially since the applicant did disclose the encounter with the police to the AO and mention it in the declaration but never answered “yes” to the question on the actual I-589 application?

        Thanks

        Reply
        • 1 – At this point, she would have to argue that it was not a detention, since that is how she characterized it. There is no “yes” or “no” answer here. It seems to me, the best thing would have been to provide an explanation, but since it is already done, it sounds like there is a reasonable argument that this was not a detention. 2 – It might be worth doing anyway. She can say that it was not a detention, but she wanted to inform USCIS about it anyway, as it was an interaction with the police. Of course, this letter may cause more scrutiny, and so whether it is worth trying probably depends on the case. I am not sure. 3 – I am not sure whether writing a letter now is best, but if you think that will clarify the situation, it may be a good idea. At least it will (hopefully) avoid the issue of USCIS claiming she misrepresented something. But I am not so sure there is a “right” answer here, and especially without seeing the whole case, I am not sure. Take care, Jason

          Reply
          • Hi Jason, thank you for your response!

            Correction: The applicant did select “yes” on the I-589 which asks about being detained and she elaborated. She just mistakenly selected “no” on the form I-485 for the similar question. Do you think she can just juts write a letter to USCIS explaining that she made a mistake? Since she did disclose it at the interview and selected “yes” on the I-589 do you reckon that there might still be problems for her with misrepresentation especially since not disclosing an incident like that would not have helped her case since it’s LGBT-related?

          • I would be inclined to send a letter here. She made inconsistent responses between the I-589 and the I-485, and I think she should clear that up, so there is no accusation of misrepresentation. Take care, Jason

          • Thanks, Jason

  26. Hello, can asylum pending apply AOS without out of country? I got DV2019 and now I’m also a pending asylee. I dont want to leave USA tho, afraid cant come back.

    Reply
    • Hi Jason,

      I have a concern regarding petition for my mother

      my mother will come to the USA to visit my sister as my sister just had a baby.

      I will get my citizenship by the end of this month

      1- Since my mum will be already here can I apply for her for green card ? (We booked the flight ticket in June, is that good proof that no intention of staying in USA beforehand. Especially that my sister just delivered and my mum had visited us mutilple times in the past 3 years,,, this time I will have my citizenship )

      2- Which is prefered to apply from the USA or through counselor ?

      3- What the average processing time from your experience ?

      4- Do you help with filing petition ? And how much is the fees?

      Thank you so much

      Reply
      • I can generally only discuss asylum issues here, but she is most likely eligible to get her GC here as long as you are a citizen and she entered the US legally. If you wanted to discuss that case with me, you are welcome to email me at jdzubow@dzubowlaw.com. Take care, Jason

        Reply
      • Hello
        Congrats for getting your citizenship.
        Can you please kindly tell me your time frame from you have filed till Oath ? Thank You

        Reply
    • It would depend on whether you are in status or not (among other things). I wrote about this issue on August 28, 2018, but you would need to talk to a lawyer about the specifics of your case to know for sure. Take care, Jason

      Reply
  27. Hi,
    I am a high school senior granted “withholding of deportation”(a10 category) status. My family and I have lived and gone to school in North Carolina for 10 years, have been paying taxes in NC, and own 2 houses in NC. Now, as I am applying to college under the RDS “Residency Determination” for in-state tuition and they have denied me in-state tuition because I am not listed under their qualifying immigration category- though they allow for many other status such as TPS and other Asylee categories. It states on the website that in-state tuition is a benefit for taxpayers of states and that it what we have done for years.
    I have checked the Residency Determination of other states such as Virginia, California, New York, and Florida and they all include my a10 “witholding of removal” status. I cannot afford out of state tuition and as a NC resident who has been living and paying taxes here for years it is my right to get in state tuition.
    I have appealed my case but its likely to not change so I am probably going to have to appeal it to the State committee. College deadlines are coming up so I am limited in time but I want to fight for my rights to be considered a in-state resident because my future depends on it. Any advice on what to do in this situation?

    Reply
    • I would talk to the school – maybe they would be interested in helping with this issue. Also, I highly recommend you talk to an immigration lawyer. If you received Withholding, and if you are still under 18 (or maybe just over 18, but it works better if you are under 18), you might try to reopen your case and apply for asylum. I obviously know nothing about the facts of your case, but – depending on why you got Withholding instead of asylum – you may be able to do something about it. Especially if you are still under 18 years old. In any event, it is probably worth a conversation with a lawyer to see whether there is anything to be done, as asylum is a lot better than Withholding. Take care, Jason

      Reply
      • At this point NC residency has denied giving me in state tuition and the appeal has been denied as well since my category isnt listed so is the best option to get a immigration lawyer for the next step?

        Reply
        • I think it is worth exploring, at least. There is not much to lose (except the lawyer’s consultation fee). Take care, Jason

          Reply
  28. Hi Jason, I have a question. I recently got a green card through asylum. I am a derivative asylee and want to go back to my home country (totally different from my husband’s country) this winter. I have returned to my home country twice with my refugee travel document last year and came back to the U.S. without any problem (although I was taken to a secondary inspection room). Now my question is – Can I go back to my home country with my national passport given that I have a green card now? My travel document has expired and I applied for renewal but it is taking time so I am not sure if I get it by the time I want to travel. Thank you so much for your advice in advance. May God bless all of your hard work.

    Reply
    • Since you are a derivative and you do not fear harm in your country, which is different from your husband, the principal applicant, I do not see why traveling on your passport will present a problem. If the trip is 6 months or more, that could be an issue (as it is for any GC holder), but otherwise, I do not see a problem. Take care, Jason

      Reply
      • Thank you so much for your opinion, Jason! Much appreciated.

        Reply
  29. Jason pls how do i check my asylum status online after my interview. Thanks

    Reply
    • You cannot check your status on line. If there is decision after a couple months, you can email 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 (under Asylum Seeker Resources). Take care, Jason

      Reply
  30. My father had his interview May 2017
    Till now there is no decision
    We contacted the officer by email and he said that the case is finished and they will issue a decision in this month
    What is your opinion will they really issue?

    Reply
    • Anything is possible. If not, you can email them again reminding them about what they told you. Good luck, Jason

      Reply
  31. Hi Jason,

    Good morning, I have a pending asylum since 2014. Do you think my spouse applying for unemployment would effect our case in any way? I am asking coz of all these news about taking benefits (food stamp/insurance) effecting ones case?

    Thanks!

    Reply
    • This will have no effect on your asylum case, and generally if your case is adjudicated as asylee, there will be no impact.
      If in the end of day your asylum is denied and you might have a negative factor when try to apply for green card and/or citizenship.
      However, this also depends on the nature of the program. In many states, if you have worked before you paid unemployment insurance. Thus it will not be a public charge of any kind as you paid for the benefits. It’s like you bought commercial health or car insurance and insurance payment is not subsided by the state nor the federal government. Paid benefits are excluded in the policy issued recently.

      Reply
    • The public benefits rules are not yet in effect, and even when they are, they do not apply to asylum seekers. I wrote about that on September 24, 2018. Take care, Jason

      Reply
  32. Dear Jason,

    I had my interview in the Arlington Asylum office 3 weeks ago and still have not decision. I applied in July of 2018. I am on status so thats why I wasnt asked to go back and pick it up. Based on your recent experience, how long have the decisions have been taking lately?
    Similarly, Im on an F1 VISA and I need to apply for OPT soon. Should I wait for the decision before applying? Or do you think its safe to apply for OPT? I have faith in my case, but I still want to be playing safe.

    Reply
    • There is no way to predict the time frame, though probably the majority of cases have a decision after a few months. As for OPT, it seems to me that if you want to apply, you should. I do not know whether there is a time frame associated with OPT or if you have a deadline to apply, but if so, you would not want to miss that, in the event that the asylum decision is delayed. Take care, Jason

      Reply
  33. Hi Jason,
    You are our hero for this community! I do have words to express you how you are awesome person!!!
    I am an asylee (granted) before some months. I got a car accident before a week and police gave me a court order too. I am in fear Jason. Is there any influence on my status? How can I solve this issue? I do not have an attorney. I need your help please.
    Than you

    Reply
    • If it is a criminal charge, it potentially could affect your status, but that seems very unlikely. Also, if it is a criminal charge, you would be assigned a lawyer if you could not afford one. If it is only a ticket, it would not affect your asylum status. Take care, Jason

      Reply
  34. Hello Jason,
    I had my interview yesterday and I can say it didn’t go well.
    The AO was more concerned about my lawyer because she said the form she got had no statement and supporting documents but I submitted my statement and other documents yesterday morning . I went alone for the interview .

    I can confidently say it wasn’t good but she said I should come pick up my decision in the next two weeks and she requested for additional documents from my lawyer. I’m sad but God knows best.

    Reply
    • You can’t always tell the result from the AO’s behavior at the interview, so we’ll hope for good news. You might ask your lawyer why documents were not submitted in advance the interview. That is the better practice, and in some asylum offices, it is a rule. Also, make sure your lawyer submits the required documents. Take care, Jason

      Reply
  35. Hi Jason, I received a notoce to appear before the immigration judge and in the notice it was stated that my 150days wait period to apply for EAD has elapsed, does that mean I can now apply for my EAD? If yes. What’s category would my application be (c) (8) I suppose. Would I also need to send the NTA alongside my application? This are my questions amidst other worries. Thanks

    Reply
    • You can check the number of days on the clock by calling 800-898-7180. It is a computer. Enter your Alien number and when prompted, press 2. It will tell you about the clock. As for the EAD, use form I-765, available at http://www.uscis.gov, and check the instructions for info about what to file. For a person with a pending asylum application, the category is c8. Take care, Jason

      Reply
      • Thanks once again for your kind responses. A few more questions.
        1) Can I send my NTA alongside with the EAD application?
        2)What’s your take on using one of the pro-bono lawyers in representing me in my court hearing. Are they as efficient as using a private attorney?
        3) What happens at the master hearing and how long does it take for a decision to be made. Thanks.

        Reply
        • 1 – A copy of the NTA, yes. 2 – For the most part, I think they are good, probably as good as most paid lawyers. 3 – I wrote about that on March 7, 2018. Take care, Jason

          Reply
  36. I filed my case in 2013, I was interviewed in 2017 and still waiting for my decision. I went to LA Asylum office and asked in person about the name of person who interviewed or who has my case now. Their window person said they cannot tell me this!!!! even though the interview person introduced himself when he conducted interview, I just forget his name so I went there and asked.

    Reply
    • It’s not a surprise. It possible, I try to write the officer’s name down when I am at the interview. In any event, you can still ask for the status of the case, though often times the response is just a standard answer. Take care, Jason

      Reply
  37. Jason,Greetings! i am asylum applicant since 2015.I haven’t got interview yet.Things has changed,i get married with Us-Citizen and we have baby to.On 2018 Aug applied i -130 and i-485 together and fingerprint done on September.What is the possibility to get interview early.both of us are divorced-Does it matter in our interview.jason what is the My current status pending asylum or pending i130.My wife she has to fill my information on her social service document.thanks in Advance.

    Reply
    • Assuming you are eligible to get a GC based on the marriage, this should work for you. I do not know why you would get an interview early. I suppose you can ask USCIS about that, but I would not count on it. If anything, the case may be delayed due to the pending asylum application. I wrote about that issue on August 8, 2018. As for your status, I do not know. You have two pending applications (asylum and the I-485). You also have whatever status you entered the US with, which may now be expired. I suppose your answer depends on the exact question. Take care, Jason

      Reply
      • Thannks jason for every individual answer.No words to say thanks.Yeah i am just wondering how long do i have to wait for interview.For my status i am having confused what to write in the form.They are asking your current spouse and immigration status( my wife form for social service documents)i am confusing what do I write pending asylum or pending i 485.

        Reply
        • I do not know. Neither pending asylum nor pending I-485 is technically a status. But maybe you will just have to write one or both of those, as that is what you have now. Take care, Jason

          Reply
  38. Hi Jason,

    I applied for asylum one year ago and I got my interview 15 days ago, during my process I got married, my wife had her own claim too since 2010 and she never get her interview, and I included her in my case as a derivative, whoever I received a request from the AO saying that if my wife does not “close/withdraw” her case, decision on my case cannot be made. Is this a sign to be granted? Have you ever seen looking something like that?

    Reply
    • I have not seen that, and I do not know why they would say that. I would talk to a lawyer about this to see how to respond. Maybe you can simply tell the asylum office that you do not want your wife as your derivative, and then if they grant the case, file the form I-730 so she can get her asylum too. However, I do not know whether this would work, and I think you need to talk to a lawyer about the specifics of the case to decide how to proceed. Take care, Jason

      Reply
  39. Hello Jason,
    Do you have any recent news on asylum seekers traveling with AP and not being able to get back in?
    Thank you!

    Reply
    • I have not heard about anyone having that problem. The bigger problem is that USCIS is making it more difficult and slower to get AP, and granting it for shorter periods of time. Take care, Jason

      Reply
  40. Hi Jason,

    I got interviewed 15 days ago and no decision has been made yet. This is in Boston area.any idea on how long they re taking to make a decision?

    Thanks for your help Jason.

    Reply
    • The wait times are not predictable. It could be tomorrow, or it could take months or years. If you do not hear anything in a couple months, you can email the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason

      Reply
    • Hi Asylee,

      Can you please share your timeline? When did you apply and did you expedite or shortlist your case?

      Thanks

      Reply
    • Hi Asylee,

      Can you please share your timeline? When did you apply and did you expedite or shortlist your case?

      Thanks

      Reply
    • You should be getting something in mail soon. It took us 19-20 days after interview

      Reply
  41. Hello,
    In January 2017, my husband applied for the asylum and he included me and our kids to the asylum. We were all in USA when he applied.His case is pending since then. However, in July 2018, new circumstances regarding me occurred in my country and I was also blacklisted. Therefore, I decided to apply for the asylum as the applicant. I didn’t get a notice of action from the service center, although a month passed. Does that mean that my application was denied? What am I supposed to do?
    Thank you

    Reply
    • If you are a dependent on your husband’s case, the application needs to be filed with the local asylum office. You can contact them for details about that. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). The application you filed may be disappeared, and you may need to file a new application with the local office. You can also file a Freedom of Information Act request, form G-639, available at http://www.uscis.gov, to get a copy of what you filed. Anyway, talk to the local office if you can. They may help you sort it out. Take care, Jason

      Reply
  42. How about a pending decision for an asylum case? I was interviewed at the end of October 2017 and still waiting for a decision. It has been almost a year and this wait is overwhelming. Do you think it is reasonable to open a Mandamus for such a wait. At the end, they needed to issue the decision in 15 days but it has been 340 days.

    Everytime I make an inquiry, I get a standard response “your case is pending”, I know it is pending and that is why I reach out to them to inquire. It is so upsetting to see their ignorant and dismissive responses.

    Reply
    • I see this a lot, unfortunately. I do think you could try a mandamus in this situation (email David about it). The problem might be that if they cannot issue a positive decision (because background checks are incomplete, for example), they might just deny the case and send it to court. This may be better than waiting in limbo forever, and at least you will know your upcoming court dates. Anyway, I do think you could try for a mandamus. If you do, please let us know how it turns out, as that will help others. Take care, Jason

      Reply
      • How do we know for sure that a decision is delayed due to a background check? This is because I don’t trust USCIS’s canned responses. They emailed me stating that my decision was mailed but no mail came. After waiting for a few weeks, they said it was a mistake.

        I have filed my asylum application without a lawyer. Do you have an estimate of how much it will cost for filing a mandamus lawsuit?

        Reply
        • I do not trust their canned responses either, and there is usually no way to know why a decision is delayed. We just assume that it is background checks (though in most cases, this probably is the reason – I have spoken to many officers and background check delays are common). As for the price of a mandamus, I do not know, but maybe in the range of $1,500 to $5,000, depending on the case and the lawyer. Take care, Jason

          Reply
      • Does this apply to case assistance by the ombudsman as well? i.e. if they cannot issue a positive decision (because of some incomplete process), is there a possibility that they deny the case?

        Reply
        • There is no danger of that with an Ombudsman inquiry. The main issue with the Ombudsman is that it is usually not so helpful. Maybe sometimes it is helpful, though, and since it is free, there is no harm in trying. Take care, Jason

          Reply

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