A Beautiful Application Is a Successful Application

A poet once said, “It’s not how you feel; it’s how you look. And you look mah-velous!”

What does this gentle wisdom have to do with asylum cases? Simply this: Whether you have a strong case or a weak case, if you present your case in an organized and neat fashion (i.e., if you make it look marvelous), you are more likely to be granted relief.

How do I know this is true? I really don’t. I just made it up. But it seems true. Plus, I have talked to Asylum Officers and Immigration Judges, and I know they sometimes become frustrated with disorganized applications. Also, it makes sense–if you make the decider’s job easier, you are more apt to get a good decision. So how should an asylum application look?

Yours truly, several years before being voted “Best Looking Asylum Lawyer in Washington, DC.”

The first thing to know is that there are different rules for the Asylum Office and the Immigration Court. The Asylum Office rules are more lenient. When we prepare evidence for the Asylum Office, we basically follow the Immigration Court rules. In this way, we are prepared in the event that the case goes to Court. Also, the Court rules provide good guidance for how to organize a packet of documents.

First, let’s talk about Asylum Office cases. For such cases, we include a cover letter. This letter is short, and simply explains what type of application we are filing. If there are any issues of particular note, we might mention those in the cover letter–for example a one year bar issue, a criminal conviction or a prior asylum application.

Next, we include the packet of documents. We do not send any original documents; we submit copies (we have the client bring any originals to the interview). We also keep a copy of the entire packet for ourselves. Per Asylum Office rules, we submit two copies of the entire packet of documents. Each page of the packet is numbered. I put the numbers in the bottom center of each piece of paper. Also, each individual exhibit is labeled with a letter (Exhibit A, Exhibit B, etc.). In front of each exhibit is a separate page with a tab (A, B, C, etc.). If the packet of exhibits is tabbed and paginated, it is easy for the officer to find what she needs.

On top of the packet of exhibits, we include an index. The index lists each exhibit by letter and page number. I also include a brief description of each exhibit, so that the officer can read my summary, rather than a (sometimes) lengthy document. An abridged example of how we do the index is here: Example Index

The exhibits we typically submit, aside from the original I-589 form, include copies of: All passports, the applicant’s affidavit, birth certificate, marriage certificate(s), divorce documents, national ID cards, identity documents for spouse and children (passports, birth certificates, national ID cards), education documents (diplomas, transcripts, awards), employment documents, any criminal or arrest documents (from the U.S. or overseas), police reports, medical reports (including forensics reports about scars or psychological trauma), membership documents for political, religious or other organizations, letters from witnesses, threat letters or evidence of threats, relevant photos (of political activities, injuries, etc.), relevant news articles, and country and human rights reports. Any documents not in English need to be translated with a certificate of translation. Of course, the documents we submit vary, depending on the case and what we need to prove. But the format is always the same.

Also, it is a good idea to submit the exhibits on time. These days, under LIFO, we usually complete the entire case and submit everything together with the I-589 application (since we often-times receive a quick interview date). However, if you are submitting documents after the case has already been filed, make sure your Alien number is on the cover page and the index, and make sure everything is submitted on time. Some asylum offices want your exhibits at least one week prior to the interview. You can contact the local asylum office to ask about the filing rules.

If you have a case in Immigration Court, the rules are more strict. First of all, you need to submit one copy of everything to the Court and one copy to the DHS Office of the Chief Counsel (the prosecutor). Second, you need to follow the rules related format, which you can find in the Immigration Court Practice Manual (follow the link called “OCIJ Practice Manuel;” chapter 3 and appendices F and G are particularly useful for format). Also, you need to submit a witness list (check chapter 3 of the Practice Manuel, page 57-58). The list of exhibits will look similar to what I described above for the Asylum Office index. For non-lawyers, this is all a bit much, and for this reason, if you have a case before the Immigration Court, you would do well to find an attorney to assist you (if you cannot afford a lawyer, you might be able to find one for free).

One last tip: If possible, submit all documents by hand (and bring your copy of the exhibits so the Asylum Office or Court can stamp it with a proof of service) or by certified mail. It is common for evidence to get lost, and so it is a good idea to have proof that you submitted the evidence.

Whether your case is before the Asylum Office or the Immigration Court, it will benefit you to submit a neat, well-organized packet of evidence. And by the way, darling, you look mah-velous!

Related Post

114 comments

  1. Dear Jason,
    can you tell me what the process is if I go to the court married with whom the asylum is granted, is my asylum process going to accelerate?

    Plaes your opinion: whether I go like married or not married to a court, is there some relief in that case?
    Thanks a lot,

    Reply
    • Sorry, I do not understand the question. If a person is married or single, it does not normally affect the time frame for a case. Take care, Jason

      Reply
  2. Hi Jason,

    I had applied to asylum on January 2017. Today I was called to the interview. But although I had sent my documents to Chicago Asylum Office, my interview location is a courthouse in Cleveland. I didn`t understand this situation. Is there anything to worry about?

    Regards,

    Reply
  3. Hi Jason,
    I have two questions.

    I granted asylum status on August 2017, But we filled i485 on August 2018 based on derivative on my wife i485 based on NIW Perm i140 approved. Then after less than 2 months I changed my mind and sent i485 amendment and asked USCIS to switch me from derivative of NIW to Asylum granted eligibility. My question is do you know which location of asylum based i485 are they gonna send me to process?
    I filled to Dulles TX for I485 NIW
    Got letter from Saint Louis, MO
    Sent amendment to Saint Louis, MO
    I live in NY state.
    My wife lives in Virginia state.
    So as my understanding there are just two locations which processing i485 based on asylum granted. Texas service center and Nebraska service center or they can process in MO where is my current document?. Since processing time is varies for these two service center and MO too, I want to know what processing timeline I should follow?
    Please help me out what is your guess about my processing location? and correct me if there are more than two locations to process my case like Saint Louis, MO which I amended there?

    Second Question? Do I need to do interview again for i485? while I have interviewed in local asylum office for granting status on August 2017.

    Reply
    • I really have no idea, and I do not know whether USCIS will allow you to switch from one category of I-485 to another. Even if they do, it would possible affect the time frame for processing the case, and so I doubt the listed processing times will do you much good. Your best bet might be to call USCIS (the number can be found at http://www.uscis.gov) to see if they can update you about the status. If that does not work, you can inquire with the USCIS Ombudsman – a link is at right. Take care, Jason

      Reply
      • Thank you Jason,
        Just would you please tell me if they are doing an interview for i485 of asylum granted the main applicant or not? I mean in general, not about my case.
        Because in USCIS I found they only suppose to interview with derivatives of asylum granted, so I want to make sure that should I wait for an interview or not?

        Reply
        • https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter5.html

          Here says Asylees dont need to do an interview for i485.
          I just want to see if it is correct or not
          thx

          Reply
        • I think in general, they are not interviewing principals and they are interviewing dependents. However, that is only in general. For example, we just had a married couple who got asylum and got their GCs last week. Neither the principal nor the derivative were interviewed. Take care, Jason

          Reply
          • Thank you Jason, I really appreciate your time and knowledge.

  4. nabeel_sahil@yahoo.com
    Quick Question…I applied my asylum case in Feb 2015 in Arlington Va office….I live in SC…How long do you think it can take ? and which office my interview will be Atlanta or Arlington ?

    Reply
    • My understanding is that SC cases are interviewed in Atlanta. As for the time frame, no one knows. Once in a while, they are pulling old cases, and if so, you should be near the “front” of the line. Otherwise, you can always try to expedite if you have a reason – I wrote about that on March 30, 2017. Take care, Jason

      Reply
  5. I – 485 received 4/4/2018 Texas
    based on granted asylum
    5/15/2018 Finger Print Reviewed
    10/11/2018 My attorney request for update
    10/20/2018 My online status changed to ” Addition Evidence Request ”
    Waiting for the letter to Arrive

    I am just wondering what kind of evidence they need, I sent my medical April/2018 I didn’t sent my birth certificated because I thought they can still use what I gave them during asylum application !
    Do they request for Birth Certificate ?
    Thank you !

    Reply
    • It is very possible that they want a birth certificate, which can be a problem for some people (I wrote about that in a posting last week). In any event, you need to wait to get the letter, and then you will know what they want. Take care, Jason

      Reply
      • I saw your wrote that they need a birth certificate from hospital ! I wonder what will happen if an applicant does not have the one at hapistal because I can’t find bc at hospital but I have one got from district office !

        Thank you Jason !

        Reply
        • There are alternatives to a birth certificate, but it is very annoying – Affidavits from people who knew you when you were born, early school records, baptism or other document from early childhood, etc. Take care, Jason

          Reply
  6. Hello Jason,
    I really appreciate all your effort. I have a pending Asylum case since 2015 and I later got married, filed or the adjustment of status and the case is going well. what if they call me for the Asylum interview now? i don’t want to stop the asylum case until my adjustment of status is approved. Also is there a way to pause the Asylum case ? Kindly advise me my options.

    Thanks!

    Reply
    • When we have had this situation, the asylum office did not allow us to pause the case. However, given that you filed in 2015, it is unlikely you will have an interview any time soon, and so you should be fine. If you do have an interview, just do your best (or if you prefer, withdraw the asylum case at the interview, but you will lose any work permit you have based on asylum pending). Even if you have the interview and go to court, that does not stop the marriage-based case. Take care, Jason

      Reply
  7. hello Jason how are you and kudos to you. please do you know how long it is to receive new EAD (c8) I filed after 150 days beginning of this month. I was informed that new EAD take at least 60 days if not more. thank you

    Reply
    • It is not so predictable. I tell people 1 to 4 months for the first EAD, but it has been more like 1 or 2 months for most people for the first EAD (renewals are often slower). Take care, Jason

      Reply
  8. Hello Jason! It’s been long since I last wrote. I have been trying to reach SF Asylum office since months. I called DSHS to inquire about my pending asylum case as I am still waiting for interview(I filed in LA in June 2016) moved my case to SF in Dec 2017. I was able to talk to a gentleman in month of April 2018 and he confirmed that my case is moved to SF Asylum office and I should be able to get the interview sometime in September 2018. I somehow lost the number I called at. Now every time I call DSHS they provide me a number 415 575 1300, when I call that number I hear that this number can not take call or messages the mailbox is full and I should try a different number. I am thinking to expedite my case as my family fears persecution and harm in my home country and my mom is seriously ill. Is there any number to call SF Asylum office to check if I will be interviewed soon OR I will go ahead and do the paperwork to expedite the application. Thank you Jason!

    Reply
    • No ones knows when a 2016 case will be interviewed, not even the asylum office, so there is no benefit in calling. Under LIFO, they are interviewing new cases first, and will not be interviewing older cases (though each office is different, and maybe SF is interviewing some old cases, I am not completely sure). Most likely, the only way to get an interview is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason

      Reply
  9. Dear Jason:

    Please help me with this, I am really in a problem.

    I will move to a different address on 24th of Oct, and I wanna change my address.

    I have friends in this property, where I live now. I wanna put my friends address for my mails, in case if I recieve important mails; they will let me now.

    When I move to the new address on 24th of Oct, then I will rechange it back to that address because we are still waiting for lease contract, background and credit run of the new address. To recap, I just don’t wanna miss my mail if I receive from USCÌS.

    For now, I don’t know how to change my address, can you please help me with it, since it is a new thing to me. I don’t know about it at all how to change it but yeah, it is not in a different Asylum office, I live in Alexandria, VA, and will move to another address in same area. Let me know, if my friend address works. And I just got that I should change my address within 10 days.

    Additionally, won’t be this a problem if I put my friend address now, and after moving to the new address, I rechange it back ?

    Regards,

    Reply
    • I wrote something about this on June 24, 2015. That might help. As for changing the address, use form AR-11, available at http://www.uscis.gov. Take care, Jason

      Reply
  10. Hi Jason.
    I also have another question I would like you to help me with. Why us it that whenever I enter my receipt number in the USCIS website to check for my case status it’s says error? My receipt number starts with ZAR.
    Thanks

    Reply
    • You cannot check asylum case receipts numbers on-line. If there is something you need to check, you have to contact the asylum office directly. 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
  11. Hi Jason
    Please I need your advice.
    I applied for asylum and according to my receipt my application was received on 20th August 2018. I was called for biometrics which I attended on 12th September 2018in Baltimore MD. If all asylum offices are using LIFO why is it that I haven’t been called for interview? Arlington Asylum office in Virginia is the one handling my case. It’s now a full month since I did biometrics, with the new LIFO system it doesn’t feel right.
    Please advise me accordingly. Thanks

    Reply
    • Only about half of all cases are actually being interviewed under LIFO. This is because the asylum offices are receiving more cases than they can interview. You may still get an interview notice, but if you do not have it in a few weeks, that means your case is in the backlog, and it is unknown how long you will wait for an interview. Take care, Jason

      Reply
  12. Extremely Important Daily Tips ( I485 form ) No. 65

    If for any reason, you are not sure in how to answer a question in I-485 or any other form, you should not guess it and you should always ask for help. You don’t have to ask a lawyer even if it is recommended, but you can also any close person who has gone through this process before.

    If you are an asylee applying for Green card on your own without help of a lawyer, then do not risk making mistakes that might negatively impact your case and may result in a denial.

    For example: Look carefully at this question

    65. Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit?

    This question if answered in a wrong may cause problem to your case and USCIS may accuse you of Lying to immigration officers without any valid reason and deny your case.

    Most of Asylee applied for a visa before coming to US, and if you are someone who applied for visa and lied to the embassy officer about your intentions for going to US which is to apply for Asylum in US and whether you have or have not admitted that on your Asylum interview then you must answer yes to question 65 in I-485.

    Attach a statement that explains why you really lied. For example “because I wanted to apply for Asylum and If I have told the embassy officer about my intentions to apply for Asylum, he wouldn’t give me the visa and I wouldn’t be able to seek protection.” DON’T FORGET TO SIGN AND DATE THE STATEMENT.

    2- While in the airport, have you told the officer that you want to seek Asylum when he asked about the purpose of the visit if not then you lied and you must answer yes to question 65 in I-485

    Attach a statement that explains why you really lied. For example, “I honestly didn’t know about Asylum laws so I lied about it so I can get in and find a lawyer to prepare my case.” DON’T FORGET TO SIGN AND DATE THE STATEMENT.

    If you answered no to this question, they may send you a letter to tell you that there are inconsistencies on your case that need to be fixed and will cause long delays and sometimes denial so if you received such a letter, just head to immigration attorney because response to this kind of question is extremely important

    Thank you very much everyone

    If any has questions, please ask.

    Reply
  13. Hi, Jason,

    I applied for asylum with help of paralegal, today I was cheking my i-589 form and I noticed that on 2b “Have you, your spouse, your child(ren), or other family members, such as your parents or siblings, ever applied for or received any lawful status
    in any country other than the one from which you are now claiming asylum” it says -No. But when I was little my parents and I lived in another country for a 9 years, (my parents didn’t apply, it was USSR times and countries didn’t have all that refulations). I don’t know why paralegal checked no, unfortunately we sent it already. What should I do? I can explain it at the interview, but will it negatively effect my case? Thank you

    Reply
    • It does not sound like a major problem. You might submit written information about that prior to the interview (such as an affidavit). The asylum office may also want evidence that you do not have legal status today to live in that country. Take care, Jason

      Reply
  14. Hi, Jason,

    Do you know when USCIS will/should publish Asylum Quarterly Statistics mainly for July, August and September. Last time they published it in early August, so I was waiting for the beginning of October. Thank you

    Reply
    • I think it usually takes a couple months, but I really do not know. Take care, Jason

      Reply
  15. Hello Mr Jason, thank so much for your support and great job. Could you recommend me a good attorney in New York. Many thanks in advance

    Reply
    • Sorry, I cannot recommend lawyers on this website. I did a post on September 22, 2016 about how to find a free lawyer. The article includes a list of non-profits. If you contact some non-profits in NY, they may have a referral list, and this is often more reliable than other sources for finding lawyers. Take care, Jason

      Reply
  16. Hey Jason, I got my EAd, but I have a pending court date for next year, my family lives in New Jersey and the address I have on file it’s my family house, but I’m traveling to Colorado for work, but I don’t want to change my address since my family lives there and I don’t want my case to be prolong if I change my address to another state. I will be back before my court date, but I just want to know if I can travel with flight and I won’t be detained at the airport? Can I use my EAD card as an ID? Also if I go for my first hearing are there chances of being detained?

    Reply
    • You should be able to travel domestically with the EAD and your passport or driver’s license. If you keep your NJ address, you should be able to avoid changing the address of your case. If you are worried about that, talk to a lawyer, as you do not want to be accused of lying about your address. The first court is a Master Calendar Hearing. It would be very unusual, if not impossible, for an asylum seeker to be ordered deported at such a hearing. The Individual Hearing, which is usually the second time in court, is where you present your case and the Judge makes a decision. Take care, Jason

      Reply
  17. Dear Jason
    I am going to renew my EAD. I have a question, do we pay for biometric 85$ with our renewal application, or it’s just 410$ for the Asylee? What should I write on my cheque or money order.

    Reply
    • No you don’t, just the $410

      Reply
    • If it is based on asylum pending, you normally only pay $410. Checks are to “Department of Homeland Security”. Take care, Jason

      Reply
  18. Hello Jason! Hope you’re doing great! I have a pending asylum application since 2015. Now I was been assaulted (no deadly weapon involved) last week. I didn’t had big injuries but just a black eye. I’ve seen a doctor and a psychiatrist for my physical and mental harm caused by the assault. I’m been helping the local police to investigate the case . Do you think I can qualify for a U visa?

    Reply
    • You might, and it is probably worth looking into soon, while you are still involved with the police. Sometimes, non-profit lawyers do such cases – I did a post with links to non-profits on September 22, 2016. Take care, Jason

      Reply
  19. Hello,
    My question is that what policy does the San Fransico Asylum Office follow? Does it follow the LIFO or what? and is there any link to see the different asylum offices interview polices?

    Thank you.

    Reply
    • As far as I know, all offices are now following LIFO. Take care, Jason

      Reply
  20. Hi, Jason,

    I have a general question. Do you think this LIFO policy could be cancelled and changed back to FILO? It’s clear that LIFO isn’t working, asylum offices interview only new applicants, number of which gets more and more every day, it’s really unfair for people who have been waiting for years. As far as I know, a couple years ago was also LIFO policy, what happened then? How did they go back to FILO policy? Thank you

    Reply
    • It was LIFO prior to 2015. It really didn’t work then, and it is not really working now either. That said, I doubt they will go beck to FIFO, as that didn’t work too well either. My guess is that they are hoping to reduce the number of applicants and get a handle on the cases. So far, nothing seems to be working, and what they will do in the future is anyone’s guess. Take care, Jason

      Reply
  21. Hello Jason,
    We always appreciate your great efforts and your replies which taught us alot about asylum, May god bless you and your family.
    We had received EAD cards on 9/14/18 on C8 category while pending asylum, then we got granted asylum on 9/21/18 mentioning we will receive new EAD cards on A5 category, but till now we received nothing, I had contacted the asylum office, they referred me to the service center, I had called them, they said you should return back to your asylum office, I don’t know what should I do?
    Thanks for your quick respond as usual.

    Reply
    • I would wait a few months. We have been seeing delays for EADs for people granted asylum, but it seems to resolve itself in 3 to 5 months. Meanwhile, you have an EAD, and you are also eligible to work based on the asylum approval. Take care, Jason

      Reply
  22. Dear Jason,

    Pls would you be kind enough to help understand this,

    What should asylum seeker who you to be a B2 status enter in the current status box on the form I765?

    How do you advise I package a family (of 4) EAD application while sending it to USCIS office?

    Thank you

    Reply
    • You obviously need to get help from an attorney..

      Reply
    • Please there is an error in the spelling of on my ead have tried called Uscis several times no one will pick. Please what the I do my current one expires soon.

      Reply
      • If you review the instructions for the I-765 (available at http://www.uscis.gov), it should explain what to do when there is an error. You may have to return the incorrect card and apply for a new one, which unfortunately creates a gap in ability to work (for people with pending asylum cases, at least; if you have asylum already, you can work even without the EAD). You might also try making an Info Pass appointment and going in person to ask about the problem, but I am not sure they can help. If you want to try, there is a link to Info Pass at right. Take care, Jason

        Reply
    • I cannot advise people about specific answers on forms. For our clients that have applied for asylum, we often write “asylum pending”. Sometimes we might write “B-2 expired” if that seems more appropriate, but it may depend on your case. For multiple applications, you can send them together, but each application should be complete, as the cases will likely be separated by USCIS, and if each case does not have all required documents, it can be denied. Take care, Jason

      Reply
      • Thank you so much Jason.

        Itnis perfectly understandable why you can’t answer specific question, you’re doing more than enough.

        I will gowith B2 expired. Though I’ve been interviewed already, just don’t have the approval letter yet.

        Reply
        • I doubt it will make any difference, as long as you answer truthfully. Take care, Jason

          Reply
      • MENTOR
        October 16, 2018
        Thank you so much Jason.

        It is perfectly understandable why you may not answer specific question, you’re doing more than enough already and it’s much appreciated.

        I will go with B2 expired. Though I’ve been interviewed already, just don’t have the approval letter yet.

        Reply
  23. Hello Jason,

    My brother & my mother answer this question NO ((65. Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit?)) on I-485 form, but they receive a letter of deficiency on it. They say they have what it proof they provided a sort of application before that shows this not the right answer. Bringing on mind that the only two things we provided before are applying to Medicaid and it got rejected & when they applied to Asylum, it was before the Visa expiration, Actually it was after 2 months from their arrival to the USA & they were allowed to stay for 6 months. We could not conjecture with any explanation! Can you explain this question to me at least? and if you met any case before about this question. I will be so appreciatable.

    Reply
    • It could also be something from the visa interview. I do not know what it is, of course, but a common problem people have on that question is that they list on the I-589 arrests (including political arrests) or organizations that they are members of, but they do not list those arrests or memberships on the I-485. Thus, they “lied” (in the mind of USCIS) on the I-485. In this situation, I think you need to talk to a lawyer about the specifics of the case in order to understand what is going on, and to respond appropriately. Take care, Jason

      Reply
      • Extremely Important Daily Tips ( I485 form ) No. 65

        If for any reason, you are not sure in how to answer a question in I-485 or any other form, you should not guess it and you should always ask for help. You don’t have to ask a lawyer even if it is recommended, but you can also any close person who has gone through this process before.

        If you are an asylee applying for Green card on your own without help of a lawyer, then do not risk making mistakes that might negatively impact your case and may result in a denial.

        For example: Look carefully at this question

        65. Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit?

        This question if answered in a wrong may cause problem to your case and USCIS may accuse you of Lying to immigration officers without any valid reason and deny your case.

        Most of Asylee applied for a visa before coming to US, and if you are someone who applied for visa and lied to the embassy officer about your intentions for going to US which is to apply for Asylum in US and whether you have or have not admitted that on your Asylum interview then you must answer yes to question 65 in I-485.

        Attach a statement that explains why you really lied. For example “because I wanted to apply for Asylum and If I have told the embassy officer about my intentions to apply for Asylum, he wouldn’t give me the visa and I wouldn’t be able to seek protection.” DON’T FORGET TO SIGN AND DATE THE STATEMENT.

        2- While in the airport, have you told the officer that you want to seek Asylum when he asked about the purpose of the visit if not then you lied and you must answer yes to question 65 in I-485

        Attach a statement that explains why you really lied. For example, “I honestly didn’t know about Asylum laws so I lied about it so I can get in and find a lawyer to prepare my case.” DON’T FORGET TO SIGN AND DATE THE STATEMENT.

        If you answered no to this question, they may send you a letter to tell you that there are inconsistencies on your case that need to be fixed and will cause long delays and sometimes denial so if you received such a letter, just head to immigration attorney because response to this kind of question is extremely important

        Thank you very much

        Reply
  24. Dear Jason,

    Kindly help look into this. I’m currently filling out my first EAD application for my family and I’m stuck with ‘Applicant’s Statement’ (part 3: 1a-2 & 7a), wondering if I should signs for my child age 4?. Not sure what the practice is.

    Since the child cannot possibly fill a form like this, can I also put my name as interpreter and preparer?

    Thank you.

    Reply
    • For children, we have the parent write the child’s name and then put the parent’s initials next to the name. I do not know of an official policy about this, but we have not had a problem with it before. You could include a cover letter indicating that you filled the child’s form; maybe that would help, but we have not encountered issues with parents signing for children, so hopefully, it will be fine. Take care, Jason

      Reply
      • Thank you so much.

        I will do as advised.

        Reply
  25. Jason ,
    Please tell me if my case file in Miami and later I move to sfo at the same time if I need to file for ead renewal which address I need to send for renewal ? There would be any problem if I do both in few month gap ? As people say if take 6 month to move case . I m confused about renewal address

    Reply
    • If you plan to renew your EAD, you do not have to wait for the case to be transferred to the new office. Just file the I-765 to renew based on your current address. As for the mailing location, you have to check the I-765 instructions, available at http://www.uscis.gov. Take care, Jason

      Reply
      • I got it that I can apply for ead but my qus is if I transferred my case to sfo as it take few month to move file which address do I need to send ead Miami or some sfo address

        Reply
        • You send the EAD to the address in the instructions for the I-765 – you do not send it to the asylum office. Take care, Jason

          Reply
  26. Hi Jason,

    In case, I-730 rejected by USCIS, can the person independently apply for asylum? What about 1 year bar?

    Reply
    • The person could apply for asylum. The fact that a prior application (such as the I-730) is pending may be an excuse for the one-year bar, but I am not sure. Maybe talk to a lawyer to determine whether the I-730 is likely to be approved. If not, then it might be best to file for asylum now. Take care, Jason

      Reply
      • Hi Jason,

        Can you file I-730 while the derivate (spouse) is in country after asylum is approved? Does this make the process faster? I saw that several people quoted 6+ months waits to be reconciled with spouse and/or children.

        Thanks as always.

        Reply
        • If you have a spouse at the time asylum is approved, you can file for that person whether they are in the US or some other country. The processing time is not so predictable. Maybe most cases are resolved in under a year, though. Take care, Jason

          Reply
  27. Hi Jason,

    I gave my interview 3 weeks ago still no reply. I applied in February 2015. The wait has been really long and this anxiety takes away more than half of my energy. I am going to school for undergrad and work full time and trying to focus on school as much as I can. Thank you for this website as I cant talk about this to anyone except writing here.

    My EAD expires in May 2019. Last time it was lost in the mail And I had a very difficult and frustrating moment. When do you think Would be appropriate to apply for my EAD?

    Many thanks and god bless you always

    Reply
    • Hopefully, you will get a response soon. But if not, you can apply for the new EAD up to 180 days before the old card expires. I think you should inquire with the asylum office if there is no decision in a month or two. But if there is no news, it may be worthwhile to renew the EAD, just to be on the safe side. Take care, Jason

      Reply
    • can you please share some information with us? did you expedite or short list your case? and which asylum office did you apply?
      thanks

      Reply
      • Hi – I shorlisted my case and got a phone call for the interview. Boston asylum office.

        Reply
    • Can you please tell which asylum office did you apply? Dis you expedite your case?

      Thank you.

      Reply
  28. Hi applied asylum since Oct 2015 still no interview my question is that normale?

    Reply
    • It is normal. Cases from 2015 are not currently being interviewed under the LIFO system. You can request that your case be expedited – I wrote about that on March 30, 2017. Take care, Jason

      Reply
      • Hi Jason,
        Do you have any idea what year and month cases are being interviewed at the Arlington office? I applied in August 2015 and there is nothing yet.

        Thank you.

        Reply
        • They are following LIFO, and they seemingly do not have the capacity to interview additional case. However, we just received an interview notice for a case from October or November 2014. The client attempted to expedite the case (without telling me), and so that may the reason for the interview, but we really do not know. In any event, they are not likely to interview an August 2015 case any time soon unless you can expedite – I wrote about that on March 30, 2017. Take care, Jason

          Reply
          • Thank you for your reply. I really appreciate that.

  29. Dear Jason,

    Can a derivative in an asylum application apply for asylum on her own if the application of the principal applicant is still pending? Does the one-year filing rule apply to the derivatives? Thanks.

    Reply
    • The person can apply on her own, but the filing procedure is different. Basically, the case has to be filed at the local office with an explanation. You can check the I-589 instructions, which cover this point. The one-year deadline does apply, but the fact that the person was a derivative in an asylum case can be used as an exception to the one-year rule. Take care, Jason

      Reply
  30. Hi Jason. I got Asylum status from immigration court in june 2018. I applied i730 for my family in my Home Country in July 2018. My Questions are: 1. How much time take for Approval in uscis? 2. Can i Apply i730 for my Father?

    Reply
    • 1 – It is a two step process. You can check the processing time for step one at http://www.uscis.gov (processing times). The second step, at the embassy, varies by country and case, but it might be 3 to 5 months on average. 2 – You cannot file for a parent; only a spouse or child who was unmarried and under 21 at the time your asylum case was filed. Take care, Jason

      Reply
    • Hi there. Congrats on your status. You wrote that you have gotten your approval from immigration court that means that asylum officer referred your case to the court and you won it there? Can you share please your reason for denial of asylum after the interview? And how did the court hearing go?

      Reply
  31. Jason,
    The congressman has returned to me with an answer that the asylum office needs to schedule a third interview and that should happen within the next 60 days. For some reason, I think this is a bad sign. I have not heard of anybody who was able to survive three interviews. All three-interview asylum seekers I know have been denied and referred to the court. Please advise, do you know anybody who was approved after three interviews?

    Reply
    • I don’t remember – we have only had a few people with three interviews. One was denied. I think at least one was granted, if I remember correctly. We have had many people with two interviews who were granted. If they had made a negative (or positive) decision already, they would not need another interview, so I think you still have a change. Make sure to review your case as if this is a first interview, and try to recall anything unusual that happened at the prior interviews. Take care, Jason

      Reply
  32. Hello Jason,
    I really wish I had known you before I applied for asylum. All I read in this post makes me feel like my application was incomplete or just a kind of mess. This inspirational blog is a kind of great school as we learn from you on a daily basis. However, I feel worried because for almost a month now, nobody has posted that they won asylum lately. This is worrisome as we guys have been waiting for a decision for about two years now.
    Again, thank Jason for your eye-opening post

    Reply
    • People post in different places, and we have had seen some people who won asylum in the last couple days. Also, we have won some cases in our office recently, and so have other lawyers I know, so it is still possible to win. As for your application, you can always organize everything nicely and resubmit it before the interview (according to your asylum office rules) and explain that you are just trying to make a more organized application, but the documents are the same. Take care, Jason

      Reply
      • Thank you for the update. I was already interviewed almost two years but my application is still pending final decision. This is very frustrating

        Reply
  33. Dear Dear Respected Sir.

    Is there any fee for EAD for asylum seekers? Because for some categories, there is a fee of almost 500.

    Regards,

    Reply
    • If you are filing based on a pending asylum case, there is no fee for the first EAD. You have to pay for renewals or apply for a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason

      Reply
  34. Dear Jason,

    Your blog is so helpful and I have several questions:
    1. Is it better to fill in Green Card application myself or with lawyer with whom I work since interview (I have to tell you that I prepared everything myself, my lawyer is just a figure 🙂
    2. If I apply to Green card on December 1st, what is the estimated time that I will receive it? (I was granted in interview stage)

    Reply
    • 1 – You can do it yourself if you are careful and make sure not to be inconsistent with any prior applications. These days, cases can be denied for small mistakes, so it might be advantageous to use a lawyer (probably a different lawyer than you used before), but GC applications are much less complicated than asylum cases, so you can probably do it on your own. 2 – Probably in the neighborhood of one year, but it could be longer (or maybe shorter). You can check the processing times on http://www.uscis.gov. Take care, Jason

      Reply
  35. Hello Jason,
    I have several questions that need your advise on.
    I’m engaged to someone in NY and planning in getting married soon. We both are asylum seekers (I’m located in FL). His individual hearing is in 2021 and I was just referred to court in FL and did my master, my individial will be in 2019.
    1) If we got married before my court date, AND I got granted, will he automatically be granted ? (and then he could withdraw his case from NY). Or there is a lengthy process to grant him asylum as well?
    2) If I got denied, and he kept his case in NY, will he be affected by the decision (since we’d be married)?
    3) If I got denied, can I move my case to NY under/ attached to his case?
    4) I googled my judge and he has a high denial’s rate, is there statistics that show denial rate based on nationalities? AKA, Florida has higher denial for Central American which could be why rates are high. Not sure though. Very confused on what to do!

    Thanking you in advance!

    Reply
    • 1 – Unless you combine the court cases, he will not be granted at the time you are granted. You would need to file an I-730 petition for him. But that should work out fine, even if he is in court. 2 – It would not effect him unless maybe your cases are related. Of course, it doesn’t look great if you are an asylum seeker and your spouse’s asylum case was denied. 3 – You may be able to move to NY, but you could not attach to his case at that point. The time to join the cases – if you want to – is before the final hearing. 4 – There used to be such data available (I think from TRAC Immigration), but I have not seen it for a while. The denial rates are not all that reliable. If you have a decent case, even if you are from a country that frequently gets denied, you should have a chance to win. Take care, Jason

      Reply
  36. Does anyone have an update on their case in NYC? Any LIFO cases?

    Reply
  37. Are those with long term visas like H1B and F1 being processed on LIFO?

    Thank you.

    Reply
    • LIFO is only for asylum cases. Take care, Jason

      Reply
      • To clarify: if you have one of those visas and are applying for US asylum, will the application be processed on LIFO or added to backlog due to length of visa?

        Also, thanks for your incredible articles and guidance. God bless you immensely.

        Reply
        • I think that all cases are processed under LIFO, but since they cannot interview everyone (there are too many new cases), some cases are sent to the backlog. But as far as I know, this is random, and does not depend on your type of visa or anything else. Take care, Jason

          Reply
  38. Looking great young Jason 🙂

    Reply
  39. Hello Jason! My name is Luis, and I am a US citizen. Thank you for everything you do. I hope you can give me some advice.

    I got married this year with my boyfriend, now husband, and we are beyond happy. He did not came in a legal way to the US, but he asked for an asylum at the border. Unfortunately, his case was denied, and now is on the Ninth Circuit. Is there a way he could get a green card with our marriage? Is there any law that forbids him from receiving any green card?

    Thank you so much in advance.

    Reply
    • It may be possible, but at this point, I suspect it will be very difficult. Probably, the path would be for you to file an I-130 petition for him (form I-130 can be found at http://www.uscis.gov). At the same time, check to see whether there is any way he can get Voluntary Departure. If so, he might try to reopen the case at the BIA (the appeals court before he went to the 9th Circuit) and ask for Voluntary Departure, which would allow him to leave without a deportation order. This will make it less difficult to return here based on the marriage. One issue: Most likely, he is not eligible for Voluntary Departure, but it is worth checking into. If he cannot get that, he would be deported and if he left, he could try to return based on the approved I-130. He likely will be barred from returning here for 5 or 10 years (or more, depending on the facts of the case). There are most likely waivers available to help him return before then. Obviously, all this is tricky and involves him leaving the US, and so you should talk to a lawyer and ask the lawyer to map out exactly what needs to be done to see whether it is possible. Good luck, Jason

      Reply
      • Hi Jason, is Luis again, thank you for your prompt answer.

        Let me give you a few more pointers because I don’t think I was clear or specific enough before. I live with my husband in New York, and we have been living together for over a year. I have already filled the I-130 application from my end, which we did on Oct 1st. Also, we submitted all applications regarding his lawful permanent residency (LPR), but we received a last minute update saying that one of the laws was changed around the beggining of October. Now his case is on standby and I would like to know what to do next, or if you know of any institution that can help with our case. Do you know anything about this new change in law? I’ll really appreciate it. Thank you once again.

        Reply
        • I do not know of a change in the law that would affect an I-130. It seems to me that you need to talk to a lawyer to go over the specifics of the case. If you cannot afford a lawyer, I did a post about finding a free lawyer on September 22, 2016. Take care, Jason

          Reply
  40. Dear Mr. Jason:

    Thanks for everything your doing for us. It worths a lot to us.

    Dear Sir, I applied for asylum in 10, Aug, 2018, and recieved the blue reciept on 14, Aug, 2018. Also, I completed my biometric on 05,sep,2018. Since that time, I haven’t heard anything back in regards to interview as per new LIFO system, I saw some people got thier interviews after 3 to 4 months, but some recieved within two months. Can you please give me a clue on my situation, I would be really appreciated.

    I think, If I don’t receive it within 6 months, it will be definitely on backlog. Please let me have your feedback.

    Regards,

    Reply
    • I think if you have not received an interview notice within 2 months, you are probably in the backlog, but maybe a notice could arrive 3 or 4 months after filing. From the latest data we have, the asylum offices (nationwide) interviewed about 51% of applicants within 43 days of filing. I think this means that 49% of all cases went into the backlog. Take care, Jason

      Reply
  41. wow.. someone is excited today.. lol.
    maybe is it because you enhanced the “Hyperlink” feature in the blog ?

    now seriously, thank you for this blog.. your post was.. MAH-VELOUS..!!

    Reply
  42. Sharing my yesterday’s experience:

    Calling the congressman office:

    **STORY BEGINS**
    John: Hello this is John the case manager
    Ertugrul: Hello John, wondering if you have received an answer from the asylum office regarding the (help with a federal agency) form I submitted 8 weeks ago
    John: The log says that the asylum office will schedule an interview. They are limited with resources (officers) which have caused the unfortunate delay for six years!!!
    Ertugrul: John, I have already informed your office that I have completed 2 interviews during the last 6 years. Do you mean the asylum office requires a third one?
    John: Oh, it might be a mistaken answer from the asylum office then. Let me e-mail them again to confirm.
    Ertugrul: Ok, can you e-mail me the current answer you received from the asylum office stating that they need to schedule me for an interview. I need to keep it in my record please.
    John: I need to check that as the asylum office asks us sometimes to not share specific type of information with the applicant.
    **STORY ENDS**

    My comment:
    Even the congressman/ombudsman cannot let you know if your case has sensitive information. AMBIGUOUS, AMBIGUOUS, & AMBIGUOUS are the rules for asylum cases..

    Reply
    • I don’t think the Congressional inquiries are very useful. You might inquire yourself and see what they say. Sometimes, it is better to go in person during their walk-in hours. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, given the length of time, you might consider a mandamus lawsuit. The article last week on this blog discusses that option. Take care, Jason

      Reply
  43. Thank you for this Jason.
    On our application we didn’t keep copies of evidence which was mostly newspaper articles related to our case and pictures of my husband’s injuries. We only kept the completed form. Will we be expected to have these when we go to an interview?.

    Reply
    • You do not need them for the interview, but it is a good idea to have copies of everything you submitted, so you are fully aware of your case. If you want, you can get a copy from the government using form G-639, available at http://www.uscis.gov. This takes maybe 5 or 6 months, but it is free. Take care, Jason

      Reply
  44. Jason this write up is totally amazing thank you. Please can you enlighten me. I was refered to a judge so i am still pending. My daughter is a us citizen . I am due for my ead and social security in a month. However i would like to get my daughter to a daycare so i can job hunt. Would it be okay to apply for a daycare voucher for her? Would that be considered as a public charge i mean benefit. I know you have said asylum applicants have been excluded from that memo but anything can change. Just wanted your opinion please

    Reply
    • I do not think it will change. The statue indicates that asylees are exempt from the public charge requirement, and unless Congress changes the law on this (and there is no movement in that direction), you should be fine. Take care, Jason

      Reply

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