It’s the season of miracles. One day’s worth of oil burns for eight days. A child is born to a virgin mother. The Eagles will return to the Super Bowl. OK, that last one is probably a bridge too far, but I know miracles happen because the asylum backlog is shrinking. Yes, shrinking.
As usual in asylum world, the news is not quite so straightforward, but let’s look at the newest data from the Asylum Division and try to break down what’s happening. The most recent report covers the months of July, August, and September 2018. The number of asylum cases pending in the United States is shown in the chart below:
| July 2018 | 320,663 |
| August 2018 | 320,314 |
| September 2018 | 319,202 |
So between July and September 2018, the backlog shrank by 1,461 cases, or about 0.5%. Prior to July, the backlog was still increasing, though for a few months growth had been pretty flat. This means that more cases are being completed than are being filed.
The first question is, Why is this happening? Looking at the data, it seems that the main reasons are that the number of new cases being filed is down and the number of cases being interviewed is up. Between July and September 2018, there were 23,257 new asylum cases filed. For the same period in 2017, there were 30,804 new cases filed. This represents a decrease of nearly 25%. Also, between July and September 2018, the Asylum Offices conducted 19,573 interviews. For this period in 2017, they conducted 15,405 interviews. Thus, the number of cases interviewed has increased by about 27%. The total number of cases completed during this time frame has also increased, from 16,852 in 2017 to 24,695 in 2018, an increase of almost 47%.
Why have the number of new cases gone down? The most obvious answer is that fewer people are able to get to the United States. Between the “Muslim ban,” the generally hostile attitude towards foreigners, and the Trump Administration’s machinations at the border, it is more difficult for people to come to our country. For example, in September 2017, the State Department issued 652,035 non-immigrant visas worldwide. During September 2018, the State Department issued 620,158 visas, which represents about a 5% decrease. However, for countries that “send” us asylum seekers, the drop appears much more dramatic. Take Venezuela, the top source country for asylum seekers. The number of B visas issued for Venezuelans dropped from 1,861 in September 2017 to 1,060 in September 2018, a drop of 43%. If fewer people are coming here, especially from troubled countries, it stands to reason that we will see fewer asylum applications.
Also, the Trump Administration has made its attitude towards non-Americans quite clear. It has also ginned up hostility and anger more generally. In a case of cutting off the nose to spite the face, I suppose making our country a less attractive place to live means that fewer people will want to come here.
Why have the number of interviews gone up? One explanation is that fewer Asylum Division resources are being deployed to the border, and so this is freeing up officers to interview affirmative asylum applicants.
Anyone who arrives at the border (or an airport) and who states that they need protection should receive a Credible Fear Interview (an initial evaluations of asylum eligibility). These interviews are conducted by Asylum Officers. When the officers are doing CFIs, they are not working on “regular” asylum cases. The large number of CFIs is widely believed to have led to the backlog. However, here we run into an anomaly. In FY2017, Asylum Officers issued 79,710 CFI decisions. In FY2018, they issued 97,728 decisions, an increase of nearly 23%. Somehow, despite a significant increase in CFIs, the Asylum Division managed to process more affirmative cases.
My guess is that this “anomaly” is the result of increased people power. The Asylum Division has hired large numbers of Officers who deal exclusively with CFIs. Many of these Officers perform interviews remotely (there is an office in Arlington, Virginia dedicated to CFIs). So perhaps this explains how the Asylum Division was able to make progress on affirmative cases while still processing large numbers of CFIs.
Aside from hiring more Officers, the Asylum Division has tried to increase productivity by identifying cases that have been filed more than 10 years after the applicant arrived in the United States, and to offer those applicants an opportunity to skip the interview and go directly to Immigration Court. Some applicants have filed asylum primarily as a vehicle to get into court, where they will seek other relief (usually Cancellation of Removal). However, the impact of this plan seems fairly marginal. The number of cases referred to court without an interview during the three-month period was 1,275 in 2017 and 1,680 in 2018. The total number of cases referred to Immigration Court based on a filing deadline referral (i.e., the applicant missed the one-year asylum-filing deadline, failed to demonstrate an exception to the rule, and probably received a truncated interview) was 5,138 in 2017 and 6,684 in 2018. Also, the number of “no shows” increased from 2,072 in 2017 to 3,040 in 2018. Collectively, all this probably made a modest contribution to increased productivity.
All this leads to the final, and probably most important question: How will all this affect people who are stuck in the backlog? I think the answer here is, It depends.
First and most obviously, it depends on whether this trend continues. I think there is good reason to believe that the trend will continue. Between the Trump Administration’s efforts to block people from coming to the U.S. and the Asylum Division’s seeming ability to simultaneously process CFIs and affirmative cases, I expect we will see continued progress on the backlog.
Second, it depends on which particular Asylum Office we are talking about. Some offices are dealing with their backlogs better than others. For example, in September 2018, some offices completed more cases than they received (Chicago, Los Angeles, Newark, and New York). Other offices received more cases than they completed (Arlington, Boston, Houston, Miami, New Orleans, and San Francisco). This changes month-to-month, and so it is difficult to guess how a particular case will ultimately fare, but you can see the data for yourself and make your own predictions.
Of course, all this can change quickly, depending on the state of the world, our government’s policies, and the ability of the Asylum Division to keep pace with new cases. But for now at least, the backlog is shrinking. For those stuck waiting, I suppose that is a rare bit of good news.
Hi Jason!
I am an asylum seeker from Turkey and my case has been pending since November 2016. Do you have any news on whether the asylum office will keep processing the newly filed cases in 2019? Is there any hope that old cases like ours will get interviews anytime soon?
Thank you for all your responses!
Different offices are dealing with the backlog in different ways, but I doubt a case from 2016 would be interviewed any time soon. If you have a reason, you can try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason, I am from Turkey. I’m Kurdish and minority. I applied for Asylum November 2015- from NY office. I have my work authorization and had been paying my taxes to government since 3 years. I’m still waiting for my interview! I try to expetide but they sent me a letter about backlog! I lost my mom April 2017 but couldn’t go back to funeral. It’s just hard sometimes. I really have a strong case but things seems stuck. Do you think after January 3rd 2019 with democrats things could change?
Thank you
Lale
I do not know if things will speed up, but maybe. If you have a new reason to expedite (depression, anxiety, etc.), you might try again to expedite. I wrote about that on March 30, 2017. Good luck, Jason
Dear Sir,
I am 34 years old and running away from torture because of my outspoken nature and the way in My country.I have a wife and two sons.My first son was born here and the second is Canadian.We are so broke to get a lawyer and we are already here in the USA.Please do help us.What are our chances of being approved.If we apply for school for our first son who is a citizen can this affect our case?Please do help us.we are really stressed.Thanks so much in advance
If you have children who are in primary or secondary school, whether they have legal status in the US or not, they are allowed to attend and this should have no effect on your asylum case (on the other hand, if you fail to send school-age children to school, it could have a negative effect on the case). Take care, Jason
Hi Jason,
I was one of the backlog cases and finally received my approval after 5 years(Houston-NOLA sub-office)
filling date:09/06/13
Interview: 08/11/17
approval:11/26/18
I received my new EAD but not my daughters (which both are 12) Is that normal not receiving all of them together?
And we’ve got our I94s with our name on it but it doesn’t have any expiration date neither our date of entry they all just stamped as asylum approval, Is that the way it should be?
Thanks for your time.
Congratulations! I think this is mostly normal. We have had a case approved in Houston and it took probably 4 or 5 months to get the new EAD. If they have the I-94, they are fine, since they probably do not need the EAD for anything, and in a year, you can all apply for the green card. If you want the EAD for them, wait a couple months, but if there is sill no response, maybe email the asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Thanks again sir.If we receive benefits for kids (e.g. government sponsored medical Insurance,), if that’s going to affect
our Asylum case negatively please?
Asylum cases are not affected by receiving such benefits. I wrote about this on September 24, 2018. Take care, Jason
Thanks so much sir.You are a good man.May God bless and reward you for all you do for humanity.
Cheers
I applied for asylum may, 2018, we got final denial in september, but our case was not referred to immigration court because we were still in status. Does our ead continue if we ask uscis to move our case to immigration court or it start counting again. If we re-apply will another ead start counting again. Thanks
The EAD becomes invalid when the case is denied. If you file a new case, you would have to wait 150 days and apply for a new EAD. You cannot ask USCIS to move the case to court. Take care, Jason
Sorry to hear about your denial. I thought you have to wait 150 days before applying for EAD.
[…] Two Words I Never Thought I’d See Next to Each Other: BACKLOG SHRINKS! (The Asylumist Blog, Dec. 2018) [text] […]
Dear Jason,
Do you have Venezuelan cases in the Arlington office? Do yoh know how long does the decision usually takes for people from there? I had my interview in September and still nothing. I went to the office and they said “processing”… this is a lot of anxiety
We have a couple such cases, but they are either in the backlog or not yet filed. I would guess that such decisions are generally not too delayed (as compared to people from Muslim countries), but each cases is different and delays happen to many people. You can contact them again at some point, but my guess is that you will get a decision relatively soon. If not, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Thanks a lot. I am planning to move to Texas in 2 months. I will do an internship so I am also waiting for my OPT. I hope the OPT doesnt conflict with the asylum.
Honestly, I just hope to get the asylum decision soon, this has been too long and a very stressful situation.
Hi Jason, I came to the USA on a religious visa on 2014 and applied for Asylum on September 2016, on may 2017 I got my EAD approved but don’t have an interview yet. Can you tell me what is happening? Why it takes so long to get an interview? Thank you
The short answer is that there are too many asylum cases and not enough people to interview the applicants and make decisions. As discussed above, there are about 319,000 people in the backlog waiting for an interview. If you want, you can try to expedite your case. I wrote about that on March 30, 2017. Take care, Jason
Thank you so much.
Hi Jason,
I filed in 2013 and was interviewed in June 2017 by Chicago office. Waiting for decision but have not heard anything. How long does it take for them to give a decision after interview? Does the change fifo system affect the people who have been interviewed? Is there anything I can do on this?
Thank you,
Shiv
Wait times after the interview vary, but you have been waiting for a long time. You can contact the asylum office to ask about your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If that does not help, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
Have you heard of instances where people who are on public assistance (most specifically food stamps) and travel overseas been denied re-entry and had their green cards revoked?
Is it still safe for an Asylee to apply for these benefits?
Regards,
I have not heard of that. People who seek asylum and people who already have a GC are not affected by the new regulations (which, I think, are not yet in effect anyway). I wrote about that on September 24, 2018. Take care, Jason
Hi, Jason! I tried to find an answer using context search but I didn’t succeed
The question is: if spouses (with pending asylum) would divorce, what happens to a dependent spouse?
They are no longer a dependent. The ex-spouse can file his or her own asylum case, and the fact that the person was a dependent is an excuse for the one-year filing bar, but they have to file within a “reasonable time” of the divorce (or the time when they are removed as a dependent), so hopefully within a month or so. Also, the filing procedure is different than if it was a first time application. Check the I-589 instructions or contact the asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Thank you, Jason!
Hi Jason,
I read sometime on your website about waiting time. For example, for the Houston office waiting time was about 3 years. Do you know what waiting time is now, after the LIFO changes?
There is no wait times posted – the offices follow LIFO, and if they have extra time, they do backlog cases. I do not know how Houston is doing backlog cases (LIFO or FIFO), as different offices seem to have different policies. You can try emailing them to ask. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Tom,
How long have you been waiting? I applied in Sept 2016 at Houston Office. No interview yet.
Hi Jason,
I had a question re: getting asylum and its affect on family visa. I am applying for political asylum because of my political activism. My question is does my asylum application getting approved affect the visa prospects of my other family members. Specifically, my younger brother, will be entering college in 2 yrs and he is thinking of applying to colleges in the US. Does me being an asylee negatively affect his prospects of getting student visa?
Thanks
If you seek asylum, it could make it more difficult for your brother to get a visa. This problem is worse for spouses and children, but other family members can be affected also. Take care, Jason
Hi Dear Jason:
My brother wanna apply for his citizenship, how much does your office charge for applying citizenship application ? He came here through SIV program.
Regards,
I don’t want to say here, as I am not sure – if you email me, I can check the fee schedule and tell you: jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason. Thank you for your great work. I was wondering to ask two questions from you.
1- Which Service center is the fastest in i485 application based on refugee/asylum?
2- If I apply in one service center and move to another state that is related to another service center, do they move the case? And “Does the processing time increase in this case?”
That is probably the worst idea I have every heard
1 – I do not know, but you have to file based on where you live, and any differences in posted processing times rarely seem to apply to real life, so I would not worry about that. 2 – I am not sure, but they move cases around a lot, even if you do not move. Again, this is basically beyond your control. Take care, Jason
Hi Jason
I have EAD based on pending asylum and it will expire in 6 months. It says on USCIC website that one cannot apply for renewal more than 180 days prior to the expiry of current EAD, given the amount of time it took last year to renew, I want to apply for renewal earliest possible to avoid having a gap, but my lawyer said the earliest that I can apply for renewal is 4 months in advanced , what should I do? Also, do you know if my EAD will have automatic 180 days extension while it is in renewal process?
Any information will be greatly appreciated. Thank you in advance
You can renew up to 180 days in advance (for category c8), but if you send it earlier than that, it will be rejected. If your EAD is based on asylum pending, you do get the automatic extension, which gives you an extra 180 days on your EAD card. Take care, Jason
Thanks for another interesting and eye-opening article, Jason.
Hi all, does anyone have an update with their LIFO case? Curious if it is still in effect especially with the holidays. Is the interview scheduled in 21 or 45 business days? Thank you.
LIFO is about “priority order” not merely the days.
It seems LIFO is in effect in Newark and most new cases that we have filed there have received interviews. Take care, Jason
Thanks a lot, Jason and Moby.
Jason – (i) typically, how long does it take from filing the application to the interview, based on your FIFO clients? Even a range will help.
(ii) does having an unexpired visa/I-94 affect prioritization for an interview? I have an out-of-status H1B visa because I lost my job but technically my I-94 is not expired.
1 – There is no real way to tell you, as things are always changing and wait times are not predictable. We just had a person interviewed 4 years after we filed the case (in Virginia). Other people are waiting almost that long, but the timing keeps changing. 2 – As far as I understand, that has no effect. Take care, Jason
Hello Jason,
I filled my case at Arlington office in September 2015 and I wonder what month and year cases are being interviewed at that office?
Thank you.
They are following LIFO, and if they have extra time, they are doing old cases from late 2014 or early 2015. Take care, Jason
Hello Jason. I am flying to U.S via London, and i have a 19 hour layover there. I am thinking of exploring London for few hours. Is the 24 hour transit visa to London going to affect my chances of getting Asylum in U.S?
Probably not, but there is no way to know for sure. Certainly, the asylum office could ask about why you did not seek asylum in the UK, and so you should be prepared to explain that. Of course, they can ask you that whether you leave the airport or not, but either way, you should be prepared to explain. Take care, Jason
Hi Jason! Hope you’re doing great! Do you have any idea that anyone with a pending asylum (no other legal status) can qualify for Obama Care?
Thanks!
It basically depends on the state you are living in. But yes it is possible. I personally know examples of people who got OBAMACARE with only status of pending I589
I do not know about that, sorry. Maybe someone else here can comment if they have applied. Take care, Jason
I am jason client Just wanted to help so thats why commenting: Yes you are eligible for ACA (obama care) once you have EAD with pending asylum but you have to make certain amount annualy in order to get subsidy ( tax credit) from the government. And it varies with household number. I have ACA for the last 5 years with EAD.you can get more info http://www.healthcare.gov
Hello Jason,
My husband entered US March 2017 on B1 visa and has had asylum pending case since Sep 2017(2 weeks before B1 visa gets expired). I am here on my F1 visa. Now he is in the process of EB2 from his company. We are from travel ban countries so leaving US for adjustment of status is not an option for us. Is it possible to apply for F2 status for him meanwhile(or even before) his EB2 process, this way hopefully he gets F2 status and be able to have legal status for I485. Is it even an option?
I think he is probably not eligible for EB2 or F2 unless he leaves the US and gets his new status overseas. I would talk to a lawyer about how to do this. Despite the travel ban, it may be possible for him to get Advance Parole, leave the US, and then return with a GC or an F2. I am not at all sure about this, and I think it would need to be researched before he tries (unfortunately, the law in these areas keeps changing). Anyway, though I have my doubts, it is probably worthwhile to talk to a lawyer and go over the specifics of the case to see the options. Take care, Jason
I would like to share my timeline…
1. Admitted into the US on F-1 visa in 2001.
2. In 2004 while still having valid F-1 status applied for Asylum.
3. In mid 2004 my asylum application was granted.
4. In late 2005 applied to register as a PR.
5. in early 2007 I was informed that my application for adjustment of status to PR was put on hold because of TRIG.
6. Between 2004 and 2018 I did renew my EAD 13 times. During the same period I obtained 8 refugee travel documents and I traveled out of the country 9 times.
7. Between 2007 and 2018 I got 14 replies to my inquiries about the status of my pending application for adjustment of status to PR. Sometimes I used to get a vague reply and other times I was told that I was associated with a particular group in my home country that I had never heard the name. I was told to be associated with a different group every time I got a clearer reply from the service. Once I was told that I was fighting with a group in my home country that even did not exist when I was there. The group was created 2 years after I was granted asylum.
8. In mid 2018 I got a RFE from the service asking me if I had ever used a weapon in my life. As a matter of fact I have never ever hold any weapon in my hand. I did reply.
9. Few weeks after I provided the reply to RFE I was asked to submit a medical report which I did.
10. Three weeks after I submitted the medical report I recieved an email telling me that the service has ordered my card to be produced.
11. Within exactly 2 weeks after that email I got my green card in the mail which has been backdated one year.
12. Last month against the advice of my attorney I did apply for naturalization. I submitted a detailed letter with my application for citizenship explaining the contradictory replies I got through out the many years form USCIS.
13. Last week I got a letter from the USCIS asking me to provide copies of all the e mails I had received from the service when they responded to my inquiry about the status of my pending application.
14. Today I did reply and submitted copies of all the emails. I will see what is going to happen next…
If you are trying to claim citizenship hoping they would consider your time in a trig hold, you have another thing coming buddy. You jeed to have you green card for four years to get citizenship.
Four years, but that equals five years from the date on the green card (which was backdated one year). Just to clarify. Take care, Jason
This is insane, but sadly, totally believable. I think you are not eligible for your citizenship, since you have to wait 5 years from the date on your green card. However, I admire you for trying, and I guess we will see what happens. Let us know, as that will help others. Thank you, Jason
This is quite strange, why would USCIS grant asylum if they’re going to put a TRIG hold on the guy later on. I thought TRIG is more likely when asylum is granted by a judge after the case is denied by USCIS.
Legally, even if TRIG issues are overcome for purposes of asylum, they are not overcome for purposes of a GC, so this can (and does) happen. It is ridiculous, like much of the TRIG, but it is how the system works. Take care, Jason
WOW. This is a super interesting case. I look forward to see what happens next. Please keep us informed.
Hi Jason, I am Asylum granted and my a friend is still waiting for asylum interview in Ny state. We both want to move to TX for job but for a little time,6 months to one year.i have applied for i730 forms for family in my Home country too.i have appartment on lease here and will continue it too.We both will visit NY every month because our all friends are here.
My Question is that: if we change our Driving licence NY to TX but want to continue address of NY and do not want to change our cases to TX then can we do like that?
There is no easy answer – I wrote about this issue on June 24, 2015. If the trip to TX is temporary and you maintain your address in NY, and can receive mail there, you are probably ok to not change your address with USCIS. In that case, it is probably better to also keep the NY license. Be aware that if an interview notice arrives for your friend, and he does not get the mail in time, he might miss the interview, so it is important to know what mail is arriving. Take care, Jason
Thanks. But if i do job in TX and get salary on cheque then can i bear my NY driving licence? i am granted asylum and also applied for my family in home country i730 form. When my family will come after 6 months, i will stay in NY state. But for temporary time for 6 months i wanna stay in TX and wanna do job.
I do not know about licenses. If you want mail to go to TX, you would have to change your address. If the mail can go to NY, you can keep the address the same. A person is required to update his address with USCIS, and so if they think you are hiding your address, that could be a problem. If you get a license in TX and pay taxes there, it might make more sense to change your address to TX. In your case, it is less of an in issue, since it is just about mail. In the other case, if the address changes to TX, the asylum case will be interviewed there and not in NY. Take care, Jason
Hi Jason
Not related to this post but I was wondering if I can study on pending asylum and no EAD yet, but I do have recommended approval.
Thank you
Regards
For high school, yes. For college, it depends on the school – you have to ask them. Most schools require an EAD (or a student visa) to attend. Take care, Jason
Hi Jason,
It looks like the processing time for I-485 adjustment to permanent resident after 1 year Asylum grant is getting longer. In fact, all applications seem to take the “backlog” route. This is so depressing for those of us who have family members abroad and have already gone through extreme waiting time to get approve after the backlog in asylum proceeding of the recent years. Quite frankly, we all know why everything is slowing down for all immigrants, and it is not only because of the volume of cases to process.
Regards,
I agree – there is a deliberate effort to throw up barriers and impose ridiculous requirements on people in order to move along with the process. This is especially idiotic for asylum seekers, who have already been very thoroughly vetted (not to mention traumatized by past persecution and the difficult asylum process). Take care, Jason
With all due respect to the security checks and placing the national security as a priority. But asking a Syrian what was the rebels checkpoint that stopped you in February 2014 is exactly like asking an American what was the gas station that you utilized its toilet to pee in Feb 2014. If you need to go from anywhere in Syria to anywhere else, you will minimum cross between 2 and 10 checkpoints if not more. Facing a checkpoint is like saying “Hello” in America. We do that every day. If a Syrian stated that he has not crossed a checkpoint, it means he is definitely lying. It looks like the asylum office prefers people who lie instead of people who tell the truth (just for them to comply with the law and follow the book; so the officers and supervisors can satisfy their approach and secure their jobs!!!!).
To top it all of, they start to challenge you:
“How come the rebels checkpoints were letting you go without giving them something” ??
Does that really make sense to you, Jason?? It is like asking you “Why the burglar who broke into your neighbor house didn’t pick your house”?? How on earth I would be able to know what were the rebels thinking when they let me pass without giving them anything!!!
They are holding my case for that subject. The checkpoints were not even in the core of my letter of statement. I applied for asylum because I have been robbed, threatened, and almost killed. My relatives are killed. I have never helped any terrorist. I have never harmed any human. What do they need from me? If I am not welcome then just let me know rather than placing the case on-hold for years. I have the right to know in as much as the US government has the right to protect its land.
Quoting the Transformers movie script “Two civilians, 12 o’clock! Cover for us! Hold the air strike! We’re rescuing civilians!”
I would like to tell the asylum office that civilians are here; no need for them to step in the fire. Sign the asylum approval paper and they will be helping civilians.
Calling all Syrians, who are thinking to apply for asylum in the US, “FIND SOMEWHERE ELSE” it is my two cents. Don’t ever plan to apply for asylum in the US. The asylum process is drastically eliminating asylum seekers as much as they can under the name of the law. They are fishing silly reasons to deny or worse (on-hold forever).
I love the USA. I pay my life to save its soil. The US people were very nice to me. I would sacrifice my soul in a favor of providing prosperity to this beautiful country. On the other hand, the asylum process is placing us in a fragile situation. You heard my above advice to the Syrians; in contrary, my 2 cent to the asylum decision makers is to leave us alone and go after the real terrorists; we’re here for an opportunity of life, not for being punished and tortured because Almighty God has made us Syrians. The deal is simple, go and ask our US employers how much ethics we have. We have been working for them for years now. They can provide an insight about us within a heartbeat.
Shutting down the affirmative asylum and cancelling accepting new applicants is WAY merciful than throwing peoples destinies into the black-hole of endless waiting.
The pain they have caused me so far is harmful; I may went too far with my criticism. I am here all ears to listen to your opinions. Please let me know if I have exaggerated. I need people to discuss me in this regard!
God bless you all
Hi SYRIAN,
Your frustration and angst are completely understandable. And, I feel like expressing your frustration on this blog is good for you. You haven’t incited violence nor have you offended anyone; to me, there is no need to apologize. I, however, understand your need to be diplomatic in your frustration so as not to offend anyone- especially when people can allow their preconceived notions to get the better of them.
My experience may not be as bad as yours; I can completely relate. When I applied, my hopes were very high. After all, I did all that was asked of me and I was sure that because of the persecution that I faced, people would be more sympathetic and understanding.
First, I was backlogged for over 3 years. Further, I waited almost 2 years prior to the backlog, without a source of income. This was not by choice. I watched, with utter hopelessness, the powers that be giving “newly arrived” immigrants the green light to cut the “immigration line”. I was also ripped off by lawyers.
During all the wait, I felt like I was on an emotional roller coaster that would not stop. It was like I was trying to get on top of a hill but kept falling down to the foot of the hill each time I almost reached the top. I contemplated suicide. I sought help. It was rough. I felt like I was being intentionally punished for fleeing persecution. But I was encouraged to hold onto to faith. Though I am not out of the woods yet, I am encouraging you to try to be strong. Vent if venting makes you feel better. Reach out to people. Don’t be afraid to ask for help. Find friends- especially other asylum seekers.
I think the gas station analogy is spot on. I wrote a post about this issue (the material support bar) on June 24, 2016. I also think they are singling out Syrian for particularly bad treatment (though asylum officers I know and trust say that that this is not the case, as far as they know). Whether I think the asylum system is so bad that people in general, or Syrian in particular, should look elsewhere, I am not sure. In most cases, people don’t have a lot of options, and most Syrian cases that I have seen are approved (eventually, and many times, in court). Take care, Jason
Dear Jason, 1years ago my category change to A10 as per I know I cannot get green card thrue that catagory. Month ago I get married to a citizen, is it possible to change my category to C09 Thrue marriage. And will I get green card after that?? Please wirte me with details information. Thank you much.
Maybe, but it depends on the circumstances. I wrote about that on August 8, 2018. Maybe that posting would help. Take care, Jason
Can you activate your Bank account in your country while waiting for asylum decision?
I don’t see why not, but I do not know about that. Take care, Jason
Jason Good Morning
I applied for asylum three years ago.
Then I lost my passport with VISA and birth certificate two years ago. I have a police report.
My parents applied for birth certificate and send it to me later. I did not applied for passport because I need to apply in person here in the US, but I do not to do this by political views.
My question is Will I have problem with asylum interview? I think officer can refer me to court because i do not have my passport.
Thank you Jason for you everyday support.
I do not think this should be a major problem, especially if you already gave them a copy of the passport. Even if not, you have the police report and you can explain why you don’t have the passport. I think that this alone is not a reason to send your case to court. Take care, Jason
Thank you Jason ! I really appreciate everything you do for us ( immigrant ) I would like to share my timeline !
December 2012 i came to united for visit
2013 Went back home
August 2013 came back to usa on student Visa
2015 Went back home to visit and came back to USA after a month
2016 Applied for asylum
March 2017 Asylum Approved
4/4/2018 my i-485 ( green card application ) received by uscis
10/20/2018 rfe sent to me from USCIS “which was a birth certificate”
11/14/2018 rfe response delived by USPS ( birth certificate and new G-28 for my new lawyer)
11/15/2018 status update”response for uscis’s rfe was received ”
11/19/2018 status update ” NAME was updated” which i thought was for my new attorney because my name and parents names are the same on both certificate and I-485 form
12/06/2018 New Card is being Produced ( Green card Approved )
Good luck to everybody !! God bless you !!
Congratulations, and thank you for sharing, Jason
Congrats!!! Quick question
At which location did you apply for Green Card Application?
Thank you !Texas, Dallas
Hello Jason, my i130 has been approved but my IH is 2020 pls what do I do next?
Thanks for all you do for us on this platform .
Sorry it was a mistake earlier.
It depends on whether you are eligible to “adjust status,” whether you want to do that in court or at USCIS, and the procedures at the local court. I wrote about these issues on August 8, 2018 and August 28, 2018, but you might do well to talk to a lawyer about the specifics of your case, to see how to proceed. Take care, Jason
Hello Jason,
Do you have recent client decisions from Arlingtons office? Its been 4 months since I was interviewed. I went to the office and they say I should wait… are they usually taking long?
Thanks a lot,
They are moving slowly, at least for my cases, but once in a while we get a decision. Probably, we’ve received decisions within the last few weeks. Hopefully, you will get something soon. Take care, Jason
Hi Jason, I filed an online address change application one month ago, and I got a email from USCIS immediately, it told me that I will get a reply on November 20, but I never got any reply currently. Couple days ago I called USCIS to ask them what is going on, and they told me they were not able to check the status of asylum case and suggest me to send email to asylum office. I did but got nothing! I feel very unhelpful! What can I do….
You can email the asylum office or go in person to ask. Sometimes, it takes them a week or two to reply; other times, they never reply and you have to try again. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Good morning Jason I have an asylum pending case have not been interviewed and I have been here for about three years I met a girl who’s American citizen I want to marry and we love each other but my asylum claim is based on homosexuality can I go ahead to marry the one I love will this complicate my claims please I will appreciate your advice thanks
You can, and you might be able to get your GC based on the marriage (I wrote about that on August 8, 2018). However, you will need to explain why you filed for asylum based on sexual orientation, but now you are married to a female (I am assuming you are male). USCIS might consider one of the case to be fake, and so you do need to be prepared to explain this. Take care, Jason
I agree with you Jason, except he is bisexual. Filing for asylum based on homosexuality, and marrying the opposite sex is a contradiction in my opinion.
Maybe, but I think it can be explained, though this may depend on what was stated in the initial asylum application. Take care, Jason
Hello Jason, my i120 has been approved but my IH is 2020 pls what do I do next?
Thanks for all you do for us on this platform .
Sorry, I do not know about an I-120…
Dear Jason,
I had my asylum interview in San Francisco office on August. I am waiting for decision ever since. They asked me to pick up the decision in 2 weeks, but when i went to pick up after 2 weeks, they said “decision is not ready, we will mail you the decision once it’s ready”…I went to the office in person few times and the front desk clerk said , your application is with the supervisor. I asked her if it’s the background check that is holding the decision and she replied, it doesn’t say on the screen what is holding the decision. THIS WAS BACK IN OCTOBER AND IT’S DECEMBER ALREADY.
What could be the reason decision is pending with supervisor ?
I also tried to email the office asking about the decision last week. I received this in the response…” We are unable to confirm whether your application will be approved or denied at this time. We assure you that your application will be adjudicated as soon as the decision is rendered. Your application will be given faur consideration with all applicable rules, laws and regulation “…
What Could this possibly mean ? I am so tired of waiting ?
Same situation here.
Waiting since January 2018.
I have a gut feeling it’s going to take some more time……..
It’s painful not knowing what’s coming..
Same here.. waiting for my decision for a little over 3 months.Inquired via email and it is still under review by asylum officer. I don’t know what will happen.. fingers crossed 😞
Hi Seeker,
Good luck! Can you share when did you file your case?
I filed in June. Interviewed in August… waiting for decision. What about you ?
I’m from the backlog, applied on March 2017. No date for the interview scheduled…
Such delays are common, and there is not much to be done. I would give them some time – maybe contact them again in two months. If nothing is working, you can try a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Hello my friend i think SF is the one worse office to get decesion on time i did my interview on August as well and still noyhkng i did two times email them and no answer akdo one of my friend did his interveiw on April 2017 and still wIting i so not undrestand what happens with them? They do not care about people who are waiting several years id this the US freedon? I am so sorry
Our experience with SF has been mostly good. We got an approval today from them, so they are on my “nice” list, at least for now. Take care, Jason
Hi Jason,
I’ve been waiting for decision after interview in San Francisco for almost 11 month now.
Regular email inquiry resulted in a bit unusual response from USCIS office:
Your asylum application is under review. An additional review had to be performed on your case and this has caused a delay in processing in adjudication. When the review in this matter is completed you will be notified in writing of any decision pertaining to this case.
Could you comment? Is it just different wording of “decision is pending” or good/bad news?
Thank you.
You really can’t read too much into their messages, as they often seem to be boilerplate with no real meaning. However, it could mean that the case is referred to headquarters. I wrote about that on October 20, 2015. Take care, Jason
Hi Jason,
What is your thought about the TRAC immigration report about the 65% asylum denial rate as of 2018 ? and does that include only immigration court or both court and USCIS asylum office ? Also, do you know if the eoir will appoint more judges to further relieve the backlog ?
Thanks
H.
I saw it, and it is a continuation of the pattern we have seen since 2012. I may try to write something about it, but it seems that denial rates have increased in part due to a change in the law (the case, Matter of AB). Denial rates still vary widely by judge and court. I do expect they will keep hiring new judges for now, though in my opinion, hiring more DHS attorneys (prosecutors) would probably do more to reduce the backlog than hiring more judges. Take care, Jason
🙁
After 3 interviews, they called to cancel the decision pick up. Back to the indefinite fatal waiting. More years to come.
God help me with this!!
I don’t understand why they don’t simply deny the case if they have a problrm!!!!!!! 6 years, what more are they looking for?
I will call my 70+ years old heart-desased dad to let him know that he needs to forget about seeing me.
Sorry to bother everyone, just sharing my frustration :’(
Sorry to hear about the delay ERTUGRUL… I hope you receive your approval soon.
Which asylum office had your interview ?
SF Office
Sorry to hear that. A canceled pick up does not necessarily mean a long wait, but obviously it could. Give them a month or so and then make an inquiry – it is worth a try. Good luck, Jason
In the last three months, Boston and New York offices had the lowest approval rates. My definition of true approval rates is cases approved / (cases completed – filing deadline referrals – referred uninterviewed – dismissed). Why do these north-east offices have such low overall approval rates. Is there a systematic bias in these offices?
Here is the data, sorted by low to high approval rates.
year_month office approval rate
Jul-18 NYC 14%
Sep-18 NYC 22%
Aug-18 NYC 20%
Sep-18 BOS 22%
Aug-18 ARL 35%
Aug-18 BOS 28%
Jul-18 ARL 42%
Aug-18 MIA 27%
Jul-18 MIA 28%
Jul-18 BOS 32%
Jul-18 HOU 34%
Aug-18 HOU 37%
Sep-18 ARL 36%
Sep-18 MIA 38%
Sep-18 NWRK 43%
Aug-18 NWRK 41%
Jul-18 NWRK 47%
Aug-18 CHIC 53%
Jul-18 CHIC 52%
Sep-18 HOUS 48%
Sep-18 LA 51%
Sep-18 CHIC 61%
Sep-18 SF 56%
Aug-18 LA 55%
Jul-18 LA 59%
Jul-18 SF 58%
Aug-18 SF 63%
Sep-18 NOLA 72%
Aug-18 NOLA 82%
Jul-18 NOLA 83%
made a mistake in sorting.
year_month office approval rate
Jul-18 NYC 14%
Aug-18 NYC 20%
Sep-18 NYC 22%
Sep-18 BOS 22%
Aug-18 MIA 27%
Aug-18 BOS 28%
Jul-18 MIA 28%
Jul-18 BOS 32%
Jul-18 HOU 34%
Aug-18 ARL 35%
Sep-18 ARL 36%
Aug-18 HOU 37%
Sep-18 MIA 38%
Aug-18 NWRK 41%
Jul-18 ARL 42%
Sep-18 NWRK 43%
Jul-18 NWRK 47%
Sep-18 HOUS 48%
Sep-18 LA 51%
Jul-18 CHIC 52%
Aug-18 CHIC 53%
Aug-18 LA 55%
Sep-18 SF 56%
Jul-18 SF 58%
Jul-18 LA 59%
Sep-18 CHIC 61%
Aug-18 SF 63%
Sep-18 NOLA 72%
Aug-18 NOLA 82%
Jul-18 NOLA 83%
Thank you for doing that. Some of it seems counter intuitive. For example, Houston is widely viewed as one of the toughest offices. I am not sure if the figures would be different if you included “filing deadline referrals.” Maybe some office are more strict on that point, which causes more cases to be denied, but denied for the one year bar, not on the merits. As to why NY and Boston are tougher, I do not know. It may depend in part on the population of asylum seekers at those offices. If that were the case, you’d think offices close to the border would have a higher denied rate, as the get more Central American cases. Maybe it is just a case of “Refugee Roulette” (you can Google the term and find a seminal article on these points). Take care, Jason
Interest stats.
For a while, New York and SF were considered the best offices. I would imagine that the applicants’ profiles are somehow similar: lots of Chinese applicants + Eastern Europe (Russia, probably) and very few Central Americans that have the lowest approval rates.
Based on these stats, New York isn’t the best anymore.
Choosing between Newark and New York, what will be a better option? Maybe you’ve worked on some cases or heard from your colleagues.
In terms of grant rates, I am not sure, but in terms of speed, I think Newark is better. They have been getting extra help, and for the most part, cases are moving along there. Take care, Jason
I would recommend anyone interested in the stats of approvals read this official document from USCIS.
https://www.dhs.gov/sites/default/files/publications/USCIS%20-%20Quinquennial%20Report%20on%20Asylum%20Decision%20Trends%20and%20Factors_0.pdf
It took a very scientific approach if you are interested in statistics.
Hi Jason,
I was referred to the immigration court and the immigration judge gave me a date for an individual hearing.
I am going to apply for EAD soon. In the form i-765, it asks “Your Current Immigration Status or Category (for example, B-2 visitor, F-1 student, parolee, deferred action, or no status or category)”.
How I am going to fill this section and Can I apply for a fee waiver?
Thanks,
For our clients, we usually put “B-2 expired” or whatever the old visa was. The fee waiver is form I-912. You can apply for it, but it may cause delay and if it is denied, the I-765 will like be denied also. Take care, Jason
Hi JASON,
Thank you for your support. do the asylum office do background check of the dependent (wife)if case if the dependent is a female from a Muslim country?
if yes, does it affect to make a decision?
My understanding is that every family member undergoes a background check. Take care, Jason
Hi, Jason, thank you for sharing your thoughts on asylum processing times.
I have a question, have you dealed with new EAD forms? Where they ask if applicant was arrested or detained by police. Have you received or do you know anyone who received rejection for being detained. I’m an asylum applicant, and I’ll need to renew my EAD in a couple months, I was detained by police in my home country but they never have me any paper. I’m afraid that it will led to denial. Also, does your office take EAD renewal cases? How much do you charge. Thank you
I think you should just check the yes box and include an affidavit (from you) explaining what happened and why you do not have any documents. We have not seen any cases rejected for this reason. Potentially, we could take such a case, but the minimum we charge to open a case is $500, and so it is not cost effective (because we have to deal with a lot of accounting when opening a case). Take care, Jason
https://www.washingtonpost.com/news/powerpost/paloma/the-technology-202/2018/12/05/the-technology-202-the-government-s-tech-unit-is-trying-to-reduce-wait-times-for-asylum-seekers/5c06a8221b326b60d128010a/?utm_term=.17d7ecb0838f
Thank you – I have a friend who was involved in the process, and I think some other positive changes are coming also. We shall see. Take care, Jason
Hi Jason,
A quick question. People are saying about the EOIR that administrative closures and PDs plus terminations are not given no more. When I see that TRAC information it is given but very low this year. Is it true, will now USCIS will take any kind of asylum case to individual hearing. Even if there are grounds to give them time to proceed for any other benefit. Plus can I file for E2 visa if I am in removal proceedings.
Admin closure and PD are much more rare. Whether the judge will give extra time for USCIS to process a case, depends on the judge and the amount of time. As for an E2 visa, I doubt you could get that without leaving the US, but I do not do such visas and so you might talk to an attorney who does, just to be sure. Take care, Jason
Thank you Jason God bless you, may Lord give you best of health and happiness….
Hi Jason. Is there any difference of valuation for Asylum approval by Asylum officer and Immigration Judge?
Not really. If you have asylum from a judge or the asylum office, it is the same. There might be issues related to appeals by the government or termination, but for almost all purposes, it is the same. Take care, Jason
Hello Jason,
A denial for an applicant within status will be in a form of NOID followed by a court referral. (Feb 2018 article). The NOID gives the applicant to respond within 16 days to hoping that the asylum officer changes his/her mind.
The denial for an out of status applicant will be in a shape of an immediate court referral without giving clear reasons (March 2018 referral). There will be no chance to respond like in the NOID case.
Am I correct in my understanding?
Yes, except that if the NOID is denied and the person is still in status, the case is not referred to court. The asylum case is ended, and the person can remain in the US based on their current status. One possible exception is that if USCIS considers the asylum application a violation of status, in which case, they could terminate status and refer the person to court (there was some talk about this regarding F-1 visa holders, but I have not seen it happening). Take care, Jason
Hello Mr. Jason,
I follow your posts with huge respect for you and your experience in immgration law.
I have a question regarding one issue that I am currently dealing with. I will appreciate your thoughts on this: I have a client who is in E-2 status for almost 3 years. He came to US in 2015, he is in E-2 status since then. In September 2018 we extended his E-2 visa for 2 years more, (expiring in 2020). Now he wants to apply for asylum asserting his possible future persecution based on social group ground if he goes back to his home country. He has arrest warrants issued in 2017. He had the knowledge of the arrest warrants since 2017. The home country labelled the social group he is a member of as a terrorist organization and started witch-hunt against members by jailing/torturing them if caught.
My question is: since he missed 1 year rule, when does the changed and/or extraordinary circumstances kick in?
Do you think if it is OK filing for asylum now even though he had the knowledge of the arrest warrants since 2017?
Thank you.
If a person is in lawful status, that is considered exceptional circumstances and excuses the one-year bar. We use that frequently and have never had an issue (we just did it for a client who has been in the US without leaving since 2001 as an H4, F1, and H1b). If you were only relying on the 2017 events, I think they would tell you that there are changed circumstances, but you did not file within a reasonable period of time, and so they would refer the case. So based on what you say, extraordinary circumstances is the way to go. Take care, Jason
Mr. Jason,
Thank you for your response.
In my understanding from what you write, I can just put all the arrest warrants issued in 2017 against him (and other supplemental docs) and file the asylum? I am concerned that at the time of the interview, immigration officer might question the issue of late filing (i.e. filing 1 year after of the knowledge of the arrest warrants). At that point I am afraid the client will not have the answer.
Thank you.
That evidence sounds relevant to the case, but if he meets the “extraordinary circumstances” exception, he should be fine. I wrote about the issue on January 18, 2018 with some links – maybe that would help. Take care, Jason
Thank you so much!
Best,
Jason, I am not sure if you remember I had asked what could be the reason for an EAD application, filed as a pending adjustment of status applicant (asylee), getting denied by USCIS. So USCIS has sent my friend the denial letter and it says that she already has a valid EAD (the one that was issued when she was granted asylum) and so there is no need to issue her a new EAD. Her current EAD is still valid until October 2019.Does that mean she has to wait least 180 days before the expiry date of the current EAD? She didn’t know that the same 180 day rule applies to applicants with a pending I-485 application.
USCIS seems to keep changing the rules, so it is difficult to know what to do. I guess she should wait until 180 day before the old card expires – hopefully, they will accept the application at that time. Take care, Jason
Anyone from New York who filed (or know of anyone) in 2017 that have been interviewed yet? Any month from January 2017 to December 2017. Or anyone with specific information about New York?
Hi. I was wondering the same. I applied in September 2017, New Yok office, no interview yet. But I know people who applied in July 2018 and had their interview within a month, so NY office works fast with new cases. But no infomation available for backlog ones.
Anyone has any information regarding what month and year from the backlog are being interviewed at SanFrancisco office currently? Like an approximation?
Thanks!
Thank you for the great post. It gives a lot of applicants, that are stuck in the backlog, hope for faster interviews!
I would like to ask you, Mr. Jason, for you professional advice, please.
I recently had an Individual Hearing in Arlington court in front of Judge Hong. Before the hearing started, the DHS attorney claimed that she couldn’t process my background check due to my fingerprints being expired. However, my attorney supposedly had a conversation with that DHS and everything was good and ready before the hearing. After the hearing Judge Hong approved my asylum, but she said she couldn’t give me the approval letter that day due to incomplete background. She gave me 1 month to complete it. I had my biometrics taken very next day and faxed it to the DHS and the Judge. And since then I haven’t heard anything! My lawyer contacted the court but nobody seems to know anything. My lawyer says that we just have to wait for DHS to clear it. I am very anxious and want to get this all situation taken care of asap, after waiting for 7 years for approval. Is there anything that I can do to speed that process up? And have you had anything like this ever happened to your clients?
Thank you very much!
We just had a fingerprint issue with J. Hong yesterday. DHS has to do the background check, so I think the only thing you or your lawyer can do is talk to the DHS attorney and ask about the background check. Normally, the judge would schedule a follow up date and – assuming the background is clear – grant asylum on that day. It sounds to me like you should be fine, even if it take a bit longer. Take care, Jason
Thank you very much for response!
We were trying to contact the DHS so she will clear background, but she doesn’t answer calls and never returns phone calls to my lawyer. Is there any other way how I can contact the DHS? Maybe go to court in person?
Thank you
You can go to the DHS office in person, or you can call and explain that to the duty attorney or a supervisor. Hopefully, someone will respond. Take care, Jason
Hi Jason,
I got a green card base on asylum (principal applicant)
Can I use my national passport to travel (of course not going to country of prosecution)
It takes so much time for Refugee travel document to get (4 months)
Thank you
It is better to use the RTD, and if you use your passport, you could be questioned about that. I would at least apply for the RTD, and so if they ask you why you traveled on your passport, you can explain that you did not yet receive the RTD and you needed to travel. Take care, Jason
Hi Jason
I really need your advise. I applied for an asylum in 2016 June and i have not been called for an interview yet because of the backlog, however my sister is suffering from a heart condition that requires an urgent surgery and she is not in my home country but she lives in a different country that shares the border with my home country.Now my problem is i have tried to get an emergency advance parole to no avail.I went to the local uscis field office and they told me they have no asylum officers there and i have to file the form i-131 through the normal procedure which could take months before i get a response.Also if i do file with the Uscis and pay over $600 do you think they will consider my case?i understand its not guaranteed even though i have all documentation proving her condition and also that she is my sister.Have you had any situations like this before, i know the risks involved of not being possible denial to re enter but im willing to try because she is all i have.Please advise me on how i can get an emergency advance parole as she is the only family i have.
USCIS is being very difficult about AP, and so there are no guarantees. You should be able to get an answer from them if you make an Info Pass appointment and have evidence of the emergency, and I do not see why they would need an asylum officer to review the case (but maybe they do – their procedures are not very clear). If you try through the regular process, and you have good evidence (including evidence that the medical condition is serious and/or life threatening), you should have a decent chance of success, but you never know, it could also be denied. Also, double check the fee, as I thought it was less than $600. Good luck, Jason
Hi Marianne,
I am in a similar situation and I am planning to apply for an Advance Parole. I would I like to know whether you visited the local asylum office with the fee deposited and the I-31 completed with all the necessary documents or you simply went there to get information.
Normally, to apply for AP, you do that with USCIS. The asylum office is not involved in the process. I wrote about AP on September 11, 2017. Take care, Jason
Hi Jason,
I applied for asylum at the New Orleans Office. Can I apply for an Emergency Parole at the same office? My only concern is if I get an info pass appointment, do I have to have everything ready with me including the 1-31 and the fee receipt? I am afraid if they don’t grant me an advance parole, I may lose my money. Thanks.
Unfortunately, you have to pay to play – so if you want AP, you have to pay for it, and you still face the real possibility of denied. I do not know whether the Info Pass appointment is at the same place as the asylum office in New Orleans, but the appointment letter gives you the address. If your plan is to apply for emergency AP, you should bring the completed form, all documents, and the fee when you go to the appointment. Take care, Jason