As you may have heard, parts of the federal government are closed for business. After two years of Republican inaction on “the wall,” somehow President Trump has decided that now is the time to shut the government down in an effort to “permanently fix the problem on the Southern Border.” Let’s look at the effect of the shutdown on immigration generally, and on asylum more particularly.
In immigration world, the biggest–and most ironic–effect of the shutdown has been to close most of the nation’s Immigration Courts. Courts that handle detained cases are still operating normally, but non-detained courts are closed. The irony is that shuttering the courts will have the effect of delaying the deportation of many aliens. On average (and based on current projections for FY2019), Immigration Judges will deport about 676 people per day. If we remove detained cases from the mix (very roughly speaking, detained cases make up about 13% of all Immigration Court cases), we can estimate that for each day the government is shut down, 588 people are spared from deportation. Given the long backlog in Immigration Court, most people with postponed cases will probably not return to court for another year or two, and so such people will be able to remain the U.S. far longer thanks to the shutdown.
Also from the Irony Department: The lapse in government funding means that Border Patrol agents–the very people who are supposed to guard our Southern border–will not be paid until the shutdown ends. As you can imagine, this is not great for morale. In addition, the E-Verify System, which allows employers to check whether a particular person is authorized to work, is down. If this “electronic wall” is not working, some “illegals” may be able to work. These results seems contrary to Mr. Trump’s stated goals of deporting more people and fixing the broken immigration system, but what else is new?
Of course, many asylum seekers will not be very happy about having their court cases delayed. Some have been waiting years for a decision, all the while separated from family members and living with great uncertainty. For such people and their families, the delay is heartbreaking.
To check on the status of the Immigration Courts, you can visit the EOIR website, which will indicate whether operations have resumed. If your court case is postponed due to the shutdown, the case will be rescheduled once the lapse in funding has been resolved. From EOIR:
Non-detained docket cases will be reset for a later date after funding resumes. Immigration courts will issue an updated notice of hearing to respondents or, if applicable, respondents’ representatives of record for each reset hearing.
In other words, the Immigration Court will send you or your lawyer a written notice for the new hearing date. You can also check the Immigration Court hotline, which indicates when your next hearing is scheduled. The phone number is 800-898-7180. This is a computer system; not a person. When it answers, follow the instructions and, when prompted, enter your Alien number. The system will tell you your next hearing date. Unfortunately, the hotline will not be updated during the shutdown, but once the situation is resolved, you can check for your next appointment (whether cancelled Individual Hearing dates will be set for another Individual Hearing or a Master Calendar Hearing, we do not yet know).
What if you want to file documents, evidence or a change of address with the Immigration Court? Immigration Courts and the Board of Immigration Appeals (“BIA”) are accepting filings for detained cases. As I understand, most courts are also accepting filings for non-detained cases, but such filings will not be acted upon. The problem is that such filings may get lost in the avalanche of documents that the courts receive. This problem will be especially acute if the shutdown drags on for weeks or months. My advice: If you have a deadline, file your documents, but make sure to keep a copy for yourself and have evidence that you filed (if you can file in-person, the clerk will stamp your copy of the documents; if you file by mail, you should keep a copy of the certified mailing receipt). If you do not have a deadline or an emergency, it is probably better to wait until the shutdown ends before filing any documents with an Immigration Court or the BIA.
For asylum seekers and immigrants who do not have court cases, the shutdown is far less consequential. USCIS obtains its budget from “customer fees” (i.e., money you pay for your green card, work permit, etc.), and so the lapse in government funding is not an issue (there is currently no fee for asylum, but USCIS customer fees fund the Asylum Offices). As a result, the Asylum Offices, USCIS offices, and Application Support Centers (the place that takes your fingerprints) are all operating normally. While this is unlikely to change, there is no harm in double checking before you make the trek to your appointment. You can do that here.
One final question is, How long will the shutdown last? Of course, we do not know. The longest shutdown to date occurred during President Clinton’s term, and lasted 21 days. The current shutdown began on December 22, 2018, and so as of this writing, we are approaching Mr. Clinton’s (or more accurately, Newt Gingrich’s) record. The shutdown is inflicting much damage on our country, including to some immigrants and asylum seekers. Let’s hope that our leaders can bring an end to the impasse as soon as possible.
Hi Jason,
Happy new year !
Here is my timeline:
July 15th 2018: Submitted my asylum case
September 2nd: Received a failure to appear notice without having received any interview notice (it’s their fault)
September 15th: Asylum office accepted to reschedule my interview.
Since then I didn’t hear from the asylum office. I called them and they told me that my case is put “in rotation”.what does that mean ?
Am I in the backlog ? if yes are they interviewing from the newest cases to the oldest cases or the opposite (PS: the office is Chicago)
Thanks
Maybe you are in the backlog, but it seems to me that they should have rescheduled you. You might reach out to them again (or go in person) to ask about the rescheduling. But if they do not give you an interview date, you are probably in the backlog. I do not know what it means that you are in the rotation. I would think it means that you will get an interview, but I do not know. Also, I do not know whether Chicago interviews their backlog from newest to oldest, sorry. Take care, Jason
Hello Jason,
Thanks for your relentless support for asylum seekers
On my referral to court it states ‘ You have 55 days pending on your asylum clock as at 13th December 2018 The least date you can apply for Ead is 11th January’
from my own calculus I have not reached the 150 days due to rescheduling of my first interview
Can I go ahead and apply?
I would call 800-898-7180 and enter your Alien number. If the system is working and your case is entered, you can follow the instructions and push 2. The system will tell you how many days have elapsed on the clock. If the clock is running and 150 days have elapsed, you can apply for a work permit. Whether your name will be in the system, I do not know, as the government shutdown may be preventing the phone system from updating. If there is no answer, I guess you can try for the work permit, but I do not know whether it will work. Take care, Jason
Hi Jason and the House,
I really do appreciate your information on this platform, you are doing a great job here.
Please, I do need clarification on an issue. I filled my asylum application in Newark NJ in May 2017 and yet to be interviewed. I am presently going to School in Texas and have moved almost year but didn’t change my address yet.
1) I want to know if it is necessary I change the address to Texas’s address since i have rented a house here in Texas, as I registered my information on the Social Security page but did not go through with my NJ address and actually detected my Texas address?
2) What is the implication, should I change my address from Newark, NJ to my Texas location? Will I be in line in Texas or attended to in the LIFO format?
3) Is it advisable for me to file my Income Tax Return in Texas or New Jersey since I have worked and still schooling in Texas? What would be the implication filling outside of your Asylum submitted center?
kindly respond in accordance to the questions as I am worried.
Regards..
Emmanuel
1 – If they think you are lying about your address, they may think you are lying about your case. But if you have a good argument that your permanent address is NJ, you may be alright. I wrote about this issue on June 24, 2015. 2 – The case will move to TX. Whether that might result in a faster interview, I do not know. I doubt it, but we once moved a case from Virginia to San Francisco and the person did receive a faster interview, so you never know. 3 – Again, if you file taxes in TX but keep your case in NJ, that seems inconsistent and may cause problems for the asylum case. Take care, Jason
Hello JASON
Are cases of asylum seekers from Afghanistan sent to headquarters for approval?
THANKS
Such cases are often delayed, but I do not think that is because of headquarters. I think it is because of security background checks. I did a post about the types of cases that get sent to headquarters on October 20, 2015. Take care, Jason
I have applied for my EAD renewal last week and the lawyer was telling me that if I had any issue with the police, my EAD might not be issue! The good thing I have no issue with American police. The other thing is that the lawyer charged me 150 for sending my work permit. Is that fare? I dont know to which office they sent my application. I only know the asylum office and the work permit is sent to different office
If you are applying for an EAD based on pending asylum, you are required to disclose any arrests – here or anywhere else. As for the fee, we charge $200 for an EAD, so I think $150 is a bargain. Take care, Jason
Wanted to share my EAD timeline
Applied in late October.2018 to Potomac office.
Jan.9 my case was approved. Card is ordered and it will be sent to my address.
Was it renewal or first EAD, please?
6th EAD renewal.
Hi Jason
I was wondering if you knew whether my attorney can translate documents we’re sending to immigration court
Cheers
I guess so, but normally, it is better to have someone else do that (you can use a friend – anyone who speaks both languages – I wrote about that on August 24, 2017). If there is ever an issue with the translations, the attorney would have a potential conflict of interest if the attorney was also the translator. Take care, Jason
Thank you! Do i need original signature on derivative copy i’m filing or can i use a copy of the original
I am not sure, but we have always used original signatures, and I am pretty sure that is required. Check the I-589 instructions to be sure, but if you can submit the original signature, then you are fine. Take care, Jason
Hi Jason
I have a pending application in Virginia applied December 2017 do you know how long it will take to get an interview
No one knows, but if they have time to work on backlog cases, they will be working on the oldest cases from late 2014 or early 2015, so you probably have some time to wait. If you have a reason, you can ask to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hello Jason , Thank You for always helping those people who need really help and support.
I have a question,
My case recently refered to Immigration Judge , but I understand that my Asylum Officer did not read my statement properly or he need to revisit my case , because I submitted all evidence that I was abducted and was mentally tourchered, I shared evidence of threats letter and pictures shows attack on my home. Still he did AO give me a reason for not granting is past prosecution or future prosecution. Can I appeal this decision with my lawyer that I am not agre with AO decisions and I need a fair review for my case.
I worked in war thrones country , My work acknowledged by some International human rights organizations, my three fellows killed in last years .
I worried and need guidance if I can file an appeal at USCIS in Texas ?
Thank You Jason
God bless you all my friends
There is no appeal from the asylum office’s decision. Potentially, you can ask them to reopen the case due to an egregious error. That is very unlikely to work. It may be that they believe you, but that they think the harm is not “on account of” a protected reason. You can talk to the lawyer about a motion to reconsider, but in most case, it is not worth the trouble and it is better to focus on winning in court. Take care, Jason
Jason,
I realize two things as it relates to applicants filing I-589 affirmatively: 1) We tend to believe that a grant of asylum at the asylum office is sure once we believe that we satisfy all the legal requirements; 2) we focus a lot on persecution (this is not a bad thing but must be done strategically/sensibly), and in the entire process, fail to build a complete/strong case. Please note that past persecution, even if you appear to, on the face of it, qualify as refugee, can be rebutted.
First, we must understand that a grant of asylum- especially by an asylum officer and or his/her supervisor- is discretionary. They are at liberty to refer your case to an immigration judge even if you submitted the perfect I-589, fortified with supporting documents and evidence. This is not to say, though, that the majority of the asylum officers don’t take their work seriously and are not fair! However, asylum applicants must bear in mind that there are asylum officers who have their own biases and a grant of asylum by the officers is essentially discretionary.
Second- and this is something I have been seeing a lot of since lately- being persecuted in your home country does not entitle you to asylum. You must still meet the definition of a refugee before you can qualify for asylum. A an applicant applying for refugee/asylum status must, inter alia, demonstrate that he/she was persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group (I.N.A 208.13). Past or future persecution alone is not enough- a “nexus” must be demonstrated . You must demonstrate that you fall under one of the afore-said categories. In addition, you must show that your government is either unwilling or unable to protect you from the persecution. This is especially important if there is not enough media attention, or reputable sources/reports, on the persecution that people like you face in your home country. Unfortunately, the law says that the burden of proof is on the applicants.
We can find comfort, however, at least for now, in the reality that it’s easier to win asylum in court than at the asylum office. I like to attribute the foregoing statement to the fact that judges are more likely to follow asylum laws than the asylum officers as, apart from the fact that the Board of Immigration Appeal (BIA) will go over the court record, there is more transparency because of the nature of the legal proceeding.
Hi Jamie,
I agree with you 100%
Take care
Asylum is discretionary, but there are certain factors that must be considered in exercising discretion (see, for example, Matter of Pula). In other words, discretion is not arbitrary, or at least it shouldn’t be. Otherwise, I agree with everything you say here. Take care, Jason
Thank you Jason for his help and insights and everyone who share their stories and experiences. I have a question. If I’m not wrong, the interviews are scheduled once one’s finger prints are recorded AND also the background check is performed. I know shut down is not effecting USCIS, however, I would be curious to know whether the background checking process is effected by the shutdown. I’m asking because I read some news that FBI is facing staff asking for leave and they are facing funding issues. Does the shut down effect the background check and result in delay in interview schedules? It would be helpful if Jason responds to it. Thanks,
As far as I know, the background checks are not affected by the shutdown. In my experience, the background checks are sometimes not complete until after the interview, and sometimes, these checks cause the decision to be delayed. Take care, Jason
Hi Jason,
I am a green card holder through asylum. My question is if my country circumstance change in a way that I won’t be in danger anymore, what will happen to my green card? are they gonna revoke it? Also in this case, can i apply for citizenship?
Once you have the GC, you should be safe, even if the country is no longer dangerous. The only way they would revoke the asylum is if they suspect fraud. Otherwise, you should be fine to have the GC and apply for citizenship. Take care, Jason
Dear and very respected Jason!
Let me thankyou for one and only of its kind blog which is truly for humanity, and for people who are in need.
Have 3 questions dnt need to answer all if dnt have time,
1. Did fingerprints on 12/21/18 by when can i expect interview call?
2. How come anybody knows that one’s LIFO case (if no interview call) went to backlog?
3. Arlington office recent situation? Is it interviewing more cases than recieving?
Thankyou and wish you success and happiness always
1 – Probably within the next month or two. If you don’t have an interview scheduled by then, probably your case will be in the backlog. 2 – There is no way to know, except based on the timing of whether you get an interview. If you don’t have the interview 3 months after you filed, it is pretty safe to assume that you are in the backlog. 3 – Arlington is receiving more cases than they are interviewing. I would guess that less than 50% of the cases we file there get interviewed, but I am not exactly sure. Take care, Jason
Hi Jason, I checked my asylum application this morning & it said decision pending but when I called the asylum office in Nov, an officer told me a decision has been made & will be mailed to me in a few weeks. What do you think? Thank you for all your help here. God bless you for us
Hello Asylum Seeking Lady,
Kindly tell me the link through which you were able to check for the status , I’ll appreciate if you can provide me with some guidance about that.
Thanks
Google USCIS case status, and enter ur receipt number.
Many thanks.
Jack has replied you. Go to USCIS official website & type your receipt number into case status field
Thank you
It is http://www.uscis.gov and you need to go to Check Case Status and enter the receipt number on your asylum receipt (it starts with the letter Z). Take care, Jason
I think you can’t put a lot of trust in what they tell you, and the online info is very vague. It may be that a decision was made in terms of the asylum case, but they are still waiting for the background check. Who knows? You can contact the asylum office again to ask about the status of the case, but otherwise, there is not much to do aside from waiting for them to mail you the decision. Take care, Jason
Hi Dear Respected Jason:
You may not even imagine how much do I respect your nice kindness doing for us. You are really a good human in the earth.
I have a question, which is irrelevant to the post.
Is there any difference between those who come legally through a visa like B1/ B2 or F1 and applying for asylum and those who comes illegally through borders? Which of these two options has more chance to win the asylum, for sure, if the case is strong.
Much appreciated and regards,
The asylum law is the same, but the procedure is different. Border cases must pass a credible fear interview (an initial evaluation of eligibility). Border people may be detained while their case is pending, and they usually do their case with a judge, not the asylum office. Given the difficult conditions of entering at the border, it is often harder to get evidence and prepare a case. In terms of what a person needs to prove to win asylum, that is the same, regardless of where they entered. Take care, Jason
Hi Jason,
My wife applied asylum last year and I was included in the application as well. I applied recently for EAD and sent them Fingerprint Notice I-797C with my application. They sent me letter stating that they need evidence I applied for my asylum. Here what they wrote: You did not submit evidence with form I-765 to indicate that you have lodged or filed a form I-589. Records from USCIS and Executive also fail fail to establish that you have lodged or file form I-589, or you have an electronic record opened as a dependent on the form I-589 of a spose or parent. A stamped copy of an I-589 received by a service center may not be sufficient unless the asylum office’s electronic records also reflec the filed -I-589.
Assuming you are a dependent in her case (meaning you submitted your own page 9 of the I-589, which you signed, with your photo + the marriage certificate) then you should be able to get the EAD. When you file for it, you need to include information about your own pending case, which could be a copy of her asylum receipt, your biometric receipt, and your marriage certificate. Take care, Jason
Hello Jason and everybody this morning when i check my A number on Uscis website it shows :
You completed your interview with USCIS. The time it takes for USCIS to give you a decision after completion of an interview may vary. An officer told you at the end of your interview if you needed to return to the office to pick-up your decision on a specific/scheduled date, or if your decision would be mailed to you.
You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock. Your case has been pending with USCIS for 803 days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete. For more information, please see the USCIS website.
If an officer told you to return to the office to pick up your decision on a specific/scheduled date, you must do so in person to avoid stopping your EAD clock.
Since we currently send all communication by mail, you must report a change of address within 10 days of moving by changing your address online or by filing Form AR-11, Alien’s Change of Address Card by mail.
Is that mean i will get decesion soon? Or it means denail or approve?
Thank you so much
Hello,
I had an interview a few months ago. I checked my receipt as well and showed the same thing.
Do you mind to tell me when you did you have an interview?
thanks
Hi my friend i did mine on august 2018 and you?
And from when yours is changed?
I also did my interview in august 2018 and i checked the status early in the morning (~5 am pst) and it gave validaton error… I did the second check around 10 am and received the same response as yours…
This is new – it was not even announced anywhere yet, at least that I saw. It is some progress, so that is good. Take care, Jason
Hi all,
I did my interview in August 2018 too and today saw this message when I checked my status. Is there anyone who has done their interview more recently and gets the same message?
They are not telling you when you will receive a decision; only that you had an interview. Did the officer tell you to return in 2 weeks? If so, you need to return for the decision. Otherwise, they will mail it to you, but wait times are very unpredictable. This online system is new. Hopefully, it will work and be helpful. Take care, Jason
hi jason and every one i have checked the uscis websit too and saw the same thing what do you think is it a good Indicator or not thank you
My guess is that it is generally going to be accurate. How well it will work, we shall see. Take care, Jason
I interviewed September 2018, and I can check the decision pending today. Prior, when I entered the receipt number, it showed error.
Hi Jason, can a denial of eb2 adversely affect your chances of grant of asylum?
Generally, no, but if USCS thinks you lied on the EB2 or if the info in that application is not consistent with your asylum case, it could have an adverse effect on the asylum case. Take care, Jason
Hi Jason,
I had my interview 4 months ago and I have been constantly checking my status online and it would give me error. I changed my address on Monday And today I check my ZSF number and it did not show me any error but said that my decision is pending.
What does this mean? Does this mean my decision has bren approved? Because usually it shows error? Please advise Jason.
Other people having been posting similar info here. I know they are working on making some asylum info available online, and it is supposed to be up and running soon. Maybe it is now working, though I did not see an announcement from them. The info you received just said that a decision is pending, meaning that you will get it. When you will get it, it does not say. Sometimes, this is fast; other times, it is slow. Take care, Jason
Which site are you checking the status . Please provide me link
Hi Jason, I had my interview on May 2017 here in Los Angeles. I have been checking status of my asylum case frequently on uscis website and as you know the the website does not recognize asylum cases. Today I checked it again and I saw a page appeared saying on the top that “DECISION IS PENDING” with a page long about EAD and the number of days my case has been pending with uscis. So does it mean anything? Is it possible they have made a decision?
Cheers
It is like reading tea leaves. I really do not know. It may relate to an EAD application, if one is pending, or maybe is some indicator of the asylum case. You can contact the local office to inquire if there is any news. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). The asylum offices will be putting info online soon (or so they have been telling us for months), so maybe this is part of that effort. Take care, Jason
I have same situation here, when I checked my pending decision case online it showed that my case is pending for decision
Hi Jason:
I came to U.S on a b1 visa, and visa was valid for one year and my legal stag for 6 months. Due to some health, financial and many other problems, I couldn’t apply for Asylum at the beginning, I applied for Asylum 7 months after arriving to the US. It means that I was overstayed for month but my visa was valid. It has been like more than 150 days that my Asylum application is pending and I received the confirmation and did the biometric as well. What is your opinion, am I on the right side for asylum eligibility since I applied within one year or not ? I have doubt that they don’t question about my one month overstay. Please help me with this question, I am badly stressed, I don’t know when I will get at least one day relief as I had experienced bad days in home country.
You are fine. The only deadline that is relevant to asylum is the one year. If you filed before then, there is no issue. I suppose they could ask why you waited 7 months to file, but you can explain that, and it is no big deal. Also, I doubt they will ask, as it is not legally relevant. Take care, Jason
Dear Jason,
Please I need help with my EAD. It’s been 80days since I applied along with my family, we got for 2 members of the family but mine remain the unattended. Each time I enquire, USCIS stipulate it’s still within 90days period and I must wait before next line of action.
I read about Rosario case v USCIS about interim EAD 30/90days after application, just wondering if this applies to asylum applicants like me.
Please help elucidate.
I do not know about the Rosario case, but USCIS does not issue interim EADs. There was a court case (I think) that required USCIS to produce the initial EAD more quickly. However, initial EADs normally take 1 to 3 months, and sometimes longer. My guess is that your case will be processed and you will get the EAD. Perhaps you could sue over this, but it is probably not worth the expense or trouble. Short of that, I think there is nothing to do, at least until 90 days have passed. Hopefully, you will get the EAD soon. Take care, Jason
Many thanks to you Jason.
Dear Jason,
I am very happy to work with you as our legal attorney for our asylum process. Each day I follow up your posts and the comments of asylum seekers and yours. You are biggest and only chance of our last two terrifying years.
We had applied on Sept 2018 and very hopeful to get an interview as the LIFO process has begun. You advised to wait a couple of months for the interview but although it is very disappointing i think we have to accept the reality that we have been moved to backlog which means waiting several years as an alien..
Last week my elder brother had an heart attack and as the doctors said he was almost dead when he was taken to hospital. When I got the news from my parents I felt as I was dying..Luckily he is well right now. At that moment i realized the only thing is to pray with my tears.
The only thing that i want to see my parents one more time in a third country soon. That is my only wish from my god..
Approximately how many years will i wait for this?
thank you
There is no way to know how long you will wait. Some offices will work through their backlogs from oldest to newest, like Virginal. Others may be going newest to oldest (as they announced all offices would do). If your office does “newest” backlog cases first, maybe you won’t wait so long. Aside from Virginia, I do not how offices are working through their backlogs. You can try to expedite – I wrote about that on March 30, 2017. You can also try for Advance Parole to travel – I wrote about that on September 11, 2017, though these days it is more difficult to get AP than when I wrote that article. Take care, Jason
Hi, Jason
I’d like to ask, my mother still on her asylum pending, I got my citizenship, she submit the asylum when she was out of status 3 months ( b1/b2 she got 6 months permit to stay) Month 9 my mom submitted the case, so i want to sponsor her, she has been living in USA for 3 yrs, still waiting for the interview. So, IF she goes outside USA How many years she get banned? since asylum seeker cant adjust status ( from What i heard and seen here ) so she needs to Do CP.
If you are a US citizen and over 21 years old, you should be able to sponsor her and she should not need to leave the US. I wrote about this in the context of marriage on August 8, 2018, but the situation is basically the same for an adult child to sponsor a parent. Talk to a lawyer about the specifics of the case to be sure, but from your question, it sounds like you should be able to do this. Take care, Jason
What if a US citizen sibling/parent file a petition for a married sibling/son who has an asylum case in court, is he required to leave the U.S. ?
Unless he has some other status and can keep that lawful status until the petition is current, he would have to leave the US. Parent petitions for adult married children take a long time – I think about 12 years. So most likely, the person would need to leave the US to get his GC. Whether that will be possible at the time depends on the case. Talk to a lawyer about the specifics of the case to be sure. Take care, Jason
Hi Jason and Asylum Community. I am applying for my EAD but cannot find list of documents beside i-765 form check and amount that I need to submit in order to get my card. Can someone advise on the list of documents that need to be submitted?
Thanks in advance
The I-765 instructions should tell you. Normally, you submit proof of the pending asylum case, two passport-size photos, copy of the passport, and maybe other documents depending on your case. You need to check the instructions to be sure. Take care, Jason
Hi Jason,
I went to my I 730 interview at the Embassy. But officer put me on administration process and he also gave me a letter 221(g) on that he ticked the box where it says no further action is currently required on your part. you will be contacted when a final decision has been made or if additional information is required for your case. My husband claimed the asylum based on belongs to particular social group. Officer took my passport and all originals. My question is, Do they take the passport when they want to do administration process? how long will they take to get a final decision? please help me clear these 2 questions
Thanks
We are seeing more cases delayed for “administrative processing,” whatever that means. The long delays we have seen were different, though, as they did not take the passport. Hopefully, since they have the passport, you will get some news soon. If you Google the embassy website, you should find contact info for the visa section, so if it is taking more than a few days, you can email them to inquire. Take care, Jason
I also had somehow similar experience when I applied for my entry visa in the US embassy in a third country. When the interview was finished I was told to come back the next day to get my passport back. However, when I reached home I got an email from the embassy telling me that my visa application will be delayed for administrative purpose and in the email I was asked to provide further information about all my siblings and their current jobs. I was also told to go back to the embassy to get my passport. The next day when I went back to the embassy my passport was returned to me with a pink slip explaining that visa was delayed and I would be informed to come back once the process was. completed. within a week I got another email telling me to go back to the embassy with the passport and when I went I was asked to sit there and within 45 minutes my visa was issued. Hopefully things work out for you..
Thanks Jason for your reply.
Karim thanks for sharing. Was it I -730?
Hi Cathy i’m happy you got your interview .
Hopefully you get a positive decision soon!
Please how long did your case stay with Nvc before going to embassy.
Did Uscis respect the time frame for i730 which is 7
1/2 months to 9months? How long did yours take in total.
I got approval on September 2018. NVC transferred the case in End ofoOctober October after we gave them few calls. Embassy called.me on November to take the forms and interview appointment letter. My husband applied it November 2017. So all together 1 year 02 months now.
Thank you Cathy,
Wish you all the best.
Dear Jason,
I recently made an inquiry at the arlington office because it has been over 4 months from my interview. I was told that my case was no longer with the officer but with his supervisor.
I remember that I asked my officer the day of my interview about the timeline and he said “I dont know because this needs to go through me and my supervisor”.
What is your opinion about this? Is it good/bad? I am on status under a student VISA. This is getting very frustrating. What is your experience with similar situations in the Arlington office.
Thanks a lot as always. This blog is literally helping me a lot
This is normal. Every case must be approved by a supervisor. For a while in Arlington, this was a problem, as there were not enough supervisors. I think this issue has been resolved, but I am not sure. Also, delays after the decision are normal – especially for men from Muslim countries. There is not much you can do about this delay. Give them some time, and if there is no news, you can inquire again. Take care, Jason
Jason, I am from Venezuela and on status. Working with my OPT. I hope I can get it sooner than later.
Thanks
Hi Jason,
Thanks for all you do.
I wanted to get an idea of the timeline for interview at the Arlington va office
I applied for asylum sept 2017, got my EAD and SSN April 2018.
can you please give me an idea of when i will most likely be interviewed
Secondly,
I have been having issues getting some jobs based on my EAD, can u please tell me what class of EAD asylum seekers get, and are there limitations to the kind of Job we can do, more specifically can asylum seekers with EAD work with govt and obtain security clearance or this can only be obtained by citizens.
Lastly
I have also changed my address with the uscis office for close to two months now, i have not gotten an receipt from the office, how can i confirm if my address has been changed.
Thanks
Olu
No one can tell you when you might get an interview. Arlington is generally only interviewing new cases (under LIFO). If they have extra time, they interview the oldest cases (late 2014 or early 2015), so it will be quite a while before they get to September 2017. You can try to expedite – I wrote about that on March 30, 2017. There is only one type of EAD card – there are different categories, but your EAD is the same as everyone else who has such a card. You can work anywhere that will hire you. Some jobs may not hire you due to security clearance issues or other issues, but that is up to the employer (and in some cases, discrimination may be illegal). If you filed the AR-11 online, you should have received confirmation of the change. There is no other confirmation. Take care, Jason
Are you sure they interview the oldest cases if they have extra time? I recall reading that the backlog is also process on a LIFO bases.
At Arlington, they are doing the oldest cases (according to the office director who spoke about this issue late last year). When they announced LIFO, they said in writing that they would do newest cases and work backwards through the backlog. It seems that the different offices can decide how to handle this on their own, and so different offices will work through the backlog in different ways. Take care, Jason
And to add, govt jobs are a bit restricted. I think they only hire LPR and citizens.
I never had any issues getting a job with my EAD.
Hi Jason ,
We have a pending asylum case
I am a dependent on my wife’s case
We are having issues with our marriage
I wanna file for divorce and remarry a citizen
I was told if I file for divorce I will be out of status which will lead to deportation notice
That is gonna make my case worse.
Please what is your advice.
Thanks
Once you are divorced, you are no longer part of your wife’s case, and so you lose your dependent status (she can remove you from the case anytime, even if you are not divorced yet). If that happens, you would need to leave or find some other way to stay here. If you marry a US citizen, your new spouse can probably file for you. Even if you have been sent to court, you can still get a GC through the marriage (assuming you are eligible). I wrote about this on August 8, 2018. Take care, Jason
🤣🤣🤣 Have you proposed to the citizen? Did you tell her you are still married to the non-citizen? Did she say, yes!yes!yes!. What if she says no! no! no!
I went for Interview last month , Interview was very good for me, I was satisfied that I will be good. I presented evidence and everything, When I went to pickup my decision its says
you have not established that you are a refugee because :
past persecution
future persecution
even I shared evidence of attacks on me and my family, my abduction and other relevant documents. They referred me to an immigration court. If my all evidence, pictures, can’t prove me that I had past prosecution and will be prosecuted in future then how I have to prove it ?? I am really disappointed
I am sorry to hear this. The problem may be the “nexus”, meaning the harm you suffered must be “on account of” a protected ground (race, religion, political opinion, nationality, particular social group). I wrote about the nexus on May 13, 2014. Maybe that post would help. You will need to present evidence of the nexus in court. It could also be that the asylum office just did a bad job, as that happens too. Talk to a lawyer for help in court, and hopefully, you can still win. Take care, Jason
Hi Jason,
I really appreciate this blog and your contributions and help for all of the asylum seekers.
I’d like to share my timeline and also some good news with other asylum seekers.
Timeline (Houston AO)
Applied – 07/2017,
Received – 07/25/2017,
Biometrics – 07/31/2017,
Applied for EAD – 01/12/2018,
EAD approved – 01/31/2018,
Applied for expedition – 11/2018,
Interview notice – 11/31/2018,
Interview – 12/26/2018,
Approval – 12/28/2018 (this is the date the approval notice was printed, the decision was picked up (with I-94) on 01/09/2019.)
Also, I have some questions and could you please give some suggestions?
1. For DL and SSN, can I go to the office now to remove the restrictions/limited terms or I need to wait until I get my green card?
2. I still cannot find my case status online, I don’t know if the AO will send me the new EAD or I need to apply for EAD (A05) by myself?
Thanks
Best,
Asylee
Congratulations – That is an excellent way to start 2019! As for the questions: 1 – You should be able to do that now. 2 – They should have given you an I-94 (attached to the approval) and they should mail you the new EAD. Our experience with Houston is that it takes several months (maybe 3 to 5) to get the EAD after asylum is granted. You are allowed to work with the I-94, and you can also show employers the old EAD, which they will likely accept. Take care, Jason
Hi Jason,
Thanks. I’ll go next week to remove those. I checked online today, and it says the fee was waived. I guess the EAD is in the process now.
Best,
Asylee
Congratulations!! And welcome to the US of A😁. My timeline resembles yours but I was granted in September.
I’m so proud of you Jason!
My success came from your articles . I couldn’t afford for a lawyer but my God directed me to your blog.
Question please
What if my Ead C05, gets expire do I have to reapply or just use my i94 for job.
Thanks
God bless
When you win asylum, you should receive a new EAD under category a-5 (sometimes, it take a few months to get the card). Before that expires, you can apply for a green card. For a person with asylum, they are allowed to work even if they do not have an EAD. The problem is proving that to an employer. But you are correct that a person with asylum and an I-94 is eligible to work. Take care, Jason
Did you use an attorney? if yes, can you please share the name?
Hi Jason. I am granted Asylum by immigration judge 7 months ago. I want to apply for Travel Document. 1. What will be catagory of RTA? How much fees? What expected time to deliver RTA?
The form is the I-131, and you are seeking a Refugee Travel Document. You have to check the form instructions for the fee. In the past, such a document took 3 or 4 months, but it might be slower these days. Take care, Jason
Hello Jason,
I really need your help, I was duped by a lady that call herself a lawyer and she really messed up my asylum application. I did not know this until I got to the interview. The supporting document was given to me a day prior to my interview, silly me did not check the document until the morning of the interview and that was when it dawn on me that I was duped. Where i need your help is this,
1. If the asylum office feels my case is frivolous and i’m referred to court is there a remedy to the mess I got myself into if I got a good lawyer.
2. Can you help me with a good lawyer around New York.
I feel like my whole world is crashing down.
Unfortunately, this is a common problem. It is not your fault, as there is no way for a person from another country to really know if their representative is any good. When you get a lawyer, I highly encourage you to report the fraudster to the appropriate authorities. This will help future victims, and maybe you will get some of your money back. It will also help explain to the judge what happened with your case. As to your questions: 1 – You can correct such problems, though you will need to explain any changes to your statement or evidence. Also, if you testified inaccurately at the asylum office (maybe in order to stay consistent with the incorrect documents), you will need to explain that. A complaint against the first “lawyer” will help on these points. 2 – I cannot recommend lawyers here, and I really do not have a lawyer in NY to recommend. Try http://www.aila.org – the lawyers there tend to be more honest than average. Talk to a few and see if you are comfortable with them. Take care, Jason
Thank you Jason, please how long did you think my case can last in court before final decision. I really want to know so that I can start planning.
You can’t plan, as the wait times are so unpredictable. At the first hearing, you should receive a date for the final hearing, and then you will know. However, sometimes, the final hearing date gets changed. This is a minority of cases, but there is little certainty these days. Take care, Jason
Can u plz share ur newyork timeline
Hi Jason,
I just purchased a PO box in the city that I live inso that I dont lose any letter from uscis.
Which address should I provide uscis? The address that I have in PO box or the address where I physically live?
On the I-589, there is room for both. On the AR-11, I think there is room for only one. You can include your mailing address, but I would also recommend including a note (if you send it by mail or in-person) to make sure your physical address is updated, as they need to have that too (why the form does not accommodate a physical and a mailing address, I do not know). Take care, Jason
Happy new year Jason,
I have three questions need your advice for:
1-We applied 2015 and due to the reverse order LIFO we have not got any update from the office. Is there any way to expedite and what are the reasons we can do it ?
2- I applied under my wife name as she persecuted back there, can I really under my name with my case ?
3- if yes I can apply under my name, would I lose my wife case (do I have to close it ?)
Look forward to your response ?
Thank you
1 – You can try to expedite. The most common reasons are health problems or family separation. I wrote about that on March 30, 2017. 2 – You could make your own case, but the filing procedure is different (check the I-589 instructions – basically, you file with the local office) and your case will probably just be joined with hers, and so it is unlikely you would get an earlier interview based on your new filing. 3 – You do not have to close your wife’s case to do that, and it may not be easy to close her case as long as she remains in the US. You would have to contact the asylum office about that. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason,
I am a disabled student and asylum seeker. It has been 6 months since my asylum interview. I have been having severe pain. I was taken multiple times to the emergency by the ambulance. Due to the severity of pain, my surgery is rescheduled. Can I write to the asylum office to expedite my asylum decision as waiting and fear of persecution and uncertainty really are deteriorating further my health and graduate studies drastically?
THANK YOU
You can. It would be more helpful if you can include a letter from a doctor explaining that the stress of the case is making your condition worse, and maybe include a few key medical documents. Good luck, Jason
Hi Jason,
I will be sending you an email,please.
I have a pending I485 based on asylum since April 2017,
I received a notice for interview today,
They are asking to bring an updated I693 if mine had more than one year ,
Do I need the tuberculosis test and vaccines too?
Thank you
I mean do I need to renew the vaccine and tuberculosis test too?
Thank you.
I doubt it, but I do not know when those tests expire – you will have to go to the doctor and the doctor should know what tests you need. Take care, Jason
Hello Everybody,
Any idea where did the queue reach for EAD processing. I filed my EAD renewal on Oct/19th/2018 with Potomac office. Still no word on it!
Hi If you get receipt notice you can track it.you need to install case tracker on your phone and put that receipt notice in it you can found where your EAD is
Renewals are moving slowly – maybe 5 to 7 months, plus or minus. If you have the receipt for the new EAD, it automatically extends the old card by 180 days. Take care, Jason
Jason, thank you so much again for all your help to all of us, I can’t find enough of words to explain how grateful we are! Thank you so much!!!
Not long ago our family’s asylum case was transferred to court 🙁 and the reason is – overstaying visas… but how can someone apply for asylum and not overstay visa? I thought this should not be a concern for asylum; .. what are your thoughts on this Jason?
Do you have any ideas how long will we have to wait for master hearing in NYC?
Thank you so much Jason!!!
Hi Aslyee:
At the outset, I wish you get the best result in court, still you have chance, let’s have hope and I know it is even difficult to have hope nowadays.
Can you please how long was your visa overstay? Because I am in the same situation, please tell me how long was your visa overstay?
Thanks, wish you best of luck.
Sorry to hear this. All cases that are denied and where the visa is expired go to court, but having an expired visa is not the reason the case was denied. The “Referral Notice” should give a general (and not too helpful) explanation for why the case was not granted on the first page. As for NY, first, the courts have to reopen, and I am not feeling super optimistic about that this morning, given the President’s speech. Things change quickly, so hopefully, they will reopen soon. Once that happens, the wait time depends on the specific judge. Most cases these days take 1 or 2 years to complete, but some judges are faster and others are slower. Take care, Jason
Hi Jason,
My asylum case is pending a decision after interview. My interview took place at the end of August.
I was going thru the asylum quarterly stakeholder meeting’s statistics on the number of cases that
are being interviewed in a particular month and number of cases adjudicated ( Approved, Denied and
Referred) in the same month, and it looks like it almost balances out. Meaning, the number of cases
interviewed and the number of cases adjudicated are almost equal ( In some months they adjudicated
more cases than they interviewed and vice-versa). I did a study on the 33 months statistics and
I found out that cumulatively only 3 percent of the cases are pending a decision. It shall not imply
that 3 percent of the cases are waiting a decision for 33 months, but overall, they are only lagging
behind by 3 percent. While reading most of your posts and other online discussion forums, I hear a lot
of stories about asylum decision pending for many many months for most of the applicants and I am also on the same boat now. Is it true that only a very few unfortunate ones are falling in this decision limbo ?
I found out the following from my observation.
33 Months Statistics Observation :
Total Number of Cases Scheduled For Interview = 141520
Total Number of Cases Adjudicated ( Approved, Denied, Referred, Filing Deadline Referral) = 136,450
Total Number of Cases that should be Pending = (141,520 – 136,450) = 5070
Report Summary:
C.I = Cases Interviewed
C.A = Cases Adjudicated ( Approved, Denied, Referred, Filing Deadline Referrals)
C.C = Cases Completed ( Cases Adjudicated + Referred (Uninterviewed), Dismissed, Closed)
P.D = Pending Decision
Report Year Month C.I C.A C.C D.P
# 4 2015 July 2536 3000 3576 -464
August 2283 2778 3231 -495
September 2107 3002 3603 -895
# 5 2015 April 3109 3422 3897 -313
May 2627 2892 3285 -265
June 2769 2914 3347 -145
# 6 2014 October ]2407 2257 2758 150
November 2174 2143 2504 31
December 2724 2607 2924 117
# 7 2015 January 2926 2677 3093 249
February 2787 2894 3347 -107
March 3108 3793 4287 -685
# 8 2017 January 2821 2273 2861 548
February 2938 2873 3554 65
March 4017 3546 4621 471
# 9 2017 April 4437 3928 4763 509
May 4527 4199 4859 328
June 5681 4884 5887 797
# 10 2017 July 4483 3934 4997 549
August 6705 5336 6396 1369
September 4217 4255 5459 -38
# 11 2017 October 5077 4182 4967 895
November 5406 4375 5357 1031
December 4750 4369 5429 381
# 12 2018 January 5608 4840 6150 768
February 5190 4889 6020 301
March 5567 5048 6518 519
# 13 2018 April 6090 5750 7005 340
May 7051 6696 7969 355
June 5825 6338 7893 -513
# 14 2018 July 6488 5884 7120 604
August 7284 7259 8633 25
September 5801 7213 8942 -1412
Total C.I=141,520 C.A.=136,450 C.C= 165,252 P.D=5070
Could you please shed some light on this ?
Sorry I tried so hard to align the text, but somehow it manages to get misaligned….
This is very interesting – Thank you for sharing it. Your theory (that it looks like only 3% of cases do not get decisions) makes sense, but it does not really comport with the anecdotal experiences of many people, including me. One possibility is that the majority of cases are for Spanish-speaking people, who tend to have fewer security-related delays, and who are also probably under-represented on this forum (since most do not speak English). Most of my own cases are from the Middle East, Asia, and Africa, not from Spanish countries, and so my own experience is with people who tend to have longer delays. Finally, it may be that the decisions being made are lagging behind the interviews, and so maybe many of the decisions are from old cases. Overall, though, your theory makes sense to me, and so I am not sure why reality (for me at least) is not complying and giving more decisions. Take care, Jason
[…] The Irony and the Agony of a Government Shutdown (The Asylumist, Jan. 2019) [text] […]
Dear Jason
As many who came to this land of brave in seeking of protection and pursuit dreams, I am indebted for your goodness and the assistance stretched to helping us out ardently.
I recently gave my fingerprint like sometime last week and today my lawyer got a letter that notifies my interview date scheduled for 24th of January 2019 in Arlington center, very unprecedented; nevertheless on the same day and time my lawyer got another Client’s interview and on top of that I still haven’t finished to wrap up final draft of my declaration and of collectmuch of intended affidavits; so with the earlier reason of schedule clash primarily, my lawyer is going to claim for rescheduling my interview date; thus, I kindly request your take on what’s gonna be the demerit of asking the office to set up another interview date.
Thanks so much
You can ask to reschedule, and it should delay the case by only a few weeks (though the office is such a mess, you never know). That should have no effect on the outcome of the case. Take care, Jason
Thank you, Jason, for your prompt response.
I was wondering to know how the clock stop counting when someone ask to reschedule. In what way is that going to affect me and how long you think does it take to start counting again from your past experiences?
Thanks a million!
Assuming everything works as it should (and it does not always), the clock stops when you ask to reschedule and re-starts when you actually attend the rescheduled interview. Maybe at the interview, if you are comfortable, you can ask the officer if the clock has re-started. Or when you are there, you can ask the clerk who checks you in. Take care, Jason
Hi Jason ,
I have included my husband in my asylum case and have been waiting for more than 3 years. Still not been interviewed yet. And now my husband has his own claim, can he apply asylum by himself and included me in his case? Becaus USCIS has changed interview to last in, first out. So my case should be backed up for a longtime. And my case is not strong as his. Thank you
He can apply, but the procedure is different for a dependent who then files his own case (basically, he files at the local office, not the service center – see the I-589 instructions). Most likely, his case will be attached to yours and he will not benefit from LIFO (though you never know, as there is no real guidance about this). Take care, Jason
I received my receipt for my I 589 from asylum office and they said they acknowledge it on October 10th 2018 and I did my finger prints on the same October. When can I apply for work permit?I learnt it takes like 5 months. Please advise me when i can apply for it because i dont want to make mistake
On the receipt, it states when the application was received. You can apply 150 days after that date, using form I-765, available at http://www.uscis.gov. Do not apply earlier than that, or it will be probably be rejected. If you happen to have an interview and get a “recommended approval,” you can apply as soon as you receive that. Take care, Jason
It looks like we are in the same boat, Susan. Acknowledged on 10/10/2018 and fingerprints a week after but still no interview. Which office are you in?
Jason, I wonder if LIFO is working or it is a game of chance? If we are pending over 21 days, is there any information/communication from USCIS on whether we fall into Priority 3 or “the backlog.” If so, is priority 3 processed using LIFO or more randomized approach?
LIFO is working, and as far as I can see, the 21-day period is not relevant. However, most asylum offices are receiving more cases than they are interviewing (there are exceptions – I wrote about that on December 4, 2018) and so only some cases are being interviewed. Others fall into the backlog. It seems to me that most of our cases that receive interviews get the notice about 2 or 3 months after the case is filed. In your case, my guess is that you are in the backlog, but you might still get an interview notice. Also, under LIFO, some offices seem to be interviewing backlog cases from newest to oldest; others (including Virginia) are working through the backlog from oldest to newest. Finally, you can try to expedite if you have a reason – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Thanks a lot for your response. What are your thoughts on Newark Asylum Office’s “short notice list”? The option to waive the normal notice period and appear when requested by phone. Have you had any clients or experience with this? Do they give a reasonable timeframe e.g. at least a day?
I wonder if it is better as those who apply under LIFO have submitted everything and are waiting for an interview. Instead of waiting for years.
I have not had experience with it. If the evidence is all submitted, then it seems like a fine idea. If you cannot get the evidence before the interview, it may be a problem. I do not know the rules in Newark for submitting evidence – If I remember correctly, you can submit it on the same day, but I am not sure, and some offices want evidence at least a week before the interview. Maybe submit all the evidence so the case is complete before you put your name on the short notice list, and also bring a copy of the evidence that day, in case they have lost what you submitted before (the asylum offices tend to lose many of the things that are submitted to them). Take care, Jason
Dear Mr Jason government shutdowns effect for who are waiting for final decision headquarters office ?
It should not affect the Asylum Division headquarters. Take care, Jason
Hi jason, i have changed my address online a month ago from now. How could i check if it has been changed ? Now i have filed ead renewal and put my physical address is the new address. Is there goybe any problem? My mailing address is same as previous.
You should have received an acknowledgement when you made the change. I suppose you can try to contact the asylum office about this if you want to try to double check. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). As for the EAD renewal, you should be fine. In general, you should have the same physical address for all your cases (I-589, I-765, etc.); I guest there is no problem to use different mailing addresses for the different cases if you want to do that. Take care, Jason
Can an assylum seeker apply for E2 Visa without leaving usa,
(Providing the person is eligible for E2 visa.)
Thanks
The person can apply for an E2 visa. The question is whether he or she can get the E2 visa status without leaving the US. For most people whose only status is asylum pending, they have to leave to get a new status, but there are exceptions. I wrote about this in the context of an employment based green card on August 28, 2018, but the situation would be similar (though not the same) for an E2 visa – talk to a lawyer about the specifics of the case to be sure. Take care, Jason
The Biggest and Most Ridiculous Irony of the situation that, in fact, the Judicial branch of Power is almost paralyzed what means that the famous “checks and balances” system is actually broken, as the Judicial branch is not able to resist the Executive branch in the face of the stable imbecile who has entered into an insoluble contradiction with the Legislative branch. If it’s NOT a collapse, what is that, after all?
The immigration courts are closed (except for detained cases), but they are part of the executive branch (they are part of the Justice Department, which ultimately is under the authority of the President). The judicial branch – the federal courts – are still operating. Take care, Jason
Hi Jason !
Let’s hope the shutdown is gonna end this week. Let’s say is did., and my question is: is this goona effect cases scheduled for March ?!!!
Appreciate your help
If the shutdown ends before your case in March, your case should be unaffected. Those cases that are canceled will be postponed to other dates, but they will probably not bump already-scheduled cases. Take care, Jason
Hello Jason,
Happy new year. Hope the shutdown won’t affects court cases that are scheduled for April
Thanks
Happy New Year to you also. Hopefully, it will be resolved long before then. Hopefully. Take care, Jason
Jason for once I have found on this site answers to most of my worries and concerns
I applied in New York
Having said that , I was in an interview without my attorney coz of nonchalant attitude
After my interview I was referred to an immigration judge.
Reasons been that I did not show future prove that I will be persecuted when I returned to my home country.
I have two daughters that were citizens the first when I cane in in 2014 and the last 3 months ago.
I need to know what and what I need to prepare for .
I asked for referral from you for attorney, you helped with a link which as been helpful
The new attorney said my case wasn’t properly presented
That we will applied new asylum before an immigration judge. Is it possible?
Please after the master calendar hearing how long does it takes for individual hearings ?
Emotionally am down for the first time in my life
You can present the case any way you (or your lawyer) want in court. However, if there are changes or inconsistencies from the first case at the asylum office, you need to explain why. Depending on the quality of the work done, we sometimes present a new I-589, and we almost always re-do the affidavit and resubmit all the evidence in court. As for the time frame, that varies by judge, so there is no way for me to say. Most cases these days are resolved in a year or two, but it could be less or more, depending on the judge. Take care, Jason
Hi Jason,
Ih has been4 month- no interview decision yet. I have applied for EAD renewal and received the approval letter. However, I am going to a different address but same city. But I’m afraid my friends will lose the paper from uscis if i dont change my address. Do you think I should wait for the decision and ead to arrive or would my ead and decision get delayed if I change my address to my current one? What do you think would be a better option?
Please Jason I need some help here. I don’t know what to do.
If you move, you should change the address, especially if the old address is not safe. You can do that online using form AR-11, available at http://www.uscis.gov. You should change the address for both the I-765 and the asylum form, I-589. Take care, Jason
Hi Jason,
Should I specify it is for ead and asylum case? Can I just change it online could you please confirm?
I think you need to do two changes – one where you specify form I-765 and the other where you specify form I-589. Take care, Jason
Jason:
Thank you for all of your help and insight, but no way that ladder is $79.
Much love and appreciation,
Alberto.
My neighbor gave me a free ladder, so my ladder pricing abilities are weak. Maybe I owe him a thank-you gift…
Is that means my EAD renewal would be wait ?i applied for my renewal but when my card is at the post office the man never check my new address and send it back to uscis .i made a resend request since 26 days but they don’t post it for now.
And if I get it what time could I expect to be scheduled for interview ?
When cards get lost in the mail, it is difficult to resolve. You can call USCIS about this – the phone number can be found at http://www.uscis.gov. As for the interview, if your case is in the backlog, no one can really tell you. I wrote a post related to this issue on December 4, 2018. Take care, Jason
Hi Jason,no my EAD wasn’t lost but the post office made error to send them back .i went to the post office they said it was their error and when i tracked my EAD ,uscis received it. I request to resend it and they replied to me that they will s’entend it back soon but today is 27 days they don’t send it back yet.
If USCIS re-sends something, maybe it takes a month or two. You can check the progress of the case at http://www.uscis.gov using the receipt number. I think it will tell you if they are mailing the card again. Also, you can try to call USCIS and ask about this. Take care, Jason
Hi Jason I was applied in New York but when I move to Kentucky I give my case to lawyer and he transfer my case to Chicago .I want to know if Chicago office is in LIFO too like the others state ?because I was applied in July 2016 in New York
As far as I know, Chicago is following LIFO. Take care, Jason
Hi Jason,
I was wondering , i was about to send my renewal of EAD which is expiring in April this year, my question is, are they open for EAD renewals? or what is the best time to send my renewal form to them?
Thank you.
If this helps, I applied for my EAD renewal end of last month, and the check has been deposited by uscis so I am assuming that they are working normally.
All the best.
Thank you Tina for your response. You may also check your EAD status by loggin in to uscis case status check website. I hope this helps 🙂
EAD renewals are moving slowly, but that is nothing to do with the shutdown, which has no effect on EAD cases. You can send a renewal up to 180 days before the old card expires. Take care, Jason
Thanks Jason. God bless you. Ameen.
Thanks for this information.
Is the shutdown effect the process of my renewal EAD and the process for asylum interviews?
It should not affect either of these applications. Take care, Jason
True ! I actually received my receipt today.
Hopefully, this will be my last EAD as pending asylum☹ It’s been 3 years of uncertainty.