Last month, the Asylum Division released the most recent data about the affirmative asylum backlog. The short story is that the nationwide backlog continues to grow, albeit quite slowly. Also, the growth is not evenly distributed among the various Asylum Offices–some are seeing their backlogs get larger; others are seeing their backlogs shrink. Here, we’ll take a closer look at what is happening in terms of the backlog, and also review some of the (surprising) answers that the Asylum Division gave to questions posed at the quarterly stakeholders meeting.
First, some numbers. In February 2019, the nationwide backlog was 326,767 cases; in March, it was 327,984, meaning that the backlog grew at a rate of less than 0.4%, which is pretty insignificant. However, when we break down the growth rate by Asylum Office, we see a different picture. Some offices had growing backlogs: Arlington (+1.5%), Boston (+0.2%), Houston (+1.8%), Miami (+0.8%), New York (+0.2%), New Orleans (+4.1%), and San Francisco (+0.5%). Other offices had shrinking backlogs: Chicago (-0.2%), Los Angeles (-1.3%), and Newark (-1.9%).
What these numbers mean for asylum seekers is not entirely clear. For people in the backlog, only three offices seem to be making any headway at all, and so if your case is stuck in Chicago, LA or Newark, there is at least some hope that you will eventually receive an interview. Backlogged applicants in the other offices are unlikely to receive an interview any time soon, unless they can expedite their case.
For new applicants, my suspicion is that offices with shrinking backlogs are more likely to interview newly-filed cases. For example, most of our cases are filed in three offices: Arlington, Chicago, and Newark. Arlington has a growing backlog, and our experience there is that a minority of our newly filed (LIFO) cases receive interviews. In Chicago and Newark, which both have shrinking backlogs, our newly-filed cases all seem to receive interviews.
So if you plan to file for asylum, and want to maximize the chance for a fast interview, are you better off filing in Chicago, LA or Newark? Maybe. But one issue is that USCIS moves resources from office to office, and so a fast office today might be a slow office tomorrow. An example of this is Los Angeles. For years, LA was the office with the largest asylum backlog. Then, at some point, headquarters sent some help (or made some sort of change), and now LA is one of the “fast” offices. At the Asylum Division Quarterly Stakeholder meeting last month, we asked about the inequitable delays, and the leadership told us that in summer, they re-evaluate how resources are distributed. So maybe there will be changes in the coming months, and this could affect how the local offices process their cases.
What about grant rates at the different offices? There are different ways to calculate grant rates, and so to some degree, whether a particular asylum office is “easy” depends on how you crunch the numbers. I prefer to factor out “no shows” for obvious reasons. I also factor out one-year bar cases, which is arguably a bad idea, and cases referred without an interview. In other words, I want to know the grant rate for cases filed on time, where the person shows up for his interview. Using that method, the overall grant rate for the U.S. for March 2019 (the most recent month available) is 47.7% (had I not factored out the cases I don’t like, the grant rate would be much lower: 27.5%). Looking at grant rates for each office, we have: Arlington (44.0%), Boston (37.8%), Chicago (55.6%), Houston (44.7%), Los Angeles (68.3%), Miami (25.5%), Newark (43.1%), New York (23.7%), New Orleans (68.3%), and San Francisco (69.3%).
While I think there is some value to these numbers, it is important to remember that different offices serve different populations, and some populations are more likely to be denied than others. For example, though many Central American asylum seekers face severe danger, they often have a hard time winning asylum because the harm they typically face does not easily fit within a protected category under the asylum statute. For this reason, an office with many Central American cases might have a lower grant rate than an office that serves a different population. Put another way, a strong case is likely to win regardless of the office where you file. Even so, when you have such a wide range of approval rates, it’s hard to argue that a person is not better off filing in LA, San Francisco or New Orleans, as opposed to Miami or New York.
So that’s more-or-less where we are in terms of the backlog and asylum grant rates, but there is other news from the Asylum Division as well, including about the LIFO system itself. Here, the Asylum Division is claiming a win: “Since the adoption of the LIFO scheduling policy, the Asylum Division has seen an approximately 30% decrease in receipts [i.e., newly-filed asylum cases].” The theory being that frivolous asylum seekers, who just want a work permit, are deterred from filing by the LIFO system. I don’t doubt that the number of asylum seekers has dropped since January 2018, when LIFO went into effect, but I am not convinced that LIFO gets credit (or blame) for this. There could be many reasons for the down turn, including normal fluctuations in applications, the hostile environment for asylum seekers, greater difficulty in obtaining a U.S. visa, etc. However, given that the Asylum Division views LIFO as contributing to a reduction in applications, I would not expect a change in that policy any time soon.
Also at the Stakeholders meeting, the Asylum Division informed us that, between October 2018 and March 2019, “approximately 70 percent of asylum office final decisions were made within two weeks of the completed interview.” I’m a bit more skeptical about this claim. At least I do not see it for my clients, who usually wait months (at least) for a decision. Admittedly, most of my clients are not typical asylum seekers, who come from Latin America and China, and that may skew my perspective (many of my clients come from Muslim countries, which seem to require longer background checks).
One final point: There have been rumors that the Asylum Division is terminating asylum grants for people from Ethiopia due to improved country conditions. In response to a question on this point, the Asylum Division states–
The Asylum Division initiates termination review when we receive person specific evidence that an individual asylee may be subject to termination of asylum status for any of the applicable grounds under 8 C.F.R. § 208.24. We have not issued any policy memos/directives/other information regarding the termination of asylum status based on the individual no longer having a well-founded fear of persecution due to changed country conditions in the individual’s country of nationality or last habitual residence.
In other words, there is no blanket policy to terminate asylum for Ethiopians. Whether this means that Ethiopian asylees are safe, I am not sure, but at least there is no general policy to terminate asylum in such cases.
So that’s the latest from the Asylum Division. If the recent agreement with Mexico blocks applicants from coming here, we might see resources moving from the border to the backlog, which could cause things to speed up. Only time will tell, and if there is news at the next Quarterly Meeting, I will try to post it here.
Hi Jason. I was granted asylum last year and after a full year, I applied for Adjustment of Status (AOS). I mailed my application and made sure to include absolutely every piece of evidence, document they needed.
However, after coming back from the post office I realized I missed one page from my I-485. It’s an additional page with the last 2 places of employment (you know, since USCIS asks for the last 5 years of employment history). It’s worth noting I did include those last 2 places of employment in my original asylum application, which I’m sure they will review.
Question is: Should I contact USCIS and preemptively try to send that one last page or should I wait for a Request for Evidence (RFE)? I just don’t want that to be a deterrent in getting my adjustment processed in due time. Thank you in advance!
You really can’t do much until you get the receipt. It is possible that they will return the whole packet, since a page of the form is missing. If that happens, you can re-send the whole thing. If they send you a receipt, you can make a copy of the receipt, and send it to them with a cover letter explaining the missing page, and including that page. Take care, Jason
Hi Jason. Thank you for your response. Yes, indeed I received a Notice of Receipt confirming they accepted my application. I also received another notice saying they’d use my fingerprints on file to do the background check so there’s no need for me to show up at a center to have my fingerprints taken.
At this point I will follow your advice: I will make a copy of the Receipt and I’ll attach a cover letter saying that I inadvertently omitted that page. Do you think it’s worth giving them a call and try to connect with somebody at USCIS to see if they’d advise on a better way to get this page to them? Has this happened to you before?
There is no harm in trying to call (except for the annoyance of trying to reach a human being). I have not dealt exactly with this issue before, but I think send it (and keeping a copy for yourself) is a reasonable approach. It should not hurt and it may help. Take care, Jason
Hello Jose. Do you mind sharing your wait time if your GC was already approved?
Hi Jason. When I filed my Asylum Case my wife was not included, she was not in the USA. For life circumstances, she and my little child cross illegally the border, they are in removal proceedings but they were released and know with me. My question is if I am able to add them to my I589 USCIS while they are on removal proceedings? Thanks in Advance
As far as I know, if they are in removal proceedings and you are not in removal proceedings, you cannot add them to your case. However, if your case is granted, you can file an I-730 for each of them so they can get asylum too (and close their court case). The problem is that their court case may go faster than your asylum case. They may need to apply for their own asylum, if they have a claim. Also, you can try to expedite your own case – I wrote about that on March 30, 2017. I think you should talk to a lawyer to see the best approach and make sure I am not wrong about adding them to your affirmative case (maybe there is some way to convince the court to terminate proceedings so they can join your case). Take care, Jason
Hi Jason,
I have pending asylum case and also student status. school asked me to renew my passport and they said it is law that students in the US must have valid passport for at least 6 months during their study inside US. I have renewed my passport, but my country does not have embassy in the US and we need to send documents with post to the embassy of third country to renew it. we do not need to go to embasssy for purpose of renewal. in my asylum statement I said that I feard from government. do you think this would be a big issue during the interview and the AO rejects my claim?
thanks
We have seen this before, and it is generally not an issue. However, they certainly can ask you about it (if the government wants to persecute you, why would it renew your passport?). Be prepared to explain why you renewed your passport (you needed it for school – maybe get something in writing about that) and how you were able to renew it (maybe the government officials who would harm you are not communicating with the passport office?). Take care, Jason
Hi all,
I would like to share the timeline for our case.
May 18th 2015 application received.
October 22nd 2017 interview.
Jun 18th 2019 asylum granted indefinitely.
Total time is 4 years and 1 month even.
To all people who’s waiting!
We know it’s tough to be in such situation, uncertainty, you don’t feel yourself a legit human/legal human, and most important is separation with family.
But don’t give up! Wait whatever it takes because it’s worth it!
Last month we were desperate not knowing what’s going on with out case, etc. We always come to USCIS to check the case status and they always say- “wait”! This was the worst thing to hear!
But as I said, wait! Who waits long enough that gets everything.
Good luck!
Thank you for sharing, and (finally) Welcome to the USA! Jason
.
Hi jason
I have a pending asylum since January 2016 in Virginia Arlington office with three times expedition no result-
Now im totally lost what should i do because of fear of persecution i cant go back my country !!!
Please tell me any appox time when will i be getting my interview!!!
Give me at least timeline for Virginia please
I sacrificed my time!
There is no timeline, and even the people at the asylum office do not know when a 2016 case would be interviewed. If you have a new reason to expedite, you can try again. Otherwise, maybe you could try a mandamus lawsuit, though I do not that this would work to get a faster interview. Talk to a lawyer about that option if you want to try. Take care, Jason
On February 2019, my case has been referred to the Immigration Court by U.S. Citizenship and Immigration Services (USCIS), the court already have a copy of my asylum application and supporting materials on file.
Now I have got an expedited individual hearing scheduled next week. The situation in the country is keeping changing, do I need to submit additional documents and when? It looks there is a dead line to submit documents, can I get with me some of those documents during the hearing date ?
Thanks,
Unless the judge makes a different rule, documents must be submitted 15 days before the final court date. However, for country condition evidence, they will usually accept it, even if it is late. So if you have new evidence, you should submit it as soon as possible. Hopefully, you have a lawyer. If not, it may be difficult to find one at this late date. However, at least if you could talk to a lawyer to go over your case, that might help. Good luck, Jason
Thanks Jason, yes I have my lawyer with me. He is doing a great job. I share you the idea as I couldn’t contact him these time. And all the entire documents were submitted ahead, except the updated country conditions and new happenings to my family back home.
Thanks
Hi Jason,
Thank you for all your help. I have a quick question for you.
I filed for asylum Jan 2016 in Arlington. If one decides to move from Virginia to Baltimore, would that move affect one’s asylum case? I am not sure when I would be called for an interview. However, I wouldn’t want to jeopardize my chances if my interview date is coming up soon.
Thank you for your help.
Unfortunately, unless you can expedite the case, it is unlikely you will be called for an interview any time soon. That said, a move from VA to MD should have no effect, as the case is still at the same asylum office. You can do the change of address online using form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi Jason,my individual hearing was scheduled for October this year at Arlington immigration court but then it got extended to 2021,please can I expedite the case because I’ve been here since 2015 and I’m already frustrated about it.I Don’t understand why they postponed the case two years more
This is happening a lot – it happened to my client who was supposed to have a final hearing this Friday (apparently, the judge will be out that day – that is the explanation). You can ask to expedite the case if you want – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason,
I have been waiting for the outcome of my I-730 petition for more than 15 month. I am currently in the US with a valid US VISA as the beneficiary of petition. While my I-730 pending, can I independently apply for asylum?
What about 1 year bar?
I think you can apply for asylum, and you could overcome the one-year bar by showing that you are still “in status” (or if you are not in status, you can argue that the pending application (I-730) is an exception to the bar – that might work). You might be better off trying to get USCIS to decide the I-730, and given the processing time, you should get a decision soon. You can call USCIS to inquire about the I-730 – you can find the phone number at http://www.uscis.gov. You can also contact the USCIS Ombudsman – a link is at right. They can sometimes help with a delayed case. If that does not help, you might try a mandamus lawsuit – talk to a lawyer about that (and we have written something here about mandamus, in a different context, on October 2, 2018). Take care, Jason
Hi Jason,I was due for an individual hearing in Arlington this October but then my cases got postponed to 2021 and I don’t know what happened.Please how can I expedite the case because I’ve become frustrated
Hi Jason,
Thank you in advance for your kind reply!
I have a quick question.
I have an asylum case pending but I am in OPT status. If I apply for asylum based work permit, will that automatically cancel my OPT based work permit? And if I apply and get it, and not actually use it in practice, will I still keep my OPT status?
Thank you very much! 🙂
We have not seen OPT canceled when a person applies for an asylum-based work permit, but it is not exactly clear how USCIS will treat such cases. If you want to be safe, you can wait and apply for the work permit when your OPT period is ending. These days, an initial asylum-based work permit takes about 1 or 2 months. The problem for you is that if this time period changes (and it does sometimes change), it could take longer, and then you might end up with a gap between the end of OPT and the start of the new work permit. In practice, this will only matter if you are planning to change to another status at the end of OPT – if you go out of status, that option will probably be blocked. But if you do not have an option to change to another status (H1b, for example), then there is no harm in going out of status (and again, I do not think you will go out of status if you get the asylum-based work permit, but since it is not clear, that is a risk). Take care, Jason
Can I follow up on this question ? So I am applying for affirmative asylum, but I am on OPT status. If at the end of my OPT, I switch to C8 EAD and later, I find an employer willing to sponsor H1B, can I go adjust my work authorization from C8 to H1B ?
If you are still in valid status based on the F-1 or OPT, you can switch to H1b. Otherwise, you would probably need to leave the US to change to an H1b, and that may or may not be possible. I did a post on August 28, 2018 that may help, though it is not exactly on point. Also, you could talk to a lawyer about the specifics of the case in order to better know your options. Take care, Jason
Thanks Jason.
May I follow up on this ? as I understand, people who maintain legal status should be able to do COS for H1B. Is I-589 pending not considered one ? Any input is appreciated !
In general, the pending I-589 is not considered a status for purposes of changing to H1b. There may be an exception to this rule, but I am not sure whether that is only for employment-based GCs or whether it applies to H1b. You would have to have a lawyer look into that for you – also I wrote something about this exception on August 28, 2018. Take care, Jason
Hi Jason
I have a pending since January 2016 with three time expedition no result
So planning to move canada?
Im checking if u have any recent records that if USCIS work on backlog case!!!!
Or what will heppen to our case??
Suppose if they started working on backlog? Based on ur experience when will January 2016 will receive interview?
Please highlight these issues
Which state Negin ?
The article above has a link to the most recent data from the Asylum Division, and the answer to your question (to the extent anyone can answer) would depend on which office your case is in. If it is an office where the backlog is shrinking, maybe there is hope to get an interview at some point. But if it is in an office where the backlog is growing, it is unlikely you will get an interview unless something changes. If you do decide to go to Canada, talk to a lawyer there before you go, to make sure it is possible and that you do not run into trouble. Take care, Jason
Hi jason
My case is with in Virginia???
Sorry, I do not understand your question, Jason
.
I also wanted to move to Canada as my asylum is pending since 2017 . Can u tell me the way of moving to Canada ?
I highly recommend you talk to a lawyer in Canada before you try to go there, as there are restrictions on people going from the US to Canada to seek asylum. Make sure you can do it before you try, as you risk being detained and returned to the US. Take care, Jason
Hi Jason,
We received our Green Card and I am the primary applicant. I have my category listed as ‘AS6’ where as my wife has her category listed as ‘ASY’. However, when I check online in DHS website for ‘Immigrant Classes of Admission’ it does not have the ‘ASY’ category. Should we be worried? I see that the online material is published on 2017 Aug. Did they include that category after that date?
Here is the link to the website I am talking about:
https://www.dhs.gov/immigration-statistics/lawful-permanent-residents/ImmigrantCOA
Thanks.
hi Sam,
congratulations !
would you mind sharing your time line
Applied Asylum 2013 Aug.
Called for interview on 2017 Aug.
Approved asylum after receiving recommended approval in about two months.
Filed i485 on 2018 Aug.
I485 approved and received Green Card on 2019 June.
I am not sure about that, and I do not think I have seen a category ASY green card. That said, I would not worry about it. The GC is issued and she has it, and it is not always possible to know their categories and sub-categories. If you want to try, you can call USCIS (the number is on the http://www.uscis.gov website) and see if you can ask a customer service rep to check it. Take care, Jason
Hi Sam
Congratulations. Would you mind sharing your timeline. I’m at the point of applying mine this Aug. Did you request for a fee waiver, how long did yours take.
Thanks
Applied Asylum 2013 Aug.
Called for interview on 2017 Aug.
Approved asylum after receiving recommended approval in about two months.
Filed i485 on 2018 Aug.
I485 approved and received Green Card on 2019 June.
(Asylum applied fro California. I485 applied from Texas. We moved to Texas once the Asylum was approved)
We did not really apply for fee waiver for any of our EADs and Green Card.
Thanks.
Hi
Hi Jason,
May God bless you for all your kind help!!!
I have the following question.
I have an asylum case pending and about to apply for work permit. Will this work permit be restricted in any way? Can I start my own business with this permit in case I can’t get a traditional job?
Thanks in advance! 🙂
You can work anywhere that will hire you, and you can also start your own business. Some federal or state jobs may be off limits, or jobs that require security clearance, but otherwise, you are good to go. Take care, Jason
Good afternoon Jason, first I want to express my gratitude for the never ending support that you give us here.You are a light in the darkness for most of us. Thank you!
I was referred to court, and my work permit is due for renewal. Which documents can I attach to the application now that my asylum application is no longer with the USCIS? Is the Notice of Hearing sufficient ?
Thank you.
Notice of the next hearing, copy of the old card (front and back), copy of the Notice to Appear, fees, and two passport photos. Also, if you were ever arrested for any reason, you have to submit evidence about that (check the I-765 instructions). Finally, sometimes other evidence might be require – check the instructions to be sure. Take care, Jason
Thank you Jason.
Good Afternoon Jason.
Thanks for your help by providing asylum seekers with the right information. My asylum case was granted by an immigration judge early this month. My EAD expires the 11th of November 2019. My financial situation doesn’t allow me to pay a lawyer to renew it for me. How can i do it myself? When can i apply for it? Is it form I-766 or I-765? Should this be renewal or applying for first time. I know that the category should be A05. Thanks for your support and good luck to all of the asylum seekers.
Your first a-05 category EAD is free. You should Google “Post Order Instructions in Immigration Court” and you will find a PDF with info about how to proceed. Basically, you need to make an Info Pass appointment, and USCIS will process the approval and should issue the EAD card. It can be difficult to get an appointment and I think you will need to call USCIS and let them make the appointment for you. If none of that works, I guess you can try filing the I-765 form, but the better approach is to make the appointment. Congrats on the asylum grant! Take care, Jason
Thanks Jason
Hello Jason
I called uscis today to ask about the expedition request..I told them the reason is family separation and I have two minor kids waiting in the home country
The lady on the phone told me that my reason doesn’t fall into the expedition catogary…
What to do now…waiting since August 2016
Applied at the newark office
Is this for an asylum case? We have requested expedition based on family separation, and sometimes it works. Maybe get a psychological report about the separation is making you depressed, anxious, etc., and how it is affecting your health. This may be a basis to expedite, since resolving the case would improve your health. Take care, Jason
Hi, Jason
I have a question
what does the advisory about filling asylum applications that the Immigration Jude read at the master hearing mean?
thank you
I forget, but it is basically standard language about being required to appear in court, etc., etc. I don’t think it’s anything too exciting, but if you need that info, you can ask the judge or DHS attorney about it at the Master Calendar Hearing. Take care, Jason
Dear Sir Jason,
Thanks for all you do.Please do you have any idea if the San Francisco office still does LIFO?I did biometrics one month ago and no letter yet for interview.Thanks in advance for your help
Hi
My husband in a same situation he applied in San Francisco on April 2019 no interview yet .
What month did you apply?
I do not have much info about that – basically only what is above and the data in the links included above. Based on that, I would guess that not all LIFO cases are interviewed at SF, and so maybe yours was not interviewed. If that is the case, the only real option is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason
I got expedited interview granted by asylum office but they told me in the letter that they ll schedule interview as resource allow them How long can this take to get interview date.
Kindly
Hassan
Hi
I did the same last year on April 2018
Then get approved
Then no thing
After new year i sent them same letter
And the replay with my interview for Feb 5 of 2019
I did my interview on chicago office and no decision yet
It can take a while. If they do not respond in maybe 60 days, send them an email and ask about the interview – you can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
That was in April 2019
Hello Asylumist community,
I have some great news to share here. I yesterday received my final approval notice from USCIS
Applied: April 2016 (Newark Asylum office)
Interview: April 2019 (expedited) Newark office
Recommended Approval: May 9, 2019
Final Approval: June 11, 2019
I’m an avid reader of this blog and totally relate to everyone going through or gone through asylum process.
I would strongly recommend to expedite your interview if you are stuck in backlog.
Thank y’all and good luck 😊
Finally I can move on and work on my American Dream (if it’s still alive)
Thank you for sharing, and best of luck in the USA! Despite it all, the American Dream is still alive. Take care, Jason
What was your reason for expedite?
Hi Jason!
If you remeber 3 months ago i was telling you about my experience in court. When judge didn’t give me an answer and she said she need to review one more time the case. In July i have the court again to take my decision. I was wondering if you can help me with my options. If she says YES wich is the best thing that can happen to me i just have to wait and apply for RTD. But the wors scenario is If she says NO. What should i do next, what’s my options. Please Jason is you can advise me. I really appreciate your help and time.
If asylum is denied in court, you can appeal. Whether the appeal is strong or weak depends on the judge’s decision. You are allowed to remain here until the appeal is done, and you can renew your EAD the entire time of the appeal. How long the appeal takes is difficult to say – maybe 6 months to 2 years. If you lose the appeal, you can go to federal court, but it is often not worthwhile to do that, and being in federal court does not necessarily block your deportation. Good luck, Jason
Thank you Jason.
Can i get married with a us citizen if the asylum is denied and no to do an appeal or no?
In many cases that is possible – you should talk to a lawyer about the specifics to be sure. I also wrote a piece about that on August 2, 2018. Take care, Jason
Hi Jason,
I submitted an outside the normal processing time ticket. The response says that I should hear something within 60 days. How valid is this 60 days time frame? Anyone has an experience with it? Who is writing these response to tickets? A computer or an AO?
I think it is not impossible that they will respond in 60 days or less, but I also think it is possible that they will not. There is nothing you can do about that, though, except wait and see. If there is no response, inquire again and remind them that they said they would get back to you in 60 days, but they did not (and be polite when you do that, even though it is difficult). Take care, Jason
Hi Dear Jason,
I have qustian today! I Got RFE from USCIS that said they need more evidance on my court background check that it was a negligent driving and the type was violation and My totall fine was 600 dollar and I paid 250 dollar and rest of it depand to my one year good driving and which was happen 5 years ago, do you think I will reject or denied of my GC for this violatian ticket?
I doubt you will be rejected for the GC unless you do not respond to the RFE with the evidence they need. Otherwise, I doubt this would block you. Take care, Jason
Hi jason. Thank you so much for all your priceless posts and information. May god bless you. I need your help. I have applied for an expediting request three months ago snd heard nothing back. I went to ask and they said it is denied and i have been put on the short list. I have few questions i need your help with. 1) Is it s good thing to be put on the short list. I mean i can put hope on this or it is worthless knowing that i know it is pretty long as it has 2500 cases already ???? 2) if my regular turn in the queue according to my filing date comes before my short list turn, will i get my interview or being in the short list cancel my regular turn ???? 3) Is it right that being on the short list is not good because they may call you today for an interview tomorrow so not leaving enough time for you to prepare yourself for the interview ?????4) what do you recommend for me to be ready like start translating papers doing rehearsals for the interview or that is to early. My case was filed july 2017 newark office.
1 – It may help, and it won’t hurt, so being on the short list is a good thing if you want a faster interview. Make sure all your evidence is submitted, as you may get an interview with very little notice, and so you should submit all your evidence now so you are ready if that happens. 2 – Whichever comes first, that is what you will get. 3 – Usually you have a few days notice. 4 – Make sure all your evidence if complete and submitted, including all translations. Take care, Jason
Hi Asylum S
You applied in July 2017 at Newark office and you havent yet got interviewed? I heard half a year a go that people that applied in September at Newark office were getting interviewed. I believe you will get interview pretty soon. Do you have any information where they are in the backlog?
Good news from Chicago!
I and my friend applied in December 2016, and asked a short list in May 2018, recently they scheduled an interview for us. Another applicant who applied November 2016 scheduled interview in August 2019 without shortlist. The Chicago office is working very good on backlogs it seems.
Bravo, Chicago!
You deserve so many thanks and appreciations JASON for your support!
Good luck, for all of us!
Good luck, Jason
Hello Jason, I hope you are doing well
If I applied in February 2015 in Los Angeles, where I currently live. If I moved to Texas, will my case still be in the backlog, or is there a chance it might be bumped up because of the LIFO policy?
Thank you
I do not know, and once in a while, when a case moves to a new office, the person gets an interview. Usually, they do not. You can try contacting the Texas office and asking them their policy (if they have a policy) – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
I have a very complicated question for you.
My husband and I came to US to apply for asylum based on the situation we had in our country.
I by no reason want to go back for the fear that I have.
However my husband family insist he inherits some of the property they have and so he needs to be present there to sign of the paper work, not now but later on at some point. I am so confused and so lost.
I dont want to go back to the country where there are so many problems going on between muslims and Buddhist.
My question to you if at some point we get a green card and US Citizenship later on.
CAn he go back to obtain Srilankan Citizenship so that he can have some of the property on his name.( Dual citizenship?
Will US take back his citizenship? Or he has a choice to have dual citizenship.
Or if he doesnt apply for his citizenship and stays on greencard does it mean that he will be questioned if he later on goes on to have his srilankan passport? : We are still pending asylum, This is based on the scenario if asylum is approved for us.
I feel this is going to create a mess with two situations.
But what are my options please can you help me. I am so worried about the future of my children if i had to start all over again
The US does not care about dual citizenship, but I do not know whether Sri Lanka allows that. If he is the dependent on your case, he is generally ok to return to the country (there are exceptions), but if he is the principal applicant, it can be more of an issue. Once he has a GC, it is safer, and once he is a US citizen, it is probably ok to go back. He should talk to a lawyer before he goes back to be as safe as possible, as returning could have immigration consequences. Take care, Jason
Jason Thank you your a gem of a human being! thank you helping me. Srilanka does have dual citizenship. I just found out 30 minutes earlier.
I appreciate your help and your way to advice under these circumstances.
Dear Jason,
Pls can you kindly let us know the difference between Application is pending and Decision is pending in USCIS case status
As far as I know, application pending is a message before the interview. Decision is pending is a message after the interview, but before the decision. Take care, Jason
Dear Respected Jason:
I hope you are doing very well.
I have question in regards to EAD. My current EAD is going to be expired in 20th of Jun, 2019, and I already applied for the new one ( received the receipt too but not the card, which automatically extends the old one for 180 days).
1: Do I have to email to the receipt to our HR Department now or I should wait for their email to me?
2: What if they do not accept the receipt and asks for actual card? Is this possible?
Best Regards,
1 – I think that depends on the policies of your company. 2 – Maybe, but you are legally eligible to work with the receipt. Hopefully, they will not give you a hard time, as you are eligible to work for 180 extra days with the old card and the receipt. Take care, Jason
Hi jason
Having a quick question since i have pending asylum since January 2016 after three times expedited rejected now planning to go canada
I read in one of ur comment here that one of your client from 2017 had their interview scheduled yesterday despite you didn’t expedited—-
Please can u confirm it if they are working on backlog or not- how comes he got his interview from 2017 hence mine from January 2016
Please reply – because im about to move canada
Dear Eli,
I am not Jason😊
First, I also met some one who applied in February, 2016 and got interview at LA last month. He said he didnt expedite his case. I think this thing happens once in a while,
Second, I want to know how you decide to go to Canada? Did you applied Skilled workers visa or you are planning to apply for asylum there? Please clarify as your plan might also help Us
Thank you so much and have a good day and good luck
Hi
I want to apply asylum there
Because canada already proposed a law that if someone claim asylum in US wont be eligible in CANADA. I will go before its too late
I have no idea why he got an interview. I asked the receptionist who checked us in, and he did not know either. In general, we are not seeing this, and I have no explanation. I do recommend you talk to a lawyer in Canada before you go there, to be sure you will not be rejected at the border or sent back later. Take care, Jason
hi Jason
quick question, knowing that in the US there is some state has legalized weed marijuana, i live one of them , here is the question I had bought at store 2 times in my life I don’t smoke just wanna see . is this a reason they gonna deny my application , and also when i was at store they took my id and swipe some machine the first time, not the second which is a long time ago. thank you
Not judging, but viewing marijuana for pleasure/satisfy curiosity should be the least of our worries 🙂My sense of humor may be a little off.
Good luck.
hi Jason
quick question, knowing that in the US there is some state has legalized weed marijuana, i live one of them , here is the question I had bought at store 2 times in my life I don’t smoke just wanna see . is this a reason they gonna deny my application , and also when i was at store they took my id and swipe some machine the first time, not the second which is a long time ago. thank you
It could be a problem, as the federal government is not a fan of weed (or immigrants). You would have to read any application careful to see what information you have to provide. For the most part, if you have not been convicted of a crime, you should be alright, but you have to read each question and see what they want from you. Take care, Jason
Hi jason
Do they still work on backloc case in Virginia.
Thank you
Based on the data above, they are not. However, I had a 2017 case that was called for an interview (yesterday) – and we did not try to expedite. I am not sure why this person was called for an interview. I asked about it when we signed in, but the person there did not know either. So I guess it is possible that they are doing backlog cases now and again. But if you want to try for an interview, the best bet is to ask to expedite – I wrote about that on March 30, 2017. Take care, Jason
Is there any movement in the cases that were filed shortly before the change in interview scheduling order? I filed in July 2017 in Chicago and was wondering if cases around this time had interviews scheduled with the asylum office.
Thank you
Hi Jason,
Can someone applied for asylum who got denied or delayed to apply for GC based on family petition ( son applying for father ) ?
Would the asylum case affect the petition process ?
Thanks
Hi Jason
How long does it take now to get to scheduled for interview
Has any of the new cases you aware of got delayed ?
Thanks
If you are not scheduled for an interview in 2 or 3 months, then you are probably in the backlog. No one can say how long backlog cases will take. Different offices complete different proportions of their new LIFO cases. In Virginia, for example, it seems they interview less than 50% of new cases. Take care, Jason
Assuming you are eligible, you can do it – I did a post about that on August 2, 2018 (it talks mostly about marriage to a US citizen, but the principle is the same). Take care, Jason
I have not seen that in Virginia, and I do not think I have any cases filed at that time in Chicago. At least there is some progress on the backlog, so there is some hope. What I do not know is how the Chicago office is addressing the backlog – oldest to newest or newest to oldest. If you want, you can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Bro, I applied in Feb 2017 in Chicago and still waiting for interview.
Hello Jason,
I have a RTD that will expires in March 2020 but I will be traveling in November 2019 but the airline rules says you must have a 6 months validity on your Passport or travel document. Can I go ahead and renew it now. Cos I dont want anything to affect the traveling.
Thanks Jason
I think you can, but check the I-131 instructions – I think you are required to return your original travel document with your application. But check the instructions to be sure. Take care, Jason
Yes sir, that is the instructions I will have to return that so as to apply for a new one. Thanks you Jason and God will keep blessing you more and more.
Hey,
I just got email from uscis saying my asylum status changed to Initial Review, but when I check it online it just changed to “Your application with USCIS is still pending. ”
And also I got this: During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant’s/petitioner’s criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators. If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.
What all this mean? I never had an interview before
I just got text msg.
Your case ZMI15xxxxxxxxxx is now updated. Check “My Case Status” at http://www.uscis.gov. *Msg and Data Rates May Apply.
On the USCIS website status change to my application is pending. Never had interview.
Thanks
I do not think you can really read much into these messages. I think it means that the case is pending. If you want to inquire, you have to contact the asylum office directly – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I have a question regarding home county national ID renewal for transfer some property under my name from my parents, I can’t sell or transfer any property to my kids name unless my ID IS VALID. Does it matter if I apply online the home country NIC while I have asylee/ PR status in the US? Please advise.
I do not see how that would be a problem, but if it involves interacting with your government, and your asylum case indicates that your government will harm you, then you might need to explain why you did that, and why your government agreed to assist you. Take care, Jason
Thank you, Jason.
Respected Jason,
Thanks for your updates and being a light for asylum seekers.
I have submitted my and my two adopted kids cases on 27 Oct 2017 in New York. My kids are now 15 and 17 and half . We all submitted separate cases with the Hope’s that under 18 get their interview early. Unfortunately we are still waiting for our interview call. I was healthy when we arrived but now I have many health issues like high blood pressure, cholesterol, back problem and few others. Even my doctor and my pharmacy lady asked many times. What’s happening to you ? You were never like that before ? At the moment I am taking almost 8 medicine.
My kids are upset too , they have stress andnothe health issues too though not serious. Do you think we have to expedite our cases ?
We have the affidavits, letters and evidences and even available online. What is your advice ? If yes then how to proceed for that.
Bundle of thanks ,
You should get evidence about the health problems – maybe a letter from the doctor, if possible. The letter can explain how finishing the case will help improve your health problems. I wrote about this issue on March 30, 2017 – maybe that post would help. Take care, Jason
Good day sir and warm greetings to u and every member of this forum. Is there anything I can do to speed up my pending case so I can be called for interview
You can try to expedite the case – I wrote about that on March 30, 2017. Maybe that post would help. Take care, Jason
Hi Jason and community members,
Has any of you noticed whether it takes them longer to acknowledge/issue a receipt for i-485 if you send it with a fee waiver request (i-912)? I sent my i-485 package to the AZ mailing address for Nebraska Center via FEDEX. It was received by one J. Lopez, but I have not had a receipt uptill now. Not sure what my options are.
Normally, you should get a receipt in about 4 weeks. I don’t think it should make much difference that you included a fee waiver, but I guess that is possible. Maybe others here know more about this. Take care, Jason
I guest they don’t care about the people in the backlog because some of them like us have been waiting since 2015 in New York to get an interview but unfortunately never get it. UScis should do something about that because we are dealing with anxiety and so on because of that
Apparently, there are over 200 vacant asylum officer positions. Maybe if they could hire and keep more people, they could get more done. Take care, Jason
I volunteer to work for free as AO🙂. We will make good AOs and cases will move faster, because we know where the shoe pinches.
Approved! Approved! Approved!Approved!
GOD BLESS YOU TINA.
Hired!
GOD BLESS YOU TOO SIR.
I submitted my application in 2016 and have been waiting since then. With my education I was able to manage good job, and cover my living cost but ‘dealing with anxiety’ never stop. Living with uncertainty and fearing what the future may bring that just gets amplified the longer we wait.
Hi
I have a question
I have a pending asylum since January 2016
I read alot about TPS!
Am i come under TPS temprory protected status? Can u elaborate please
You can Google “TPS USCIS” and you might find info about that. TPS is for specific countries and is only available if you filed during specific times, so I doubt you are eligible, but check the USCIS website. If you are not sure, talk to a lawyer to double check. Take care, Jason
Good day sir.hope you are doing well. I have a concern Sir.when i did applied for asylum i did not put all of my familly member because sombody told me that it was necessary for me that i should focus on those here first.now back in my country there is a civil war and now they left the town because of all the kiillings going on.i did expedited my case and was approved but sent to court because officer said why now i want them if i didn’t mention them a the beginning. JASON please what do you advise me .is it a big mistake? I worry about that.isit corrective? Thank you
Unfortunately, many people get bad advice like this. You will have to prepare your case in court and explain to the judge about the error. It is very helpful to find a lawyer to help you in court. If you cannot afford a lawyer, I did a post about finding a free lawyer on September 22, 2016 – maybe that would help. Take care, Jason
Sorry for exposing my email
I think I deleted it…
Thank you Sir.many blessings
You’re awesome! Just awesome! We really appreciate your relentless effort and commitment to help the desperate. God bless you!
Thank you so much for the information.
Do you have any idea for those who are waiting for their decision??
I had my interview January 2018, and still my case is pending.
You can inquire with the asylum office – you can find their contact info if you follow the link at right called Asylum Office Locator. Otherwise, it is not possible to predict how long a decision will take. Take care, Jason
Thanks for this update Jason. One question, did they include the people waiting for their decision in this counting of backlog?
I was actually wondering this myself. I think the answer is yes, but if I can remember, this is one of the questions I plan to submit at the next meeting. Take care, Jason
Thank you the information. As you said many people say Ethiopia is at a good condition and the country condition is changed. But it is not true. You can see many ethnic based displacement and killing was happens after this pseudo change. So it is very difficult if US government gonna do what you said.
Thank you
I did a consult for someone who had proved “past persecution” in Ethiopia, but his case was denied due to “changed country conditions.” I did not see the case itself, so I do not know if he included info about the current problems. I do agree with you that the changes in Ethiopia are very uncertain and there are still many problems, including ethnic problems and continuing political persecution. On the positive side, I did an Ethiopian asylum case last week in court, and she was granted, so it is still possible to win. Take care, Jason
Thank you very much for everything that you are doing for asylum seekers, Jason. Now even a little bit of information means a lot to the people in the backlog. Because of your meaningful and informative posts, we are able to anticipate and plan for our next steps. Thanks again for your great effort.
Thanks for the update, Jason. Don’t know what we can do without you. You have been more than helpful.
Thank you once again.