Last fall, the Asylum Division cancelled its quarterly stakeholder engagement meeting and postponed the release of data about the various Asylum Offices. Now, finally, that information has been released. The news is generally bad (who would have guessed?), but the data contains some bright spots and surprises–as well as a few mysteries. Here, we’ll take a look at the most recent news from our nation’s Asylum Offices.
First, the data. The Asylum Division has released statistics for FY2019, which ended on September 30, 2019. The data shows that despite the Trump Administration’s hostility towards asylum seekers, many people continue to seek protection in the United States–through the fiscal year, a total of 82,807 new affirmative asylum applications were filed (and remember that some of these cases include dependents, so I imagine the total number of people filing for asylum in FY2019 is well over 100,000). Case completions are still not keeping up with new filings, and the overall asylum backlog continues to grow: From 323,389 at the beginning of the fiscal year, to 339,836 at the end. Throughout the year, the number one source country for new asylum cases was Venezuela. China was number two for most of the year, followed by Guatemala, Honduras, El Salvador, and Mexico.
In terms of grant rates, the news is fairly negative, but not uniformly so. As an arbitrary base-line, I will use a post I did in February 2016 about Asylum Office data from the second half of FY2015 (April to September 2015). I calculated the percentage of cases granted at each Asylum Office. In crunching the numbers, I discounted cases that were denied because the applicant failed to appear for an interview, but I included cases that were denied solely because the applicant failed to meet the one-year asylum filing deadline. I’ve made the same calculations for the period April to September 2019, and compared the grant rates for both time periods in the chart below.
As I mentioned, I did not include “no shows” in my data. For this reason, government statistics about the asylum grant rate will be lower than my numbers, since they include people who failed to appear for their interviews. If I had included “no-shows,” the FY2019 grant rate in Arlington would be only 19.5% (instead of 26.5%, as shown in the chart). The New York grant rate would drop to a paltry 7.1%, and the grant rate in San Francisco–the “best” asylum office–would fall to a still-respectable 54.0%. Arguably, it makes sense to include “no shows,” since some people may not appear due to no fault of their own. However, I chose to leave them out, since I suspect most have either found other relief or have left the country, and I don’t think it is useful to evaluate Asylum Offices based on denials where the applicant never appeared for an interview.
One problem with my comparison is that there are more asylum offices today than there were in 2015. The two new offices are Boston and New Orleans. The Boston office was previously a sub-office of Newark, and the New Orleans office was part of the Houston office (though in truth, I am not sure whether all of New Orleans’s jurisdiction was covered by Houston, or whether some was covered by Arlington). To account for this, the first numbers listed for Houston and Newark for FY2019 is the percentage of cases granted in that office. The numbers in parenthesis for Houston and Newark include cases that would have been within the jurisdictions of those offices in FY2015 (i.e., the New Orleans cases are included with Houston and the Boston cases with Newark). Thus, the parentheticals are useful only for comparison with the FY2015 numbers; if you are just interested in the percentage of cases granted in Houston and New Orleans in FY2019, look only at the first number.
As you can see, there is an overall decline in the grant rate at most offices. In some cases, this decline is quite significant. One office–Houston–bucked the trend and actually granted a higher percentage of cases than in FY2015.
But perhaps things are not quite as bad as they appear. The numbers in the first chart include cases denied solely because the applicant failed to file asylum on time (remember that you are barred from asylum unless you file within one year of arriving in the U.S. or you meet an exception to that rule). In the second chart, I factored out cases that were denied solely because they were untimely (the Asylum Offices have been identifying late-filed cases and interviewing them; unless the applicant overcomes the one-year bar, the case is referred to Immigration Court without considering the merits of the asylum claim; since they are interviewing many such cases, this is pushing overall denial rates up). Comparing the two fiscal years in chart two, the decline in grant rates is much less severe. Indeed, three offices granted a higher percentage of timely-filed cases in FY2019 than in FY2015.
So what’s happening here? Why did grant rates generally decline? Why did some offices improve? What does all this mean for asylum seekers?
First of all, these numbers must be taken with a big grain of salt (and not just because I am an incompetent mathematician). A lot is going on at each Asylum Office. Different offices have different types of cases, including different source countries, greater or fewer numbers of unaccompanied alien children (“UAC”) cases, and different policies in terms of interviewing untimely applicants. As a result, some offices may be interviewing more “difficult” cases, while other offices are interviewing more “easy” cases. Offices that interview many Central American cases, or many UAC cases, for instance, will likely have lower grant rates than other offices. This is because Central American cases and UAC cases are more likely to be denied than many other types of asylum cases. Also, some offices are more aggressive than others in terms of identifying and interviewing untimely asylum cases. Offices that interview more late-filed cases will likely have a higher denial rate than offices that interview fewer late-filed cases.
Despite all this, it is fairly clear that the overall trend is negative. One obvious reason for this is a series of precedential cases and policy changes during the Trump Administration that have made it more difficult for certain asylum seekers, particularly victims of domestic violence and people who fear harm from Central American gangs. In addition–and I think this is probably less of a factor–the leadership at DHS and DOJ has repeatedly expressed hostility towards asylum seekers and encouraged the rank-and-file to identify and deny fraudulent applications.
Finally, as my colleague Victoria Slatton points out, it’s possible that the negative trend is worse than what the numbers above reflect. In FY2015, the Asylum Division gave priority to UAC cases. Since such cases are more likely to be denied, interviewing more of them may have pushed the overall grant rates down. In FY2019, UAC cases were not given priority, meaning that (probably) fewer UACs were interviewed. All things being equal, fewer UAC cases should mean a higher overall approval rate, but that is not what happened at most Asylum Offices. This may mean that more non-UAC cases are being denied today than in FY2015.
As you can see, there are a lot of moving parts, and a lot is going on behind these numbers. In one important sense, though, things have not changed much in the last four years. Strong cases still usually win; weak cases often fail. For asylum seekers (and their lawyers), we can only control so much of the process. Submitting a case that is well prepared, consistent, and supported by evidence will maximize your chances of success. And as the numbers above show, success is still possible even in these difficult times.
Hi Jason,
I have pending asylum case and my husband is citizen. He is going to sponser me for residency next month. we are both student here and do not have source of income, but we have private student insurance, good credit score, house here and my home country, and saving in my account. We have never used any goverment assistant since we came here. Do you think this new public charge rule will affect us negatively since we are both full time student and can not work to earn income?
Thanks
I do not yet know exactly how harsh USCIS will be when interpreting the rules, but it sounds to me like you should be able to overcome the public charge issue. We will have to see how it is interpreted. If you could file your case before February 24, 2020, the public charge rule will not apply to you. Take care, Jason
Hi Jason,
I sought for asylum in year 2017. Last month we expedite our case but got denied and they put our case in short notice list. Now I found out I am pregnant. I went to DHS yesterday to get medical help however they said you are not qualified as my husband salary is more that 2900$. What to do in this case? Should we request again for case expedition or what should be the next step. $2900 is the limit for getting medical benefit if you are asylum seeker.
Thanks and regards
I do not know what medical assistance might be available – you might want to contact your local office of Catholic Charities (most cities have them), as they often know about benefits. Also, you can try again to expedite based on the pregnancy and lack of insurance. I wrote about expediting in general on March 30, 2017. Take care, Jason
Is it possible to file I-730 for kids in home country after the travel ban take effect in February. I’m from Nigeria. (2)or we can file before the date of travel ban (3)Do the kids qualify for a waiver. Thanks for your prompt answer.
The I-730 is not affected by the travel ban, so you should be able to do that. Take care, Jason
Hi Jason,
Thank you for all your help to us. I beginning to worry a lot because my specific case is kind of complex and would like your opinion. I was F1 student with OPT, and applied for Asylum while on OPT and C8 EAD wouldn’t arrive on time to avoid gap in employment, so I applied for STEM OPT. I applied and received my C8 EAD while on STEM OPT and stopped working with my STEM OPT EAD. After 6 months of not working with STEM OPT EAD, I thought my F1 status would be terminated because of the unemployment rules, but it didn’t. So, I had to force my school director to terminate my F1 status because I had the fear of being called for Asylum Interview and being denied instead of being referred to IJ. My school director terminated my F1 status supposedly for violation of STEM OPT rule (working for non E-verify company). At the time I didn’t care because all I needed was the F1 status to be terminated.
Now, I applied for C8 EAD renewal and it’s taking a lot of time (Received date 09/26/2019), my wife got her renewal approved and card delivered in the mail in January (we applied at the same time), as well as all case numbers before and after my case number. Is there any reason for USCIS to reject my C8 EAD renewal? Maybe that F1 violation can harm me? To my knowledge the only reasons for them to deny C8 EAD are the petioner being a criminal or arrested (I have no record or arrests of course), or the asylum case being denied (I haven’t been called to interview yet).
I already called yesterday to raise an inquiry because of case being outside of processing time. (Nebraska is going on 10/02/2019 for C8 EADs)
Thank you in advance,
Jesus
My guess is that it is just a random delay. We are seeing renewals take 5 to 7 months, and so you are within that range. Also, it is common for two people in the same case to file at the same time and get their results weeks or months apart. In any case, you contacted USCIS to raise the issue and that is about all you can do for now. Hopefully, you will get a decision soon. Take care, Jason
Hi Jason,
First of all, thank you for all your support. I am following this website for 3-4 years and it has been very helpful for me.
I want to ask you something that I experienced recently. I had my interview on November 6,2019 and I got email notification about USCIS case status update yesterday. I am little confused with the recent case status which is: Fees Were Waived and it says: On November 21, 2019, we received your case and waived the filing fee for your Form I-765.. I didn’t apply EAD card recently since I have it valid until 2021. Have you ever experienced this kind of status update or what might it be? I haven’t gotten any mail yet.
Thanks in advance for your response.
Some commentors here say that this indicates good news. Hopefully, that is correct, but I always think it is best to remain cautious until you get something in the mail. You could email the asylum office and inquire about the status of your case – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Same thing happened to me and my case was approved. You should be receiving the positive news anytime soon in the mail. In my case it was 3 days after I noticed that change of status.
Congrats!!
Hey Jason, I hope you’re doing good. I have been granted asylum and I used a travel document to go a third country . When I was applying for my travel document I put on the form that I will spend 45 days outside of the USA. I just wanna know if can exceed those 45 days or I have to respect them???
There should be no problem if you have to stay longer, as long as you return before the travel document expires. Take care, Jason
Jason,
We need a search function here, otherwise you have to point readers to older posts over and over again.
I remember you wrote about applying for a GC a year after the grant of asylum. While this process is described on the USCIS website, your latest comments (like writing “NA” everywhere and not leaving any field empty) will be really helpful. So can you remind when was the latest post about it?
There is a search feature near the top, but I doubt it would help with that. For now, I am the search feature. I think the post you mean is from November 13, 2017. Take care, Jason
Hey Jason,
If someone is an asylum pending and makes 50k a year, and the future wife makes 80k a year. The asylum pending wants to get married to future wife do you think he Will be exempt from the public charge rule?
All asylum applicants are exempt from the public charge rule. If you mean that you want to marry a US citizen and get your GC based on the marriage, you are subject to the rule. With a decent income, it should be relatively easy to overcome the rule, but you still need to complete the I-944, which is a lot of extra work. Take care, Jason
Hello Jason!
I heard that it’s much harder to proof “fear” in your native country if asylum is pending more than 6 years.
Just because a lot of time past.
Can you approve or deny this statement?
Thanks!
Hi Jason,
Hope everything is good with you.
I want to ask a question regarding multiple EADs…So currently, I am on my STEM OPT. I currently also have a pending affirmative asylum application, non-interviewed…I want to apply for C8 EAD…will applying the C8 EAD card cancel my STEM OPT ? Can a person have two EADs based on different categories ?
Thanks
Once in a while, we see a person with more than one valid EAD. The fear is that USCIS will not allow you to get a new EAD while you have a valid EAD already. I do not know a rule about this, but you might be safer to wait until there is 6 months or less validity on the OPT EAD before you apply for the asylum-based EAD. Remember that if you are trying to avoid a gap in employability, it could take up to 5 or 6 months to get a new asylum-based EAD (though it should be faster than that in most cases). Take care, Jason
Hi Asylum seeker,
I am a derivative. However, I got my both OPT and Asylum EAD. I first got my C8 one and after that my OPT one.
following since I am also wondering this scenario about fear after a long time…
Asylum Officers and Judges sometimes ask, Why would anyone still want to harm you, since you have been away from your country for so long? You should be able to respond to that. I do not think many cases are denied for this reason, though. At least I have not seen that. Also, if a person suffered past persecution, there is a presumption that the person will face future persecution unless country conditions have changed so that it is now safe to return. In that case, even if you have been gone from the country for years, you would still qualify for asylum. Take care, Jason
Hi Jason,
We are the one waiting for the perm decision. As we already mentioned, we also applied for advance parole to hopefully get all the approvals (Perm, I140 & AP) and go through consulate processing. Our lawyer just said that we have to withdraw the asylum case before filing I140 with the consulate processing. She said if we are doing AOS we do not need to withdraw it, but if we want to do consulate processing we definitely have to withdraw the asylum case. Can you advise us on this situation? Thank you in advance.
I have never heard of that, and I do not see why you would need to. However, I do not do PERM cases or much consular processing, and so she probably knows more about it than me. You might ask for her a more detailed explanation of why you need to withdraw the asylum in order to consular process – is there a regulation or policy about that? Also, one concern is that if you withdraw the asylum case, the AP becomes invalid (since it is based on asylum pending) and if something goes wrong at the consulate, you may not be able to return to the US. I would be careful about all this and make sure you understand exactly what is happening before you leave the US. Take care, Jason
Thank you Jason for all your detailed response. She is mentioning something like conflict of immigration cases. I have another question here about what she is suggesting us. If we use AP to leave the country and return can we do AOS afterwards?? Are we now consider as parolee? deeply appreciate your support.
Your lawyer could research that, and there are some circumstances where that has worked in the past (people who entered unlawfully, got TPS, left and re-entered), but I do not think that applies in your case. I am not sure, though, as I have not looked at this question for some time. Take care, Jason
Hi EB2/Asylum,
do you have other immigration status like F1 or F2 beside youe pending asylum case? If you have other status,why you can not AOS without leaving the US?
I do have OPT status but I am a derivative on my husband asylum case. So manly my questions are for home who has both asylum and EB2 cases.
Hello Jason i have a question i applied for asylum and my wife is under my case dose her asyle too? i meant can she use public charge ? and that is not going to hurt for applying green card if we win?
An asylum seeker or asylee, whether they are a dependent or principal, is not subject to the public charge rule, so as long as you and your wife are seeking a green card based on asylum granted, you do not have to worry about the public charge rule. Take care, Jason
Dear Jason and Asylum community,
I filed for Asylum based EAD (I-765) on October 8, 2019. However, I haven’t received my EAD yet. Anyone here filled in October and received? Mine is 4 months and 2 days. This is my first EAD.
Thank you
First-time EADs used to be much faster, but they have slowed down. Even so, 4+ months seems pretty long. You may want to call USCIS at 800-375-5283 and inquire about the EAD. Maybe that would help. Take care, Jason
Did USCIS successfully remove the 30-day provision ?…
There was a court case that forced USCIS to process the first-time EADs in 30 days, but I think they changed the regs or made some type of change (I forget at the moment). In any case, the 30-day rule seems to no longer apply. Take care, Jason
I can still see the Rosario Class action on USCIS website, has anyone tried that?
I can’t remember, but I think there was a change in the regs that eliminated the 30-day requirement (I may be wrong, but I do know that first-time EADs are taking more than 30 days in most cases). Take care, Jason
Hey Jason, my sister, her husband and son applied for first I-765 on 01/21 and they all got the card is now being produced notice today. So, I guess they were lucky since it has been less than 30 days.
Hi Dear Jason,
Thank you for taking the time to answer our questions, God bless you!
I have been waiting for my decision for about 1/5 year. I entered the US lawfully, got my EAD and started working last year. It has been more than 180 days since my legal status was expired. My husband is in the process of applying for green card through his job. Is there any way that I can apply for green card with him, and get my GC WITHOUT leaving the country?
I know you have mentioned multiple times that if we are out of status for more than 180 days, we have to leave the country in order to get the GC, just wanted to know if there is any exception or any way around it?
There are sometimes exceptions, but these are very case specific, and you would need to talk to a lawyer about whether you might qualify to get the GC without leaving the US. Also, I did a post about that on August 28, 2018, which might help (but won’t substitute for talking to a lawyer). Take care, Jason
Jason, thank you for your invaluable work!
Hello Jason,
Enjoyed to read your articles as usual. I have question and cannot find answer on uscis website. Would be grateful, if you could help.
I’m green card holder as a direct result of my derivative asylee status. I need to wait few more years to apply for citizenship. Meanwhile, I really wanna travel somewhere outside United States (Not country I got asylum from). My Russian passport still didn’t expire, can I travel to other countries to use my Russian passport? Apply for travel refugee travel document seems as a big hassle plus I got derivative asylum and green card through my spouse( I’m not direct asylee). A lot of people travel using their country passport and never had a problem. But I asked my lawyer’s office and they are not sure and recommended to get refugee travel document just in case.
What do you think? Can you please help me with advice…
I have had clients travel with only the passport and GC, and they have been fine. This is especially true for a derivative (though it may depend on the case – if the principal said that the home government would persecute the whole family, there may be issues if you use the passport). That said, I do think it is better to get the RTD if you can. It is not so expensive and the form is relatively easy to complete (I-131, available at http://www.uscis.gov). It is a hassle in the sense that it may take 6 months to get it, and it is only valid for a year, but if USCIS every questions your use of the home passport, it is good to have the RTD, so at least you can say that you tried to avoid using the passport. Take care, Jason
Hey Jason I have my EAD and my passport for my country has expired and my EAD is the only ID I have, I want to travel to another state for work. Is it safe to travel?
That should be fine (but if you are flying, you might check with the airline to make sure there are no issues). With the EAD, you can also get a state ID/river’s license, and it is a good idea to have that too. Take care, Jason
Hi Jason. New immigration law for GC says no approval if any one takes 1. Medicaid 2. Housing 3. Food stamp. My Question is that Obama care health insurance is Benefit? Is it Medicaid? Is it make non qualify for Green Card to my family members in my country if i sponsor them? I am Asylee and have GC abd wanna apply for my son over 21 y age and un married he is. Me getting Obama care health and paying $137 per month too.
The public charge rules do not apply to asylees, or to I-730 cases. If you want to wait until you have your GC and then file an I-130 (family petition) for your son, the public charge rules do apply, but that would be for him and not for you. So I do not think Obamacare would have any effect on your case or your son’s. Take care, Jason
Dear Jason
Finally im giving up after fives years of wait in Colorado i want to go back !
Please i have few questions i would appreciate if you can response in accordance!
1- my asylum reciet is lost and i have all other documents i just got my renewed EAD Valid till 2022
I want to withdraw my asylum case – can i do that with my work permit and A # i dont know what my Zar # is?
2- currently im in denver Colorado and its a sub office- but i have my departure flight from Virginia to my home country- can i go to Arlington asylum in person and do that on walk in days- although i filed from denver??
Can you please guide me !! I dont know want to make any mistake
Hi jason I have question may help me I applied asylum since 2015 in Texas office still no interview so my son is citizen can apply for green card by my son I mean reunion ?firstly how much does it coast to apply second when approve inclued health insurance Im 66 years old thank you for ur answer
If your son is a US citizen and over 21, and if you entered the US lawfully with a visa, he should be able to file for you, and you should be able to get your GC without leaving the US. Talk to a lawyer about this. to be sure you are eligible. Also, a lawyer can help, as it is getting harder (starting on February 24, you would have to satisfy the “public charge” requirements, which are very burdensome). I do not know about health insurance, though. Take care, Jason
Hi jason thank u for answer Im asylum seeker since 20 15 still no interview my son is citizen 25 years old I entered US by visa now Iwnat to apply for green card mean reunion which form use for this? and how much coast total please and how long takes to approve how many forms we need to apply thank u sooo much for ur help
If you entered legally and your son is a US citizen over 21 years old, you should be able to get the GC based on him. There are many different forms, but the main ones are the I-130 and the I-485. If you look at the instructions for those forms, you should learn all that you need to do. Unfortunately, on February 24, new rules are going into effect regarding public charge. This means that you have to show you will not use public welfare benefits. Along with the new rule is a new form, the I-944, which is very burdensome. If you could file before February 24, you can avoid having to deal with the new rule. You may want to talk to a lawyer for help, and to be completely sure you qualify, as the process is not cheap and there is no sense in filing if you are not eligible. Take care, Jason
Hey ZAHDI,
Sorry what you going through I’m in the same situation like you and live in Denver Colorado but I like to say that you have to think about the decision you are taking please don’t make mistakes I know all of us we are going through time but don’t look behind you, you have to have confidence don’t give up hope us Jason advised us try to live a normal life find something to do, work, study…..so your mind can be free, the more you keep it in your mind the more it hating you, you already spend 5 years , just keep hoping and sooner you will have your documents, it’s has been 5years since I applied . Thank you
This is also important advice to consider. Thank you, Jason
Hey fred
Thank you for your encouragement words
But i m 55 years old my two daughters n wife are waiting since then – its hard to leave them more then this!!!
I love American People but the immigration system soo cruel and not honest!
Unfortunately they cant feel our pain!! The people who works at immigration too they are like a machine not human too. I expedited many times no result.
So i had to I already booked my ticket and wrapped .
I may go and die ! But this separation kills me everyday. I would rather die once then this painful immigration process the worst one i would says!!!
I saved my physical body since last five years but in returns what USA has given me a Great Depression !! 😰
I pray for the rest to settle down we dont live much longer in this life to wait half of it for US immigration to decide for our future
This is a powerful statement and a very sad reflection on our country. I wish you well. Take care, Jason
Zahedi
I’m very sorry about what happened in your situation. I know the wait is killing. Why can’t you move your case to another state. E.g Chicago. Good luck.
Hi jason thank u for answer you mean apply form 130 and I-485 together for GC
It depends on the case, but if you are eligible, you can file those forms together (along with the other required and optional forms). Take care, Jason
If you are eligible to do so, you normally would file those two forms together, along with other required and optional forms. Take care, Jason
Hi jason you mean apply 2 form 130 and I-485
1 – You should be able to – email the asylum office, tell them your intention, and ask what to do (they are usually happy to help with this, as it clears a case from their docket). You can find their email if you follow the link at right called Asylum Office Locator. 2 – I do not think that will work – you have to be in touch with your local office, but you can do that by email. Good luck, and I am sorry that the system has failed you, Jason
ZAHDI, very sad to hear that. Be strong, I know its frustrating to wait long in a limbo.
How are the conditions in your country? Is that not better to wait than to risk your life?
Anyway I wish you all the best
You are not alone. This US limbo life is a silent killer.
I hope you will be safe with your family .☹
All the best!
Hi Zahdi and Everyone,
I am in the same situation. You have two daughters and wife I feel you that you are missing them. It was same here but in my case it was my dad whom I was missing. I was so depressed and anxious that I will call him during my sleep and will think all the time about him.
After waiting five years, finally, I applied for his B2 visa. And I am not sure how and why he got the visa. Many people told me not to mention myself in his visa application but I was not ready to make false statement. So, I did mention myself and wrote a letter to visa office (though she never saw it) but issued him a visa. I will encourage you and all specially there was woman who was missing her children in some last posts of Mr Jason. My dad got visa in two days so may be some of your loved ones will do the same. But I will encourage you to not make any false statements for visa application because visa officers knows almost everything and it is against the integrity.
Secondly, I have seen a psychiatrist for my emotional pain like anxiety and depression. I will encourage y’all who feel sad or down for more than two weeks to do the same because we all have seen some situations which can add to PTSD or clinical depression. The medical science has made a lot of progress but mental health is still considered a taboo.
Just remember, WE WILL WIN.
Thank you
Thank you for the post. I would echo what you said about seeking help with mental health issues. There is still a taboo around that sometimes, and it is important to recognize that these issues are not any different than physical health issues. In some cases, talk therapy can help, but in other cases (of more extreme anxiety and depression), medicine can help and alleviate some of the worst symptoms, which makes it easier to function and live life day to day. Take care, Jason
Hi Nick, I am waiting for 6 years. My mother who was 62 years old when I left is now 68 but she seems older when I talk to her. I was planning to apply for her B2. Your experience with your father’s visa gave me more strength. I will definitely try and let everyone know. Thanks
Zahdi, no one can feel the pain you are going through. Sometimes your destination is just a minute away, you never know. I hope you get the best from whatever you plan.
Jason, Thanks for everything you are doing, it is giving us power to connect with the people who are stuck in the same situation and we know we are not alone.
Sure Seeker, I wish you the luck. I hope you will soon see your mother.
Please do Mr Jason. I believe even though you’re normal but still homesickness can lead people to anxiety or clinical depression.
I wish there are programs for mental health of refugees and asylum seeker. Actually, I heard that someone is doing research on the mental health of asylum seekers but I could not get hold of him/her. If you ever decide to write about the mental health please share the resources if we can get help.
Thank you for your help to the asylum community.
It is a good idea for a blog post. Unfortunately, I do not know of a nation-wide resources to refer people to mental health professionals (I only know about resources local to me). One idea is to contact a local non-profit for help, as they often know the local providers. Here is a link that might help: https://www.immigrationlawhelp.org/
Take care, Jason
Hi buddy
I m so upset to hear your story and I m so sorry to know you will go home but can I at least give you some advice or tips if you wish . Honestly 5 years is bit longer year spent here and all of sudden go back home with nothing (I mean paper) .
hml on my email jikaharoun@gmail.com
I am exactly in the same situation waiting for 4 years. I also live in Denver! I totally understand you! I do not think that there would be any progress!
Hi Jason
Thank you for your help for while asylum community. My asylum case got referred to court in Sep 2019 because of dome inconsistencies in San Francisco. I believe AO are always more happy to just refer the case even though there are just small issues. I just wanted to know is it still possible to win the case in court with some inconsistencies? My judge has 50% approval rate and most of her cases are from Hispanic community( i am not from there). My lawyer said it all depends upon Government attorney how they act in the case. Can you give some suggestions?
Thank you very much.
I did a post about court on March 7, 2018 (about the process). In terms of winning, it is generally a bit easier to win in court than at the asylum office, at least in my experience. When I started my career, I only did court cases. Many of those were referred from the asylum office, and we could win the large majority in court. I think that is still true today. It does help to have a decent DHS lawyer, of course, but they usually follow the judges lead, and so if you have a decent just (and it sounds like you do), you should have a chance to win. Good luck, Jason
Why is it so much easier to win in court ?
It depends on the judge, of course, but I just find it generally a bit easier – the judges are more experienced and the lawyer has more control over how to present the case and prevent the applicant from going off track. Take case, Jason
Dear Jason
I entered the US legally and I was given admission to stay for six months. During that time my spouse submitted I-730 to me and still pending. However, my legal status ended six months ago and now I do not have status ( which considers somehow overstaying or unlawful presence).One day my I-730 will be approved. My question is will I face any issues when I apply for adjustment of status after one year of my I-730 approval because of my unlawful status when the case was pending?
So I can’t do the adjustment of status from inside the States but instead I have to go through NVC, is it true?
If it’s true, is there a way to waive this kind of unlawfulness status by submitting specific form without leaving the states ?
Thank you so much sir and God bless you and your family.
If your spouse filed the I-730 for you while you were in the US, you should get your asylum status without leaving the US (once the I-730 is approved). At that point, even if you had unlawful presence (which I think you don’t, since the I-730 was filed while you were still in status), you could adjust status without leaving the US. In other words, once the I-730 is approved, you are treated like any other asylee – you can travel with an RTD, you can work legally, and you can adjust status without leaving the US. Take care, Jason
Hello Jason,
Really appreciate your help, I have one question if you can help me with that. I files I-730 for my spouse because I am granted asylee. 9 months ago I filed for him. Due to his medical condition we expedite his I-730 petition. We followed the procedure what ever USCIS call center Provider told us. After two month we didnot get any response and we thought may be they didnot receive it, so we send it again. Now after two months again we still didnot get any response. When we called call center to check with them, they said they don’t have any further information about processing. Is it possible we can send a letter to them through Congress Man for the inquire and speed up process?
Thank you so much. I will be waiting your precious response.
You can certainly ask the Congress person to help, and maybe that would make a difference. The I-730 process (like most other USCIS processes) seems to have slowed down, and it is not easy to get them to move faster. Take care, Jason
I was granted asylum 2018 and my i485 in pending I got RTD and wanna travel to third country to see my family only the thing makes me stop is when I applied asylum I was almost 5 months overstay question is, in this scenario if I travel through RTD is there any problem on returning? Because I was overstay when I applied asylum.
No, you will not have any issue because of your overstay.
The overstay should have no effect. As long as the RTD is valid, you should be fine. Take care, Jason
Jason, thank you for the information. I am pending since July 2015 in Arlington office, tried to expedite 2 times, and got denied. Do you have any cases pending since 2015? I feel like with backlog growing my case is going nowhere
My case has been pending in Arlington office since December 2015. I feel the same, I don’t know how long we have to wait?
I do not know, but supposedly, that office will be speeding up a lot very soon. We shall see. Take care, Jason
Mine is pending since 2014 in Arlington.
I do have some from 2015, and I was just hired last week by someone whose case has been pending since November 2014 with no interview (which should be about as old a case as exists there without an interview). If you have a new reason to expedite, you can try again, or ask a Congress person to help with the expedite request. Also, the Arlington office has announced that things will be speeding up soon and they will address their backlog cases. I do not know yet whether they will start with older cases (as they had been doing) or newer cases to get through the backlog. We shall see. Take care, Jason
Eb2 seeker & Desprate asylee,
Hope you are reading this post. Any update on your I485 cases through EB2?
Just started my PERM.
I haven’t heard stories to AOS under EB2 within pending asylum.
At what stage are you?
Same place, priority date for Perm application Dec 3rd; still waiting for the result. On one of Jason’s old post from Nov (not sure), there was a discussion between two asylees that were in AOS stage. Hope they update us here with their good news.
Dear Jason,
I am a student in F1 status and I want to apply for asylum. I have been waiting for some time now to make sure that the Arlington office gets more resources and is able to keep up with the new applications. I did not want to fall into the backlog, so I have not filed until now. The information that you have shared about the arlington office has been very helpful. Please keep us up to date regarding your recent filings. I am trying to estimate the probability of falling into the backlog if I files now, and other than your direct experience I have no other source of information, esp. since uscis stopped publishing quarterly data.
Thank you and god bless.
The most recent cases we have filed seem to be getting scheduled, but I expect we will file several cases this month, so I will know more by May or so. Take care, Jason
Dear jason!
I am a pending asylum applicant.Due to family emergency i went to third country with advance parole.unfortunately i got sick and I couldn’t return USA on time and my AP expired.what is your suggestion, i am in the third country with expire AP.
I do not know how to get back under those circumstances. Maybe contact the US embassy and see if there is any way they can extend your AP. Or talk to a lawyer in the US who maybe can advise you. Take care, Jason
Hi Jason. I am citizen here. I sponsored my mother and she got GC in 2010 and it expiring in July 2020. She travelled to her home country in 2018 and became ill there so she did not came usa until now around 14 months passed. My Question is that in this situation her GC will expire? what she should do to save her Green Card? Thanks.
By staying out more than a year, she may have abandoned the GC, but there may be an argument that she did not abandon it. Talk to a lawyer for how to proceed with such a case. Take care, Jason
Hi Jason,
Do you know if or when Newark asylum office will go back to normal in terms of case processing? since they dispatched nearly all agents to the southern border in last August, I didn’t hear their return, some people says Newark office is still empty right now. I am waiting for my decision for nearly 2 years now and seriously thinking about mandamus lawsuit.
Hello everyone
I applied asylum April 2016 . Got interview Jan 23. Today got result referral to court i hope all is well . Thanks fir your help
Hi Pal,
did you expedite your case or put your name on short list? which office did you apply?
I applied in Newark and put my self in short list in nov 2019
I had also applied for short list in November…same newark office applied in August 2016
Should I expect an interview soon?
Supposedly, Newark is slowing down now, as their officers are working on border cases. I am not sure whether that is true (they had been pretty fast recently), but if so, it may not be that soon. Take care, Jason
Hi my friend, can u tell me what is the process of short list.what is the reason.? It’s like a expedite..? Or other things..! Send any letter..? Pls..I m waiting from 2015..!
It varies by office, and most offices do not have short lists. Email your office to ask – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
I am sorry to hear this. I did a post on March 7, 2018 about the process once you are referred, if you are interested. Also, you should know that it is often times easier to win in court than in the asylum office, so there is certainly still a chance for success. Take care, Jason
I do not know – things these days are pretty confusing and it is difficult to know which office is doing what. You can contact them to ask about your decision – you can find their contact info if you follow the link at right called Asylum Office Locator. Also, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Can my green card holder wife apply for my green card ? If so do I also get mine in one year ?
Maybe – but it depends on the case, and you may very well need to leave the US to get your own GC, again, depending on the case. Talk to a lawyer if you want to explore the possibility. Also, I did a post that might be helpful on this point on August 28, 2018. Take care, Jason
Jason I’m a asylum seeker in backlog if my foreign wife apply for asylum , can she apply for me once she get her green card or do I have to wait until citizenship ? If she can , do I have to leave the country to get it ?
As long as she is not a dependent on your case already, she can apply for asylum independently. If she wins, she can file an I-730 petition for you to get your own asylum status based on her. I wrote about the I-730 process in December 2019. Alternatively, you can be added as a dependent to her case after she files – do not do that at the time of filing. Since you already have a case, if you are included in her case from the beginning, they might put her case with yours in the backlog. Take care, Jason
Thank you Jason , the thing is She has no ground for asylum .Her country of origin does not list my country in the list as to those it issue fiancé visa to. And she Also has a permanent residency in a second country which I can’t immigrate to , very discriminatory and intolerant toward foreigners specially folks from my background so do you think she can use that for the reason even though I want to be her dependent ?
It sounds like she cannot apply for asylum then. Even if she did, it sounds like she has no basis to win. Take care, Jason
Anyone knows what year is the oldest Cases that LA is still processing ?
Hi,
They interviewd cases which were filed in Feb 2015,but it was before the new rule take effect. I filed in april 2015 and still wating for interview.
I applied June 2015 in LA office and still have been waiting for my interview.I requested two times for expedition but it was denied.
I’ve never seen anyone interviews in LA office from the backlog nowadays.
Thank you Jason.
One thing which I noticed in the new statistics released by USCIS, is the total number of the asylum application filed , has been decreased since two months ago. It dropped from 7k-8k (monthly average) to 5k since two months ago. Do you believe there is any specific reason or ot is just some random finding?
I noticed that as well – the trend has been down from the beginning of the year to the end (though it was up and down for many of the months). It may be a sign that fewer people are applying, but I think it is too soon to tell. Also, remember, while these are the latest numbers, they are already 4 months old. Hopefully, they will release numbers for the first quarter of FY2020 soon, but these days, they are less transparent than before, so we may not get those numbers for some time. Take care, Jason
Jason,
I just got an email from the USCIS a reply for i730 petition expedite request, to which they say no. My question is in the email they say; ‘Our records reflect that the cases are currently in the scheduling queue for an interview.’ What does this mean ? My family are not living here it seems the response is to someone who already lives with the family in the us ?
Thanks,
Sam
I have seen before where the response does not really match the question. I think they just send standardized responses. My guess is that the message has no meaning, other than that your case is being processed in the normal queue. Take care, Jason
Hello Sam
can you please share the reason for expedite. i did expedite for my spouse 4 months ago my case was transferred two times to different centers. i did received transferred notices but did not received anything about expedite. if anyone know comment please. Thanks
Usually when they don’t expedite your case they will not answer you. If your spouse is outside of country you expedite it, mostly they consider out side of Cases for expedite.
Thanks Sam for reply, My spouse is here in US. i Do not know what is going on when i call USCIS they gave me vermont service center Address thats all they know about my case. and even when you check case processing times vermont center is not in there.
Hi Jason, thank you for sharing this info with us. I noticed from new statistics that they’re not doing that great with the backlog cases, NY has almost the same number of cases waiting in the backlog as last year.
Jason, can you advise if asylum seeker can apply for unemployment benefits? I’m worried that if I get it in future it can be seen as public assistance, and it may create problems with my future applications. I worked legally with EAD.
I do not know whether you can apply for unemployment, but I don’t see why not – you were paying into the system if you were working (though that is true for SS benefits too, which many people are ineligible for). In any case, asylum seekers are not subject to the public charge rule, so there is no worry about that. Take care, Jason
Hello Jason
Thank you so much for all the effort to help us.
I had my interview almost two years ago and since then my asylum decision been pending! What is the best thing to do?
Thanks in advance
You can contact the asylum office to make an inquiry. Email is easiest, or you can go in person (you can try to call, but they usually do not answer). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you for this useful information. My asylum case refered to immigration court in LA.I want to move permanently to SF. can i transfer my case to SF immigration court? do you know they will accept my request for transfer? LA court and SF are two seperate court or are under same jurisdiction?
Thank you
They are two different courts. You have to submit a form EOIR-33 to the court and DHS to change your address, and normally, to move a case, you need to file a motion to change venue. It is best to have a lawyer help with that. Normally, judges will agree to a change of venue when you move. Take care, Jason
Hello,everyone
Thank you Jason for helping us here .
In August 2018 I went for my interview and I have been still waiting for a decision. It’s been 15 months now since I was interviewed.Chicago asylum office has jurisdiction over my case. What is the right thing to do now after waiting for 15monts?
Some people told me that I can contact them. But how? I don’t have their email. When I check online it always says that my decision is pending.When they make a decision will the status online change? When I renew my EAD they did not the passport photo that I submitted my application with,but my new EAD came with my finger print picture,that was taken 3 years ago. Who understands that ?
Please help me!
Can I ask u how long it they take to send ur renew ead?
Hello,everyone
Thank you Jason for helping us here .
In August 2018 I went for my interview and I have been still waiting for a decision. It’s been 15 months now since I was interviewed.Chicago asylum office has jurisdiction over my case. What is the right thing to do now after waiting for 15monts?
Some people told me that I can contact them. But how? I don’t have their email. When I check online it always says that my decision is pending.When they make a decision will the status online change? When I renew my EAD they did not the passport photo that I submitted my application with,but my new EAD came with my finger print picture,that was taken 3 years ago. Who understands that ?
Please help me!
You can contact the asylum office to make an inquiry. Email is easiest, or you can go in person (you can try to call, but they usually do not answer). You can find their contact info if you follow the link at right called Asylum Office Locator. As for the EAD, I would not worry about that; I think they just use the info they already have in their system to generate the new card. Take care, Jason
Hello Jason
I have a question regarding overstaying. I came to the US on a visitor visa B2 and my admit until date was Aug 25 last year. I have been overstaying for more than five months but lass than 180 days. So, if I decide to leave the States before my overstaying reaches 180 days, what are the scenarios I will face when I try to obtain the US visa again?
Will I be subjected to bar from entering the States for 3 years?
USCIS saysIf [you overstay by 180 days or more (but less than one year), after you depart the U.S, you will be barred from reentering for three years]. However, I do not if someone has an overstay for less that 180 days.
Another question, can I apply for a waiver from being bar from inside the States without leaving it? if the answer yes, what is the form should be submitted to the uscis? Note that the reason of my overstaying is I have to take care of my disable child (US citizen) who needs taking care of him continuously day and night.
Any legal assistance is greatly appreciated.
If you leave before 180 days, there is no legal bar to returning. However, you could be denied a new visa as a matter of discretion, or denied re-entry on your current visa as a matter of discretion. Whether that will happen, I do not know, but it is possible. As for the waiver, there are too many variables to advise you about that – if you think it is a possibility, you should talk to a lawyer about the specifics of your situation. In general, a waiver is only useful if you have some other way to stay in the US, and – depending on what that is – you may or may not need a waiver. Take care, Jason
Thanks for the post.
Miami dropped about 50%, not encouraging at all.
I am not sure why. I think even in 2015, Miami had a high percentage of Venezuelan cases. You would think such cases would be fairly strong, but I only have a few (and those are strong cases) and so I am not sure how such cases do overall. The shift may reflect that Miami is now doing different types of cases than in 2015. It may also be that Miami does a higher percentage of Central American cases than other offices, and so the recent changes to asylum case law, which impact Central American cases more harshly than many other cases, is having an outsized effect in Miami. I don’t know, but you are right – it is not encouraging. Take care, Jason
Hello Jason,
My asylum case is pending in court and waiting for my final hearing. my wife is permanent resident and she will apply for citizenship in next 3 months.can she file i130 for me before she become citizen? I asked this question because if she can file for me before she become citizen, it will save time to process the i130. Does the uscis approve the petition since I’m in immigration court and my wife is GC holder?
She can file the I-130 now, and that is probably a good idea, since it can be processed at the same time as her citizenship case and will thus save you a lot of time. Once she is a citizen, you can switch into the immediate relative category and hopefully be eligible to adjust status and get your GC without leaving the US (I wrote about this on August 2, 2018). Take care, Jason
Denial rate for New York seems high. At least compared to: https://trac.syr.edu/immigration/reports/590/.
edit – sorry I was looking at immigration courts, not USCIS field offices.
It is interesting to see that USCIS and the courts tend to push back on each other in certain locations.
Ok, I should have read this before I responded to your last comment. At least we are thinking alike on this point…
Remember that the TRAC data is for courts and the data above is for the asylum offices. It is interesting, though, that the NY asylum office has the lowest grant rate and the NY court has one of the best grant rates. This is just a guess, but if the asylum office is doing a poor job, and referring cases that should be granted, perhaps the courts are correcting these mistakes. I do not know that this is the case, but I guess it is a possibility. Take care, Jason
Hi Jason,
First of all, Thank you so much for your tremendous support and help. I filed my case around 3 years ago. I dint hear anything from them. I request them to expedite my case but got denied. Now, they put my case on a short-notice list. How soon should I expect an interview from them? Here, ppl are talking getting a letter from the congressman, Will it help in getting an interview sooner? thanks and regards
Sometimes, when an expedite request fails, a request for Congress does the trick, so there is no harm in trying. As for the short notice list, I have no idea about the time frame. My experience with such lists is that they are not very short – maybe a year or two – but they are often faster than just waiting in the regular queue. Take care, Jason
It has been more than 3 and half years and it seems like they will never get to our case at this pace unless they change the policy again. I am really tired.
They are hiring many more officers, and we are seeing things pick up, at least in VA. Whether this will become a trend, I am not sure, but at least our local office has indicated that they expect to interview many more applicants and start reducing their backlog. Also, you might consider trying to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Could you please elaborate on how much the things have picked up in VA? What percentage of your recent filings have gotten interviews?
Thanks you
We changed our practice – before, we were only submitting the I-589 form and a copy of the passport, but starting in December, we are trying to file complete cases. This is taking longer, and so we’ve had fewer filings while we adjust. Previously, in the last year or more, I think we had no news cases interviewed, but this year, we’ve had at least two scheduled (one was canceled by the asylum office, but will presumably be rescheduled). I think in the next few months, we will see things picking up. There are many new asylum officers coming on-line, and all indications are that Arlington will be moving more quickly. On the other hand, this is all unpredictable, so we will have to wait and see. Take care, Jason
Hello Jason, thanks for your great job, today Uscis announced that there is new i-485 for filling cause the new public charge rules so my wife and i just have medi-Cal and my individual hearing is going to be on this coming December do you think having that insurance will effect us in the court or after approving in the court to grt green card?!
Not all types of public benefits are relevant to a public charge finding, but I do not know about medi-Cal. You would have to have a lawyer look into that. Also, the test is based on many factors, and so receiving only medical insurance may not be dispositive. In any case, if you have an asylum case, the public charge rules do not apply to you and so the new rules are irrelevant. For other types of cases, the rules may apply. Take care, Jason
Thank you so much, medi-cal is free insurance. so you said we are not effected by this new rules?
If you are an asylum seeker, the public charge rule does not apply to you. Take care, Jason
Thanks Jason
Hi Jason. I have pending Asylum case and waiting for interview. i wanna move from Tx to CA for temporary basis for 6 months for job.in new state will change driving licence too.but i can not move my case to new state.because one time my case moved from NY to TX.and this time i do not want to move to CA.can i remain my care in TX.
If you keep a permanent address in TX, you should be fine. That way, any mail can go to TX and your case will not move, and if the asylum officer wants to know why you had a job in CA, you can explain that it was temporary (and hopefully have some evidence about that). Take care, Jason
Hello Jason
I have an asylum approval and my EAD under the category A05 is expired. Can I renew my EAD again under A05 category? It is necessary to have a proof of my work authorization because some authorities do not accept my asylum grant as a sheet of paper. Do I have to pay renewal fees for that?
You can renew and you have to pay the fee (or file a fee waiver, form I-912, available at http://www.uscis.gov). Technically, you can work even without the EAD, but it is better to have it, as employers and the DMV tend to only recognize the EAD, not the asylum grant documents. Also, you may be eligible for green card, so you might consider applying, as that a GC makes life a bit easier. Take care, Jason
Hi,
Just wanted to know if it’s ok for me to call or write or fill any form to request or know my results from the interview?
I was able to connect with the rightful office over my Asylum case. Initially my lawyer wrote to expedite my case interview result but it’s almost 4months now no respond or result. I wanted to contact senator or some lawmaker to inquire for me. However I made the contact myself and was give the rightful # and email address for the office where my case is been reviewed. I contacted them and they told me that I need to get back to them in 3 Weeks if I don’t hear from them about my lawyer request for my interview results. They also told me they can only submit the result request answer to my lawyer since she requested for it. My lawyer has retired. And there is a different lawyer taking over who I believe just don’t know how I feel and the time I had waited for, it’s almost 4yrs since, I applied. The new lawyer told me, she will only request for any information after 6months, and you know USCIS takes 3-6months to respond. That’s going to be going to 5 or 6yrs to her from them since I applied.
Right now, they told me After the 3wks, when we don’t hear from them, I should do the request myself or call and they will respond to me directly base on the information I will provide.
Questions:
It this a good sign that my result will be anytime soon like within the 3wks?
Will it be ok to contact them after that time? Or will it have any negative impact when I contact them?
Or do I have to get to the lawyer to ask to try making the contact after 3-4wks or wait for the 6mths for the lawyer to make the contact and maybe another 6months for the result?
Do I need to also stay us a Congress person to request for me? If so, what do u think will be a effect if I do the request, or the lawyer, or the Congress person?
What is your advice?
I had been following the site since 2017 and seeing or happy for all those u give support to by this means. I am happy for them and thank God for u that we in our distress can ask u for advice and u can advice us no matter than condition or situation.
You had been a help to so many. Only God can reward u for ur help.
Hope to get a response from u.
I do not know when the results will arrive – that is very unpredictable and depends on the case and the officer. Since they told you to contact them again in three weeks, I think you should. I do not think it will have a negative impact on the case, as long as you are respectful. If your lawyer is reluctant to make inquiries, it is probably because she is busy and inquiries are not very effective. I do them for my clients, but only maybe every 90 days. If the asylum office indicates that they will only communicate with your lawyer, you should inform your lawyer about that and ask her to follow up. Also, you can ask for help from the Congress person. None of these ideas should have a negative effect on your case, and so there is no harm in trying. However, bugging them too much is not effective and just wastes everyone’s time. Whatever you do, at least keep your lawyer informed about what you are doing, so there are no surprises for either of you. Take care, Jason
Hi Jason,
It’s been almost 2 years and 4 months I am waiting for my asylum interview. My sons have separate cases. The 16 years old turn in 18 . Should we change our asylum case to an other state. Currently we are in New York.
It is so stressful process . I am going through lot of stress , have blood pressure, had some heart problem , using lot of medication. Can you suggest what we have to do ?.
Regards ,
You can try to expedite your case based on the health problems. I wrote about that on March 30, 2017. A letter from the doctor might help with that. I do not know that moving will make the case any faster, but if your case is in NY, that is not a very good office in terms of grant rates (which, as I discuss above, may not really mean much if you have a strong case). Take care, Jason
Hello jason,
Thanks a lot for your detailed reply.
What is your suggestion or advice for state or city where there are good chances to win ?
Where should we shift out cases ?
I am not a big advocate for moving to get a better jurisdiction. I think there is too much going on to rely upon the numbers to choose an asylum office or court. I did a post on February 25, 2016 where I discuss this question in more detail (it is the same post that contains the 2015 numbers used above). However, it does seem like you are better off in SF than in NY, for instance. Take care, Jason
Thanks for sharing this data.