My Friend Got an Asylum Interview, But I Never Did

Here’s a question that I often hear: My friend filed for asylum after me and she already had her interview. Why didn’t I get my interview yet? As with most asylum-related questions, the answer is, it’s complicated.

As you probably know, the Asylum Office is operating under the LIFO–Last-in, First-out–system. This means that new cases get priority over old cases. LIFO was implemented in January 2018 with the hope that it would reduce fraudulent asylum filings. The idea is that if the Asylum Office can quickly interview and deny fake cases, it will reduce people’s incentive to file such cases. In turn, this will lead to fewer new asylum applications, which will reduce the backlog and help legitimate asylum applicants.

Of course, things did not work out as planned. The first problem is that the premise of LIFO is simply wrong: The system is not being overwhelmed by fake asylum cases. Even if it were, LIFO provides no real disincentive for applicants to file fraudulent cases. That’s because from nearly the moment it was implemented, LIFO didn’t work. There were always too many new cases to interview. As a result, some new cases got fast, LIFO interviews; others did not. Since there was never a very high probability of receiving a quick interview, LIFO did little to dissuade the hordes of supposedly-fraudulent asylum seekers from filing their cases.

“Welcome to LIFO-land! The front of the line is now over there.”

At the same time, LIFO stranded tens of thousands of asylum applicants who had been expecting interviews, but who were cast into indefinite limbo by the policy change. For several years prior to LIFO, we had FIFO–First-in, First-out, meaning that applicants were interviewed in the order that their cases were received. First come, first served.

Aside from being more fair, FIFO was more predictable. Under FIFO, the Asylum Division published the Affirmative Asylum Scheduling Bulletin. This handy chart listed the different Asylum Offices and gave the filing date for cases being interviewed in each office. So for example, you could see that the Newark Asylum Office was interviewing cases filed in July 2014. If you filed your case in August 2014, you would know to expect an interview soon. This allowed you time to prepare. In truth, the Scheduling Bulletin was never terribly accurate, but it gave asylum seekers a rough idea about when their interview would be, and at least they could track the (very slow) progress of each office.

So what we got in January 2018 was a change from a slow but fair system, which was somewhat predictable, to an arbitrary system where some new cases were interviewed, others were randomly lost in the backlog, old cases were completely ignored, and no one had any idea when or if they would receive an asylum interview.

At the same time as LIFO was being implemented, the Asylum Division was hiring more officers, and my local Asylum Office (in Virginia) announced a plan in late 2019 to work through all their backlogged cases within two years. Whether that would have worked, I do not know, since the pandemic arrived a few months later and basically shut everything down.

Fast forward to today–four months into the Biden Administration with pandemic restrictions slowly being lifted–and it is now very unclear what the future holds for the Asylum Offices and the LIFO system. Will more asylum seekers be able to reach our country? Will large numbers of Asylum Officers continue to be deployed to the Mexican border (thus rendering them unavailable to interview affirmative applicants)? Will the Biden Administration return to FIFO?

All these questions remain unanswered, but I am not optimistic we will see an end to LIFO anytime soon. Why? Because the last time I heard anything from the Asylum Division about LIFO (back in 2019), it seems they believed the new system was working to deter fake asylum applicants. Indeed, overall filing were down after LIFO was implemented. But as they say, coincidence is not necessarily causation, and in this instance, there were other reasons that asylum filings dropped after January 2018. The most likely explanation is that fewer potential asylum seekers were able to reach the U.S. This was a time of travel bans and increased scrutiny for visa applicants. If fewer people come to the United States, it stands to reason that fewer people will apply for asylum.

With the history lesson out of the way, let’s return to our original question: Why did your friend who filed after you, receive an interview before you?

One reason you might be stuck is that you filed before January 2018. For a while, you were advancing in the queue. But then the government eliminated the queue and placed you in indefinite limbo, with no idea about when to expect an interview. If you filed after January 2018, the Asylum Office tried to interview you, but since there were more applicants than interview slots, some people got interviews and other did not. The selection process for LIFO interviews was random. If there were 10 interview slots on a given day, a computer randomly chose 10 “new” cases to assign to those slots. It was (according to the former director of the Arlington Asylum Office) truly random, and did not depend on the merits of your case, whether you were separated from family members or any other reason.

And so if you are wondering why your friend got an interview and you did not, the short answer is that your friend had better luck than you. In total, there are about 386,000 “unlucky” cases, representing about 600,000 “unlucky” people. For those stuck in the backlog, there are few options. You can try to expedite. You can try a mandamus lawsuit. Or you can keep waiting. While you are waiting, you might consider contacting your Representatives in Congress to let them know what you think about this mess. 

The news is not all bad, however. The current Administration is less hostile and more competent than the last. COVID restrictions are easing. The Asylum Offices have increased their staff, and once they re-open more fully, they should be interviewing greater numbers of people. So despite the difficulties and uncertainties, there are some reasons for hope, and we need to keep our eyes on the faint light at the end of this dark tunnel. 

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155 comments

  1. Hello,

    I applied for asylum in 2017 as a minor, I was interviewed twice in 2017 and the decision was pending. Now 5 years later , now 2022, instead of receiving a decision , I am being scheduled for another interview again, why is that? Is this common?
    I just got married last year to us citizen and we have a little boy. How will this affect my case ? Will this be a new interview ? Like my initial interview ? Why are they interviewing me again instead of sending me a decision ?

    Reply
    • I do not know why they are interviewing you again, but you should prepare as if this is a first interview. Also, if you have any notes about prior interviews, you should review those. If you have new evidence or country condition info, you should submit that prior to the interview (or at the interview if you cannot submit it beforehand). You may also want to check whether you are eligible for a GC based on your marriage – I did a post discussing that point on August 6, 2018, but you can talk to a lawyer about the specifics to see whether you might be eligible. Take care, Jason

      Reply
      • thank you for your response

        Reply
      • thank you for your response.

        i am eligible for a green card based on marriage as i enter the usa with a visa. Should wait for the decision on my asylum case or we can go head and file for a green card based on marriage?

        Reply
        • We often file marriage-based cases while the person’s asylum case is pending, since asylum cases often take forever. If the GC is approved, we inform the asylum office and close the case. Take care, Jason

          Reply
  2. Jason,

    My friend and I applied for asylum on almost the same date (I applied on 08/04/2021 at the New Orleans office and he applied on 08/09/2021 at the Newark office). He had his interview on 11/30 and I am still waiting for my interview to be scheduled. Why that? Which asylum office schedules interviews faster? Do you think it could affect my case if my interview is scheduled later?

    Thanks.

    Reply
    • It is completely random and unpredictable. That said, in my experience, the New Orleans office has been very responsive to expedite requests, and so maybe you want to ask them to expedite your interview. I wrote about expediting on March 30, 2017. Take care, Jason

      Reply
  3. I always make this post from time to time to encourage hope for asylum seekers during this stressful Journey.
    A- Applied Asylum 2015.
    B- Added myself in short notice and applied for expediate for medical condition in late 2016
    C- Interview Scheduled Jan 2017
    D- Interview Completed Jan 2017
    E- Asylum Granted Mar 2017
    F- Applied for Green Card Mar 2018
    G- Green Card Approved September 2018 with backdated green card to September 2017
    H- Have less than a year left to apply for Citizenship.in June 2022

    I- Don’t Lose hope and it will ultimately get to an end

    Many thanks goes for this useful blog. I have been an active reader for it since 2015 and it helped me a lot especially Jason. AGAIN, DO NOT LOSE FAITH

    Reply
    • Thank you for this. It is a long journey to citizenship, but it really is one of the special things about coming to the US. Once you are a citizen, you are as American as someone who was born here. Take care, Jason

      Reply
      • I want to share my “trip” through USICS, which Started back on Dec 2015

        A- Applied Asylum December 2015
        B- Interview Scheduled 14Jan 2019
        C- Interview Completed 29Jan 2019 After being rescheduled by USCIS Arlington Office
        D- From Jan 2019 to Jun 2021 I didn’t hear back from USCIS
        E- On March 2021, I emailed to “The Ombudsman Office” http://www.dhs.gov/cisombudsman, referring to the delay on my case.
        F- Asylum Status Changed on “USCIS My Case Status on Jul26 2021 to “Decision Mailed”
        G- On Jul 31 We got an EAD on my daughter name Showing Category “A05”
        H- 2051 Days ( 5 years, 7 months, 12 days) passed since my I-589 was Submitted and a Decision was Made.

        So this is my question, If USCIS would Had processed my case within a “normal” period of time, I would had applied for GC, some years ago, and I would be so close to apply for my Citizenship, I m wondering ? there is any Legal Way to claim, lawsuit or any other way to get a backdate on my “times” to apply for a GC as well on my Citizenship, due this insane and unusual Process Delay on my USCIS case?

        Thanks in advance!

        Reply
        • The time frame is very slow. However, I know of no way to have that time count towards citizenship, and I highly doubt a lawsuit to that end would work (though I have not researched the question). I suppose if you wanted to try, you could have a lawyer look at the law, but again, I think the statute will be clear on this point and so I doubt that will get anywhere (though I agree with you that if USCIS wanted to do the right thing, they would credit you for “time served”, but I suspect that that is not within their power under the law). Take care, Jason

          Reply
    • I wish if I can give a big emoji heart <3 to this, thanks for sharing and good luck 🙂

      Reply
  4. hello my best , my journey paterne , my live , all of you

    08/06/2021 . approved date for my asylum cases . thank you so much America and all of you supporting , wish you all of you happy adventure , cause I call this adventure mistrial

    08/7/20 – I-485 package mailed.
    08/10/20 – Received 797s for I-485, I-765, & I-131.
    10/28/20 – Received letter indicating RFE were applied to -485.
    11/23/20 – I-693 Medical Exam was delivered to USCIS Nebraska RFE.
    11/12/20 – order new card after passing the finger-point I-765 and 1-131 still pending
    11/17/20 – Received I-765. not the RTD Still pending.
    03/17/21- finger -point taken . for I-485
    03/30/21 – thru 04/05/2021 order RTD , Approved RTD -Received RTD
    05/17/20 – NEW CARD ORDER (HAPPY, THANK GOD)
    05/18/20 – online has been change we approved your case.
    05/21//20 – my flight time going to 3 rd party i won’t see the physical card . sad

    question what I have to do I will travel without the green card just the I-94 and the RTD

    Reply
    • Congrats!

      Reply
      • Thank you so Mina this me asylumko I change this name for now on

        Reply
    • I am not sure I fully understand this, but if you have asylum and a valid RTD, you can travel outside the US and return. Take care, Jason

      Reply
      • I believe he was saying that his green card has been approved.
        He will be traveling with RTD before his green card arrives in the mail, because he leaves for his trip on the 21st.
        The last part I also believe was a question on whether he could just travel with the 1-94 and the RTD.
        Asylumko, correct?

        Reply
        • This question just came up from a friend who is an attorney. As far as I know, there is no issue if you travel on an RTD while an I-485 is pending. However, my friend was concerned that it might be considered abandoning the GC application. I have never seen that, but if that is the concern, maybe it is worth having a lawyer look into it to double check. Take care, Jason

          Reply
        • Tina

          Yes correct that’s the question
          But I believe I will get the approval notice in my mailbox soon and I’ll take that . As far Jason concerned about his friends attorney I think this situation I m not anymore a person with AOS pending case I got approved and I m legal green card holder (correct) so if I leave my green card here just take the I 94 and the RTD with that be ok other thing if you become PR the I-94 is still available or not

          Reply
  5. Hi. I am Asylee and my Family reached USA 9 months ago by applying on i730. All Family members given i94 forms separately with stamped : Authorization for Work. We wait for their work permits but still not received. Today i checked i94 of family members that they were written by hand and numbers were not cleared so i tried to get more copy.When i tried to get copy of i94 online on websitehttps://i94.cbp.dhs.gov/I94/#/home ,putting all info record not came up.My Questions are: 1.How i can get copies i94 online of all my family members? 2. What should i do for Work permits of all Family members?We do not have Application number because they came on i730. Thank You.

    Reply
    • If your family members never completed the work permit for, they should do that – use form I-765, available at http://www.uscis.gov. The first time they apply for the work permit, it it is free and they can also request a Social Security number. In terms of the I-94, I think what you have should suffice and I do not know that there is something different. There is a USCIS form that allows you to replace a lost I-94 (form I-102), but is is expensive ($445) and I think it is not necessary. Take care, Jason

      Reply
      • My Family filled and filed i765 forms 12 months ago at the time of interview in US Embassy of my Home Country. Embassy not gave any receipt so they do not have application number. We are waiting here for 9 months for Work permit but not received yet. Though my all Family members have Social Security cards and Driving licence/IDs. How we do follow up for Work permits?

        Reply
        • At this point, probably you want to file a new form. You can include a cover letter explaining that you never got the EAD and try to avoid paying the fee (the first asylum-based EAD is free, but the second is not). Alternatively, you can try to inquire with USCIS, but it seems to me that you have waited too long, and you might be better off applying again. A third alternative, since it sounds like you have been here nearly a year, is to apply for the GC. Once you have that, you will not need an EAD, but the processing time is slow, and it will be more convenient to have an EAD while you wait. Take care, Jason

          Reply
          • Thank You. I have EAD on Catagory A05. For my Dependent Asylee Family members on Which Catagory i should Apply for EAD? What write in their Immigration status column?

          • Assuming the dependents also have asylum, they would be category a-5. Take care, Jason

    • Hi Kamran,
      Can you please share your family I-730 timeline and field office ?
      Thanks
      Mano

      Reply
    • Dear Kamran could u please the interview process? What kind of questions and documents they asked at interview?
      When was passport returned from Embassy

      Reply
  6. Hi i have been waiting for my asylum interview for five years . Finally i got my date but i am not able to gather my evidences due to international flight and courier everything locked down .and pretty much would be unable to get any documents as of now half of the country was infected corona as of today … if i reschedule how long do you think for another appointment.i have to wait?

    Reply
    • If you reschedule, it will probably only get you an additional few weeks, so it is not a long time. All evidence can be sent by scanning and emailing – if they ask for originals (which they rarely do), you can explain that you could not get them due to the lockdown. Take care, Jason

      Reply
    • Have you been sleeping for the past five years. You have had five years to collect all the documents for the interview and you haven’t done it. Now your excuse is the pandemic … really? To me you don’t sound as a legitimate asylee and probably you are using the asylum system to prolong your stay in this country.

      Reply
      • I also wondered why someone has had a pending case for 5 years, and never thought of gathering documents, knowing one could be called for interview at any time.
        Maybe, these are additional evidentiary documents.
        We should not conclude that the case is not legitimate though, because we do not know his/her situation.

        Reply
        • TINA, before I even saw your comment, I thought the exact same thing!!! Like how?

          Reply
        • There are a lot of asylum fraud from the 2 world’s most populous countries…fyi…

          Reply
          • Your racism is showing . i am not from second popolous country which i guess is india. without understand other people situation dont start judging .fyi not an indian but definitely south asian. For all i know you could be fraud too unless you are uscis you have no right to question me . I am asking jason not you judgemental people.

          • South Asians like to use racism as a detractor to real criticism……A lot of them also abuse the H1B system. I’ve noticed that this group is also crowding the asylum system. So I think it’s important to call out…

            Do notice I didn’t comment on your individual case…

          • I also don’t believe you are not an Indian…

          • I dont have to prove anything to you . dont act like you are uscis you are on same boat as i am . i think you could be fraud too and not all south asians are indian. your racism and hatred is really showing maybe go for therapy it might help you . also christians ,hindus in pakistan bangladesh are killed and persecuted and about afghanistan the civilian are attacked by terrorist groups in bhutan lhotsampas are persecuted by their govt. civil war in Nepal srilanka ,kashmiris and muslims in india are persecuted so dont think you are only real authentic asylum seeker. get mental help i am actually not an indian but i am pretty sure you have some kind of rage towards them.

          • Uh…okay. sorry. so what are you ? just curious…I mean…so that I can make sure to refer you correctly…

          • Face your own issues!
            This person has gone out of his/ her way to explain things he had no business explaining to you, and you are still spewing your ‘ I am legitimate, and you are not’ nonsense.
            He also explained that these documents he is unable to get due to COVID are additional.

            FYI: I have come to the conclusion that you have no pending asylum case, but on here to just gather information about asylum seekers and the process.

          • Pleases note I didn’t comment a thing on his individual case. If s/he doesn’t like my questions, s/he is free not to answer. I guess I am also free to be curious…It’s not unlawful to be curious right ?…

      • lol i am talking about additional evidence you judgemental .. i already have some but have some recent evidence that i can include and who gives you right to decide who is authentic and who is not real ? unless you work for uscis keep your mouth shut..

        Reply
        • Don’t be abusive in your rhetoric. Myself couldn’t understand how you’ve been waiting for a uscis interview for 5 years without being in possession of proofs for your case! It is strange. You’re very sleepy and I’m afraid that you might even forget your full name while being interviewed!! Be awake

          Reply
    • Have you been sleeping for the past five years. You have had five years to collect all the documents for the interview and you haven’t done it. Now your excuse is the pandemic … really? To me you don’t sound as a legitimate asylee and probably you are using the asylum system to prolong your stay in this country. Good luck anyway…

      Reply
    • HIMAVANTH,

      Did USCIS schedule your interview or you requested them to expediate your interview? Which Asylum Office?

      Reply
      • for people that want to know yes I expedite my case with evidence of recent development in my country . I didnt have original document which i talked about above so i send them the scanned one translated and wrote a letter mentioning i am good moral tax paying resident and also working in medical field as a nurse aide during corona .

        Reply
        • Thank you for helping. I hate corona

          Reply
        • Sleepy guy. 5 years doing nothing in preparation of your asylum case!!!
          I wish I could be among your interviewers and hear your argument!!!

          Reply
    • Can you please share your time frame, you expedite your case or not,when/ where you apply

      Reply
  7. Jason: My family and my EAD expired in April. I applied for my EAD renewal in December 2020 and got my renewed in February, after that I renewed my DL. My wife and two kids are still waiting for the renewal of their EAD. Their IDs are expired too. We need to travel by air domestically in June. I checked the TSA’s website that says that an expired ID is okay to travel within one year of expiry. I was just wondering if any other asylum applicant had a similar situation for domestic travel on expired ID. thx

    Reply
    • I do not know about that, and I suggest you try to talk to the airline to double check. In the mean time, you can make an inquiry with USCIS – follow the link under Resources called USCIS Help. You can also call them at 800-375-5283. Take care, Jason

      Reply
  8. God bless Mr Jazon.Thank you again and again. Please Sr would like to renew my EAD (third or fourth time)but lost my passport, please Sr anyway i can renew send the form without my i-94 ? If not any substitute document i can send ?
    Thank you for Helping Sr and nice day.

    Reply
    • If you know your passport number, you should be able to get a copy of your I-94 if you Google “I-94 locator”. It is better to include a copy of the passport, but if you do not have that, you can send the application without it. Include copies of other ID documents, such as the old EADs (front and back) and maybe a driver’s license. That should work, but these days, you can never be sure as USCIS is somewhat unpredictable. In any event, you can file without it and see what happens. In the mean time, you might also file a request to get a copy of your file, which should include a copy of the passport – you can do that if you follow the link under Resources called FOIA USCIS. That way, if USCIS requests a copy of the passport for your EAD application, you will hopefully have it by then. Take care, Jason

      Reply
  9. Hello Jason,
    Hope you are doing well? Your posts are really helpful for us. Recently there is news that Essential work act seems to be moving forward, do you have any idea? Is pending asylum people who work as essential worker would be able to apply for GC if the bill pass. I worked as IT support for a education institution if the bill pass will I be eligible.
    Thank you
    Sam

    Reply
    • The bill I have seen is very broad – it probably includes the large majority of noncitizens who have jobs (and their family members). I do not know the likelihood of it passing, but if it does it will benefit many people, including many asylum seekers. Take care, Jason

      Reply
  10. Hi Everyone!!

    Hope everyone is safe and sound. Is there anyone who has just been interviewed at Houston Service Center? And also is there anyone from Houston who has been waiting for for his/her first affirmative interview since 2015?

    Thank you!!!

    Reply
  11. Hello,

    Do I need an attorney at my asylum interview? How much having an attorney is helping ? If I don’t hire an attorney, would it affect me negatively? My case was filed by attorney but for the interview having an attorney is effective or it doesn’t make a difference ?

    Thank you

    Reply
    • I think it is very helpful to have an attorney prepare your written case and practice with you for the interview. However, at the interview, the attorney’s job is pretty small. So if you have limited money, I would use it on an attorney to prepare the case and prepare you for the interview. That said, it is nice to have a lawyer at the interview, to take notes, clarify any issues, and protect you in the (rare) event that the officer is a jerk. Take care, Jason

      Reply
      • Jason,
        I thought you try to take a break from here on Saturdays?
        Oh well😊

        Reply
  12. Hi Jason and fellows, I want to ask a question relating to notable counter examples. For example, if the country condition is changing and I was pointed out that some notable, famous people are of my particular social group, and they are okay. Will I be able to argue that they are more of exceptions than the rules. Because I would say 90% of the people within my particular social group could face persecution. I feel that I made a mistake by waiting in the LIFO backlog, the country condition has been, on paper at least, improving since 2019, which could derail my case. So I am extremely worried.

    Reply
    • Dear People,

      My friend had her interview and now her online status changed to “Decision is mailed”. Does it mean her asylum application got denied or maybe she got recommended approval? I know if she passed her online status should reflect they have submitted A5 EAD card and the EAD application fee is waived

      thank you

      Mei

      Reply
      • My sense is that she will just have to wait for the letter. Usually, it take a week or two to get the letter, so she should have it soon. Good luck, Jason

        Reply
      • I think “Decision mailed” can mean anything, because s/he might have missed initial updates.
        My update was “Decision was mailed” when I saw it.

        Reply
      • You may check with the immigration court case status. https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN
        if you do not want to click the link I shared google “immigration court case status” from the page you get enter your A number, If the decision is a referral you will see some information. If there is no referral it will say no case found which would be a good sign…
        Good luck

        Reply
    • I think you will have to gather evidence to show that ordinary people still face harm. We have had many cases where country conditions did not seem that favorable to a grant, but then we get evidence of the danger (maybe local news articles, expert reports, letters from reputable people) and we can present a strong case. Country conditions rarely change that quickly, and so my guess is that you can find evidence in support of your claim. Take care, Jason

      Reply
      • Thanks Jason for your opinion. I guess I am travelling through uncharted water now…

        And I really want to say, country condition rarely changes…that is almost universally true…I don’t believe in change, if ever, is for the better. Change is usually for the worse, seem to be the case throughout life.

        Reply
  13. Hello Everyone,

    I am trying to file my tax, but I am not sure if a person with a pending asylum status (EAD category: C08) will be considered as non-resident or resident ? Thank you so much

    Reply
    • just google substantial presence requirement for filing taxes……If I remember correctly I filed as a non resident the first 1/2 years in my pending asylum status and then after that I have been filing as a resident because I fulfill the substantial presence requirement for filing as a resident….Same category C08 as yours……There is a thing called substantial presence requirement which lets you file as a resident after the first year I think….

      Refer to this link
      https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

      Reply
      • Your tax associate should already tell you after 1/2 years in C08 status that you qualify to file taxes as a resident based on the substantial presence test…

        Reply
      • Hi ASYLEE,

        Thanks for your help. I actually looked at substantial presence requirement you mention on IRS.gov. But I found it is quite confusing to calculate the days or maybe it was just confusing for me. I was on F-1 status till end of August 2020 and starting September 1st, 2020 I was using EAD category: C08. Based on the IRS.gov it said that I should not calculate those days that I am on F visa, so I would assume that I will be considered as non-resident for the whole year 2020?

        Reply
        • My intuition and policy on filing taxes has always been to pay more rather than less. File as a non-resident if you are unsure but talk to your tax associate, Tax Software that is used by tax associates/professionals can actually tell you if you qualify to file as a resident. You might have to pay a little more as a non-resident. U.S government is usually strict when it comes to paying taxes. Better to pay more than less so IRS does not cause an issue later….

          Reply
          • Hi ASYLEE,

            I think you are right. Thank you so much for taking your time to reply.

    • I think Asylee may be right, but it may be worth talking to a tax professional to find out for sure. Maybe it is late for this year, but many libraries and community organizations have resources to help with taxes. Take care, Jason

      Reply
      • Hi Jason,

        Thanks for your suggestion.

        Reply
  14. Hi Jason,

    it been over 18 months that I did my biometrics for I485 application based on asylum. I live in northern Virginia. Is Arlington asylum office is responsible to process my case or service centers like Washington? when I call uscis I don’t get accurate answer

    Reply
    • The asylum office does not process a Green Card application. USCIS processes, but they seem to process cases at different locations. My understanding is that they transfer work around depending on resources. You can check the processing time for a GC at http://www.uscis.gov. Unfortunately, I think it is between 1 and 3 years, so you may have some more time to wait. Take care, Jason

      Reply
  15. Hello Jason,

    I live in Arlington, Virginia and my asylum was approved in July 2018. I applied for GC in July 2019. I am still waiting for it but since I got fingerprint around August 2019, I never heard from them. Is there anyway I can make it fast? Or should I just wait?

    last question, the citizenship year is counting starting the asylum approved? let’s say my asylum is approved in 2018 July, so, I can apply for citizenship in July 2023?

    Thank you!

    Reply
    • That has been a long time…but covid might have played an effect…

      Reply
    • 1- You may request expedite for your GC application if you have a valid reason to request.
      2- Once you receive your GC, check the approval date on it. From that date count 3 years 9 months to apply..

      Explanation: There is a rollback doctrine, USCIS will “back date” your green card (the date one year before your green card approval) and start your permanent residency from there. Five years becomes 4 years in other words. Plus there is this 90-Day Early Application Rule which will allow you to submit your application 3 months early. This 90-day period compensates for the fact that USCIS may not act on your application (call you in for an interview) for at least that amount of time.

      Reply
    • You can try to do an inquiry – there is a link under Resources called USCIS Help. Also, there is another link to the USCIS Ombudsman. I would do the USCIS Help first, and if that fails, try the Ombudsman. For citizenship, unfortunately, the 5 years does not start to run until you get the GC (though for asylees, the GC is back-dated one year, so that helps a bit). Take care, Jason

      Reply
  16. HI Jason,

    We got a notice today that my partner’s asylum-based I-485 application has finished a preliminary review and been transferred to Lee’s Summit for standard processing. They have her biometrics from the asylum case and applied fingerprints from there. Can Lee’s Summit grant the green card application? Or should we expect a transfer to a field office for an interview? Thanks for fielding this (and being so responsive to questions from your readers).

    Reply
    • USCIS announced that all GC applicants would be interviewed. Despite that, not all applicants are interviewed. So while it is possible that your partner will get an interview, it is also possible that she will not get an interview – I have observed that most principal asylum applicants do not get interviews. Some do, though, and it is not predictable, so you will have to wait to see what happens (and anyway, the interview is really pretty easy unless you have criminal or immigration violations). Take care, Jason

      Reply
      • there was an arrest in the US, but no charges filed (and arrests in the home country she fled). So, she may well have an interview. But to get the green card, does it need to be transferred back to the Texas Service Center or Nebraska Service Center? Can the National Benefits Center sign off on it?

        Reply
        • (and thanks as always for the helpful info Jason!!)

          Reply
        • That I do not know – it will have to go to the local field office for the interview, but I do not know whether it would have to go to some office before then, or if it can go directly from the NBC to the field office. Take care, Jason

          Reply
  17. Hi Jason,

    Does USCIS/DHS have access to our medical or psychological records in the U.S?

    Reply
  18. Hi Jason

    I have an important question that might sound weird: to what extent are we as asylees and asylum seekers allowed to be politically active? Like for example would attending protests in support of Palestine and/or posting a lot about it affect the outcome of our cases? do you have any idea about this? thank you!

    Reply
    • I would not…

      Reply
    • You can be politically active, but you cannot vote and there are limits to what type of contributions you can make to political parties. But there should be no issue attending protests, as long as you do not act illegally. In terms of Facebook or social media, be aware that the US government might see what you post, and if your posts are deemed to support terrorists (or people that the US government views as terrorists), that could create problems for an asylum case. So while I think there is no issue expressing support for Palestinians, you might run in to trouble if you post statements supporting Hamas, which is considered a terrorist group by the US government. Take care, Jason

      Reply
  19. Dear Jason,

    I have an individual hearing scheduled for 2022, can I apply for a travel document and travel to Europe to meet my family. I am not returning to my home country.

    Thank you,
    John

    Reply
    • No, you shouldn’t apply for a travel document to see your family, unless you don’t care about coming back to the U.S. If you leave the U.S. while your case is in removal proceedings (immigration court), you would have (un)intentionally deported yourself. If your case was with the asylum office, it would also be highly unlikely that the government would grant you a travel document just to visit your family.

      Reply
    • In general, you cannot travel and return to the US if you have a case in court (unless you are in court and still have a green card, but even then, you take a risk). If you leave, you will be considered to have deported yourself, and even if you have AP, you may not be allowed to return. It is a bit more complicated than that, because if you have an AP document, you probably can board the flight here, but once here, you could be detained, or possible just sent back immediately. In other words, if you lave, there is a very real risk that you will not return, even if you have AP. Take care, Jason

      Reply
  20. Hello, i have a question,
    My Work permit is gonna expired on july and i send my renewal on January and i got my receipt january 18th but i have not received my actual card yet, you think i will get on july or after my card expiration date or before than that and should i do. Something or its gonna be automatically issue my card?
    Thank you so much.

    Reply
    • Hi- I doubt anyone on this blog can tell exactly when you’ll receive the actual card. Renewal EADs for asylum applicants, however, can take up to 7 months to completely process. The processing times range from 2-7 months, based on what I have seen or heard. If you have not yet been granted asylum, kindly remember that you can use your EAD receipt to extend your employment authorization to 6 months after the validity of the current EAD expires.

      Reply
      • Thank you so much, when i have recipe that means i will get the actual card by mail automatically?

        Reply
    • You can check processing time in the office, that got you paperwork, online at USCIS site.

      Reply
    • Renewals are usually taking 4 to 6 months, but once you got the receipt, that automatically extends the old card for 180 days, so you should be fine. If you look at the receipt, you should see a statement indicating that the old card is extended. Take care, Jason

      Reply
  21. Hi, I also have an additional question. So, normally asylum seekers have two major opponents: their persecutors and the asylum adjudicators. For me, it seems that, prompted by jealousy and envy, some nationals from certain countries which have backlog in particular category don’t like the idea that an asylum seeker is able to, potentially, get residence faster than they do. Two of the large population countries are prominent. So, it partially contributed to the ongoing undermining of my application. From a statistical point of view, I might be standing against at least half of the world population. I know some claim that my issue is a “first world problem” (https://en.wikipedia.org/wiki/First_World_problem), basically indicating that I should not have this entitlement when someone’s basic needs is not met in…like say…third world. https://en.wikipedia.org/wiki/First_World_problem I am concerned that some asylum adjudicators think of this way as well. Should I worry about this ? I think it’s officious, based on the motive of such remark but this mindset does appear very legitimate…What’s anyone’s take ?

    Reply
    • I don’t really understand the question, but if you are worried about asylum officer bias, that can sometimes be an issue, but it is out of your control, and so probably not worth worrying too much about. Take care, Jason

      Reply
  22. Hi Jason,

    Thank you for all the efforts you put to help inform people like me. I have one question related to my i-730 petition. My wife, who is a Swedish citizen, is in the US and we are waiting for the petition to be approved. However, I was wondering if she can apply for advanced parole now. Is it something that she can do? What about after the approval of I-730, does she need travel document or advanced parole to travel abroad (she has a Swedish passport)?

    Thanks,
    AS

    Reply
    • It’s a good question. I do not think someone with a pending I-730 is eligible for AP, but I am not sure. There is a link under Resources called I-730 Family Reunification Manual. Maybe if you take a look at that, it will provide some guidance. Once she has asylum, she would probably be safer using the Refugee Travel Document to enter the US, just like any other asylee. After she gets her GC, of course, she can travel using her passport and re-enter using the GC. Take care, Jason

      Reply
  23. Hello Jason and all my asylum friends, I have a question, my husband and I are about to lose our jobs because of being asylum, Jason is this a good reason to expedite our interview? I am really exhausted and under lot of stress, it’s been 5 years that we are waiting for the interview, I can’t try short list because LA office doesn’t have one.

    Reply
    • Economic harm could be a basis to expedite, but you will probably need to convince them that you are losing your jobs due to the pending asylum case. I am not sure that will be easy, but if you can explain and present evidence, maybe they will expedite. There is no harm in trying. Good luck, Jason

      Reply
  24. Today I read that the Hispanic Congressional Caucas endorsed the Essential workers bill to permanent residence and a pathway to citizenship, which is hopefully a way that would help asylum seekers affected by FIFO and the backlog. I think that many asylum seekers who have been waiting for interviews or results of interviews have been at the same time been working and most of them are among essential workers. My question is this:
    How powerful the CHC is to make the bill pass and relieve us from the backlog. I hope if passes the Congress and then the senate it will become law and executed.

    Reply
    • There are a number of bills floating around. It seems to me that they will need some Republican support in the Senate, and that seems unlikely unless there is a compromise about the border – to reduce the number of applicants there. It seems that the situation is getting better at the border, or at least I have not heard about further trouble there, but even so, Republicans are going to want something in return for their support. My personal feeling is that such a compromise is likely the best deal we can get, and it will help many people who are here, and so I hope to see some type of agreement. We shall see. Take care, Jason

      Reply
      • Who(Which Profession) do you think/know fall into the essential workers category in your opinion?

        Reply
        • We will have to wait to see – I hope they will define it broadly to include not just healthcare workers, but also people who work at grocery stores and schools, who process food and drive buses and trucks, etc. Take care, Jason

          Reply
  25. Hi Jason sir,
    I have a question is it possible in my case that I marry a us citizen or green card holder? while my case is pending in a court for final hearing next year. Asylum office referred my case to court 2 years ago.

    Reply
    • You can marry, but whether you can get your green card based on the marriage depends on the case and on whether you marry a US citizen or a person with a green card. You would want to talk to a lawyer to go over the specifics and see what can be done, but I did a series of posts about this issue – on August 6 and 28, 2018 and September 6, 2018 – maybe those would help. Take care, Jason

      Reply
  26. dear Jason
    How can some without family separation or sickness reasons expedite its case, my case has been pending since 2014.
    1.Can I file mandumus lawsuit, is there any hope
    2.can I write a letter to expedite interview it really stress me out waiting in limbo. What can I really do.

    Reply
    • Have you tried requesting the asylum office to put your name on shortlist?????

      Reply
    • It is best to first try to expedite – I wrote about that on March 30, 2017; for some offices, you can write a letter, but you really need to contact the office to ask the procedure to expedite. You can find their email if you follow the link under Resources called Asylum Office Locator. If that fails, you can try a mandamus. Take care, Jason

      Reply
      • Question:
        Does Biden have as one of his priorities bringing back the initial application for EAD to after 150 days after one’s filing for his/her application for asylum or he will keep Trump’s 365 days?
        Trump was intentionally doing his best to make the lives of Immigrants difficult.

        Reply
        • This is one of things that is bugging me. Why didn’t the Biden Administration issue new rules about this yet? I do not know why it is taking so long. Hopefully, they will get to this soon. Take care, Jason

          Reply
  27. hello
    I have been waiting for 6 years to get interviews,I have lost all hope for the system and Admin ,whether Trump or Biden in my eyes there is no different because I continue to suffer the same way.I feel that this Biden Administration have good speech but not concrete actions especially for us in the backlog. If they see LIFO effective and fair for them frankly I don’t see what we can wait from them,
    I hope the Biden would change this as soon as they get into office, but they don’t care at all.
    My local office had no longer shortlist notice interview at least to hope for miracle I just locked in an endless darkess,darkness which is slowly killing me.
    I make me sick when I m think about my asylum issue and the problem is I can’t stop thinking about it ,I try to not but I always fail it come always to my mind as always especially when I m not doing something else.

    Reply
    • Have you requested the Asylum office to put your name on shortlist for the interview?? You have that option…..

      Reply
    • It is still early in the Biden Administration, and so hopefully we will see some policy changes implemented soon. There was (and is) a lot to un-do from Trump, and I guess that has been the priority, but they should have resources to do more for asylum applicants in court and at the Asylum Office. Take care, Jason

      Reply
    • Hi Brandy, don’t give up hope, my partner had to wait 5 years to get an asylum interview, too. If you can, it might be worth speaking to a lawyer or law nonprofit to see if there’s anything you can do, like contact the ombudsman. I’m wishing you the best and sending you all my positive thoughts!

      Reply
    • I submitted my case in 2014…got interview in 2017 … on that day it seemed the officer did not want to interview me but my attorney made sure that he did…and now it is july 2021… no reply…my attorney sent an inquiery in april…no answer so far…. LIFO… i dont get it…when will the “LAST” come if there are never ending new cases?

      All those people who were affected by backlog in 2014 should be granted assylum because of their LIFO failing decision.

      Reply
      • LIFO only applies to cases that have not been interviewed. I wrote about delayed decisions with some ideas for what to do on June 2, 2021 – maybe that would help. Take care, Jason

        Reply
  28. Dear Jason,

    I got approval from my individual hearing and applied for GC after one year. When I got approval my was didn’t get benefit from it, so I filled a petition I-730.

    Timeline:
    Got approval on January 2020
    Filled form I-730 December 2020
    Applied for Green card March 2021

    When my wife can apply for work authorization?

    Thank you,

    John

    Reply
    • It sounds like your wife is in the US. If so, she will get a work permit once the I-730 is approved. I do not know of another way for her to get her work permit. There is a link under Resources called I-730 Family Reunification Manual. You might take a look at that to see if it has any other ideas for you. Take care, Jason

      Reply
  29. I feel the same way. My ground for asylum is not common from my country of origin. So there are few to none precedent to refer to. And from my consultation with multiple resources. This ground, from my country of nationality, is also rarely heard by the outside world. The lack of awareness of my country condition is very concerning to me. And it creates a very dangerous vacuum for me in terms of legal resources or other resources. The reason being many people in my country of origin with my traits refrain from discussing or revealing it, knowing that it would lead to persecution. But if you try to protect yourself from persecution, you have no past persecution to show. And future well-founded fear is more difficult to demonstrate than past persecution. Most asylum claims from my country of origin is based on religion and political opinion or some policies, there are a lot of fraud going on with it. So I have some reservation finding legal counsel from my country of origin, because of massive fraud related to religion, political opinion, policy consequences…Also I have concern regarding whether these very people will keep my situation confidential. But when I try to engage in resources outside of my country of origin, generally, there is little knowledge of the country condition regarding my particular ground…So, I really feel that I am pretty much on my own…A uncertain future. I have been having nightmares recently, denied asylum, deported and not able to make progress in my life time goal…I don’t believe in reincarnation. YOLO. I try not to think of it too much. But I can’t help wondering if I were born differently, maybe one gene’s difference or slight tweaking…could my life become much easier…

    Reply
    • I also want to say that EB green card is not an option for me in case anyone asks. When your employer sponsors your EB cases or visas, you basically surrender your privacy. To some people, privacy is sacred and some have a zero tolerance policy regarding revealing a particular trait or identity. Reasons include discrimination, proximity to countrymen/-women from same country of origin which might breach confidentiality ,which will lead to persecution and some medical issues and accommodations that are fertile ground for employment disputes. That’s why I feel people with religious or political opinion-based asylum claims are much easier to win, particularly from my country of origin. Because they are relatable, even if there are massive fraud in a lot of them.

      Anyway, I have a feeling that I will be challenged significantly during my interview. No matter how rosy the information I get from multiple sources. And I want to prepare for the worse case scenario.

      So…may I ask, jason and fellows, if you are denied in asylum interview, denied in immigration court, denied in the board. And you have no resident relatives to fall back on, and going back to country of origin is not an option, and not considering small chances incidents that a U.S. person falls for and marries you or other humanitarian relief, U/T visas, withholding of removal and CAT all denied. What can a person do in this scenario ?, is going undocumented the only option ?

      This is obviously an uncomfortable topic but I feel it’s a fair question that I need to solicit answers for.

      Reply
      • If you lose your case at all levels and have no other relief available, you have to leave or you have to stay here unlawfully. If you leave, you do not have to go home – you can go to any country that lets you in. If you stay, you risk be detained and deported, and life is difficult since you will not have a work permit. It is good to think of the various scenarios, but it is best to focus on what you can do to win your case. Take care, Jason

        Reply
        • Thanks Jason. I appreciate your opinion and advice, and I concur that it’s very difficult to win my case (I’ve long known that but was further confirmed) and I won’t give myself false hope. I will just prepare as if I am going to be undocumented here shortly. In the same time, I want to push forward with my medical process while subsisting. May I ask how do your clients generally support themselves before they get an EAD ? Since my future will be most like this period. I believe that not every asylum seekers bring (150 days+ application wait time)’s worth of money or have relatives to fall back on. How do they make ends meet before they can work ? One way I know is … obviously…my country of origin’s way…working in a restaurant and take cash…

          But other than that, could there be any assistance available for asylum seekers or undocumented aliens ? This is also a question for my fellow asylum seekers and other recipients. How do you feed yourself while you are not able to work ? Please give tips.

          Reply
          • Some people work for cash; others have money, or have people who can help them. It is not easy. I do not know that there is much help available, but a starting point would be to talk to a local charity and see if they can refer you somewhere. I did a post with a link to charities by state on September 22, 2016 – maybe that would be a place to start. Take care, Jason

          • Thanks Jason. I guess probably working for cash then..

      • Thanks very much Jason. That is really concerning. Obviously I will do whatever I can. I can only hope for the best.

        I have some questions. Is not being able to safely make progress for a medically necessary process considered a form of persecution, in practice for the asylum interviewer and IJ ? In my country of origin, for a (series of) certain medically necessary process, people are forced to self medicate and some form of reversing therapy is regularly forced onto people against their will. I guess I am just a little curious as to how broad the definition of persecution (the standard used by the adjudicators) is, is it only limited to violence ?

        The second question is regarding advice for legal resources. So my situation is, for me there are attorneys from my country of origin and not from my country of origin. The first group has a history of making up bogus and fraudulent religion, policy, political opinion claims, (It seems that the immigration agency knows that, but somehow they still approve a lot of cases from my country of origin based on those claims, any idea why ? ). Mine is not a frivolous claim, but I am not sure…feel ambivalent about finding them to represent me, even though most of them seem to know that being of my particular social group is practically unlivable if a person wants to be him- or herself. But, I don’t know…still feel that the immigration would simply consider a case from my country of origin fraudulent by default, particularly seeing that I am represented by a same country’s national. Although not being in one of the 3 main categories could prompt them to have a refreshed look. Now, when I consult attorneys not from my country of origin, then there is a very concerning lack of country condition knowledge. I only realized this after some recent and past events and my own research. It seems both the repression of information from my country of origin’s govt and too few people making it successfully here in the U.S. contribute to this reality. And I am kind of in a limbo…I know that there are a lot of organizations that work on cases similar to my ground and obviously a lot of people work on cases from my country of origin…But when the two are brought together…it probably filters out 99% of the talent in the field…

        Reply
        • 1 – I think that not being able to obtain medical treatment generally would not be considered persecution, but it might depend on the case. If you are denied medical treatment because of your ethnic group, that might be persecution. 2 – I think knowledge of country conditions is not very relevant. It is easy enough to learn about country conditions with the help of Google. Or – in rare cases – maybe you need an expert witness. But that is easy. It is far better to find an attorney you trust than to look for someone with specifics experience to a country or type of claim. At least that is my opinion. Take care, Jason

          Reply
          • Thanks Jason, that is valuable opinion. I will take note of that and follow up when the time comes.

    • What does your attorney think?

      Reply
      • I don’t have an attorney yet. I posted a longer response above.

        Reply
    • Asylum Seeker,

      Not sure why you are so worried and scared, Most of the LGBTQ asylum cases get approved anyways specially in the San Francisco/California region. There are many Asylum attorneys who handle such cases in SF/California. The only thing that you have to prove is that you have a credible fear of life based on your LGBTQ status. Even if your case gets transferred to court, With a good attorney chances are that you will win your case. Focus your time and energy on reviewing your declarations and updating them with additional (But not conflicting) information and evidence before your asylum interview is scheduled. Ask your friends/family to obtain evidence from your home country and send it to you or gather it yourself.

      Just do your best and keep in mind when things are out of your control sometimes believing in a higher power and prayer also helps….You may not be religious but having some faith will bring you some piece of mind…..

      Reply
      • I honestly don’t know why he is making plans for when he becomes undocumented, “shortly.”
        1. He has no idea how long it will take for him to get an interview at the asylum office.
        2. Even if he is denied at the asylum office, he will still have to present his case in court.
        3. And if the court denies his case, he can still appeal.
        4. His situation might even change before then, who knows. He may find love, and adjusts his status through genuine marriage.
        My therapist always says to me, ” live in the moment, and face the trouble only when it comes, because it may never come.”
        I am yet to get to the point of living for the moment myself, but I felt it’s worth sharing.
        Everything will be alright @Asylum seeker.

        Reply
        • Thanks very much TINA. I really appreciate that. I don’t think I will be approved asylum frankly. The asylum situation has become harsher and harsher. Trust me, from my experience, when. things change, it usually changes for the worse…My country of origin’s condition hasn’t changed…It only become worse, but it gets better at hiding and lying to westerners so that their natives can’t seek asylum abroad…I only wish there could be a day that I can be myself in a land of freedom…which may never come…

          Reply
        • I like that advice from the therapist. I’ve heard it stated like this: worry is the pain before the wound. Take care, Jason

          Reply
      • Thanks asylee and tina. I have my files checked out by experienced attorneys. And consensus seems to suggest that my case is on the weaker end…The reason that I am very scared and afraid is that I will very likely face persecution if denied asylum. My country of origin unfortunately is too powerful. There is only one country in the world that can outcompete it, and that is the U.S. That’s why going to some other countries is not an option. Who knows whether my country of origin will one day demand all asylum seekers to be remanded and conditioning it with some export deal threats or sth. I don’t know. but it just feels that mine will be a challenging one. Not only do I have an asylum case pending, I have other medical process to go through, that is the biggest differences between me and other subcategories within a particular social group. Even if I am granted asylum, there is another difficult journey for me to go on…

        Reply
        • Genuine LGBTQ cases are easily won, asylum seeker.
          Why did they tell you that your case is weak?

          If your country is cruel to it’s citizens, I am sure US knows, regardless of the picture your country paints.
          Let me ask you, who do you fear will persecute you, the government of your country or private actors?
          Do you have family and friends in the US?

          Reply
          • I hope it’s the case. I chose to refrain from revealing a lot of my true identity to avoid persecution, so I have no past persecution to show. And physical violence is generally not considered a form of persecution, not able to get medically necessary treatment is also not a form of persecution. Future fear could be easily challenged and rebutted.

            https://www.colorlines.com/articles/uk-says-gay-asylum-seekers-can-come-out-closet

            What I worry is, what if the asylum interviewer say…You have been okay in the past, you will probably be okay in the future. Case dismissed, you are denied asylum. Or you don’t need to make progress in a certain medical process. It’s a choice, many people of my category doesn’t HAVE to change or other kind of reasons. I simply believe that the asylum officer will apply the strictest standard on my case. Particularly there are other entities trying to undermine my case.

            I hope so. And in fact there are some reporting related to the treatment of country condition of people of my type. But I don’t know…a lot of people working in the asylum office or courts probably see them as fake news…the DOS country report is overly simplistic and misleadingly showing a positive, upward trend, I think jason has talked about this in the past. Misleading country report aimed at deter asylum seekers.

            I don’t have family or friends in the U.S. the people persecute me have been private actors, but in the future I have a feeling that, if I want to make progress in my medical process, then governmental actors will be involved. In the private persecutor cases, you need to show that governmental inability or unwillingness to help. and it’s preferred that you report to government. But if that’s the case, why would anyone turn to the government and risk exposing themselves. It’s a catch 22 situation.

          • My experience is that the large majority of LGBT cases succeed. Many of my clients were not open about their sexuality when they were in the home country, but they came here and became open, which would likely cause them to be harmed if they returned. The absence of past persecution does not mean you will lose the case – most of my cases have no past persecution, but the people still often receive asylum. It is a question of showing who you are now, and how that will cause you to face problems if you return. Take care, Jason

          • @Asylum Seeker

            You are not the first LGBTQ Asylum seeker from your home country…Chances are that hundreds and even thousands of other LGBTQ Asylum seekers from your home country are already granted asylum or their cases are pending same as yours…………If your home country is as big as you say then chances are that there are thousands of other asylum seekers from your home country with cases similar to yours …………Even if you are some how miraculously the first LGBTQ asylum seeker from your home country then still your case will get approved If you present it with strong arguments and intelligence……..Referral to an immigration court is not always a bad thing…….Asylum officers are not experts on immigration laws or country conditions….. Their first instinct/tendency is to always refer an asylum seeker to court if they are not convinced but It is also not too much difficult to present your case convincingly to an Asylum officer….

            For example I would be more than happy if my asylum case gets referred to the immigration court because I would be more than happy to share/discuss the 30/40 reports and pieces of evidence that I have gathered for my case in the last 5 years…… Even If you don’t have any friends or family in the U.S you can try to join some LGBTQ support groups to find support and comfort if you are facing depression and anxiety which seems like you are already facing…..To me it seems that already have a credible fear of returning to your home country…..It should not be difficult to explain all these things that you have shared here to an asylum officer……

            And btw you still have 6/7 years before all of your options are exhausted….I have seen people on this forum and on other forums whose cases were rejected first by asylum officer then by immigration court then by BIA but they finally won their cases in federal courts……..If other people can persevere then so can you…..I hope and pray that your medical issues get resolved soon……..

          • Thanks asylee. I know that. It will be very hard it seems. sigh…

            btw, can we still pursue our cases after BIA denial these days ?

            https://www.nytimes.com/2020/06/25/us/supreme-court-asylum-habeas.html

          • Asylum Seeker,
            Are you from the UK?
            I am not aware of any political or religious persecution in the UK that people can base asylum claims on.
            Would you be able to educate us a little more?

          • Hi TINA…

            I couldn’t imagine any asylum application from UK…no I am not ~~~…

          • Actually – I did a post about that on September 28, 2010, if you are interested. Take care, Jason

          • Thanks Jason for the input and perspective. I will be doing more deliberation on this.

          • I apologize.
            One of your links has UK, and I hardly click on links, so I assumed based on what I could see on the link.
            My bad!

          • The UK has turned away asylum seekers of my category, claiming that “just be discreet” https://thefword.org.uk/2008/06/sending_asylum/

            You would be very surprised, even in today. A surprisingly many (I am hoping it’s not in the majority…I hope…) people still think that way. If I am unfortunate to be assigned an asylum adjudicator holding this view, it would be really concerning. So I believe people should be free to be who they are…it’s normal and I believe all the folks in here share that with me. But this notion has a popular market among people who are outside of my group.

          • If you have it at the back of your mind that this is the United States, and you are ALLOWED to go through due process of law, that may alleviate your concerns.
            Also, your chances of getting an asylum officer who holds a bias against lgbtq is 33.3%, if we group asylum officers in three categories based on your fear of getting an AO that is anti-lgbtq-
            -Anti-lgbtq AOs
            -Pro- lgbtq AOs, and
            -Lbtq neutral AOs.
            I doubt the AOs would bring bias to asylum interview, though.
            Please try and wait, and start looking for resources to help your case.
            You still have a long road ahead of you, and who knows, it may even be positively shorter.

            I must mention though that you have told your story in very contradictory ways, and I wonder if there is more to your concerns than you are saying here.
            Whatever the case, I am sure most of us here truly empathize with you.

          • Thank you very much TINA. The persecution is very severe and I am very afraid to return. I am planning to reach out to some charity organizations. One of my friend there used to be undocumented. I will be looking for advice from him. It’s always good to have a fail-safe plan.

  30. Jason, after reading your post about campaigning to get back to FIFO, I contacted my local representative, 2 senators from NY regarding LIFO / FIFO interview scheduling, and I received no response. Couldn’t reach them by phone, their offices were closed.
    I agree with you on ” new administration being less hostile ” but I don’t see them caring about affirmative asylum seekers. We are on our own.

    Reply
    • They may care about affirmative asylum seekers but they care more about their political future…Everything is calculated…

      Reply
    • Thank you for doing that – even if they did not respond, it is helpful that they received the message. I think there are many people in the Administration who do care about asylum seekers and who want to make things better (I even know some of them). Unfortunately, we have not seen much happening yet to help asylum seekers at the Asylum Office or in Court. I hope we see such changes soon, and frankly, the difference between hostility and callousness (which I still do see in abundance at USCIS and the Courts) is pretty small, and whether you are being harmed by someone who wants to harm you, or someone who wants to help you, you are still being harmed. Take care, Jason

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