Reflections and Advice from a Recently-Retired Asylum Officer

This article is by Allen Schwartz, a former Asylum Officer who now offers consulting services to asylum seekers and attorneys. He may be reached at allen.schwartz@visaconsults.com or (305) 528-6474. Learn more about him at his website, www.visaconsults.com.

After a 23-year career as an Asylum Officer with INS/USCIS, I decided to retire in late 2019 and pursue my lifelong passions, such as travel and exploring this incredible world with its wide variety of people, cultures, and languages. I also planned on utilizing my extensive background in immigration, particularly asylum and refugee work, as a consultant. Little did I know or could have predicted that a few months after my retirement, the COVID-19 pandemic struck the world in unimaginable ways and turned “normal life” upside down. As a result of the pandemic, international borders were closed, embassies and consulates were shut down, travel was severely restricted, and immigration to the United States came to an almost virtual standstill.

COVID-19 has also dramatically reduced the number of affirmative asylum cases being scheduled and interviewed at our Asylum Offices here in the United States and the affirmative asylum backlog has continued to grow exponentially. Only recently have we seen that in-person asylum interviews are being scheduled again, albeit at a significantly reduced number.

Before COVID-19, each Asylum Officer was required to interview eight cases per week, a very daunting task. Currently, the number of interviews have been cut at least in half in most offices, since the Asylum Officer, the attorney/representative, and the applicant must be in separate rooms. A recent policy change requires that interpretation must be provided by a telephonic government-contracted translator during the interview. Prior to COVID-19, applicants were required to bring their own interpreter for the interview. The future for an accelerated and expansive interview schedule for affirmative asylum cases remains to be seen. While we wait, I have prepared a six-point “best advice” list for your review–

  • Allen Schwartz

    BE WELL-PREPARED: As a rule, Asylum Officers (AO’s) are highly-educated, well-meaning and compassionate federal government employees who want to make the “right” decision in each case. From my extensive number of years serving as an AO and having conducted thousands of asylum interviews throughout my career, the best cases were those without any (or very few) discrepancies or inconsistencies. AO’s have in their possession many ways to access information about YOU and YOUR family, such as your previous immigration and visa interviews. Therefore, be as consistent as possible and be able to fully and completely explain any discrepancy.

  • ANSWER QUESTIONS CLEARLY AND CONCISELY: One of my biggest frustrations as an Asylum Officer was when an applicant would either fail to answer a question directly and/or pivot and try to redirect the interview to a more favorable topic (such as the alleged past harm or fear of future harm). During the asylum interview, it is very important for you to clearly answer each question posed by the AO and not be evasive or try to change the topic.
  • NEVER BE OVERCONFIDENT, SMUG OR CONFRONTATIONAL: In this regard, I have several pertinent words of advice–never appear to be overconfident or smug and definitely not confrontational during the interview. It is best to display humbleness and appreciation for being given the opportunity to present your asylum claim. Having a genuine and straightforward demeanor is an important element to display during the interview as well.
  • ALWAYS BE YOURSELF: The Asylum Officer wants and needs to interview the real YOU, not a scripted applicant who may (or may not) know what is written on the I-589 asylum application. Although it can be very difficult for the AO to discern if your claim is based on actual occurrences in your life, my absolute best cases have been those where there was no doubt about the legitimacy of YOUR identity and YOUR experiences/harm in your life.
  • ASK FOR CLARIFICATION: This is your one and only opportunity to present your asylum claim in front of an Asylum Officer. There is a tremendous amount at stake at this interview, particularly your aspirations and dreams. Therefore, if you do not understand a question posed to you by the AO or there is some confusion about the information being requested, please ask for clarification. You want to be certain that you fully understand the questions being asked so that you can respond appropriately and accurately.
  • DOCUMENTS: Every Asylum Officer is well-trained and is able to closely examine documents which are brought to and presented at the interview. While certain documents are essential to bring to the interview (such as your passport and U.S. visa if you were issued one), there are many other documents and written reports which may not be necessary to bring in at all. Asylum Officers know that virtually all documents, including photos, can easily be forged or fabricated nowadays and every Asylum Office has dedicated officers investigating all kinds of fraud, including document fraud. Furthermore, AO’s have considerable time constraints and probably won’t even be able to fully review all of your documents. Additionally, detailed country conditions information is readily available to all AO’s, so there is no need to bring in generalized political or human rights reports from your specific country. Bringing in extensive documents to the asylum interview can actually have a detrimental effect on your asylum claim. In most cases your verbal testimony, its consistency with your written application, and your body language will be the critical factors in deciding your case. My general advice would therefore be to submit only essential documents; actually the fewer the better.

In the meantime, I want to let you know that I have begun my own consultation business, a one-of-kind operation to assist asylum seekers at the most important part of the process–the INTERVIEW! I believe that the single most anxiety-filled aspect of the asylum process is the actual interview and what to expect during this once in a lifetime event. The asylum interview can be life-changing in many ways, primarily by giving the applicant an opportunity to legally remain in the United States indefinitely if granted or being placed into removal proceedings (and potentially being removed to one’s country of citizenship) if referred. As such, currently I am offering my services to prepare pending asylum applicants for their interview by conducting full mock interviews. If you are an affirmative asylum applicant represented by an attorney or accredited representative and would like a mock interview just prior to the actual interview at your local Asylum Office, please contact me. If you are an attorney or accredited representative who would like an enhanced level of service for your asylum seeking clients, I would be pleased to assist them by providing a complete and confidential mock interview. You may reach me at allen.schwartz@visaconsults.com or (305) 528-6474.

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122 comments

  1. […] year ago, I contributed to The Asylumist by submitting a post entitled Reflections and Advice from a Recently-Retired Asylum Officer. Now, as the number of affirmative asylum interviews continue to increase at Asylum Offices across […]

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  2. Hello Jason,
    I am not sure if submitting I-693 is required for an asylee applying for adjustment of status? Can the applicant submit it some time after the adjustment of status application?

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    • It is required. You can submit it when you file the case. As long as the I-693 is less than 60 days old when it is received, it should remain valid for the duration of the case. That does not always seem to happen, and so I recommend to people that they submit the I-693 when USCIS asks for it, or at the adjustment interview. Keep in mind tha I-693 can expire, and so do not so it until you need it. Take care, Jason

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  3. Has anyone been interviewed in Boston recently? If so which year?

    Thanks!

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  4. Hi Jason,
    My individual hearing date was cancelled more than two months ago, exactly one month prior to the hearing date, but I haven’t been assigned a new date yet. Is it normal to go a long time without a hearing date after canceling the previous one? Is it possible that my judge will be replaced? my court is in New York City.

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    • I am so sorry to hear that, can i ask you that was first time it got canceled?

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    • It is all very unpredictable. You can call the judge’s clerk and try to inquire, but they are usually not very easy to reach. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason

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  5. Hi Jason,

    Hope all is well! Pathway to citizenship applies to people in removal proceedings?

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    • I hope not…

      I’d prefer the status quo…

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    • We keep seeing proposals, but until there is some actual progress, we just don’t know. My guess is that if there is a pathway to citizenship, some people in removal proceedings would qualify – as long as they do not have criminal or other issues barring them to get status. Take care, Jason

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      • Hi Jason,
        Thank you for your great job, it always gives a hope!
        Recently was reading about possible pathway to citizenship, specifically essential workers. How do you think is it possible to prove such thing? Paystubs and tax returns do not contain information about your position at company. What if a person is working at his own business? I understand that this is something to be seen, but maybe you have thoughts. Thank you!

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        • If that becomes a law, they will provide instructions about what is needed. To prove jobs for other purposes, you submit pay stubs, tax documents, employment letters, etc. I think it will not be difficult to get the proof they need. Take care, Jason

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          • Hello Jason,

            I have beeping running a tiny business which is selling PPE items during Covid-19,and I do all of the jobs at the company.Do you think if self-employee could be one of essential workers?Thank you!

          • I do not know – we will have to see how the final law looks (if any) to see who is included. Take care, Jason

  6. Jason,
    Do you know why C08 EAD’s processing takes so long while other EAD’s in different categories are faster even when filed at the same time? What is the logic behind this?
    For example for this random receipt number IOE0910200007 which seems to be a C08 filed on Dec 3, still pending but tons of cases for different categories afterwards are all approved.
    I tried to expedite it and am denied. I went through a congress person and looks like that expedite is denied too. Even though its based on severe financial hardship.
    Can anything be done? Current processing times at Potomac are 9 to 10 months and seem to be increasing steadily for C08.

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    • The USCIS probably doesn’t really like asylum seekers … compared to other categories of potential immigrants…

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      • I really doubt that’s the case since we are paying for the renewal and it’s not free 🙂

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        • I hope you are right…

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        • You would think people who are paying a lot of money for USCIS services would be treated better. I am still hopeful that we will start to see some improvements now that there is a new director. Take care, Jason

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        • You are absolutely right @SAM!

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        • And also taxes!

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      • The evidence certainly suggests that this is the case. Hopefully, now that USCIS has a new director, we will see some positive changes soon. Take care, Jason

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      • @Asylum Seeker,
        As an asylum seeker, I have never felt that USCIS or the US government dislikes asylum seekers! Until recently we can still see that thousands of foreign people come into the US in different ways and the government still give them the right to apply for asylum, give them benefits, and then grand their asylum, then they will become US citizens some day! I am very optimistic that even the backlog issues will be resolved some day! I feel sorry for some people who can never ever change this reality I’ve addressed above!

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        • I appreciate this – it is difficult to remain optimistic sometimes, but there are still a lot of good things about the asylum system. Take care, Jason

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        • Bassam, you are certainly entitled to feel that way. Obviously, not every one in the U.S. has a problem with asylum seekers. However, we can’t ignore that fact that asylum seekers are unfairly and unethically treated by the system. As well, a lot of people in the U.S., including government officials, perhaps because of misinformation and disinformation about asylum seekers, or the longstanding xenophobic attitude toward immigrants in general, whether you want to believe it or not, would prefer not to have people seeking asylum in the U.S. With all due respect, it seems to me that you are genuflecting for some kind of acceptance.

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          • @Jamie…

            May I ask what’s your major and educational level ? I feel that your posts are usually articulate and the words you are using seem advanced…That is impressive.

    • I am not sure, but I suspect it is because they added additional requirements to the c-8 EAD application (for example, about criminal history). The Biden Administration has still not reversed that change, which is very frustrating, as it should be an easy fix (just revert to the old I-765 form). USCIS just got a new director, and so hopefully some of this will get sorted out soon. Take care, Jason

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      • I hope so too…and in particular I feel that a lot of work needs to be done to de-illegitimize immigrants from south and central American countries. The former president’s rhetoric about them being rapists and drug dealers are very off putting…

        Hope Ms. Jaddou could help bring more latinos to the U.S. 🙂

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      • Just talking out loud Jason.
        But if the EAD is a renewal, what kind of new criminal history would they find if you are living in the US, that they haven’t found in the past EAD applications.

        I understand if that’s the case for a brand new C08 EAD. I am trying to understand why other categories are moving faster. Do they not check for criminal history in their applications? For example OPT EAD’s are processed in 2 months. DACA EAD is also much faster.

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        • EADs based on other reasons (like OPT) do not have the same reporting requirements for criminal history, so that may be part of the delay for c-8 EADs. Of course, USCIS is completely non-transparent, and so we do not really know. Take care, Jason

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          • That’s concerning…

      • Hi Jason

        Will being a pending asylum applicant and essential worker be eligible under new bill they are trying to pass?

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        • We have seen a couple “new” bills over the last eight months, and so until we get closer to an actual law, I won’t be able to look at it. Under the original “new” bill, I believe asylum seekers would have been covered. Take care, Jason

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  7. Hi Jason
    I received this from USCIS in my email.
    I am also in the process of renewing my work authorization.
    Do you know what this means ?
    My case status also turned into ” interview to be schedule”; This is what I understand and please tell me If I am write.
    1. They are asking me to wait for a document which I will receive in the mail to be complete biometrics ? is this correct.
    2. Until I receive this paper for biometrics does it mean i cannot apply for renewal of work authorisation – Am I correct?
    3. This is the 3rd time renewing my work permit. why are they asking me to complete biometrics? – I am now waiting for my case interview for 5 years.
    4. When I filed my case I did it through a lawyers assistant: right now I do not have a lawyer.

    This is the message from USCIS:
    During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant’s/petitioner’s criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators. If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.

    5. Will you be taking my case Jason if possible. I do not reside in the same state as you.
    6. What is your advice right now to prepare for the interview.
    7. Does this message above mean they are also sending us a letter for an interview date soon or does this only talk about biometric.

    I got my questions in numbers so you can answer in numbers to me.
    Kayra

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    • 1 – It looks like they will send you a letter for biometrics (or a letter that says you do not need biometrics). That usually happens in a month or two. 2 – If you are applying for an EAD based on a pending application, you can file any time (normally, the I-765 form for the EAD is filed at the same time as the I-485 for adjustment cases). If the EAD is based on asylum pending, you can renew up to 180 days prior to the date the old card expires. 3 – I doubt you will need another biometric appointment, but sometimes, they are required. 4 – That is fine. 5 – We are not taking new cases at this time. 6 – I did a post about the interview itself on September 8, 2016. Maybe that would help. 7 – I do not see how this relates to the interview, but at least it is a sign that they have not forgotten you. Take care, Jason

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  8. Applied for EAD renewal in November and still haven’t got it :/. My auto-extension expired a month ago and USCIS behave like assholes.
    Completely ignore online requests, drop phones. Finally was able to get a hold a person who put a request for tier 2 personnel to take a look it, month later they shoot an auto-response email “We couldn’t you reach you by phone. If you still need help file another request.”. Checked with my mobile operator, there were no calls from them obviously.

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    • It’s a disgrace. Besides calling again, you can make an inquiry with the USCIS Ombudsman – a link is under Resources. They are not so fast, but they can help, and it is a good idea to get that process started in case you need it. Take care, Jason

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      • I tried the ombudsman as well. They did get back in 2 days stating your case is within the center’s processing times and nothing can be done and are closing the service request. The processing times have been steadily increasing.

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    • @GerogII
      Today After 166 days My 2nd Renewal I-765 is being produced and ordered by USCIS. THE never get me a chance to speak to them over the Phone. All I did was to shoot them online account messages twice with documents uploaded and in next 13 days they took action. They did mentioned that phone call thingy to me as well,which I never got any call from them. Please use your Online account to keep them sending messages. Hopefully they will work.

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      • Hello Dove,
        what center is yours at? Some centers seem to be a bit faster than Potomac for sure. And how did you upload documents online on your account? Since you have to mail them with the initial application.

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        • NEBRASKA ….. and they process January cases If I am not wrong …I did send documents with initial Application late March 2021, but then I had to upload few more documents with USCIS account to convince them myself being in emergency situation. No formal expedited letter with signature was sent. Just wrote down short message.

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          • Mine is at Potomac. It’s much longer than Nebraska in terms of wait times. I placed an expedite request and sent all the evidence on July 15 but no update yet. They keep rejecting subsequent expedite requests that agent places.

            Even if i were to upload documents on my account, if they do not look at my case, I am wondering what would be the point?

          • Alright, I also uploaded expedited request evidence on my account. I don’t think it will do much but fingers crossed.

          • @SAM
            I HOPE they respond you. I did send them two messages in the space of two weeks and both times they responded during that time. Best Of Luck ..

          • So today i got a rejected email for a referral id that they already rejected on July 29 saying we got your fax and it’s rejected. So they basically just re-sent the same email without looking at anything.

    • My friend i think you did send your application so late cause you said your extension got expired last month so best way to protect is to send application 6 months before your card get expired.

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      • I am in a similar situation but couldn’t send immediately as soon as 180 days started since i had to move apartments and didn’t want to risk address change. And my lawyer suggested i didn’t have to worry till end of March. I filed mine first week of Feb just to be on the safe side and my extension expires Nov 5.
        But potomac is processing end of Nov cases and I am worried they wont get to feb in 2 to 3 months.

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  9. Hello jason
    I will apply for my GC next month and the question of if you ever get arrested before should i send a cove letter with the i485 explaining to them the arrests i got in my country and that’s why i got approved asylum or they know it and I don’t need to send any letter as the office will review my asylum documents anyway! How it goes ?

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    • I would indicate that you have been arrested and explain in the cover letter that it was a political arrest. You can reference your asylum case, but I would not include a copy of the case, as they should have it. Take care, Jason

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    • This bill should be resoundingly rejected. It hurts Americans, it hurts asylum seekers and we need to stop it.

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    • Asylum seekers and TPS deserve nothing i mean daca deserve path to citizenship but asylum seekers deserve to get interviewed and that’s it! Would be crazy to give asylum seekers GC without first finding out they credible or no but anyway we all know the bill wont pass so there will be benefits for anyone

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    • New Law?
      I read somewhere that there is new law in place allowing an asylum seeker pending interview who has outstayed her visitor visa to marry a green card holder (not a citizen) and adjust status inside the U.S. — is it true?

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      • I have not heard of such a law, and certainly there is no new law in this regard. Sometimes, it is possible to get a GC by marrying a person with a GC – if you are in status, for example (pending asylum does not count as “status”). There are a few, rare exceptions (mostly for people who have been in the US since before December 2000), so you could talk to a lawyer to see if you can do it. Take care, Jason

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  10. Time to deport all of these asylum fraud seekers!

    https://youtu.be/YPw3Se0o2HQ

    Sooner or later gonna happen as the court approved only 12% of the cases last year and rejected 88%

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    • I read from previously that some people do need protection and will face danger if they are returned, but they are still denied asylum…

      So in this case…where do these people go ? I am assuming not everybody has the money to go to a 3rd safe country ?

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  11. Hi Mr Jason,

    I am originally from Afghanistan and been waiting for interview since 2018. Due to changes in Afghanistan, do you think they prioritize Afghan cases for expedite ? If we apply for expedite.

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    • They are expediting Afghan cases. They are starting with cases where the applicant has a spouse or child overseas. After that, they plan to expedite other Afghan cases. So if you have an Afghan case, you should get ready, in case you are called soon. However, my understanding is that they are not going in any particular order. For my cases, they have told me they want to expedite cases filed in 2015, 2017 and 2021, so far. Unfortunately, it is once again impossible to predict how they are choosing people to interview, which makes it very difficult to prepare. Take care, Jason

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  12. I applied for the asylum Nov 2017 (date on the receipt). Still waiting for the interview. Is information about backlog available? If not, is there any idea when I expect the app to interview by USICS officer? Thanks!

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    • @tom
      No body can answer you this question as USCIS still using LIFO so if you have any reason to expedite do it and try to expedite otherwise you have to wait and at the end they might reject your case and you will get deported to your country so don’t rush things until you have expedite reason to get your interview

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    • The backlog is currently over 400,000 cases. We do not have a breakdown, since they have not released data since 2019, but maybe they will release data again soon. There is no way to know when to expect an interview. Given the border crises and the influx of people from Afghanistan, if you are not from Afghanistan, I would not expect an interview anytime soon. You can try to expedite, but I am not sure whether that will work these days. I wrote about expediting on March 30, 2017. Take care, Jason

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      • Dear Jason, thank you for the response. Looks like I can only hope to expedite my case. Well, I was contacted by US army recruiter a few years ago through linkedIn. Unfortunately they needed me to have green card or US citizenship to hire me. Do you think that I can use that job offer to expedite my case as US government needs my professional skills?

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        • I smell a lot of desperation…I am already very grateful to be able to stand on U.S. soil…I don’t even dream of getting an interview or getting asylum.

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        • I suppose you can try – there are no rules about expediting, and so if you have any reason you can try. The worst thing that happen is that they say no. That has no effect on when you might otherwise get an interview. Take care, Jason

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      • Does this 400,000 include families ? I feel that’s quite a large number of people.

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        • Its actually probably about 430,000 cases by now, and since some cases have more than one family member, the total number of people in the affirmative asylum backlog is probably close to 680,000. Take care, Jason

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          • Hmmm…that’s a big number.

            Thanks Jason 🙂

  13. May I ask…

    So recently I changed my name, I have been reviewing different forms…I find that…most require names used in the past…

    Are those not optional ? Like I have to include legal names I have used in the past in…every future immigration form that I need to submit ?

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    • On immigration forms, in many cases, you are required to list all names that you have used. Take care, Jason

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      • Okay…thanks Jason 🙂

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  14. Hello Jason,
    Is it true that the new PD has been suspended? Due to a preliminary injunction issued in Texas vs the United States. What are the latest updates of new prosecutorial discretion? Would you please advise us in detail? Thanks a lot.

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    • https://thetexan.news/senate-confirms-nomination-of-drew-tipton-for-texas-southern-district-court/

      Appears to be true…I think I better pack my bag and leave before being handcuffed to … my country of origin…

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      • @Asylum Seeker,
        Don’t be worry! This will never happen:-)

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        • This could definitely happen…I feel like a lot of people want me kicked out of this country…better die…This hostility makes me sad…

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          • I hope you never think like that my friend. As far as I know, people here in the US are so kind, helpful, and highly respect asylum seekers, no matter they are documented or not. My undocumented asylum seeker cousin has been living his best life in Virginia for the last five years! He has bought a mansion, sent his kids to colleges with very good scholarships, and purchased new brand cars for himself and his wife. How come all these happen if it is not by the support of respectful US people? As an asylum seeker, I have never been a homeless or work in minimum wage for a single day! I am really grateful for what the US people and government has done for me so far and never believe that some day they will make a bad decision against immigrants! US is really my home; sweet home!!

          • Good for you and your cousin…

            It really depends…I know and confirmed that several entities/individuals are secretly working behind the scene to derail my proceedings…Too many backstabbing and betrayals…make me suicidal wuwuwu…

    • Joke aside, so if I am currently with a pending affirmative action…Do I have to worry about this injunction ?

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    • That keeps changing, but I believe PD is no longer suspended. I think if you want to make a request for PD, you can do it. The worst that will happen is that they will say no, and you can try again later. Take care, Jason

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      • This has me concerned…

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  15. Nice post. Seems like a worthwhile service for many asylum applicants.

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    • Thank you. If you know of any asylum applicants wishing to have these mock interviews, please pass on my contact information. Best regards-

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      • Hi Mr Allen I have called you and leave a voicemail on the given number, hope to talk to you soon.

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  16. When will Biden pick a new Supreme Court Justice ?

    I did some check and find out that the new conservatives Justices or Judges are unconventionally young. Did the former President do it on purpose to impede the progressive and pro-asylum development ?

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  17. I am very afraid of a Trump re-election…

    https://news.yahoo.com/trump-consoles-mother-marine-killed-212800074.html

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  18. Hello Asylumist community,
    I reside in California. I have applied and currently waiting for a GC based on an approved asylum case. Yesterday, I have received a “P-EBT” card from the state of California with my son’s name on it. I am not that expert as I have never heard of this program before. The bottom line of it is that, if you activate the card, the state will dump $500 as a one-time payment into the card and this will be an available balance for me to buy groceries for my daughter.

    Here is the P-EBT description
    https://www.cdss.ca.gov/home/pandemic-ebt

    The question is, how would this program affect any ongoing application like the GC or a proposed future-based application like naturalization? To be specific, is this government assistance? Is it part of what so-called “Public Charge” or any similar immigration bar legal item?

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    • The test for this should be:

      Do I need it or not.

      Immigration status or future eligibility should not be barriers of your current use of benefits.

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      • I need it. But if it will make a public charge, then I prefer not to eat, and I will give my grocery portion to my daughter.

        My case was put on-hold for 8 years for such silly reasons. I followed the human sense at that time which yielded in asylum-bars. Logic has no place here. It is all about LAW. If law allow me, I will take it. If law puts me under the public charge group, then I will not take it. This way, I will abide the law and everybody will be happy. Less work for immigration officers. Faster processing of my paper work.

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        • Hi Jason,

          I have pending decision asylum case. I am on a F-2 status. I have got SSN and EAD based on my pending case. Today when I went to DOT to renew my DL, the person asked me if I have a SSN now (last time I got my DL, I did not as I had no work permission). I said yes and after entering my SSN to the system, he said based on the inputs from INS system the expiration date of my DL would be in 6 month which is the expiration date of my EAD. My F2 I20 is valid till 2024 and my husband got his DL extended for 2 years. So why my DL extension should be till my EAD expiration date. I have not used my EAD and I am not planning to renew it then how can I renew my DL. I have a valid F2 I20 but DOT said your EAD superseds your F2 status based on INS system. Does this mean my F2 status is no longer valid?

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          • That may be peculiar to the particular DMV, so I do not know. Maybe if you do not renew the asylum-based EAD, the DL will revert to the DL based on F-2, but I really have no idea. One option is to just renew the asylum based EAD. If the fee is a concern, maybe you can qualify for the fee waiver, form I-912, available at http://www.uscis.gov. Alternatively, I think you will have to try to talk to a supervisor or legal advisor to the DMV to see if they can give you a better solution. Take care, Jason

    • It would have no effect on the GC. The public charge rule from the Trump era is no longer in effect, and even if it were, it did not apply to people who got asylum and are applying for a GC based on asylum. So there should be no problem for you to accept the payment. Take care, Jason

      Reply
  19. Every asylum case is unique and I would be pleased to consult with you regarding your particular situation. For applicants waiting in the seemingly never-ending backlog there are options available to expedite your case. Please contact me at allen.schwartz@visaconsults.com or (305) 528-6474

    Reply
  20. Hi, After a long waiting (2 years) from my interview date I received NTA (Notice to appear) on August 2021. The scheduled date on Form I-862 is at the end of September 2021, but, my lawyer told me,my schedule is on October 2022
    Q1. Is it possible to check the scheduled date online? Are they reschedule without notifying me?
    Q2 Can I change my case fully or partially?
    Thank you

    Reply
    • 1 – Yes. There is a link under Resources called EOIR Case Status. You can check there. You can also check by phone: 800-898-7180. 2 – I am not sure what that means, but it may be possible to request a sooner date. Such requests are often denied, but you can try. I wrote about that on April 20, 2017. Take care, Jason

      Reply
    • Hi markos

      May I ask why you were directly referred to court ?

      Reply
  21. Hello everyone,

    I applied for my green-card application from Texas and after 18 days I received a notice of action that my application got received and also the notice saying that they applied my previous biometrics so I don’t need to do again biometrics. Is this normal or something new happening. Thank you.

    Reply
    • And also my application service center in notice of action is Nebraska.

      Reply
    • Asylee, Jason will respond soon. To the best of my knowledge, this is pretty normal.

      Reply
    • The biometric notice seems faster than normal, so maybe it is a positive sign (though with the TSC, there are rarely positive signs). Take care, Jason

      Reply
      • Texas service center is speeding things up, because they are expecting a VIP GC application from moi😊

        Reply
        • @Tina
          Keep dreaming lol you will wait another 2.5/3 years to see the GC in your hand! Texas service center is a dead bounce cat lol

          Reply
          • Unfortunately, Nick might have a point. It looks like Texas Service Center is a rogue agency within the agency. Not even the change in management (A new Director) is able to get things moving faster there. Just look at the debacle of their handling of the EB2 visas.
            Until a serious, thorough audit of that center is performed independently of the whole agency, I’m afraid things will remain stagnant there.

        • I am allowed to dream, lol.

          Reply
    • The biometric notice seems faster than normal, so maybe it is a positive sign. Take care, Jason

      Reply
  22. I really appreciate for your article, dose anyone gave experience about individual hearing? Could you please share what’s going on and what kind of questions you were asked, thank you.

    Reply
    • If you mean an individual hearing in Immigration Court, I wrote about that on September 25, 2019. Take care, Jason

      Reply
  23. Hi Jason,

    Can we apply for EAD renewal 6 months before expiry.

    Thanks
    Ali

    Reply
    • Hi Ali,

      No, you cannot. You can only do 180 days before expiry. I thought it was 150 days actually and applied on that mark. Big mistake on my end. My extension expires on Oct 5th and I still don’t have a new card. Luckily today status changed and my new card has been produced now and I hope to receive it next week. I also recommend everyone who is waiting on their EAD to call USCIS and ask about your case. Maybe I am lucky, but I had the most pleasant experience with person I was speaking with. My case status got updated next day after a call.

      Reply
      • when you file in for renewal what date

        Reply
        • Well, math is easy from my response, but I’ve applied in Nov last year

          Reply
          • Well let me do the math…. You applied Nov last year and you just got and update says your card’s been produced and October 5 is the last day calculating,,, calculating sh…t how this will work. You should leave the country according to my calculation by Sept 5th of this year.

          • Which Center?

    • The earliest you can apply is 180 days before the old card expires. Take care, Jason

      Reply
      • @Responder. There is not need to use curse language. We are all here trying to help each other and give advise. If you read my post and actually do math you will get following result: Extension Expiration 10/05/2021 – 180 Days = 04/08/2021 (That’s also the date of my old EAD expiration)
        04/08/2021 – 150 Days = 11/09/2020 (Date when I’ve applied for renewal). I think I’ve applied even on the later date as my receipt notice was as of 11/25/2020.
        I hope it answers your question @Responder and also motivates you to revisit middle school math class. Best of luck with that.
        @Mario, I think they all go to the same Service Center at Potomac. That’s where all my renewals went. Let me know if you have any other questions.

        Reply
        • Thank you, my service Center is Nebraska

          Reply
      • Thank You Jason!

        Reply
  24. Thank you for sharing.

    Reply
  25. thanks! it remains only to wait for the interview. I have been waiting for an interview for the seventh year (New York). Apparently, I will die in “pending interview” status.

    Reply
    • Alex, I got my interview with help of my attorney using mandamus. I got mine scheduled for next month within a week. My interview was done in May 2021 and waiting for decision. All thanks to Jason and people sharing their experiences here on this platform.

      Reply
      • Ron, awesome! Good for you

        Reply
      • Ron, congrats on your interview, hopefully, you will be granted soon. Can you tell how much did you spend on the Mandamus and how long it took to get the interview notice after you filed the mandamus lawsuit?

        Thank you,

        Reply
        • EB2 Seeker, it depends on your legal advisor how much he charge to file mandamus for you. I received a call in a week.

          Reply
          • Thanks Ron

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