USCIS recently issued its Fiscal Year 2022 report (covering the period from October 1, 2021 to September 30, 2022). The report discusses USCIS’s efforts to dig itself out of the hole created by the pandemic and the prior Administration, and sets forth plans for the current fiscal year.
There were some positive developments during FY2022 and most of these relate to the immigration agency’s efforts to reduce its various backlogs (though this report does not discuss the asylum backlog) and to address humanitarian crises in Afghanistan and Ukraine. These developments were made possible with the help of Congress, which appropriated additional funds for USCIS’s mission (USCIS normally receives more than 95% of its funding from customer fees). The agency notes that for FY2023, “Continued congressional support is critical to eliminate current net backlogs and achieve a robust humanitarian mission, while a new fee rule will help prevent the accumulation of additional backlogs in the future.”
The agency reports that several backlogs have been reduced, most notably, the naturalization backlog, which was reduced by 62% in FY2022. More than 1 million people received U.S. citizenship. This all comports with what we are seeing on the ground–citizenship cases that previously took one year or more are now usually taking about four or five months.
Another positive change is the automatic 540-day EAD (Employment Authorization Document) extension. I wrote about this in May 2022 when it went into effect. As a result, work eligibility was restored for about 60,000 people whose EADs had expired under the old rule due to USCIS processing delays. The overall processing time for EADs is also going down, though EADs based on asylum pending still take well over a year. Of course, there is an easier solution here: Make the EAD valid for as long as the asylum application (or other USCIS application) is pending. While this would resolve the problem and free up USCIS resources for other tasks, it does not seem to be on USCIS’s agenda.
The report also highlights some positive developments for employment-based immigrants, which may benefit some asylum seekers who are eligible to get a Green Card based on their job.
In terms of its humanitarian mission, USCIS has been assisting people from Afghanistan in a variety of ways: The agency has “completed over 92,000 EAD applications [for Afghans], almost 2,500 Adjustment of Status applications, over 2,700 asylum applications, over 15,000 Special Immigrant Visa (SIV) petitions, and over 7,000 family-based immigrant petitions as of mid-November 2022.” In addition, “USCIS interviewed over 6,250 refugee applicants from Afghanistan [refugee applications are adjudicated overseas and are distinct from asylum applications, which are processed in the U.S.], completing decisions for over 2,000 applications, and adjudicated Temporary Protected Status (TPS) requests filed beginning in May, when the country became eligible.” This was a major effort and USCIS should be commended for its work, especially given the large numbers of people and the tight time frame. Of course, much of this would have been unnecessary if Congress had passed the bi-partisan Afghan Adjust Act, which would have (and may yet) provide status for Afghans evacuated to the U.S. after the Taliban seized control of their country.
USCIS has also been involved in the Uniting For Ukraine (U4U) program, which allows “supporters” in the U.S. to sponsor Ukrainians to come to our country: “USCIS has confirmed the financial suitability of over 177,000 supporters… and over 82,000 Ukrainians and their immediate family members have been paroled into the United States under the U4U process.”
On the asylum front, the report has less to say. It notes that DHS and DOJ published a final rule, “which allows for the transfer of jurisdiction over some applications for asylum for individuals subject to expedited removal from EOIR [the Immigration Court] to USCIS [the Asylum Office], and swift review of those protection claims.” While this might help the government remove asylum seekers more quickly at the Southern border and alleviate some of the burden on Immigration Judges, it will also increase the burden on Asylum Officers and likely cause the affirmative asylum backlog to grow even more quickly.
Looking to the future, for FY2023, which began on October 1, 2022, USCIS plans to simplify several forms, including the I-765 (EAD), I-485 (Green Card), and N-400 (citizenship). I’ve written about this issue before–many USCIS forms are poorly designed, confusing, inconsistent, culturally insensitive, and inefficient. Hopefully, the re-designed forms will make life easier for applicants and for USCIS.
USCIS has also begun accepting asylum applications (form I-589) online. The procedure is a bit awkward, but online filing will make the process more efficient and will allow applicants to receive an immediate receipt (a dramatic improvement given that some receipts take six months to arrive). Other services will be moving online as well, including case status updates for refugees and humanitarian parole applicants.
In another long-overdue move, USCIS plans to improve wait times for Advance Parole. Hopefully, this includes Advance Parole for asylum seekers, who are often stuck in the backlog for many years and who sometimes need to travel during this period. While they are at it, I hope USCIS will increase the validity period for the Refugee Travel Document, which is currently only good for one year. Also, why not simply issue the RTD whenever asylum is granted?
The agency also plans to improve efficiency and transparency for other types of humanitarian applications, such as VAWA, U visas, and T visas.
This is an ambitious agenda, and I wonder whether it will be undermined as anti-immigrant Republicans take over the House of Representatives next year. The good news is that user fees make up most of USCIS’s budget, and so even if Congressional funding is cut off, the agency should still be able to continue moving towards its goals. Let’s hope so, as there is much to be done.
Jason,
I will submit the I-485 asylum based in May this year. So, apparently, some people are sending the Medical Examination with the initial application and they are getting the GC sooner. Also, I did read a USCIS notification asking to submit the Medical Exams along with the I-485 form to speed it up. What do you think and recommend about that? Should I send the Medical Exams with the initial application?
Thanks,
JJ
I have not heard about such cases going faster and I am pretty indifferent, as I do not think it makes much difference. That said, there is no problem filing the medical when you file the I-485, as long as it is dated close to the date that you mail it; otherwise, it could expire while USCIS processes the case. Take care, Jason
Thank you Jason. Do you know the average time to get approval for Green Card asylum based?
I do not know if there is any published average time. We see most cases take 2+ years, but I have been hearing about some cases going much faster. Take care, Jason
Jason, your blog has kept me going (and entertained at the inadequacy of the immigration system) since 2013. I’ve taken your advice to expedite my asylum case, to build my case in immigration court (after my case was moved there), and how to even go about marrying my long-term USC partner and the I-130 process. 10 years later, I finally saw the “Case approved” notification for my I-485 on the USCIS website!
I’ve been married 3.5 years and it’s been nothing but chaotic to get a response or interview date since I had a pending asylum case in court but I hope this is a new start. I contacted my congress rep to expedite my case and she said “USCIS doesn’t take congressional representation,” but they clearly did, since I got the response 2 days later.
Thank you thank you for all that you do, you’ve really kept me going through some of my worst times. I wish you all the very best.
Thank you for the kind words and I wish you good luck – and speed – to finish the journey. Take care, Jason
Hey Jason
I was supposed to renew my ID at DMV , I submitted all documents required ( I had my asylum interview in September) but the answer I received from DMV is that “ USCIS identified this applicant as an asylee, we need the I-94 or letter from immigration court granting asylum”
I didn’t receive anything from USCIS. What is the meaning of this ?
For some reason, on occasion, the DMV checks a person’s case and finds that USCIS is reporting that asylum is granted, but that person has not yet been notified. It is not a guarantee that asylum is granted, but hopefully it is a good sign. The problem is that USCIS has not notified you. You can email your local asylum office to tell them what happened and ask about your status. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi,
I’ve filed my affirmative asylum application in 2018 and my case has been pending ever since without an interview at SF office. Do you guys have any experience expediting or shortlisting with SF office?
I have not done that in a while, but the SF office used to be pretty good about expediting. I doubt it is easy to expedite there now, as the whole system is a disaster. However, you can try. I wrote about expediting on March 23, 2022 – maybe that would help. Take care, Jason
Thank you, Jason!
Dear Jason,
Hope all is well,happy new year 2023.
My master hearing is pending since last year and I don’t know when we will call for master hearing or final hearing. Now I have a question can I apply for job in other countries me myself and other members in asylum applications.
I look forward your response.Thank you.
Jhampa
Happy 2023! If you leave the US while your Immigration Court case is pending, you will most likely be considered deported and you will not be able to return, so if you wanted to leave, you can do that. If you wanted to try to resolve the case more quickly, you can try that too – I did a blog post about trying to advance the final hearing date on April 20, 2017. Take care, Jason
Hi Jason,
I filed early this month for asylum based GC, EAD and travel documents from Chicago. Today, I received the receipt and the receipt number for all 3 cases starting with MSC where is Missouri service center now known as national benefits center. As far as I know, the asylum based I-485 case normally processing in Nebraska and Texas service center. Should my case transfer to this 2 center later on or may be processing in MSC? How to check MSC processing time if not transfer to another service center? Also, the I-485 and I-765 case status shows that case was updated to show fingerprints were taken. I am wondering, I did not took my biometric yet since filled I-485 and I-765, does that mean previous biometric for asylum application counted for this case too?
Happy Merry Christmas to you and your family!!!!
Merry Christmas! I do not follow USCIS’s internal processes for moving cases around, so I do not know where the case will be processed. We have seen most such cases take 1.5 or 2 years, though supposedly, things will be getting faster. In terms of biometrics, USCIS is re-using biometrics for most people who have already done them, and so that is probably happening in your case as well. Take care, Jason
Hi Jason. So I recently got my green card through asylum. I just applied for i131 re entry permit as I do not have a valid passport from my country that I’m fleeing persecution. My question is, will I be allowed into a Canada without a visa with the re entry permit and my green card only. I want to visit my girlfriend in March.
The better document for you is the Refugee Travel Document, which can be used instead of a passport. As far as I know, Canada accepts the RTD like a passport (and I think this document is discussed on the Canadian embassy website). I am not sure whether they would accept the re-entry permit, though it does look similar to the RTD. You might check the embassy website about that or call the embassy. Also, maybe you can enter Canada with the GC only, but I am not sure about that and have always recommended that my clients also have an RTD or passport. Take care, Jason
Hi Jason
Hope all is going well with you, My GC application based on granting asylum has been pending for more than 2 years now. I was considering filling a lawsuit to try to expedite the case, based on USCIS website the estimate time for these kind of cases is 3 years, do you think I should wait for 3 years to file the lawsuit or you think that my case is already late and I should file now? Thanks
I do not do such cases, but my understanding is that since the case is still within the “normal” processing time, such a lawsuit can fail (though talk to a lawyer who does such cases to be sure). Also, before suing, you need to exhaust your remedies, which means inquiring with USCIS Help and the USCIS Ombudsman before you sue. There are links to those under Resources. Finally, we see most such cases take 2 or 2.5 years, and so hopefully, even if you do nothing, you will get a decision soon. Take care, Jason
They used to allow entry to Canada by land with green card alone without passport. I drove to canada once through Buffalo with only green card with no issues at the beginning of 2022. Looks like they start requiring a passport starting from April of 2022 according to their website, however some people with green card are still entering to canada by land without passport. Just wanted to share my experience
Thank you for this – it is best to check the Canadian embassy website, as that should have up-to-date info about the entry requirements. Take care, Jason
Hi Jason,
Thanks for your great forum.
I have a question: “Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, Congress provides that officials of foreign governments and their immediate family members are ineligible for entry into the United States when the Secretary of State has credible information that the foreign official has been involved, directly or indirectly, with significant corruption and/or a gross violation of human rights.”
My question is who does the US department of state consider “immediate family members”? Is “neice” or “nephew” considered immediate family members based on Department of State?
I don’t know, sorry. I doubt they would have the capacity to connect a niece or nephew unless the information about the principal and the family member was very public, but I have not dealt with this issue and do not know. Take care, Jason
Thanks for your reply, Jason. What if an asylum seeker is a family member of a such foreign official? Is the person barred from ASYLUM and the Green Card based on being a family member (niece or nephew) of such a person?
I doubt it – and I have never heard of such a thing, nor is it included in the list of “bars” to asylum in the law. I would expect that unless there is some evidence of bad conduct, a relationship with an uncle is unlikely to block a person from getting asylum. Take care, Jason
Is gang violence a ground for asylum ?
Potentially, but you still need to show “nexus” (meaning that the harm is on account of a protected ground). Take care, Jason
Now that title 42 will be in place. Does it mean the situation will be better than expected regarding the border ?
If Title 42 is in place, it means that fewer asylum office resources will be deployed to the border, so it may make things easier for some affirmative asylum seekers. Take care, Jason
Hi Jason. I am Green Card holder on basis of Asylum. I am going to marry with some one from my native country in Asia. To bringing her to USA, I have to fill form i130 form and form i485 together?
If the person is inside the US, you may be able to file both forms together, but it depends on the wait time for a visa and whether your spouse is in valid immigration status – talk to a lawyer about that, and you can also see the wait times if you Google “DOS visa bulletin.” If the person is outside the US, and you are legally married, you can file form I-130 and the person can process the case at the US consulate. Take care, Jason
Hi Jason!
I am scheduled for interview. The USCIS office is 10 hours away from me, so I will have to travel there. I have a 2-year baby who I breastfeed. I want to know if I am allowed to bring the baby with me at interview. Anybody else can help if you have had the same experience before.
Thanks!
If the baby is a dependent on the case, you must bring the baby. Otherwise, it would be much better to not bring the baby, or to bring someone with you who can watch the baby while you are in the interview. I guess if you have to have the baby with you, you can do that, but it can be very distracting and most asylum officers would prefer that the baby not be with you during the interview. Take care, Jason
Hello Jason,
The live chat agent told me that a service request has already been created for no updates after I have responded to the RFE (Medical). They said I can expect up to 30 days for a response to my service request. Does it mean that they will assign another office to work on my I-485 application? Do I need to keep checking the online case status tool or I should expect a mail after this update? Thank you!
With USCIS, you can never know for sure. Probably, they will just process the case, but if not, I guess you can follow up after 30 days or so. Take care, Jason
Hi Hani,
I just want to share my experience so far.
I received the medical RFE in about 2 months after USCIS received my application, and responded well over 120 days ago. Still no update. How long after you applied did you receive the RFE?
About 2 months ago, an agent opened a service request for me., and I was told that a response could take 30 days. After about 35 days,I would receive a message that USCIS would either call or email me to provide response. None of that happened. It was on the third notification (I believe) that I received an email response that literally said nothing – “we have no additional information”.
For you and others that are waiting for I485 adjudication, this might be a good resource to ease your anxiety a bit, if you are not aware of it. Do a google search of “hilites today”.
Here is what you can do to see how your timeline compares to others who have been approved or waiting.
On the menu, there is an option to run Query. I usually select the 500 option. Change the case type to I485. You may be able to get an “insight” that will honestly not make any sense, because I have not been able to decipher the order that they adjudicate these cases.
For instance, some cases before mine show either “rejected”, “response to USCIS RFE received (at different times)” , “approved”, “case was received” etc., and fingerprint fees show the same date.
Further down, a lot of cases with numbers after mine were approved 3,4 months ago and even late last month. Same fingerprint date as mine. One case number a couple of hundreds before mine was approved last week.
Now, this may not be accurate and is only an opinion, but I noticed that most of the recent cases that were approved within 4-5 months did not have RFE updates. They went from Fingerprint to approval. That makes me wonder if including medical to application made the process faster for them.
Some people here might already be aware of this site, but I just thought to share, for people who might be interested. It’s been a good distracting “puzzle” site for me.
As a side note, I find it difficult to complain about the green card delay, because some people who applied for asylum about the same time I did are either still waiting for interviews or fighting in court.
Moreover, I am exhausted with USCIS as I approach a decade of what I thought would be a straightforward process.
Good luck to everyone that is still waiting.
Interesting – I did not know that website before. I am not sure how they get their info, but if it is accurate, that is very interesting. Take care, Jason
Thanks for your input, Tina! I actually received the RFE 11 months after my application. This waiting game has been the worst thing in my life I have been dealing with so far!
Hi all I have 2 questions
1- My Wife will get back to the US next Friday ( She is dependent on a Refugee Travel Document – I was the Asylum Applicant ) Does she need Proof of COVID-19 Vaccination for Air Passengers? Or she is considered a U.S. immigrant?
If yes can you plz send me a link to show the airline boarding staff?
2- I’m going to apply for EAD next month – It’s my first EAD based on Asylee. Do I need to pay or it’s free even for the biometric services fee?
Thanks
1 – As far as I know, this is not needed, but I have not looked into this since the summer. She should check with the airline to be sure. 2 – If this is the first EAD based on asylum granted, category a-5, it is free and there is no biometric fee. Take care, Jason
Hi Jason and all of you, my application is pending since early 2016 and No interview yet , I’m thinking to file writ mandamus and i have question about it and i hope you can clear it for me please .
Once i file and lets say schedule interview – do mandamus “force” them to make decision as well (grant or not) or it just “force” them to schedule interview and wait again another year or two for decision ? …
Generally, they settle the mandamus lawsuit and provide a timeline for the interview and decision, so basically, it forces a decision. However, sometimes, they cannot make a decision due to background check delays and that could interfere with the schedule. All this can be negotiated as part of the mandamus settlement. Take care, Jason
Hi Jason,
Thank you for all your help.
Quick question, how long will usually take for an expedited asylum interview (approved) to be scheduled at the Arlington Asylum office?
Thanks,
Sometimes, it gets scheduled very quickly, but lately, it seems to take a few months (and potentially a reminder email). Take care, Jason
Thanks Jason,
Be blessed!
Hi Jason
I would like to know, if someone lives in the US and wants and if filling to sponsor their fiancee who lives in Canada. Do they file an I-130 and what are the correct fee is $535 or $535 + $85 biometrics fee?
Or if they need to file I-485 and an I-130 and what are thr correct fee would be $1140 +$85=$1125… or $1140 + $85 +$535=$1760?
Thank you so much
The form for a finance visa is the I-129F. You would have to check the fees at http://www.uscis.gov, but it depends on whether or not you are already married (most lawyers would advise if you are married to file only the I-130, but it depends on wait times, and I am not familiar with those). The I-485 is only for people who are here in the US, so one path is for the fiance to come to the US using form I-129F, then marry the US citizen, and then file the I-485 to get a GC, but all this depends on many different factors and your goals, and so it is best to talk with a lawyer to know how best to proceed. Take care, Jason
Thank you so much for your response Jason
Hi Jason and All,
My affirmative asylum application is pending for interview since 2015 houston, tx. Recently I received the ASC letter for biometric for my kids who are under 12 years of ages. Does it mean my interview date is coming soon or nothing?
Thank you
I do not think it necessarily means you will get an interview soon, but just in case, make sure you are ready and have all evidence. I did a post about trying to expedite the interview – on March 23, 2022 – maybe that would help. Take care, Jason
Hello Jason,
I have been following you from 2015 and your resources are great. Thank you
I got my asylum interview in May 2 , 2022 and since then waiting for result. Every time I try to contact asylum office personally or by email, the result is frustrating. They says each person have different case and I have to wait . They always says to come back or write back after 3 month. It’s a frustrating situation.
Do you have any idea I can do from my side. Also , I have found two news articles about Maoist propaganda in Nepal after my interview. Is it relevant if I again send those two news paper article to the asylum officer ? Or I just wait for the result from officer as submitting more document again might delay the decision again to review those. Can you please suggest further steps from my side. I don’t have personal lawyer and had given my interview myself which I regret as I heard lawyers presence always makes some difference.
Thank you in advance for the care, love and affection
I doubt a lawyer would have made the decision faster, as most decisions seem to be very delayed. If you have new evidence that you think is relevant, you can submit it. We only do that if it is something very important for the case, but that is up to you. In terms of getting a decision, I did a post on June 21, 2021 with some ideas – maybe that would help. Take care, Jason
Hi Jason,
My IH is not going well and I am worried that I will be ordered removal soon…
I am wondering is it possible for ICE to just arrest me right out of the courthouse ? I’ve never been detained…I am just worried that I will be taken into custody before I can even file a BIA appeal.
I have not heard about that happening to a person who is not already detained, and so I think it is very unlikely. Normally, if you are denied relief at the IJ, you get a paper from the judge stating that and you can then appeal to the BIA. While a cases is pending at the BIA, the person cannot be deported. Take care, Jason
Hi Jason
I recently filed for asylum based GC from California. The receipt number has MSC which points to Lee’s Summit, Missouri but when I go to check processing timeline, the dropdown only has either Nebraska or Texas.
So, can you please share if my case will be later transferred to Nebraska or there is another way to check Missouri processing time?
I have never really figured that out, and I don’t have a lot of faith in the posted processing times for this application anyway. You might wait to see if you get any other letters from other offices, but we have seen most cases take maybe 1 to 2 years. I have heard about some cases going more quickly, but I am not sure which offices and have not seen that yet for my clients. Take care, Jason
hi jason
Hi Jason. You are always shelter for us. Thanks to guide us time to time. My Political friend who crossed Mexico border and was detained,he released last week. He came to me in Dallas TX. He did not like that area so moved to annother state. We went to Immigration court and submitted change of address form EOIR-33. My friend tried to inform Immigration and Custom enforcement (ICE) on phone but it always busy. May be it is not for to attend call. Now he is confused. He is in another state. So how he should notify to ICE?
If he has an appointment, he may need to go in person, even if it is far away, since he could be detained if he misses an appointment. Aside from calling the ICE office, he can try to call the DHS Office of the Chief Counsel (there is a link under Resources) and maybe they can refer him to the right place. Take care, Jason
Hello Jason,
It’s been over 3 weeks USCIS has received my RFE of medical examination to process my asylum-based green card application and the status still shows “We have received your response…….”. The online chat agent said if you didn’t receive a decision in 60 days you should be provided with Service Request; what does that mean? Do you think it is expected to take longer if they didn’t send me any decision through these 60 days? Thanks so much for your time!
They received my medical exam on June 3th. I am still waiting. I filed inquiries twice, and last month, officer tier 2 told me I should wait from now to 8 months. Many people got their green cards after 3 to 6 weeks.
Very frustrating, as that delay is much more than normal. However, USCIS is very unpredictable so unfortunately, this is not terribly surprising. You might try an inquiry with the USCIS Ombudsman – a link is under Resources and they sometimes help with delayed cases. Take care, Jason
It is common to get a decision within a few weeks after you submit the medical exam, but a three week delay is very normal, and so I think there is nothing to do at this time. I guess if there is nothing in 60 days, you can call USCIS to inquire: 800-375-5283, but it is likely you will have news before then. Take care, Jason
Hi Jason! Happy holidays!!!
I’ve been living in the US since 2014, filed refugee case in 2015, approved in 2018, got GC in 2022. Do i still wait another 5 years to file for citizenship?
Really appreciate your support and help! 🙏🏼
Hi Jason! Happy holidays!!!
I’ve been living in the US since 2014, filed refugee case in 2015, approved in 2018, got GC in 2022. Do i still wait another 5 years to file for citizenship?
Really appreciate your support and help! 🙏🏼
Check the date on your Green Card. Assuming you are otherwise qualified, you can file for citizenship 4 years and 9 months after the date listed on he card (Lawful Permanent Resident since [date]). Hopefully, the GC was back-dated one year, which is supposed to happen for all asylees. However, it does not happen in some cases due to USCIS error. Happy Holidays, Jason
Hello,
Thank you Jason for all your efforts. I applied for asylum 2015 had an interview on 2017 and another one 6 months ago still no decision. I even applied for travel parole through my tps almost 2 years ago and I haven’t received that! Do I apply for Ombudsman, not sure what exactly it is and if it works, I really need to go see my family and feel so depressed. Let me know if you have any recommendations. Also does going to the asylum office during walk in for inquiry helpful or is it just a waste of time?
Thanks
The USCIS Ombudsman can sometimes help with delayed cases – there is a link to their office under Resources. In terms of the asylum case, you are better off inquiring directly with them – I wrote about this on March 30, 2022. I also did a post on June 2, 2021 about delayed decisions and other options. In terms of the Advance Parole, you would probably need to try to expedite – you can call USCIS at 800-375-5283 to ask about that. I also wrote more about expediting (in general) on January 29, 2020. If you do not or cannot expedite the AP, I would a decision in maybe 6 more months (you can check processing times at http://www.uscis.gov to get a better idea), and you could then use that document to travel. Take care, Jason
I passed a back ground check for TPS. After first interview asylum officer prepared a decision, but it was not approved by supervisor. So I think they are lying to me, because they simply don’t have the decision yet.
Can I file a Writ of Mandamus case based on the date of first interview? Since it was their fault that it was insufficient for supervisor. I did not asked for second interview.
And also what it usually means when online status changes from decision is pending to application is pending?
I think there are different background checks for different applications, and so the fact that you may have had a check for TPS is probably not relevant to the asylum background check (of course, this makes little sense, but that is now this seems to work). If you are interested in a mandamus lawsuit, talk to a lawyer about when it is best to file. Normally, before the lawsuit, you need to try to resolve the case in the “normal” ways, like inquiring with the asylum office. It seems you have already done this, but I think you should talk to a lawyer to see whether anything more should be done. In terms of the two online messages, my opinion is that they are meaningless. Take care, Jason
Hi Jason. Thank you for everything you do and for the information you share.
I filed my case to the Los Angeles Asylum Office back in 2015.
After a few expedite requests I got interviewed on 7/1/22.
When I appeared to the office two weeks later my decision was not ready and had pending supervisory review.
Later I was told that follow up interview needed and it was actually conducted on 10/17/22.
Two weeks after the second interview in response on my expedite request from September I received an email from Congressional Liaison at USCIS stating that case is “under extended review. Extended post-interview asylum case processing is generally attributable to the particular circumstances and/or the unique eligibility issues raised by an applicant’s individual case. Cases that often require additional, post-interview processing time include those where applicants have not yet cleared all required background and security checks, adjudications that require quality assurance review, and adjudications that require the input of other U.S. governmental entities. While we do strive to issue final decisions within 60 days of the interview, it is at times not possible for us to do so due to factors outside of our control. Unfortunately we cannot expedite the required background and security checks. If do need any additional information or need to conduct a follow up interview, we will reach out to you by mail”.
That email put me in a confused situation, because I already received my second asylum interview. The interview was conducted by a senior asylum officer.
The officer told me that the first interview was not sufficient, but she asked me all the questions the office needed to issue the decision. She told me that she will make her decision within two weeks. Also she told me that after a second interview conducted my case would not require any extended supervisory review, because she is a senior asylum officer and she gathered all the information to issue the decision.
I passed background and security checks for EAD card and EAD card renewal multiple times. Also I passed background and security checks for TPS.
On 11/23/22 I went to the asylum office, where I was told by the supervisor of staff that they found “something” in my case during security and background check and they “wait to clear it out”.
Because from an email sent to me 10/31/22 and from stuff words I could not understand what is wrong with my case I asked the staff to find out what exactly is wrong.
After one of the asylum officers supervisors came down and told me, that is nothing wrong with my case and particularly with my background check, but the officer who interviewed me has not issued her decision yet and he doesn’t know why.
On 12/14/22 I went to the office again and they told me again that they found “something” during security and background check and they “wait to clear it out”. They didn’t want to tell me what the issue is because it is a secret information.
I don’t believe there are any issues with background check because I passed it for TPS and I know that I am clear. And before I was told by supervisor that there is no issue.
The status of my case changed from “my decision is pending” to “my application is still pending”.
Jason, do you think the office could be lying to me and just don’t want to issue the decision?
Can you give me some comments what to do and how to talk to them next time during case inquiry?
I do think there is a problem of officers saying that a decision will be ready in two weeks (or some other period of time) when, in fact, they cannot know that for sure due to background checks and different layers of review. And so I think your story is not too uncommon (unfortunately). Your only options are to keep inquiring now and again, or to file a mandamus lawsuit – we wrote about that on October 2, 2018. Usually, a mandamus will get you a decision, but if they cannot complete the background check, they could be forced to deny the case. Given that your first interview was “only” 5 months ago and that even routine decisions often take that long, I might wait a bit longer to see if they issue a decision. Good luck, Jason