The American Immigration Lawyers Association (AILA) surveyed more than 300 immigration lawyers (including yours truly) about asylum and has issued a new report with findings and recommendations: High-Stakes Asylum: How Long an Asylum Case Takes and How We Can Do Better.
The report makes some useful suggestions for improving the system, and it is well worth a look. It also has some significant flaws (at least in my opinion). As I see it, though, the biggest problem–as usual for these types of things–is how to prevent the U.S. government from simply ignoring the report and continuing on its merry way.
Let’s start with a few of the positives. The AILA report is mainly concerned with expedited asylum procedures implemented by the Biden Administration. These procedures will mostly affect applicants arriving at the U.S. Southern border, but the problem of rescheduling and advancing cases with little warning is nation-wide. The report notes that–
The basic steps of preparing an asylum application take an estimated minimum of 50 to 75 hours. This work cannot be done in one continuous period; instead, it is carried out over the course of several months. Cases with significant complexity can take far more time than this estimate.
This is an important observation, which AILA backs up using empirical data. Forcing asylum applicants to expedite their cases is simply not compatible with properly preparing a case, or with due process of law. In part, this is because asylum seekers often face barriers that other immigrants do not, such as past trauma or inability to access documents after having fled the home country. Many asylum seekers do not speak English or are unfamiliar with the requirements for obtaining protection. Others need expert witnesses to explain physical or psychological scars or to explicate country conditions. In addition (and this is conspicuously absent from the AILA report), for asylum seekers who wish to hire an attorney, it is very difficult to afford the fee when you only have a short time to make payments.
To remedy this problem, AILA recommends that asylum seekers be given sufficient time to find a lawyer and prepare their case. This seems simple enough, but given the government’s behavior, it is clear that they do not get it. Hopefully, the report will help on this front.
Another recommendation–one that I like because it is creative and offers a realistic solution–is to lower the evidentiary standards for asylum seekers subject to expedited proceedings. The same could be done for asylum seekers who are forced to represent themselves. If you have to do your case quickly or without a lawyer, the burden of proving your case should be lessened.
Now let’s discuss some negatives. My main beef with the report is that it focuses too much on the Southern border (and yes, I know this is the same as my “positive,” but hear me out). In a world with limited resources and limited political capital, advocates seem to spend an inordinate amount of time arguing about the border. In a way, this is understandable, since the border is a humanitarian disaster. But in a report about asylum, the border is only one part of the story.
Also, the fact is, there is little support among the American public for more liberal border policies, and anti-democratic forces (i.e., the current Republican party) have exploited this sentiment at the voting booth. Given the political damage caused by perceptions about the border and the small chance for real progress, I think it is a mistake for advocates to devote so much of our limited energy and resources towards migrants arriving through Mexico. Instead, I would like to see at least some attention paid to another humanitarian disaster–the affirmative asylum system, which is less contentious politically and where strong advocacy might actually get us somewhere.
Last I heard, there were more than 787,000 cases in the affirmative asylum backlog, and since some cases include dependents, we can assume that well over a million people are stuck waiting, many for six, seven, eight years or longer. The AILA report’s only suggestion here is that USCIS should hire more Asylum Officers, but that has been ongoing for 10+ years, and the backlog has only continued to grow. Creative solutions are available–I wrote about some here, including shorter, more efficient interviews, eliminating LIFO, creating transparent rules for expediting, and premium processing. Some smaller advocacy groups have been lobbying for improvements to the affirmative asylum system, but support from AILA in this realm would give the effort an important boost.
The biggest problem, though, is getting the U.S. government to pay attention to advocates and listen to our ideas. Unless that happens, nothing we say will make a difference. On that note, I recently read a book by disability rights advocate (and member of my synagogue) Judith Heumann, who passed away earlier this year. In regards to her struggle to improve the laws and regulations for people with disabilities, she writes, “If you believe in something, do whatever you have to do to get your point across.” She continues–
When someone ignores you, it’s an intentional display of power. They’re essentially acting like you don’t exist, and they do it because they can. They believe that nothing will happen to them. Ignoring silences people. It intentionally avoids resolution or compromise. It ignites your worst fears of unworthiness because it makes you feel that you deserve to be ignored. Inevitably, being ignored puts you in the position of having to choose between making a fuss or accepting the silent treatment. If you stand up to the ignorer and get in their face, you break the norms of polite behavior and end up feeling worse, diminished, demeaned.
Sound familiar? Like disabled people–and everyone else in our country–asylum seekers have rights: The right to due process of law and the right to a fair hearing, being two of the most important. But how do we enforce those rights? How do asylum seekers get an interview or hearing and get a decision? Some have been lobbying Congress. Others have been holding demonstrations. I suppose there is no simple answer, but it is clear that waiting, hoping, and even complaining are not getting us anywhere. It is also clear that these are systematic problems that demand systematic solutions. Expediting individual cases is not the answer.
Asylum seekers and we in the advocacy community need to be thinking about how to get the government’s attention; how to force the system to change. Until we figure out how to do that, I’m afraid that nothing is going to get better.
Hello i didnt explain in detail why i filed asylum 3 years late in my asylum form i-589 but fortunately i got asylum receipt that my asylum form was accepted and had biometrics. I also didnt include the brief or explanation why im filing asylum late. I will do it at interview. Will this result in denial of my ead of asylum c(8) . Will uscis first check asylum form i-589 and then check and approve or deny i-765. Or i-589 form will be adjudicated at later stage and right now for ead they will only check i-765 c(8) i-589 asylum filing proof.
I have not heard about EADs being denied for this reason, and so hopefully, it will be fine. We normally only provide a very brief explanation on the form and give more detail later, and we have not had any EAD problems from that. Take care, Jason
I had a similar to question to this sir. Like i have previous 5 years address mistakes and work history mistakes on i-589 will that result in work permit (Employment Document) denial. And i was also issued receipt did fingerprints. Are asylum EAD processed and asylum interviews done by same Asylum office ( Arlington office in my case ) or ead are processed and issued by other agencies or offices of uscis like processing centers . I want to ask does uscis first check i-589 form for mistakes then issue i-765 work permit or they issue i-765 if they think asylum application is pending by applicant sending them i-589 receipt as proof and at later stages when interviews they review i-589 for inaccuracies and mistakes.
Mistakes on the I-589 should have no effect on the EAD application. However, if the asylum office does not have your correct address, you need to fix that as soon as possible – use form AR-11, available at http://www.uscis.gov. You can file online. Other mistakes on the I-589 can be corrected at the interview – I wrote about that on July 6, 2022. Take care, Jason
Im asylum seeker with uscis. Pending asylum . I have work permit . Can i go study and will i have to pay international fees or domestic fees for community college.
Most asylum seekers seem to pay the full tuition, but it may depend on the school and it is worth asking them to see. For people who win asylum, they seem mostly to pay in-state tuition. Take care, Jason
Dear Jason,
After all remedies I could do, finally I filed a writ of Mandamus against Los Angeles Asylum Office in March 2023.I filed my asylum case in June 2015 and has been waiting for more than 8 years.After filing lawsuit, I saw a change on my online status in USCIS and I never thought my interview date will be in April 2024 – it will be decided until Aug 2024 while they have rights to reschedule my interview date two times.
I have three questions?
First-Is it a rule in Mandamus lawsuit that the case has been resolved in 60 days or 6 months or any reasonable time ?
Second- Is there any chance that the United States attorney contacts LA Asylum office and asks them to reschedule my appointment earlier if I don’t sign the joint stipulation?
Third- Have you ever seen any client gets an interview date after one year of filing the writ of Mandamus?
Thanks for sharing your knowledge with us!🙏🏻
1 – I do not do mandamus cases, and practices may vary by office, but normally, the government lawyer and you (or your lawyer) would agree to a time frame that the asylum office will follow. Maybe this is the time frame in LA, but to me at least, this is very surprising. Normally, cases are resolved within maybe 3 to 5 months, and not 1+ years. Maybe that is how things are in LA; I do not know. 2 – That probably depends on what the judge in the mandamus case orders. It may just be that LA does not have the resources to do cases sooner, and so maybe judges do not schedule them quickly. 3 – No. A number of my clients have done mandamus cases and usually the interviews are within a few months, but my cases are mostly in Virginia, and so it may be different in LA. Take care, Jason
1.Why do many lawyers don’t do mandamus,does it require any sort of law degree or something
2.why is mandamus so expensive ,it cost more than case lawyer itself.Most of the time there no need of hearing in mandamus case
1 – There are different reasons. One reason is that to practice immigration law, you need to be admitted as a lawyer in any state. But to do a mandamus case, you have to be admitted in the particular state where you want to file the lawsuit. In our case, the biggest problem is that we are too busy to handle such cases, but we may start doing them soon, since the need keeps growing. 2 – I think because such cases can potentially be a lot of work, lawyers want to charge a high fee to protect themselves. Also, since fewer lawyers are doing these cases, fees are probably higher than they might be of ore lawyers did such cases. Take care, Jason
Hi Jason,
I hope you’re doing well.
QQ: I am an asylum based green card holder. I was granted asylee status in 2018 applied for GC in 2019 and due to the backlog, received GC in 2022. Got my green card last year and it was rolled back a year. So it’s a 2021 year.
I’ve been reading about roll back and it says “Rollback” allows refugees and asylees to apply for naturalization earlier than they may have expected. Some of your time as an asylee or refugee can be counted, which enables you to apply to naturalize sooner than you imagined.
The years you spend as an asylee is important because those years are counted as part of your permanent residency requirement. Asylees can qualify to get lawful permanent residency in the U.S. after being physically present in America for a year. This time period is counted from when a person is granted asylum. Asylees go through an adjustment of status, the process to become lawful permanent residents. It involves filling out the USCIS’s Form I-485.”
Since I was granted asylee in 2018, does it mean I’m eligible to apply for naturalization this year as its 5 years later.. Or I apply according to the 2021 date on my GC? Does roll-back apply in this case?
Thanks you as ALWAYS!
I think that info is not correct or up to date (for example, asylees no longer have to wait 1 year to apply for a GC). From the date printed on your GC, you can apply 4 years and 9 months later, assuming you meet all other requirements. When people talk about giving credit for time as an asylee, it refers to the one year that the GC is backdated. Take care, Jason
I applied ead with i-765. C(8) asylum based . EAD came but ssn never came. I went to ss office to apply for ssn. They asked for passport or birth certificate . I dont have passport and sir you know as an asylum attorney renewing home country passport is the ultimate way of ruining any chance of asylum and my case will surely deny 100 percent if i avail service of persecuting country. I have birth certificate. It is in my native language( Punjabi ) but in my birth certificate my father name is wrong it doesnt have middle name there hut on asylum i-589 and other records there is middle name. So they didnt accept my birth certificate as well even though i gave them translation from punjabi to English. What should i do ? What is the use of ead if no ssn to work legally. Can i still get ssn
I am very surprised they will not accept the EAD, as some people have no other document and get the SS card. Maybe you want to try again and ask to talk to a supervisor. You can also check the SS website to see whether there are any alternatives to a passport or birth certificate, or maybe you can get the birth certificate corrected. Also, getting a new passport may not have much effect on the asylum case, but it depends on the case. If you fear non-state actors, like terrorist, it should have no effect. If you fear the government, it could have an effect, but maybe you could explain why you renewed and why the government was willing to issue you a new passport. Take care, Jason
Hi Jason, Have you seen denial of ead just bcuz someone applied asylum after 1 year of living in usa. In my case 6 years . Will uscis deny work permit ead c(8) pending asylum just bcuz i filed after 1 year deadline. My asylum case is with uscis.
I have not seen that in the recent past, and the only cases I saw like that were cases in Immigration Court where the judge had refused to start the Asylum Clock (and again, it has probably been 5 or 10 years since I have seen that happen). Take care, Jason
Hi Jason,,I have a question I submitted the form I-730 for my family almost a year now after 6 months the status change to we send your application to department of state after 3 months i received a notice saying we send back to USCIS your application for a review. What does mean and how long does take to review a cas . Thanks
Maybe the State Department had some type of problem with the case, or maybe this has no meaning at all. My guess is that the I-730 is still within the “normal” (and very slow) processing time, but you can check that at http://www.uscis.gov. If you already got the I-730 approval, maybe you want to make an inquiry at USCIS through USCIS Help (a link us under Resources) or by calling 800-375-5283, though it is very difficult to reach anyone. If the I-730 was approved, maybe you want to inquire through the NVC, which is the office that sends the case to the embassy (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html). Take care, Jason
Hello sir,
My asylum receipt from usics says received date is 02/23/2023. Notice date is 02/28/2023. And biometrics notice date is 03/01/2023. What is my ead asylum clock date . When can i apply my ead thanks
The 150 days should start counting on the day the case was received, 02/23/2023. Take care, Jason
Hello jason,
please advise me cause I’m totally feeling down cause of this thing called USCIS!!
i been waiting in this country since 2016 and finally got my asylum interview in 2021 and i got approved real quick and while waiting for this interview i got a health condition but anyway i applied for the Green card back in August 2022 and 32 days ago i got RFE to submit the i-693 medicals and i did real quick but since then no updates at all and my mood is down every day and i feel down and affects me bad at work as i became more aggressive all of that cause of the F*** USCIS!!!! WHY THE HECK they wait more than 1 month so far to send me a decision after they got the medicals RFE especially i see others got approved in 4-10 days after RFE was received !!!!!!!what are my options? can i sue them soon ? i don’t want to talk to them on phone cause i feel like i will use the F word all the call and i might get my situation worst but god knows I’m all fed up from that USCIS like never before !!! I’m really scared that i will get fired soon at work cause of the way i treat people there due to the mental issues the F uscis made for me!!!
Hi Ziko
I understand your frustrations. Millions of immigrants in this country face such frustrations on a daily basis. But that can’t justify abusive attitude and abusive language at work or anywhere else. If you feel mental breakdown, take a break at work and consult a mental health professional. I went through more than that, and I’m still going through more than that with USCIS right now, I can’t tell because I don’t know how to tell and where to start telling, and millions are in the same situation even worse than mine.
Do you know there are asylum seekers from 2016 who are still waiting for interview? and they do not know when and how it will ends? You should consider yourself lucky because you were granted after such a long wait. Some were denied, after a decade waiting, and they lose everything. What you have been waiting 32 days, some have been waiting more than 2 years. You have no choice than to wait, because even suing will take time may be more, and USCIS is not aware of your frustrations if they care.
Hi All, I understand your frustrations and how difficult is must be for you. I also do understand that compared to some of your cases and situations, Ziko’s case/situation/experience may seem a little better, even though Ziko never said much about his/her case/experience except that s/he filed the asylum application in 2016 (which is a very long time ago, btw). Still, you should allow Ziko to vent however s/he wants to. Perhaps that is his/her way of dealing with his/her stress/trauma. Remember that everyone processes trauma differently. You shouldn’t take Ziko’s frustration with USCIS personally, or try to compare your situation/experience with his/hers with the objective of invalidating his/her emotions, feelings, and thoughts. All that energy should be directed towards USCIS/the EOIR.
I see this all the time, and it is very common for a decision to take a month or two (or sometimes longer) after you respond to the RFE. The agency is a complete disaster, but I expect you will get a decision soon (also, for some reason, we have gotten a bunch of requests for medical exams lately, and so maybe they are just requesting the medical exams from lots of people and decisions are coming more slowly; since they don’t give us much info, we do not know). Take care, Jason
My brother, you are one of the luckiest people. let me tell you my story and the people around me. My asylum case has been pending since 2016 with no interview, appointment, or any progress whatsoever. I left my wife and 8-year-old son back home, and I haven’t had the chance to see them in person since 2016. Similarly, one of my friends, who has four children back home, has been in the same situation since 2015. Our statuses remain unchanged. So, for people like us, your complaint appears to be a luxury. Please hold on and find relaxation.
Hello Ziko!!
I know we sometimes complain about things even if it is going well. I feel like you should calm down and thank USICs and whatever God you believe in! I am waiting since 2014 for interview, I have many friends waiting since 2015 and 2016. Please find another forum (there are many on Reddit) and complain there. Sorry to say this but just stop using this forum as we need more positive encouragement here than complaining about little thing.
Thank you
Im a asylum seeker. I filed asylum with uscis but after end of my student visa due to changes circumstances. After more than 1 year. When on student visa i was convicted of felony theft but given probation and spent only 3 months in jail. I already got receipt and fingerprints done . Now time to apply work permit. Will my work permit be denied due to criminal history plus ultimately will my asylum be denied due to criminal history .thanks
A criminal conviction can certainly affect your eligibility for a work permit and for asylum as well, but it depends on the exact conviction. I did a blog post about this on February 15, 2023, and maybe that will give you some guidance, but you probably need to talk to a lawyer to see how to proceed, as the conviction will have to be addressed. At a minimum, you will need a copy of the “disposition” (final outcome) of the case to show to the lawyer and to USCIS, so you may want to get a copy of that from the court if you do not already have it. Take care, Jason
Hi Jason! When I apply for an EAD (category A5 based on a granted Asylum in immigration court). Do I need to pay any application fee?
The first such EAD is free, but if you renew, you have to pay. Note that under new rules, you do not have to wait a full year before applying for your GC – I wrote about that on February 8, 2023. Take care, Jason
Hello Jason,
I had the final hearing on 25th of april this year and the judge told me that i will receive the decision by mail,
And I’m checking the eoir website it shows ” this case is pending”
So it’s 2 months till now and no decision,
When do you think i should receive it?
Thanks
I have similar situation my final hearing was on April 27th. Judge asked me to come back mid-June for a decision. Just 2 days before the decision hearing my attorney rcvd call from judge office stating the judge will mail the decision. Online show pending till date. I had Asylum and Cancelation of removal hearing.
There is no way to predict as it depends on the judge. If you want, you (or your lawyer) can call the judge’s clerk to ask, but I might wait another month or two. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Sir i was previously married in Sri lanka my home country but was divorced on asylum form i-589 i put divorced as marital status now i applied for ead by mistake put single instead of divorced. Will i be denied asylum based ead. Or face misrepresentation. It was an honest mistake . Also in i-589 since i was divorced i never wrote spouse information only ticked diovrced.
I think there is no issue with the I-589, since you do not need to list spousal information once you are divorced. As for the I-765, I doubt it will be a problem. If you have an online account, you can submit a short letter explaining the error, but I do not know that it is worth the trouble – if USCIS has a question, they will contact you. If possible, get a copy of the marriage and divorce documents, so you have those if USCIS asks. Take care, Jason
Hello im Jum , is Prosecutorial Discretion or PD in my situation so i can renew work permit indefinitely. administratively Closure
Filed asylum with uscis after 5 years in usa. It was on threat by govt in power which was persecuting my ethnicity. I was denied by uscis and referred to immigration court. Now govt changed in my home country and thats nice to ethnicity. All this plus one year deadline my lawyer told me i have a weaker asylum case.
But i have work permit and i have my business and i pay taxes and good person attend my religious place of worship every week. Can these positive things help me get pd with work permit and my case be administratively closed and i can renew work permit indefinately
The rules on PD are ever changing, and there was just a Supreme Court decision that will restore PD, but we do not yet know how it will look. In any event, if you want to keep the asylum case alive so you can renew the work permit, you need Administrative Closure (not dismissal or termination). I do not know whether the judge or DHS would agree to that, but certainly you can ask. Take care, Jason
Hi Jason! My asylum was granted in immigration court in early June of this year. How long does it usually take to USCIS to issue a stamped I-94 and a proof of asylum?
Supposedly, this will happen automatically, but that is new and I have my doubts it will work. You can Google “post order instructions in immigration court” and follow those, or if you cannot make that work (because it involves calling USCIS, a very difficult task), you ca just file the I-765 to get your new asylum-granted work permit (the first one in this category is free). Also, note that you no longer have to wait a year to apply for your GC – I wrote about that on February 8, 2023. Take care, Jason
Forever grateful for this platform.
I have a question, which documents would you recommend for one to use to show evidence of 1 year continuous presence in the US when filling for AOS based on asylum?
We do not submit any documents unless there is some reason to doubt that you have the one year inside the US, but I guess you can submit work and school records, tax documents, copy of your passport and/or travel document, and maybe letters from people who know you. Take care, Jason
Hi Jason, and community,
I just wanted to report pretty exciting thing with EAD extension.
I have applied for c08 EAD extension online on June 19th, next day it was showing that receipt was sent, and in 2 days(on June 22) it was showing that approval notice was sent (in the documents section, the status of the application still show as “receipt was sent”.
Today in my mail I received the approval notice (hasn’t received the receipt yet), but the status is unchanged and card hasn’t been produced yet.
But the approval in 3 days is still pretty exciting, just hope it wouldn’t take them too long to produce card (since approval is actually from June 22nd)
Thanks, just wanted to share this
Some people are reporting similar time lines and others are waiting 1 or 1.5 years. It is pretty crazy how inconsistent things are, but hopefully, your experience will become a trend. Take care, Jason
Hello Jason sir
Can asylum clock be started in my situation or any other way. My clock was stopped due to i changed address before 180 days clock and changed asylum office . I didnt knew it would stop clock and i moved. Is it possible to request Arlington asylum office to restart my clock. If not possible is it possible withdraw asylum case and get referred to immigration court. Re apply asylum and get work permit. Cuz in asylum office its like 5-10 years wait . I cant survive without legal work rights for 10 years. I cant do under the table jobs forever. What do you suggest sir ?
You should email the asylum office and ask – you can find their email if you follow the link under Resources called Asylum Office Locator. If that does not work, you can try to expedite the case – I wrote about that on March 23, 2022. I suppose you could withdraw the case and see if they send you to court, or – if you have a dependent spouse on the case – that person could file their own I-589 and maybe you could both get a work permit based on that application. If you do plan to withdraw and try to go to court, be aware of the one year filing deadline (I wrote about that on January 18, 2018) and you might also want to talk to a lawyer, as closing one case and opening another could have different problems and it would be worth consulting with a lawyer before you try that. Take care, Jason
Hello Jason,
I am always thankful for your valuable time writing this blog. My timeline started from 2018 and finally I got my Green Card in mail past week. I remember spendings hours readding Jason blog which always motivated me to move forward and assure there is light in end of the tunnel. So, please value this resource. Meantime, I have applied the Travel parole for my all family as my Green Card processing was taking longer. Can I request to return the fee?
Thank you.
I am not sure what fee you mean, but I highly doubt USCIS will return any fee, unless maybe they make an error and acknowledge their error. In that rare situation, I believe they may sometimes refund a fee. Take care, Jason
Hello Jason,
I mean to say Travel Parole fee.
I can’t imagine that they would return the fee to you, but I guess you can try to ask. I am not even sure the best way to ask – maybe try through their online assistant (Emma) at http://www.uscis.gov? Maybe that is a starting point, but again, I would be very surprised if they gave you a refund. Take care, Jason
Thank you for sharing this, my timeline started 2018 as well and stilling waiting on green card for 3 years. What form is available for travel parole for family members?
There is something called humanitarian parole, which is usually used to bring a person to the US who was denied a visa and needs to come here for medical treatment. It could be used for other reasons besides medical treatment, but I do not know that it would work to bring family members of asylum seekers or asylees to the US. At least I have not heard about it being used successfully for that purpose. The form is the I-131, available at http://www.uscis.gov, and you apply for “humanitarian parole.” Take care, Jason
Thanks Jason 🙏🏼
Hello Jason,
I filed an I-485 based on granted asylum 1 month ago and I believed I erroneously answered NO to question.
” Have you ever applied for any kind of relief or protection from removal, exclusion or deportation.”
Please could they invite me for an interview based on that? Thank you.
Some people get interviews and others do not, so it is difficult to say. They might send you a request for evidence about it, or could ask you at an interview. You could try to send them a correction – it is probably better to do that using an online USCIS account, but you could also send it by mail if you include a copy of your I-485 receipt. I would just write a short letter explaining the error and submit that. Take care, Jason
One more question to Jason or anyone who knows. US citizens do not need visa to travel to Europe, will I need European visa with US travel document? With my country of persecution for example, I would need to get EU visa, but I am not sure how it works if I am not using that country passport
I am not sure and I think you need to check the embassy or Schengen website, as that may have guidance. Take care, Jason
Thank you, Jason!
How long will it take uscis to schedule my asylum interview. It has been 155 days since i received asylum receipt. Are attorneys getting interviews for clients for cases filed in 2023.
Given how things are going in most offices, I doubt you will get an interview anytime soon. You can try to expedite the case – I wrote about that on March 23, 2022. Take care, Jason
I sent a letter to asylum office withdraw my asylum case. Its been 3 months. I can still see status of my application on uscis site next step is interview. But uscis has not sent me any letter to inform if my asylum case is withdrawn. What should i do. I need to leave country before that i need to withdraw asylum. I got plans to legalize in canada. Also since i also dint have any other status. I checked on eoir website. It also has no record of my case by a- number . It says no case found for this a number. What should i do to withdraw asylum
I would recommend you not try to withdraw the case until you leave the US. Otherwise, they could send your case to court and when you do not appear, you will get a deportation order, which will make it harder to return. Once you leave, you can email the asylum office about withdrawing, as that is the better way to do it, and include proof that you left the US. I wrote more about this on December 7, 2022 and maybe that will help. Take care, Jason
Hi Jason, after twice postponing my individual hearing i had court last Friday again DHS requested another 60 days so judge had argue with her and she stated this is last continuation, so i will be have individual hearing on October, but i figured it out what was the reason, i had the situation 4 years ago which was packaging and labeling the packages one morning from dhs came to my home search everything and i was told that time (2019) in the packages were part of gun that i was not aware so i help them and i was not arrested or charge or conviction, on Friday i called the officer who was involved my case that time i was told this,
No bother. I was able to speak with the case agent and unfortunately because there are still some ongoing matters I can’t comment on when a resolution will be reached on your backgrounds. I wish I had more news for you but since I’m not involved in the case anymore I don’t have any insight into a resolution nor could I comment on a possible resolution. I apologize but please try to be patient as things work themselves out.
What is your idea?, do you think i will get charge after 4 years, but i was innocent and also my background check will take for ever to be cleared?, but DHS told to judge this time will last continuation request please advice me.
If the DHS attorney said that, the judge should hold her to it. And if the judge seems uncertain, you should remind the judge about her promise. Even if the background check is not complete, you can do the case, and hopefully get a positive decision. If something comes up later in the background check, DHS can reopen the court case. Some judges will allow this, and you can push for it. Also, given that there is no arrest or conviction, I am not sure why this should have any effect on your case. Anyway, if DHS tries to delay again, hopefully you can push back and get the case done. Take care, Jason
Thank you so much Jason,
Have you ever had same situation before? if yes and what happened then?,
God bless you.
I have one case now that was delayed a couple times. The judge has now indicated that she will grant the case once background checks are done, and we are scheduled for a hearing in a few weeks. If checks are not done, I will push for a grant anyway, with an option for DHS to reopen. I have had a judge offer that to me in the past, but it has been a few years and I think ultimately, background checks were completed, so I never had to try it. Take care, Jason
Good to hear that please update me about that case which is similar as mine, thank you so much and good luck.
Hi Jason,
My uncle and his wife applied for asylum in 2017 and they are yet to be interviewed. The wife is the principal and my uncle is the derivative. It is an FGM case. Can my uncle travel to their COP without jeopardizing their case?
Thanks
It depends on the case. If the case indicates that he would face harm back home (maybe because he opposes FGM), the return trip could create issues. Maybe talk to a lawyer to evaluate this, as it is very case specific. Of course, this can be avoided if he does not return home, but sometimes such trips are necessary. If so, he should keep evidence about why he returned and (if appropriate) how he stayed safe while there. Take care, Jason
After approval of asylum in the US , how much time does it take to get US citizenship
Once asylum is approved, you have to apply for a GC (I wrote about the timing of this on February 8, 2023), which can take 2 years (though it could be anywhere from 6 months to 2.5 years or even longer), and the your GC should be back-dated 1 year. You can then file for citizenship 4 years and 9 months after the date on the card, assuming you are eligible. In short all this is not so predictable, and I think most people get citizenship in maybe 6 to 8 years after asylum is granted. Take care, Jason
Hello Sir Jason,
Thanks so much for all you do. I have a few questions please 🙏
I applied for Asylum at the Asylum office 4 years ago and still waiting for an interview. My lawyer just called me this morning that she has been temporarily suspended because she was convicted of a misdemeanor. She said the final verdict could be 30 or 6 months.
1. Do you think I should be worried if I get called for an interview during the period of her suspension?
2. Is it possible to change lawyers and get a refund?
3. Will her credibility affect my case if I remain with her?
4. I am from a country which qualifies for TPS. Do you think I should apply for TPS? I am scared that if I don’t win at the Asylum office they might not refer my case to immigration court.
Thanks again and happy Monday
1 – I don’t want to pile on to your lawyer’s problems, but this is a big issue. If her suspension is related to anything to do with immigration fraud, you should find a new lawyer. Using a lawyer who is accused of fraud creates big problems for anyone who does it – USCIS may think that you are part of her fraud. If you feel ok to continue using her, and if you were called for an interview while she was suspending, she could not attend the interview with you Whether she could prepare you for the interview or help with documents, I do not know, as I suppose it depends on the nature of her suspension. Probably you will not get an interview in the next 6 months, so it may not matter, but of course, there is no way to know for certain. 2 – You can change lawyers, but whether you are entitled to a refund depends on how much work she did for you and on your contract. Certainly you can ask and see what she says. There are also lawyers who specialize in getting refunds from attorneys and who know the rules about that. If you think you are entitled to a refund, you can ask and see what she says, and if you are not satisfied, you can decide how to proceed. 3 – If her suspension is related to any type of fraud, this is a real possibility, and even if not, having a lawyer who was suspended for any reason is not going to make the case seem more credible. 4 – If you qualify for TPS and want it, you should apply. It makes it easier to travel and return to the US, and maybe opens some other possibilities for you (employment sponsorship). I guess it depends on your goals. Maybe talk to a lawyer about that to see whether it would be a good choice for you. Take care, Jason
Hello Jason , i hope you are having good weekend . I applied asylum after one year deadline. I applied after 5 years. Now its been 150 days since uscis receipt came. Can i apply work permit. Will one year ban deadline bar work permit. Have you seen Denial of work permits due to one year deadline. And is it safe to wait 150 days or 180 days. For work permit
You should be able to apply now, and I have not seen any work permits denied based on filing after the one-year asylum bar (maybe this could happen in Immigration Court, but I have not seen it at the asylum office and I have not seen it happen in court in many years). Take care, Jason
Hello Jason,
I wanted to take the opportunity to thank you for this platform. This has been incredibly helpful!
I was granted asylum in 2016 and became a citizen a few days ago.
Thank you for sharing the good news and Congratulations! Seven years is actually pretty good, especially by today’s standards. Take care, Jason
Hi Jason, I sent my green card application in April and completely forgot about travel document. I think I saw you answering to someone that if I send I-130 form after green card application, I don’t have to pay the fee? Is it still accurate if it has been almost 4 months now? Do I need to include some sort of note when sending it that I have already submitted green card application and paid for it?
Hi Alina,
I did the same thing , Just send the GC application receipt with the travel document, It worked for me
If you paid the fee for the I-485 and received the receipt for that (for $1225), you can use a copy of the receipt when you apply for a travel document using form I-131. I would include a note in the cover letter about that (that you already paid the fee for the I-485 and your including a copy of the receipt as proof), but it should work for Advance Parole or for a Refugee Travel Document (however, you can never be 100% sure, but it should work). Take care, Jason
thank you, much appreciated!
Hello Jason,
hope you are doing good. My asylum based green-card says permanent resident since July/01/2021. when will be eligible to file for naturalization? Thanks
Assuming you meet all other requirements, the soonest you can apply for citizenship based on that GC is early April 2026 (5 years minus 90 days after the date listed on the GC). Take care, Jason
Hi Jason,
I was wondering whether I could apply for EB-3 green card with pending asylum. The asylum application was received by the USCIS before my visa expired and within one year of arrival into the US.
If it’s possible to apply for EB-3, how do I proceed with my current status conditions? The conditions I haven’t mentioned:
– applied in May 2023
– attended a biometrics appointment in June 2023
Thanks in advance!
It is possible, but whether you can get a GC inside the US or not, I do not know. Also, one factor is whether you applied for asylum before your period of lawful stay in the US (listed on your I-94) expired (not your visa). If you did apply for asylum while you were still in status, maybe you can get a GC in the US under a law called INA 245(k). None of this is easy and it depends on the specifics of the case, and so you would need to talk to a lawyer. I wrote more about this option on August 28, 2018 and September 6, 2018. Take care, Jason
Here is my complete timeline:
– Entered US Jan 2015
– Applied Asylum March 2015
– Expedited Interview
– Got Interview April 2016
– Approval June 2017
– GC Application submitted June 2018
– Got GC June 2019 (One year back dated)
– Applied for Citizenship March 2023
– Expedited Citizenship Application
– Got Certificate of Naturalization June 2023
– Applied for US passport
– Will receive it in July 2023 (Expedited)
Thank you Jason and all people writing here. Always get help from your Congressman and House of Representative members for expedite purpose. Increase the chance acceptance by a good percentage. Good luck!
CONGRATS!!!!!
Quick question what state are you in? The elected officials that assisted you, what state are they in? Thanks
Thank you for sharing and congratulations! The sad part is that some people who filed for asylum at the same time as you are still waiting for their interview! Insane. Anyway, it is good to hear some positive news. Thank you, Jason
@Lucky, congrats on reaching the end of your immigration journey. @Jason, it’s really the inconsistencies and randomness with USCIS that annoy me.
Me too – and everything is inconsistencies and randomness…
WOW, everything seems to go very smooth for you, I came in Sep 2014, got asylum interview in May 2019, i tried about 5 expedites in between, all of them they didn’t approve me, your case every expedite seem to work, i am suprised as that was not my experience. May I ask where is the location, mine was in Virgina, and expedite doesn’t seem to work at all there.
Location is not important. Please always expedite through your congressman. Expediting without help of congress man is waste of time. I did expedite myself more than 10 times but no success.
You can do both. We sometimes have luck when we expedite on our own, though lately, in our local office (Virginia), no expedite requests are working and people need to file a mandamus lawsuit. Take care, Jason
Hi Jason,
I need your advice, my wife and i work permits under C08 are going to be expired January 11th next year and i can apply for renewal July 12th which is 180 days before expiration, but i will have my individual hearing this coming October, if i get granted by judge we will be gotten under C05 which is free do you think should i wait till my hearing date that i can save 820 dollars for both of us?, thank you so much for your help as always.
This is up to you – if you win, you will get an a-5 EAD and you will lose the money you paid for the current renewal. If you lose the asylum case and appeal, you can renew under category c-8. Since you get the 540-day extension if you file before January 11, 2024, that should be enough time to process a renewal (which will hopefully not be needed). Take care, Jason
Thank you so much Jason.
I was contacted by los angeles police by letter in a felony case i went to police station got interviewed by detective. No charges filed not arrested no fingerprinted. Will this show up on uscis work permit asylum i-765 background criminal check. And i put no on have you ever been arrested cuz i was not arrested just asked to go to police station for interview regarding a felony case. Will i get work permit or i will be denied due to this work permit is c(8) asylum based
I do not see how this would have any effect. However, if you were charged with a crime, that is a different story and you would need to get evidence of the disposition (the final outcome), and reveal all that info in any immigration filing where it is requested. Take care, Jason
Hi Jason & everyone!
My spouse got his asylum approved over a year ago (after 8 yrs of waiting). We haven’t filed for the green card yet, because we don’t live together anymore – in fact we were getting ready to divorce, when suddenly there was a letter in the mail box w/approval…. obviously, if we file I-485, and answer all the 90 questions – previous addresses, employment, etc. the officer will see we haven’t resided together for more than 4 years prior to the approval. We didn’t divorce because there was covid, and then there was life – we were both fine with just living as is.
So. How do I withdraw my case from his – and how it can potentially affect my next application, if I married American citizen?
many thanks.
I recommend you talk to a lawyer. If you are a dependent and now have asylum, and if you get divorced, you will either lose your status or have to file a nunc pro tunc asylum application (I do not remember, but I did some posts about dependents and asylum on January 26, 2022 and February 9, 2022 and maybe those would help). Unless you think you can remain legally married for 2+ years, you may not want to file the I-485 based on the current asylum grant, and if you plan to marry a US citizen and get your status based on that, you can do it, but try to keep a copy of all documents in the asylum case, to be sure that any papers you file in the new case are consistent with prior filings. Other than that issue, there should be no problem, as long as you are eligible to get the GC based on marriage. Take care, Jason
Hello Jason,
Today we received “Notice of Intent to Take Case Off of the Court’s Calendar.” for me & wife, but my kid(17 year) didn’t get any notice. First of all big thanks for your article(Another Dumb Idea from EOIR), you explained very nicely, but we don’t have another choice as my asylum is very weak and going to accept this offer. But I have two questions. can I proceed my cancellation of removal while I accept this offer. Can USCIS allow to proceed? 2. Am I eligible for employment based GC? my employer is ready to sponsor.
For some people, removing the case from the docket is a good choice, and so maybe that is you. If the case is off the docket, it will presumably still be with the court, but inactive (not on the schedule). If so, you can renew the work permit as before. If you want to proceed with the Cancellation of Removal case, you need to keep the case on the docket (by the way, if you did not have 10 years in the US prior to the start of the court case, removing the case from the docket will not re-start the clock towards 10 years; the only way to do that would be if the case was terminated/dismissed, and then you later – after you have 10 years in the US – had a new case). If you have a case with USCIS, you would need to terminate/dismiss the case. If the case is just off the docket but still with the court, you cannot get any benefits from USCIS. In terms of an EB case, I doubt you would be eligible unless you left the US (and even then, you might not be eligible), but it depends on the case and you would have to talk to a lawyer (I also wrote about this issue on August 28, 2018 and September 6, 2018). However, to get a GC based on employment, you would likely also need to terminate/dismiss the case. Take care, Jason
Thank you Jason, nice explanation.. Sorry to disturb you again. Might be, this question to help other people also. Actually I would like to proceed my “cancellation of removal” with additional documents(going to show10 years continue stay & my kids problem), do they allow my application alone? but my wife and other kid is going to accept ” Off the Docket” since they don’t have 10 year continue stay. Is it possible?
This is a problem with Cancellation – each person must qualify for it independently, and so if only you qualify, only you can receive it, and your other family members will need to find a different solution – maybe get their cases dismissed, if possible, and then later, if they are eligible and you have your GC, you can file for them – note that it takes a long time to get a GC based on Cancellation, as there is a waiting list that I think is currently about 4 years long. Take care, Jason
That’s ok Jason,. I can wait and would like to proceed my cancellation process would be the best option, instead of going administrative close. Also once my case is approved, I can apply EAD with AP till get the green card right ? which I can use for travel purposes. Am I correct?
If the case is closed and you have applied for a GC (based on marriage to a US citizen, for example), you could be eligible for the EAD/AP document, but if you are planning to keep the case open to pursue Cancellation, you cannot get Advance Parole (or if you somehow manage to get it, you take a risk of deporting yourself if you leave while the court case is open). If you win Cancellation, there is then a long wait (currently, I think it is about 4 years) to get a GC, and only then can you get a travel document. Whether there might be any alternative, I do not know – I don’t think so, but you could talk to a lawyer about the specifics to see, but I do not think so. Take care, Jason
Hi Jason,
I have been granted Asylum and have a valid RTD. I will be traveling to the third country next month. The third country that I am visiting used to be part of the country I was born, but they separated like 20 years ago, and became two different countries.
Can I face any problems at the US Airport on my way back?
I doubt it, but if the trip causes the US government to think that the asylum case was fake, it could cause problems. I doubt that would happen, and it sounds like you can explain (since it is now a separate country), but that would depend on the facts of the case and where the persecutors are located. I wrote about returning to the home country for asylees on January 6, 2016 and maybe that would be worth a look for some ideas. Take care, Jason
Hi Jason,
I submitted my I-485 two weeks ago. When should i expect receipt? Thanks
Probably most people have their receipt within a month or so, but like everything with USCIS, it is not entirely predictable. Take care, Jason
Hi Jason and everyone,
My individual hearing date has been postponed since last December twice each time for 3 months and the reason was background check was not ready and DHS attorney asks for 60 days extension again, i am sick of tired of this situation almost 7 years please tell me and advise me what to do???, i have heard background check should be ready for immigration court but what is going on, i am so upset.
You might try doing an FBI background check (like people do when they buy a gun or get certain jobs – there are companies that do this and maybe you can find one, or you can do it on your own if you check the FBI website). Maybe you could submit that to the court and ask that the judge issue a decision, or maybe give it to DHS, who seem to sometimes accept the FBI check (I have heard about DHS accepting it and also rejecting it, and so I do not know what the policy is or if there is a consistent policy). You could also suggest that the judge issues the decision and if the background check reveals any problems, DHS could reopen the case. Usually, they will not go for that, but you can ask. Take care, Jason
thank you so much Jason for your advice but can i do it by myself or my attorney needs to get it done?, can i go in person tomorrow to the court and talk to judge without my attorney?
You can’t talk to the judge, and probably it would be a very bad idea to take any action without talking to your attorney. Also, normally, the attorney would do this. Maybe see if your attorney thinks the FBI background check is a good idea (maybe it does not work with your local DHS office) or if the attorney has any other ideas. Take care, Jason
Thank you so much Jason, i talked to attorney about your idea and he said that’s correct and he will do it for next individual hearing if background was not ready, also tomorrow we will have individual thru webex just for getting another day, is that good idea i in person?, my attorney will be attending thru webex cause he is far away but i close by court, what do you think,
I do not think it will affect the outcome whether the lawyer is in person or by Webex. Good luck, Jason
Hi Jason sir my case is pending since 7 years and I need to travel to third country with my husband and kids to meet my parents as one of my parent is serious her treatment is in third country is it safe to travel with family.how long can I stay.Does it affect my case??
Thank you
You would need Advance Parole, which I wrote about on September 11, 2017. You can try to expedite that, but it is not easy to expedite (I wrote about expediting in general on January 29, 2020). You can go and you would have to return before the AP expires. In terms of your asylum case, it is probably fine, but if you fear the home government (as opposed to a non-state actor like a terrorist group), you should be prepared to explain why you traveled using a passport from a country that wants to persecute you (I doubt you would be asked this, but you never know, so it is good to be prepared). Take care, Jason
Really appreciate for giving reply and clearing doubts.Thank you Jason sir.Take care.Bye
I was charged of felony offense of theft in california. Im innocent and there are no proofs of me stealing. Ao i have criminal case pending . Also have asylum case pending and 180 days have passed can i apply work permit. Will felong charges bar me from work permit . Im not convicted yet. High chance i will be aquitted but i have to fight the case and it will take time. In meantime can i apply work permit c(8)
A conviction could certainly affect your eligibility for asylum and for the work permit as well. I would talk to an immigration lawyer to have them look at the case and advise you about immigration consequences for any plea agreement or conviction. I am not sure whether the charge alone will cause any issues for the work permit. I think you should have an attorney look at that issue as well (I do not remember whether the form asks about pending charges or only convictions; also, I do not know whether USCIS might hold up the work permit until the criminal case is resolved). Take care, Jason
Hi Jason, After a month of my asylum interview my status was changed from decision pending to application pending, is it normal or bad sign? I’m really confused and lot of staffs are coming to my mind, Before a week of my interview they contacted my lawyer to provide if we have the copy of I-589 application since they lost it from their system. We emailed them and provided the hard copy during the interview. I’m concerned if this lag the decision. Thank you for all the supports and resources you provided.
I do not have much confidence in the online messages, and so I do not know whether it has any meaning. However, you can email them and ask about the status of the case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Jason,
I did have TPS (Venezuela) approved and the renewal pending. My passport expired and I would like to apply for travel document and go my home country to renew it and also get some belongings that I have there; however, I am afraid being denied to re-enter to US. So, what is your recommendation about this? Is it safe to travel back to my country with Travel Document and TPS?
Thank you in advance,
Mila
I am not sure what type of travel document you mean. Unless you have some status besides TPS, there is no travel document available, only Advance Parole, which is like a US visa and cannot be used to travel. If you have some other status, like asylum or a GC, you can get a travel document, but of course, if you have asylum and return to your country, that can potentially cause problems (though if you have permission to re-enter the US, you would likely be allowed to enter, though I suppose it is possible you would be detained and/or placed into Immigration Court). Take care, Jason
On July 1, 2022, USCIS issued a new rule to get travel document (I-512T) to TPS holders. The information can be found here:
https://www.uscis.gov/humanitarian/temporary-protected-status#:~:text=To%20apply%20for%20TPS%20travel,in%20Part%202%20Application%20Type.
Beginning July 1, 2022, USCIS will issue a new travel authorization document to Temporary Protected Status (TPS) beneficiaries: Form I-512T, Authorization for Travel by a Noncitizen to the United States.
Beginning July 1, 2022, USCIS will issue a new travel authorization document to Temporary Protected Status (TPS) beneficiaries: Form I-512T, Authorization for Travel by a Noncitizen to the United States. We will no longer issue advance parole documents as evidence of our prior consent to a TPS beneficiary’s travel outside the United States.
If you are a TPS beneficiary with an existing, unexpired advance parole document, you may continue to use it for travel outside the United States through the period of validity printed on it.
If you are a TPS beneficiary applying for a new travel authorization document, you should continue to use Form I-131, Application for Travel Document. If you have a pending Form I-131, you do not need to file a new application.
We will continue issuing advance parole documents to noncitizens with pending applications for TPS (Form I-821).
I believe the I-512 is the document they issue to the person when they travel (i.e., the Advance Parole document). As far as I know, this document cannot be used to like a passport; it can only be used to re-enter the US and you would need a passport to actually travel to another country. Maybe some countries accept the I-512 as a passport, but I have never heard of that before. Take care, Jason
I may not explain right. So, my main question was if as an TPS holder, it is safe to travel to my home country to renew my passport and come back to US using the travel document, or it can be risky?
Thank you
I am not aware of any risk in traveling to your home country if you have TPS. If you have a pending asylum case, that would probably be a problem for the asylum case, but I do not see how it would be an issue for a TPS case. Take care, Jason
Hello Jason,
First of all, thank you for this blog, I have been following it for 5-6 years and it has been really helpful during my asylum journey. I applied for asylum in 2014 and finally it was approved in May last year. So, after the new rule was published, I did immediately apply for GC in March this year. So, now I have already more than one year with approved asylum. So, Can I apply to Travel Document and travel outside USA? Will it affect my i-485 application? Will the “one year of physical present in USA” reset when I entered to USA again? If I travel outside USA (other than my native country) I can have even a minimal possibility of been denied entering to USA, so there is any risk?
I am asking all this questions because my wife wants to meet their parents in a third country next year, but I am afraid of experiencing any type of difficulties when coming back to USA or putting in risk/delay our GC application.
I do really thank you in advance for any help you can provide us! Sincerely, JJ
JJ, Jason should respond soon. In the meantime, here is my opinion: Assuming you have not left the US since your asylum approval last year May, you’d have already met the 1-year physical presence requirement since we are now in June 2023. You can leave the US during the pendency of your asylum based I-485. However, you should NOT leave the US until you have a valid RTD (refugee travel document) in your possession (doesn’t matter what you read online). You should also make sure that all your biometrics appointments for the I-485 application are done. Since you have a pending application for adjustment of status, you may want to keep checking your online account/the USCIS website for case updates, especially if you are leaving the US for good amount of time. You don’t want to miss any important updates from USCIS (a request for evidence, for example) while you are out of the country. In addition, if you have any “thorny” issue(s) in your case- like a criminal record or serious driving offences, for example- you may want to consult an attorney before leaving the US. Aside from that, leaving the US with a valid RTD- valid up to the time of your return to the US- does not affect the approval or pendency of your I-485 application.
Jamie,
Thank you for that information. Yes, I have never traveled outside USA since 2014 when I applied for asylum. You are right, I don’t trust everything I found on internet specially immigration topic, so, I am not planning to travel overseas without a RTD on hand. Regarding the biometrics for the I-485 application, they are reusing the biometrics on file, so they should not send me a new appointment for that. I have my case added to my USCIS account and also have an app on my phone to get all updates, so I think that the only request of evidence I should receive from USCIS is the medical records. I am not planning to be outside US more than 2 weeks and I don’t have any “Thorny” issues in my case, never received even a speeding ticket.
I do really appreciate your feedback. Sincerely, JJ
Well said. Thank you, Jason
If you have one year in the US, travel outside the US is no problem as long as you return for any appointments and before the RTD expires. Travel does not re-set the clock, and if you don’t return to your home country, I do not see how there is any risk. Take care, Jason
Hi, has anybody been experiencing EAD card production delay ?
I heard their card production system has some issues. My ead renewal is approved but has been waiting for my card…
First time EADs are relatively fast – usually 2 or 3 months (but sometimes longer). Renewals are slow – they often take more than a year. That is why it is important to file to renew before your current card expires, and then you will qualify for the automatic 540-day extension of the current card, which you will receive when USCIS sends you the receipt for the new card. Take care, Jason
Hi Jason,
I was referred to IC and planning to re-newer my EAD online. Should I be selecting “Pending Asylum” as my status?
You would renew in the same way as you did at the asylum office. The case should continue to be category c-8, asylum applicant. Take care, Jason
Hi Jason, thank you for creating this platform and share with us very important ideas. My story…, after waiting for 6 terrible years I did my asylum interview in March,2023 and haven’t heard any decision yet, is their anyone in similar situation or get decision during this period? I’m really frustrated by the long wait. Thank you!
Unfortunately, this is a very common situation, and decisions are also coming slowly. I did a blog post with some ideas for inquiring about the decision on June 2, 2021 and maybe that would help. Take care, Jason
Hi ABO,
I did my interview in March 2023 and waiting for the decision.
Thank you ETH for sharing your experience. I contacted them via email two times the 1st response looks like a general and have been waiting for the second response . Hoping for the best! Have you ever get a chance to contact them?
Hi Jason. I am Asylee originally from Pakistan. I filed i730 for my Family in October 2022. Case Approved by USCIS & sent to NVC in April 2023. My Question is that how much time it will take in NVC to Approve?Any idea?
We recently did a case from Pakistan and it looks like from the time the I-730 was approved until the time of the consular interview was about eight months. We got the interview notice about a month before the interview, but I do not know exactly when NVC passed the case on to the embassy, but probably you will be looking at a similar time frame, since this case was resolved less than 3 months ago. Take care, Jason
Hi Jason
Hope all is well,you have answered of my questions many times always appreciate.
My asylum case is pending at NY IC
and waiting for master hearing for more than a year.I have TPS status too and couple of months ago I applied for travel document along with my family but they decided it
and the answer is while our case is in IC and withholding status we are unable to get travel document.
It is too much they kept waiting 7 years at Asylum office and now I don’t know how long in IC.
Is there anyway I can expedite my case in IC?I look forward your reply.
Best regards
Jhampa
I have had clients with TPS and Advance Parole who traveled and returned to the US. However, I think that is a bad idea and I think they took a risk of being unable to return. It would be better if you could complete the court case and win. You can try to expedite the case – I wrote about that on April 20, 2017. Take care, Jason
Thanks Jason for your reply.
Can you do the documents for me I will pay for you please.
I am not sure what documents you mean. You can email me if you want to arrange a consultation: jdzubow@dzubowlaw.com. Take care, Jason
Morning Jason,
I applied i-765 and found out my ead clock is stopped. I applied after waiting 170 days. Uscis says my ead clock is stopped due to change of address. I never changed address but this is weird they say someone sent a letter to asylum office that im moving and requested change of asylum office. I never wrote that letter i dont know who wrote it. Maybe one of my friends who i dont talk to or a bitter ex i dont know. What to do . Can i get my clock restarted due to address being changed without my knowledge. My asylum is with asylum office
This is the exact reason why I don’t like to share asylum information with anyone, including employers.
People can use our information for bad purposes… So the govt should really have a new work permit options for asylum seekers. So we can fulfill the I-9 requirement but not out ourselves as asylum seekers…
I would email the asylum office, explain the problem, and ask if they can start the clock. Hopefully that will work. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason, Thanks for your kindness always. I was granted asylum in February 2023 through the immigration court. I originally applied in 2015 but was referred to the court by the asylum office. After asylum was granted in February 2023, I applied for an A05 EAD in April. EAD status is currently showingfinger printapplied to case. On June 18, I received a mail in my mailbox with form I-797C indicating that I applied for asylum and withholding of removal on June 13, 2023. Notice type: Defensive receipt notice. I did not make this application. Is this something to ignore? I appreciate your guidance. Thanks.
That is strange, but I do not know what you can do about it. If you have the asylum approval from the court, you should be ok. The “defense receipt notice” is for people who applied in court and does not mean that there is a separate case pending with USCIS, and so I think it is ok. But if you move, make sure to file a change of address (form AR-11, available at http://www.uscis.gov), that way, if USCIS sends you anything else, you should receive it (and anyway, everyone who is not yet a US citizen is required to file the AR-11 if they move). Take care, Jason