Anyone with a case before the Asylum Office knows that the system is not functioning properly. Applications take years–many people who filed in 2015 are still waiting for an asylum interview–and even after you are interviewed, it can take additional years to receive a decision.
For most applicants, the only way to move their case along is to file a mandamus lawsuit. Indeed, data from TRAC Immigration shows that the number of mandamus cases filed against USCIS has ballooned over the last few years. In Fiscal Year 2020, for example, there were 1,295 mandamus lawsuits against USCIS. For FY2023, TRAC estimates that USCIS faced more than 6,800 mandamus lawsuits (these include asylum cases and other types of USCIS cases).
The TRAC data is consistent with our experience and with what we’ve been hearing from officials at USCIS, who indicate that the only way to get an asylum interview is to sue the agency. Here, we’ll discuss mandamus lawsuits and whether “premium processing” might be a better way to deal with delay at the Asylum Office.
Let’s start with the basics: What is a mandamus lawsuit? Asylum applicants who have been waiting an unreasonable amount of time for their interview or decision can file a lawsuit in federal court and ask a judge to order the Asylum Office to do its job (i.e., complete the case). Before filing a mandamus lawsuit, the asylum applicant needs to “exhaust her remedies.” This means that she needs to make “normal” efforts to get an interview or a decision. These include contacting the Asylum Office and asking them to give her an interview, contacting her Congressional representative for help, or maybe seeking help from the USCIS Ombudsman. When those efforts fail–which they usually do–the applicant can then file a mandamus lawsuit.
Rather than fight the lawsuit, the Asylum Office will usually (but not always) negotiate an agreement where they create a time frame to interview the person and issue a decision. The Asylum Offices generally do not want to litigate these lawsuits because that takes a lot of resources, and given the very unreasonable delays for affirmative asylum cases, most federal judges will ultimately order the Asylum Office to do its job. In other words, the Asylum Offices do not want to fight mandamus lawsuits because they know they will lose. And so it is more efficient to acquiesce and complete the case rather than fight the mandamus in court.
One problem with filing a mandamus lawsuit is that such cases are not free. While it is possible to do a mandamus without a lawyer, most asylum seekers are not comfortable with that, as the federal court system can be complicated and intimidating. Also, the Asylum Office may be more likely to fight the case where the applicant is pro se (unrepresented). Fees for private attorneys vary widely, but a reasonable range is probably $2,000 to $4,000 for most cases where the parties reach an agreement to complete the asylum case, and significantly more if the case is fully litigated in court. There is also a filing fee, which is $405 (low income people may be able to waive the fee).
Mandamus lawsuits also cost the government money and resources. The U.S. Attorneys’ Office (which is part of the Justice Department) defends the lawsuits. My sense is that the government lawyers involved in these cases would rather be doing other things with their time, which is another reason these cases often settle. The federal court also spends time on mandamus cases, and while most of that work is done by staff, I would guess that federal judges are not thrilled about their increasing mandamus case load.
In short, the mandamus process is expensive and inefficient. But there is an alternative–premium processing.
Premium processing already exists for certain types of USCIS cases. Basically, the applicant pays an extra fee, and the case is processed more quickly. This obviously benefits the applicant who pays the fee and has his case completed, but it also benefits everyone else by removing expedited cases from the regular queue and by bring more money into the system.
To be clear, premium processing is not currently available for asylum applicants. I have been arguing for years that it should be available. Asylum seekers have paid for their journey to the U.S. and they often hire lawyers, and so many asylum seekers have the resources to pay for premium processing. In addition, many asylum seekers would welcome the chance to pay for faster service–thousands of them are already paying for mandamus cases, which is a total waste of money. That same money could be spent on premium processing, which would improve the asylum system for everyone.
The main objection to premium processing, at least as I understand it, is that it looks bad. USCIS does not want humanitarian applicants to pay a fee, and they do not want the appearance of asylum seekers “buying” status in the United States. It seems to me that the first objection was rendered irrelevant when the Trump Administration tried to impose a fee on all asylum seekers. The second objection is also moot, given that thousands of asylum seekers are already paying for their cases to be completed by filing mandamus lawsuits.
There are currently more than 1.1 million cases pending at our nation’s Asylum Offices. Some of these applicants have been waiting six, seven, eight years or longer. The number of mandamus cases is rapidly increasing, and will pose a threat to the dockets of many federal district courts. Mandamus cases also waste tremendous amounts of time and money. Given the current status of our asylum system, something desperately needs to change. Premium processing is one possible solution.
Premium processing will benefit applicants who pay, and–to a lesser extent–applicants who do not pay. It will bring relief to U.S. Attorneys’ Offices and federal courts. It is a creative solution whose time has come. Let’s hope that USCIS will give it a try.
Jason, my wife got her asylum approved 5 years ago and filed for I-485 one year after that. We waited and waited and waited till this year & we decided to file a mandumus action. Since we can’t really think of any reason gor tgis delay, do you think our decision will bring any happy ending to this mysterious silence and delay from the uscis?
Unless there is some reason she is not eligible for the green card, the mandamus sounds like the appropriate action (assuming she made some efforts to resolve the case prior to the mandamus). I have no idea why a GC would take so long, but USCIS is a mess, and it was even worse 5 years ago, and so the problem may be USCIS and not her. If that is the situation, hopefully, the mandamus will resolve the case. Take care, Jason
Hi Jason – I’m wondering if there’s any data that shows a positive trend between mandamus and asylum approval? My impression is that because of the adversarial nature of mandamus (i.e. threatening to sue the USCIS), most mandamus asylum cases – despite expedited interviews – end up getting rejected. Is this true?
I have never seen data on this and I doubt it exists. In my experience, I do not think the asylum office retaliates against people who file mandamus cases, and so I do not believe it is more likely to get a denial if you file a mandamus. Maybe other lawyers have had different experiences, but I have not heard about other lawyers complaining that their asylum cases were denied after they filed a mandamus. Take care, Jason
I applied for Affirmative Asylum in February 2015, my status since then is “The next step is an interview”, next month it will be 9 years since I applied, any advice besides “keep waiting”?
Try to expedite – I wrote about ideas on March 23, 2022. If that does not work, try a mandamus lawsuit to force them to give you an interview. Good luck, Jason
Hello Mr.Jason
Thanks for your support and help to asylum community.
After my IJ granted my case I have applied to EAD and RTD on January 5, 2024 after a week I received a Notice of action (I-797C) for my EAD but I didn’t get anything for my RTD is this normal or should I be concerned about it?
Thank you.
John
It is too soon to be concerned. It can take a month or longer to get the receipt. If you do not have it by the end of February, then I would start to wonder whether something is wrong. Take care, Jason
Trump will become republican nominee, I have made this projection like a few years ago. So my opinions worth something I feel.
Now I am worried that a certain politician whose name starting with N being picked by him as VP. Is there anyway asylum seekers can do to reduce the chance it happens ?
Non-citizens have some limitations on how they can get involved, but they can get involved. I wrote about some ideas on August 25, 2020. Take care, Jason
Hello Jason
I attended my naturalization interview this morning in Nashville, TN. At the end of the interview the officer told me that she will submit her recommendations to her supervisor and I will hear from them soon. Later this evening I checked my case history on MyUSCIS and I got the following message:
We recommended that your Form N-400, Application for Naturalization, be approved. Your case was submitted for quality review.
My question is what does she mean quality review?
Thanks
I do not know what that means, but my guess is that it is nothing significant and hopefully, you will get a positive decision soon. Take care, Jason
It simply means that your application has been approved conditionally. The condition is that they have to double check to ensure that you are actually eligible to receive a status- in this case citizenship status- that is very difficult- but not impossible- to take back from you. Therefore, they have to cross check, double check, and dot their I’s and cross their T’s. You could also say that the application was preapproved pending a more thorough review of the application, your file, the supervisor’s signature, etc. Most of the applicants will see this status, and most of them will eventually receive their N-445 (Notice of Naturalization Oath Ceremony).
This is why I should just wait for you. Thank you, Jason
Haha Jason, you are the best 🙂
Hello Jason,
I’m a Ukrainian citizen married to a Russian citizen, and we are currently in the US. Looking into our future, it’s not possible for us to live together either in Ukraine or Russia due to the ongoing war. Russia is not a viable option as I would face persecution for my support to Ukraine, especially being male. However, Ukraine also doesn’t seem like an option due to the understandable animosity towards Russians. I wouldn’t feel safe returning to Ukraine myself, and bringing my wife there is not even an option.
It seems that to stay together, we have to find another country where we can live. Since we are in the US, do you think it would be a valid reason for an asylum application?
Thanks!
I think this is a difficult situation, as your fear of returning to either country is definitely understandable and legitimate. However, I do not think it is an easy case for asylum. If you file for asylum from Ukraine, for example, you will need to show that you face persecution in that country on account of a protected ground – maybe imputed political opinion, since people will think you are pro-Russian for marrying a Russian person (I wrote about imputed opinions on January 10 2024). My sense is that your wife would have a stronger case – as Russia is the worse government and maybe they would persecute her for her marriage to you and for her imputed pro-Ukrainian political opinion. I would recommend you talk to a lawyer to go over the specifics, decide whether there is a case, and who has the stronger case (you can also each file your own asylum case, but it may be better to choose one person). If one of you files for asylum and wins, the other person would also get asylum as a dependent, even though the second person is from a different country. Take care, Jason
Dear Jason,
I’d like to thank you for educating us during this tough season of our life.
Today, I checked immigration news and saw something new. Have you heard anything about immigration negotiations move to a new phase?Do you believe immigration reform coming soon?I think about Amnesty as well.
I hope to have good news soon that works for many asylum seekers on the backlog .
I have heard that something is happening in the Senate, but whether it will go anywhere, or whether it can get through the House of Representatives, I do not know. I kind of doubt it, given what has happened in the past (nothing). My sense is that any agreement will try to stop migrants from coming across the border and might provide status for certain noncitizens who are already in the US, such as the Dreamers. We shall see. Take care, Jason
Hi Jason,
Quick question on naturalization & I-485. When i had my GC interview i was asked if i ever lied to immigration or in my asylum case, naturally i said no. Now in the N-400, it specifically asking if i lied to get admission to the US, my last trip to the US (i stayed after that), i honestly told the officer that I’m here to relax after my friend died. I knew then i will never go back home due to prosecution, but at that time, i didn’t know if i can stay in the US, leave to Canada, Europe. I was emotionally traumatized and didn’t know the future or what I will do next, difently knew that i wont go back home though. Now to answer that question, should I answer yes and explain that im just answering yes out of caution. Or answer no and explain during the interview if asked. Also if i answered yes, will that be inconsistency with my I-485?
Thanks!
This can be tricky. I am inclined to say no, since you did not have a plan formulated at the time, and thus you were not misrepresenting anything. However, it really depends on the exact specifics of the situation and so I am not sure. Whatever you answer, you can circle the question, write “see cover letter” next to the question, and explain what happened (as you did above) in the cover letter. You can provide further explanation in the interview, if they need it. Doing this should protect you from any USCIS accusation that you are lying about prior misrepresentations, and this really is the main concern with this question on the N-400. Take care, Jason
Hello Jason. This morning I checked my asylum application online and it shows my interview has been scheduled (after almost six years) and I am supposed to receive the mailed notice. Do you know normally how long would be the interview date from the day that the applicant received the notification in the mailbox? Thank you.
It may be a week or two. If you do not have anything in two weeks, maybe contact the asylum office to ask, as you do not want to miss the interview. You can find their email if you follow the link under Resources called Asylum Office Locator. Also, make sure you have all your evidence and your case is ready to go, so you can submit everything a week before the interview. Take care, Jason
Thank you Jason for responding to my question, I have one more question. My lawyer’s office address has been changed since I filed my application with him six years ago. Does the asylum office get notified about the lawyer’s office change of address?
They should and the lawyer should receive notice as well. Take care, Jason
Hello Jerald, did you expedited your interview? Or they just sent you interview notice?
Hi. I emailed an expedition request based on my medical conditions four months ago and they responded they would let me know about the decision. I hadn`t heard anything from them until today when I checked the status online like every other day and saw my interview was scheduled. I don`t know if it is the result of the expedition request or if it is a random thing.
Hello Jason,
Hope all is well!
I had my interview for adjustment of status based on asylum almost 4 months ago. I was told by interviewing officer that I will receive my decision within two weeks and since then no update. I have contacted USCIS several times and every time they are stating they can’t submit request for case update and I all I have to do is just wait. I applied for i485, 3 years ago and I am noticing cases that were applied in 2023 getting approved. Do you know what may cause decision delay? Is it something that I have to be concerned about it? What is the number one reason for decision delay?
Thanks,
P
Unfortunately, the officers often give a time frame for decisions and that time frame proves to be wrong, so I do not think the delay itself is a cause for concern. What could be causing it, I do not know, but delays are often caused by security background checks. You would think this would not be an issue where you were already checked during the asylum case, but it can be the reason. If you have made inquiries to USCIS, you can try the USCIS Ombudsman’s Office – there is a link under Resources and they sometimes help with delayed cases. If that fails, you might talk to a lawyer about filing a mandamus lawsuit, as that would likely get a decision, but it can be expensive. Take care, Jason
Good Morning Mr Jason.
I pray that everything is well. Quick question: I did a asylum petition to my wife and she came in USA already. At USA airport they put stamp( asylee and can work without work authorization).
Did she need info pass to get I-94 granted like me?
Thank you so much and have a good day.
If she came in based on an I-730, she should get that automatically, either at the airport or by mail. She should also get a work permit indicating that asylum is approved (category a-5). If she did not get those things, she can try to make an Info Pass appointment, which is a big hassle, or she can just apply for the work permit directly using form I-765, available at http://www.uscis.gov. The first work permit based on asylum approved is free. Take care, Jason
Hi April,
Just wanted to know how long did take your wife’s application I-730 to be approved? I applied for my family now it’s 1 year and 4 months and I still waiting
Thanks
Maybe April will respond, but you can check the processing time at http://www.uscis.gov and in our experience, the I-730 usually takes 1 or 1.5 years. Take care, Jason
I did her I-730 in June 2022 , I got the approval after 8 months and she came in September 2023.
Hi Jason!
Hope this message finds you well! Thank you so much as usual for helping people like us through this blog!
I have one question. My wife and I have got married and have been together here in the USA for couple of years and we are expecting our third child. I have a pending asylum case and a pending I-485 to adjust my status through marriage. The I-130 petition my wife submitted is already approved. I had decent job and her medical insurance was under me. I got laid off from my job recently and our health insurance will also expire with the job soon. Given my wife is pregnant, if she apply for medicare, will this affect our pending I-485 application? We are expecting result/ interview in a few months time (I-130 date is from 2019 and hopefully I-485 will get adjudicated in a two to four months time as per the online status) so we dont want to risk anything. If her applying to medicaid has an effect on my adjustment application, could you please advise what option we have till I find my next career job. Thank you so much again!
I think her use of Medicare would not have any effect. In fact, I do not think that Medicare is the type of public benefit that affects a person’s ability to get a GC. I am not certain about that, but since you are not getting Medicare, I do not think it will matter. You can check form I-485 and you can see the Public Charge requirements in the form itself and maybe that would provide further guidance. Take care, Jason
Thank you Jason!
I got your email contact from an Asylumist blog and I can see many questions and your answers to those who need help.
I need help with my situation as well. I came to the USA August 16 2021 and I filed my asylum case in February 2022. My court date is on January 13, 2025. However, the attorney I hired who took me through all these steps, without a warning, told me he was resigning from practicing law due to personal reasons. This happened a day after I finished paying him off the debt he charged me from when I hired him which was $5000. This $5000 was to lead me through all the process until the end which is being in court with him as my representative. When he gave back my file he told me that he did at least 90% of the services he was expected to but just not representing me in court. After this he then gave me my whole file so that I would be able to hire another lawyer in which he suggested 3 of his colleagues. I met with one of the suggested lawyers and I am being charged the exact amount of $5000 in which I will be expected to pay if I hire this lawyer and this will total up to $10,000. I then googled maximum legal fees and services for lawyers towards asylum seekers in the state of Oregon and the highest amount is $7800.
My question is, how do I deal with this situation having to be charged twice as much? Maybe I am wrong but I would like to know how ethical this is that without a warning a lawyer will decide to stop helping his clients and disregard the original agreement? Also is it ethical that this lawyer is charging me another $5000 even though the process is almost half-way done?
Thank you kindly.
That’s why I have a low trust in a considerable number of immigration lawyers.
Not that I inherently discriminate them but because what they are dealing with are high stake issues to the immigrants but it’s easy for them to back down and brush it off. It’s very important to find a competent and ethical lawyers who knows what s/he is doing and cares about your case like @Jason is.
Now you are in this horrible situation, without a lawyer and if you want to find a lawyer, you will be paying another $5000, without knowing whether you will succeed in your immigration case and without knowing whether this lawyer will also resign due to personal reasons and then recommend you to his friends, and then if you want to retain them, you will be required to pay another $5000. I want to ask @Jason, what can @Thobile do ? And this is also on behalf of many under-resources immigration applicants, they have limited means to hire a lawyer, they don’t have the money or resources for tryouts, they need legal assistance, what they can do to ensure they find the best legal assistance possible ? The reality is, not every immigration lawyer is an expert in asylum law as you are. Many subpar attorneys are in this field for money, which is also a reality.
@Thobile, my opinion is that if you signed a retainer agreement willingly and voluntarily beforehand and if it contains some liability-shedding language then…I am afraid you don’t have a recourse…sorry about that…
You will have to look at the contract you had with that lawyer. For most flat-fee contracts (and it sounds like your contract is flat fee), you pay the lawyer money (here, $5000) and that money goes into an escrow account. An escrow account is an account where lawyers are required to keep money that is not yet earned, so even though the money is in an account controlled by the lawyer, it is not yet his money. For every hour the lawyer works, he can “draw down” the escrow account by the amount he earns in one hour. So for example, my hourly fee is $300 per hour. So if I work 5 hours, I can draw down $1500 (5 hours X $300). This means I move $1500 from the escrow account to my operating account, where the money is now mine and now the clients. So if you paid me $5000 and I worked 5 hours on the case, and then I retired from practicing law, I would keep $1500 and return the remainder ($3500) to you. In your case, you can ask the lawyer for an accounting – he must show you exactly what he did, how long each task took, and what the total time was that he spent on the case. If he earned the $5000 by doing legitimate tasks towards your case, you would not be entitled to a refund (probably – again, it would depend on the specifics of the contract). However, those tasks need to be legitimate and he should be able to show you his work product. Ultimately, if you feel he is ripping you off, you can go to the state bar association (an organization that monitors lawyers) and complain (though they are generally pretty useless, a threat to go to the bar association can be an effective way to get a bigger refund) or you can file a lawsuit against him. Hopefully, you can reach some type of accommodation and resolve the problem without doing any of that, as it is better to get whatever refund you can, and then move on – you need to focus on winning your case and not be too distracted by this unfortunate event. In terms of the second lawyer, again, it depends what that lawyer needs to do. Even if one lawyer did a lot of the work, it does not mean that the second lawyer will use that work, and even if the second lawyer can use that work, the lawyer still needs to familiarize himself with it, and that takes time. Maybe you want to look for a lawyer who can do the remainder of the case for a lower price, but that may not be easy to find. Take care, Jason
Thank you Jason for the explanation on my dilemma.
I will say I do understand you to a certain point of my own understanding in terms of the $5000 flat fees. Yes the former lawyer charged me on a flat fee which included all the services of being my represented until court and beyond if need be, which of course we would discuss on more fees. The most excruciating thing right now is that, he dumped and live me in a very critical stage whereby I would have to run around looking for lawyers comparing fees and each consultation has a $100 fee. I am just barely getting on my feet and have to have $2000 down payment by the end of next month for another lawyer. Now I am afraid that they might live with me before the court date or if they will win my case.
I am desperately looking for a good, caring and a badass immigration lawyer ASAP. Please anyone who might know a good lawyer please let me know.
Thank you
Unfortunately, I have come across these type of situations for too many times. You are unlikely to get substantial compensation or punish the subpar lawyers. You are likely ordered removed and you will probably be deported without the recuperation of your money. There are simply not enough high quality immigration attorneys like @jason out there. Many are subpar and many are in this field for money, often times both. It’s a reality that you should have familiarized yourself with when you made the decision to apply for asylum.
I am not sure I agree with this (well, I agree with the part where you say I am a high quality lawyer, but not the other parts). There are many attorneys who work hard and do their best for their clients. I do think it can be difficult to tell who is a good lawyer and who is not, especially after you’ve been burned once before. I did a blog post once to help people find free lawyers (on September 22, 2016) and maybe if the person contacts some of those organizations in his state, they can help refer him to a quality lawyer. I would say a recommendation from a non-profit is a good way to find a decent lawyer. Take care, Jason
It is a difficult situation. I do think you may be justified in asking the old lawyer for some money back to help you pay for the next lawyer. Maybe if you ask for an accounting of the work the lawyer did, plus a copy of all that work (which may make it easier for the next lawyer and thus save you money), that would help. Good luck, Jason
Hi Jason,
Hope all is well with you, thank you for your answers I asked you in different times, appreciate for that.
Now my question is if I write letter to IC to process my master’s hearing which I am waiting for almost 2 years. What should I mention in the letter.
Is it possible if you can help to prepare letter ,I will pay you.
I look forward hearing from you.
Best regards
Jhanpa
It depends what you want to do. I wrote about how to make a case move more quickly on April 20, 2017, and in that post, I provide some guidance that might be relevant. As for hiring a lawyer, typically, a lawyer can be hired for the entire case or not at all, and so if you wanted to hire me, I could potentially do the whole case, but I would not be able to assist with one part of the case. One reason for this as that the only way for a lawyer to assist with part of a case is to enter his name with the court, and once we do that, we are obligated for the entire case unless we file a motion to withdraw (which judges do not always grant). Take care, Jason
Thanks Jason,
I have the lawyer for for entire case
But he is not that much reliable I am thinking to change the lawyer.
Thanks Jason for your great great help.
Best
Jhanpa
Thank you @Jason for your explanation i think it does make sense to a certain point of my understanding of immigration lawyers and their services.
Yes with the former lawyer we agreed on a flat fee which was the $5000. The down payment was $2000 then i paid off my $200 installment. The most excruciating thing is, being dumped on the critical 11th hour stage and I just barely trying to get up on my feet and now I have to fork out another $5000 before the end of the year. Like @Low Trust said, finding and trusting another lawyer becomes difficult when having to experience such treatment. Can somebody help me if anyone knows an immigration lawyer that is a bad ass, caring and ethical out there? I would really appreciate the help as I am actively looking for one please.
You can try retain @jason if he has the capacity, he is the only non-pro bono lawyer I would recommend. I don’t know any other competent non-pro bono lawyers. You can try some pro bono organizations. Some do last min deportation defense.
I have a granted asylum case in France. I have French travel documents. I want to come to Mexico and then illegally cross the US-Mexico border. Then, I plan to apply for asylum in the U.S. without telling them about my asylum case in France. I do this because I think France is not as good as America for future trajectory. Do you think my asylum will be approved in the U.S.? Do you think US government will know about my asylum in France? Thank you for your response!
@AHMAD ASHLEY
For better future trajectory cemetry is much better place to be in.
You got protection in France with travel documentation already ? Whatelse would you need then in life? You quit home to be in protected place which you are right now. Whatelse then ? Is this some kinda window shopping you wandering for ?
Dove, how mean? 🤣🤣
I think there is a reasonable chance that the US government will know about your asylum in France. If they do know, this will cause them to deny your case in the US. Also, if they think you are lying about your history, that is also grounds for a denial and potential criminal prosecution. Take care, Jason
Ahmad, I am not judging you as I don’t know the entire facts of your case- but are you seeking asylum because of a legitimate fear of persecution or are you using different countries’ asylum systems as a pathway to economic migration? Personally, this is a reasonable question because, while France’s asylum system is not perfect, there is no evidence to suggest that France’s asylum system is so bad that refugees and asylees can’t feel at home in France. Furthermore, the wording of your questions suggests to me tat you are looking for better economic prospects.
In any event, Jason and others already responded with excellent advice. You should know that failure to disclose that you filed an asylum application, and won, in another country is grounds for deportation and revocation of whatever status was given to you by the US government (even you naturalized). In addition, you can be denied asylum if the US government knows that you settled in another country- before you filed for asylum in the US- that could have granted you asylum. Now, imagine if that country actually granted you asylum and a travel document! Just so you know, the I-589 form does ask you these questions, if my memory serves me right. I think you are also asked to list the countries you’ve travelled to or lived in. Bear in mind also that the US government does check international records/databases- because of information sharing between countries- and the government does know more than you think.
I therefore can’t stress enough that you should NOT submit an asylum application in the US since you already gained that status in another country that has a functioning asylum system. You should consider alternative routes (legally) to the US if you’d like to migrate to the US for a better standard of living.
This is good advice, and also, I forgot to mention before – if coming here causes you to lose your status in France, you could still be considered “firmly resettled” in France for purposes of US asylum law, and this would make you ineligible for asylum in the US even if you cannot return to France. In other words, seeking asylum here could cause you to lose status in France and not get status in the US, and so you need to be very careful about how you proceed. Take care, Jason
Jason,
My family appreciate you for being a free legal advisor to the community. God bless you!
My spouse and I have separate asylum applications. I am a dependent on his case which got approved recently. Can l witdraw my asylum application citing my statua change based on his approval?
Yes – there is probably no reason to continue your case, but if you think there may be a reason to continue your case, I guess you can do that. However, if you are now an asylee dependent, you can also withdraw your own application, as discussed in my article dated December 7, 2022. In general, in this situation, it probably makes sense to withdraw, but that is not required. Take care, Jason
Good evening Jason and the Asylum community,
I wrote before that I applied for Asylum Feb16 (affirmative), got interviewed Dec18, decision is pending (as of this post!). I applied for FOIA access sometime in Sep23, and today, I received it. As I was perusing my file, I noticed one portion of the documentation that USCIS shared:
Action
Interview date (12-10-2018)
Asylum Officer ID (XXXXXX)
Decision:
Approval date:
Denial date:
Referral date: 2-1-19
Just to let you know, I have been following up with USCIS on the status of the decision intermittently, I get the automatic response that decision is still pending.
What are my options at this point now that I have secured my FOIA? I am a bit confused, I read many of your blogs – And I appreciate so much the knowledge and perspective – which were informative and helpful, but is there anything specific I can do moving forward?
With appreciation and thanks
AAH
It sounds like there is a recommendation by the asylum office to refer your case to Immigration Court. Whether that will be the final decision and when they will actually finish the case, I do not know, and I also do not know the reason for the delay. Many cases, even referrals can be delayed due to incomplete security background checks. I did a post on June 2, 2021 with some ideas for getting a decision, but maybe you want to email the asylum office with this same info (that you posted above) and ask more specifically what is happening. You can find their email if you follow the link under Resources called Asylum Office Locator. Also, maybe you want to file a mandamus to force them to give you a decision – We wrote about that on October 2, 2018. Even if the decision is negative and you go to court, that may be better than waiting in limbo forever, but that is up to you. Take care, Jason
Hi Jason, thank you!!
hello jason,
after waiting for 16 months today i finally got my refugee travel document in hand and i want to travel next week but i have a pending writ of mandmus against uscis for delayed GC based on asylum so can i travel overseas on vacation (europe) not my country though ??? will being overseas while i have writ of mandmaus case in the court effect my entrance? can USCIS work on my case while i’m overseas or i have to be here to work on my case?
thanks
That’s the answer i got from my writ of mandamus attorney but i really trust you jason a lot so wants you opinion too.
The lawsuit is focused on the delayed timing of a decision on the I-485 application. As long as you have a valid travel document and there are no other inadmissibility issues, the lawsuit should not impact travel plans. The lawsuit is public record though so it may show in your background, however, in the over 1900 lawsuit cases we’ve filed, we haven’t seen the government retaliate or get upset in the past. Of course, reentry into the US is always up to the discretion of the port-of-entry officer and we cannot control or predict how they will act.
so my question now jason please do you think when the port of entry officer sees lawsuit on the public record at the airport could that effect my entrance back to the US? i used refugee travel document 5 times last year and had no issues at all? and do you think worth the travel on the vacation now or wait another 30 days which the USCIS requested to finish my case?
thanks
I think the lawsuit would have no effect at all on your ability to re-enter with the RTD. However, if you think the I-485 case will be resolved in 30 days, maybe you want to wait to travel, just in case USCIS wants to interview you in that time frame. Take care, Jason
Thanks a lot jason!!! i appreciate your answer and yeah i will wait another 30 days then travel freely cause i also got this message from my attorney :
(Great news – we heard back from the US attorney, and she stated USCIS is actively reviewing your I-485 case. They intend on immediately filing their response to the show cause order and requesting 30 days for the Defendants to answer the complaint.)
i really appreciate your help jason!!!
god bless you
I might clarify that message with the lawyer. It sounds like the government will respond to your mandamus complaint within 30 days, but that does not mean you will get an interview within 30 days. The interview may not be for a few months after that, and so maybe you can travel now. Anyway, I would ask your lawyer for some clarification. Take care, Jason
so that doesn’t mean they will ask for 30 days to respond to the mandamus complaint ? at first the judge gave them 60 days in DC but USCIS asked motion to transfer the case to the district court i live in and then the judge here ordered show cause but what i understand from the message that the USCIS will ask for 30 days to respond to the mandamus case so they will have to give me a final decision in 30 days so that my attorney dismiss the case not 30 days to only respond show cause? so even if they want to interview me they will have to give me a decision within 30 days cause that what they will ask the judge here for another 30 days to work on my case !!!! i feel like there’s misunderstand on here???
I mean from what i know the mandamus for delayed i-485 is different and these 30-60 days is for adjudicating a case and give a final decision including the interview if it’s needed not like asylum interviews cases where people sue the USCIS just to get interview after 8 months in some states??? am i missing some info here? i sued them to adjudicate my case in 60 days not to get interview then dismiss the case then they wait on me for another 4-5 months and the 30 days they will ask the judge for is for the whole process as the USCIS until now didn’t decide yet if i will need interview or not but even if i need it they will have to give a decision in the timeframe they asked the court for! am i understanding the whole situation right?
I do not know exactly what the message means, but presumably your lawyer does – I would just ask and then you will have clarity and can decide whether now is a good time to travel. Take care, Jason
Thanks a lot Jason for all of your efforts we all appreciate it and i called my attorney on Friday and she insisted that the 30 days for the whole process and that they need to interview me and give a final decision in these 30 days period unless they decide to wave your interview then you will get the card in the mail so yeah she insisted the 30 days extension by the USCIS going to include a final decision so that my attorney can dismiss the mandamus case against them.
have a blessed day.
That’s good – so I imagine you will put off the travel until that is done. Hopefully, it goes smoothly. Take care, Jason
I do not see why it would matter, or even that USCIS would know. You just have to be available for any appointments that they might schedule. Take care, Jason
Thanks god thanks god thanks god
Today i got this status update ( On January 22, 2024, we ordered your new card for Receipt Number MSCxxxxxxxxxx, and will mail it to the address you gave us. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
Finallyyyyyyy my green card got approved finally after long journey since my asylum case was filled! The US attorney said 30 days to answer my mandamus case but only after 3 days they approved my case and without an interview! Thanks jason for all of your help through this journey now i will take 3-4 years break from the immigration stress and headache until i apply for the citizenship!
Thanks a ton again jason and good luck to y’all
That is great news. Too bad you had to file a mandamus to get USCIS to do its job, but at least they did it. Take care, Jason
Hi ADAM,
How long after you filed I-485 did you submit a lawsuit?
Dear Jason,
Thank you so much for your work on this blog! I recently read your book on Kindle and found it also incredibly informative.
My interview has been pending since 2017. I live in NY, and considering filing a writ of mandamus myself, taking inspiration from similar cases available online. I wanted to ask:
- As a pro se litigant, is it acceptable for the complaint document to be written in the third person?
-Should I include evidence/exhibits like my previous communications with the asylum office, and my daughter’s birth certificate as evidence of my family separation?
- Is there a guide available that details the step-by-step process for filing, something that explain aspects like filing, serving the summons etc
Thank you again for your time and valuable insights.
Thank you. 1 – You can write in the third person or first person; I do not see that it would matter. 2 – Yes. I do not know what other evidence might help, as I do not do mandamus cases, but I think the type of evidence you mention is relevant. 3 – Not that I know of. However, if you can find basic guidance, that would be a start, and them you can call the court clerk – clerks at the federal courts are usually pretty helpful, and some offices even have people who help pro se (unrepresented) litigants, so it is worth contacting them to see. Take care, Jason
Just a comment. I am very disappointed in the United Nations. They should act as world police, have universal jurisdiction and bring justice to the wronged party and punish the persecutors around the world. Isn’t that what they are supposed to do ? Now because United Nations don’t do its job, people have to seek asylum in the U.S….It unfairly burdens the U.S. immigration system and that in turn, indirectly harm asylum seekers (etc, LIFO, EAD delay, mandamus lawsuit). Why can’t United Nations’ court convict Putin and Hamas of crimes against humanity and execute them ?
Hi,
Thanks for all you do! I was wondering where I can find the name of the director of the asylum office my case is at? I googled it but couldn’t find up to date official sources.
Thank you!
I do not know, as they do not list such information on their website. If you are trying to contact that person, you can always just write to the asylum office and reference the “Director,” though I doubt the person will respond. Take care, Jason
Hi Jason,
Thank you for all your help.
I have this weird situation.
My husband and I, along with our kids, filed for asylum seven years before (I being the principal applicant). However along the line we got divorced and he needed to apply for himself (2020). In his application he also included the kids. When I was called for my interview last year, I found out my kids were removed from my application and only included in my ex husband’s application. However, I argued with them and made them include my kids back to my application. So now my kids are included in both applications as a dependent (mine and my ex husband).The sad part however was my case was referred to Immigration judge (I found out from FOIA). When I asked the AO when I will get the letter, he said they will only send me my decision letter only once my ex husband got interviewed and receives his decision letter. The reason being they can’t send the kids to IJ since they have chance with their father’s case. I asked when he is going to be interviewed and they said they don’t know it.
I am stuck.
My questions are:
1. Have you ever encountered such a scenario?, if so how did it end?
2. What are my options if my ex is not going to be called anytime soon for his interview? I need your usual help, please, Jason.
Thanks,
I agree that this is weird. I guess it makes sense that they cannot refer your children to court, but they could refer you to court alone. Maybe you can email and ask them about that, as it may be better than sitting in limbo, maybe for years. You can find their email if you follow the link under Resources called Asylum Office Locator. It may also be that there is another reason for the delayed decision, as many decisions are delayed. As to the questions: 1 – Not really. I have had delayed decisions, but as far as I know, not for this reason. 2 – Email them. I also did a post on June 2, 2021 with additional ideas. If nothing else works, you can always file a mandamus lawsuit to get a decision. We wrote about that on October 2, 2018. Take care, Jason
Thanks a lot Jason,
Will try to reach the Asylum Office.
Sometimes, I am ruminating the asylum case of mine and many others. I hid and behaved to avoid harm, but that makes it hard to show past persecution, and I feel that, in the cases I know, future fear is harder to show than past persecution…it seems. So I am thinking whether I should provoke the potential persecutors to harm me so that I can show past persecution ? It’s pretty easy to hold up a banner with some inflammatory remark in front of a persecuting government and then get harmed……and obviously, it’s pretty easy to get severely harmed and harmed repeatedly…if the person who tries to get harmed intends it…so…if somebody obtained past persecution this way…would it work ? will it strengthen their asylum claim ?
I also do know people who actually did what I said to obtain past persecution element for their asylum claim…
Hi- I think I say what Jason doesn’t say because it’s not my blog and sometimes I frankly don’t care (only sometimes). Let me ask you a serious question, though- do you sit down and think about these nonsense EVERY SINGLE DAY?!!
Why would you provoke your persecutor to harm you to show that you’ve been persecuted or will be persecuted? Wouldn’t that amount to fraud, or a frivolous asylum claim, since you intentionally put yourself in harm’s way for the sole purpose of seeking asylum? Look at it this way, for example- if the asylum officer/judge asks you to recall your story and you told the officer/judge that you intentionally provoked your “potential persecutor” because you wanted to prove that persecution does exist, or you do it be found eligible for asylum (to show past and future persecution), what do you think the officer/judge would do?
Let me also make this clear- you do NOT need to show that you have been, or will be, persecuted to win asylum. You only need to objectively show that you can be (possibly) persecuted- or your fear is based on one of the protected characteristics or groups (the nexus))- to win asylum. You also need to show government complicity or inaction or inability to prevent the persecution. In addition, you need to show that relocating in your COP won’t prevent the persecution because the persecution may be widespread.
In my opinion, country conditions usually speak for themselves. So what that means is that the asylum applicant usually needs to show that s/he belongs to the group that is being persecuted/will be persecuted (and that group must be one of the recognized group for asylum purposes). You do not need to show you personally will be persecuted/you were persecuted.
Yeah but in practice, if a person has past persecutions, it’s a lot easier than just only having future fears…
If you are already in the US with a pending asylum case, I am not sure how you will go back to your country and get persecuted, and then come back here to continue your case. The return trip will do more harm to your case than any additional persecution might help. Take care, Jason
I mean I guess I can always hold up a banner with inflammatory remarks in front of the diplomatic mission…
to win asylum…
It sounds like a bad idea, but I have seen cases where people engaged in public political activity and used that as evidence in their case. Whether their activity was genuine or motivated by their asylum case, I cannot say, but the result is the same – they have more evidence for the case and there is more danger of harm if they return. Personally, I think such behavior is not necessary for most cases and usually does not add a lot to the case, but I guess it depends on the case. Take care, Jason
Hi Jason,Thanks for your support.
I have applied for asylum in August of 2022 and still waiting for interview.
1.Can this be considered as unreasonable timeframe?
2.I have talked to some lawyers,Some told me that I need to wait 3 years,another lawyer said 2 years and some say its personal decision.I wanted to know what is your opinion?
3.Have you ever seen anyone who has filed mandamus after 1.5 years can get asylum interview?
Thanks again
1 – Yes. 2 – If you have exhausted your other remedies (as discussed in the above article), I think you can file a mandamus. I would talk to the mandamus lawyer about this to be sure, as some asylum offices might be different than others in terms of filing mandamus cases. 3 – I don’t remember. I would not be surprised, but I do not know. Again, this may vary from office to office, and so I would talk to the lawyer who you plan to use for the mandamus. Take care, Jason
Hello Jason,
I am getting closer to fill my application to naturalize and my question is, during the naturalization interview, do you get asked questions about your ground for Asylum? Do they review your whole immigration history and Asylum claim before granting you citizenship?
Thank you for everything you do for the community.
They do review the whole immigration history and so sometimes if there are issues, USCIS finds them at the naturalization interview. They can also ask about the asylum case, but if they do, it is usually very minimal. Nevertheless, they can ask anything they want, so it is a good idea to review your old case before the interview, and remember: if you do not know an answer or do not remember because a lot of time has passed, just say that you do not know or do not remember – do not guess, since if you guess wrong, it could create inconsistencies, which might make them suspicious of your old asylum case. I do not think this is a major concern or something to worry about, as none of our clients has ever had a real problem, but it is good to be prepared, just in case you are asked. Take care, Jason
Hey,
I am filing for RTD I-131 as Asylee (no GC yet) and I do not see any requirements for photo. I looked up other websites and ppl suggest that it’s not required. Is that true? They either take a photo during biometrics or reuse existing pic and fingerprints that taken during asylum interview.
Thanks!
I just checked the instructions (which I had not looked at in a long time) and for the RTD, 2 photos are still required. See page 12 at https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf. Take care, Jason
Right, but it says:
1. If you are *outside* the United States and filing for a Refugee Travel Document
2. if you are in the United States and filing for an Advance Parole Document
But I am: in the USA and filing for RTD.
Oops – you are correct. I had not looked that closely as I have always submitted the 2 photos. It looks like that is not needed if you are applying for an RTD inside the US. Thank you, Jason
What would consider out of the reasonable timeframe? I filled my application in Nov 2018 and so far still waiting for my asylum interview at New Orleans office, can i file a mandamus?
The regulations say that cases should be completed with 180 days absent exceptional circumstances. But these days, everything is “exceptional circumstances.” In your case, the wait is certainly unreasonable, and if you have exhausted your remedies (as discussed in the article above), you could file a mandamus now. Take care, Jason
I was once reluctant to endorse fees for premium processing, but given the current interminable wait times I agree that it may be the best way to deal with a bad situation. Half-decade plus waits are really hard. People with strong cases want status and to start a clock ticking to permanent residency/citizenship and people with marginal cases are benefitting at their expense. Commercial law firms handling pro bono asylum cases might even just cover a relatively modest fee as a cost of doing business. In fact, doing so is probably less burdensome than needing to continually staff a case that lingers for many years. Associates come and go, country conditions change, clients move repeatedly, their life circumstances change and they can get into other legal situations where line drawing can be hard given the immigration status implications of so many things. I wish that we could just staff our agencies to deal with the actual caseload, but money from premium processing could reduce time/effort wasted on mandamus and provide resources to bring at least some more officers to the situation.
I feel equality is more important than equity. People should not benefit from the immigration system simply because they are richer. So I have to disagree with you.
People with money already benefit – they have fancy lawyers or expert witness to help their cases, they pay for mandamus cases, etc. In fact, premium processing might be more equitable, as it would likely be more affordable than mandamus and would (hopefully) work more reliably. Take care, Jason
This is basically my thinking as well. Premium processing for asylum cases is a bad idea, but given where things stand now, it is better than the alternatives (including mandamus). Take care, Jason
Hi Jason,
If an asylum seeker in general, especially if s/he is a Muslim speaks against the state of Israel, how will it affect their case? I don’t mean against Jews or Judaism. I know generally speaking about Israel is equated to anti-Semitism.
Thanks,
I do not know why that topic would come up in most cases, but I guess it depends what the person says. I have done hundreds of cases for Muslims from all different countries, including Palestine, and this has never been an issue so far. Take care, Jason
Iol I think I have expressed in the past similar thoughts about my opinions regarding pay a fee to get interview. And it does seem biased towards the rich. I mean…I just feel it’s very hard to counter that objection.
I have a feeling that if INS tries to do that…they may face lawsuits from social justice organizations……
It is biased towards the rich, but so is mandamus (not to mention most everything else in life). The fact is, it will benefit everyone by bringing more money to the system, and so the rich (or those with a couple thousand dollars) will benefit most, but everyone else will benefit too. Take care, Jason