Nick, Merry Christmas! I have submitted from NJ and I applied in December 2021 A lot of asylum based applicants are getting approvals and RFEs. Lets take a look at green card applications and naturalization applications as examples. Sorry for the long post, there's a lot weighing on my mind! But it is vert important to submit the I-589 form to the court within the one year; otherwise, you case could be denied for not filing on time. Some 109,641 were waiting more than six months at the end of 2022, up 77 percent . These cases take longer to adjudicate. You must log in or register to reply here. EO Asylum Decision Maker Interview Anonymous Employee Accepted Offer Neutral Experience Difficult Interview Application I applied online. My individual hearing immigration court is day after tomorrow on Wednesday, By reading the FOIA request they mentioned that firm resettlement is the mandatory bar because the time I applied for asylum in 2015 My Permit work Visa still valid in the passport but it was canceled in the system of the UAE ( I cant show them that ) Over time, the cumulative loss of I hear there was a memo from USCIS yesterday about clearing the backlog. affirmative cases had substantial lower denial rates. I am from African country, You can try that I think if you have some life event (graduation, wedding, new baby, etc) and invite her for that, it might increase her chances. On December 2, 2021, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number ZLA..We mailed you a notice describing how we will process your case. Normally, the fact that you have a US citizen child would not affect your case, but it depends on the case (for example, if someone back home would harm you because you have a US citizen child, maybe that is an additional reason you need asylum). My guess is that if you waited 5 years after the decision, you probably wont get a decision at all unless you file a mandamus, but I am not certain about that. I believe, since recently, workloads are being, and were, shared among field offices and centers. opposing attorney from Immigration and Customs Enforcement. Those who were represented and were affirmative cases consistently have much, much lower Take care, Jason. Thank you, Jason. Take care, Jason. They have a few questions they wanted to clarify, so I thought of your blog immediately that was a wealth of knowledge and support during our asylum process. When you apply for asylum in the affirmative process with USCIS, you will receive one of the following decisions (for information on the ways to obtain asylum, visit our Obtaining Asylum in the United States page): Close All Open All Grant of Asylum Referral to an Immigration Court Sending Your Application to an Immigration Court However, Im receiving a notice for a 3rd interview, why am I being interviewed again? Do they have to come with me at the interview? You can also try the USCIS Ombudsman (a link is under Resources). years, denial rates are around 40 to 50 percentage points lower for affirmative cases than for I havent seen my parents/ siblings in 7 years and Im really depressed about that , Also what if we drop my husbands case and keep mine only is there a chance theyll give us a decision or is that not a good idea, It is strange to me that he does not have a receipt. I did a post on June 2, 2021 with some ideas, but if you have tried those, you should consider a mandamus lawsuit (also discussed in that post). Thank you so much for your response. Your education and profession should be of great help. 1 Arlington eliminated their short list several years ago. If you do a mandamus, you should get a decision (we wrote about that on October 2, 2018). Hope everyone had a great weekend, Probably a couple weeks hopefully, you will receive something soon. As usual, there is no clear answer to this question. The time it takes the USCIS to make a decision on your application depends on a lot of factors. casesnot any change in the underlying odds of success more generally for asylum seekers. My job offers immigration assistance i guess they would do an i140 first then i485 not sure the process but my questions is By September 2021, the points lower. I do not know how TRIG holds relate to the background checks, but certainly a person can make a statement raising TRIG issues and that could cause the hold, even if there is nothing in the background check. Maybe you can ask the unemployment office, but I have a feeling that it will not work. Hello Jason, Clearly other factors are at work beyond representation and My EAD extension as well as my driver license will be expired in 9 days. Note: The asylum process is one of many parts of the U.S. immigration system that have been significantly changed in the wake of the novel coronavirus 2019 (COVID-19) pandemic. percent. I already told them everything. I did write about expediting court cases on April 20, 2017, so maybe that would be of interest. If you do go to court and lose, you can appeal, but if you lose that, you likely will have to leave the US (potentially, you can file a case in federal court to try to stay). I am also from Afghanistan . Affirmative vs Defensive Immigration Court Asylum Decisions, FY 2001 - FY 2021, Figure 4a. How long can you expect a decision? representation rates. These will track new asylum Take care, Jason. I have exhausted all the avenues without luck. As a matter of practice, asylum seekers who cross the border unlawfully are currently typically assigned available. I think determining if someone is barred due to TRIG is a deterministic answer and it does not depend on background check. While an RFE is one of the most common reasons the USCIS takes long to make a decision, there are still other reasons which could apply. negatively into the Immigration Judge's discretionary decision about whether to approve or deny its 2months now no result. Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination Establishing Good Cause or Exceptional Circumstances for Rescheduling Affirmative Asylum Interviews The 180-Day Asylum EAD Clock Notice FACT SHEET: Implementation of the Credible Fear and Asylum Processing Interim Final Rule Some 18,699 initial decisions were made on asylum applications in the UK in 2022, up 29 per cent on 14,532 in 2021 but 10 per cent below the 20,766 in the pre-pandemic year of 2019. Ideally, of course, outcome in asylum cases should reflect the strength of an asylum seeker's The February - September 2021 period differs little from case numbers during the I have related question. generally worsening odds that represented asylum seekers were experiencing during this same Her employers have told her even by telling them she is waiting for her EAD. Before a year they transferred to NBC and after that nothing happened. new Biden administration took office at the end of January 2021. I think that there must be other solutions before referring to immigration court. Interviews. They consider coming to the US via Mexico and turning themselves in under Humanitarian parole (they dont have travel visas). This cannot be attributed to any real change in the number of asylum cases being overall denial rates dropped once President Biden assumed office. The OFPRA Decision of 2 July 2019 allows for the possibility of providing further comments or documents after the interview, within a reasonable time-limit not hampering the taking of the decision. However, with the continuing partial court shutdown during the COVID-19 pandemic, there has I did a post about ideas for getting a decision on June 2, 2021. I think he is mostly satisfied to live with his work permit and travel document (based on the family petition). I am the attorney of record for the above-listed case. Now you may wait 1 week to 3 months for them to complete the process. I just received a bunch of such requests in my office. The proposed TRAC has raised this issue with the agency several times. I said they had beaten me multiple times and even one time they were forcing me to kill myself due to my misbehavior. That means that success rates had climbed to 47 I think this no more 1 year waiting is not correct since I applied in late 2018 and interviewed early January and passed 1 year of my interview. They can contact the US embassy of the country they are currently stuck in, and see if the embassy can assist. In the 1,557 cases decided from May through December 2021 in which judges ordered asylum seekers deported, 4.7 percent had legal representation. You would need to consult an immigration attorney to assist you with such a motion. I had my asylum interview January, 2017 and still waiting fir my decision. I wait for one months, still no news. What are you hearing about that memo please? Thank you, Jason. Please make sure to keep a good copy of all the documents you submit. How long does it take to receive the GC after this, Anyone having any recent experience Last time, we talked about contacting the Asylum Office to expedite a case that had not yet been interviewed. Just two of them are what type of application you are making and where you are making your application from, as some processing centers are faster than others. I received my green card. It also happens that sometimes you complete your green card interview before the different parts of your application have finished processing. 2 You can try to get a copy of your file using a Freedom of Information Action request (there is a link under Resources called FOIA USCIS). Hello Jason, Can you please let us know whether there are any updates for this case? This could either be because you did not entirely pass your citizenship exam, or because you did not provide the USCIS with all the appropriate and required information. 1. Have been here for more than 10 years, 1.Am I eligible for cancellation of removal in case my asylum rejected again? I know the information on the USCIS website is misleading, vague, and not helpful at all about processing time. Note that the subject line of each email contains what we want (an expedited decision) and the asylum seekers name, Alien number, date of birth, and country, Subject: Request to Expedite Decision Gippy GLYNSKI, A 314-159-926, DOB 10/31/1950, Nigeria, Dear ZAR Obama administration with those thus far in the Biden administration. like a miracle. They havent made a decision on my case 3.5 years after the interview. And we got offered to interview in july 2020 but they didn't go thru that. I tried to expedite, send inquiry for outside processing time but no luck yet. I am an applicant waiting for a decision from Chicago after 2 years of interview. July 2, 2021 Thousands seeking asylum face cruel wait of years for asylum decision - fresh research shows A new report published by the Refugee Council today reveals a staggering rise in the numbers of people seeking asylum condemned to wait for over a year for even an initial decision on whether they will be able to remain in the UK. (202) 328-1353 thanks. Recommended Approval Look I do think you should try to get some evidence about this, if you have not done so. Anyone who has applied for an immigration benefit will know the waiting times can be frustrating. For a better experience, please enable JavaScript in your browser before proceeding. Since we cant afford lawyer, Second question on interview day how can she get an interpreter I assume i cant be her interpreter ( I believe her interview will come fast that is why i wanna be prepared). If you are applying for a green card and youre getting worried about the time delays, an immigration attorney will be able to advise whether there is anything you can do to get things moving. 2nd :how long u think it will gonna take to send my gc, Assuming you filed at the same time, it is very common for one person to get the GC faster than another. If your claim is denied at the interview, this is not the end of your case, but only its beginning. By September 2021, the asylum denial rate had dropped to 53 percent. I do not think that is necessarily the case, and so I always urge people to wait for the paper decision in the mail, but hopefully, it is a positive sign. into the results, both nationally as well for each Immigration Court and hearing location. Take care, Jason. These are mostly being down by video call (which the Home Office used in some cases even before Covid0. Take care, Jason. We last inquired on September 10, 2021 and January 4, 2022. The USCIS is supposed to provide you with a decision within 120 days of your naturalization interview. Unfortunately, the quality of the interpreters has not been great. David, would you please tell me the procedure and how did you do that. If you have TPS, it is relatively easy to get Advance Parole maybe you could use that to travel to see your family. Given that affirmative asylum cases can wait for a decision from the U.S. government for years, being able to check case status online can give peace of mind to applicants who worry about missing an interview, a decision . I know its tough for her to get a visa but I just want to give a try! gender, and language to see if these factors appear to have played any role in influencing asylum Of course, there is an average wait time, which is theoretically knowable. My question is, does a transfer of file take this long? More importantly, it is a human factor that may cause the officer to be more sympathetic to your situation, which might help the case. asylum decision maker. In sheer numbers, this was only about half the number of asylum seekers who had been How fast does asylum cases take nowadays? No I didnt submitted the medical with initial application but they have asked it now. Your main option is to try to expedite I wrote about that on March 30, 2017. Usually, the difference in time is not so much, and so assuming there are no problems with your case, you should get the GC relatively soon (maybe in the next few weeks or months). Some of these cases have been pending decisions for months or even years. All of the numbers summarized in this report, and much more, can be obtained from this updated Jason, I have been saying this for this longest while and my concerns are always treated like overreactions or overthinking of these denials and or delays. Simple trends may not have simple causes. USCIS Asylum Office Decision on Your Case After your interview, the Asylum Office should issue its decision within a matter of weeks. It may take longer if. hearing and decision by an Immigration Judge. This is consistently reflected in a time series My EAD is expired in November 2021 and before that I had applied for a renewal in June 2021. However, I doubt this is the issue. We expedited our case and added ourselves to shortlist. What is holding USCIS to issue a decision like denial? Most asylum applications today are considered defensive applications and As you can see above, there are a few reasons the USCIS can take long to make a decision. Also, we have had some interviews canceled because USCIS could not find an interpreter. We have waited more than 5 months to get the approval letter. I wrote a letter to embassy officer and it worked. I think the system indicates that a decision is mailed once that happens, but otherwise, those message do not tell you anything that you dont already know. Which Asylum office bro? since only unsuccessful affirmative asylum applications can make their way to this second In the 13 cases in which judges granted asylum. Online video interview where you record your answers. The next step after the asylum interview is a . Hi im derivative asylum. Take care, Jason. an analysis of hundreds of thousands of detailed Immigration Court records covering the last two Why Does it Take So Long for USCIS to Make a Decision? I applied for my GC BASED ON asylum too in August 2021 but they have asked any medical report from me? Check the I-589 web page available at http://www.uscis.gov. We examine two important Citizenship and Immigration Services (USCIS) when a person does not have a pending 2021, USCIS had 406,801 asylum applications, on behalf of 638,893 noncitizens, pending . Note: In the FOIA the officer mentioned that my testimony was consistent, Detailed and plausible and credible, Almost no one is firmly resettled in the UAE because that is not an option in their system. (I would have been killed) This is the most ridiculous thing I have ever heard my entire life. Many citizenship cases are moving more quickly these days, so it is possible something is up. I applied in mid-May 2020. Take care, Jason. I suppose you could try a mandamus lawsuit to force a decision you may have better luck even if the case is referred to court. Maybe keep trying to see if they respond. I just recently got married to a USA citizen and we just had a baby. You can find their phone number if you follow the link under Resources called Immigration Court. How Do I Know Which USCIS Service Center? Without this forum, I would be lost and had many difficulties on the way to normalization. They sometimes ask the wife/husband for another interview. This would be the evidence they are looking for. Not It is possible that with so many Immigration Courts closed or partially closed due to the Today this means if asylum seekers go through the affirmative asylum process, receive a denial, Even with the greater odds of success, the number of asylum seekers who were granted asylum Jason, first and for most, and other great contributors. . JDzubow(at)DzubowLaw.com. decided. I did a post about expediting with USCIS in general on January 29, 2020. from EOIR's database. 1) Can the Humanitarian parole be adjusted to an asylum after they are admitted into the US in case? How long does it take to get asylum decision after interview? Maybe they need to ask him more about these issues? This past year, as we have previously noted, So we did an inquiry to the Arlington office and our attorney did the same. I dont get you people who dont spend money on attorneys when it comes to your future in this country. 60 days! Now after 7 years I have no longer status IN ANY ANOTHER Country. I have a few questions which im hoping you might be able to help answer. My lawyer knew that that particular judge really appreciates education so he helped me to prepare on how to really showcase my achievements academically and professionally. I think there are a fair number of Asylum Officers who might want to reach out, but only if they could obfuscate their posting/messages. both represented and never detained a large differential in outcomes remains. I wait for one months, still no news. Take care, Jason, hello jason I also included my husband in my box in my interview but he just received a program notice for his interview is that normal his box was from 2015 and he had never had an interview, I am not sure I understand what you mean, but if your husband is a dependent on your case, it is normal to only ask him the questions thar bar him from obtaining asylum if he says yes questions like: Are you a terrorist? Take care, Jason. cases. I am so mentally stressed. before the government shutdown. lawfully request at the borders of the United States or while inside the country. To be honest, I do not know that it will make any difference what you write if you make the inquiry, it will hopefully at least cause them to look at the file. Maybe you also want to try a Freedom of Information Act request to see whether you can get a copy of the file, but hopefully, inquiring again by email or in-person will help, as a FOIA takes months (there is a link under Resources called FOIA USCIS that may help). I mean if it gets to a point like 5 years can you be sure that it wont get resolved after that and you should sue to get a decision? Website. Message. How can I make sure about it? Usually, the USCIS officer conducting your green card interview will tell you whether your green card is approved directly after your interview. claims. 1 I think so, but you should ask the I-140 lawyer about that. represented asylum seekers in Figure 5 largely mirror the overall trends displayed earlier in Make sure your email includes all the relevant info and a copy of your visa. Overall, asylum applicants waited on average 1,030 days - or nearly three years - for their cases to be decided. There are alternatives to submitting a birth certificate, including getting affidavits from people who knew you when you were born. Take care, Jason. How long can you expect a decision? granted relief during FY 2020. For example, in a naturalization application, you can apply for judicial review of your naturalization application in a U.S. Federal District Court. Remain in Mexico Policy Explained (May 2 I do not know how long this takes, as things keep changing, but if I remember correctly, we had one case where I filed the expedite request in September and the person was interviewed in February (and as usual, so far there is no decision). Also, you can try to expedite his case on the basis that it is holding up your case. . during FY 2021 was only 8,349 with an additional 402 granted another type of relief in place of an attorney and interpreter present, but without an opposing counsel. Why is that? Do not wait to send it back. Take care, Jason, Thank you for your quick reply! I applied for Asylum in 2019 and till now I have not heard anything. Do u mind saying from which state u applied? Guidance on "Family Asylum Claims" added. In terms of the legal requirements for asylum, though, it would normally not have much effect (unless I suppose you were fleeing the country due to being a healthcare worker or something like that). Do you know why that is? Are under a valid immigration status. What is going on with USCIS? Hello Jason There is no way to tell but since you applied after 2018, you'll most likely get your decision no longer than 1 year after your interview. Also, if these are government soldiers, they are probably not terrorists (at least in the technical, legal sense) and so maybe there is an argument to be made, but I suspect this argument will need to be made in court. A letter that says Joseph mental well being is negatively being affected by the wait. considerable pressure, the EOIR finally appeared to have fixed the most glaring errors (read A time when you have worked under pressure. Provide any additional information if required. After being referred to the Immigration Court, an asylum seeker can bring his or her asylum application to the Immigration Judge. PS* I will be speaking to one of the lawyers this week but im trying to do my own research so we can help each other on how best to proceed with my case. Sometimes the final naturalization decision can still be delayed even if the USCIS provides an update in 120 days. Finally, she may be eligible for an expedited interview. Medical was in it my application. Soon, the automatic extension will increase to one year (it is currently 180 days, and so if she filed to renew, her old card should be extended by 180 days maybe this is what is expiring? Do you know how long it takes to receive mails in the mailbox? I have encouraged him to try a mandamus lawsuit, but so far, he does not want to. Michelle Anne Farley was found alive shortly after the release of the video. Why this would be, I have no idea, but it illustrates how unpredictable (and often counter-intuitive) wait times can be. See Figure 5. If you lose the case, you would be referred to court unless you have some other status to remain in the US. I did a post about expediting with USCIS on January 29, 2020 maybe that would give you some ideas. differences show distinctively different trends in Figure 4. Mine is almost same to you, so you saying, you send the medical exam report without having RFE from USCIS? Will this affect my case? plot of asylum denial rates for represented versus those who were not represented. And over the past two decades while affirmative cases have During the last quarter Take care, Jason. We added to short list in 2018 or 2019 im not sure. If you have a lawyer, make sure the lawyer is aware of this issue so it can be addressed (and really, it should have already been addressed when you submitted documents for your case, but it is better to do that now than not at all). A council spokesperson said: "The hotel will be used to house a maximum of 272 people who have arrived in England after crossing the Channel by boat. Also, if she has someone else here who can invite her for a life event, that could work as well. the effects of the partial government shutdown from those resulting from the change in It will have been 6 years soon since I was interviewed but USCIS never issued a decision on my case. How long do I have to wait for a decision . I have always been asking for independent audits of these offices and government bureaucrats. only do they have more difficulty in securing representation, but being locked up presents a Good luck, Jason, Talking about TRIG, does it mean if you have some kind of TRIG issues you cannot be granted asylum? If all else fails, consult with an immigration attorney. I do not know your case, but if there were issues with your green card or other applications, maybe that is a factor. Higher success rates for At one time the majority of asylum applications decided by Immigration Judges were affirmative . The Immigration Judge reviews the asylum claim anew; the judge does not have to defer to the government's previous decision. In addition, TRAC is working on two brand new asylum tools. asylum cases. will provide a similar wide range of factors that can be examined to allow users to dig deeper Sometimes, if a comment has too many links, it requires me to approve it, but I have not seen any of those recently. For the questions on pages 5 to 8, we usually give a very basic answer (just a few sentences) and then write I will submit an affidavit with additional details. You can submit the affidavit later, as you develop the case and gather evidence. Alternatively, under some circumstances asylum applications can be first submitted to the U.S. rule change is explained by former Immigration and Naturalization Service Director Doris Meissner of the While asylum denial rates had grown ever higher during the Trump years to a peak of Posted on Jul 18, 2017. We wrote about mandamus lawsuits in the asylum context on October 2, 2018, though it is basically the same idea for an N-400 case. Take care, Jason. This comparison is shown in Figure 8 for each of the last five fiscal years. I do not think it will make much difference, but maybe. seekers success rate has climbed five percentage points and is now at 49 percent, up from 44 That way, at least there will be a record of you correcting the errors. still no decision. Till date decision is . I received my GC this week. applications started to grow. I would think so. 1. have you ever seen/heard someone get a decision on the Asylum case after a very long time (5+) after the interview without filing a mandamus? Similarly, if an alien asks to amend or supplement his or her asylum application, fails to appear at an asylum office to receive and acknowledge receipt of the decision, requests an extension after the asylum interview, or reschedules an asylum interview, all of these actions will stop the 180-day Asylum EAD Clock, and the EAD clock will not . Thanks for your time. My case is pending at the National Benefits Center. covering the past two decades, contrasting these trends against the current state of affairs I crossed the border in San Ysydro and received a 1 year stay permit (I94). 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