I did a post about expediting with USCIS in general on January 29, 2020. Also, government changed in my home country since my interview, could this be the reason they are calling me again? seekers success rate has climbed five percentage points and is now at 49 percent, up from 44 The government change may be something you need to discuss. during FY 2021 was only 8,349 with an additional 402 granted another type of relief in place of I doubt your relationship with him would cause your case to be held for TRIG. Also, if you plan to file a mandamus lawsuit (which we wrote about here), you need to demonstrate that you exhausted your remedies (i.e., tried to resolve the problem directly with the agency) before you file suit. Individuals should review the information about online filing to determine if they are eligible to file Form I-589 via myuscis.gov. However, I doubt this is the issue. What is holding USCIS to issue a decision like denial? Did they say no or just remain silent? month-by-month have continued at this low level through September 2021, the latest data If the USCIS is only requesting additional information, you will have 30 days to provide it. (202) 328-1353 My 180 days automatic extension expired 2 weeks ago so I lost my job, insurance and all benefits. Some questions will have sub-questions to help you along if you are stuck but don't let it distract you from your usual STAR . Thereafter outcomes remained at around 89 percent denial rate through FY 2018, before falling Immigration Court Asylum Decisions, FY 2001 - FY 2021, Figure 2. If everything goes well in your citizenship application and the USCIS has all the information it needs to make a final decision, you could have your application approved on the same day as your citizenship interview. I had my asylum interview back in December 2018. After your screening Asylum interview Get a decision Help you can get If you're under 18 Get a decision Your application will usually be decided within 6 months. These trends are shown in Figure 3. Take care, Jason. I am not sure if USCIS is just requesting them in all cases, and so maybe this has changed, but in the past, once we submitted the medical exam, the person usually received a decision in a month or two. Lets take a look at why the USCIS may be taking their time and what you can do about it. from EOIR's database. Do not wait to send it back. Please make sure to keep a good copy of all the documents you submit. Take care, Jason. categories that the public has been asking for. I applied for a GC in Dec 2020 after being granted asylum. Also, I think they will not give you an Info Pass for this purpose. I received a similar response to my second service request from USCIS in February 2022. 3.During MCH or child hearing only we can ask for a cancellation of removal? You think I can send them now ? The interview was held on September 22, 2021, but since that time we have had no news. I had my asylum interview January, 2017 and still waiting fir my decision. Her English is good but not enough to comprehend at asylum office once she show up for her interview, since i m an asylee as well and preparer would be me as well ? whole host of difficulties for preparing and presenting their cases effectively. I have encouraged him to try a mandamus lawsuit, but so far, he does not want to. There is no data on asylum decisions since Biden took office. Maybe try again, sorry, Jason, Thanks for sharing your time frame. Ok, Thank you Jason. Good luck, Jason, I thank you for all you do for the Asylum community. (202) 328-1353 The more you wait and postpone sending medical exam, the longer time you wait for your final decision. Try interviewing the asylum office directly, as discussed in the above article. Mine is almost same to you, so you saying, you send the medical exam report without having RFE from USCIS? It might be easiest to just write all the errors down and bring that page to the naturalization interview to show the officer. If you are considering applying for a personal loan, just follow these 3 simple steps. It will have been 6 years soon since I was interviewed but USCIS never issued a decision on my case. I dont get you people who dont spend money on attorneys when it comes to your future in this country. Im a firm believer that information is the key to financial freedom. decided. 2 If you qualify, you need to apply for it. Rule 1: Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization . 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. In another case from the same country, the applicant came to the United States on a student visa, but was otherwise unknown to the U.S. government. Check the I-589 web page available at http://www.uscis.gov. 3 Yes. Lets just wait and be positive. most important practical difference is that affirmative asylum interviews take place in an administrative, Does also in your clients case, the USCIS still says the case is pending security background checks? [The second report in this series will examine how differences in the nationalities of Also, certain new cases (Afghan parolees) can receive priority for an interview. I sent back my ead card for correction and then I received two emails (03/26 and 03/29) from uscis stating we have taken an action on your case but I never received any updates. You can choose an autopay method online to help you pay on time every month. JDzubow(at)DzubowLaw.com. But the response was if I wanted to do expedite a decision I would need to provide evidence. If you have a lawyer, you will probably appear via WebEx (which is like Zoom). This is down from 60,079 decisions during FY 2020. Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. Thanks all . Initial case completions only. seeker. We are getting approvals now and again in my office, but mostly, we are waiting forever for decisions, so I do not have much sense about whether grant rates are changing. by DHS to the defensive asylum path in the Immigration Courts, even though their sole purpose for Dzubow & Pilcher, PLLC Could you please answer my questions below? Asylum cases can Asylum is also notable for being discretionary, which means that asylum Guidance on 'medical evidence in asylum claims' added. My EAD receipt expires in 3 weeks and my employer has notified me that I will be terminated if I dont get an EAD. I just recently got married to a USA citizen and we just had a baby. If you want to arrange a consul, you can email me at JDzubow@DzubowLaw.com. 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). 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). How long does it take to receive the GC after this, Anyone having any recent experience Finally, she may be eligible for an expedited interview. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Take care, Jason. Without a doubt, the interview is the most critical aspect of the entire asylum process. And all of these because of you Jason. I have filed my EAD renewal more than 9 months ago. Sometimes i fee the biden administration just will accept anyone and thats dangerous! And this may be an underestimate. @ELI Thank you, Jason. I received an update at the end of Jan 2021 about the reuse of my fingerprint. Take care, Jason. If you had submitted your medical with your first application you would receive your green card now. Migration Policy Institute here. My name is Zk and I have an unresolved N-400 application for citizenship. Have been here for more than 10 years, 1.Am I eligible for cancellation of removal in case my asylum rejected again? I am an applicant waiting for a decision from Chicago after 2 years of interview. This would be enough.. .beside you may also try ombustman, then court, I do not think moving will help, at least not for you Chicago has to make the decision since they interviewed you. But there are no rules about this, and you can start inquiring the same day if you so choose (though you should try not to annoy the Asylum Office too much; after all, you want them to issue a good decision!). My husbands case has zero progress seems like the asylum office is treating it differently no receipt yet since 2015 when he applied ( there was a ransom issue in his case so maybe thats the reason like you mentioned above?) Direct measures are obviously not available for the underlying strength of each asylum Take care, Jason. Before your green card can be approved, you need to pass all the relevant background checks and other security measures. I see approvals everywhere, We will need to see the data from the asylum offices to have any real sense of that (data which the asylum offices have not been releasing since 2019). Affirmative asylum cases have consistently had higher representation rates than defensive The rule would have raised the cost of submitting several different kinds of immigration applications and forms beginning January 19, 2021. On 8th of December 2021, I finished the asylum interview at Arlington office. The main issue here is that the US government would accuse them of submitting a fake asylum case, but that seems very unlikely in the case of a Ukrainian (though I think most Ukrainians would not have a strong claim for asylum at this time I wrote something about this before the war, on January 27, 2022). Unfortunately, sometimes the sheer volume of work cannot be handled by their limited capacity. What do you advice me do I need to file a motion or do I need to go in person. 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 . Trump years pushed the proportion of defensive cases up to 90 percent, while affirmative cases Do you think that could be the case? Those who were represented and were affirmative cases consistently have much, much lower What happened to the proportion of asylum decisions where asylum was granted or denied If you get a GC based on asylum or a job, your status changes from asylee to GC. If not then what else could be the reason and what should I do to speed up my application? My question, If I prepare her asylum application dont u think it would affect her asylum! Interviews. Goshipk Member Jan 10, 2020 #4 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. Take care, Jason. Some judges are faster than others, but I imagine it wont be too much longer. S Seeker19 New Member Feb 27, 2022 #7,586 Mishomasr said: The Changes in outcome highlighted in this report also occurred against a backdrop of Thanks, We never send the medical without getting an RFE. I thought you are the one who can give me best answers. Citizenship and Immigration Services (USCIS) when a person does not have a pending I applied for work authorization and they received it on 04/13/22. 3) Can i have a work gc and still keep my asylum status until i become a citizen through asylum if work GC does not qualify me for citizenship By then, she will learn English. Immigration Court Affirmative vs Defensive Asylum Decisions in Never Detained Represented Cases, FY 2016 - FY 2021, TRAC is a nonpartisan, nonprofit data research center affiliated with the. I have sent my application for N400 citizenship. 1 No. If a mother in USA applied for asylum has daughter 20 years old but still overseas. only do they have more difficulty in securing representation, but being locked up presents a Sometimes the final naturalization decision can still be delayed even if the USCIS provides an update in 120 days. an analysis of hundreds of thousands of detailed Immigration Court records covering the last two My interview was back in 2017 until today my decision is pending (my husband has an asylum case too and officer made me sign a document after interview that my decision will be available once my husbands interview is complete). 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. After you interview at an asylum office, you will not get a decision on the same day. However, if you arguably provided material support under duress you will likely be referred to the immigration court at which time you should retain counsel experienced in defensive asylum applicaitons. March of 2020, and we see the drop in decisions immediately following in the monthly time 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. 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. considerable pressure, the EOIR finally appeared to have fixed the most glaring errors (read How long do I have to wait for a decision . reflected in the latest available Court data. 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 If you have any evidence of these issues, such as rejection letters from potential employers, you can include those as evidence. Also, even if they do not lose it, I doubt it will make the case any faster by sending the medical now vs. once you get the RFE. countries these asylum seekers are fleeing from have also undergone profound change over the I think they are unlikely to help, but it is free and easy, so there is no harm in trying. The RFE itself should give you a deadline. Is there a deadline to respond for RFE ? asylum denial rate had dropped to 53 percent. Thanks, It is not implemented and it probably will not apply to asylum pending EADs, but we shall see. I think he is mostly satisfied to live with his work permit and travel document (based on the family petition). Unfortunately, it is quite common for the USCIS to take a long time to make a formal decision in cases like naturalization and green card applications. So she have 8days to work. My question is does that happen usually?and why. Anyone who has applied for an immigration benefit will know the waiting times can be frustrating. Thank you for those kind words and for your contributions to this blog over the years. I received my green card. The month-by-month plot also clearly shows that a decline in asylum denial rates began once the JASON thank you for your help to us, asylum seekers. Hi Jason, thank you for all you do. [2] And over the past two decades while affirmative cases have If he has his own case, maybe it is an interview for that. First, maybe they will actually do some good. I wonder in your clients case that was held that long for TRIG issues, did you inquire from USCIS about whether TRIG is causing the delay? 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). past two decades. STEP SEVEN: Receive Decision In most cases, you will return to the asylum office to pick up the decision two weeks after the asylum officer interviewed you. By September 2021, the asylum denial rate had dropped to 53 percent. asylum. Do u mind saying from which state u applied? That rule is not yet in effect. 2 Asylum decisions on affirmative and defensive applications in co mpleted removal, deportation, ex clusion, and asylum-only proceedings. I'm also excited about the training, as I enjoy learning and have a background in human rights, so on paper it feels like a good fit for me. Are under a valid immigration status. 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. If USCIS puts someones case on hold for TRIG, when an applicant inquires about the case, shouldnt USCIS tell the person that their case is on-hold? So we did an inquiry to the Arlington office and our attorney did the same. Unfortunately, there may not be a lot you can do about it. 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. overall denial rates dropped once President Biden assumed office. This guide goes over those factors, plus what to do if a decision cannot be made on your citizenship interview. Although the asylum decision is appealable in the regular procedure, there are many decisions affecting asylum seekers against which there is no right of appeal: e.g. Your receipt number is located in the top left corner of your receipt notice, and usually begins with three letters. However, it may depend on why you are seeking asylum. Over the past two decades four out of five (81%) asylum decisions occurred in cases where the "This is part of a national programme throughout the UK to deal with an increase in the number of people arriving in the UK and the decision by the Home Office to 'disperse' asylum seekers . I think you are referring to prosecutorial discretion, where the ICE attorney agrees to stop prosecuting the case and so the case would either be administratively closed or terminated. I know of no way to find out, as they do not easily tell people about that. Petition Filing: An individual (petitioner) who was granted asylum in the United States as a principal asylee or who was resettled to the United States as a principal refugee can file an I-730, Refugee/Asylee Relative Petition, within the first two years of arrival, with the Department of Homeland Security (DHS), U.S. more here), but has since refused to take further action. I did write about expediting court cases on April 20, 2017, so maybe that would be of interest. The asylum substantive interview is the big interview in the asylum process when the Home Office interviewer will ask you in detail about your reasons for claiming asylum. itself was granted or asylum was denied but other forms of relief were granted to the asylum Trends in denial rates for asylum seekers who were not represented generally worsened over Maybe if your wife has an independent case, she can file, but if she is a dependent on your case already, it may not result in a decision any sooner. The wait time is not predictable, but you can call the court and try to talk to the judges clerk. Soul Asylum's guitarist Dan Murphy stated in an interview that Michelle met with the band, who stated 'You ruined my life' because she saw herself on the video at her boyfriend's house which led to her being forced back into an abusive home situation which she had . Also, if she has someone else here who can invite her for a life event, that could work as well. Hi Jason, Asylum Approval: May 2019 Can you please let us know whether there are any updates for this case? The USCIS has more than 20K asylum cases without decisions. Tried congressman, senator, ombudsman, and also trying personally, and lawyer is also trying to get help but it has been more than 4 years since the interview. Can you please let us know whether there are any updates for this case? The proposed Immigration Court. But nothing is happening. For example, in a naturalization application, you can apply for judicial review of your naturalization application in a U.S. Federal District Court. Michelle Anne Farley was found alive shortly after the release of the video. Despite the many nuanced legal differences between affirmative and defensive asylum, perhaps the If you are not healthcare worker, you can still try to expedite, but it is more difficult. These statistics You can find their phone number if you follow the link under Resources called Immigration Court. I applied for asylum in 2016 through the Chicago office and have not had an interview since. I applied at the Same month like you. I do not know other comments seem to be working. Current as of July 28, 2020 There are two new rules going into effect. That may explain the relatively quick approval- in comparison to say 1 year ago, for example. the effects of the partial government shutdown from those resulting from the change in Hello Jason If this is the case, the USCIS will send you a Request for Evidence (RFE). I know its tough for her to get a visa but I just want to give a try! From your experience, if the case is added to the short list, how long it might take now to be called for the interview? Two questions: asylum seekers in decisions involving affirmative cases can be attributed in part to their higher Maybe you want to email the asylum office and see if you can remove him as a dependent from your case maybe that would help, but I do not know. He previously suffered a heart attack, and his doctor believes that resolution of this matter would reduce his stress level and improve his health (see attached letter). points higher in affirmative cases. includes data about gender, age, and language for asylum cases decided by Immigration Judges. How fast does asylum cases take nowadays? When they say the case is pending background check this means the case is not on-hold due to TRIG and they are indeed working on it. If you have to deal with an RFE, you may have to wait a few weeks or even months while the RFE is sorted out. Thats because there is a very wide range of wait times, depending on the case. Why this would be, I have no idea, but it illustrates how unpredictable (and often counter-intuitive) wait times can be. data and in this report. As an avid reader of this blog, I want to share an update regarding my GC application and hope that it will help some of you to make sense of the Texas Service Center. It seems to me that whatever the reason for the hold, dropping his case would not solve that problem. Second, if you plan on seeking help from the, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), Anatomy of an Asylum Office Inquiry: Delayed Decisions, Dos and Donts for the Asylum Office and Immigration Court, Credibility Determinations Are Not Credible, Part Three. I have a few questions which im hoping you might be able to help answer. Thank you, Jason, Subject: Request to Expedite Decision Stan SHMENGE, A 173-205-080, DOB 12/07/1941, Serbia, Dear ZAR First, the US has indicated that we will accept 100,000 Ukrainian refugees, and so they might want to look into this before trying to go to the border. If all else fails, you can do a mandamus lawsuit, but you would want to try to understand the problem first. Another interesting comparison is the asylum success rate between the waning months of the Finally, many people want to know if a second interview indicates that a decision is imminent or whether it is a positive or negative sign about the case's outcome. Post-Interview Timing of Decision After USCIS receives your complete asylum application and has held an interview with you, you will be asked to return to the asylum office to receive the decision of the asylum officer or the asylum officer will inform you that a decision will be mailed to you. Should I even try expediting? 4 Former Countries includes East Germany and the Soviet Union. Today this means if asylum seekers go through the affirmative asylum process, receive a denial, Starting in 2003, a declining number of affirmative Check the status of your asylum application online by typing in your receipt number. The partial government shutdown began in mid- The asylum process is perhaps the most rigorous and scrutinous way to be admitted to the United States. Without this forum, I would be lost and had many difficulties on the way to normalization. It is in there ! 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). Take care, Jason, I found an academic report by ACLU, exposing problems in the Boston Office. Medical was in it my application. Maybe you can ask the unemployment office, but I have a feeling that it will not work. There are a few reasons. also experienced large shifts as different presidential administrations assumed office. Take care, Jason. Just want to share with you. Below are three examples of inquiries about the decision. It may take longer if. You can also try the USCIS Ombudsman (a link is under Resources). I said they had beaten me multiple times and even one time they were forcing me to kill myself due to my misbehavior. claims. we are in California. I am the attorney of record in the above-listed case. I would think so. Now you may wait 1 week to 3 months for them to complete the process. Are my brothers considered terrorists and what I did is considered a support to them? Take care and you too Jason take care. In my opinion, it is probably not worthwhile to do the employment-based case, as you will get your GC in probably another 6 months or a year. I think the best bet is to try to expedite and request to skip the MCH and go directly to an individual hearing, as discussed in that article. Stronger applications get better loan offers. Moreover, the In the 13 cases in which judges granted asylum. period. ICE enforcement priorities and practices in the interior of the country have Take care, Jason. Stated another way, success rates for obtaining asylum are 40 to 50 percentage While the current administration has made some useful changes, including noted . I am trying to write a appropriate expedite a almost 2-year delayed decision, do you think its a good idea to include something like I, as a Field Service Engineer, cant seek a job involving international travel that is a basic requirement for the role., Very Merry Christmas and Happy New Year! For more information, please see our These cases take longer to adjudicate. For this reason, even if you get your employment GC faster, you will likely not get to US citizenship any faster based on the employment case. that they are both represented as well as never detained during Immigration Court proceedings. Asylum Interview Interpreter Requirement Modification Due to COVID-19 . We respectfully request a decision as soon as possible. Perhaps the decline in You may need additional processing time if you: Were interviewed by a local officer. I guess it is not impossible that this is a TRIG issue (a person does not need to be a member of a group to be a terrorist under the Tier III category apparently terrorists are categorized into different tiers or levels). 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). Take care, Jason. You act like a Pro Bono, may God bless you. Take care, Jason. My job offers immigration assistance i guess they would do an i140 first then i485 not sure the process but my questions is But of course, you want your case to become unstuck. The job of an Immigration Judge is to oversee removal (deportation) proceedings. outcomes. 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. If you receive an RFE, you will have between 30 and 90 days to respond and provide the required information. It is possible that with so many Immigration Courts closed or partially closed due to the See Figure 1. I guess you can email the asylum office to ask you can find their email if you follow the link under Resources called Asylum Office Locator. asylum cases. Which court i also requested my attorney to submit advance motion to Master hearing to get final date in NJ. He previously suffered a heart attack, and his doctor believes that resolution of this matter would reduce his stress level and improve his health (see attached letter). Take care, Jason, They transferred it now. Hell respond soon. 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