Applicant was interviewed on November 18, 2021, but we have had no news since that time. but the judge said she will have to wait for some time until he (the Judge) can make a decision on the case. Thus, this sharp drop in the number of asylum decisions Once you have filed an asylum application, you can check your case status on the USCIS website. 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. On the Stilt Blog, I write about the complex topics like finance, immigration, and technology to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more. Can i have 2 gc applications at the same time? Take care, Jason, Hello Jason Take care, Jason. Take care, Jason. cases. I would encourage you to file a mandamus lawsuit, assuming you have tried other avenues. If your asylum claim is approved at the interview, you will receive the approval decision and the I-94 letter confirming your new Asylum status from USCIS. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. That way, at least there will be a record of you correcting the errors. Ask a letter from them. 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. Good luck, Jason. However, over the past few months, it seems they are putting cases that have been expedited on a short list. Dont worry about interview yet as it may take a couple of years. those without representation. Some of these cases have been pending decisions for months or even years. And so even though inquires to the Asylum Office are rarely helpful, there are reasons to try. Maybe try again, sorry, Jason, Thanks for sharing your time frame. It also happens that sometimes you complete your green card interview before the different parts of your application have finished processing. Finally, she may be eligible for an expedited interview. On the other hand, I could be wrong and it is worth looking into. if not this would be the one you use. We tried to get him a GC based on a family petition that became available, but that has also been held up. The war in Ukraine itself is not a reason for asylum, but I have an application since 2014, will the fact that my city/country is occupied now may positively affect the decision? These cases take longer to adjudicate. And also I asked the Maryland senator and ombudsman to help me in this matter. Moreover, the I have a question. Some 109,641 were waiting more than six months at the end of 2022, up 77 percent . (For example, if your asylum application was received on September 1, 2021, you could google "150 days after September 1, 2021" to learn that you could apply for a work permit starting on January 29, 2022.) Denial rates for affirmative asylum Maybe you can ask the unemployment office, but I have a feeling that it will not work. Check the I-589 web page available at http://www.uscis.gov. I have done everything humanly speaking to contact USCIS. See Figure 6. hearing and decision by an Immigration Judge. Maybe try some of those ideas, but if all else fails, you can try a mandamus (which is also discussed in that post). I guess if someone else is paying for it, and maybe if they can expedite through premium processing, it may be worth a try, but keep in mind that when you get your asylum-based GC, it will be back-dated one year, and this is not true for the employment-based GC. I am the attorney of record in the above-listed case. Any success story on this? applications reached the Court. In terms of expediting the delayed EAD, if she is a healthcare worker, there is a process for that I wrote about it on January 19, 2022. And also I have found there is a discrepancy on my actual age and in the certificate, any advice on this ? His leave is automatically extended, including his right to work, until the Home Office makes a decision. Initially, as we see in Figure 2, the asylum denial rate climbed for a We respectfully request a decision as soon as possible. How long should an applicant wait after the interview for a result? 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. Are my brothers considered terrorists and what I did is considered a support to them? Initial case completions only. 3 questions based on the behaviors they asked for and 3/4 strength based questions. asylum seeker was represented. The more you wait and postpone sending medical exam, the longer time you wait for your final decision. Between 2017 and 2018 alone, the average United States Citizenship and Immigration Services (USCIS) processing time rose by 19% despite the overall number of cases received declining by 13%. Asylum Asylum Alert: Effective Nov. 15, 2022, affirmative asylum applicants may now file an online Form I-589, Application for Asylum and for Withholding of Removal. If this is not the case, then the USCIS has to provide an answer within 120 days. This was last night. Maybe keep trying to see if they respond. 1 Arlington eliminated their short list several years ago. Expedite interview: May 2019 Ask for help from the congressman of your district and forward this expedite request over the congressman. Big and small achievements count . Immigration Court Affirmative vs Defensive Asylum Grants, FY 2001 - FY 2021, Figure 5. If you are not healthcare worker, you can still try to expedite, but it is more difficult. Good luck, Jason, I thank you for all you do for the Asylum community. It's the Home Office so high turn over means like you said. My asylum case been pending for almost 6 years. 2 Yes. It is based upon They sometimes ask the wife/husband for another interview. That rule is not yet in effect. Whether it will work, I do not know, but I think it is one option to try. Good luck, Jason. Today she got her gc , and me I didnt receive it yet Direct measures are obviously not available for the underlying strength of each asylum It synthesizes data crossing was to affirmatively request asylum. The interview was held on September 22, 2021, but since that time we have had no news. 1 I think so, but you should ask the I-140 lawyer about that. Immigration Court Asylum Decisions, FY 2001 - FY 2021, Figure 2. Figure 4b presents an alternative view of these same trendsthis time looking at I was wondering if I can go to Ombudsman or what else I can do? Before your green card can be approved, you need to pass all the relevant background checks and other security measures. Now you need to set up your repayment method. There is no data on asylum decisions since Biden took office. detailed look at the shifting composition of asylum seekers with respect to nationality, age, 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. Generally, this only happens if something unusual has come up in your interview, which the USCIS officer wants more information about. Good luck, Jason. Dzubow & Pilcher, PLLC 2 Maybe. medical with application or requested after And the case is under her name and she added me to the case Take care, Jason. 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. Our lawyer has been saying that my husbands case is being handled differently for some reason. It discusses the required elements of a successful APA and mandamus . My Ukrainian friends are currently stuck in the Caribbean and cant return to Ukraine because of the war. When I was almost killed, i paid those soldiers lots of money to let me go. thanks. period. The USCIS is supposed to provide you with a decision within 120 days of your naturalization interview. generally dwindled, the proportion who were not represented has also declined. My asylum officer didnt have the cognitive skills to evaluate the situation, my answer, and provided documents. 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). Most of these offices- and the courts, too- are rife with bias. group were largely unchanged with the inauguration of a new presidential administration. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. This clearly was a vital factor in improving overall asylum success Hello folks - I'm new here so apologies in advance for any errors, and for the long post! If you do a mandamus, you should get a decision (we wrote about that on October 2, 2018). Technically, the USCIS has to provide you with a decision on your naturalization application within 120 days of your naturalization interview. Then he got a denial letter saying that he was not eligible under c8 category because our asylum case was approved on 14th of December 2021. Take care, Jason. Immigration Court Denial Rates by Representation Status in Affirmative vs Defensive Asylum Cases, FY 2016 - FY 2021, Figure 8. Take care, Jason, Jason, Are you a criminal? There are over 220 Immigration Judges spread out over 60 Immigration Courts nationwide. 3) Id assume that if they need to leave the US under this status, it would be canceled. Both affirmative and defensive asylum applications in the Immigration Courts are included in the The lawyer may want to provide a written response to USCIS explaining the discrepancy and why the records are not available. I had my asylum interview back in December 2018. If he does not have a receipt, that means his case may never have been received, but I think that is not what you mean. Tell them put some key words like major depression, suffering from ,,,.. My question is, does a transfer of file take this long? rationale for ICE's decision to detain someone (such as criminal history) may also factor series plot. Instead, you will be given a document indicating how you will get your decision on the case. Hi Sambod, I am not Jason. 60 days! Thank you for those kind words and for your contributions to this blog over the years. Take care, Jason. 56 percent and fell to 49%. How can I make sure about it? seeker's case. and our You do not need to submit the statement, however. Firstly, the USCIS is a Federal sub-agency that has to process thousands of applications. Simple trends may not have simple causes. I think the TSC is biased against any case that involves a human being. Hi me too in the same situation..5 months today after my interview in March my statut says application pending I was like me be they are reconsidering my asylum application itself.. but after road what Jason said regarding this, that it really dont mean anything special I keep continuing hoping for the best. 5 August 2021. Unfortunately, there may not be a lot you can do about it. Hello Jason You have been a great contributor here for a long time, so thank you for that as well. Her employers have told her even by telling them she is waiting for her EAD. Figure 4a Denial rates stabilized for a while at this point, and then began I did my interview October 2017, but since I didnt get a decision. A study published last year in the University of Pennsylvania Law Review found that "88% of all immigrants in immigration court with completed or pending removal cases over the past eleven years . Till date decision is . The general rule is that you must submit the I-589 form within one year of arrival (I wrote about this on January 18, 2018), and so I think that is very important. 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. I once emailed and asked them to send my application to court if they believe they cannot issue a decision but they didnt give a damn. 2 At this time. Good luck, Jason, My master hearing date has been changed four times and now on eoir portal there is no any date .. can I ask my lawyer to appeal the court directly for individual hearing date surpassing master hearing .. what options I have please let me know, This is happening a lot and it is a real problem (and shows EOIRs disdain for the people who it supposedly serves). Probably you just send the missing info, but check the RFE to see exactly what they want. I wouldnt have applied for asylum if I hadnt paid that money. representation rates. Second, if you plan on seeking help from the USCIS Ombudsman (an office that sometimes assists with delayed cases I wrote more about that here), an inquiry to the Asylum Office is a prerequisite. I did not hear back from USCIS until January 2022 when I received a response from my service request which stated that my application is pending due to the transfer of my files from a local USCIS facility center to another for processing and the delay was due to Covid-19. Of course, there is an average wait time, which is theoretically knowable. Thank you and God bless you for everything you have done for us. My EAD is expired in November 2021 and before that I had applied for a renewal in June 2021. What is going on with USCIS? I have always been asking for independent audits of these offices and government bureaucrats. Maybe that would be of interest. This cannot be attributed to any real change in the number of asylum cases being Talk to a lawyer of you need help, as it is sometimes tricky to know what to do if the case has not yet been assigned to a judge. While asylum denial rates had grown ever higher during the Trump years to a peak of In other words, you have to show that you tried to resolve your case in a normal way before the Ombudsman will assist you. Basically, you need to show that you cannot pay your bills or will be evicted. In contrast, both represented and unrepresented asylum seekers in new Biden administration took office at the end of January 2021. do they transfer to other departments or do they generally leave the CS? If USCIS denies the application, it then generally refers the application to the You signed up your spouse or possibly your children as well. I was talking to my mom in home country and I felt That I missed her so much. 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