Asylum Interview waiting time.Did anybody who filed after 95 waited more than a year?

F

falcon998

Registered Users (C)
Hi guys,
I filed for asylum already more than a year ago and still waiting to be scheduled for interview. Is here anyone who is in similar situation? INS referring to backlog. But as I found out recently from my lawyer(I\'m not sure if it is true). They (ins) upon receiving files divide them into two parts. One part is processed (scheduled) right away, while the other added to backlog and then the backlog cases are scheduled on computer random selection.
Did anyone here manage to accelerate process? If yes, could you give in details how that was done? INS work is really sucks!
 
No Title

If you will read previous threads, you will notice that almost everybody on this forum waits for 3+ years. As for them separating files in 2 parts - it sounds like bs. Asylee are often mixed up with refugee. Refugees usually wait 1 1/2, but asylee green cards have 10000 an year quote and as a result there is ~4+ years backlog.
 
Please read my post with attention. Not GC interview, but asylum interview

Yes, I read many postings. My question was about asylum interview, not GC. I haven\'t passed first step yet and you are mentioning about past asylum case approval time. Please, pay an attention to the message and then reply.
 
Asylum Interview

Since 1995, the majority of asylum applications are processed by the INS within months of filing.

Do you live in a very remote state far from an asylum office? Are the particulars of the application so unusual that the INS has to consult with other government agencies before interviewing you?
I assume that you have obtained an EAD?

Good luck.
 
Asylum interview

No, I live just a few miles away from asylum office. The case is not unusual. 9/10 of the similar cases already passed interview and got approvals.
I got my EAD. It travelled to me more than 3 months (though the receipt said 21-30 days :)
I know one person who also waiting almost the same period for interview. He filed EAD in june 2001 and still waiting for it. INS\'s work is far from logic.
 
No Title

I need some advice. My wife\'s lawyer told us that when we file for her asylum, we will have two options:
1) Request for a prompt interview, in which case the interview will be held within a month or two of filing the application.
2) Not request for a prompt interview, in which case she won\'t be called for interview for at least 2 years.

My understading is that currently, the asylum cases are dealt with pretty quickly (within a month or two of filing) and the applicants do not/can not have to wait for years to be called for an interview. Also the decision is delivered within a month or so of the interview.

Now, the question is: am I wrong in my presumption (in which case the attorney would be right).

Thanks for your help,
Jameel
 
Sometimes something goes wrong

You are right Jameel. Mostly it takes 1-2 months to be scheduled for interview (at least 80-90% of the instances I have seen). But sometimes something goes wrong and an indivdual could wait more than a year like in my case. INS is country in country they are isolated from the society deciding peoples\' fate sometimes fairly. It seems that the system is not working perfectly. Everything as turned out depends on your luck. I think that if you are more than sure about positive decision over your case and you have all to prove it could be better to request prompt interview, that is what I am going to do after one year of wait. But if you have some doubts over your case it is better to calm down and follow your fate and fortune.
Please, if anyone experienced problems with interview delay and found way to solve post your message. It is very valuable for us.
 My appreciation in advance!
 
No Title

Thanks. Actually my question was that does INS even provide you the option to choose between "prompt" interview or "delayed" interview.
 
Asylum Interview

It is the policy of the INS Asylum Program to interview applicants within 150 days of filing. Asylum officers in my area have been doing a good job of adhering to this timeline. If delays occur, it is generally because the applicant resides too far away and is unwilling or unable to travel long-distance. He or she must wait for the next "circuit ride" of AOs. Also, some asylum applications are too complex for normal processing. The Asylum Director has to be in touch with the central INS office which, in turn might consult the Departments of Justice, State and other agencies.
 
Asylum after over 4 years in the US

Dear Gilbert,
You seem to be very knowledgeable, ans I am sorry if this question has already been asked here, but I didn\'t find it.

Can a person who has been here in the US for over 4 years as described below apply now for asylum? Or it has to be done in the first year of stay?
His case is :
Professional transferred in 1998 with a L1-B visa. This visa was extended until 2004 when the assignment was extended, but internal policies didn\'t allow a longer stay so the assignment ended in the second quarter of 2001 (I don\'t have all the dates with me).

While in his country getting ready to return he suffered threats of kidnapping (It is very common in that country among professionals in multinational corporations to be kidnapped and or threated). So he returned to the US and found another job who processed the H1B and quit his job in his country.

Then he was laid off in October from his new company and is currently waiting the process of Change of Status to F1 visa to start classes this month.

The last date of entry was July 30, 2001.

Given that this person has proofs of the threats and documentation, can he still have a case for asylum, even if he has been here for 4 years with a couple of trips per year to his country?

I read somewhere that he has one year to apply for asylum, other people told us it was 60 days.

Can he still go to college while waiting for interview?

When can he start working? After or Before the interview?

THANKS and Good Luck!!
 
He almost lost his opportunity

The law stipulates one year frame. An individual should apply within one year of arrival (does not matter if that was legal or illegal entry). In All cases where an individual did not meet one year frame, he could still be eligible only in exceptional circumstances. The delay should be justified properly otherwise it will be discarded immediatelly. If he can prove all those exceptional circumstances then he has a chance.
 
Asylum after...

His last entry was in late July 2001.
Does it matter that he lived here for over 4 years (multiple entries over the years)?

THANKS ! !
 
One year from the MOST RECENT admission

For purposes of asylum eligibility, "the 1-year period shall be calculated from the date of the alien\'s last arrival in the United States or April 1,1997, whichever is later". INS Asylum Regulations. So the person should be fine. However, this is NOT legal advice and you are urged to consult a lawyer.
 
So one year is

Thanks gilbert. Do you think that being in the process of change of status from H1B to F1 reduces in any way the chances of him getting the asylum?
Is it true that obtaining the Green Card will take longer that the regular H1B process??
Does the fact of him owning his place here and being having been a well paid professional here and in his country help? or is it better not to mention it?
I would think that the IRS would like to have assylees (is that the word) if they pay high tazes, but I am probably wrong. This guy is being depressed for months, and I have no idea what to say or do.
Thanks.
 
No Title

HEY, i filed my asylum case in 1999, i waited for the inverview for a couple of months, and waited for almost 7-8 months for the final approval, and i was in CA.
 
You can get EAD

Hi,
You are eligible for Employment Authorization Document if you have been waiting for interview more than 150 days from the date you filed for asylum. You have to count from the date indicated on the receipt where your A# is printed. On 151th day you can fill up I-765 (EAD)and send it to appropriate Service Center. Though, under these circumstances you supposed to get your EAD within 21-30 days (as stating receipt), it more likely will take more than 2 months. I know one person he filled up application for EAD in July 2001, since he was waiting also for more than 150 days. Now it is January 2002 and he still waiting for EAD. He had to fill up second one in december 2001 because they simply lost his application. Hopefully he will get it until February. I filled up I-765 in June and got mine in September (despite that normal period is 21-30 days for persons in our category)
Once you got your EAD you can apply for the restricted SSN based on your EAD.
GOOD LUCK
 
Question is not clear

Hi JValdes,

Your question is not quite clear to me. I did not understand what the EAD has relation to college and tution and what the GC or state citizen have to do with EAD. Getting EAD (Employment Authorization Document) enables you lawfully work in the USA and pay taxes and that is it, otherwise caught working without work permit an individual can face with detention or even deportation.

If your question was about asylee applicant. He can\'t get any financial aid for college unless he was granted asylum. Without granted asylum status he can go to college, but in that case he will have to cover tution himself and also college tution will be available to him as to foreign student i.e higher fee than for locals (state residents)

Hope it made clear

Kind regards
 
Complicated case

I am not very professional in immigration law. But as I understand your friend just aggravated his situation by applying for asylum. He can do now nothing with getting job soon. I guess it were you who told that friend appliied for asylum after four years living and working in the USA (tell me if I am wrong). Since, he could not meet 1 year frame to apply for asylum he has almost zero chance to get it. Since he does not have justified delay to apply for asylum, then he can face with immediate denial and initiation of deportation process. That was really wrong step he did. He should get job offer and then initate new H1 going back to his country. Now, applying for asylum he burnt all the bridges. If he is denied asylum he would be barred to entry to the USA for 10 years. But if mysterously his file is accepted and interview is not conducted within 150 day, then he will be eligible for new EAD. In his situation the best option is marriage to citizen if he can.
Good luck!
 
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