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Waiting Asylum decision

Discussion in 'Political Asylum in USA' started by LadyLee, Oct 6, 2010.

  1. LadyLee

    LadyLee Registered Users (C)

    Hello everyone,
    I have been waiting the asylum decision for about two months. It's been really hard for me and my family. Struggling with finances, and dealing with depression.
    Im trying to keep myself busy preparing my CV, cover letters, and looking for jobs, but I cant apply since I still dont have the EAD, and have NO idea if I will be approved soon. I have to wait until the end of November to send uscis the I-765 form, and as far as I know, it could take about a month for them to approve it. Which means, that maybe i will be able to work until next year. :(
    How do you guys do it??
    I know is not easy to get a job here. I have a couple of friends who lost their jobs last year because the recession, and they still can't find anything!
    So I have been thinking to start applying jobs, but what if they call me for an interview? I cant give them a specific date when Im going to be authorized to work in the US!
    any advice?
    there's too many problems jumping in my plate now!
  2. scully51

    scully51 Registered Users (C)


    I know the wait if very difficult and frustrating.

    However, keep the faith and know that you've taken a step many folks wish they could take. I waited 2+ years on my own asylum claim, my mother waited over 10 years for hers, I know 3 months seems like a long time, but know that come next year even if your decision is still pending you'll be able to legally work with an EAD.

    I'm not trying to minimize your experience, like you I experienced frustration and depression. Took me 16+ years to get my GC.

    stay positive

    I wish you the very best and a speedy processing.

  3. LadyLee

    LadyLee Registered Users (C)

    Thanks Scully51 for your kind and encouraging words, that’s all I want to hear. We have no friends here, and sometimes it’s really difficult. I just want to feel that I’m not the only one going through this.
  4. Mr. Bird

    Mr. Bird Registered Users (C)

    You are not alone, we applied the same month and even went for interview same season. So am also patiently waiting. They told me to wait at most 6weeks which ended last week and am getting impatient now. keep in touch and all the best.
  5. LadyLee

    LadyLee Registered Users (C)

    Yes! we both applied on June! In my case, during the interview, the AO had the pickup notice ready on her desk with a 2 weeks later date for pick up. But after the interview she changed her mind and told me that desicion will be mailed to me, and that she didn't know how long will take. My lawyer asked her a couple times about a tentative date, but she said she didn't know. She mentioned that she was supposed to take a desicion in two weeks, but in my case she wasn't sure.
    I want to have more faith, and want to be stronger. But I already went through a lot last year, and now I'm drained and tired.
    I really wish you the best, and hope that we both also receive tha approval letter at the same time, and very very soon!
  6. Mr. Bird

    Mr. Bird Registered Users (C)

    yes because the AO also told me to wait 2-6 weeks. So, it seems it's the duration it should take. Let's keep waiting. Keep me in prayer i'll pray for u too!
  7. assylum

    assylum Registered Users (C)

    Sometimes, the decision takes a little bit longer if the officer has not received your alien file from the storage center or from the office that has your file. The officer can not make a decision without reviewing your entire alien file.

    Every asylum office has one day a week dedicated to answering questions in person. Find out what that day is and then go in person to ask why your application is still pending. You don't need a lawyer to do this.
  8. Mr. Bird

    Mr. Bird Registered Users (C)

    Thank you assylum for ur advice. I did not know that and will check and go ask.
  9. LadyLee

    LadyLee Registered Users (C)

    Thanks Assylum! I will call tomorrow to find out the dates.
  10. HaYYaT

    HaYYaT Registered Users (C)

    On Different Boat of Asylum

    Hi All,

    From last month I have been searching for the site where I can find those Asylum applicant (who have given asylum interview and waiting for the Asylum decision) to share my thought regarding Asylum clock which is about 180 days since application completed submit to US service center.

    I did couple search on asylum case even from my some relative (whom Asylum approved in early 2000) and I come to know that there are some categories that they have prioritize the case.

    Priority Asylee decision:
    * Out of status
    * About to out of status in USA “Visa Expire”
    * Eligibility invalid to apply for Asylum “within One year since entered in USA"

    Pending Asylum Decision:
    * Valid Visa
    * H1B visa valid
    * Work Permit limited

    I am on different boat regarding Asylum decision as this is my 2nd attempt to filing I-589 in US Service center. My first Asylum was filed in 1999 as I was refugee and my case was denied because I was over age 21.

    After 9 years once again I applied myself for Asylum as Asylee (entered in USA as status H1B and visa valid till 2013).

    Right now I have H1B status because my Asylum decision is still in pending even two letter has been sent for the query ( Unfortunately Cant get any query on phone for Asylum status) and haven't hear any response from Asylum Office.

    Today 115 days has been passed since my application has been completed & submitted to Asylum Office with out any delay from my site and already have taken interview in month of July 2010. Hopefully I will hear good news soon from Asylum Office.

    I am pretty sure about 98% whose asylum decision are pending and waiting for decision are having valid status in USA.

    As my knowledge If I haven’t hared any thing for my asylum decision by November (150 days since I filed my case to USCIS), after 36 days I will able to apply for EAD and once I received EAD, my status will change automatically to Asylee.

    Good Luck to every one....... !!!!

    June 2010- Submitted I-589 :eek:
    June 2010- Received Receipt Notice :eek:
    June 2010- Biometrics Done :eek:
    July 2010- Interview Done :eek:
    Awaiting for the decision :confused:
  11. assylum

    assylum Registered Users (C)

    You are wrong. Waiting for 150 days does not make you an asylee. Waiting for 150 days might make you eligible to apply for EAD category (c08) (i)

    EAD category (c08) section (i) is for pending I-589 (pending for more than 150 days with no initial decision)
    EAD category (c08) section (ii) is for I-589 recommended approval.
    EAD category (A05) is for asylees. (asylees are not required to have EAD to work in the US)

    Your status will change to asylee if and only if you get granted an asylum status by either USCIS or EOIR (judge)
    Last edited by a moderator: Oct 21, 2010
  12. LadyLee

    LadyLee Registered Users (C)

    Hello Everyone,
    Thanks to "assylum" advise, I went to the Asylum Office to request information about the status of my application, I was informed that desicion was already made and that will be in the mail very soon.
    I'm very confident that I have a strong case, and I am in GOd Hands, but please keep me in your prayers!
    I will post the news as soon as I have a chance....
  13. alex987

    alex987 Registered Users (C)

    I pray for u :))
  14. LadyLee

    LadyLee Registered Users (C)

    Thanks Alex987!
    I'm still waiting the decision!
    Everytime thaI go to that mailbox my heart beats like a DRUM!!
    I will let you know...
    Don't forget to pray for meeeeeeeee
  15. assylum

    assylum Registered Users (C)

    what asylum office is your case at?
  16. heyhey

    heyhey Registered Users (C)

    hello everyone,

    today i decided to join this forum, I had my interview in August and still waiting for my decision, it's been more than two months that I am waiting, I am praying that I will get a positive result because I am very fearful to go back to my country, I talked to a lawyer and he told me that the longer it takes the better, because if they want to reject you , they will do so within a month , do you guys think he is right? good luck to everyone, and specially ladylee
  17. LadyLee

    LadyLee Registered Users (C)

    I think that if the AO is completely sure that the petioner doesn't have a well founded fear, the application will be denied in the first 2 weeks. If there's any doubt, or if they need to confirm information given from the applicant, it may take longer. The AO need to do a research of country conditions, tha background of the applicant, verify documents, etc. and I think they do all that only after the four basic criteria of well-founded fear has been established (Mogharrabi test)
    So, I think that more than 2 months waiting desicion doesn't mean that they going to approve it, It depends on different things.
    There's some asylum offices that work more efficentely than others, maybe because they don't received too many applications, That's what I think.
  18. heyhey

    heyhey Registered Users (C)

    thanks ladylee,

    three questions:

    1. what is Mogharrabi test?
    2. where did you do your interview? eastern cost? western? north? south? I am asking because I know the state where you do your interview also make a difference
    3. do you think the person who interviews you is the only person making a decision on the case? maybe there are more people/organizations involved?

    good luck
  19. Marta_

    Marta_ New Member

    My husband has been deported six years ago I was in deportation aplicasion Same But I do not have left me I have a son born 13 years I have also used a U.S. citizen brother asked me 6 years ago and accepted the aplicasion immigration issues department need to know if immigration issues stop my deportation I have no criminal antecedents thank you
  20. LadyLee

    LadyLee Registered Users (C)

    1. The four basic criteria for well-founded fear are: (Morraghabi test)
    A. Possession (or Imputed Possession)
    The applicant must establish that he or she possesses or is believed to possess a characteristic the persecutor seeks to overcome.
    B. Awareness
    The applicant must establish that the persecutor is aware or could become aware that the applicant possesses (or is believed to possess) the characteristic.
    The applicant must establish that there is a reasonable possibility that the persecutor could become aware that the applicant possesses the characteristic; mere speculation that the persecutor could become aware is insufficient.
    If the claim is based on a characteristic the applicant does not actually possess, but that the persecutor might attribute to the applicant (“imputed characteristic”), then the proper consideration is whether there is a reasonable possibility the persecutor might believe the applicant possesses the
    C. Capability
    The applicant must establish that the persecutor has the capability to persecute the applicant. Some factors to consider in evaluating capability include:
    1. whether the persecutor is a government entity and, if so, the extent of that government entity’s power or authority;
    2. whether the persecutor is a non-governmental entity, and if so, the extent to which the government is able or willing to control it;
    3. the extent to which the persecutor has the ability to enforce its will throughout the country.
    D. Inclination
    The applicant must establish that the persecutor has the inclination to persecute him or her. Note that the applicant need not establish either that the persecutor is inclined to punish the applicant, or that the persecutor's actions are motivated by a malignant intent.
    Factors to consider when evaluating inclination include any previous threats or harm from the persecutor and the persecutor’s treatment of individuals similarly situated to the applicant.

    2. I was interviewed in the north east coast

    3. I think the AO takes the decision in consultation with the supervisor. In some cases they request the opinion of the Department of State.

    Thanks HeyHey for your good wishes!!
    Last edited by a moderator: Oct 23, 2010

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