Waiting Asylum decision
- Thread starter LadyLee
- Start date
ask_asylum
New Member
Oh thats very difficult...because I live in an apartment. Would they call my father when they reach my apartment to pick it up?
msv5450
Active Member
Is this your first EAD?
When did you apply for asylum and have you had your interview yet?
Thank you for your answer.
yes .it is first EAD.
I applied for asylum 6 months ago.
my interview was on July.
msv5450
Active Member
it might take 3 months to get your EAD issued. I've seen a case that took almost 4 months this year.
msv5450
Active Member
I don't know. I haven't applied for EAD myself yet. I'm just saying it is very normal to have to wait for 3 months or so ...
There is no change in your asylum status when you apply for an EAD based on your asylum application being pending for 5 months or longer. It's a completely different application. Once you get the 797 notice of action, you'll see a number there with which you can track your EAD. But your asylum case will not update or change.
Hello guys! Nice to see a decent forum with nice and knowledgeable people after several months of search. My main interest in searching was to get real time frame updates from real people. Honestly my situation is so unique, I'm not sure if anybody knows the answer.
Me and my wife have arrived to the US as F1/F2 in 2018. I graduated this May but decided to file for OPT earlier.
My OPT receipt date is February 27. This year it took a lot of time for USCIS to process OPT cases and by the time I filed for asylum this July my case was still pending. We did biometrics within 1 month of filing for asylum and still waiting for an interview.
My concern is OPT case pending for 245 days now. Haven't seen anybody waiting that long. Do you think this might be related to Asylum case pending?
I have raised several SRs, Ombudsman's office and Congressional inquiry. All the answers coming from aforementioned authorities up until 1 month ago were related to my case not clearing all security checks. Month ago congressman emailed me with an update saying "While progress has been made on your constituent’s case, the case is under review by an adjudicating officer. Please allow time for the adjudicatory process."
Do you think this could mean that my case finally cleared background check? Do they perform the same background check for all other applications and it could be the reason for delay of OPT? I know many of asked questions involve deeper knowledge(as a former officer I know things about secrecy), but sometimes people stumble upon similar situations and their case gives some idea.
Thanks a lot in advance for your effort and patience.
Me and my wife have arrived to the US as F1/F2 in 2018. I graduated this May but decided to file for OPT earlier.
My OPT receipt date is February 27. This year it took a lot of time for USCIS to process OPT cases and by the time I filed for asylum this July my case was still pending. We did biometrics within 1 month of filing for asylum and still waiting for an interview.
My concern is OPT case pending for 245 days now. Haven't seen anybody waiting that long. Do you think this might be related to Asylum case pending?
I have raised several SRs, Ombudsman's office and Congressional inquiry. All the answers coming from aforementioned authorities up until 1 month ago were related to my case not clearing all security checks. Month ago congressman emailed me with an update saying "While progress has been made on your constituent’s case, the case is under review by an adjudicating officer. Please allow time for the adjudicatory process."
Do you think this could mean that my case finally cleared background check? Do they perform the same background check for all other applications and it could be the reason for delay of OPT? I know many of asked questions involve deeper knowledge(as a former officer I know things about secrecy), but sometimes people stumble upon similar situations and their case gives some idea.
Thanks a lot in advance for your effort and patience.
msv5450
Active Member
Hey man,
There is something really really suspicious going on in your case. First of all, I have never seen anyone with an OPT pending for almost 10 months. Just so you, you have been in your "grace period" since May and they grant you only 90 days since the time you graduate in order to leave the US. So, you have practically fallen out of student status and that's probably while USCIS is not giving an OPT EAD to you because you're no longer eligible for it. I am not sure about this. You should check with an immigration lawyer.
Second, that "background check" response that they gave you is pure bullshit since you havne't done any interviews yet. Background check takes place if you have had your interview and you've been recommended for approval.
Again, it is rare if you applied more than 6 weeks ago you haven't been interviewed yet. they usually interview applicants 6-8 weeks after filing for asylum. Where is your office? I hear Texas and NJ aren't scheduling interviews these days but you must have gotten an interview by now if you applied in July
Hey there,
Thanks for the reply. My case is in LA. To my knowledge OPT is part of F1 program and I have applied for it in February, the earliest possible month to apply. I haven't heard any update on my case but even before applying to asylum it was past processing time and they stated that the reason of delay is background check issues. In fact, I read guidelines of DHS and USCIS describing background check process. the document says that for asylees it starts the moment you file. There is almost similar procedure for other applications including I-765 for OPT. Those applicants need to clear background check before grant of the benefit. Correct me if I'm wrong...
It is not my fault that USCIS didn't inform nor give me approve/deny decision in timely manner. I know a person on website who applied for OPT March 5 and got his decision week ago. Grace period should be 60 days and unemployment rule is 90 days(from the start date of OPT EAD). I haven't violated my visa status and obviously waiting for a decision as I plan to work with my OPT EAD. Maybe I'm mistaken, but hope i haven't lost my F status.
msv5450
Active Member
You will remain in status as long as you're studying or OPT. Your visa might be expired. doesn't matter. Why did you apply for EAD if you're a student?
If I cancel my Visa is it possible I get my decision earlier?beacuse now I'm in CPT and every semester I paid tuition to the university
msv5450
Active Member
You can't get your visa canceled. you can drop out of school and nullify your CPT but I doubt it would have any effect on your asylum decision time.
Do not mix the two: F1 visa = non- immigrant status: Asylum = immigrant status. Any person can only have one status at a time. The two processes are very different, independent, in terms of adjudication. Cancelling your F1 student visa doesn't have anything to do with your asylum case....it won't move faster either. The only time you F1 status will be checked by DHS is when they decide to deny you asylum...at that time if your F1 status is invalid, they will put you in deportation proceedings.
I don't understand why you want to cancel your F1 status. If you are an phd student, I thought its possible to apply for green card based on that? Anyway, good luck.
Really? I didn't know how can I apply for green card base on it , my grade is A+