What does that sign mean?

tempguest

Registered Users (C)
Hi!

The situation: after my interview I was told to come on a certain day to get the decision in person. However, when I got there again, the officer met me and told me that there had been an issue with the documents and they needed more time for my case. So I will not receive the decision today, but instead they will send me it by mail. Then he returned me the same blue paper inviting me to pick up the decision, with a hand-written inscription on the top of the page: "Mail-out NFT-{his name here} at {simple time here like 7:20am}".

What does that mean: The decision has been already made and we just need to wait for the mail to come?
Or smth else?
How long do we need to wait (I asked that, but he was not sure about our waiting time)?

Thank you!
tempguest
 
They usually give a mail out notice if the decision will not be ready within 2 weeks. No body knows how long it will take. Some people wait for weeks, some people wait for months and some people wait for years.
 
assylum, thank you for the info!

But what exactly the fact of "mail-out" means itself?

Kind of - BCIS is no longer working on my case and had sent it to some other body? If so, where to? And how can I get to know about the process - it's stages? Where to call or fac, for example?

Any ideas?

THANK YOU
 

But what exactly the fact of "mail-out" means itself?


Are you sure it is a mail out notice? If yes, then it is normal process and you don't have to worry about it.
If you are not sure, then you need to tell us what it says so I can tell you whether it is a mail out notice or not.

The officer usually gives the applicant a Mail-out Notice. This informs the applicant that
he or she is not required to return to the office to receive a decision.
 
I'm not sure whether it is a mail-out notice. At least - it is not a some special document form. It is the same blue paper that was given me right after the interview, requiring me to get the documents in person in 2 weeks.

So. The officer gave me that my paper I came with, but there was a hand-written sentence on the top of it, saying "Mail-out NFT-{his name here} at 7:13a.m". And yes, he told me that I am not required to come any more because I will receive the decision by mail.
 
I'm not sure whether it is a mail-out notice. At least - it is not a some special document form. It is the same blue paper that was given me right after the interview, requiring me to get the documents in person in 2 weeks.

So. The officer gave me that my paper I came with, but there was a hand-written sentence on the top of it, saying "Mail-out NFT-{his name here} at 7:13a.m". And yes, he told me that I am not required to come any more because I will receive the decision by mail.

It is normal process. They do this when the decision is not ready. You can follow up with them in 3 months if you don't receive any response.
 
They routinely tell everyone to show up, whether or not they have ANY idea if a decision will be made, written, reviewed, revised and ready to hand over to you at that time. IF they are not ready with a decision, they just invoke discretionary authority to send it by mail. They give you every opportunity to do the wrong thnig (like not showing up) so they can stop the 180 day clock on issuing an EAD. It is complex but, try to follow the regulations as they cross reference each other.

8 CFR § 208.19 Decisions.

The decision of an asylum officer to grant or to deny asylum or to refer an asylum application, in accordance with §208.14(b) or (c), shall be communicated in writing to the applicant. Pursuant to §208.9(d), an applicant must appear in person to receive and to acknowledge receipt of the decision to grant or deny asylum, or to refer an asylum application unless, in the discretion of the asylum office director, service by mail is appropriate. A letter communicating denial of asylum or referral of the application shall state the basis for denial or referral and include an assessment of the applicant's credibility.

8 CFR § 208.14 Approval, denial, referral, or dismissal of application.

(b) Approval by an asylum officer. In any case within the jurisdiction of the Office of International Affairs, unless otherwise prohibited in §208.13(c), an asylum officer may grant, in the exercise of his or her discretion, asylum to an applicant who qualifies as a refugee under section 101(a)(42) of the Act, and whose identity has been checked pursuant to section 208(d)(5)(A)(i) of the Act.

(c) Denial, referral, or dismissal by an asylum officer. If the asylum officer does not grant asylum to an applicant after an interview conducted in accordance with §208.9, or if, as provided in §208.10, the applicant is deemed to have waived his or her right to an interview or an adjudication by an asylum officer, the asylum officer shall deny, refer, or dismiss the application, as follows:

************************

8 CFR § 208.9 Procedure for interview before an asylum officer.

(d) Upon completion of the interview, the applicant or the applicant's representative shall have an opportunity to make a statement or comment on the evidence presented. The asylum officer may, in his or her discretion, limit the length of such statement or comment and may require its submission in writing. Upon completion of the interview, the applicant shall be informed that he or she must appear in person to receive and to acknowledge receipt of the decision of the asylum officer and any other accompanying material at a time and place designated by the asylum officer, except as otherwise provided by the asylum officer. An applicant's failure to appear to receive and acknowledge receipt of the decision shall be treated as delay caused by the applicant for purposes of §208.7(a)(3) and shall extend the period within which the applicant may not apply for employment authorization by the number of days until the applicant does appear to receive and acknowledge receipt of the decision or until the applicant appears before an immigration judge in response to the issuance of a charging document under §208.14(c).

8 CFR § 208.7 Employment authorization.

(a) Application and approval. (1) Subject to the restrictions contained in sections 208(d) and 236(a) of the Act, an applicant for asylum who is not an aggravated felon shall be eligible pursuant to §§274a.12(c)(8) and 274a.13(a) of this chapter to submit a Form I–765, Application for Employment Authorization. Except in the case of an alien whose asylum application has been recommended for approval, or in the case of an alien who filed an asylum application prior to January 4, 1995, the application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§208.3 and 208.4 has been received. In the case of an applicant whose asylum application has been recommended for approval, the applicant may apply for employment authorization when he or she receives notice of the recommended approval. If an asylum application has been returned as incomplete in accordance with §208.3(c)(3), the 150-day period will commence upon receipt by the Service of a complete asylum application. An applicant whose asylum application has been denied by an asylum officer or by an immigration judge within the 150-day period shall not be eligible to apply for employment authorization. If an asylum application is denied prior to a decision on the application for employment authorization, the application for employment authorization shall be denied. If the asylum application is not so denied, the Service shall have 30 days from the date of filing of the Form I–765 to grant or deny that application, except that no employment authorization shall be issued to an asylum applicant prior to the expiration of the 180-day period following the filing of the asylum application filed on or after April 1, 1997.

(2) The time periods within which the alien may not apply for employment authorization and within which the Service must respond to any such application and within which the asylum application must be adjudicated pursuant to section 208(d)(5)(A)(iii) of the Act shall begin when the alien has filed a complete asylum application in accordance with §§208.3 and 208.4. Any delay requested or caused by the applicant shall not be counted as part of these time periods, including delays caused by failure without good cause to follow the requirements for fingerprint processing. Such time periods shall also be extended by the equivalent of the time between issuance of a request for evidence pursuant to §103.2(b)(8) of this chapter and the receipt of the applicant's response to such request.

(3) The provisions of paragraphs (a)(1) and (a)(2) of this section apply to applications for asylum filed on or after January 4, 1995.
 
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Guys, thank you for the explanation!

Is there any specific time-limit for them to send me the decision?
(For example, it could be, say, 30 days. And If I do not receive their decision in 30 days, I would be able to well... demand it, sue them, whatever...)
 
Guys, thank you for the explanation!

Is there any specific time-limit for them to send me the decision?
(For example, it could be, say, 30 days. And If I do not receive their decision in 30 days, I would be able to well... demand it, sue them, whatever...)

No, the way it works is like this. IF they can render a decision to deny it either by an Asylum Officer or by an IJ before 150 days on the clock, THEN, you cannot have an EAD as an asylum applicant with a pending application.

Since USCIS got authority to deny WITHOUT having to refer every case to an IJ SEE:http://ecfr.gpoaccess.gov/cgi/t/tex...iv8&view=text&node=8:1.0.1.2.11.1.1.14&idno=8 , they have gotten thier act together on concluding cases as quickly as possible. USCIS does Credible Fear interviews at airports at the request of CBP and if they can't make it the arriving asylumseekers may be handed over to ICE and USCIS will do interviews at detention centers. A great deal more folks are being put back on planes quickly. The ones that are credible often stay in ICE detention if they have to be referred to an IJ. Many will be released and allowed to file with USCIS, many of those are approved by USCIS once the case is properly developed.

If an application has insufficient evidence submitted up front USCIS will issue and RFE and stop the clock until you respond and they review it. If they schedule an interview and you don't show up, that stops the clock. If you request a postponement, that stops the clock. You see how it works. If you are referred to an IJ, they try to schedule as quickly as possible for the Master Hearing, which is a formality to accept applications for relief (like adjustment applications) or hear minor motions, set a briefing schedule, blah, blah, and a Hearing Date. If you postpone, request a change of venue (move to a new court jurisdiction) or no-show, that stops the clock. If a case is mishandled it can delay getting an EAD for years. It used to be that people applied, caused delays, got EAD's for years, got denied then filed appeals, motions, and finally ended up in District Courts, all the time getting EAD's. Judicial Review has since shifted to Circuit Courts of Appeals and BIA has "streamlined" and introduced AWO--Affirmance Without Opinion and increased staff in the BIA and Immigration Courts. The Imm Court and BIA Backlog has shrunk from 100,000 or more cases on appeal or motion which stretched out for 15 years to handling 30,000 of its 40,000 cases each year and still getting better. The folks making fake (as in ridiculously weak) asylum claims are not benefiting the way they used to. People making flat out FRIVOLOUS (totaly fraudulent) claims are penalized by being banned from ANY benefits under the Immigration and Nationality Act for life. The ONLY thing they can get is Convention Against Torture Relief (a U.N. treaty rather than a U.S. Law). To get CAT relief one must show that it is "more likely than not" that they will be killed or tortured if forced to return home.
 
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OK. What do you think: when should I start worrying =) and "poking" them about the decision?

How far along are you on your clock? Do you know? If they can deny you before you reach 150 days, that is a goal. BUT it is also a goal to approve the approvable cases as quickly as possible. Their actual goal is the continue to improve efficiency to reach a fair, accurate decision, without regard to the actual outcome of the individual case, as quickly as possible. The same cadre of Officers handling asylum claims in the U.S. also travel all over the world to refugee camps in usually very unpleasant, poverty stricken, war torn or disater areas. They really do want to grant asylum to any and all who deserve it but can be very harsh to fraudsters.

It's an occupational certainty......
 
I had to pick up my decision on Nov 29th 2010 and the interview was on Nov 15th. My 150 days end in the beginning of March 2011...

Hopefully, you have made a strong case and get an affirmative grant of asylum by USCIS. That type of decision does away with "the clock" and an EAD is actually not required because all you need is the grant of asylum and work authorization is "incident to status". An EAD may be obtained for ease in dealing with employers but is not required. If you file for an EAD, the first one is free. After one year as an asylee you are entitled to file for a greencard. In order to encourage you to file for a greencard as soon as you are eligible, EAD Renewals are at full price. NOTE: the adjustment package consists of 3 applications for one price, an EAD based on a pending I-485 is included.
 
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