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We filed for an asylum on Nov 14 2009. We received work permit. We haven't heard anything after that. Should i write to USCIS?

Washington, DC |

It was once denied in Nebraska and we refiled in Maryland. We have already been presented for interview and was supposed to get decision on january 19, 2010 as per the officer. She later called us that they will post us the decision. It's almost 6 months and we haven't heard anything. Should i worry. We have been granted work permit and social.

Aren't they supposed to give the decision first, like if it is approved or referred to court? I know that once it is approved it will be processed for green card.

Attorney Answers 2


It's important to keep in mind that the issuance of an Employment Authorization Document is an "interim benefit". If you made submitted sufficient initial evidence you were properly issued an employment authorization. However, the fact that you were issued an EAD has no bearing on the outcome of the asylum case. Now, to address the asylum case. There are a number of reasons, your case is still pending:

1. Name check and fingerprints haven't cleared. A delay in being cleared used to very common post interview. These days it is common if your name is a common one. A clearance delay can result if you have ever been arrested or fingerprinted for any reason in any part of the world.

2. Documents sent overseas for investigation. If your claims are difficult to verify locally, USCIS may make a request of the US Consul in your home country to attempt to verify claims made ranging from the authenticity of your civil registry documents to the nature of the persecution.

3. Finally, it could be that USCIS intends to issue a Notice of Intent to Deny but it just hasn't gotten around to it. I always tell my clients, it is easier to push the "approve" button than to have to write a 3-5 page explanation of why your evidence does not meet the statutory or regulatory standard required to prove eligibility for the benefit sought.

If I were you, I would schedule an Infopass to visit the same office where you had your interview and inquire the status of your case. Sometimes, you will get the non-answer i.e. your case is with an officer for a decision. Sometimes, you can get a real answer, like "we need an original or certified copy of your birth certificate".

Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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It would not hurt to contact USCIS. If you are worried, you should contact an attorney to discuss the specifics of your case.
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