Can I make my asylum case with USCIS go faster?

It is possible to ask for your asylum case with U.S. Citizenship and Immigration Services (USCIS) to go faster, but the process is difficult and often fails. In this post, we will explain some reasons you may or may not want your case to go faster. If you do want your case to go faster, we also explain options you can try.

• Should I request that USCIS process my asylum case faster?

• How can I request that USCIS schedule my asylum interview faster?

• I have already been interviewed by an asylum officer but have not received a decision. How can I request a decision faster?

• What else can I do while I am waiting for my asylum case to be processed?

Please note: This post is for asylum seekers who have pending cases with USCIS, in what is called the “affirmative” asylum process. If you have a case in immigration court, that is called the “defensive” asylum process, and the information below does not apply to your situation. If you are not sure which kind of process you are in, you can find more information here.

Should I request that USCIS process my asylum case faster?

The decision to ask for your asylum case to go faster can be complicated. It can be helpful to speak with an attorney about your specific case. Find an attorney here. Below is some information you can consider when making your decision.

• USCIS is taking many years to schedule asylum interviews for most asylum seekers. Sometimes even after an interview, USCIS can take a long time to decide whether to grant asylum.

• While you are waiting for USCIS to process your asylum case, you can apply for a work permit and continue to renew it.

• Winning a request to schedule your interview faster can be difficult. USCIS only grants these requests in very limited circumstances.

• If your request is approved, this does not mean that USCIS is agreeing to grant you asylum. It just means that your interview will be scheduled, or a decision issued, sooner. The final decision on your asylum case may be positive or negative.

• If you win asylum, you can petition to bring certain family members, such as your spouse or children, to the United States. You will also have access to certain benefits and public assistance that you could not access before.

If you decide to request that your asylum case go faster, below are some options for you.

How can I request that USCIS schedule my asylum interview faster? 

This section discusses some options for requesting to process your asylum case faster. This is often called requesting to “expedite” your case.

You do not have to choose just one option. You can try multiple options, at the same time or at different times.

Winning a request to expedite can be very difficult. USCIS only grants these requests in very limited circumstances.

Option 1. Submit a request to expedite to your local asylum office

You can submit a written request to expedite your case to your local USCIS asylum office that will be deciding your case.

The request must be in writing and sent by email or mail (not over the phone). It should include supporting evidence. Asylum offices review such requests on a case-by-case basis. They may approve the request if your case fits one or more of the following situations:

1. There could be serious financial harm to a person or company if your case is not decided faster.

2. You are facing an emergency or urgent humanitarian situation. For example, you are suffering a serious illness or your family abroad is in danger.

3. You are helping the U.S. government. For example, the government wants to place you in a witness protection program.

4. USCIS made a clear mistake in your immigration case.

Submit evidence to show how your case fits one or more of these situations. For example, if you have a serious medical condition, you could submit medical documents or a letter from your doctor.

Keep a record of your written request.

You can visit this USCIS webpage to find more information about submitting a request to expedite. You can also find more detailed information here.

Option 2. Ask your congressperson for assistance

Another option is to reach out to your congressperson (U.S. House Representative or U.S. Senator) to ask for their assistance in expediting your asylum case with USCIS. You can find your Representative here, and your Senator here.

Each congressperson has their own procedure for requesting help. Once you identify who your congressperson is, you can go to their website or call their field office to understand how to request their assistance with your immigration case. They may require you to fill out and sign various forms.

Please be prepared to explain to the congressperson’s staff the reasons why your case should be processed faster. They will also most likely ask you to send them any evidence you may have.

Option 3. Consider a writ of mandamus. 

A writ of mandamus is a request to a federal court. When you file a writ of mandamus, you ask the federal court to force USCIS to take action on your case. You can learn more about writs of mandamus on this webpage.

If a federal court grants a writ of mandamus, that does not necessarily mean that USCIS will approve your asylum application. It only means that USCIS must process your application faster.

If you are considering a writ of mandamus, it can be very helpful to have help from an attorney. This page can help you to search for an attorney near you.

I have already been interviewed by an asylum officer but have not received a decision. How can I request a decision faster?

First, check the status of your case on this USCIS webpage to check if USCIS has made a decision. Keep your mailing address updated with USCIS so that you receive the decision.

If USCIS has not made a decision, you can contact the USCIS asylum office that conducted your interview by mail or email to request a decision. Your request should include your name, the date of your interview, and your A number and receipt number (you can find these on your asylum application receipt notice). Keep a record of this communication.

If you do not receive a response and have been waiting more than 2 years after your interview, you can then email USCIS at public.engagement@uscis.dhs.gov. You can also use any of the other options listed above at any time, without waiting 2 years.

What else can I do while I am waiting for my asylum case to be processed?

While you are waiting for a decision, you can:

• Apply for a work permit and continue to renew it while you are waiting.

• Keep your address updated online with USCIS.

• Check the status of your asylum application online by typing in your receipt number. Your receipt number is located in the top left corner of your receipt notice, and usually begins with three letters.

• If you are still waiting for an interview, you can work on preparing your asylum case, for example by finding evidence and legal help.