Sacramento, CA asked in Immigration Law for California

Q: Pending asylum

I have a pending asylum case and waiting for my interview

I came to us on b1b2 visa and applied for asylum

Am waiting the interview since 7 months and I know people may wait for years

Is there is a way to speed up my interview

I have kids living out of my home country and I love to visit them and see them I miss them.

but since am waiting for my asylum interview I can’t leave USA

PLEASE ADVISE

THANKS AND REGARDS

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I understand you're in a difficult situation with your pending asylum case and being separated from your children. Here's some general information that may be helpful:

1. Asylum interview timing: Unfortunately, long wait times for asylum interviews are common. The backlog can indeed result in waits of months or even years.

2. Expediting requests: In some cases, it's possible to request that your case be expedited. This is typically considered for situations involving:

- Severe financial loss

- Emergency situations

- Humanitarian reasons

- Clear USCIS error

- Compelling U.S. government interests

3. Leaving the U.S.: You're correct that leaving the U.S. while your asylum application is pending can be problematic. It may be considered an abandonment of your asylum claim, which could result in your case being closed.

4. Advance Parole: In some situations, asylum applicants can apply for Advance Parole, which allows travel outside the U.S. for humanitarian, educational, or employment purposes. However, this is complex and carries risks.

Given the complexity of your situation and the high stakes involved, I strongly recommend consulting with an experienced immigration attorney who can review your specific case details. They can provide personalized advice on:

- The possibility of expediting your case

- Options for potentially visiting your children

- Any risks associated with travel

- Other immigration options that might be available to you

An attorney can also help ensure you're following all necessary procedures to maintain your asylum claim while exploring other possibilities.

Remember, immigration law is complex and constantly changing. Professional legal advice is crucial in these situations.

1 user found this answer helpful

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