Have you or someone you love applied for asylum and are now stuck waiting, unsure of what comes next? If you’re an asylum applicant wondering, “How long does it take for asylum decision to be finalized?” you’re not alone. At Rivas y Asociados, this is one of the most common and stressful questions we hear from our clients.
We understand how hard it is to live in uncertainty, especially when your safety and your family’s future are on the line. In this blog, we’ll walk you through what affects the timeline of an asylum case, the difference between applying through USCIS versus immigration court, and what you can do if your case is delayed.
What Is Asylum?
Before we discuss timelines, it’s important to understand what asylum is. Asilo is a form of protection for people who are already in the U.S. and fear returning to their home country. Applying for asylum allows you to remain in the U.S. legally while the authorities process your case. If you receive approval on your asylum claim, you’ll gain protection from deportation and eventually become eligible for a green card.
Eligibility for Asylum
To be eligible for asylum in the United States, an individual must meet the definition of a refugee as established in the Immigration and Nationality Act (INA). This means that the individual must have a well-founded fear of persecution based on their:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Additionally, the individual must be physically present in the United States or at a port of entry and apply for asylum within one year of their arrival. There are some exceptions to this one-year rule, including changed circumstances that affect the individual’s eligibility for asylum or extraordinary circumstances related to the delay in filing.
How Long Does It Take for Asylum Decision to Be Finalized?
The timeline for an asylum decision can vary significantly based on factors. Here’s a breakdown of what you can typically expect:
Affirmative Asylum (Through USCIS)
If you apply for asylum by submitting Form I-589 to U.S. Citizenship and Immigration Services (USCIS), the process usually begins with a receipt notice and biometrics appointment (fingerprints).
Typical Timeline:
- Asylum Application: USCIS will send you a receipt notice (confirming that they received your application) within 1-5 months of submitting Form I-589
- Biometrics Appointment: At the same time or shortly after receiving the receipt notice
- Interview: USCIS strives to schedule an asylum interview within 45 days of receiving your application. However, the processing of asylum cases is very delayed. Some individuals are close to waiting 10 years for their interview.
- Decision: USCIS seeks to issue a decision within 180 days of filing your application
However, due to backlogs, many applicants are waiting much longer—1 to 10 years or more in some cases.
Defensive Asylum (In Immigration Court)
If you’re in removal (deportation) proceedings and request asylum as a defense, the immigration court will handle your case, not USCIS.
Typical Timeline:
- Court Dates: You may have multiple hearings spread out over months or years
- Final Decision: Some people wait 4–6 years or longer for a final decision because of court backlogs. If your application is denied, you may have the option to file immigration appeals.
What Causes Delays in Asylum Application Cases?
You may have filed everything correctly, but your case is still stuck. Here are some common reasons:
- A high number of applicants, especially from countries facing conflict or crisis
- Rescheduling or canceling interviews because of USCIS staffing issues
- Missing documents or incomplete applications
- Changes in immigration policy or new laws
- Court backlogs, especially in busy states or cities
Additionally, extraordinary circumstances relating to the applicant’s situation, such as ineffective assistance of counsel, can also cause delays and may qualify for an exception to the one-year filing deadline.
How an Asylum Lawyer Can Help Speed Things Up
Having a knowledgeable asylum attorney on your side can make a significant impact. An attorney can:
- Make sure your application is complete and accurate
- Communicate with USCIS or the court on your behalf
- Follow up on long delays
- Represent you in interviews and hearings
- Request expedited processing if your situation is urgent (such as health concerns or danger to your family)
Can You Work While Waiting for Asylum?
Individuals with pending asylum applications can apply for work permits after 150 days. This gives you legal permission to work while you wait for your final decision.
What If You’ve Been Waiting Too Long?
If you are seeking asylum and your case has been pending for several years, you may feel forgotten. In some cases, it’s possible to file a mandamus lawsuit, which asks a federal judge to require USCIS to make a decision, but this is complex and not always the right option. Consulting with an experienced asylum lawyer will help determine your best options.
Waiting Alone Is Hard, But You Don’t Have To
En Rivas y Asociados, we believe every asylum seeker should be heard, protected, and empowered. We know that waiting for an asylum decision can feel like your life is on pause—but you don’t have to face this uncertainty by yourself.
Many of us are immigrants or come from immigrant families ourselves. We understand what you’re going through, and we’re ready to fight for your future. Are you searching for immigration lawyers in Tulsa, Oklahoma? Call us today at (844) 37-RIVAS(844) 37-RIVAS or complete our online form to schedule a consultation. We’ll review your asylum case and help you move forward with confidence.
Rivas y Asociados—Empowering Immigrants, Building Futures!
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Rivas y Asociados
2930 S Yale Ave
Tulsa, OK 74114
(844) 37-RIVAS(844) 37-RIVAS
https://www.rivasassociates.com/
