Asylum Offices Nationwide Modify Procedures for Scheduling Interviews
As of late December 2014, the Arlington asylum office has made changes to its scheduling to reflect the following priorities:
1) Rescheduled cases
2) Minor principal applicants
3) Adult principal applicants on a first in, first out basis.
This change reflects a trend nationwide, in which all asylum offices will begin to prioritize pending cases over newly filed cases. Previously, the cases were processed on a “last in, first out” basis. This meant that whether an applicant was granted an interview within the target time period of 45 days was essentially a matter of luck. If the asylum office was fully staffed and able to keep up with newly filed cases, the goal was to schedule all cases within 45 days. However, when more asylum applications were received than the Asylum Division was able to schedule, cases that could not be scheduled were sent to the backlog. The USCIS Asylum Division has seen a significant increase in caseloads over the last several years, with the fastest growing caseload being the credible fear caseload. As a result of the increased caseload, many applications would remain in the backlog and be given lowest priority in terms of scheduling.
The recently announced change in scheduling policy puts an end to the seemingly arbitrary and random scheduling process previously employed by the Asylum Division. This change also means that there should be movement in cases that have been pending for a very long time without interview. However, the change also means that the estimated wait time for all applicants will be 20-24 months in the Arlington, Virginia office.
In good news, the Arlington asylum office has implemented a number of procedures to address the backlog in cases, including creating a “short-list” waiting list, allowing applicants to be contacted for an interview in the event of cancellation with potentially very short notice. The Arlington asylum office will also entertain inquiries for cases with compelling or exceptional circumstances, including family members in danger or serious illnesses.
However, the current predicted wait time for interviews means that the agency is following far short of the statutory mandate to interview asylum applicants within 45 days of receipt of the application. The statute provides that, absent exceptional circumstances, an interview must be scheduled within 45 days of receipt of application, and a decision made within 180 days of filing of the application. Given that wait times of between one to two years are now predicted as being the norm for asylum applicants, practitioners may consider filing federal court lawsuits challenging the systemic delays in processing asylum applications.
Many asylum applicants are separated from their family members, have undergone severe trauma, and are continuing to experience the lasting effects of persecution that they have endured. While the agency has understandably struggled with limited resources in recent months, the effects of these limited resources has the potential to take a terrible toll on vulnerable, traumatized asylum applicants.