Asylum
February 27, 2025

Stuck in the USCIS Asylum Backlog? Here's How You Can Take Control

If you've been waiting years for your asylum case to move forward, you're definitely not alone. Many asylum seekers file their applications, get their receipt number, and then... nothing but silence. Some people have been waiting five, six, or even eight years without a decision or interview.

But here's the good news: You don't have to just sit and wait. There's a way to take control of your case—and it's simpler than you might think.

The Asylum Waiting Game: What's Really Going On?

First, let's understand why so many asylum cases are stuck:

USCIS puts newer cases ahead of older ones. If your case is over a year old, it's probably at the bottom of the pile.

Politics often slow things down. For example, cases from countries like Venezuela face extreme delays as the U.S. government waits to see if conditions improve.

There are over 1 million asylum cases stuck in backlogs, with limited resources and a bureaucratic system to process them.

Since asylum seekers can work while waiting, the government doesn't feel rushed to make decisions.

The average wait time for a USCIS asylum interview is now six years or more. Some people have been waiting over a decade! Federal law actually requires USCIS to decide within six months—but they're counting on you not knowing that.

What is a reasonable amount of time to wait for an asylum interview?

According to federal law (8 USC §1158 d), USCIS is actually supposed to give you an interview within 45 days and a decision within 180 days of applying! For anyone waiting years, that probably sounds like a bad joke—but it's true!

While courts don't strictly enforce these exact timeframes, they do consider them as guidance. Legal experts have found that delays beyond 5 years have been ruled unreasonable by courts.

5 Myths About Asylum Delays (That Keep You Stuck)

Myth #1: There's no way to speed up an asylum case

Reality: Lawsuits are super effective at getting USCIS to move on long-delayed cases.

Federal courts have repeatedly said that making people wait years for asylum decisions just isn't fair. By filing a lawsuit, you're not just speeding things up—you're opening the door to a whole new life!

When your lawsuit succeeds and you get asylum, you'll enjoy benefits like:

  • Protection from deportation (no more looking over your shoulder!)
  • The chance to apply for your green card after just one year
  • The ability to travel with an asylum reentry permit
  • The amazing feeling of finally having certainty about your future in America

Instead of being stuck in that frustrating waiting game, you can take control and start building your permanent life here. Most people who file these lawsuits see action on their cases within just a few months.

Myth #2: I need an expensive lawyer to file a lawsuit

Reality: You can file on your own—for a fraction of the cost.

Most immigration lawyers charge $5,000–$10,000 for these lawsuits. But the process is straightforward, and with the right guidance, you can do it yourself! At Pro Se Pro we’ve helped thousands of people with different application types to file on their own–we know the drill.

Myth #3: The backlog is too big—my case won't matter

Reality: Individual lawsuits regularly get results, even with the massive backlog.

The USCIS asylum backlog has grown over 400% in the last decade, with over 1 million pending cases. But here's the thing: when someone files a lawsuit, USCIS almost always processes their case rather than fight in court. It’s almost like they're counting on you to stay quiet.

Myth #4: A lawsuit might hurt my asylum case

Reality: A lawsuit doesn't affect the outcome of your asylum decision—it just forces USCIS to act.

Many people worry that suing USCIS will lead to a denial. This is totally false! The lawsuit simply forces them to process your application—it doesn't influence whether they approve or deny it. Even top immigration lawyers recommend lawsuits for long-delayed cases.

Myth #5: Filing a lawsuit is too complicated

Reality: With the right guidance, it's simple and takes as little as 30 minutes.

Our service makes it easy with:

- Step-by-step instructions tailored for asylum seekers

- Pre-filled forms that make filing simple

- Progress tracking through our PSP app

- Clear guidance on what to expect at every stage

- No legal background needed!

What About TPS and Humanitarian Parole Applicants?

If you're in the U.S. through Temporary Protected Status (TPS) or humanitarian parole, here's what you should know:

  • TPS does NOT automatically turn into asylum. If you're a TPS holder, you still need to file an asylum application to stay permanently.
  • Humanitarian parole is temporary. Many parolees from Ukraine, Venezuela, Haiti, and Nicaragua will soon reach the end of their two-year period.
  • We can only help asylum applicants who have been waiting 5+ years. If you applied more recently, you're not eligible for a lawsuit—yet.

Are You Eligible to File an Asylum Lawsuit?

You can file if:

- Your asylum case has been pending for 5+ years

- You applied with USCIS (not immigration court)

- You have not been placed in removal proceedings

Even if you've had an interview but no decision, you can still sue!

What If My Asylum Case Gets Denied?

Don't worry—you are NOT automatically deported if USCIS denies your case. Instead, they refer it to immigration court, where you can make your case again. Many applicants actually win asylum in court even after a USCIS denial.

Ready to Stop Waiting and Take Action?

If you've been stuck in the asylum backlog for five years or more, you have options. Don't let the system keep you in limbo—take control of your asylum case today.

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