The most common question that clients ask when they are considering filing an application for asylum is how long the process takes. The response to this question has changed over the years. Most recently, however, my response has been: I wish I knew. Two or three years ago my estimate of 9-12 months was fairly accurate and consistent. However the processing times of recently filed asylum applications have ranged widely, some taking as little as several months for a decision and others have taken years. Currently there is a documented backlog in affirmative asylum applications of around 40,000 cases and the numbers continue to increase. A majority of these backlogged cases were filed last year alone. The main reason for the backlog is simply an issue of supply and demand. Beginning in Fiscal Year 2012, the number of credible fear and reasonable fear interviews, which take priority in scheduling over asylum interviews, began to increase exponenti...
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