California Immigration

Another win for an Egyptian client for over 5 years of asylum application (I-589)

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Asylum Application for Egyptian Client — Case & U.S. Process Explained

This article discusses a recent asylum case involving an Egyptian client whose affirmative asylum
application (Form I-589) had been pending with U.S. Citizenship and Immigration Services (USCIS) for
more than five years without an interview date. After lawyering up and filing a Writ of
Mandamus in federal district court to compel USCIS action, the agency scheduled her asylum
interview within 30 days.
from obtaining a decision on their case.

Asylum Application

What Is an Asylum Application?

A person physically present in the United States may seek asylum by filing Form I-589,
Application for Asylum and for Withholding of Removal with USCIS if they fear persecution
based on race, religion, nationality, membership in a particular social group, or political opinion.

You may file an asylum application regardless of your current immigration status, and you do not need
lawful status to apply.
your last arrival in the United States unless you can show changed or extraordinary
circumstances that justify the delayed filing.

Steps in the Affirmative Asylum Process

Once an asylum application is properly filed, several steps normally follow:

  • Receipt Notice: USCIS issues a receipt confirming your application has been accepted.
  • Biometrics Appointment: Fingerprints and background checks are conducted.
  • Asylum Interview: You are scheduled for an interview with an asylum officer who will assess your eligibility.
  • Decision: USCIS decides your asylum claim after reviewing evidence and interview testimony.

Common Delays and Backlogs

USCIS and immigration court backlogs have grown significantly over the past decade. At various times,
affirmative asylum applicants wait years for interviews and decisions — much longer than the 180 days
envisioned in statute — because the number of cases filed has outpaced adjudications.

Information published by USCIS confirms that receipt notices and interview scheduling for Form I-589

Annual Asylum Fee (AAF)

Under a recent policy effective Oct. 1, 2025, asylum applicants with pending Form I-589 must pay an
annual asylum fee (AAF) of $100 for each calendar year their application remains pending. Failure to pay
the fee when due may delay processing.

When USCIS delays action on a case for many years, some applicants seek a federal court order called a
Writ of Mandamus to compel the government to act on their asylum application. A successful
mandamus petition requires showing that an unreasonable delay has occurred and that USCIS has a clear
duty to act. In the Egyptian client’s case, filing mandamus led to USCIS scheduling the interview within
about 30 days.

Mandamus actions are not guaranteed to succeed, and USCIS may oppose them. Courts will consider whether
the delay is sufficiently unreasonable and whether other legal remedies have been tried. Experienced
immigration counsel usually prepares such petitions.

Post-Interview and Final Steps

After the asylum interview, the asylum officer will make a decision based on your testimony and
documentary evidence.
judge for further proceedings.

  • You may apply for an Employment Authorization Document (EAD) after your asylum application has been pending for 180 days, subject to pauses for applicant delays.
  • You may include your spouse and children under 21 as derivatives on your asylum application.

Practical Advice for Long-Pending Cases

Applicants with long delays may:

  • Consult an attorney with experience in asylum backlogs and mandamus actions.
  • Monitor processing times and case status through USCIS online tools.
  • Watch for annual asylum fee notices and pay them timely when required.


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