Asylum Backlogs and Delays: What to Expect and How to Stay Prepared

For many asylum seekers in the United States, the toughest part isn’t the hearing or the interview — it’s the waiting. Even after submitting all the right paperwork and telling their story, applicants often find themselves suspended in a system that doesn’t move fast.

By the end of February 2025, more than 1.96 million individuals had filed formal asylum applications and were awaiting hearings or decisions in immigration court — a staggering share of the broader backlog of 3.69 million cases across the Executive Office for Immigration Review (EOIR).

For families, the wait is often measured in years, not months. The average asylum case in immigration court now takes more than 4.2 years to be completed. During that time, applicants risk losing access to vital evidence, facing shifting policy landscapes, juggling work authorization, and enduring emotional and financial strain. Though the system may be stuck, there are steps you can take to stay prepared.

Why the Backlog Keeps Growing

The asylum backlog is not slowing down. One major factor is the surge in applications. In fiscal year 2023, asylum seekers filed more than 450,000 new affirmative applications, nearly double the number from the year before and more than triple the filings at the prior peak in 2017. Immigration courts are now dominated by asylum cases. By early 2025, 53 percent of all pending court cases were asylum-related, leaving little capacity for other matters.

Staffing shortages make the problem worse. Even with new immigration judges added in recent years, the system does not have enough resources to keep pace. Many judges manage hundreds or even thousands of active cases, which makes long delays unavoidable.

Another factor is the changing composition of who files for asylum. According to the New York Times, the backlog has ballooned partly because many migrants with weaker claims still apply. Some fled genuine persecution and have strong cases, while others applied mainly for economic or personal reasons. They know the long wait for a decision allows them to remain in the United States for years, even if their claim is eventually denied. This mixture of strong and weak applications has added to the already overwhelming caseload.

How Long Will You Wait?

For most asylum seekers, the wait is measured in years rather than months. The average case in immigration court now takes more than 4.2 years to be completed, and for many families it can stretch even longer.

The weight of the backlog also depends on where the case is filed. New York City has the largest pending asylum caseload, with over 200,000 applications pending. Miami follows with about 158,000, Orlando with 108,000, Chicago and Newark with 98,000 each, and Dallas with 80,000. Families assigned to these courts often face the steepest delays.

Only a fraction of applicants — about 0.33 percent — are detained, and those cases are resolved faster. For everyone else, hearings are frequently postponed because dockets are full or judges are reassigned. Families may spend years preparing evidence, only to discover that their court date has been pushed back again. The uncertainty of repeated delays makes it nearly impossible to plan for school, work, or family life in the United States.

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Why Some Cases Struggle to Move Forward

Not every asylum case moves through the system with the same strength or preparation. Many applicants face steep hurdles that make their claims harder to present clearly, which in turn slows the courts and increases the risk of denial.

One challenge is representation. Most asylum seekers do not have lawyers. Without professional guidance, applicants often misunderstand deadlines, miss opportunities to present evidence, or fail to raise legal arguments that could support their case. As NPR reported in 2025, people without attorneys often do not know they have certain rights or options. The law is complex, and trying to navigate it alone makes an already difficult process even harder.

Language barriers and lack of familiarity with U.S. legal systems compound these problems. The New York Times noted that some applicants file incomplete or poorly drafted applications simply because they are trying to manage the process in a language they do not fully understand. Even strong claims may falter when the paperwork does not reflect the true story.

The preparation required for a solid asylum case is also significant. The American Immigration Lawyers Association estimates that it takes an experienced attorney 50 to 75 hours to prepare a single application. Without that level of effort, many applicants run into the same roadblocks:

• Lack of legal representation, leaving applicants unaware of rights and procedures.

• Language barriers that prevent clear communication of their story.

• Incomplete or weak applications, which fail to highlight the merits of a claim.

• Time-intensive preparation needs that individuals cannot realistically manage on their own.

When these issues stack up, they not only reduce an applicant’s chance of success but also slow the courts themselves. Weak or incomplete filings require more review, generate more continuances, and increase the likelihood of appeals. In other words, the very obstacles that make it harder for families to win asylum also add to the delays everyone is facing.

How to Stay Prepared While You Wait

While the backlog is beyond any individual’s control, there are concrete steps families can take to stay organized and protect their case. Small actions today can help prevent bigger problems later.

• Organize and safeguard evidence. Keep a binder or digital folder with affidavits, IDs, medical records, school enrollment papers, and any country condition reports. Having documents in order makes it easier to respond quickly when your hearing is finally scheduled.

• Track your case status. Use EOIR’s Case Status Online tool for court cases and the USCIS portal for affirmative filings. Checking regularly helps you catch updates or changes in hearing dates.

• Renew work authorization on time. File for Employment Authorization Document (EAD) renewal at least 180 days before it expires. A lapse can create unnecessary stress and financial strain.

• Document life in the U.S. Save proof of your work history, school attendance, community involvement, and family milestones. These records show that you are establishing roots while waiting.

• Work with an attorney. Legal guidance can be the difference between a weak application and a strong one. Attorneys help families prepare evidence, meet deadlines, and navigate policy changes that could affect eligibility.

Even in a system where delays are common, preparation gives families more control and peace of mind.

Next Steps

Delays in the asylum system can feel overwhelming, but being proactive makes a real difference. Staying organized, tracking deadlines, and seeking professional support are all steps that strengthen your case and reduce the stress of waiting.

Working with an experienced immigration law firm like Gendelberg Law, PLLC ensures that you do not face this process alone. We help clients monitor case status, manage deadlines, and prepare the strongest application possible. At Gendelberg Law, we go above and beyond for our clients, guiding families through an uncertain system with personalized care.

Let us help you take the next step toward safety and stability. Contact us today.