Among lawyers, there’s a certain skittishness when it comes to discussing fees. Speaking for myself, I don’t much care for the money-side of the business. We’re not trained to deal with client payments in law school, and the guidance we receive afterwards—from the bar association, for example—is related more to complying with lawyer-trust-account rules than to determining how much to charge.
In the field of asylum law, attorney fees vary widely. Within my little community, for an affirmative asylum case, I’ve heard about lawyers charging anywhere from $900 to $10,000 (or more). For defensive asylum cases (in court), prices are usually higher. Sometimes these fees are flat fees, meaning you pay a set fee for the entire case. Other times, fees are hourly, meaning you pay for the lawyer’s time–the more time the lawyer spends on your case, the more you pay.
In my office, we charge a flat fee of $3,000 for most affirmative cases, which is fairly competitive with those few attorneys in Washington, DC whose main practice area is asylum. Our fee for defensive cases is usually $4,000 [update 01/10/18 – please note that these fees were from 2016 and no longer apply]. What’s ironic here is that lawyers who do not specialize in asylum—and who consequently have less experience in this area of practice—are actually able to charge more for each case (I remember telling one such lawyer about my fee and she burst out laughing; I took that as a sign that I should raise my rates – maybe one day). In our firm, the bread-and-butter cases are asylum, and so we need to do a lot of such cases. Thus, we have to keep the prices down. If our main practice area was business immigration, for example, we could charge more for each asylum case, since we would not need to do a large number of such cases to make a living.
So how do you know what is a fair fee for an asylum case? And what exactly do you get in exchange for giving money to an attorney?
The first question is difficult to answer. Hiring an attorney is not like buying a new car. Whether you buy the car from one dealership or another, it’s the same car. With a lawyer, you are paying for his work. Some lawyers are brilliant, honest, and hard working; others are poorly trained, lazy, and dishonest. Paying more money for a lawyer does not mean that you are hiring a better advocate. In fact, I find that there is little relationship between the amount of the fee and the quality of the service. Indeed, lawyers who charge higher fees for asylum are sometimes more interested in earning money than in helping their clients.
I suppose the first thing you’d have to know in deciding whether an attorney’s fee is fair is the quality of the service she provides. There are certain things a good attorney should do. For example, a good attorney will listen to your story and try to evaluate the strengths and weakness of your case; she won’t sugarcoat the case in an effort to get your business. A good attorney will make sure you understand the asylum process, the problem of delay, and the possible results in your case. She should also explore any alternatives to asylum that might be available to you. A good attorney will help you put together your case, write your affidavit with you, and advise you about what supporting evidence you should obtain. This point is crucial: The affidavit (or declaration) is the heart of your case, and an asylum applicant may not know what information is legally relevant to include in that document. If the attorney does not spend significant time helping you prepare the affidavit, she is not doing her job. Without a properly prepared affidavit, the odds of success go way down.
Also, a good attorney should prepare you for your interview by discussing possible questions and answers, and by helping you think through answers to problematic portions of your story. A good attorney should be relatively easy to reach; if you call and leave a message, she should call you back (pet peeve alert: If you call and don’t leave a message–like some of my clients–the attorney likely will not call you back, as she won’t know that you’ve called her – so leave a message!). If your lawyer is not providing these services, she is not doing her job, and whether her price is a lot or a little, it is too high.
A final point, and this is key: A good attorney will never encourage you to lie or agree to represent you if you tell him that you want to lie to the U.S. government. Any attorney who does that is untrustworthy and dangerous. If they are willing to lie to the government, you can bet that they will lie to you.
If your attorney is providing all the essential services, if you feel comfortable with the attorney, and if you can afford the fee, whatever it is, you are probably getting a fair deal. Maybe that is a cop-out answer, but as I’ve said, it is quite difficult to place a monetary value on a lawyer’s services.
I truly believe that there is little relationship between price and quality among asylum lawyers. If you find an attorney that you like, but his price is too high, then look for another attorney who is more affordable. Good, reasonably-priced lawyers are out there. But remember too that these cases are a lot of work. Most asylum lawyers who are dedicated to the field don’t expect to get rich, but we do need to make a living. And you do need to pay a fair price for their work. Now, if you’ll excuse me, I’m off to earn the big money… or not.
Sorry, I wanted ask, what is usual schedule for immigration attorney fees for asylum?
As I discuss above, there is none. We typically charge $3000 for an affirmative asylum case, but prices are all over the map. Take care, Jason
Hello. What is usual schedule for immigration attorney fees? Thank you.
There is no “usual schedule.” See the article above. Take care, Jason
Hello Sir,
Few of my friends need to file asylum case. and they dont have enough money to file case and book a lawyer. they are asking me to fill their application. I said we must have lawyer who can understand our case. and the case is they are Indian and they face problem from political party after agitation happened in India( Patel agitation last year in Gujarat state) Could you please guide me what is the best way to do the same?
Thanking you
I did a posting on September 22, 2016 that may be helpful. Take care, Jason
Also, another one on July 7, 2016 that might help.
please Jason…I need to talk to you privately concerning my assylum case..[phone number redacted]
Send me an email at Jdzubow@Dzubowlaw.com and we can make a plan to talk. Take care, Jason PS: I redacted your phone number from your post.
please Jason..just moved in from chicago to Maryland…need to start up with my assylum right away..am not at peace..please drop your phone number for me to contact u..[redacted phone number]
You are welcome to call my office at 202-328-1350. I will be out until Monday. Also, I am reacting your phone number from your blog post, as it may not be a good idea to post it publicly. Take care, Jason
Hey Jason,
Sorry for another question, what should be the fair fee to apply for an EAD for pending assylum each applicant a attorney should charge.
Thanks a ton
Who knows? We charge $200 for our existing clients, but I recommend that my clients do it themselves. With all the delays, we have too many pending cases, and we could spend all our time renewing work permits. For this reason, we started to charge extra (we used to do it for our clients for free). I think more than $400 is probably too high, given that it does not take a whole lot of time, but again, attorney fees are very difficult to pin down, and different attorneys have different expenses and reasons for setting their fees. Take care, Jason
Thank you Jason you are a life savior may God bless you..
Hey jason
I just wana ask we have pending assylum and after 150 days my attorney is asking for a way too much money for 2 ead applications, which we cant afford also she is asking us again and again if u wish us to do the next step pay me, otherwise we would widhraw from you case. And has given us a deadline, after which she will automatically send us the letter of widhrawal.
My concern is if she leaves our case, how will we know that what material and paper work she did while application. If we ask her to give us a copy. She should handover us ? If not should we take a legal action against her.
Because explaination to a new attorney will,be helpful with the whole bunch of doc and file what she submitted at the time of applications. New attorney should know what was submitted earlier.
Do reply waiting from you..
The attorney should have given you a contract at the beginning which explains the fees. If not, you should ask her for a copy. If she has not given you this, she is violating the rules. Also, if she leaves your case (or even if she is still your lawyer), you are entitled to a complete copy of your file. If she does not give this to you, she is violating the rules. If you feel she is violating the rules, you can file a bar complaint against her with her state bar association (each lawyer is a member of a state bar association). Usually, if you tell her that you will file such a complaint, that will be enough to get her to do the right thing. However, if you need to file it, you can and should. If you have lost confidence in her, you should find a new lawyer. Good luck, Jason
Hi Jason,
I am from India and currently living in India with my family, we belongs to the Brahman Hindu family and with all faith and trust started going to Church and accept Christianity and have start practicing Christianity, now since last 3 months we are facing lots of problems, we started receiving the threat letters and couple of occasions few bunch of people beat me i have gone to police and given the written complaints and also sent couple of mails to the senior police officers too but no reply at yet neither they have taken any action yet, i am very scared and tensed and stopped going to church from last few weeks and very sad as i want to keep my practice on. i thought to run out from India to any christian friendly county so that i can live and practice peacefully. please advise which country i can go with my family? or if USA i got my valid USA visa but my family got refused last year.
Please help in this.
I cannot assist you to get a visa to the US. You may want to talk to a lawyer to help your family get a visa, and then you can all come here together. If you come here alone and win asylum, your family can come here after that, but the process is so slow that you will likely have a long separation from them (probably 2 to 5 years, and that assumes you win on the initial application). Also, so you know, you will need to show that you cannot relocate safely within India, and this might be a challenge in your case. Good luck, Jason
Hi Jason I live in fairfax Va just wanted to help one of my Wifes Sister and her family who ( basically are Indians) and are Christians . they were working in Saudi Arabia and went back to India and seeing the Problems happening over there are really scared ,is it possible for you to take their case up. and do you have a office in Va
I am in Washington, DC. If they are in the US and want to meet, I am happy to talk to them. Just let me know. Take care, Jason
Hello Jason currently on the run with my daughter who is just a 1year 6months old……the family am married to have a long standing tradition of circumsising the first female child…what are my chances of claiming asylum in the US with my child
If you are in the US, you do have a decent chance of winning asylum. The problem is that there are some mixed results for cases of adults who fear that their children will be circumcised. One federal court – the Eight Circuit has held that an applicant for asylum may make a derivative claim based upon the claim that the applicant’s daughters would be subjected to FGM if the applicant were to be removed. See Hassan v. Gonzales, 484 F.3d 513 (8th Cir. 2007). So if you live in the area covered by the US Court of Appeals for the Eight Circuit, that might be a friendlier environment for you. There may be other areas of the US that have the same rule, and you would need to check. Of course, if you are a woman and a victim of FGM yourself, you can claim asylum and have a good chance to win anywhere you live in the US. Good luck, Jason
Hi Jason & Todd,
I and my husband had filed Asylum case by an non-active attorney. who did not signed the documents. Kindly help my husband we are family with three kids living here. My husband already met with Todd. We really need help.
Thanks & regards
Bushra
Todd is a great lawyer, so I am sure he can help. Plus, we work together, so we discuss cases if there are issues. Stop by and say hello next time you are in the office. Take care, Jason
Hi dear Jason,
I would like to hire your firm for my mother who wish to apply for asylum who just landed one month ago in Us. I m on pending asylum since 2013. My mother was kidnapped in my home country for 2 years. No body knew where she was. This year someone found her in Maine, Portland at the Catholic charity organization and he recognized her and helped her to be in touch with me because it has been a while I never heard about her since her disappearance.
What’s is the requirements to hire your firm, costs and appointment?
Actually I’m not in Washington but I have a collegue who can help my mother to file the asylum there.
Thanks,
We do cases all over the US, so that is no problem. You can email me at Jdzubow@DzubowLaw.com or call: 202-328-1353. I should be in the office on Monday. Take care, Jason
Hi Jason
I came to the US one months ago via tourist visa . I changed my religion from Islam to Christianity. Now I am looking for attorney who can help me on this situation . Can you help me? what must I do ?
We do such cases. If you want to contact me, my email is Jdzubow@Dzubowlaw.com. Take care, Jason
After we were taken to open 15temmuz blow from his teaching position with my wife. In 2yo We have 1 daughter. Feto(Fethullah Gulen Terrorist Organization) blame . We are accused of armed terrorism . because the process is not obvious from the state of emergency . We have no right of appeal . Society and our environment are seen as terrorists and enemies of the state . Our family life was disrupted. Economic distress to be over , there are loan and credit card debt . We are accused of the work we do. They do not call my mother and ask your relatives except my two brothers teroristmiss said . And we have many challenges.
I see the only way out of the asylum , but I accepted the United States according to the Asylum to the conditions you have a chance ? Or do I have the right legislative legally there ?
I would call them , but I did not dare for fear of the rest.
We are writing very difficult to please answer
I am not sure I understand the question, but if you fear harm due to the crackdown on Gulen supporters, you likely have a case for asylum. To seek asylum in the US, you must be in the US – you cannot seek asylum here unless you are here. However, if you are outside your country, you potentially could register as a refugee with the United Nations or with the country where you are located. Take care, Jason
Hi Jason,
I came to Los Angles and then moved to Texas as got my uncle’s place to live for couple of months. I hired a good lawyer for my asylum and he knows about the same right from the start. He said that you have to be here while the process is going on, I told him that I can’t afford to be in California till the time I am not working, so at least need to wait till the time I get the authorization to work. I can come here in case if anything is required regarding the case. Please help me with this as presently I am not in a position to live in California, but have plans after couple of months. What should I do ?
I do not understand your question. You filed for asylum in CA and want to move somewhere else for a while? I wrote a blog post on June 24, 2015 that might be helpful on this topic. Take care, Jason
Dear Jason,
My name is manvinder singh ,indian passport ,i am Dubai since 2008,
i had some financial issues with some bad people in india due to loss in business in india , they were kept on threatening me,due to safety point of view i moved to UAE with my wife ,now we tried to go back to India however they people are still searching me for damage .i went to india but always for short periods .those people are resource full and financially strong to create problems for me my family ,they have god links in police so we didn’t get any help from police as well
we have USA visa B1B2 we are planning to move to USA can help me for asylum ….
You are welcome to contact me once you are here (Jdzubow@DzubowLaw.com). This does not sound like a typical asylum case, however. Normally, a person cannot get asylum unless he faces persecution on account of race, religion, nationality, particular social group or political opinion. In your case, it sounds like a financial dispute, which generally does not qualify a person for asylum. In any case, the lawyer’s job is to see whether your case can qualify, and sometimes, after discussing the full story, the lawyer can help with this. Take care, Jason
hello jason, my name is fred from uganda. my cousin and i have been
suspected to be gay persons and this is not acceptable in our country.
our story has been in some local news papers and our lives are not
safe any more. we want to seek asylum now and avoid mob justice.
how can we helped
—
The situation you describe may be a basis for asylum. I think you emailed me and I responded. If you did not get my email, please let me know. Thank you, Jason
Hi jason My name is neI know you work with asylum cases but I figure you may help me my husband to be has a green card if have no legal documents still waiting for my assulym but seems l in keeping nothing is moving we plain to do our wedding the African way but with my assulym not moving on do you think he can sponsor me if we get married?
Thank you.
If your husband is a US citizen and you entered the US legally and applied for asylum, you are probably eligible to get your green card based on marriage. However, I do not know the details of your case, and you might not be eligible. You should talk to a lawyer to be sure. But in general, the fact that a person has filed for asylum has no effect on her eligibility for a marriage-based green card. Take care, Jason
Hi Jason:
I’m laughing alongside the lawyer who laughed at your fees.
Mine is more from relief. Not that your fees are easily affordable (to me), but it sure beats the $10,000.00 plus costs an attorney quoted my Sister to file her ‘Extraordinary Abilities’ petition.
Thank you.
God Bless.
Extraordinary ability is usually more expensive (for example, I charge between $5 and $7 thousand for those). But most lawyers who do primarily asylum – at least in my area – charge around what I am charging. Take care, Jason
Being a single mother is such a terrible stigma in my culture. I have been disowned by my parents and I suffer isolation in the community. I have been banned from receiving communion in my church. Me and my child are undergoing a lot of inhuman treatment, including threat to my son’s life. Can I apply for affirmative asylum based on these grounds?
It is not a normal basis for asylum, but potentially you could make a claim. My guess is that you would have a difficult time showing that you face “persecution” as that term is defined under law. Talk to a lawyer about the specifics of your case, and maybe you can get a better idea about the likelihood of success. Good luck, Jason
Hi Jason thank God I’m close to Washington Dc, that is where your firm id right? after going through this trend or post, I think I found what I wanted.
So I intend to file for asylum by next month and I would love to do it through your firm, I’m in maryland and I came into the states last month, this is not my first time in America but due to some serious issues I had back home because of my sexuality, I just needed to leave, now my question is how can i get to your firm, address or email, number I can call just anything to locate you. please I really need to start my asylum case now and talk to someone, i don’t know if i should drop my email or something… I will do it anyways, ____, I would be very grateful if i can contact your firm, thank you in advance and God bless
Please can you help me take off my email adress while you read my comment thanks.
I took your email out of the post, but I will email you. My email is JDzubow@DzubowLaw.com. Take care, Jason
Hi Jason,I’m thinking to look for new lawyer because my asylum case refer to the lawyer after 3 years of waiting. Please any estimate fees for that I went for consultation with couple of lawyers and each one charge diffidently so I’m stuck in the middle don’t know how much I should pay.
-Also, according your experience how I can deside if the new lawyer is experience or not, any question should I ask him before I hire him for my case to determine he is willing to fight for my case in court !!!!
– my second question, will I be able to restate my declaration I mean adding more details about my case or I have to stay with the exact old declaration. Please Any suggestion .
Need your help, thank you ….
We routinely re-write the declaration to make it more detailed, though generally, it must be consist with the old declaration (or we need to explain why we are changing it). I listed above some things a lawyer should do for his client. Ask whether the lawyer will do these things. You can ask to see examples of the lawyer’s work (though he/she cannot share client info, you can at least get some idea of the work the lawyer does). Prices vary, and as I say, the price has little to do with quality. Good luck, Jason
Thank you Jason ,
Could you tell me exactly where I can find a think that lawyer should do for his client.
Thanks
Aside from what I wrote above, I can’t tell you much more. You need to file a lawyer who you trust and who you are comfortable using. There is not much I can tell you other than that. Take care, Jason
Hi Jason
I don’t know if its OK that everyone in this website share their experience with their lawyers (good or bad) and mentioning lawyers name and contact information so this could be a good reference for asylum seeker to help them choose the right one and Jason what you think about website like AVVO that review lawyers, do you think that people could trust the reviews in this website or its just a scam?
I don’t make referrals on my website (except to myself, I suppose), as it seems like an easy way to get myself into trouble (what if the attorney screws up? Am I to blame?). As for Avvo, to get a high rating there, attorneys talk to their friends (other attorneys) and gather endorsements. Essentially, if you are good at self-promoting, you can get a high rating on Avvo. It does have info on attorneys who have been disciplined, which is helpful, but otherwise, I am not a fan (and you can get discipline info if you search the state bar association webpage). For me, the best way to find an asylum lawyer is to contact a local non-profit (like Catholic Charities) and ask for recommendations. Attorneys who are involved with the local non-profits tend to be more interested in helping than in making money. I do have a vague plan to write a blog post about this when I have time. Take care, Jason
Hi Jason
Its a good idea if you could write about these charities, and I think that the best solution for all asylum seeker regarding lawyers is that if we could clone Jason 49 times so we could have 50 Jasons ( Jason in each state) so we don’t have to worry finding the right one.
Thanks – I have been thinking about a way to provide more resources to direct people to the various charities. The difficulty is that there is no easy to way to provide links to all these groups, as there are too many. Anyway, I will likely get to that at some point. Take care, Jason
Hello ,
I will like to know if i could apply for asylum with my case. I am a victim of fgm when i was six years old when the procedure was carried out on me and the procedure was terrible . presently i also have a daughter of about three years here in the US. I am afraid if we return to my country so that she would not also be victim . Although the practice was officially banned in my country last year but some families still carry out the procedure since it is believed to be culture things . it is still practiced in my husband’s family. I will like to know if i have a strong case . Please advice
You can apply based on your own FGM and the fear that your daughter might be subject to FGM. Whether the case is strong or now depends on many factors, and you would need to talk to a lawyer about the specifics. Take care, Jason
hi, am from Ghana Africa and planning to apply for LGBT asylum, the law criminalizes us with jail time and now then you hear of gays being lured, ambushed and beaten terribly which scares most of us and keep us in hiding about sexuality, the law also never prosecutes attackers and I have personally had issues with my family based on sexuality which I got physically and emotionally abused for months and have been rejected and neglected… also I tested Hiv positive and am lying to my doctor about how I got it bcos i couldnt let him find out my sexuality, too risky for me.. so am basically lying to him about my lifestyle to get treatment as a heterosexual, which I heard is not advisable bcos it a life threatening disease n i should be very open in getting the appropriate treatment.. but am scared to do that here… so can I qualify for asylum and do i apply straightaway at the port of entry please.. thsnks
It is better if you can enter the US and then apply for asylum once you are here (called affirmative asylum). If you apply at the border or airport, you could be detained and the case can be more difficult. It sounds like you may have a good case based on sexual orientation and HIV status. Good luck, Jason
thanks so much Jason
but please could i still be detained at the airport on a valid tourist visa?
If the customs officers think you are planning to violate your tourist visa, they can detain you. Generally, that does not happen, but it can. Take care, Jason
hello jason.
i would like to thank for your important information.It Is really helpful.my question,i applied asylum in 2015 September.And i have got EAD card also at April 2 2016.I have little confusion about my case location.I filled asylum from millville new jersey.and i did fingerprint in USCIS Philadelphia.i don’t know where the my case is running.What is possibilities of interview.and can asylum applicant can go outside of united states except asylist home country?
To know where your interview will be, check the link at right called Asylum Office Locator. My guess is that your case is in Newark, NJ (the office is actually in Lyndhurst, NJ). If you have a “humanitarian” reason to travel to a third country, you can apply for Advance Parole using form I-131, available at http://www.uscis.gov. Take care, Jason
Hi Jason, First I would like to thank your effort for such a help.
I have a question regarding status change.
1. I have applied asylum and still pending. In the mean time I am planning to marry a girl with green card holder, so is it possible to change my status out of asylum? or still waiting for an interview?
Thanks!
If you entered the US legally, are not otherwise barred, and she is a US citizen, you should be able to get a green card based on the marriage. Once you have the card, you can cancel the asylum case. I do recommend you talk to an attorney to be sure there are not issues. Take care, Jason
Thank you Jason,
I entered legally, But she is a green card holder rather she isn’t a citizen yet.
Can I go a head or wait until she become a US citizen?
Thanks in advance
Maybe – especially since asylum is so slow. I would talk to a lawyer about your specific case in order to be safe. Take care, Jason
Thanks so much Jason!!
My husband is an asylum applicant, I’m on his application. We are currently do not live at the same address. We just received a letter for each of us to go to IL USCIS office(his address) for biometrics. I live in another state but I will go for biometrics to IL. How can change my address for USCIS if I’m not an applicant on the case? I don’t mind going to IL for fingerprints but I just don’t want give USCIS a reason to think I’m hiding my real address.
thanks
If you want, you can try to go to a local office (Google “USCIS application support center” for a list of offices). They should accept your fingerprint notice even if it is for IL. I am not sure how to give them your address without causing major confusion. Maybe write them and email and see if they advise you – you can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I really appreciate your kind help.
I have a question regarding the venue change. I filled my assylum case in Houston in 2011. Since then, my hearing date was changed three times. Now my hearing date is in 2019. I am working in New Jersey now. I want to change venue to Newark. I have also health problem. Could you please tell me, how is the chance to get early hearing date in Newark?
It sounds like your case is in court. I do not know much about the court in Newark (though I did work there in the late 1990s). You can always file a motion with the Judge to advance your court date. If you give the Judge evidence of your health problems (like a doctor’s not), the Judge might be willing to give you a sooner court date (if one is available). Take care, Jason
I have filed Asylum in July 2015. Had two Master Hearings in NY already. EAD is also filed. I was placed in Removal Proceedings at JFK where i asked for Asylum straightaway. DHS placed me and my family in Removal Proceedings. Need an attorney to represent me hereon. Want to know the charges that may incur on the case now? please
I am in Washington, DC. I think you should find a lawyer in NY, since they are more familiar with the court and it will be more expensive for me to travel up to NYC. Good luck, Jason
Hi jason, I’m going to apply for an advance parole so I can travel and see my family, do I need a documents ex( my family’s visa to the third country) or more ??
You need to show a “humanitarian” reason for the travel. So if your family member is sick, a letter from the doctor would help. Evidence that you will meet in a third country also seems helpful. There is no formula for this, you just have to convince USCIS to issue the Advance Parole. Good luck, Jason
Hey Jason,A friend of mine,applied for asylum DEc 2015, in LA, requested an expedition in a letter without documentation ,got an interview a week later(Jan 2016)!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Furthermore ,he got the answer 2 weeks later!! Could this happen in real life!!! getting an interview in 2 weeks! Do they even accept expediting requests anymore…Frustrated here
Anything is possible, but I would like to see the documents before I believe this story – it seems much too fast. If he is under 21 years old, he falls into a category that automatically goes faster, so that might explain things, though even then, it seems too fast. Take care, Jason
What is this thing about falling under a category for being under 21?
Unaccompanied minors (under 21 years old without a parent) have their cases processed more quickly than other applicants. Take care, Jason
Jason I was 20 when I filed in feb 2014 in Miami , how come I didn’t get Scheduled yet !!!!!!!! , do you think I should send a letter ?! I have been waiting for 25 months :S
I do not know – our clients under 21 have received interviews very quickly. You can send them an email and ask. The email address can be found if you follow the link at right called Asylum Office Locator. If you get an answer, please let us know. Thank you, Jason
hey jason the children has to be under 18 for asylum https://www.uscis.gov/humanitarian/refugees-asylum/asylum/asylum-procedures-minor-children
Sorry – You are right. To be considered an unaccompanied minor, you must be under 18. The cutoff for being included as a dependent on a parent’s application is 21. Take care, Jason
Hi Jason I’m pending asylum since 2013, I want to tell you about something weird happened to me after I received my new employment authorization card after that I found to change in my status, and I read that there are notice regarding to my application i-765 was sent to me but the post returned to the uscis because it couldn’t reach to me.
my question here what is this notice contain. and why they sent it after I received my new card can you help me
No idea – it could be a mistake. If you have the EAD, I guess there is nothing to worry about. If you are really curious, you can always call USCIS – their number is on the website http://www.uscis.gov. Take care, Jason
Hello Jason, my asylum case has been pending since Aug 2013. Im from nepal and i have applied TPS and Travel documents Dec 2015. After a month my travel documents was approved but TPS still processing. Here my question how long takes for TPS and can I go out of US without TPS? If i cant go without TPS, can i extension Travel documents time period?
Thank You for your help
If you have advance parole, you should be able to leave the US and return. However, you may run into problems depending on your specific situation, and you would do well to consult a lawyer before you leave. I do not know how long it takes TPS to be approved – we’ve seen people get it in less than 6 months; others took over a year, but the Nepali cases I have done have been closer to 6 months. I do not think you can extend advance parole – I think you would need to apply for it anew. Take care, Jason
Thank You I appreciated.
Hi Jason,
I really appreciate your kind help.
I have a question regarding the impact of address change.
I am in a pending case in Arlington since February 2015.
So, if I change to other state does my Asylum application will be keep in the line that had in Arlington?
Or I am considered as a recent applicant and my Que start as of the date I changed my address?.
thanks again
Even if you move to a different asylum office, it should not affect your place in the queue (at least according to USCIS). If you need to know whether moving will cause your case to switch to a different asylum office, you can check the link at right called Asylum Office Locator. Take care, Jason
Thanks for your helpfull articles…
And I have a question based on what is the diffrence between asylum interview of a minor unaccompanied child and other over 18 years old people?
And will they give the decision more quicker while applicant is unaccompanied child?
Thanks
A minor child applies when he is under 18 and he is not here with his parents. Such cases go much faster than people over 18. Take care, Jason
Two other very significant differences are that unaccompanied minors do not have a 1 year filing deadline and they are allowed to file their cases affirmatively with USCIS even if they are in removal (deportation).
Quite true – Thank you, Jason
Hi.My EAD will expire on august 17 and prior 120 days will complete on April 17.But now a days authorites do late to issue renewal of EAD.My Question is that may i apply for renewal now .it will be 150 days before expiry of EAD Card.
I think if you file to renew it more than 120 days before it expires, USCIS will reject the application, so I would wait until April 17. Take care, Jason
hi Jason Dzubow
i just want to ask you this please help me
i transferred my asylum case from NY to VA
i didn’t know that ill lose the EAD as they have denied me the EAD after the 150 days last year i was told to contact the asylum office in Arlington
and ask them to rest the clock so i send them and email asking that
they told me that they cant do that restart the clock this how it came.
clock will stop and will not restart again until you have had your asylum interview. We apologize for any inconvenience this has caused.
what should i do, do i need to go there and ask them ?
please help me thank you
I think you should go there and ask them (you can only go on Wednesday mornings). The clock should not stop if you move, at least according to what the Asylum Office leadership told us at the Quarterly Stakeholder meeting in December 2015. If the person at the window will not help you, ask to speak to a supervisor. Good luck, Jason
Jason, what is going to be with asylum system in the feature? There are 130 000 applications stuck in the system and this number is going to be only bigger. What is US can do about it? No longer take other applications? It is not possible. Take more time to process? It is taking now around 4 years in some places just for interview – government takes time from people who already suffered terrible things in life, government should help them, not make their life harder. It is bad for government and society in general. I am so disappointed with this not smart things. The question: how to solve this problem and how do you think US will actually solve it?
I’ve made some suggestions over the years in this blog, but I agree with you that the system is a mess. They have hired new officers and I do expect things will start to move more quickly, but I’ve been saying that for over a year now. I am not sure how long I can remain optimistic. The best hope is that fewer people enter the system. If they can get a break, maybe they can make some progress on all these old cases. Take care, Jason
The Chicago office is finally moving!!! That sad moment when such small progress made my day haha.
You and me both…
Hi Jason,
My name is Kelsang and i am a tibetan ashylum seeker.I got my work permit before 8 months and waiting for my first interview date.It has been many months that i have been waiting for the date.I did everything by myself because i cannot afford to pay to the attorney.My question is do i have to wait for the interview date or its better if i hire one attorney and could get my date early.Is that possible? thanks and regard
An attorney will not cause your case to be interviewed sooner. Everyone is in the same line and you can see wait times if you follow the link at right called Asylum Office Scheduling Bulletin. You (or a lawyer) can ask to expedite the case if there is some type of emergency, and this may (or may not) make things faster. Good luck, Jason
Hi Jason,
I am planning to apply in seattle which I guess is covered by a circuit ride from San Francisco.
My question here is about the success rate and waiting times that your team has published earlier based on the USCIS report.
Does the figure include cicuit ride covered areas too? Or it just fowhat is the fact about circuit ride covered areas?How often do they send immigration officers to this areas?
Thanks
I know that the Seattle office is at least 3 or 4 months slower than SF, and it may be more than that. That information is not published on the website. Also, I do not know whether the success rates include info from the sub-offices, but my guess is that it is pretty much the same, as the same officers are doing the interviews. Take care, Jason
Thank you Jason.
Is there any way that I can schedule the interview to be conducted by the SF office because I am willing to go there rather than waiting for them to send their officers to seattle.
I am not sure if the office I the one to decide where I should be interviewed Base on my residence.
Thanks again
I think you have no choice – they schedule you based on where you live. I suppose it does not hurt to email them and ask them – you can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey its was really nice to read your blog, i have a situation as well, am from Uganda and one day in 2011 i was taken by JATT suspected to be a reble and i was beaten and kept under a room from 2011 may to 2012 feb, in feb i was taken to court and they wanted me to tell them where my father was but didn’t know and the judge sent me to life in prison. but i was helped by a man who brought me to europe o study and after i have been a sex slave, druged, been drove in the trunk of the car and i just escaped these people have caused a lot pain. killed my roommate and my mum. i want to seek asylum but but i know they are still looking for me, am thinking of taking a bus from this country to another and seek asylum there, will that help me or what can i do?
It sounds like you have other problems aside from the fear of persecution. I think you need to talk to a lawyer to get some advice on your specific situation. Take care, Jason
Hi.i came from india 4 years ago on F.1 student visa and did Msc in u.s.a. one and half year ago i did marriage with an indian student girl who got F.1 visa also.latter on i changed my visa to F.2 visa on my wife dependant.unfortunately i became gay after marriage so my wife left me some weeks ago and she is filing divorse case.Her relatives and also my relatives knew that i am gay.so they are angry on me and if i go back,they will kill me.
so i want to file Asylum case.Plz guide me that may i file asylum case on Gay basis?my application will be endorsed?and after 5 months may i will be able to apply EAD card?
You don’t just “become” gay. That’s one. Two, your application for asylum will be barred because you’ve been in the US for more than one year.
You can file if you fear harm because you are gay, and 5 months after you file, you can apply for the EAD (which takes another 3 or 4 months to get the card). Your case seems to have an issue that you must address – under the asylum law, if you can live safely anywhere in India, you cannot get asylum. You will need to prove that the relatives will be able to find you and harm you wherever you live in India. Also, that the government will not protect you. Take care, Jason
you don’t just become gay overnight…. geeezz!! more especially after marriage… something is not right here dude!!
HI Jason,thanks for your helps.I did my interview years a go .This days I’m qualified to applying for green card.My question (I’m still single and looking for wife ) any different between apply with girl or with out.., I mean when I apply for visa to her. I need your advise applying or wait until get married.
thanks for your time.
mohsal
I am not sure I understand, but if you have asylum, you can apply for the green card after one year. It does not matter whether you are married or not. Once you have a green card, you can sponsor your wife, but it takes over a year. While you have asylum, you cannot sponsor your wife (unless you were married at the time you won asylum). Take care, Jason
A client should also make sure that they know what incidental fees and expenses they are going to be charged for. Will they have to pay copying expenses, and how much? Those can be quite high if a lot of supporting evidence is being filed, and copying charges can vary from as low as 8 cents a page to 50 cents or even higher. Will a separate fee be charged for the EAD or any necessary advance parole, and how much? I’ve even heard of some lawyers charging additional fees over and above their flat rate to appear at an asylum interview, which in my opinion is unprofessional. A client who thinks they’re getting a good deal on a flat fee may pay substantially more on the back end of the deal.
I agree – The contract should spell out what services will be provided for the flat fee, and what additional costs might be imposed. Thank you for the comment, Jason
Thank you Jason, for the useful information, My lawyer is not helpful at all, he delayed my EAD renewal for a month, because he’s always ” BUSY” .I called him couple days before he should file the EAD renewal application, then he said he will, and he delayed, and finally he did filed, but with incorrect fee. Then the reject letter went to my address one month later. So I called him to fix that, and he delayed another 1 week then refiled. And because of this delay, I may lose my job at the end of the month, because my employer already send me message that they need new EAD. After this, I kind get an idea, he is not really helpful and doesn’t care either. I am really worried about if the same issue would happen in the future EAD renewal, or even my case. So I was wondering if next year, I could file my EAD renewal myself? How can I do it? Thank you! And keep the good work!
You can file the EAD renewal yourself using form I-765, available at http://www.uscis.gov. USCIS is improving the EAD renewal process – I wrote about it a few weeks ago, so maybe that will make it easier. Hopefully, the lawyer is more careful with your asylum case than with your EAD renewal. If you are not confident he is actually helping you, you might want to look for a new lawyer. Take care, Jason
Thank you very much Jason, I really appreciate that,I do want to change lawyer, but I think it’s gonna be very complicated. So what’s the chance he could mess up my asylum case? Is there any further action needed from my lawyer if I receive my asylum interview information in the future?
Assuming all the documents are submitted, your lawyer still needs to practice with you for the interview and explain what will happen at the interview. This is very important, and if the lawyer does not do it, he is not doing his job. Take care, Jason
Thank you so much Jason!
I noticed something in most of your blogs which I could not decipher. Out of curiousty, why do you always refer to the third person as a female? Or is it like a s/he kind of thing?
I try to alternate by using he and she, not just he. I suppose it is my feeble attempt to bring down the patriarchy. I’ll let you know if it works. Take care, Jason
That’s fascinating, I take it there’s no legal aid available there? Are asylum seekers allowed to work? In Ireland, they can’t work and virtually all of them are eligible for legal aid. Most of my cases are assigned to me under the legal aid private practitioner scheme. Your lawyer friend would REALLY laugh if she heard how much we were paid for these.
There are NGOs and pro bono attorneys, but there are no government benefits for most asylum seekers, and no assigned attorneys. Also, they can get a work permit, but generally not until 8 or 9 months after they submit their applications. I have no doubt that you are not getting rich from your work. But at least you have good Guinness beer over there to drown your troubles. Take care, Jason
$3,000 per asylum case? My God, you’ve certainly proven you don’t care about the money side of practicing law with fees like that. Although, I will say, I remember looking up a NY or NJ lawyer (if I remember correctly) that was charging a flat fee of $1,500 for asylum cases. Can you imagine? $1,500! Here in L.A., the average is about twice the amount, and that may be the lower average range. I never thought of asylum law as a high volume practice like, say, debt collection or filing bankruptcies. Law school might have trained us on how to think like a lawyer, but it neglected the aspect of being a small business owner (which is the majority of lawyers).
That is exactly the problem – if some lawyers are charging $1,500, it is difficult to charge $5,000, which would be a fairer fee. Clients usually do not know the difference between an attorney who tries to help them, and an attorney who tries to scam them, and we are competing against both types of lawyers. Anyway, I make a decent living, but certainly, I would like to reduce my workload. One day maybe I will jack up the fees and start to take it easy. Take care, Jason
I wish that I knew about your firm before hiring my attorney.
I am a client of your firm now, and I should tell you that I am surprised with the prices that you provide in your article.
your fees is much lower compare to what I paid for my former attorney.
My attorney was hard to reach, did not helped me write my statement I doubt that she read it. what she did is filing form i-589 and that’s it. all the documents and articles that included in my case are not related or weak.
I hired your firm after I received NOID (notice of intent to deny) and your firm did an amazing job to fix the situation and the poor job that had been done with my previous attorney.
I am sorry to say that every attorney I dealt with (except your firm) was more into the money than anything else,I am not saying that they should not care about the money but what I am saying is that they should care about providing services in return to the money that we pay.
Most attorneys are taking clients more than they can handle and they end up not returning their calls.
I swear that all the job that done on my case was by the paralegal.
I want to thank Todd who helped me file the rebuttal in my asylum case
Thanks Jason and God bless you and bless everyone working in your firm.
Thank you – It is very nice of you to say. Take care, Jason
Hi Jason
How much you take if I get NOID like the above person. I think it should be less than 3000$.
What do you think Jason?
Different lawyers charge differently for NOIDs. For us, it depends on how difficult it is, and how much time we have to respond, but yes, it is probably less than $3000 for sure. Take care, Jason