If you’re reading this blog, you’re probably already familiar with the form I-589, Application for Asylum and Withholding of Removal. Whether your case is in Immigration Court or the Asylum Office, this is the form that you use to apply for asylum, withholding of removal under INA § 241(b)(3), and relief under the United Nations Convention Against Torture.
At the beginning of the asylum interview or the court case, the applicant has an opportunity to make corrections to the I-589. It’s not a problem to make corrections, and generally, correcting errors on the original form does not reduce the likelihood that the application will be granted. In the worst case, the applicant will need to explain the mistake(s), but even this is fairly rare.
You might think that the most important questions on the I-589 are the ones on page 5 related to why you need asylum. It makes sense, since that is the whole point of the form. But, au contraire, in asylum world, things that make sense are rarely the correct answer. The questions about asylum are generally easy to answer on the form, and you have ample opportunity to elaborate on your answer in an affidavit or at the interview.
So what is the most important question on the form? It’s the question that appears on page 1, near the very beginning of the form, in Part A.I., question 6: “What other names have you used (include maiden name and aliases)?” What’s so important about this question, you ask. I will endeavor to explain. But first, a bit of background.
Every asylum applicant must undergo a background check. The check is a bit of a mystery, but it involves a biometrics check and a name check. The background check also involves multiple data bases, and it can be quite time consuming–some people wait years for the completion of their checks. Theoretically–and hopefully–the background check will be completed before the interview or the court case. That way, the applicant can receive a decision shortly after being interviewed. If the check is not complete, or if new information arises at the interview and the check must be augmented, the case will be delayed–possibly for a very long time.
In my office, for example, we have dozens of clients who have been interviewed, but are still waiting for decisions in their cases. Some have been waiting for weeks or months; the longest delayed applicants have been waiting over two years! Most of these delays seem to be because the security background checks are not complete. For people who are single, or whose spouse and children are with them in the United States, the wait may be tolerable (stressful and unpleasant, but tolerable). For people who are separated from their spouse and children, the wait is horrific. How can a mother or father be apart from small children for months or years? Yet this is what many applicants are enduring today.
Which brings us back to the question about “other names used.” If you fail to include every name you have used in your life, the Asylum Office may have to start the security background check all over again for any names that you add to the form during your asylum interview or your court case. So while it is not a problem to correct this question, adding a new name to the form could cause months (or more) of delay. For this reason, it is important to include any and all names you have used when you first submit the form.
Your name on the I-589 (Part A.I., questions 3, 4, and 5) is generally your name as it appears on your passport. So what “other names” should be listed on the form? You should include the name on your U.S. visa, including the notorious “FNU” or “first name unknown,” which often appears on US visas for people who have only one name. If you have a maiden name, include that. Also, list any different spellings of your name that you (or others) have used. If you have nicknames, pseudonyms or aliases, list those too. Of course, if you have ever changed your name, list all previous names you have used. If you ever list your name as “son of” or “daughter of,” include that. Finally, different countries and cultures have different naming conventions. Sometimes, a person’s name is the given name, followed by the father and grandfather’s name, or a tribal name. You should list all iterations of your name.
It is important to answer all questions on the I-589 form as completely and as accurately as possible. But the question about “other names used” is particularly important. If you forget to include all the names you have used, it could cause additional long delays in your case. To paraphrase the immortal Dr. Seuss, “Be your name Buxbaum or Bixby or Bray, or Mordecai Ali Van Allen O’Shea, make sure to include all your names on the I-589 form. Then you’ll be off to great places. So, get on your way!”
Hello. I have filed a form I-589 with a help of attorney at the end on May 2018. I still did not receive any receipt number. My attorney says that they have received back application with a request to submit it with a new form. They did so on August 31st. It has been 14 days already and still no news about receipt number.
My I-94 form shows legal presence till October 13th, 2018.
Is there a way to know when I will get a receipt number? Attorney keep saying that we should receive it anytime soon.
It usually takes about 3 or 4 weeks. However, it sounds like there was a mistake on the application and so USCIS returned it (they do this sometimes, even for very small mistakes; it is very annoying). If the case was re-sent on August 31, you should have the receipt in another week or two (unless there is another mistake on the application and they return it again). Take care, Jason
Thank you for prompt respond.
But if I will not get it before October 13th, when my I-94 expires, what status I will have here?
For EAD I will be able to apply after 150 days from the date stated on the Receipt number or date of application?
You will be out of status and you will start to accrue unlawful presence. I wrote about these issues on August 28, 2018. For the EAD, you have to wait until 150 days after the date listed on your receipt. Take care, Jason
Dear Mr. Jason, I applied for assylum in a seprate form from my family because I am 23 years old. My parents applied too and they incuded my younger brothers in their application. Our both applications are still pending, no one get interviewed yet.
Now I am thinking of withdrawing my application because I am thinking of moving to Canada. My question is, if I withraw my application, will my parent’s case be affected?
Thank you
I doubt your parents’ case would be affected if you withdrew your own case and moved to Canada. If you returned to your home country, that might be an issue for your parents, but Canada should be fine. Before you try that, talk to a lawyer in Canada to make sure it is possible, as we have seen people try to go from the US to Canada, only to be turned back from Canada and then detained in the US. Take care, Jason
Hello my wife and I are applying for asylum but she doesn’t know whether to include her daughter name in the application. She had the kid before I met her, the child is not here in the United States, she is with her mom in our country
The principal applicant is required to list all their children (and I would list all step children too). It does not matter if the child is in the US or overseas, or whether the applicant intends to bring the child here some day. Take care, Jason
Hi Jason,thanks for your help so far!
I mentioned the last time that my lawyer said she wrote to USICS to enquire about my case.
Anyway, I received a letter through my lawyer last week from US Dept. of Homeland security, California starting that the processing of my form I589 is within their current processing time.
But am curious because the letter was sent to my lawyer and both the receipt number and A number on the letter is slightly different from what I have on the acknowledgement receipt of my application which was also given to me by my lawyer.
And also, the receipt is from US Dept. of Homeland security Houston ,am curious why the letter is coming from California.
Really, I don’t know what else to think.
Have tried to check the status of my application on the website but it says my number is invalid.
I will be glad if I can oblige me send a mail directly to or even a call.
Thank you Jason. Appreciate your help!!
Something seems strange. First of all, there is no “processing time” for an I-589. Second, the number should match exactly. It is true that you cannot check a pending asylum case on-line, however. If you need a consult, you can email me, but you may be better off with a local attorney. My email is jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason, trust you’re doing good!!
Thanks for your help so far!!
Like I mentioned in my previous texts earlier, have applied for 1-589 since December 2017 and till now, have not receive biometrics notice and all attempts to know the status of my application have proven abotive!
In my quest, I schedule for an infopass appointment for next week without my attorney’s knowledge.
Do you advise I inform the attorney about the infopass and do I have to be at the infopass section with my attorney?
Secondly can you advise want is expected of me at the infopass section!
Appreciate your help immensely!!
Esther!
I do think you should tell the lawyer, but I do not think it makes much difference, and I do not think the info pass will help. Your case is with the Asylum Office, and the USCIS office that does Info Pass appointments is a different place. That said, you never know, and so if they actually are able to help you, let us know, as that will help others. I think you need to contact the local asylum office that has your case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). You should have received a biometric appointment by now. However, not all cases are interviewed, and this seems random (they simply do not have the capacity to interview all cases). You can try to expedite your case – I wrote about that on March 30, 2017. Otherwise, I think there is not much to do. Take care, Jason
Hi Jason, trust you’re good.
I was at the infopass office and didn’t get help because according to the officer, my receipt number does not match the name in the system. In other words, the name to my receipt number is not my name.
This is a huge concern , so I called the USICS Houston office and got the same response.
I expressed this to my attorney and rather than feel concern ,she threatens I pay up her balance ortherwise face the consequences.
I applied for i- 589 since Dec. 2017 and no biometrics appointment till date.
I applied for EAD in August and got a receipt of acknowledgement through my attorney.
I inquired about the EAD from the USICS officer and I got the same response, that the number on my receipt has a different name in their system.
Am more disturbed and trouble now, and my attorney is not helping.
I need your advise more than ever Jason.
Thanks and regards.
Esther!!
I am not sure what the problem is. You may want to contact the asylum office directly (or go in person) to ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, if the EAD is processing, you can just wait to see whether you get that. If it is delayed, you would need to take action (contact USCIS, inquire with the USCIS Ombudsman); but if it arrives, it may be that everything is fine. In a situation like this, sometimes it is better to see how things go, assuming there are no major delays, than try to get USCIS to “fix” something that may not need fixing. Take care, Jason
Thanks Jason for your timely response!!
I knew something is not right here too.
I don’t want to insinuate anything now.
Will be glad to email you .
Thank you so much.
God bless you!!
Hi Jason, trust you’re doing great!
Kindly check your box, I sent you an email last weekend!
Thanks and regards!!
We are very back-up, but if you sent it, I will get to it soon. Take care, Jason
Hi Jason, thanks for your help.
I really hope and pray there’s no problem with my application, after almost one year!!
Will see how it goes with the EAD.
Will update you any new developments.
Thanks always and my best regards!!
Hi Jason, trust you’re doing good!!
My attorney confirmed to me on Monday that she discovered the assylum office had issued someone’s else A number and receipt number to me.
She claimed the error is from the Asylum office!
I don’t know if this is possible.
Both receipt of the i -589 application and the receipt for the EAD were given to me by my attorney, I did not receive any documents directly from USICS.
I filled December last year!
All attempts to get information from USICS has proven abortive.
Have made several calls , and the response is that I send a mail which I did and still waiting for the reply of the mail.
Jason, please kindly advice what I can do .
I would not mind if you can take up my case or refer me to Lawyer. I am Dallas TX!
God bless you Jason!!
You can file a Freedom of Information Act request, form G-639, available at http://www.uscis.gov, to get a copy of your file, assuming it was ever received. It is free, so it is probably worth a try, though it will take a few months. Also, you might go in person to the local asylum office to try to talk to them (ask to talk to a supervisor). You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Check the office hours before you go, and maybe email them first, as you might get info that way. If you do not trust the lawyer, you should find a new lawyer, but you are probably better off with someone local. Take care, Jason
Hi Jason, thanks for your help so far!
I called the asyum office as you advised.
They could not tell me the status of my application , the person I spoke with said she can’t access it because my application ( the number starts with ZHN) is a special one. I honestly don’t understand what means.
She advised I write a letter to the asylum office in Houston to inquire about my application.
Please can you explain what the ZHN means?
My application was submitted since December 2017 and I received an acknowledgement receipt through my attorney on dated 12/26/12. ( I probably didn’t receive the receipt because I changed address and did not notify my lawyer immediately to effect a change of address)
I have not receive a biometrics notice till date.
My lawyer said she wrote a letter to inquiry 2 months ago and no response till date.
Do you advise I write a letter myself to the Asylum office?
Appreciate your help and thank you!
I meant the number on my acknowledgent receipt starts with ZHN and not my application..
ZHN is just the designation for the Houston Asylum Office – every case from that office starts with ZHN on the receipt number (as opposed to the Alien number, which is something else). If the lawyer wrote a letter, that should be enough, but since it did not work, maybe you or there lawyer can write another letter (tell the lawyer if you do that), or you can try going in person and see whether that might work better. Normally, the biometric notice should go to you and the lawyer, so maybe it was never sent. Take care, Jason
Thanks Jason for your timely response!!
Hi , I applied for asylum more than one year after entering USA , do you know any cases that has been like this and what are the chances to be granted for asyulum , because I know there is a one year rule policy but do you think this will affect anything on my case , my lawyer told me that is fixable but i wanted to know different opinions too , please let me know if u know anything , Thank you .
I wrote about this issue on January 18, 2017. I have done many cases like that. Whether we can overcome the one-year bar depends on the facts of the case and who is making the decision. Take care, Jason
hello, my mom recently got a notice for her biometrics for form i-589. i have a few questions.
1st. Is this for her emplyment authorization document?
2nd. Did she get approved for asylee?
3rd. If she did get approved, can she obtain a green card in the future
Thank you so much
1 – You have to apply for the EAD separately from asylum. If the case is not decided, you can normally apply for the EAD 150 days after the case was filed. 2 – Only if she had the interview and got an approval letter. 3 – If she wins asylum, she can apply for the GC one year after the asylum was approved. Take care, Jason
Hello Sir,
I went recently to master hearing and the court gave my date fo hearing in 2021
I would like to marry a green card holder, does it helps me!
“She just got her green card few month ago.
Right now I am out of status still awaiting my hearing
I entered the country legally as a visitor 4 years ago.
It could help you – if she becomes a US citizen, you can probably get your GC trough the marriage. If she is not a US citizen, potentially, you could leave the US and get the GC based on the marriage. Obviously, it is better if you can delay the case until she is a US citizen, but that may not be possible. Talk to a lawyer about the specifics of the case to see what you can do. Take care, Jason
Hello, Jason! My husband is having his individual hearing for his withholding of removal. I’m a green card holder, eligible to apply for citizenship next summer. His attorney says there’s almost no chance at all to winning it. He is suggesting to take a voluntary deportation and filing i130 while he is outside of the country. That is the most hideous thing I can imagine. He said we can still appeal the decision but there’s no way to avoid him leaving the country if we want to proceed with I 130. We leave in Ohio, he is from former Soviet country. He has no criminal records, I’m currently a student. What can we do? Thank you
I would talk to another lawyer to go over the specifics and get a second opinion, as this seems strange to me. As long as he entered the US legally with a visa, and if you are a US citizen, you should be able to sponsor him. Since you only have a GC, he would need to leave the US to get his GC overseas, but maybe there is a way to cause delay in the case to allow you time to become a US citizen. Your lawyer knows the case, so it may be that I do not have all the facts and that he is correct, but something just does not seem right here, and it is probably worthwhile to talk to a second lawyer. Leaving the US can be a real mess. Also, if you are legally married, you can file the I-130 now. You do not need to wait to be a US citizen or wait for him to leave the US. The I-130 can be approved now, but he will probably not be able to get his GC unless he entered lawfully and you become a US citizen, or if he leave the US (which again, can be a real mess and may be impossible, depending on the case). So if the lawyer said you cannot file the I-130, that is simply wrong, and it also makes me suspicious of the other advice. Take care, Jason
Thank you so much, we are seeing another lawyer. I gave you wrong information though. His attorney said we can file i130 now. But he did say there’s no avoiding leaving the country and waiting from overseas regardless me being a GC holder or a citizen. Will appealing court decision (if he loses his case) give us more time? Thank you very much.
If he entered legally, he may not have to leave the US, but that normally only works if you are a U.S. citizen (and there are exceptions, so you would need to trust your lawyer on that or talk to a different lawyer). Appealing will give him more time, but it may not be enough time for you to become a US citizen. Take care, Jason
Thank you!
I applied for asylum in 1-15 i had a court on 11-16 and gor rescheduled for 11-19 I had sent my EAC but they are asking for proof of asylum application my Lawyer had sent all but they still asking for the application or proof that the court still pending. My lawyer passed away teo weeks ago the same day I received the letter from immigration i got my file but I cant find the asylum aplicacion with the stamp of been received. But I did went to do my finger prints when the application was sent. What can i do I have until June 10-18.
If it is not in the file, you can contact the court directly to ask, and you should be able to go there and get a copy of the filed I-589 and the notice of your next court hearing. You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason
Thank you so Munch we are on it now. Very helpful.
Good evening, I am so happy to find the form. I applied for asylum with my husband after giving birth in the US and currently with another pregnancy (still within one yr) My application was returned to my attorney with a question that how many hours did we spend in Morocco during our flight transit.( We actually had a stopover of 12hrs in Casablanca airport . We we’re just in the airport during the period)
Pls what effect can this have on our application?
If that is the reason the application was returned, it is ridiculous. That is not a basis to return a case. But I would not be surprised – USCIS is doing everything it can to through obstacles in the way of asylum seekers, and we will have to watch to see whether this obstacle becomes a pattern. That said, the returned application should have no effect on the case, other than causing some delay and much annoyance. Take care, Jason
Hello Mr Jonson.
Please I have a question. My brother came in USA as visitor B1 viza. He applied for asylum status and he got a letter Notice of Intent to Deny and he submitted more documents he received final denied .He has already status of visa for 3 years but the DHS gave to him permission to stay 6 months. Please my question is/ he can apply again for Asylum status before July 10 (6 months date). If yes which form he has to file and where to send. Please gave me more explanation.
Many thanks in advance.
Dora
He can re-apply. If he does that towards the end of the 6 month period, and he loses again (which he probably will since he lost the first time), they will send his case to court. The procedure for a second application is different than a first application – check the instructions to the form I-589, available at http://www.uscis.gov. Basically, he would apply at the local office, but check the instructions or contact the local asylum office to be sure. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you and I really appreciate your help
Hello Jason,
My name is Ganesh. I have applied for asylum in November 2017. At that time I was alone in US and my wife and son were in India. I have mentioned all details about them in form i589 (out of USA)
Now my wife and son have come to USA to stay with me. How do I inform the asylum office about this? Also can my wife apply for EAD and SSN?
Thanks in advance
Ganesh
Hopefully, you listed them on the form I-589. If so, you can add them to your case now. Contact the asylum office and they should tell you how to do that. You can find their contact info if you follow the link at right called Asylum Office Locator. Once they are added to the case, they can apply for an EAD and an SSN. Take care, Jason
Thank you Mr. Jason
Hi, I stumbled upon this forum and I have a very peculier problem. Me and my wife were granted asylum recently after background check and, as fare would have it, her name during the entire case processing, did not include the last name. And now that we have been grated asylum and we got the letter instructing us to update our status in social security office, we encountered this issue of name mismatch. Even tough she already has a social security number with right last name, the I94 that came with the asylum approval letter did not have her last name on it and the gentlan at the wondow declined to update her social security number status. We went back to the asylum office and they told us they cannot do anything about it since the case is done and closed as ‘granted asylum’. I have no idea how we are to proceed from here. This is a very distresisng issue for us Any advice would be highly appreciated.
Perhaps she can do a legal name change at the local state court (you can call the court clerk’s office to ask about this). Once the name is changed, maybe she can re-apply for a new EAD with the correct name and a new SS card. I am not sure whether this will work, but it is one idea. Maybe talk to a lawyer – perhaps they can contact the asylum office or USCIS and try to help with this issue. Take care, Jason
i have asylum pending case from feb 8 2017
now iam going to leave usa for emergency circumstances and i know it is wrong as much as return to my country but i have to do
my question is which better to send withdraw letter or leave without withdrawing ?
You can email the asylum office and ask about withdrawing. You can find their contact info if you follow the link at right called Asylum Office Locator. If you can withdraw, it may be somewhat easier to return to the US in the future if you ever want to do that. Take care, Jason
Hey Jason,
I have applied for asylum on 11/29/2017 and received an acknowledgement receipt too. I finished my bio metrics on 12/12/2017.
Hence calculating from 11/29/2017 (date mentioned on acknowledgement receipt), i have completed 150 days. I am trying to apply for EAD. Couple of questions in it is confusing, Need your help
1. Question no. 19 – CURRENT IMMIGRATION STATUS – What do I write here?
2. Question no. 10 – DO YOU WANT SSA TO ISSUE YOU A SOCIAL SECURITY CARD? When I am clicking on “Yes”, I am supposed to click yes for question no. 11 too (CONTENT OF DISCLOSUER), but i am not able to select the box. Don’t know why. Hence my question is – Is it compulsory to select a YES for questions 10 & 11 or I can apply for a Social Security Card after I get my EAD?
Please revert
Thanks in advance
Sree
Sorry, I cannot answer specific questions about forms, as I do not know your case. Most people these days do apply for the SSN when they apply for the EAD, as that is easier than getting the SSN afterwards. In general, if you want to check a box or enter some info on a USCIS form but cannot do so because the form does not allow it, you can print the form and then write the info in, or check the box, by hand. We have to do that frequently, as there are flaws with the forms. Take care, Jason
Thanks very much for your reply. Appreciate it.
Can you just tell me what to write in the “Current Immigration Status” coloumn please??
I wrote “Asylum Applicant”. Is this ok??
Thanks
Sree
We normally write the last status the person had (for example, B-2 expired), but I think as long as you state something truthful, you will be fine. Take care, Jason
Sure. Thanks a ton again
I had a question. I got released on bond on April 4th 2018 but I have to go to court on the 19th of April for my asylum application to the same detention center I was held will I need a lawyer or represent myself with the application filled…
Most detention centers do not hear non-detained cases, and so it is likely your case will be moved. You can call 800-898-7180 and check (enter your alien number – the computer will give you your court date and location). If that does not worm, you can call the court and try to talk to the Judge’s clerk. You can find their contact info if you follow the link at right called Immigration Court. If nothing works, you should go there – if you do not show up, the Judge will order you deported. It is better to have a lawyer for the case, so you might try to get one for April 19 if you can. But lawyer or not, you should make sure to show up unless the case has been rescheduled. Take care, Jason
Hi Jason,
I have applied for asylum and have received my EAD & SSN.
I am planning to get married to my girlfriend who happens to be a US citizen.
My question is, if I get married, am I eligible for a Green Card? Also kindly advise me, do I need to withdraw my asylum or will be terminated automatically?
Thanks a ton
Toshy
If you entered the US lawfully, you are probably eligible to get the GC based on marriage, but there are exceptions, and I recommend you talk to a lawyer about the specifics of your case. For our clients, we try to file the marriage case and keep the asylum cases going until the person gets the GC. This does not always work, and sometimes we have to contact the asylum office to try to get the GC case moving (apparently, there is a file that needs to be transferred between offices, but I am not sure about this). If you do decide to withdraw the asylum case, that can be difficult. You can email the asylum office and ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason
Hello Jason,
I have already shared my story here that my attorney ruined my life by applying Asylum which I don’t even know what it is. As I approached him for U-Visa because I was robbed by somebody with the weapon. He suggested to apply for Asylum and I refused. But He did not listened and applied for Asylum. Even before giving finger prints, I refused to give but attorney asked me to go for bio metrics which is very easy process to transfer Asylum to U-visa. Now, I am on OPT, working for top client and applied for H1. I do not want Asylum/U-visa. I just want to be on my status and visit my parents once in a while and come back without any immigration issues about Asylum.
Please help me to come out of this situation. Not only me, He did the same to my fiance as well. I am not able to concentrate on anything. literally I am going mad. I cannot stay for long time without visiting my parents. Please help us to get away from this Asylum.
Your response is highly appreciated.
Thanks
You should document as much of this as possible, and hire a new attorney to make a bar complaint against him and try to withdraw your asylum application. I think you should be able to do this and close out the asylum, especially if you are currently in status. Take care, Jason
hi Jason,
I have applied for asylum on 11/29/2017 and received an acknowledgement receipt too.
I finished my bio metrics on 12/12/2017
I have not yet received my form i797 and my original copy. I am not able to check my case status online
does it usually take this much time to receive i797 and the original copy? or am in any sort of trouble?
thanks in advance
All you receive normally is the receipt and the biometrics appointment. That is it. So it sounds like your situation is normal. Take care, Jason
Phew !!
Thanks a ton
Hi Mr Jason
My wife is in U.S and she did her asylum (i589) six month ago and still we are waiting for the curt decision!
I got two question .
1.How long do you think it will take for the curt decision ?
2.after the decision she wants to fill i730 form ,and how long do you think it will take for my process to joining her in U.S?
Thank you so much .
1 – It depends on the case, whether this is in court or at the asylum office. 2 – We normally see those take between 4 months and year. It depends on the case and the country. Take care, Jason
Thank you mr Jason
Hi Jason,
My boyfriend came to the US a year ago and he understands limited of English. He was approached by an attorney while he was waiting with permission to enter the US in a facility. The attorney helped him applied for Asylum so the Form I-589 was filed. He now resides in California. Early this month we went to his first Master Hearing here in SF, and his attorney was a ‘no show’, so at the hearing my boyfriend had requested the judge to discharge the attorney from representing him and it was granted. My boyfriend is now scheduled to have an individual interview with the judge in December 2019, and he plans to move forward with the individual interview with an interpreter from the court.
From the hearing the judge had asked my boyfriend to schedule for the biometrics for background check. When I was helping my boyfriend to prepare for the biometrics, we discovered that on the first two pages of his I-589 his attorney had checked that he is married on page 1, and he is not married on page 2 but included spouse and children info. My boyfriend is not married and he does not have any children. My boyfriend contacted his attorney and confronted him about the mistake and want him to fix it. The attorney suggested that he can petition for a divorce to fix the matter for my boyfriend. Our thinking is that if my boyfriend was never married and have no children to begin with, why is submitting paperwork for divorce the correct approach. I personally don’t trust the intention of that attorney, but then I don’t know enough about immigration and asylum law to judge that. We thought about sending in page 1 and page 2 with correction and a letter of explanation to USCIS in Nebraska where the I-589 was initialed filed, and want to know if that is a good approach. We are planning to get married and want to make sure there is no conflict in the system about his marital status. Please let us know what is the best way to have this straighten out. Appreciate your help in advance!
Adrienne
Based on what you say, this attorney is a crook. I suggest you prepare a completely new I-589 and file it with the court. You will also need to provide an explanation. I think you should make a bar complaint against the lawyer (explaining how he fabricated the form) and submit a copy to the court. All this is complicated, and your boyfriend really needs a lawyer. You might try finding a free lawyer – it can be difficult, but from what you write, I do not think he will have a very good chance of success without a lawyer. I wrote about finding a free lawyer on September 22, 2016. Take care, Jason
Thank you Jason. We will look into finding a new lawyer.
Hi Jason,
My fiancé and I applied for Asylum (attorney applied) but we contacted attorney for U visa and also asked him to apply for U visa as somebody robbed us with the weapon and we had a original case report too.
Our attorney applied for Asylum and we did not even know what Asylum was at the time he applied. It’s been 7 months and we have finger prints as attorney told he can transfer it to U visa and we can go to our home country and comeback without any issues. We do not have any threat from our home country and we are on our opt status.
Attorney cheated us and now we got Asylum work permit and we do have SSN as we or on OPT . But attorney has applied SSN again with out any notice and my fiancé got different SSN number.
I asked my attorney how can someone has 2 different SSN numbers. He said we can have any number of SSNs and we can work on both. I argued , I scolded him like anything as he completely ruined our life closed our way to go to our home country and come back safely.
I want to cancel my asylum. I do not want any special visas. I want to be in valid status OPT and then H1 and visit my country once in a while and come back with out any issues at immigration. How can I explain to someone about this situation.
Please help us to get out of this situation. Your answer is highly appreciated.
Thanks
It sounds like the lawyer made a mess. You should find a new lawyer to help you unravel this, as it can be complicated. You might also consider a bar complaint or lawsuit against the first lawyer. Maybe you can at least get your money back. Take care, Jason
Thanks for your response Jason. I appreciate it. But if I file a case against the first lawyer!! Will I be able to cancel the asylum and be on our original status. Money is not a matter but we have to go to home country and come back.
If nothing happens even if we find a new lawyer!! Will we able to travel to our home country and try for another country? Or the asylum even effect our travel to India and also to other countries??
Thanks in advance.
Whether you make a case against the first lawyer or not, it sounds to me like you need to un-do what he did. For that, you will need a lawyer. Whether you can travel to your home country and return here will depend on how your asylum case ends. The asylum case should not affect your travel to other countries, as they will not know about it (it is confidential). Take care, Jason
Dear Jason,
I submitted my I-589 application but later realized I wrote my current address wrong on the application. Is there anything I can do to change it? I also haven’t received my receipt notice.
Thank you so much
I think this will be difficult to correct unless you get your Alien number. You might be able to contact the relevant service center (where you filed the I-589 form – maybe you can find their contact info at http://www.uscis.gov), or maybe try contacting the local asylum office to see whether they can advise you. You can find their contact info if you follow the link at right called Asylum Office Locator. You may want to talk to a lawyer to help you. You can also get a copy of your file by filing a Freedom of Information Act request, form G-639, available at http://www.uscis.gov. That will take several months, but it should get you a copy of your case and your Alien number. In any case, talk to a lawyer be3cause you need to try to figure this out sooner than that. Take care, Jason
Hi Jason,
We came here in USA as visit visa. Then my husband applied asylum after 1 yr, it was July 2014 my husband applied for asylum. Unfortunately, till now not approved and my husband was in detention center because his previous company file case against him. January 18, 2018, I received a letter from USCIS to inform me that they will continue processing my asylum, no need for me to do the biometrics again. They will use the old one. Is that mean that USCIS will process my application individually? the case of my husband will not affect the approval? Hoping for your advice. Thank you!
I do not know – If your husband was the main applicant, and he is denied, you will be denied also. If he has criminal issues, he could be denied on that basis. You may want to file your own asylum case if you are eligible. Given the situation with the detention, I think you should talk to a lawyer to go over where you stand with the case. Take care, Jason
I came to USA on July 2016 with 6 month stay , send my application on november but did not get a recipet so I resent my form on februrary 2017 and now due to family circumistsnces I have to leave the US in order to be united with my family in other country , so what i have to do ? in the future could I reenter with my valid visitor visa ?
Assuming you got a receipt, you can contact the asylum office and try to withdraw your case. You can find their contact info if you follow the link at right called Asylum Office Locator. This is not easy, but if you can do it, that will make it easier to return to the US in the future. If you cannot withdraw, you may (eventually) end up with a deportation order, which will make it a lot harder to return here. If you cannot withdraw the case, or cannot find the case number, maybe hire a lawyer to help you find the info and try to withdraw the case. Take care, Jason
1-why it is not easy to withdraw ?
2-what i need to withdraw ?
3- what do u mean by deportation order ? how works ?
1 – They will not accept a withdrawal unless you have some other status. Evening leaving the US does not always seem to work. Instead, they schedule an interview, you do not show up (because you left the US), they send your case to court, you don’t show up, and the judge orders you deported. The deportation order makes it much harder to return here. 2 – You can send them proof that you left the US. Contact the US embassy in the country where you go, and they may be able to give you such proof, which you can email to the asylum office. That may work, but we have seen mixed results. 3 – see #1. Take care, Jason
Hey Jason!!!
My wife did applied for an asylum and put me in her case since we were married. We got an interview last June 2017 and was sent to a immigration court. They said that they was going to send us a mail with the date and time for our court but we still haven’t received anything. It’s been more than 8 months and we are still waiting. Do you know what to do in this case?
Thank you.
Call 800-898-7180 and enter your wife’s Alien number (it is a computer). If her name is in the system, it will tell you the next court date. If not, you can try to call the DHS Office of the Chief Counsel – a link is at right. They are the office that needs to file the case with the court, and sometimes, it take a while. Take care, Jason
Hi, Jason. My boyfriend has filed for work authorization card. Several months later he has received a letter in the mail stating he has to submit evidence of filing i589. He files this paperwork himself every year (for many years), he was never required to submit i589 with it. He has contacted his attorney, who has been handling his case the whole time. They can’t find one on file, they are looking for it. What are his options? He is supposed to submit it till the April 20th? Thank you.
If USCIS needs evidence of an I-589 (asylum application), he may have applied for the work permit under category c-8 or a-5. Maybe he applied under the wrong category? If he applied under those categories, he is either a person with a pending asylum case or an approved case. Either way, it seems very odd that he and the attorney would not have a copy of the case. He can get a copy by filing a Freedom of Information Act request – form G-639, available at http://www.uscis.gov, if the case is with the asylum office (but this will likely take longer than April 20), or by going to court and copying it, if the case is in court. Something seems strange about this, and this is something his lawyer should be able to help with. Take care, Jason
Yes, thank you for getting back. It is very awkward indeed. His old work card has c 08 category on it. But it turns out he has Withholding of Removal pending status. So, Is he eligible for work authorization? His attorney said some things have changed since the new administration came to the office, and application process has changed. They haven’t located his i589, but came up with some sort of receipt (online, in his case status, that shows filing for this form ), fingers crossed it’s gonna work.
A person with WOR is eligible to work, so hopefully he can get his EAD. Take care, Jason
Thank you.
Hi Jason,
Thank you for your help here.
While filling form 1-589 and writing my story, i made mistakea in period of m of my previous employment on my country of origin. Just seen it. My interview is tomorrow. Do you have any advice?
Thank you again
Yes – this should not be a problem. When they go over the form with you, you can make corrections. And if they do not ask about your employment dates, make sure to tell them. Take care, Jason
Hi jason i want to ask you one quik question.I just submitted my i589 form 1 year ago and already got my work authorization but i lost the copy of i589 of mine so how can i get it back?can uscis send me this form back to me?
You can file a Freedom of Information Act request to get a copy of your entire file – form G-639, available at http://www.uscis.gov. This is free, but it will probably take 5 or 6 months. Take care, Jason
Thank you Jason
What about if I get married with an American citizen
Can I adjust my status to get green card .
Possibly – it depends on whether you entered the US lawfully and you are otherwise eligible to adjust. Talk to a lawyer about the specific of your case to be sure. Take care, Jason
Hey Jason
I am Mohammed I already explained my status in the last comment
So can I adjust my status after get married
Thanks a lot
Sorry, you would need to re-post the entire question, Jason
Hey Jason
I am so confused and really I need your advice
The USCIS just announced the TPS extension for current Syran TPS holder.
My case as following
1- I am Syrian entered the US as visitor December 2014
2- I got the TPS from March 2015 to sep 2016
3- I applied for asylum in nov 2015
4- I did not renew my TPS from sep 2016 to March 2018
5- I have been interviewed for asylum in Nov 2017
6- I got refer to court decision on Jan 2018
7- my master hearing in jun 2018
8-recently I found a company they strongly want to hire me as an engineer
9- the new announced TPS is only for current holder
What should I do
Plz advise
I think you can work for the company based on your asylum-pending EAD, but I think it will be very difficult for them to sponsor you. Possibly, you could get back into TPS status, since you had it previously, but I do not know – talk to a lawyer about that. Otherwise, if they petitioned for you, and it was approved, you would then have to close your court case, leave the US, and get the visa overseas. This may be possible, but it is not going to be easy, and in practical terms, I would not feel optimistic that it would work. Talk to a lawyer about that, but do not start the process unless you think you can finish it – some lawyers will happily take your money to file the employment petition even though they know you will never get the GC because you are currently out of status. Make sure you can finish the process before you start. Take care, Jason
Hi my brother is in detention center n he was asked to show his original documents and provided with i 589 form by immigration judge without deciding bond amount.since most of the alien lodge asylum case from outside then why he was asked to fill form inside the detention center..how many chances are there that IJ set bond amount on him or he has to wait in detention center untill result come out ?
I am not sure I understand the question – is the judge asking for a copy of the I-589? If it was filed with the court, the judge should have that. But even so, he should submit another copy to the judge if that is what is needed. The judge can set the bond amount, and if he – hopefully – has a lawyer, the lawyer may be able to argue for a lower bond. Take care, Jason
Hello Jason:
I have file a application for withholding of removal, that’s because I have a kid with a disability, I have received my receipt, got biometrics done, got my employment document, SS I’m just waiting for my interview date they received my application on March 2017, my question is since enter the country illegally and applying just because my son have a disability how likely it’s that I get my asylum withholding of removal granted. Thank you
I do not know – you would need to talk to a lawyer about the specifics of your case to evaluate the likelihood of success. It sounds like it could be a good case, but such cases depend on the specifics, and I am not familiar with your case. Take care, Jason
I have summit form i-589 and sent a copy to DHS. How can I know if DHS reviewed the copy I sent. Also can I apply for work permit without observing the 150 days stated ?
I am not sure if you have a court case or not. If you mailed the I-589 to a Service Center, they will send you a receipt in a few weeks. As for the work permit, if it is based on the pending asylum, you cannot file before 150 days. If you do, it will be rejected, which will cause additional delay. Take care, Jason
Mr. Jason, please I applied for asylum i-589 since last year July 2017. This year January 9th I got my letter of acknowledgement. Now waiting for biometric letter for over two weeks now and I haven’t received it. What will I do in this case now?
That is very slow – maybe contact the local asylum office and ask about the biometrics. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I just received the decision on my asylum case in New York office
Refer to court
I can’t stay so many years here while my family member are passing away
I am Syrian I don’t have valid passport
I can’t go home because I am pretty sure the regime is going to kill or arrest me,
Please advise what can I do,
I want to see my mom before she pass away in turkey
She can’t visit because of travel ban, I can’t visit because they transfered my case to court .
Do you think I have chance to apply for asylum in Canada, please help
We wrote something about that on March 31, 2016 – maybe that would help. Maybe you can try expediting your court case – I wrote about that on April 20, 2017. Take care,Jason
Hello Mr. Jason
I have read your blocks. It is really amazing what you are doing for people who doesn’t have correct information.
I would love to follow your block and stay informed.
Sincerely,
Rauan
Thank you, Jason
Hello Jason,
I have applied for asylum when I was in f1 status and done with finger prints. Me and my boy friend both applied for asylum. We both are on OPT status now. In 2 years we are going to get married. But we want to get married in our home country.
Please let me know any alternative. so that we can go for short term period , get married and come back soon. Your response is highly appreciated.
Thanks
Sindhu
I expect that if you tried that, your asylum application would be denied. I think it is a bad idea. You should talk to a lawyer about that if you want to return. Take care, Jason
Thanks Mr Jason Dzubow, my question is can i travel to my home country after i have recieve my EAD
thanks for all your response Mr Jason Dzubow,my question is can i travel to my home country after i have receive my EAD
You would need to tell me a lot more about your case for me to know that, and in general, any asylum seeker or asylee who travels to the home country invites big problems from the US government. Take care, Jason
Hi Jason,
Your reply is highly appreciated. I have applied for asylum and done with finger prints in June 2017. I did not applied for work permit yet. I am on OPT and has 24 months extension. I am planning to apply for h1 in 2018. I want to cancel my asylum and wants to Visit my family in my home country and come back again. How does it works? I know if I leave US and go to home country, they will not allow at immigration to come back. But I believe there should be some alternative for this. I want to visit my family in emergency. Please help me finding the solution for this. Thanks in advance
You may be able to cancel your asylum case if you show the asylum office that you are still in lawful status (OPT with a qualifying job). It has become more difficult to cancel cases though. Anyway, contact (or go in person to) the asylum office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, if you get an H1b visa, you may be able to return to the US even if asylum is (or was) pending, since H1b is a “dual intent” visa, meaning that the US government does not care whether you plan to stay permanently in the US, they can still issue you the visa. I do think you need to talk to the H1b lawyer about that, though, to get some guidance. Take care, Jason
Thank you so much for your response Jason. After my H1 is approved, I need to go to my home country for visa stamping. So do I need AP for that? And when I come back can I explain the same thing if they ask why would I leave the country while asylum is pending?
It is better to have AP – that way, if something goes wrong, you can still return to the US. If everything goes well, and you get the H1b visa, you should be able to return with that visa. I am not sure I understand the second part of your question. Take care, Jason
Awesome.. My second part of the question is, In Ap, can I state that I want to go to home country for H1 visa stamping as they may raise question saying as an asylum seeker, how can I able to get stamping on the home country passport?
I think this could create issues for you. It is far better to get the H1b in a third country; not your home country. Take care, Jason
can someone travel out of US when he has received receipt for form1-589 and has his finger done
Once you file for asylum, you probably need Advance Parole to leave and re-enter the US (I wrote about that on September 11, 2017). Some people with certain types of visas may not need AP, but you should talk to a lawyer about that before you travel, to be sure. Take care, Jason
Hi
I have filed an asylum case and received a notice too..but on that letter spellings for my name are mention incorrect..can we change it online? Or I wud have to go to some office to get it changed
I think you should contact (or go to) your local asylum office to ask for help about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thanks and bless you for the wonderful job you are doing.
I have typed every detail of my life history, pertaining to my asylum. The space provided in the supplement is not enough. Can I attach a printed copy of the story on a blank white sheet along with my application?
Thanks, in advance
It is better to use Supplement B (the very last page of the I-589 form). You can use several such pages if needed. You can also submit a separate affidavit. That is what we do – and we usually submit it after the asylum cases is filed, but a few weeks before the interview. Take care, Jason
Thanks, Jason, appreciate your revert
Hi Jason pls send me ur contact I want to talk with u
You can email me at jdzubow@dzubowlaw.com. Take care, Jason
I have been interviewed last Thursday
By the end of the interview the officer asked for passport translation,
I dropped of the translation yesterday
How long you think it takes to mail me the decision?
Does it mean something that the officer asked for passports translation?
Thanks a lot
Sometimes, they ask for that if there are passport stamps not in English. There is no way to predict how long until a decision. Cases for men are often slower than for women, and Muslim cases are often slower than non-Muslim. Most cases still have a decision within a few months, and so hopefully, you will get a good decision soon. I do not think requesting the translation is a good or bad sign for the case. Take care, Jason
Thank you
i have sent my asylum application in feb 8 2017 & my interview doesn’t seem soon , and this delay put me in hard situation with my family coze they are not with me , and i think to move to other country where i can leave with my family so i have to go to the court or some thing ? what if i leave without any withdraw they will arrest me in the airport ?
You should be able to leave with no problem. However, if you do not somehow cancel your asylum case, you will eventually have a deportation order, which will make it harder for you to return here. You can contact the asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, you could try to expedite your asylum case (but even if they agree, it will usually still take months). I did a blog post about that on March 30, 2017, if you are interested. Take care, Jason
Hello Jason
I got a question
if i joined a college , could i change my visa to F1 ? DOES MY ASYLUM CASE AFFECT THIS ?
THANKS
The asylum case could affect an application to change to F-1. F-1 means you will study in the US and leave at the end of your studies; asylum means that you want to stay permanently. For this reason, these two applications are in conflict. You may still be able to change status (assuming you are currently in some status besides just asylum pending, such as B visa status), but talk to a lawyer about that first – or maybe the school can advise you. Also, once you have your work permit from asylum, you should be able to attend college. Take care, Jason
Hello Mr Jacson
Three months ago I have sent an asylum application to the immigration court since that I don’t receive any answer from them. I am already in immigration court that’s I sent the application to the not to USCIS. I have a copy of my application to the Judge and one to the government representative.
What should I do because I don’t receive anything from them?
That is normal – they do not send you anything. You should Google “defensive asylum case in immigration court” and you will find a PDF/website with instructions for getting your fingerprint appointment. Also, you can call 1-800-898-7180 (this is a computer, not a person) and enter your Alien number. When prompted, push 2 and the computer will tell you if there is a “clock” and how many days have elapsed. If there is a clock, it means your asylum case was received, and if 150 days have passed, you are eligible to apply for a work permit. If there is no clock, call the court to ask whether your case was received – you can find their number if you follow the link at right called Immigration Court. Take care, Jason