I started my own immigration law practice at the end of 2003. Since then, I have been either a solo attorney or I’ve been working with one or a few colleagues. Now, that’s about to change. I am happy to announce that starting on January 1, my coworkers and I will be joining Murray Osorio PLLC, a full-service immigration firm with offices in Virginia, Maryland, and New Jersey, and which handles cases nation-wide.
Here’s the official announcement:
We are pleased to announce that as of January 1, 2025, the attorneys and legal staff at Dzubow & Pilcher PLLC will be joining the firm of Murray Osorio PLLC. Jason Dzubow and Todd Pilcher will serve as partners at Murray Osorio PLLC, and the team will remain based in the Washington, DC metropolitan area. Murray Osorio PLLC is one of the nation’s leading full-service immigration law firms and is well-positioned to address the many challenges ongoing and ahead for intending immigrants and asylum seekers throughout the United States. This transition will benefit our clients tremendously as they will have improved access to a larger and readily available team of experienced attorneys and support staff to assist them with their legal needs.
We are in the process of notifying our clients, but the change will not affect our existing clients–we will continue to represent them as before, though we will soon be working under the new firm.
Here, I want to explain a bit about why we made this move, which I think relates to the practice of immigration law more generally.
When I started my practice, my business plan (such as it was) was to keep costs down and keep fees low. To make a living, we needed to do cases efficiently, and we needed to do a lot of them. My attorney friends who practiced primarily asylum law followed this same basic model. It all worked pretty well–I was able to serve my clients and make a living–at least for a while.
But things began to change in 2014 or 2015. Instead of filing an asylum case, attending an interview, and getting a decision, the “backlog” began to grow. Cases that were previously resolved in a year or two were now taking much longer. This meant that our caseload began to get larger and larger.
It also meant we had more work to do. When you have a client for 10 years instead of two, there is significant extra work associated with the case: Work permits, travel documents, other types of immigration petitions, random questions. Also, when an “old” case gets scheduled for an interview, significant additional work is required, since the form, affidavit, and evidence all need to be updated.
For these reasons, over time, it has become more difficult to provide the services our clients need. Having so many cases and not enough support is also stressful for the lawyer. I am not alone in these problems, and many small firm asylum lawyers face the same challenges.
For me, something needed to change, and for the past several years, I had been thinking about what to do.
Enter Murray Osorio. It’s a much larger firm than mine, and it is very well organized. The firm uses technology to better manage its caseload and prepare its cases. It has a wide range of immigration lawyers and can provide many services that I cannot. Most important, it has committed attorneys who I know and admire. I felt it was a good match, and I know that our partnership will allow me to better serve my clients and reduce my own level of stress.
As for The Asylumist blog, I intend to keep on keepin’ on. But look out for some improvements and new features in the months ahead.
As we enter 2025, we will face many challenges. Whatever is to come, I feel more confident and better able to represent my clients knowing that I will be working with an experienced team of immigration law professionals who I can turn to for advice and support. I hope to see you in the new year, and until then, I wish you Happy Holidays!
Dear Jason, I have one big question.
I saw the following resources from the uscis website regarding I-730 and I did not understand can you explain to me in simple English.
Who may not file I-730?
You are not eligible to file this petition if:
1. You were granted status as an accompanying or following-to join derivative refugee or asylee.
My question: My parents who were recodnised by UNHCR as a refugee went to the USA under IR-5 visa and did her interview at the US Embassy. My parents and I lived same house hold under UNHCR case and we are refugees. I am married over 21 years old. Please let know if i qualify the I-730?
Please explain to me in much details about number 1.
I look forward to your reply to my questions.
Thanks
If you have refugee status already, you should be eligible to file an I-730 for your spouse. However, if you got status based on your parents, I do not think you can file an I-730 for your spouse (once you have a GC, you can file an I-130 for the spouse). Also, if only your parents are refugees and you are not a refugee, and they want to file an I-730 for you, you are not eligible to get status based on a parent if you are now married. I think you also had to be under 21 at the time their case was approved or initiated. I am not sure about this requirement, as I do not do refugee cases (I only do asylum cases). If you were under 21 when the case started, you might talk to a lawyer about this requirement and also see how your marriage affects your case. Take care, Jason
Hello
When applying DV lottery, a number of misrepresentation were made , two dependants were not added.once in the US ,applied for I-130 for them and it was approved and the case is with the state department waiting for interviews at embassy. In meantime applied for naturalization since it’s been 5 years. Naturalization was denied because of misrepresentation of failing to add dependants on initial application.
1.what likely to happen for my dependants spouse and child petition, are they likely to be denied due to the same reason of naturalization denial
2.what about applying 601 waiver for them.
3.does the misrepresentation made by the petitioner apply or have effect to beneficiaries.
1 – I think that is possible, or the cases could be put on hold until they resolve the status of your GC. The US government could try to revoke your GC based on the misrepresentations, and so you should talk to a lawyer about that. The I-601 waiver (or other type of waiver) would be for you, since you made the misrepresentation, and if they try to take your GC away, you would probably present the waiver and any other defenses at that time. 2 – Your family members would only need that for their own misrepresentation. 3 – If your GC is deemed invalid, you would not be eligible to petition for family members, and so that issue may need to be resolved first. On the other hand, USCIS may take no action against you and if that happens, the family petitions may be able to move forward. I would probably review the specifics with a lawyer to determine what actions you should be taking now for yourself and your family. Take care, Jason
Hello,
Question, i was granted by IJ and on the i-485 question part 8 general eligibility question 18 about have you ever been removal process i selected NO do you think my i-485 will be denied for that mistake?, thank you and happy new year.
Such an error would not normally be a reason to deny a case, but it could be an issue once Trump is back in office. I would try to correct that. If you filed online, you can upload a short letter indicating an error and noting the correction. If you did not file online, you can send a letter with a copy of your receipt to the address listed on the last letter you received from USCIS. You might also review the I-485 for any other errors, such as the question about whether you ever violated your status in the US (presumably, you did, since you were in proceedings, unless maybe you never had status here because you arrived without a visa), and note those corrections or explanations as well. Keep a copy of anything you send to USCIS so you have evidence about that. Take care, Jason
Hello Jason,
Congrats on Joining a larger law firm and wish you all the best in this new chapter !
Regarding your reply above, I wanted to share that I am also an an asylee and submitted the I-485 form last July 2024. I came to US with F-1 visa.
For question 18 ” have you ever been in removal proceeding” I answered YES since my asylum case was handled in immigration court. For question 17 “Have you ever violated the terms and conditions of your nonimmigrant status in the US”, I answered NO, as I interpreted it to refer to violations such as working without authorization. Legally , I might be mistaken , but I believed that filing for asylum did not constitute violation of the terms and conditions of my F-1 non immigrant visa . Given that I acknowledged being in removal proceedings in question 18, do you think it’s necessary to send a correction for my response to question 17? If yes, how should I explain it in the letter ?
Thank you. I honestly do not know whether you violated your status. On the one hand, the F-1 visa is a temporary visa, and seeking asylum is an application for a permanent status, and so this may be a violation. On the other hand, maybe you arrived in the US with the intention to leave, but then something changed, which caused you to seek asylum. I think it is pretty self evidence that you explained that in your answer to question 18. However, the new Administration may be looking for any reason to deny applications and it is easy enough to correct. You can just send a letter (or upload it online) indicating that you answered “no” on 17 because you believe you did not violate your status, but that you did file for asylum. I think providing an explanation offers some protection if the next Trump Administration is arbitrarily looking for excuses to deny cases. Take care, Jason
Happy new years Jason and team.
I want to ask on behalf of my sister. She crossed illegally and was released on bond and was given a paper issued ICE saying “Interim notice authorizing parole”, I thought we could apply for her directly for work permit, but we are told that this is different from the parole issued by USCIS and she have to apply for asylum first and wait 150 days. Any idea?
I believe if her parole was listed as under c-11 (humanitarian parole), she would be eligible to apply for a work permit based on that. But otherwise, she is not eligible for a work permit. If she applies for asylum and waits 150 days after that, she should be eligible to apply for a work permit based on category c-8 (asylum pending). Also, so you know, working without authorization would generally not have a negative effect on an asylum application. Happy New Year, Jason
Hello, happy new year,
I was reading USCIS website about after granted asylum in one section shows if an asylum granted july 1 2007 and send i-485 march 15 2009 and approves on July 1 2009 the date on the permanent card shows July 1 2008 ???, i thought it should be the date git granted by IJ or asylum office, can you clear that and also i am granted by IJ and that means i passed security background but and officer who revoew my i-485 can denies cause that reason too or something else and if it gets deny what will happen?
Happy New Year! When a person gets a Green Card based on asylum, the GC is back-dated one year. So if you got a GC today, it would be dated 01/01/2024 (not 2025). It is not back-dated to the date asylum was granted. You have to wait 5 years from the date on the GC before you are eligible to naturalize, though you can mail the application for citizenship up to 90 days before the 5-year anniversary, assuming you are otherwise eligible. In terms of getting the GC, there is a background check and they can and do examine your eligibility for the Green Card at the interview, though not everyone gets an interview (that could change once Trump is back in office). Take care, Jason
Hi Jason,
Do you mean that all green cards based on asylum are back-dated? I have a friend who is now a citizen whose case was approved in court but his green card was not back-dated. Do you know on which basis does USCIS back-date or doesn’t back-date a green card? Is this at their discretion or it is law?
They only back date green cards based on asylum, and in some cases, they seem to forget to back date the cards. If that happens, I guess your friend can try to correct the date, but that may be more trouble than it’s worth. Take care, Jason
I have applied for a Green Card (GC) based on granted asylum. My husband is the main applicant, and he has already received his GC. I submitted my application at the same time, but now I have been asked to submit a Form 602.
I am currently undergoing treatment for cancer, which has prevented me from receiving some vaccines. My civil surgeon submitted my medical documents earlier, but I received a letter asking me to submit Form 602 again.
Could you please advise me on what steps I should take next? Specifically, how should I fill out this form? Which checkbox should I select to indicate my health issues? Thank you!
Form I-602 is for a refugee waiver, and I am not sure why you would need that. Normally, it is for a crime the person committed, and I have not heard about that being needed because someone could not get a vaccine. USCIS should explain to you why they think a waiver is needed. Normally, the refugee waiver is very powerful and almost always works, especially in a situation like yours where you have a serious health issue. I think you should talk to a lawyer to try to understand what USCIS wants and then respond, as you want to make sure the GC is approved so you can have a more stable status here, and move toward US citizenship. Take care, Jason
Hi Jason,
I hope this message finds you well. My family and I are Syrian nationals who were granted asylum about a year ago. We’re currently preparing to submit our green card applications next month, and I have some concerns about how the recent regime change in Syria might impact the process.
Specifically, is it possible for green card applications to be denied after asylum has been granted? From what I’ve read, a significant change in the country of origin can sometimes be a reason to deny green card or even citizenship applications for individuals granted asylum.
Do you foresee this being an issue for Syrian nationals in particular? I’m asking specifically about individuals like us, who have already been granted asylum. I understand that those still awaiting their asylum interviews may still have opportunities to present additional evidence, such as fears related to ongoing conflicts or factions beyond the Assad regime.
Your insights would be greatly appreciated as we navigate this process.
I think this is a difficult situation, as changed country conditions could cause the US government to retract a person’s asylum status. If your case was based on fear of the Assad government, this could be an issue, and if so, you would be sent to court (or maybe the asylum office) to demonstrate that you still have a fear of return, even if Assad is gone. At this point, it is too soon to know how Syria will look in the future, but I do think the Trump Administration will be hostile to Syrians, and so it is best to think about how you would respond if USCIS wanted to reopen the asylum case (and get some evidence about your ongoing fear if possible). In terms of applying for a GC, I do not know what is best. On the one hand, if you can get the GC processed, you will be much safer, as that status would not be revoked due to changed country conditions. On the other hand, you might want to wait to see how the Trump Administration is dealing with Syrians. If they are trying to revoke their status, you may be better off not applying for the GC, in the hopes that you will stay under the radar. You might want to talk to a lawyer to think this through, as some of the decision-making will depend on the specifics of your case. Take care, Jason
Hi Jason,
My asylum case was approved by IJ in June 2024 and applying for adjustment. However, I’m little bit confused to fill the I-94 detail. When I entered the US it was on the B2 visa and now asylum. I’m little confused what should I select for the following questions of I-485.
– Expiration Date of Authorized Stay Shown on Form I-94 (mm/dd/yyyy) or Type or Print “D/S” for Duration of Status.
– Immigration Status on Form I-94 (for example, class of admission, or paroled, if paroled.
– Expiration Date of Current Immigration Status (mm/dd/yyyy) or Type or
Print “D/S” for Duration of Status
Thanks
Your current I-94 based on asylum does not expire, so you can probably put N/A for those, and it sounds like you have an I-94 based on asylum. You should include a copy of your most recent (asylum) I-94 and a copy of your original (B-2) I-94, plus a copy of your passport (photo/bio page and US Visa) so USCIS has both I-94s. In that way, you should not have a problem. Take care, Jason
Hi Jason,
I applied for asylum in 2017 and I have been waiting for an interview. I applied for a EAP late last month and was granted 30 days. I travelled to a 3rd Country to meet my ailing dad and retuned safely. I was paroled into the country and the officer stamped DA/AOS until Dec 20 2025. What does that mean? Thanks
I do not know what DA means. AOS normally means “adjustment of status,” which means getting a Green Card in the US, so maybe they think the Advance Parole was based on a pending I-485 (application for a green card)? I do not know, but since you were allowed back in, you should be fine. It sounds like your case is still pending and all this sounds normal. Take care, Jason
Hi. Josan
I have a question for you. I am the main applicant and my husband is the beneficiary. He filled in his 160 application form that he had served in the army and retired in 1993. He also served as the vice president of the Maternal and Child Health Hospital, managing logistics. Now a lawyer proposed to remove him from my case, saying that it would affect my approval. What do you think? Thank you
I do not know the details of your case or his work in the army, so it is difficult to say. If he committed human rights abuses or work for an organization that did that, it could affect his ability to get asylum and that could potentially delay your case. Or if he did something wrong that involved you, that could affect the case. Otherwise, a dependent’s job generally would not affect the principal’s case. I would try to get more info from the lawyer to understand the lawyer’s reasons for this. Also, if your husband did something that implicates you, that is already part of the case and removing him will not change it, so I would want to better understand the lawyer’s thinking. Take care, Jason
Hi. Josan. Happy new year.
My husband only served in regular military service and retired 30 years ago. He works in a maternal and child health hospital but is only in a logistics support role and does not hold a medical license. This information is included in his DS-160 form. If I separate him from my application, it shouldn’t affect me during the background check, correct?
Thank you again
I just do not see why his military service would have any effect on your case, unless the military was committing severe human rights abuses and he was involved. I think you need to clarify that with your lawyer. I also do not see how removing him from your case will change anything, since he is still your husband (and even if you divorced him, that does not change the fact that he was your husband). I would try to get clarity from the lawyer before you remove him from your case. Take care, Jason
Hi Jason and team, I was thankfully granted asylum but the departure record that was sent to me has one letter in my last name misspelled. My name appears correct in the approval letter and new EAD. How do I go about fixing the name on the departure record? I understand I need to present it for a new social security card to be issued
Thank you
I assume you mean the I-94 form. I would start by emailing the asylum office (if they granted your case) and ask if they can correct the errors. You can find their email if you follow the link under Resources called Asylum Office Locator. Otherwise, you might need to call USCIS and try to reach a person for help: 800-375-5283. You can also try this web site: https://egov.uscis.gov/e-request/displayTypoForm.do?sroPageType=typoError&entryPoint=init. If these do not work, you can probably live with the old SSN and your current work permit, and when you apply for the green card, note that the I-94 has an error. Once you have the GC, you will not need the I-94 any more. You can apply for the GC less than one year after receiving asylum – I recommend 6 months and I explain the reasoning in a post dated February 6, 2023. Take care, Jason
Hi Jason, congratulations on joining Murray Osorio PLLC!
I have a quick question. My girl friend had an interview a few months back and she now received a status update two months after her interview ‘decision mailed’ . Does this mean she is denied ? Because usually when it’s approved it would be something like ‘fee waived’ or ‘EAD produced’ . We are a bit frustrated with the result and she is currently very sad.
Anyway to know the result before the mail comes to her mail box?
if it’s denied what’s the odds of getting approval for a Virginia resident.
Anything helps.Thanks again and congratulation.
I am not a fan of the online messages, but it seems to me that everyone gets the message that the decision is mailed. There is also another message about fees being waived to produce the new EAD card. Maybe she will get the second message soon, but even if she does not, you cannot know the decision for certain until you get the letter. Also, while a denial is obviously very upsetting, she should know that something like 76% of cases denied at the asylum office are approved in court, and so she should not give up hope even if the case is denied. I wrote about that on March 8, 2023. Good luck, Jason
I think winning in the asylum office is easier than winning in immigration court.
It’s non-adversarial. If she cannot even win in asylum office, her prospect really doesn’t look good in higher courts……right ? The trump DOJ-EOIR will simply be more anti-asylum…and if she cannot even win in a Biden DHS…then…I would expect her to lose the asylum bid eventually…
This is simply not correct. Statistically, something like 76% of asylum office denials are granted in court. Take care, Jason
Congratulations! I hope 2025 brings you joy and we all appreciate all you’ve done for us during these years. I had my asylum case opened in 2013 and I went through a lot…. My question is can I expedite my citizenship if my kids wanted to study abroad and haven’t see their Dad since 2013? Travel document is an option but it will be too risky to study abroad with it. Thanks for your advice.
Aside from joining the military or marrying a US citizen and getting a GC based on the marriage, I know of no way to expedite citizenship. Once they are eligible to apply (normally after 5 years of having a GC – and remember the application can be mailed up to 90 days before the 5-year anniversary of the GC, assuming they are otherwise eligible), you can request that the application itself be expediting – I wrote about expediting with USCIS in general on January 29, 2020. Take care, Jason
Are you gay, lesbian, bisexual or transgender?
Yes (8%)
86% Harris
12% Trump
No (92%)
45% Harris
53% Trump
This is the exit poll…So…from the 2024 exit poll…it looks a decent majority of non-lgbt people…firmly oppose lgbt rights by voting for trump…Should lgbt asylum seekers take it as a warning that…their fate doesn’t bode well even if they become an asylee…
If something is opposed by a majority of society…how could they prosper and develop ?
I think a minority of Trump voters made their choice based on this one issue. However, I do expect difficult times ahead for asylum seekers, including LGBT asylum seekers. I will say that LGBT asylum seekers were mostly still doing ok during the first Trump term, and so hopefully, they will not be specifically targeted during the new term. Take care, Jason
Hello, happy holiday,
Question, what do you about asylee who got approval from IJ and USCIS and still not have green card?, you it will be difficult for them too if yes, how they will be effected by new administration?, thank you.
If a person has asylum, they are protected from deportation. Most lawyers, including me, recommend applying for the green card 6 months after asylum was granted. I explain the reasoning for that in a post dated February 6, 2023. The new administration will be very hostile, and so if you are eligible to apply for a green card, it may be a good idea to do that. Happy Holidays, Jason
Thanks for your response,
I did already send my i-485 on July this year exactly 6 month after approval but my question is can we effected by new administration?, i assume delay but i am still worry how we can be effected.
At this point, we don’t know. Last time, they tried to give every asylee an interview for the GC, which seemed to have no effect aside from making cases move more slowly. I would not be surprised to see something similar this time, but we will have to see what they do. Hopefully, the fact that you already filed will protect you from most changes to the process. Take care, Jason
I am not sure I fully agree.
If somebody chooses Trump based on economic concern, then at least they think their economic concern is placed higher than LGBT’s well-being. That’s not someone I think I can trust.
I am not saying that I think Trump supporters support LGBT rights but voted for Trump anyway. I am suggesting that it was not the main issue motivating them to vote for him. I do expect trans people and to a lesser degree gay people will have difficulty during the new administration. Whether that will affect asylum cases, we will see, but I think such cases are generally strong and less likely to be affected that other types of asylum cases, such as people who fear domestic violence or gang violence. Take care, Jason
Hi,
I granted my asylum 2021 and applied i485 2022 and it is still pending
my son turned 14 5 months ago and they sent us a biometric appointment last month and we went it and after we asked the congressman to ask about our case since it is over normal procsing time which is 15 months and they responded that our case is in NBC
do yoi have any idea how long should it take
thanks in advance
Hana
It sounds like the I-485 is taking longer than normal. You can inquire through the http://www.uscis.gov website if you go to the processing times page for the I-485 and then scroll down. After you do that, if there is no response, you can inquire through the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. Take care, Jason
If you evaluate yourself, what grade will you give yourself for the positive contribution to the asylum community over the last 2 decades…
It is not something I care to do. I have tried to make a positive contribution and did what I could. Take care, Jason
Hi Jason,
I hope you’re doing well. My asylum case was recently approved by a judge, and today my EB1A petition was also approved after a long wait. For an asylum-based adjustment of status, I understand I would need to wait six months to a year to be eligible to apply, so I am planning to proceed with the EB1A adjustment instead.
However, I’m a bit confused about the implications of having a pending asylum case. I understand that pending asylum gives me an exception from accruing unlawful presence under INA § 212(a)(9)(B)(i), which may make me eligible for adjustment of status. Based on your experience, do you foresee any potential issues with using the EB1A approval for adjustment of status, given my current immigration history?
I would greatly appreciate your thoughts and any guidance you can provide.
Thanks.
Your STATUS is ASYLEE, person who got Granted Asylum by IJ in your case.
You do NOT have a “pending asylum case”. Your case has been resolved and IJ granted you Asylum. Since now you are in LEGAL status as an Asylee, you can adjust your status with your EB1 application.
Jason will answer that for sure.
Thank you for the response. What should I response in the I-485 form for the question “Have you EVER violated the terms or conditions of your nonimmigrant status”? Yes/No
It’s up to you…. I have overstayed my J-1 visa, so i put YES and explained that i was out of status prior applying for my asylum….overstaying is a violation…if you applied BEFORE your expiration then you should be good and click NO, otherwise yes.
I think you can put whatever you think is most accurate, circle the question, write “see cover letter,” and in the cover letter, explain that you came to the US on a visa and then filed for asylum. As long as USCIS does not think you are trying to hide something, you should be fine. If you are filling the form electronically, you can include your written response at the end of the form or in a separate attachment. Take care, Jason
Happy holiday, Jason.
I hope the partnership begins greater things for you and your team in the new year and beyond.
Thanks for all you do.
Thank you – Nice to hear from you and Happy Holidays to you too. I hope all is well. Take care, Jason
I do not know enough about the case to know the answer. I think you need to talk to a lawyer about specifics, but in general, an asylum approval erases many prior immigration “sins” and so probably you can adjust based on EB1. However, there are exceptions and issues that could come up, and I think it is best to have a lawyer evaluate the specifics before you file, just to be more certain. Take care, Jason
Hello Jason, first congratulations on joining the new firm and best of wishes in the new endeavor. I have some questions that I need clarification.
So I have a master calendar hearing in two months but now my I-130 is approved. How can I format the letter requesting the court to schedule for a status adjustment with court hearing as I can’t adjust it with uscis. Is that any INA law I need to invoke or just write it with the subject title adjustement of Status hearing request? Do I need to send my application to the court as I would have send it to uscis? Or just wait until the master calendar hearing and ask the judge in person that I would like to adjust my status with the court?
Thank you in advance for all your help and much appreciated all the support done for the community.
Thank you. If you have a lawyer, the lawyer can file a motion to dismiss the case, assuming you are eligible for that. This is much more difficult without a lawyer, but if you want to try, you can contact the DHS attorney (the prosecutor) and tell them your situation and see what they way – you can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. Alternatively, if you do not have a lawyer, you can wait for the Master Hearing, and bring copies of the I-130 approval and supporting evidence for the court and for DHS (1 copy for each), and then ask if they would dismiss the case. Your spouse should also attend this court hearing. Maybe they will agree to dismiss, but if not, you should probably get a lawyer, as there may be complications in the case and a lawyer should be able to assist with that. Take care, Jason
Hello, my husband is the main applicant and we are applying for a GC based on asylum. I’m from a different country and we got married here, can i apply for a Combo card, i know that now they gice it to you for 5 years. I do have RTD and EAD a5. Will i have to oay since initial application was granted?
The better document for an asylee is the RTD. I understand why you prefer the combo card, since it is valid longer. I have not applied for that for an asylee, and so I am not sure they would issue Advance Parole to an asylee (even if you are from a different country as the principal), as I have never seen an a-5 combo card. Maybe a lawyer could research that for you, or you could just apply for it and see what happens – I suppose all you have to lose is the filing fee if they refuse. Unfortunately, AP used to be free when you paid for the I-485, but that is no longer the case, so there is some risk, as it is not so cheap. However, if you can live with the RTD, that is the more appropriate travel document for an asylee. Once you have the GC, you can use that to re-enter, and so that should basically solve the problem (since you are not from the country of persecution, you should not have a problem traveling with your passport and returning to the US with the GC). Take care, Jason
Hi Jason,
Congratulations to your new job you really deserve it,
I applied for I-485 last year December and today I check the status, change to New card is being produced….. exactly one year of application.
Thank you – hopefully, you will have the card soon. Usually, it is only a week or two after the online message. Take care, Jason
Hi Jason,
I plan to file for a fee waiver for my asylum based green card application, how long it approximately takes for them to decided on the waiver alone? Do they decide on it immediately or only a year later when it’s my turn. I’m worried if the waiver is rejected I lose viable time nd have to start all over
I have rarely done fee waiver cases, and so I am not sure, but my sense is that the fee waiver does not cause much delay in the overall processing time for the case. That said, I really do not know how long it takes to get a decision in the fee waiver, sorry. Take care, Jason
Hello Jason!
I have a question, I did some research and found out that if your case is referred to court and you have not completed 10 years consistent stay in US (having us citizen kids) and if during the court proceedings your 10 years consistent stay s is completed you still become eligible for filing cancellation of removal(on criteria’s defined in the law) and file for it.
And the same is true if your case is pending and you complete 10 years of stay with US citizen kids you can still file for cancellation of removal in the court.
Can you please verify these points.
Thanks for everything!
Sydney
In general, that is not correct. To qualify for cancellation of removal, you need 10 years in the US before the court case starts. And normally, once the Notice to Appear is filed (the document initiating the court case), the clock stops for purposes of getting to 10 years and you cannot get the 10 years, even if you are actually reach the 10-year mark while the court case is pending. However, there may be an exception to that rule if the Notice to Appear is “defective,” which generally means that it is missing a date and time to appear for your first court hearing (or if it says “TBD” – to be determined). In that case, the clock may not stop and you could reach 10 years – and potentially become eligible for Cancellation of Removal – after the court case begins. The rule about whether an NTA is defective has changed a few times, and I am not sure whether it still applies, but if you have a lawyer, it would be worthwhile to mention this issue and see if the lawyer can check your eligibility for cancellation. Take care, Jason
Thanks Jason upon further digging I found the this.
The 10-year continuous physical presence clock does not restart when your case goes to court. According to the Immigrant Legal Resource Center, the clock stops only when a Notice to Appear (NTA) is served, but it continues to run during removal proceedings as long as you remain in the U.S. and do not engage in actions that would interrupt your presence, such as leaving the country for extended periods or committing certain offenses1.
Additionally, the asylum clock will not stop simply because your case is referred to immigration court, unless you fail to appear for an asylum interview5. Therefore, your accumulated time toward the 10 years remains valid throughout the court proceedings
This may be correct in certain cases (where the NTA is defective), but I do not think it is correct in cases where the NTA is proper. Maybe this is a change I am not aware about, and so if you think Cancellation may be an option for you, you definitely should have a lawyer research this issue and show the lawyer this paragraph (including the source of the information), as maybe it is an option for you. Take care, Jason
I feel sad that my whole life is being defined as the particular social group, which is the basis of me seeking asylum…and then later, an asylum seeker…
It just feels that all my academic, professional efforts, me as a human being is solely defined by the particular social group I am in and then me being an asylum seeker…
Does anybody feel that way ?
Dear,
You are not on your own. We have been feeling the exact same way. What I would do in a situation like this is keep being positive and live your day-by-day life. Period
I am not sure who is defining you that way, or why you care what such a person thinks. Take care, Jason
Probably 50% of the american population ? (that voted for the trump-vance ticket)
I don’t know how you can not care when it’s 50% of the people
Exactly why would you care or feel that way this is just an illusion and trap of negative feelings.
My friend life was never promised as an ideal and neither this world.
Life is meant to be full of challenges and hurdles this is not a paradise and we were not promised a paradise in this world.
Understand the purpose of life and embrace these challenges and issues.
So…
Can you tell me step 1,2,3,4 how to “embrace these challenges and issues” ?
Eventually, I wish those anti-me people could be pro-me, so I can feel supported.
Are there any ways to do that ?
To me, asylum seekers need to tell their stories – in many cases, even people who are “anti-immigrant” are sympathetic to real human stories. It is a slow process, but over time, people can learn about asylum seekers and maybe even change their minds. Take care, Jason
I agree, but at the same time, I could use a bit more paradise in my life….
Hi Jason,
I am an Asylee with green card. My wife is also in US with pending asylum case with USCIS. I have applied for I-730 for her in May 2024 and still it’s pending with no updates. I have called USCIS many times but they’re saying they don’t provide information about I-730. The current processing time is only 10 months and our case is pending for about 20 months now. I have asked for congressman’s help now let’s see if they could do something.
My question is once she’s approved and we will apply for her country’s passport to travel. Does she also needs to have AP/ or RTD in addition to passport? We will withdraw her case from asylum office after the approval. As far as I know, RTD is only for asylees. So does she would need AP in addition to the passport even though she would have approved I-730?
Please advise. We’re planning a trip after a decade of staying in the country. Thanks
We have seen most such cases take 1 or 2 years. If it is outside the normal processing time (which you can check at http://www.uscis.gov), you can do an inquiry with USCIS and if that does not help, with the USCIS Ombudsman – there is a link under Resources and they sometimes help with delayed cases. Once it is approved, she can withdraw her asylum case, but that does not erase the fact that she previously filed for asylum, and so I would be careful about applying for a passport (if she feared non-state actors such as terrorists, and did not fear her home government, this is less of an issue). It would be preferable for her to use the RTD, though that document has a lot of limitations. I wrote about traveling with the passport on May 25, 2022, and that would apply to her as a dependent/former principal. Once she has asylum as your dependent, she is an asylee and she would use the RTD, and not AP. AP is only for people with a pending application or a temporary status, such as TPS. Take care, Jason
Hi Jason,
Thank you for your reply. The country we’re traveling to does not accept RTD. Can we use her passport to travel and would she be allowed to return with just passport when she’s an asylee through me without gc?
I think she needs the RTD to return to the US. I would not travel as an asylee without the RTD – even if she uses her passport to enter the third country, she needs the RTD to re-enter the US. In terms of using the passport, I wrote about that on May 25, 2022, but in short, she should be prepared to explain why she used a passport from a country that wants to persecute her. This is easier to explain if she fears non-state actors (such as terrorists) as opposed to fearing the home government. I expect the Trump Administration will be tougher about this and they will be looking for fraud, and so I would be careful about traveling (and look out for travel bans) and definitely have the RTD to re-enter the US. Take care, Jason
seven years (filed mandamus). I also have an approved I-140 through EB2 and am considering filing for I-485 based on the I-140 before filing based on my asylum approval.
I have two questions:
Does the grant of asylum erase the seven years I was without legal status/presence, given that continuously having the lawful status is required for Adjustment of Status (AOS)?
Does the I-94 issued with asylee status reset my clock as if I were newly admitted to the U.S., even though I never left the country?
I believe that if you now have asylum, you can adjust status based on the I-140, but I would double check that with a lawyer who does business immigration. I am not sure what you mean in terms of re-setting a clock, but you are now in status and the prior period out of status would not normally block you from adjusting status (getting a GC inside the US). However, it is possible you will need a waiver, if – for example – you entered the US illegally or previously violated a non-immigrant visa status. The waiver would generally be easier to get based on asylum, but again, it may depend on the case and you can talk to a lawyer about the best way to get the GC. Take care, Jason
Hello Jason,
I applied for asylum, and missed my fingerprinting appointment because they sent to the old address. The did send twice, 2 different dates but wasnt aware of it until I recently applied for EAD and was told my asylum clock is frozen. I was told by a locally notorio here that I cant reschedule if i missed twice, and would like to know if that is true?
Thank you
I am not sure about that. You can email the local asylum office to ask them. You can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
could you please let me know where I can located 1-485 version version 8/8/24? USCIS no longer has it but I think its easier to fill out for people who dont have a lawer to help them. Can I please email you if you have a fillable version?
I am not sure where you can find that, and the only forms I have in the old version are filled with client info, so I cannot send those, sorry. I don’t think the new form is that much worse than the prior version (though I do agree that it is worse), and if you read it carefully, you should be able to answer all questions. I do recommend that if there is no answer to a question, that you write “n/a”, as last time the Trump Administration was in charge, they rejected forms where boxes were left blank. Take care, Jason
Hi Jason, my asylum was finally approved nd I’m thinking to marry my girlfriend who is also an Asylee but was not part of my my case and only met after I filed for adylum.. Is it true I have to wait till I get my green card to be able to petition for her? Thank you
That is correct. Had you been legally married at the time you won asylum, you could have filed a form I-730 for her (to give her derivative asylum status based on you), but since you were not married, you now have to wait until you have the GC. Even then, she probably needs to leave the US to get her own GC through consular processing. I wrote about this issue on August 28, 2018 and September 6, 2018, but you would want to talk to a lawyer to see what is the best path for her given her specific situation. Take care, Jason
Hi Jason,
I am a Syrian national and a green card holder based on an approved asylum. The major factor in my case was the regime, which has been removed. I maintained my Syrian passport and USCIS knows the details of when and why I renewed it. Can I travel as a visitor to Syria? Will that cause issues to my immigration status?
Normally, given the regime change and the fact that you already have a GC, you should be able to return to Syria without any impact on your status in the US. However, it is unclear what changes Trump will make, and what countries will be affected by the anticipated travel ban, and so if you want to travel to Syria, I would either do it now and return before Trump takes office, or wait to see what changes Trump makes and then travel once you determine it is safe (or even better, wait until you are a US citizen before traveling). Take care, Jason
Luck Murray Osorio.. congratulations Jason!
Thank you, Jason
Congratulations, Jason! I wish you the best in your future journey!
Thank you and Happy Holidays, Jason
Hi Jason,
My brother sponsored my parents and they both got here. USCIS sent both of their permanent resident cards for dad and mom. We are pretty sure that all addresses are correct but USPS put my mom card in the mailbox but returned my dad card back to USCIS. When we are checking my dad case status, it’s showing that the card is being returned back to USCIS. Please file an e request to get the card back.
Do we need to call them or just send a request or if there is an email address?
This happens sometimes, and it is unclear why. You can file a change of address for your father through the USCIS portal. You can do that just to be sure the address is correct. If he does not have a USCIS account, you can either make one and file the change of address or use form AR-11, available at http://www.uscis.gov. The web site to submit a request to re-send is here, if you need that: https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init. You can call them as well, as that does not cause any harm, but it is very difficult to reach a person. it may be worth trying, just to try to understand what went wrong. Take care, Jason
Hi Jason. We are Asylee. My son is GC holder. He got marriage from my home country. He applied online form i130 in August 2023. 16 Months passed but no progress. We have checked online processing time lines but what is in your person experience? He applied from Texas and now moved to NC and changed address too. Will change of address dos low the case? So what is experienced wait time for approval from USCIS? any idea?
Moving should not affect the wait time. When a GC person files for a spouse, there is a waiting period – you can see that if you Google “DOS visa bulletin.” For that reason, USCIS does not process these cases very quickly. If you have the receipt, you should be fine. Take care, Jason
Hi Jason,
Congrats and best wishes for your new journey.
I have a few questions if you don’t mind me helping.
I was granted asylum in Immigration Court in August this year. I know asylees do not need an EAD to work but heard its good to have. My pending asylum EAD is still valid.
1. Should I apply for an new EAD?
2. If I do, should I select initial EAD in the I765 form?
3. The question about I-94 number in the form. Should I write my I-94 numbe4 from the time I entered into the US or the one that I received after my Asylum grant?
4. If I enter the new I-94, what should the answers to the subsequent questions be as this section says details of last entry in US.
5. Should I check the box to issue SSN? I already have SSN from my old EAD. Will checking this issue me a replacement card without the SSN restrictions on it?
Appreciate your help with this. Thank you.
1 – The first EAD based on asylum approved is free. You should have received that automatically, but if not, you can apply for it and it is free, so there is no reason not to apply. 2 – Yes, if it is the first EAD based on asylum approved, category a-5. 3 – If it wants the -94 from when you entered, use that, but if it wants the most recent, use the asylum I-94. Either way, include a copy of both I-94 documents with your application so USCIS has them both. 4 – If it about the entry, I would provide the entry I-94 and the info about how you entered. 5 – If you have an SSN, you should state that you do, and you do should not request a new one. Take care, Jason
Thanks a ton.
We are so grateful to Jason for this blog for these many years.If the court hearing was paused in decision due to fingerprint.How and where to contact to schdule a fingerprint faster.Court have given Jan 18,2025 for nxt hearing date.Please help.
Thanks
Very recently, they changed the rules and now fingerprints should be scheduled automatically. You can see that if you Google “pre hearing instructions in Immigration Court” and look at the PDF. You can also follow the link under Resources called DHS Office of the Chief Counsel (the prosecutor in the case) and contact them to see if they can assist. If the next case is an Individual, I would try to contact DHS, but if it is a Master Hearing, you can probably just wait until the hearing and ask about fingerprints at that time. Take care, Jason
Hi,
I’m applying for adjustment of status and there few boxes I’m not sure, what should I select.
Part 9, item 14,16, 18.
Thanks
I am not sure I can answer specific questions unless I know more about your case, and here, I would need to know what are the questions. Take care, Jason
Hi Jason and Asylum Community,
Jason, congratulations on joining Murray Osorio PLLC!
Last year, an Immigration Judge (IJ) approved my asylum case in Chicago, and I filed an I-730 petition for my wife. She was interviewed and approved in July 2024. Her case was administratively closed in Orlando Immigration Court by a judge in 2015.
Now, I have two questions:
1. Do we need to file a motion to terminate the proceedings?
2. Do we need to terminate her asylum case before filing for a green card, or can we file for a green card and terminate the proceedings afterward?
I would greatly appreciate any responses. To those readers who may have lost hope, I encourage you to NOT LOSE HOPE. My case was approved after 12 years.
During those long years, I often read Jason’s blog and held onto the hope that one day, my case would also be approved.
Happy holidays to all!
Best regards,
John
Thank you. 1 – Yes, but you may need to file a motion to re-calendar and then terminate proceedings. Maybe you or your lawyer can contact the local DHS (prosecutors) office to see what they say (you can find a link under Resources called DHS Office of the Chief Counsel). 2 – I think she cannot get asylum from the I-730 until the court case is dismissed, but I am not 100% sure about that. In any event, I think it is important to get the case dismissed, and so I would work on that. Take care, Jason
Congratulations Jason
Murray Osorio is an amazing firm! Congratulations on starting to work with them. I can personally attest to their excellence, as they successfully handled my asylum case and mandamus petition. you deserve the best!
That’s great to hear – Thank you, Jason
Congratulations Jason you deserve it
Murray Osorio Helped me with my asylum and mandamus case, They are amazing I love them my asylum was granted I am beyond grateful with them.
That’s good to hear – they seem very impressive and I am looking forward to it. Take care, Jason
Many many congratulations Jason. You have been blessing to all of us with detailed and thoughful responses.
I have a quick question. Now that medical is mandatory with I485, I was told today that of all tests that was good, I do not have immunity for Hepatitis B so I need a vaccine for that.
My question is, do I just need to provide evidence of vaccine for Hepatitis B along with failed result of immunity or do I need to retest and get negative result?
I am not sure about that, sorry. The doctor who did the exam should know the requirement. Otherwise, if the doctor gave you the sealed exam, you can submit it and if USCIS needs anything more, they will request that from you. Take care, Jason
Status returned to “ case is ready to be scheduled for an interview” for my I-485 application based on asylum. It has been 1 year since I applied. What does this status mean? In case of an interview, how should I prepare? Will it be the same as AO interview? How long may it take to get the interview day? Is it likely to be decided without an interview regardless of this status?
I think an online message like that has no meaning; it is just triggered by USCIS doing something internally. We see most asylee adjustment cases taking 1 or 2 years. Under the first Trump Administration, all such applicant were supposed to get interviews, and most actually did. The interview is more about the questions listed on the I-485, but they could ask about the old asylum case. If so, at least in the past, such questions were very limited. Even so, it does not hurt to review the asylum case before the GC interview. Take care, Jason
Hi Jason, I’m so happy to hear the great news! As someone who received incredible help from you and finally got my case approved after 7 long years, I can’t thank you enough. Congratulations!
Your kindness and selfless dedication to human rights and asylum applicants have always warmed my heart. You truly go above and beyond for others.
I’m so glad that now, someone like you—who’s always helping others—can get more support in return in your new firm. Wishing you all the best in this exciting new chapter! Happy New Year!
Thank you – I think moving so many cases is going to be a production, but once that is done, we should be in a much better situation. Take care, Jason
Helo Attorney Jason, congratulations to you on this wonderful move. This is the begining of a new chapter for you and I am very confident that it will turn out well for you as you are a good man and God will give back to you what you have been giving His children.
I have a quick question for you please.
my younger brother is fleeing persecution from the government of dictator paul biya of Cameroon. My brother believes in the liberation of the people of Ambazonia in a peaceful waay. He escaped his second arresr from government forces and is currently in Tijuana Mexico. He used the CBP one to fill out his details and was asked to come to Customs on 01/05/2025
1. Please what does this mean for him?
2.How and when should he apply for Asylum?
3. What documents should he prepare
Thanks so much sir Jason and God bless you
1 – It sounds like he made an appointment with CBP One to be processed for an asylum application. So you know, people who arrive at the border and who do not use CBP One are most likely barred from asylum, and so if he tries to come here earlier or go around the border, it will likely have a very negative effects on any asylum application. 2 – He will have to indicate his fear of return at the border and do a “credible fear interview” where they evaluate whether he has a claim for asylum (it sounds like he does). He should be prepared to explain why he needs asylum. He should also be aware that they will write down what he says, and if he changes his story later, it could have a negative effect on his case. 3 – If he has any evidence of his political activity or persecution, he can bring that. Also, if he has D documents, he can bring those also. Take care, Jason
Congratulations for figuring out a fresh way to do things in new year. I am the old backlogged asylum applicant and I have less contact with my lawyer. I might need your help to update my case as the incoming administration will most probably stubborn and might make the intial interview harder or fill the courts with conservative judges. So I would like to know if your new firm has any representative in western states (Under Los Angeles asylum office)?
Thank you
Thank you. The new firm does not have an office in LA, but they do cases all over the US. Also, if it is an asylum office case, it is easy to do one anywhere in the US and attend the interview remotely (which saves money). At the asylum office interview, the lawyer has a very limited role (take notes, make a very short closing statement), and so attending remotely is not a disadvantage. This is a bit different from immigration court, where the attorney does a lot more. Take care, Jason
Many many congratulations.
I have a quick question for you. Since there is a new version of I485 and after Feb 10, they will no longer accept the older version.
However, when I go to USCIS website, the only form available is the current one dated ’10/24/24 edition’.
Is there a way or location where I can get the form prior to 10/24/24 edition so I can use that instead of the latest one before Feb 10?
Thank you. I think you will have to use the version on their website. The only way to maybe get an old version is if you have immigration software that has that version, or if you can somehow find it on the internet. The old and new versions of the form are probably about the same, so you may be better off just using the new form. That way, if it happens to be rejected and returned to you after February 10, you can just make corrections and re-send it, rather than fill a whole new form. Take care, Jason
Thank you Jason
The reason for using old form is due to other A number question in new form. I had a A number 14 years ago as a student when I got ead but I can’t find it so if I use old form, I don’t have to find that information.
Do you know the form edition number used prior to the current version?
You can just include a note in the cover letter or the supplement page indicating that you had an A number as a child, but you do not now have that information. It would be good to tell USCIS about the prior A number, in the hopes that it will avoid confusion in the future. I do not know the old form edition number, sorry. Take care, Jason
08/28/24
Hi Jason,
First of all congrats on your new path.
I applied for Advance parole before my interview and now i am waiting for the results of my interview but my advance parole was approved today. If my case is approved do i still have to apply for a different travel document or i can still use the Advance parole while waiting to apply for my green card. Thank you
Thank you. As long as your asylum case is pending, you can travel with AP. The danger is that they will make a decision while you are outside of the US. My guess is, even if they do that, you should be able to return on AP. However, technically, if a person is in removal proceedings and they leave the US, it could be considered that they deported themself. I do expect you would be able to get back with the AP document, but I am not 100% certain about that. Also, we are expecting travel bans once the new administration comes into office. If your AP was not based on asylum pending, but rather the GC pending, I think there is less to worry about, but for all these reasons, you may want to travel soon and return before the new administration takes office. Take care, Jason
You are not just a lawyer; you are a God-sent immigration warrior, a beacon of hope for the most vulnerable individuals during the most critical and challenging periods of their lives. Asylum-seekers face overwhelming fear and uncertainty almost every day throughout the process, yet your unwavering presence and readiness to provide expert advice at a moment’s notice on your blog—without expecting anything in return—offer them comfort and reassurance beyond measure.
Thank you for the kind words. Take care, Jason
You were an extraordinary attorney, I’m your old client, you successfully represented my family and our asylum got approved and relieved from longterm stress and anxiety, I can’t thank you enough.
Congratulations for your new adventure, does that mean you are merging with the new frim, are you going to keep your office at L st,in DC?
Thank you – I will mostly be working out of an office in Silver Spring, but we will still have the DC office for a while. Take care, Jason
Congratulations Jason! I wish you the best of luck in your new partnership with Murray Osorio PLLC. Thank you for helping us through our immigration process. Happy New Year to you and your family!
Thank you – Happy New Year to you too. Take care, Jason
If i already filled up and ready to send my old GC application, should i change it for a new form?? Technically they will accepted till February 2025.
Not a lot of new information relevant to asylees, more like about public charges in the new form.
It’s up to you, but we have sent the old version of the form many times, and as long as USCIS receives it before the date that they no longer accept that form, it should be fine. USCIS frequently changes their forms, with little real change except to the edition date, and so this issue comes up a lot, but if you get the form to them during the period when they accept the old version, it should be fine. Take care, Jason
I attended my interview this month, can discrepancies in visa application affect Asylum application. The below are USCIS QUESTIONS and my Responses. What should I expect, will my Asylum application be approved
1. Business name put in visa application, not the religious name you worked for, why?
2. Visa application stated you traveled to Ghana, which was not mentioned in the asylum application. Why?
3. Visa application completed by you, not agent, but you mentioned earlier that the agent was the one who completed the visa application for you?
4. The visa application you submitted mentioned Olabisi Onabanjo University, which was not in the asylum application. Why?
Response by Me:
1. I only included my business name because the visa application asked for only one option in the visa application and the agent said I can only include one as long I am not going to US to preach and that was why I put my business name instead of the religious organization where I was working.
2. I do not remember the Ghana I visited because it was a long time.
3. I worked with an agent in my church who helped people to travel to complete the visa application we completed it together and that was why I put in the visa application that I did it myself while talking to you I said I did with an agent because he sat by my side while completing the visa application.
4. I included the university I went related to my visa application because it was part-time and I do not include it in my Asylum application because I only put all my seminaries schools because that is what I believe was relevant to my Asylum case.
Discrepancies or misrepresentations on a visa application can affect an asylum case, as those could cause the asylum office to find that you are not credible (not telling the truth). If you were not credible on the visa application, they may consider you not credible for the asylum case. That said, these do not sound like major issues and your explanations all seem reasonable, so hopefully, this will not affect credibility. Also, in general, if a person lies on their visa application because they need the visa to escape persecution, that would not normally be a basis to deny asylum – there is a case on this point called Matter of Pula. I am not sure that case applies in this situation, but if you needed the visa to escape persecution, it may help your case (asylum officers are generally aware of this case). Take care, Jason
Thank you so much for the prompt response and for what you are doing for humanity, our GOD will definitely and automatically reward you, I am confident for my asylum approval by GOD’S Grace. Congratulations Jason, on the next step in your professional journey. I wish you the good things to come in Jesus Christ Name, Amen.
Thank you – and I hope you have success soon with your case. Take care, Jason