Seeking asylum in the United States can be a long, difficult, and confusing process. Even if you have a lawyer to represent you, navigating the asylum system can be a challenge. Asylum law expert Jason Dzubow has helped hundreds of people obtain protection in the United States. Since 2010, he has been writing about asylum issues and answering questions on his blog The Asylumist. In this new book, The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity, Mr. Dzubow has collected his most helpful and popular blog posts, updated them, and sorted them by topic.
This book covers issues such as presenting an effective application for asylum and avoiding common pitfalls, alternative paths to obtaining legal status in the United States, how to work effectively with a lawyer, and how to find a pro bono (free) attorney to assist with your case. The Asylumist walks you step-by-step through the process at the Asylum Office, the Immigration Court, and the Board of Immigration Appeals, and helps you better understand such issues as traveling outside the U.S. while your case is pending or after asylum is granted, working with an interpreter, and how to deal with delay.
Mr. Dzubow also provides advice for lawyers interested in an asylum law career and discusses how the Biden Administration can improve our nation’s dysfunctional asylum system.
Whether you are thinking about filing for asylum or already have a case pending before the Asylum Office or the Immigration Court, The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity will help you better understand the process and will empower you to present the best possible application for protection in the United States.
To learn more or purchase a copy of the book (paperback or e-book), please visit The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity.
For media inquiries, please contact Mr. Dzubow at JDzubow@DzubowLaw.com or (202) 328-1353.
All profits from this book will be donated to asylum-related non-profits.
Praise for The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity
“[A]n essential ‘problem-solving tool’ for asylum applicants, attorneys, policy makers, and anyone interested in ensuring that asylum seekers obtain the protection that they need and deserve….” Paul Wickham Schmidt, Former Chair, Board of Immigration Appeals
“Jason Dzubow is a thoughtful and balanced voice…. he offers pragmatic advice and valuable insights on asylum and many other issues in the immigration arena.” MaryBeth Keller, Former Chief Immigration Judge of the United States
“Providing life-saving information to asylum seekers…. Accessible and easy to digest….” Léonce Byimana, Executive Director, Torture Abolition and Survivors Support Coalition International
“Jason’s clear, practical, and often-times-entertaining approach to explaining the U.S. asylum application process is both helpful and refreshing during a time of chaos and dysfunction for those seeking protection in the United States.” Dree K. Collopy, Author of AILA’s Asylum Primer
“Written by one of the nation’s foremost experts on asylum law, Jason Dzubow’s The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity provides clear, straightforward advice on how to navigate all aspects of the asylum process in ways that maximize the possibility of success.” Kathy Doan, Executive Director, Capital Area Immigrants’ Rights Coalition
“Jason Dzubow… has managed to make the labyrinth of US asylum law clear and approachable with procedural insights and case anecdotes that make the reader feel not just enlightened but represented…. The plain speaking in this manual is both accessible and inspirational, with uplifting reminders about why we open our arms and hearts to those seeking protection from persecution in other lands.” Judith G. Edersheim, Founding Co-Director, The MGH Center for Law, Brain and Behavior, Harvard Medical School
“[O]ne of the country’s top experts in asylum law shares his knowledge in a readable and easy-to-understand format.” Ahmad Sear Zia, Anchor and Editor, Voice of America
“Having been both a Supervisory Asylum Officer and an Immigration Judge, I can attest that he touches on the most crucial issues for anyone navigating our government’s asylum process.” Judge Paul Grussendorf (Retired), Author of My Trials: Inside America’s Deportation Factories
“This book contains helpful practical advice that will benefit asylum seekers, attorneys, and law students.” Stephen Yale-Loehr, Professor of Immigration Law Practice at Cornell Law School and Co-Director of the Cornell Law School Asylum and Convention Against Torture Appellate Clinic
“The Asylumist synthesizes a wealth of information and perspectives from Jason Dzubow’s many years of work as a recognized advocate for asylum seekers. It is sure to become a valuable, go-to resource.” Katharine Clark, Managing Attorney for Immigration, Ayuda-Maryland
Thank you for being there for us Jason, God bless you.
GMBJ
Hi Jason,
I applied for EAD on 08/14/2017. Unfortunately, I was sent a denial notice which was returned to USCIS for failure of delivery by USPS, though I used the same mailing address hitherto. During a call to NCSC on 10/11/2017 to request for a copy delivered on my updated mailing address, I was assured that my request will be reviewed and processed within 10 days . After about 17 days I received no mail, I then booked appointment on Infopass to my local USCIS where I was told that my application was denied because I applied after 145 days on the clock. The officer then advised me to reapply. But I am worried can really apply without reading the denial letter as whether there are additional reasons for denial? Pls I need your advice.
GMJ
It would be better to see the denial letter, but it sounds like you won’t get it, and it is normal to deny an EAD if the person files before 150 days. Probably your best option is to apply again. Make sure to note that you previously applied on the I-765 where it asks about that. Take care, Jason
I applied almost 3 years ago but not yet interviewed.Can I expect from USCIS for early interview ?Do you think if I send a requisition for my interview it will negatively treated
You can try to expedite – I wrote about that on March 30, 2017. There is no harm in trying. Take care, Jason
Hi Jason,
I applied for my third EAD but i havnt got it yet. It has been already over 100 days now. My EAD will expire in 3 days. In their website I read the EAD will be automatically extended for 6 months if I meet the requirements they listed. Does it mean I dont have to worry about working until i receive it?
Thanks
We are seeing renewals take longer – 4 or 5 months and sometimes more. The old EAD was automatically extended – I did a post about that on January 25, 2017 with links to the relevant government websites. Take care, Jason
Hi jason,
I am an India, 29 years old, unmarried, came to the USA the first week of this month on a visit visa (b1/b2) my I-94 is valid for 6 months and I am a severe stutter. I wanna petition for asylum. am I eligible for asylum here if yes, then which category I fit?
if no, is there any benefits here in usa for speech disorders???
Please let me know, waiting for your response.
thanks in advance.
If someone will harm you in India due to the speech disorder, you may be able to qualify for asylum under the “particular social group” category (this assumes that other people with the same problem are being persecuted). You also have to show that you cannot safely relocate in India and that the government will not protect you (among other things). I do not know about benefits for people with speech disorders. Take care, Jason
I appreciate your response. Do I need to submit any documents for claiming Asylum and what are they?
how many years it takes to get approval and any work permit ???
The main asylum form is the I-589, available at http://www.usics.gov. The instructions will tell you about how to present a case and what documents are needed. You can file for a work permit 150 days after the government receives your asylum case, and then it takes another 3or 4 months to get he work permit. How a case will take, no one knows, but you can get an idea if you check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
On June 14th, I sent my application for asylum (I-589) along with all the evidence to the Texas Service Center and it was received on June 16th at 4:45 PM as per USPS tracking tool. As of today, I have not received any confirmation from USCIS that my case was received. Because of that, I call to USCIS and they recommended me to send an email to the asylum office at Houston TX. I sent the email on July 24, requesting information about my case, but I haven’t received a response so far. Could you tell me what to do? I am very concerned for that. I appreciate your help. Best regards.
You certainly should have the receipt by now. One choice is to re-file the how case with a cover letter explaining what happened. You can also do a Freedom of Information Act request (form G-639, available at http://www.uscis.gov) to get a copy of your file, but this will take several months. Also, you can email the local asylum office and see whether they can help you. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
What I mean sir, is that, if in the course of my application for asylum, I enroll in a college and graduate as a Registered Nurse, given the fact that there is a Green Card programme for RNs and MedTechs in the States, Can an interested Hospital or Agency who need my service sponsor me, for a Green Card, without me returning to my country of origin? Secondly, if in the course of pursuing for instance an undergraduate programme for which I have been admitted after applying for an asylum, and my asylum request is turned down, will I be allowed to complete my programme before leaving the States? I will greatly appreciate hearing from you.
I cannot answer, as it depends on your situation – when you entered the US, your immigration status, whether your status expired. You need to go over these specifics with a lawyer – it cannot be answered here. If your asylum is turned down, your case will probably go to court (again, depending on your immigration status), but if you are ultimately ordered deported, the court will generally not allow you extra time to finish your studies, but you can ask, and maybe they will allow you the extra time. Take care, Jason
Sir, I am impressed by your great work towards addressing this pressing issue of asylum. Thank you and God bless you. I want to know if an asylum applicant, who has been trained as a registered nurse while his application is pending, can be sponsored for a green card by a hospital? Does the person need to go back to his country of origin before he can be sponsored, or can he remain the US while his prospective employer is processing his documents?
I do not know about licensing for nurses, but in terms of immigration, you would have to leave the US and get your green card or H1b overseas unless you have some lawful status here aside from “pending asylum”. So in other words, if you are currently a full time student with a valid H1b, you can change status. Otherwise, you have to leave and re-enter, which may or may not be legally possible. In short, talk to a lawyer about your specific situation before you start this process, so you can be sure that it is possible to complete the process. Take care, Jason
Hello Sir
For security reasons I can’t mention my name here, I am 29 years old male, Afghan atheist, living here in Afghanistan where atheists are killed for being atheist, in this country religious extremism are very dangerous, I would be killed in no time if people get to know about me. currently I am working here and looking for asylum in any country, please help me and let me know what is the procedure ? if i leave the country and register at UNHCR in bordering countries, will UNHCR accept my case and how long do I stay there ?
A person can only seek asylum if they are outside their home country (though there may be other programs available, such as the SIV program for people who assisted the US effort in Afghanistan). If you can get to a country where you want to seek asylum, and the country offers asylum, you can apply. Of course, it is difficult to get a visa. As for the UN, I do not know much about it. There is an organization in Egypt that helps with such cases, and maybe they can offer you some advice: http://www.stars-egypt.org/. Good luck, Jason
Hi there , My question is that are the Pending Asylum cases are gonna be reheard soon. My case is in court and date got extended to Nov 2019 .
Court cases depend on the Judge. You can try to advance your case – I wrote about that in a posting on April 20, 2017. Maybe that would help. Take care, Jason
Hi Jason I have question about my case my court date was 10th may 2017 this was my master hairing in New York but now I am living in California my attorney said you don’t need to come now I wondering when my next hairing I am worried cuz I did not attend my master hairing
Maybe your attorney changed the court date and location, but I am concerned that the lawyer did not explain this to you. You should call the court hotline – 1-800-898-7180 and type in your Alien number (which appears on your court notices and your asylum receipt). Follow the instructions and then type in “1” and the computer will tell you your next court date and where the court is located. Take care, Jason
Hello!
I have a family member from Turkey who is Kurdish who has a pending asylum case. He has maintained his F-1 status since he entered the United States and applied for asylum. He has since received his EAD. He has now acquired a business and would like to apply for an E-2 visa. We are wondering if he should withdraw his asylum case (we live in Los Angeles and the backlog is quite large) in favor of the E-2 visa. Do you think it will hurt his E-2 visa application if he keeps the asylum case? I have read some places that USCIS wants to see proof that the business owner has plans to return to their country one day and I worry that the asylum case will hurt the E-2 application in this way.
Sorry, I do not know about this. Some visas (H1b, L) are not normally affected by asylum cases. Other visas (B, F) are affected. He should talk to a lawyer to guide him through the process. Take care, Jason
Ok, thank you!!
So I have a client that wishes to apply for assylum from Venezuela. Her husband is a sympathizer for the government there. Would she need to file for a divorce in Venezuela before she applies for assylum or can she dissolve her marriage here in the US then apply for assylum?
I do not know much about divorce law, but she should be able to file for divorce here. There are procedures for notifying people overseas. Talk to a lawyer with experience in international divorce law. Take care, Jason
Hello Jason
Thanks again for your help. I have a question, I’m an asylum seeker and my statut is pending since 2015. I want to know if I can go to college, register to some classes because I want to be a teacher, I have my work permit , ssn, and driver license.
Thank you because I want to do it this fall
Most colleges will accept people who have an EAD, though you probably have to pay in-state tuition. Talk to the college to be sure. Take care, Jason
Hi Jason
at the time of applying for asylum my lawyer told us there is no need to submit. He told we can submit the story whenever we will get the call for interview. I am not sure whats the process and will this have any impact on our case which is based on honor killing in the country we moved from.
We do not submit out clients’ stories until shortly before the interview. Different asylum offices have different rules. In our office, we must submit the story and evidence at least one week before the interview, but you would have to check your local asylum office for the time frame. You can find their contact info of you follow the link at right called Asylum Office Locator. Take care, Jason
will like to sign up
Hi Jason,
Very urgent brother!
First of all thanks for the informative blog.
Jason my question is that I lost the 3 barcodes sheet that comes with EAD. On that it was written that save this notice for extension open renewal of EAD.what I can do now. I lost that in shifting. How I can renewal my EAD. Totally depressed nd dishearted.plz help me plz
No one cares about those sheets. They’ll still renew it if you’re eligible.
Is there any way to get healthcare benefit for my daughter (5 years old) like medicaid or any other when my asylum case pending. I applied EAD last month.
I do not know of a way to do that, but you might want to contact the local office of Catholic Charities (you can Google “Catholic Charities” + the name of your city). They might know more about public or other benefits, and they help everyone who asks, not just Catholic people. Take care, Jason
My husband applied for asylum in Dec 2016 while i was the main applicant on pending E2 visa case , my husband was also included in my E2 case when he applied asylum on certain grounds before his one year entry time and he didn’t include me and three of our children in his asylum case. Now the situation is that my E2 visa application is denied , will this put any negative impact on my husband’s asylum case and also at this stage can he include me and our three kids in his asylum case.
I doubt the E-2 denial will affect your husband’s asylum case (unless you were denied for being a terrorist or some reason like that). If you are in the US, you and the children can be added to his case. If you contact the asylum office, they should be able to tell you about the procedure to add relatives to the asylum case. You can find the Asylum Office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
My husband and I filled the asylum petition in 2014. We got employment authorization documents and waiting for the interview.
Unfortunately, he disappeared, wants to file a divorce and doesn’t want to talk to me.
So I don’t understand what should I do. Can he withdraw me from his case before our divorce? Am I still eligible for my EAD renewal which should come in the next few month?
What are the best steps for me now?
Thank you,
E
It sounds to me like you are the dependent and your husband was the main applicant. If you are still part of the case, then you can file to renew your EAD. If you get divorced, you will no longer be part of the case, and so you may need to file your own case (if you have a basis for asylum) or find some alternative plan. I recommend you talk to a lawyer to go over your options. Also, a person is required to file for asylum within one year of arriving in the US. I think the fact that you were a dependent on your husband’s case will count as an exception to the one-year filing deadline, but you should take action as soon as possible in order to avoid a problem with this rule (and if you wait too long, you could have a problem). Talk to the lawyer about this point as well. Take care, Jason
Jason,
thank you! but can he remove me from the case before the divorce?
I do not think that would be easy, as the asylum office is not that responsive, but I have never tried it for a client, and if it is his case, I imagine he has the authority to remove you from the case whether you are still legally his spouse or not. I do think you need to talk to a lawyer and make some decision about what to do, in the event that you are removed from his case. Take care, Jason
Dear Jason:
Arrived from Venezuela three months ago to NYC with my spouse and four kids under 13 years old, youngest two are US born, escape from race discrimination and fear for my life, I graduated college in NY class 94 with BA degree, went back to handle family business and work as a banker last five years, but due to economic hardship fear for life & family, I decided to come the US. Got no much of proof only my true testimony. Looking to apply for Asylum in NYC, any lawyer you recommend that can charge a reasonable fee? Keep up your great blog and kindness in helping people seeking Asylum. God Bless you!
Best Regards,
Ernesto
I can’t really recommend lawyers on this blog. You might try contacting AILA (American Immigration Lawyer’s Association) – they have a referral service. Also, maybe try some big non-profits, like Catholic Charities. They may be able to recommend private attorneys too. Take care, Jason
Hi Jason & Todd Plitcher,
I want to make an appointment with your goodself. I am trying to reach but phone transferring on recording. I will available anytime. Thanks
M. Hussian
If you left a message, we will call you back. I was not in the office today. Take care, Jason
Please put me on the subscription list. Thanks
sorry – We do not have a subscription list, Jason
Hi Jason,
I am in California with a pending Asylum case (religious based) was placed in April 2016. My attorney has recently requested my work permit after completion of 150 days. Do you have any idea about the work permit issue processing time?
Thank you.
Alec
I have heard from people in California and it seems to be faster there – maybe 1 month, though it might have slowed down again. Where I am (East Coast), it takes about 4 months. Take care, Jason
I am inquiring about legal assistance seeking CAT relief for my partner, Marvin, who has been in Florida State Prison for 12yrs and is indigent. ICE has served him a NTA in which they stated in pertinent part:
1. He’s not a citizen of the U.S.,
2. He’s a native of JAMAICA,
3. He was admitted to the U.S. 10/27/1974 as an LPR,
4. He was convicted 11/11/11 of Armed False Imprisonment (15yrs), False Imprisonment(5yrs), Battery(1yr), and Aggravated Assault (5yrs),
5. He was convicted 2/7/07 of possession of firearm, and carrying concealed firearm
He is subject to removal from the united states pursuant to section 237(a)(2)(A)(¡¡¡) of the immigration and nationally act and section 237(a)(2)(C).
Marvin is currently in Florida State Prison. His release date is fast approaching and he needs legal assistance in filing the appropriate forms/motions for CAT relief as a gay Jamaican man who would be subject to arrest and imprisonment in jamaica for being gay.
If you can help please contact me:
Phillip Navarrete
954-655-9538
This case is extremely difficult to win for CAT. He has not been to Jamaica in 40+ years and he has very serious convictions. I doubt it is worth the money to hire a lawyer for this; he is probably better off using that money to help re-settle in Jamaica or some other country. In any case, if you want to fight to keep him here, he is better off with a local lawyer, not someone like me, who is too far away. Take care, Jason
Dear Jason,
This is Neema. I have a concern about my Asylum Case which is pending is San Francisco Asylum Office for past 3 years. I have applied back in 2013. I got interview date after 1 month of applying. I went to interview. Interview was conducted. I received NOID . I sent rebuttal as well as extra supporting documents. I have been inquiring in the office for last 3 years. They used to say they are doing security and background check every time i went there. Finally I decided to email the director of Asylum office but I did not hear anything back. Last month I went to the office again to inquire about my case. The Supervisor told me that just one week ago my case has been moved to the decision making table. He said I will get my result in 3 to 4 weeks in mail. If I do not get the decision in mail,he told me to come back to the office. I did not receive any result. I decided to go back to the Asylum office to find out whats going on? The supervisor told me that my case is still in the review process and they can not tell me anything about my case. Now I am confused as well as frustrated what’s going on with my case . Last month the supervisor told me one thing and now another supervisor is telling me another thing. Is there anything I can do in this moment. Please advise me Jason. Thanks.
Unfortunately, this is a common story. People often seem to get conflicting information from different officers. You can inquire through the USCIS Ombudsman (a link is at right). That office may give you more accurate information, but it will likely take a few months. Also, you might consider a mandamus lawsuit to force them to make a decision – that may be expensive and somewhat risky (the decision could be “no”), but it is likely a way to get the case moving. Anyway, before you do that, try the Ombudsman. Good luck, Jason
Thanks for your input Jason. I just recieved a fingerprinting from USCIS today. Do you think its a positive sign on my case or is it just a normal routine.Thanks.
We have seen it both ways – hopefully, it means you will et a decision soon, but it does not always mean that. Take care, Jason
Thanks Jason for the response?
Hi,my family and I have been in Maine since December ,we wanted to transfer to another state.will I get benefits moving the case to a state that takes a shorter time to approve cases since Maine has a growing backlog of applications
Maine probably interviews in Boston, which is a sub-office of New Jersey. My opinion is that you cannot rely on the scheduling bulletin to predict how long you will wait (I wrote a blog post touching on that point on Feb. 25, 2016 that may be helpful). Take care, Jason
Hello, Mr. Jason! Please tell me, what docs should i prepare for the short list?
Your entire case should be complete and submitted to the asylum office, then you have to contact the local asylum office and ask them to put you on the short list. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Got it, one more question- if I move my case from local office (Atlanta) to main office (Arlington) will it cause delay ?
It should not (according to USCIS), but you never know. I would contact the new office to make sure your case was transferred and that you are in the queue. Take care, Jason
Thank you! Wish you all the best!
Good morning!
I have two questions for you :
1. Should I receive the “Acknowledgement of Receipt” from Arlington AO as I have submitted my entire I-589 two weeks ago?
2. My mum is 73 yo visually impaired , she is almost blind , may I include her in my case and ask AO to expedite my case?
Sorry, I didn’t mentioned that I have submitted I-589 for short list
If you are filing a case for the first time, it should go to the Service Center in Texas, not to Arlington. If you put your name on the short list, you do that in-person or by email, and they usually let you know that you are on the list if you send it by email. As for your mother, she cannot be in the same case with you unless you are under 21 and unmarried, and she is the main applicant. Otherwise, you are her would each need to file your own case. You can tell the Asylum Office to keep the cases together, and certainly you can accompany her to her interview. I suppose you can ask to have your case expedited because of her, but whether her disability is a good reason to expedite, I do not know. Take care, Jason
Hi Joson,
Thank you for this Amazing Blog!
I am a student in VA and I wanna transfer to Orange Coast College in LA in order to transfer to UCLA. But I have been waiting for my first interview since December 2014. Do you think the USCIS will know if I attend school in LA without changing my address?
They will ask you at the interview to update your I-589, including your school, so they will know. It is possible for a student to keep a permanent address and go to school at a temporary address. You should have evidence that you have not abandoned your old residence. You might also want to talk to a lawyer about the specifics of your case to be sure. Take care, Jason
Funny that, NOT EVEN WIKIPEDIA show true about those who need asylum or are dissident FROM United States.
Wish by the way, US own society increase emancipation from this country since Barack Obama and even more many VIP publicly Claim [very hide by US Media] their decision to exile FROM United States if this new awful hatred comedian Donald Trump became president.
Hi Jason;
I’m an Iraqi Asylum seeker. can you please refer me to a good asylum attorney in Houston Tx who capable of representing Iraqis cases. FYI, I already met Yvette Mastin. thank you for your help in advance.
I do not know anyone there. You might try contacting a large non-profit, like Catholic Charities to ask them for a recommendation. Good luck, Jason
HI,
I applied asylum on 2014 in Boston. Im waiting for my interview. I have some question regarding my asylum.
These are my current condition.
1. I have applied for the TPS and still not got approved letter.
2. i applied political asylum after six month and before 1 year.
3. Right now im working as chef.
4. The restaurant is ready to sponsor for me.
5. Im waiting for my interview.
In this situation, What should i have to do? Can get sponsor from my working restaurant? Can i get advance pay roll to travel outside US?
You can get Advance Parole if you have a humanitarian reason. The form is the I-131 available at http://www.uscis.gov. The restaurant can sponsor you, but probably you will have to leave the US and return to get your green card (though if the TPS comes through, maybe not – I do not know). In any case, you should talk to a lawyer to guide you through the process, as there are potential problems, especially if you have to leave the US and return. Take care, Jason
Hey Jason
Well the information that u r giving is very helpful ..
My question is I have an f 1 visa but I didn’t attend or go to school but I have applied for political asylum due to situation in my country . Will the immigration officer ask why I didn’t attend school ?
Thanks .
Probably, and you should be prepare to explain why. If you have a reasonable explanation (like, I was fleeing my country and I used the F visa to escape), you should be alright. Take care, Jason
hi jason my name is rehana and i gave birth to my son in usa on visit visa and still i have four years of my visit visa left. i want to know that can i come to us in this period of time if i went back before the expiration of my stay and come again or not and secondly can i get us visit visa again? thanks
Sorry – I only discuss asylum cases on this blog. Take care, Jason
Dear Jason,
I am an asylee from Russian Federation. I also have a pending I-485 application for a green card. I need to travel abroad (not to the country of persecution or any close to it) urgently. I have been in touch my congressman’s office who helped me expedite my application for a Refugee Travel Document. According to them it is currently being printed and it will be mailed to me by the end of this week.
My question is whether I can leave the country with my national Russian passport before the RTD arrives. My plan was to have my friend mail it to me by the time I have to travel back to the U.S. Aside from the risks of having the RTD lost during mailing, what are the other risks, if any?
Many thanks in advance!
I am not sure whether it is legal to mail a travel document, but other than that (or losing it), I think you will be fine. To protect yourself, make sure you have evidence of the reason for travel – for example, if it is a medical emergency, get a doctor’s letter. Also, in case you do not receive the travel document, you should bring a copy of your asylum approval and EAD, so that you have something to show at the border when you return. And of course, keep an extra copy of those documents somewhere safe as well. Take care, Jason
hi Jason ! I am in F1 status. I came here 2012 still my f1 status is active . I am graduated and I already applied for OPT but some how they denied my opt March 2016 they told me i cannot appeal but i can do reopen my case like motion . So now i can not enrolled new school because of my SEVIS and I-20 shows course completed so i have to do reentry for new I -20. So in this case can do asylum ?let me know plz
If you have been in the US for more than one year (since your last entry), it could be more difficult for you to get asylum. If your status expired in March 2016, and you want to seek asylum, you should do so as soon as possible. Asylum seekers are required to seek asylum within one year of arrival or meet an exception to this rule. If you are “in status” you meet an exception. Now, it sounds like your status has expired, so you should apply as soon as you can. Maybe you meet another exception to the rule, but I do not know. You would be wise to talk to an attorney about this. Good luck, Jason
Hi, i am syrian mother of 4 kids, last one is american, me and my kids apply for asylum in august 2014 and had interview in last April 2015 and till now no reply. my husband is in gulf country and try to apply visa to visit us and rejected. what shall i do to check my case status and joint my husband to our case?
You can only join your husband to your case if he is in the US. If you win your case, you can file an I-730 form to bring him here. It is difficult to get a US visa, especially if your spouse has applied for asylum. If he can get a job offer here and apply for an H1B work visa, that might be easier. Good luck, Jason
Hi Jason,
So glad that I find this site, my situation is quite complicated…
Let me start with my background. I’m from Hong Kong and I came to the US in Jan 2013 with student visa. In 2014 Umbrella Revolution happened in Hong Kong, and the situation was bad, so I filed my political asylum in Jan 2015. I completed the biometric collection, but I haven’t heard anything of my case since then. I got an intern job with my OPT in May 2015, it expired in Oct but I have my work permit under my asylum application (over 180 days). This company want me to move back to Hong Kong and work at their Hong Kong office. However due to recent event happened in Hong Kong, I don’t want to withdraw my application, but I have to move back since I cannot put my life on hold forever… Is there a way I can move my case and have interview in the Consulate General in Hong Kong?
Thanks a lot!!!
I know of no way to do that (you have to be present in the US to do an asylum case) and generally, if you move back to your country, USCIS will deny your asylum case unless you can provide compelling reasons to go back – and I doubt a job offer would constitute a compelling reason. You might think about alternatives to returning to the US at a later time (H1b visa, L visa, for example). Take care, Jason
Hi Jason,
I filed for asylum in August of last year and till now I haven’t received any receipt number from or even my application back from USCIS or the Asylum office. I went to the asylum office multiple times to inquire about the status of my application and was finally told that the office was working on my case and that they would get back to me once they hear anything. I have to check back again with them either in person or over the email in February but I am apprehensive because I know I should atlas have received a receipt number from them. I also need to apply for a new passport from my embassy but I can’t until I get my fingerprints done which won’t happen because I didn’t get a receipt number. Would appreciate some insight.
Thanks
If someone told you they are working on your case, they should at least give you an Alien number, which would be solid evidence that the case was received. I would contact them again on this point. Also, I would do a Freedom of Information Act (FOIA) request using form G-639 (available at http://www.uscis.gov). That may take some time, but hopefully you will receive a copy of your application and the receipt. Good luck, Jason
Hello,
Please let me know of any U.S. attorneys that can help with political asylum FROM U.S. to Europe?
My home & retirement were stolen as part of a massive fraud foreclosure scheme – involving dirty police and judges. I have videos of dirty police threatening me with felony arrest.
FBI & IRS know about the fraudulent foreclosure racket, however, they are probably “in on it”.
I will be very happy to leave this country asap.
Thank you, kindly, for any help you can provide.
I do not know of such a lawyer, and probably you need to talk to a lawyer in the country where you plan to go. I do highly recommend that you talk to the lawyer before you make any plans to travel. Good luck, Jason
Jason, thanks for maintaining such a great blog. I am currently researching a project for which I am having trouble finding any information and wanted to know whether you, or any other readers, can help. Do you happen to know of any resources or statistics on overseas asylum requests or parole?
Thanks,
Drew
I am not sure what you mean – to request asylum in the US, you must be physically present here. Do you mean people who are requesting protection at a US embassy?
Curious to hear your take on this — African Americans claiming asylum in Africa? Does this have any merit?
https://www.change.org/p/african-governments-please-give-asylum-to-african-americans
There was an interesting Washington Post op-ed recently about whether African American might qualify for political asylum. I have my doubts about whether most African Americans would qualify under international law (though some surely would qualify). I will check out the article if I have time – Thank you, Jason
hello . my name is aymen i have 19 years old I’m from Algeria. I’m suffering because i am gay I can not take it any more .Be beaten. And humiliation. And verbal abuse. Narrow everywhere in school street store i have no friends . I had a fight with my family they said you are sick you are abnormal bringing out many ideas about suicide .I read all the countries of human gay recourse social security and associations to help them Please help me, I want a better life in other country ( refuge) please help please . Sorry for spelling errors do not speak English well
If you are in the US, you can apply for asylum, and it seems you will have a strong case. There is an organization called Immigration Equality that might be able to help, or you can hire a private lawyer (like me),. Good luck, Jason
dear Atty. Dzubow, my name is erick, and I am a naturalized citizen from Peru since three years ago. I happened to visit your blogging website last day when checking on various articles concerning our country’s beleaguered immigration courts. I am very curious on this: what is the story of the immigration court system and is it viable to have an independent immig. court system?
best wishes.
erick
There could be books written on that subject. Many judges want the courts to be independent (currently they are part of the Justice Department). I think that might help a bit, but the main problem is a lack of resources. I have written before about some ideas to improve the situation without additional money, since I think additional money is probably not coming anytime soon, and given that immigration is pretty specialized, I tend to think that it is a good idea to have a separate immigration court system.
Dear Mr. Dzubow,why USCIS offices,except those inside federal buoldings,have security screening checkpoints whereas social security and veterdan affairs do not? I have tried to find information regarding the history of our immigration courts,by the way.
I have no idea, and I am not sure where you can get such information.
Thank you so much for this website !!
It helped me tremendously.
I did have a question as a Jew I have persecuted in my home country. I’m afraid to go back and don’t want to anymore.
Is asylum the way for me and my spouse ?
Thank you again
Thank you. It could be an option depending on your situation. You are welcome to call me if you want to discuss. Good luck, Jason
Mr. Dzubow, thanks for the amazing and at the same time very informative resource where I could find answers on many questions.
Hi, I really like your blog, it has been very informative… I’m currently in backlog and will probably have to wait a long time since my case entered the system on January, 2015. I found out about that thanks to your blog.
Thank you,
Anabella
At last, a sane and articulate blog on asylum issues. Good for you!
I’d like to draw readers’ attention to my new book, “Give Refuge to the Stranger: The Past, Present and Future of Sanctuary” (Left Coast Press, 2011). It traces the history of sanctuary and asylum from their prehistoric origins to present-day asylum policies and grassroots sanctuary movements. I wrote it to inspire and encourage people who are working on behalf of asylum seekers and refugees.
I’m available to give talks about the book in the Washington, DC, area and beyond. The next one, cosponsored by a local Amnesty International group, will take place at Kensington Row Books, Kensington, MD, September 15 at 7:30 pm. I hope to see you there.
Am following you on twitter and larned about your sylum work representing Mexicans. I am an immigration atty in Austin tx. I repesent a Mxn asylum seeker, his spouse & children.
The principal is the son of a Mxn celebrity who’s brother was held for ransom by Zetas then released. He fled when they began theatening him and his children. Case is pending a recent M to Reconsider filing w/BIA.
Just wanted to see if you may be able to find the time to discuss your thoughts.
I am happy to do that – you can call me at 202-328-1353. Take Care, Jason
Hi Jason,
Awesome Blog and love the domain name! Keep the posts coming!
All the best,
Jason
Thanks – if your parents don’t approve, no one else will either.
Jase,
Your blog is very impressive and professional
Great job.