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
Question about Fee Waiver (I-912)
I’m applying for a fee waiver (I-912) for the I-751 based on my wife’s SNAP.
I have two questions:
In Part 3, I know I have to include my details since I’m the one applying for the I-751. But here comes the first question:
1) Should I also include my wife’s name and details in Part 3 as well? I’m asking since USCIS might request her biometrics according to the I-751. And if they do, they will request her to pay the biometrics fee.
2) If the answer to question 1 is yes (that I have to include my wife’s details on Part 3), I’m assuming I have to include her in Part 7, Item 7 so she can sign. But what if the answer to question 1 is no (that I don’t have to include my wife in Part 3)? Even if I don’t include my wife in Part 3, should I still include her in Part 7, Item 7 so she can sign?
Thanks in advance!
I have not done a fee waiver for form I-751, and so I am not sure about this. Also, without knowing the case, I could not answer specifics questions about the form, sorry. A form I-751 is filed jointly by both spouses, and so it may need her info too. Also, the petitioning spouse would not do biometrics. Take care, Jason
Hey Jason,
I am an Asylee, I applied for GC in March 2023 and I paid the necessary fee for the form I-485. And I got the Notice about it. While my GC status is still pending, I also have to renew my EAD, so I am currently filling out the form I-765. Do I have to pay the fee for that considering my current pending GC status?
Thank you so much!
I presume this is an a-5 (asylum granted) GC. If so, unless this is the first EAD under category a-5, you need to pay the renewal fee or file a fee waiver, form I-912, available at http://www.uscis.gov. You cannot use the fee for the I-485 to “pay” for the EAD (that worked in the past, but not in the last 5 or 10 years). Also, so you know, an asylee is eligible to work even without an EAD (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees), but of course, it makes life easier if you have the EAD. Take care, Jason
Hey Jason!!
I’m a AS8 greencard category, I applied my green card since 2019 and the greencard arrived in June 2022 but on the card it says RESIDENT SINCE 2021.
Is there anyway to directly apply for my citizenship because I applied since 2019 and the card came late.
Is that possible to apply or not??
It is normal for an asylee GC to be back-dated one year, and you can apply 4 years and 9 months after the date on the card, assuming you meet all other requirements. So I guess that would be in 2026 for you. You cannot apply earlier and they do not give credit for the delay they caused, unfortunately. Take care, Jason
Hi Jason,
My asylum is granted (a year ago) and also my wife and daughter got the dependent asylum (4 months ago). So I was filling form I-485 for my wife and daughter (11 years old). For the fee on the USCIS website it says… “Are filing with a parent’s Form I-485, the filing fee for Form I-485 is $750;”, Does this mean that I have to use one I-485 form for my wife and daughter so that it will be considered as filing with a parent’s? Please explain
Each person needs their own I-485 form and all supporting documents. If a child who is under 14 years old files at the same time as the parent, the child pays a lower fee ($750 instead of $1225). Take care, Jason
If so, are we in danger of going to our home country and returning to the US with our greencard as dependents?? while we are at our mother’s dépendants? it is possible or not Jason. Are there any consequences for us after traveling to our country and coming back to the US?? if yes! What are the consequences ??
Hey Jason!!
If your mother is an asylum and she got her greencard and you all came to the US through her and after a few years she became a citizen, do you as her children, while you have greencard, your risk to return to your country of origin has lapsed?? You will no longer have the risk of returning to make a tour in your country of origin?? and if you later apply for citizenship, will your traveling to your country not cause you problem??
I’ve heard that if she get her citizenship your greencard become a normal and you’ll not justify your trips to the immigration for going back to your country. Cause the process will become normal, if you put on the citizenship application countries that you travelled and your country is included it won’t have any issues is that right or not JASON.
Whether she becomes a citizen or not, it does not erase the fact that she applied for asylum. If your return trip causes the US government to believe that the original asylum case was fake, it could create problems. However, the likelihood of this happening is extremely low. First, the US government seems not to care whether asylee dependents return to the home country, as they are only concerned about the principal. Also, once she is a citizen, it would be very difficult to take that away. In short, it is very unlikely that a return trip by a dependent will cause any issues or raise questions. That said, it does not hurt to be able to explain why you returned and how you stayed safe, so you are ready in the very unlikely event that anyone asks. Take care, Jason
If so, are we in danger of going to our home country and returning to the US with our greencard?? while we are at our mother’s expense? it is possible or not Jason. Are there any consequences for us after traveling to our country and coming back to the US?? if yes! What are the consequences ??
I think I cannot say much more than I said. If your trip causes the US government to think that the asylum case was fake, it could cause problems, such as looking at the case and potentially taking asylum away. I think this is very unlikely to happen and many people travel with no problem under these circumstances. If you are prepared to explain why you traveled and how you stayed safe, I think the risk is very small. Take care, Jason
Hi Json,
My asylum was approved by immigration judge on may 25, 2022 and I was about to send my green card application by next week, but my doctor mentioned that the health evaluation form (I-693) will take 2 months from now to complete. So my question is, is it okay to send form I-485 with out the health evaluation form and send the health evaluation form later when it is available (2-3 months).
Thanks
If you wait to send the medical exam, I would have the doctor hold it until USCIS requests it. If you try to send it without a request, USCIS may lose it, but I guess you can try – I have never done that, since I don’t trust USCIS. If you get the exam and hold it yourself until USCIS requests it, it may expire. And so I would ask the doctor’s office if they can wait to sign it until USCIS requests it. Or, I guess you can wait a couple months until it is ready, and then send it with the I-485. Take care, Jason
Hi Jason,
My I730 was approved and I got I797A Notice of Action. Can I get my SSN with this letter? Do I have to apply for EAD to be able to work?
If you are in the US, you should be able to get your SSN based on the approved asylum (as a dependent). You will need to apply for an EAD if you did not already – the first EAD based on asylum approved is free. Even without the EAD, your are eligible to work – see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees. Take care, Jason
I’m in the US with valid tourist VISA.
As I’m really interested on Christianity and would like file my asylum case. (I’m in danger in my country)
I also have chance of NIW case.
Would you please advise if I can file asylum case first and then request for NIW?
Do these two requests interfere?
They are both requests to remain permanently in the US, and so there is no conflict. Make sure that information contained in all the forms is consistent, but otherwise, there should be no problem. Take care, Jason
Hello Jason. I thank you for all the good work you are doing. God bless you.
My family applied for asylum since 2015 and till now we have not been called for interview, we just keep renewing our EAD. I just finish my MBA program here in America and am thinking of Inviting my parent from Nigeria to come for the graduation ceremony.
My question is will this have any effect on my case with the immigration as we are yet to go for interview. Also, what are the chances that they will grant them visa in Nigeris considering that am still under immigration process.
Thank you
Generally, a pending asylum case has little or no effect on a parent’s application for a tourist visa, but it is difficult to know for sure. Basically, they just need to apply for visas and show that they will return to their country after the visit, the same as any other visa applicant. Hopefully, they will get the visa. Take care, Jason
Hi Jason, me and my wife lives here in us and my asylum is approve and I applied for 1730 for my wife. So the uscis office scheduled her I730 interview for February. So my question is what is going to happen after the interview? If they approved her case will they give her the card at the spot?
The will verify that she is your wife, and so make sure she has evidence about that (and any other evidence requested, including proof of your asylum status). Also, they will ask questions to make sure she is not barred from getting asylum (about whether she is a criminal or terrorist, etc.) and biographic questions. If approved, she will receive asylum status and a work permit, and one year later, she can apply for a GC. Please note that you should not apply for US citizenship until she has her own GC; otherwise, it can cause long delays for her. Take care, Jason
Hi Jason,
The immigration judge approved my asylum and I have received the i-94 asylum granted indefinitely card. Sadly I lost the I-94 Card, how can i request a replacement? I have the copy of it.
I think you can use form I-102 to replace the I-94 card, but if you have a copy and a work permit, I do not see why you would need to replace the I-94. Also, a year after you received asylum, you can file for the GC, and once you have that, you will have no need for the I-94. Take care, Jason
Hi Jason, thank you for your helpful resources.
I applied for asylum on 6/6/22 as an Afghan Parolee and passed the interview. My case is still pending and no decision yet, even though the government stated they will adjudicate within 150 days of filing. What are my options now? Filing an inquiry? or expedite the request? It’s been almost 200 days.
This is very common, and the asylum offices are basically ignoring the 150 day rule. My understanding is that they do not have enough resources to do the background checks quickly. In terms of what to do, you can make an inquiry – I wrote about that on March 30, 2022. I also wrote about other ideas for dealing with delay on June 2, 2021. Take care, Jason
Hi Jason,
I am waiting to my asylum interview at asylum office and at the same time I have a pending I730 filled by wife. My question is if my asylum case is referred to immigration court, what would happen to my I730 application. Will I be still eligible even if my asylum case is referred to court?
Unless you are found to have committed a fraud, you could still get your asylum based on the I-730, even if you are in court. It is more complicated, since you will need to get the court case dismissed, but it should work. Probably the best result would be to not have an interview and once the I-730 is approved, you can just terminate your asylum case (but of course, you have little control over when the asylum office schedules an interview). Take care, Jason
Hi Jason,
I have a pending asylum and recently my country was added to TPS approved countries list. Is it safe to apply for TPS too while keeping my asylum application? Is there any cons if I apply for TPS? Please explain
If you have a court case, some judges will not allow you to go forward if you have TPS – they may administratively close the case, or maybe dismiss the case. If you are at the asylum office, there is no effect on your case unless you lose – if your case is denied and you have no status, your case is sent to court where you can apply again with the judge. But if you have TPS, and lose at the asylum office, they may not send your case to court – instead, they could deny the case and allow you to remain in the US based on TPS (the only reason to send you to court is if you are deportable because you have no status here, but if you have TPS, you are not deportable). I am not 100% sure about this, as it seems there is not a consistent policy in this situation, but I believe you would not be referred to court if you have TPS and your affirmative asylum case is denied. Take care, Jason
I’ve been placed under expedited removal proceedings and granted parole after a positive credible fear determination. Am yet to formally apply for asylum.
If I get married during my parole period, can I abandon my asylum claims?
If you marry a US citizen? You should talk to a lawyer. It depends on whether you made a legal entry into the US. If so, you may be able to adjust status and get a GC based on marriage. My guess is that you will not be eligible, but I am not certain since I do not know the details of your case and you should talk to a lawyer to be sure. Take care, Jason
Hi Jason, I would like to know what is the best timeline for applying for assylum in USA while being on visitor status? Within 30 days or near to expiry of your entry visa days(180 days normally).
There is no timeline, but you should apply within one year of arriving in the US; if you apply after one year, you may not be eligible for asylum. I wrote about that on January 18, 2018. If you apply soon after you arrive, you might need to explain about your entry into the US – for example, if you entered on a B visa, which is a temporary visa, and you had an intention to stay permanently, you could be accused of lying to enter the US. I have not had a client with that problem, but you should be prepared to explain about your entry into the US if asked. Take care, Jason
Please assist Sir, l submitted my application for the asylum a week ago and yet to receive the receipt. Am l allowed to travel outside of my current state to another for a short period of time?
Receipt can sometimes take a few months (other times, they take a few days – it is not predictable). You can travel within the US while you wait for the receipt. That should not be an issue, as long as you attend any apopintments that they give you. Take care, Jason
Hello Jason, how to start the EAD asylum o’clock,after it’s been stopped due to change of asylum office while filing with the USCIS?
Typically, it will only start once you appear for an interview. You can try emailing them to ask about this – you can find their email if you follow the link under Resources called Asylum Office Locator. If they will not start the clock, you can try to expedite your case – I wrote about that on March 23, 2022. Good luck, Jason
Hello Jason, thank you so much for this platform, I came to the US 10 months ago , and just few months ago my country was designated for Temporary protected status , and I was granted TPS after I applied for it . My question is weather or not having a TPS is considered extraordinary reason for the 1 year asylum rule ? In other words will TPS stop the clock for the one year deadline? Thank you so much
TPS is an exception to the one-year rule. There is actually a regulation (or maybe a statue) on that point, but I do not remember the number, sorry. In any event, as long as you have TPS, you are eligible to file for asylum; the one year bar will not block you. Take care, Jason
Thank you for this information, another question will I get a work permit based on my asylum application if I applied after the one year deadline, while I’m on a TPS? Thanks
For affirmative cases, I have never seen a situation where the person did not get an EAD while the case was pending because of a late filing, so I think that is not a worry. It would also be unlikely for a court case, though I suppose some judges might take a very tough view of the law and refuse to stop the asylum clock because of the late filing. You could argue an exception to the one year rule – and it is a strong argument, but it can be difficult to get a court to pay attention to this. Take care, Jason
Hi Good Afternoon.
After my MCH , there is no future individual hearing date at all on my case and it’s been 3 months . My case is pending before the New York immigration court . My attorney filed a motion to set up a date . Do you think the IJ will set up a hearing date on my case because of motion . If not what’s your advice to set up a date for my individual hearing . Thank you
Lokman
Court dates are in constant flux, so I would expect that you will get a date at some point. Your lawyer can also call the judge’s clerk to check on the status of the motion – you can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi, Thanks for your helpful website.I had two questions:
1.I have applied for asylum while I am on F1 status,I came to the USA on first of September of 2021,I applied for asylum last week and I sent the documents to Uscis but I have not received any receipt note yet.if I receive this note after September, it means that I have filed my application after one year deadline?
2.Am I eligible to extend my opt(2 year stem opt) when I am in asylum pending status?I have heard asylum pending means immigration intent and I am not eligible to extend my OPT (stem opt).
3.if I apply for asylum EAD card and work off-campus while I am attending classes full time ,it means I violate against my F1 status and I wont be on F1 status any longer?
1 – If you mailed the application before the one-year deadline and received the receipt after the deadline, the case is considered filed on the day of mailing, so save any proof you have about the mailing dare. Lately, receipts have been very slow. 2 – I have not heard about people being unable to extend OPT because of asylum pending. It is true that filing asylum indicates an immigration intent, but whether that would block you from extending OPT, I do not know. 3 – I think the law on this point is not clear. I would argue that it is not a violation of your status, since you have the EAD. But the very fact of applying for asylum (independent of the EAD) shows an immigration intent, which arguably does violate your F-1 status. I have not seen any policy memos on this point, but I think it is a potential violation of status. Take care, Jason
Thanks a lot for your answer.it was very helpful.I have another question,Can I apply for refugee travel document if I am on asylum pending and F1 status? Or I should be granted asylum to be eligible for applying RTD?Thanks a lot
Asylum must be granted before you can apply for the RTD. With asylum pending, you can apply for advance parole, using form I-131. I wrote about that on September 11, 2017. Take care, Jason
Hello sir
I got my individual hearing date in 2024
How can i get the date soon ????
Dates are changing left and right, so it may change on its own (so make sure you have gathered all your evidence and are ready). If you want to try to move the date sooner, you can try – I wrote about that on April 20, 2017. Take care, Jason
hi Json
I submitted a EAD renewal request before May 4 and got a receipt before may 4
in the receipt it extends my EAD only by 6 months
Does that mean i have to wait for another receipt letter stating the 540 days extension ?
or i don’t have to get any letter
Thanks
There is no other letter, but the link I provided in a post from last week (to the USCIS website) indicates that you receive the 540-day extension. Take care, Jason
Good evening. Thank for everything that you are doing. I have a question is there anything that I can do to expedite my case . I applied for asylum back in June 2015 in Florida since that time I’ve been waiting for the interview . I moved the case to California two years ago because I relocated, and still nothing . I feel frustrated. I’ve heard that I can write a letter to a governor or ombudsman . I’m concerned to do it because not sure if it’ll negative effect on my case.
I wrote a blog post discussing this on March 30, 2017 – maybe that would help. Take care, Jason
Hello Jason, thanks for the good good work you do here. My question is…I applied for EAD in March of 2021. After about 4months, I received a notice of denial this month of July 2021 stating that I have to wait for 365days new rule to apply for it. However, I just became an ASAP member in July 2021. Can I reapply for the EAD with my new ASAP membership card? More importantly, should I indicate in the i-765 that I have previously applied for EAD or not? Note my pending asylum application as now passed the 365days rule.
You can re-apply if you are a member of ASAP, yes (you have to send evidence of membership). If the question is whether you now need to pay (since this is a second application), I am not certain about that. I have a feeling that you will need to pay, even though the first application was denied, but I am not sure. You can check the I-765 instructions to see if they sheds any light on that question (probably they don’t) or you could call USCIS (800-375-5283) and see whether they can advise you. Alternatively, you could try to file without the fee and see what happens, but it may take a couple months to deny the case. You could also consider a fee waiver (form I-912) if you are eligible. Take care, Jason
Hello Jason, thanks for the good good work you do here. My question is…I applied for EAD in March of 2021. After about 4months, I received a notice of denial this month of July 2021 stating that I have to wait for 365days new rule to apply for it. However, I just became an ASAP member in July 2021. Can I reapply for the EAD with my new ASAP membership card? More importantly, should I indicate in the i-765 that I have previously applied for EAD or not?
You can re-apply if you are a member of ASAP, yes (you have to send evidence of membership). If the question is whether you now need to pay (since this is a second application), I am not certain about that. I have a feeling that you will need to pay, even though the first application was denied, but I am not sure. You can check the I-765 instructions to see if they sheds any light on that question (probably they don’t) or you could call USCIS (800-375-5283) and see whether they can advise you. Alternatively, you could try to file without the fee and see what happens, but it may take a couple months to deny the case. You could also consider a fee waiver (form I-912) if you are eligible. Take care, Jason
Hi Jason
I had my asylum bvased green card interview 6 months ago but I still didn’t get a response. Is this normal, are there other similar cases. Also what could be the reason for the delay? Thanks
Usually, people seem to get a decision within a few months after the interview, so it is a bit unusual, but it does happen some times. You can make an inquiry if you follow the link under Resources called USCIS Help. There is another link there called USCIS Ombudsman, and you can try that too – they sometimes help with delayed cases. Take care, Jason
Hello Jason
My asylum application received by USCIS in 5/26/2020. Based on new regulation it is time to fill out I-765 form for EAD. As I know, it is ineligible for a work permit if my asylum application was filed more than one year after entered the United States. I do not apply within one year of my last entry into the united states because country political situation changed more than one year. I also mentioned on my asylum case. In this case, asylum officer waived this requirements based on my asylum story or invite me an interview for this exception?
Thank you very much
The new regulations (I think) prevent you from getting an EAD if you did not file within one year. However, if you join ASAP or Casa de Maryland, you can apply for an EAD under the old rules, and so it does not matter if you were in the US more than one year before you filed your asylum case. In short, if you join one of those groups, you can file for an EAD. I did a post with links to the two groups on September 23, 2020. Take care, Jason
My lawyer already prepared my documents and ready to send I-730 application on 5/26/2021. Can I still join ASAP or Casa de Maryland until get work permit?
Thanks
I think you are talking about the I-765 (for the work permit). If so, you can still join – but you should do that before you mail the I-765, and send proof of membership with your application. ASAP is free and you can get proof of membership online. I forget what the deal is with Casa, but you only need to join one of these groups. Take care, Jason
Hi Jason
I hope you are doing well,
I had an interview on July 2nd in 2019.
On March 5th, in 2021 ,my status changed from “Decision Pending” to “Application Pending”, and it was mentioned that “you completed interview in March 5th 2021” but, my interview was in July 2019.
Would you kindly tell me what does it mean?
I do not know, and that online system is not very helpful in cases like this. You can email the asylum office to ask about the status of your case. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I had an asylum interview almost three years ago, and I have not received any response yet. We did enquire multiple times (one through a U.S. Senator) and it always come back as ‘pending’. At the end the attorney submitted FOIA request, and we found out the officer who did the interview recommended an approval, but for whatever reason the case is still pending although it did go through multiple FBI name checks. Any idea what else I can do?
Regards,
Al
You can inquire with the USCIS Ombudsman – a link is at right and they sometimes help with delayed cases. If all else fails, you can try a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
I have applied for asylum in July 2020 when asylum applicants were eligible to apply for a work permit within 150 days, but now it seems like the law is changed to 1 year, but not sure is it for everyone or only the applicants who applied for asylum after Aug 2020.
Also in case i fall under the 365 days category, is there is a way to apply earlier for a work permit? I am eligible to work part-time which will expire in April 2021. I have my SSN.
If I remember correctly, anyone who files for the work permit after August 20, 2020 is subject to the new rule. You can join Casa de Maryland or ASAP, two non-profit organizations, and then you would be eligible after 150 days. I wrote about that (with links to the organizations) on September 23, 2020. Take care, Jason
Hello
After waiting 150days on my asylum clock, being a member of both CASA and ASAP with membership cards, I filled for my work permit including proof of my membership on 12/26/2020. Two months after acknowledging receipt, USCIS has made no decision on my case in clear violation of the Rosario class action. I have even tried calling USCIS several times but the automatic system won’t let me speak to an agent. What should I do?
Unfortunately, this is very common and in practical terms, there is not a lot that you can do. Of course, you can try to file a mandamus lawsuit (we wrote about that in the asylum context on October 2, 2018), but given the costs and time, it is usually not worthwhile. You might also try reaching out to Casa or ASAP to inform them of the problem. I do not know, but since many people are having the same issue, maybe they are taking some action. You can also contact the USCIS Ombudsman (a link is under Resources). They help with delayed cases, but it will take months. We have been seeing EADs take 3 to 6 months or more, though first-time EADs are often faster. Take care, Jason
Hi
I applied my asylum case in new york on 06/07/2016 i havent heard any thing feom asylum office i still have my EAD but i havent interviewed yet plz help me to find out online how long it will take for my onterview to be scheduled
Thanks and best regards
There is no way to predict when an interview might be. If you have a reason, you can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Thank you very much for this platform and for helping the asylum community.
My case is referred to court recently. Because of the pandemic I didn’t appear before the judge for the master hearing as per the first schedule. I received notice that states the master hearing is scheduled for Sept 2021. It’s is really discouraging and stressful.
1) what piece of advice can you give me to facilitate this? I have been separated from my kids almost for the last four years.
2) Can I apply for travel document and so that I can meet my kids in third country? Is it safe to return back with travel documents with cases pending at court?
Thank you so much in advance for your help.
LKB
1 – You can send documents in writing instead of going to the MCH. Many judges allow that. You can ask the judge to schedule your Individual Hearing as soon as possible. I wrote about that on April 20, 2017. 2 – If your case is in court, I know of no way for you to travel outside the US and return, sorry. Take care, Jason
Hi Jason, my asylum was approved last year and after one year I already applied for green card. My question is do I still need to carry my all asylum paperwork because those papers are very sensitive and I don’t want anyone to see them so I was thinking to destroy all of them and want my mind free ! Do you think I will need those paperwork in future? Or I am free to destroy them, please help me in this matter!
I think you should keep them, as you may need that info when you complete the N-400 (citizenship form). Also, you may have an interview for the GC and you might want the papers for that. Even after you become a citizen, it is probably wise to keep them, as you never know what might happen. You do not need to carry the papers with you. Maybe you can just file them away in your house or get a safe deposit box at the bank. Or scan them and keep them in the cloud somewhere. If you do toss them, you can probably get a copy from the US government, but that takes time, and so if you can keep them, that is probably safest. Take care, Jason
Hi ALi,
congrats for your asylum approval. Can I know when did you file your application, since im still waiting for my I.V
Thank
Hi Jason,
Thanks so much for this amazing blog. A Syrian family received their immigration visa to the USA January 28 from the US embassy in Jordan. The lockdown happened before they were able to travel to the US, as a result they are still in Syria. It’s a family of four, dad, mom and two kids. Their eldest daughter turns 21 May 26, 2020 and the rest of the family visas are until July 2020. Can they apply for an extension on their immigration visa in case the international travel restrictions extend beyond July? Also do they have a case for their daughter to be able to enter with them since it is unlikely travel restrictions will be lifted before May 26th?
best,
Omar
I am afraid I do not know much about refugee applications like this. Typically, if a child turns 21, they do not “age out” for purposes of asylum. Whether that is true for refugee status, I do not know. Maybe they can reach of to the US Embassy or to one of the resettlement non-profits like HIAS for help. I wish I could tell you more, but it is not really my area. Take care, Jason
Hi Jason,
Thank you very much for answering all of our questions.
I have this major question, please. We (wife and two kids) been in the US since 2015 in J1 to earn my Ph.D. degree in engineering and we are from a minority group from Iraq. we are thinking to apply for asylum since the city that we are from still suffering a bad security situation (in particular against our group). Would it possible to apply for asylum, if so should I wait toward the end of my program?
Thank you and really appreciated your time and effort.
Keep in mind that to win asylum, you have to show (among other things) that you cannot live safely anywhere in Iraq – not just in your home town. That said, if you want to file for asylum, you can do so. Since you have been here since 2015, you need to be aware of the one-year filing bar (I wrote about that in January 2018). In short, you definitely should file the case before your status here ends; otherwise, you may be deemed ineligible for asylum. Iraqi cases are not as easy as they should be given country conditions, and you might do well to talk to a lawyer to help you with the case. Take care, Jason
Hello Jason,
Thank you for the work you’re doing to help asylum seekers. I have a question about my case. I have a pending asylum application and I used my asylum EAD to work. At the same time I’m a full time student (I entered with F1 visa and I’m a full time student since that time). Now, my company accepted to be my sponsor to apply for EB2 green card. Can I apply for adjustment of status in the US after i-140 approval?
Thanks
I am not sure, and I have never seen a clear answer on this point. You might see if the lawyer can research it for you to be sure (though I have the impression that there is no clear USCIS policy about this). My sense is that it will work, but I do not know, and it is a significant investment to do the process and lose because USCIS thinks you are out of status. Anyway, maybe the lawyer can research the point to find some more clarity before you start spending a lot of money on the process. Take care, Jason
Hi Sor,
What happened to your case?
As far as I know, it is illegal to use your EAD and work full time when you hold F1 status unless you have OPT. Once you start using your EAD your F1 status should drop automatically if it does not you may face some questions about violation of visa procedure. I am saying this because the school DSO I talked to 3 years ago said this. I was at the Asylum pending received EAD and holding F1. I was not using my EAD. While I am still a student I received an offer but that offer did not come with sponsorship. I asked myself self should I accept the offer cancel my F1 and wait for the asylum or keep the F1 and continue as a student and reject the offer. I took the job because finding a job is not easy. Still working in EAD, still waiting for a decision I had my interview in March 2019. I always think about EB2 NIW but biggest problem is that you do not have the status to change when you are pending for decision AOS is possible with a legal statue. I talked a couple of lawyers, they ask more money to provide answers and I am tried of doing that. So I am waiting now.
Tell us what you did please?
I am not sure that working with an EAD violates your F-1 status or has an effect from USCIS’s point of view. Arguably, applying for asylum (where you ask to remain here permanently) violates the F-1 status, since an F-1 requires a promise to leave at the end of your studies. The issue may be that there is no clear answer, and USCIS could conclude that you are out of status and deny an application, such as changing status (to an H1-b, for example) or adjusting status (based on WB-2/NIW, for example). I would love to see some clear guidance on these points from the government, but so far, I have not seen anything. Take care, Jason
Hi Jason,
I hope you are doing well and everything is going better for the asylums in this new year.
I have a question about one asylum case.
There is an asylum case that now it is waiting for individual hearing. This case has been filed at 2013 and after the couple times interview with asylum office and master hearing in immigration court, now it is scheduled for individual hearing at 2021.
My question is, is it good, if the applicant applies for a job sponsorship now?
If it is, how long it takes to get approval via the job sponsorship?
And is it possible, the applicant can get approval (just approval, not the green card) via the job sponsorship (if its processing time is less than 2 years) before the individual hearing at the court or by the way the applicant has to wait till the individual hearing and then get approval via asylum or job sponsorship at the court?
Thank you and wish the best for you and your team in this new year.
I wrote about this issue on August 28, 2018 – that may help. The short answer is that you probably cannot get a GC based on employment without leaving the country, and whether that is possible at all depends on the case. Also, there are some rare exceptions where maybe you can get the GC without leaving. Talk to a lawyer about this to be sure, but be careful, as most people would not be able to do it, so you have to have real confidence in the lawyer you are using. Take care, Jason
nice
Very clear, very informative talks here. I am glad such a good lawyer and person writing about political asylum and free. Sadly, there many lawyers even you pay for service but no result.
Glad to be here,there’s lots of info i need to know!
Hello sir! I have a Q for you: if the principle applicant ( asylum seeker) dies and his spouse ( derivative) failures to warn the AO prior to the interview date , what are the consequences? And what are the required steps she should take? Thanks in advance !
If the principal dies, the case is over. The dependent needs to file their own case in a “reasonable” period of time after the death of the principal (this is not defined, but the sooner they file, the better). Maybe they could try to do that at the interview, but it is better to get everything filed before the interview, and as soon as possible after the death of the principal. Take care, Jason
A Year and a half has been passed since the death of PA, as far as it appears it’s not a «reasonable» period. Do you think if it still worth a try?
I think it is probably too long to count as a “reasonable period,” and so you would also need to show extraordinary circumstances why it took so long. It is worthwhile to try to find an exception to the rule, and sometimes, the government will accept weak reasons, so it is worth a try. Take care, Jason
Hello! I have a pending asylum case ( haven’t gotten an interview yet )but I got married on a US citizen and we’re doing adjustment of status for me. Will I be able to go to my country after i receive a green card through marriage and cancel my asylum application??? Thanks
You can, but there is some risk that returning there will cause the US government to think your original asylum case was fraudulent. So it could cause you problems. At the minimum, you should keep the trip short and be prepared to explain why you went and how you stayed safe. If you want to be more careful, don’t go (at least until you are a citizen). Take care, Jason
Hello Jason,
I have a question about EAD, I got mine when i was single and then got married, added my husband to my asylum case as a dependent, before he was on TPS and had his EAD, my question is can he apply for new EAD without paying for it as he is applying with C08 category now, or he still needs to pay bc it’s not his first EAD?
Thank you very much
If this is his first c-8 EAD, based on asylum pending, he does not need to pay. Also, if you have your EAD and he has been joined to the case, he can file now for the EAD. Take care, Jason
thank you very much 🙂
Finally, I found the spot where I can follow your blog!
Mazel Tov! I hope all is well, Jason
Hi Jason,
I am currently preparing my I-589 petition, I am from Tunisia and the lawyer of the organization that is taking in charge my case told me that I have a fair case, I was abducted by police forces because of my political opinion and harassed many times. However, I have two major problems: the first is , since arriving at the united states, I have traveled to Malta for one week ( for a conference) and then to France also for one week ( to visit my sister), will this make me ineligible because I traveled outside the US? the second problem is: would the AO consider directly Tunisia as a safe country regardless of my strong evidence of prosecution and torture? Many Thanks for your help!
I doubt the foreign travel would be an issue. We have had many clients travel abroad and there is no effect on the case. If you have evidence that Tunisia is not safe for you, that should be good enough. Take care, Jason
Hello. I was awarded asylum last October and looking to apply for the green card this fall. My lawyer told me that I have the option to file I485 three months in advance but I did research online and just don’t see this being a thing from anywhere else. Is it indeed an option or is my lawyer wrong?
I do not do that – We used to file one month in advance and that worked, but then USCIS rejected a case as filed too early. Since then, we wait the full year. For citizenship, you can file 90 days early, but we do not do that for the GC. Take care, Jason
Hello Jason, i hope you’re well. I have always viewed your blog and always read your articles. This is my first time reaching out to you. I’m a gay man that is seeking asylum here in the US. My case has been pending for about 77 days. However, i feel like i can’t wait for years to be called for an interview because my family (mother and siblings) are homeless. They have been discriminated and thrown out of their home because of me. My youngest brother (6 years old) has a heart problem that requires a lot of money to finance the medical bills. He can’t stay on the streets. My partner that is currently in hiding is also at risk. He is wanted by the police for being gay. He has been unable to work for about 2 years now and is therefore living a very hard life. I’m extremely depressed. I would like to expedite my case so that i can be able to help my people. I’m asking for advice.
I wrote about expediting on March 30, 2017. That may help. The problem is that the asylum office will only generally expedite in a family separation case if the family member is someone who can benefit from your asylum case. For you, parents and siblings cannot benefit, and a partner can only benefit if you are legally married. You will have to explain to the asylum office why expediting the case would allow you to help your family (maybe it would allow you to get a job and send them money?). You will have to think about the best approach. Also, it is still possible that you will get an interview under LIFO, though it is probably doubtful given that 77 days have passed. Take care, Jason
Hello Jason,
The work you do here is really appreciable! My friend is from Iran, and applied for asylum March 2018 and had his interview in May 2018. He is a gay man and have been in the states legally until he fell out of status during his asylum process.
He followed up with the Houston asylum office periodically for his case status, until January, he always received the answer that the case is under Supervisory Review and last month they replied that his case in Pending Security Check with other agencies and the timeline is not determined.
Is it a good sign that after a year he has not been referred to court?
Also, for recent Iranian cases what is your insight for security check timeline?
Thanks,
God bless you
Some people view the delay as a good sign (why go through the long security check if the case is going to be denied?), but I do not really know if that is correct. Iranians usually do not wait quite as long as your friend, at least in my experience, but a wait of that length is not surprising either – the background checks are unpredictable. Such a case would generally be pretty strong, so he should have a good chance of winning. If the wait gets to be too long, he can always file a mandamus (we wrote about that on October 2, 2018), but for now, he is probably better off waiting for a decision, and contacting the asylum office periodically to inquire. Take care, Jason
Hello Jason,
I had my interview in Newark office in Nov 2017. I haven’t received a decision yet. My attorney inquired about the case a few months ago, and the only answer was the case is being processed. In your opinion, what does this delay imply, and what could be done to obtain a decision? Is it important not to annoy the office with repeated requests to obtain a decision? Or is it better to force them to provide a decision regardless?
Thank you!
Most commonly, the delays are due to security background checks, but there could be other reasons too (I wrote something about this on October 20, 2015). I think you can make periodic inquiries, and if that does not work, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. It should get you a decision, but whether it will be a good or bad decision, there is no way to know. Even a bad decision and a referral to court might be better than waiting forever in limbo, but that depends on your circumstances. Take care, Jason
Hi Jason!
I have been receiving your news letters and following closely with all your reasoning about asylum and immigration laws of this country. It’s pretty perplexing some time and helpful in other. First of all want to admit that’s an honor to be in this country regardless of who and what they say. I have studied the history of this country from a different perspectives, including Christian perspective. And I am quite impressed… this land right now feeding me and my family, so I want to express my gratitude to the representatives of the law and citizen of this country! Thank you!
I see your competency… you might humbly refuse that but it’s rare in our days among lawyers, I have met with many.
So, quick question Jason. My family and I are in removal proceeding and our hearing were scheduled on 11/2021. I have applied for the asylum base on persecution for our Christian faith in Muslim country I came from.
Since we are out of status and waiting for our hearing, do we have any other lawful options to maximize our chances to remain in this country. Just in case if Judge will refuse to approve our case… like you mentioned in one of your comments that Administration is trying to discourage judges from granting continuances to USCIS to process our applications! I am just trying to hold on any other branch possible so we don’t fall hard and get rescued.
When I say options… I mean like can I reapply for an “investors visa” or appeal my case to Mr S. Brownback, who is the chairman for the international religious freedom! Or anything?… even changing my location to a better jurisdiction?
Thank you in advance!
Kindly
Sher
Whether you are eligible for any other relief aside from asylum, I do not know. You should talk to a lawyer to go over the options, but once you are in removal proceedings, options such as an investor visa become much more difficult and would usually require you to leave the US. In court, aside from asylum (and Withholding and Torture Convention relief), people who are in the US for 10+ years can sometimes qualify for Cancellation of Removal. There are also other, more obscure options, depending on the case, so talk to a lawyer about that. Otherwise, you would need to prepare the best case you can, and get as much evidence as possible. This will increase the chances of success in the asylum case. Take care, Jason
I have a question. I would be grateful if you please guide me on that matter .
Currently I have an Aslyum hearing before an IJ .This will be my individual hearing on Aug 2020 .However, I have gotten married and filed for I 130 and also for Hardship waiver since I was on J1 Visa .My question is that If I don’t get any result for my hardship waiver (Denied or Accepted ) by my court hearing date , Can a judge give me some extra time for the result of my waiver ? Because I can’t Apply for I 485 without the waiver .
You could try asking for extra time, but I do not know if the judge would give you that. The Administration is trying to discourage judges from granting continuances to wait for USCIS to process applications, and so I would not count on getting an extension. Maybe you (or better, your lawyer) can contact DHS about this to see what they say. I do not know whether it is possible to try to expedite the J-1 waiver, but maybe you could inquire about that. Otherwise, you will have to prepare for the court case, and just hope that USCIS comes through first. Take care, Jason
Thanks Jason for responding back to me .Yeah I don’t think that judge would give me a continuance date since this is my final hearing date . However, I can communicate with my attorney see if they can expedite waiver’s decision.
Much appreciated
Even if you lose the case and appeal, maybe if the J-1 waiver comes through during the appeal period, you could still close out the case and get the GC based on marriage, so that will give you some extra time (appeals take anywhere from 6 months to a few years). Take care, Jason
Hello Jason.
Thank you for the great work you’re doing to help asylum seekers. I am a graduate student graduating in a week. I also applied for asylum based on political stance and my case is pending for 102 days now. I haven’t had an interview yet. I am having a dilemma at the moment as I’m thinking of applying for an OPT (it’s a regular 12-month only) or wait until mid June to have my clock reach 150 days and then apply for EAD. OPT these days takes 3-5 months plus I need to pay for it and have to find a job related to my major. What would be your advice? Should i go with OPT or wait until June to accrue 150 days? If I choose to apply for OPT will there be any conflict with my asylum?
thank you very much!
Fred
The main issue is whether you want to maintain status, so you have other options. For example, one path for people is F-1 to OPT to H1b to green card. If that is a possibility for you, it may make sense to go for OPT. If that is not a possibility, then there is not much sense in paying for the OPT EAD, which limits the type of work you can do. Take care, Jason