Comments on: The Book https://www.asylumist.com Asylum and Its Discontents in the United States Tue, 10 Dec 2024 11:08:20 +0000 hourly 1 By: Jason Dzubow https://www.asylumist.com/book/comment-page-3/#comment-171908 Tue, 10 Dec 2024 11:08:20 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-171908 In reply to Joshua.

If the principal asylees gets US citizenship before the dependent gets a GC, the dependent loses status as a dependent asylee. They keep their asylum, but to get a GC, they will need to file a “nunc pro tunc” asylum application of their own. This is mostly a formality and requires the person to prove that they are the spouse or child of the principal. However, the process can take a couple years. Once they get asylum nunc pro tunc, then they can apply for their own GC. I wrote more about this on February 10, 2022, near the bottom of that post. Take care, Jason

]]> By: Joshua https://www.asylumist.com/book/comment-page-3/#comment-171893 Tue, 10 Dec 2024 06:31:54 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-171893 In reply to Jason Dzubow.

Hi Jason. I have the same situation. Can you explain why “should not apply for US citizenship until she has her own GC; otherwise, it can cause long delays for her”. Thank you.

]]> By: Jason Dzubow https://www.asylumist.com/book/comment-page-4/#comment-171231 Tue, 12 Nov 2024 11:02:17 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-171231 In reply to Amanda Sainbayar.

There are different bars and different waivers, and so I am not sure whether he is trying to waive the bar for being ordered deported or some other bar. Some bars, for example the unlawful presence bar, do not go into effect until a person leaves the US. Also, if there was ever a court case (which there was here) and he never left the US after the court case, I think a motion to reopen is still needed. I do not know the specifics of the situation, and so maybe the most recent filing is the right approach. Maybe you want to try to talk to the lawyer again to have him walk through exactly what he has done and explain what he filed, so you can better understand what is happening. Take care, Jason

]]> By: Amanda Sainbayar https://www.asylumist.com/book/comment-page-4/#comment-171219 Tue, 12 Nov 2024 05:54:30 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-171219 Hi Jason,
I love reading your posts and my husband and I are having problem with him AOS care because he applied for asylum back in 2011 and got an interview then denied and ordered to be removed in 2012. He had an attorneys for his case appeal , of course it was dismissed up to 9th circuit. Then he met me in 2012-2013, we got married in 2015. I petitioned his I-130 and approved in 2018, we had an interview for GC, approved, but it turned out not to be USCIS jurisdiction to adjust because it was EOIR case judge denied for motion reopening and termination the case and AOS. We spent so much money I mean a lot of money for attorneys but no good result. But his 10 yrs bar ended two years ago 2022, so I asked and advised by an attorney to file I-212 and adjust his status without leaving the states. Of course he has had ups and down last 14 yrs emotionally and he has had DUI s and paid the dues, took the classes etc. do we have a chance to get his AOS through I-212?

]]> By: Jason Dzubow https://www.asylumist.com/book/comment-page-4/#comment-170832 Tue, 29 Oct 2024 21:38:20 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-170832 In reply to Tibe.

I think you arrived too late to qualify – check the requirements at http://www.uscis.gov for Ethiopian TPS to see what is needed. If you are not sure, you can talk to a lawyer who does TPS; I do not do much of that, and so if there are any loopholes or exceptions, I would not know about that, though I doubt it. Take care, Jason

]]> By: Tibe https://www.asylumist.com/book/comment-page-4/#comment-170829 Tue, 29 Oct 2024 20:44:18 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-170829 Hi Jason, i came to USA on September 14, 2024. Can I apply for Ethiopia TPS ?

]]> By: Jason Dzubow https://www.asylumist.com/book/comment-page-4/#comment-168438 Wed, 24 Jul 2024 20:16:56 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-168438 In reply to Faa.

It should be fine – when a derivative travels to the home country, there is no effect. If the principal indicated in the asylum case that the whole family is in danger, it would be a good idea for the dependent to be able to explain why they returned and how they stayed safe, just in case they are asked, but I think it is unlikely they would be asked. Take care, Jason

]]> By: Faa https://www.asylumist.com/book/comment-page-4/#comment-168432 Wed, 24 Jul 2024 13:04:37 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-168432 Hello Jason,

Can a derivative asylee who holds a green card renew their passport and travel to their country of origin for an urgent reason for few weeks? The derivative asylee plans to use their green card and passport for the trip, but will use the Refugee Travel Document to return to the USA.

Thank you.

]]> By: Kevin chu https://www.asylumist.com/book/comment-page-4/#comment-165913 Thu, 21 Mar 2024 07:10:23 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-165913 intend to apply asylum because of my fear of future persecution if goes back to home country

]]> By: Jason Dzubow https://www.asylumist.com/book/comment-page-4/#comment-164267 Wed, 03 Jan 2024 00:53:48 +0000 http://s282143961.onlinehome.us/asylumist/?page_id=2#comment-164267 In reply to Maya.

You can apply for that. Whether you are eligible, and whether you would need to leave the US to get the GC depends on the specifics of the case. I wrote about these issues on August 28, 2018 and September 6, 2018, and maybe those posts would give you an idea, but you will probably need to talk to a lawyer about specifics to know for certain. Take care, Jason

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