Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi Jason, i am a GC holder based on asylum. I travelled back to my home country after receiving with my GC and with a passport I renewed at the embassy here in the US due to family medical emergency. I didn’t have a problem when I came back in 6 months ago. My question is, is it risky to do such travels to your home country with the current administration? and how would this affect my citizenship application if I was to apply with this administration in office. Thanks.
I have not heard about people being detained in these circumstances, but I think there is a risk in making that trip now. They could use the trip as a basis to accuse you of asylum fraud. Again, I have not heard about that happening, but they keep trying new tricks, and it is legally possible. It would be better if you could meet your family in a third country. In terms of citizenship, you do need to list all countries you visited on the naturalization form, and so when the time comes, you should be prepared to explain why you made that trip and how you stayed safe. I wrote about returning to the home country on January 6, 2016 and maybe that post would give you some ideas. Take care, Jason
Hi Jason,
I got my Green Card through asylum last November, and I also have a Refugee Travel Document (RTD), which expired in November. I’m from Iran and will visit my family in late July in Turkey for three weeks. Do you think there could be any issues when I return to the U.S.?
Unless there is a travel ban, I don’t think you should have any issues with a valid RTD and GC. Take care, Jason
Hi, is travel from the U.S. mainland to Puerto Rico considered international travel? For example, would this type of trip need to be reported in the international travel section of the N-400 naturalization application?
Great question. Also, do people have to go through customs after in the U.S. after returning from Puerto Rico or USVI?
For the USVI, you do need to go through customs and a trip there should be treated as a trip to a foreign country (I think the reason is that a person in the USVI can travel freely to the BVI, and visa versa). In terms of PR, it used to be no problem, but I have heard about at least one person having trouble returning. I do not remember the details of the case, except that it was a surprise to me, and so I would probably avoid traveling to PR if you only have a pending asylum case and no Advance Parole, for example. Take care, Jason
I would not report that on the N-400. I do think travel to PR can potentially be problematic depending on a person’s status in the US, but for purposes of the N-400, I do not think it needs to be listed (on the other hand, there is no harm in listing it). Take care, Jason
Jason,
Do you happen to know what the average wait time is to get an interview after filing an asylum case for someone who lives in New York?
I think there is really no average. I don’t know what is happening in NY now, but in my local office (Virginia) and at least a few other offices, they seem to be interviewing new cases and old cases, maybe from 2015 to 2017 or so. Take care, Jason
Jason,
Did any/all of your asylum seekers get work authorization in 2025? That would be for those who applied to asylum before January 20th. I wonder what the situation would be about the work authorization for those who submitted their asylum cases on or after January 20th.
People who filed for asylum after January 20, 2025 would not yet be eligible to apply for a work permit, as they have to wait 150 days before they are eligible. For others, who filed before then, initial work permits and renewals seems to be working, though maybe in some cases, there are longer than usual delays. Take care, Jason
Hello Jason,
I applied for asylum in March 2025. When can I expect my asylum interview in Virginia? According to the Last-In, First-Out (LIFO) policy, will I get my interview within less than 6 months? What is the current average wait time for an interview?
They are interviewing new cases quickly, and so it is very likely you will get an interview soon. Make sure you have all your evidence and affidavit complete and ready to go, as the asylum office gives very little notice prior to the interview. Take care, Jason
Hi Jason,
I am a U.S. green card holder with approved asylum status. I would like to travel to the United Kingdom, which is not my home country. I am seeking advice on whether it is advisable or safe for me to make this trip, considering my immigration status.
Thank you for your help!
It is best to travel with a Refugee Travel Document (form I-131, available at http://www.uscis.gov) and not your passport. But otherwise, as long as you have no criminal issues and there is no travel ban that affects you, you should be fine. If you cannot get the RTD and travel on your passport, that could possibly create issues – I wrote about that on May 25, 2022. Take care, Jason
Hello Jason,
I applied for asylum in March 2025. When can I expect my asylum interview in Virginia? According to the Last-In, First-Out (LIFO) policy, will I get my interview within less than 6 months? What is the current average wait time for an interview?
regards,
soma
Jason,
Are recent asylum applications of 2025 being targeted of deportation without due process? Have you heard any asylum seeker with a pending case getting detained and kept at a detention center until next step whether it’s court or deportation?
I have not heard about that for affirmative asylum seekers. For some people who arrived at the border, they are being called to ICE check-ins and potentially detained. But so far at least, I have not heard of that happening to affirmative asylum applicants. Take care, Jason
Jason.
Recently the department of state has rolled back monitoring other countries for human rights, lgbtq rights, political rights, etc. Now department of state is considering even deporting asylum seekers back into their governments. I know it can’t get crazier than this.
So those people who received their status based on the above, will they have roadblocks in extending their GCs, or getting citizenship?
https://www.npr.org/2025/04/18/nx-s1-5357511/state-department-human-rights-report-cuts
My understanding is that the State Department country reports will be less comprehensive, and list fewer human rights abuses. Since decision-makers in asylum cases rely on those reports, this will make it more difficult to win asylum. Asylum seekers will need to submit other evidence, such as human rights reports from non-profits, or news articles, to show that the home country is not safe. Take care, Jason
Hello Jason, I applied for asylum in 2022 and waiting for an interview. I’m really concerned about the state of things and recent uncertainty. I want to explore residency opportunities in another country. Would this be an issue for my asylum case if it doesn’t work out?
It depends on what you do, but looking into other countries as an option is not a bad idea. The only issue would be if you returned to your home country, but if you leave the US, you can withdraw your asylum case to try to avoid negative effects on your ability to return to the US in the future. I wrote about withdrawing on December 7, 2022 if you need more info. Take care, Jason
Jason, it looks like that this adminsitration is threatening US born citizens and immigration attorneys already. This proves that no one is safe under this administration.
***
When Massachusetts resident Nicole Micheroni received an email on Friday from the federal government telling her to leave the country, she was baffled.
DHS told her to leave the country. She’s a citizen — and an immigration attorney.
“At first I thought it was for a client, but I looked really closely and the only name on the email was mine,” said Micheroni. “So it said my parole status had been terminated and I should leave the country within seven days.”
But the 40-year-old is a U.S. citizen, born in Newton and raised in Sharon.
“Probably, hopefully, sent to me in error,” she said. “But it’s a little concerning these are going out to U.S. citizens.”
Micheroni is also an immigration attorney, working with many clients facing possible deportation issues, so her name and email are on a lot of paperwork.
“The language in the email is very threatening,” she said. “And it looks kind of like a sketchy spam email. It doesn’t look like an official government notice, but it is.”
I have seen a similar email for a few of my clients (but not yet for me). It is very scary and also looks sketchy. I think the point is to frighten people, including people who have a legal right to be here. But unfortunately, this tactic is working and almost all non-citizens (and many citizens) are afraid. Take care, Jason
Recent news:
“Judge allows requirement that everyone in the US illegally must register to move forward.
A federal judge is allowing the Trump administration to move forward with a requirement that everyone in the U.S. illegally must register with the federal government, in a move that could have far-reaching repercussions for immigrants across the country.
In a ruling Thursday, Judge Trevor Neil McFadden sided with the administration, which had argued that they were simply enforcing an already existing requirement for everyone in the country who wasn’t an American citizen to register with the government.”
Jason, I think this country is turning into Germany of 1930s where every jewish person was supposed to register and carry their registration cards with them.
Nevertheless I have a question on the above news: It says if you are a non-citizen then you need to register. Do green card holders need to register too?
Thanks.
The rules have not yet been published, but there was a USCIS announcement about who will be required to register. According to that announcement, people with a GC do not need to register. Take care, Jason
Jason, this is just a legal curiosity question. What does the Supreme Court’s decision regarding the person who was wrongfully deported mean in legal terms? Is it limited to the individual case, or could it apply to others? Does it only affect individuals who were granted withholding of removal, or could it also apply to others with lawful status, such as those with granted withholding of removal, asylum grants, refugees, green card holders, and so on?
I think there will need to be more decisions to clarify how different people are affected, but in general, it seems the Supreme Court will require a person an opportunity to respond and apply for protection, and will not accept people being snatched and deported before they can make a claim that they need protection. This is a minimal requirement to live in a free society, in my opinion, and hopefully, the court will uphold that principle. Take care, Jason
Hello Jason, I just saw the Supreme Court ruling to return the man who was wrongly deported to El Salvador. Could this decision be a sign that individuals with lawful status can no longer be unjustly deported or denied reentry?
I’m a green card holder through asylum and currently overseas due to a family emergency. I have my GC and passport, but I’m feeling anxious about any possible travel bans—especially since I’m from a country that was previously affected by one. I’m hoping to return to the U.S. as soon as possible. This Supreme Court ruling gave me a glimmer of hope, and I truly wish that no innocent person is ever deported or left stranded outside the U.S. again.
I think the Court is basically saying that a person cannot be deported without due process, which is a positive sign (though that is basically the minimum requirement to live in a free society). How that would impact any potential travel ban, I do not know, and we will need to see how a ban looks, if it happens. Last time, people with GCs were ultimately safe, and hopefully that will be true in any future ban as well. Take care, Jason
Jason,
Are asylees who got in the country legally with a visa then applied to an asylum required to register with the Alien Registration Requirement??
I think not – the rules are not yet issued on this, but the USCIS announcement indicates that people who entered legally and received an I-94 do not need to register. Also, people with a work permit do not need to register. Take care, Jason
Hi Jason,
I hope you’re doing well. I’m 20 years old and came to the U.S. when I was 10 as a derivative on my mom’s asylum case. However, she never filed for my adjustment of status.
My mom has since become a green card holder and has been married to a U.S. citizen my stepdad since I was 5. He would now like to petition for me so I can get my green card.
Given my situation, what do you think would be the best path forward?
Thank you for your time and guidance.
Best regards,
You can certainly file for your GC based on your asylum status. If you do that, make sure that your mother does not become a US citizen until you have the GC. If she does, you will lose the ability to get a GC based on asylum until you file a “nunc pro tunc” asylum application of your own. This will cause a big delay and so is best avoided. I wrote more about this on February 10, 2022, near the end of that post. Your step father could also file for you, which should work as long as you are under 21. I believe if you file for the GC, form I-485, before you turn 21, you will be protected by the Child Status Protection Act, and even if you then turn 21, you can still get your GC. I am not 100% sure about this, and so I think you should talk to a lawyer to be certain, because if you “age out” when you are 21, it will take years to get your GC. For me, the easiest path is to file yourself based on your own asylum status, but that only works as long as your mother is not a US citizen. Take care, Jason
Hi Jason
I hope you’re doing well. I finally received notice that my asylum interview has been scheduled after nine years of waiting (NY office). However, about six months ago, I got a letter requesting my consent to transfer my case to immigration court since my initial application didn’t meet the one-year filing deadline. I signed and returned the consent form to USCIS, but now my interview has been scheduled instead.
Is this normal, or should I be concerned given the current immigration climate? I’d really appreciate your insight on this.
Thank you.
I don’t know, but they routinely make mistakes, and so I would just get ready for the interview. Do your best to overcome the one-year bar (I wrote about that on January 18, 2018). It is possible that when you get to the interview, they will just refer you to court, but if so, you can use all the evidence you gathered for the asylum office case when you go to court. Take care, Jason
Hi Jason,
I hope you’re doing well. My asylum was approved last month after being pending for 10 years. However, there’s an issue with my 13-year-old son’s EAD card (category A5). When it arrived, it had my photo on it instead of his.
I believe this may have happened because we haven’t renewed his EAD since the first one was issued when he was 2 years old, so USCIS might not have a recent photo of him on file.
MWhen I contacted USCIS, they said their system doesn’t recognize the receipt number starting with ZAR, likely because it was filed a long time ago. They advised me to mail the card to the address they provided and include a written explanation. However, I’m concerned about mailing it without being able to track the process or get updates.
Do you have any suggestions on how best to handle this? Your advice would be greatly appreciated.
Thank you!
USCIS has a website about this here: https://www.uscis.gov/tools/uscis-tools-and-resources/immigration-documents-and-how-to-correct-update-or-replace-them. You have to check the instructions, but I think you will need to return the card (keep a copy, front and back). I think there is no fee, as it is a USCIS error, but again, double check the instructions. A person with asylum does not need an EAD card, and a child normally does not need the card either, and so your son can probably live without the card until the replacement arrives. Also, once he files for the Green Card, hopefully, that will solve the problem. Take care, Jason
Thank you for your quick response?
Hi Jason,
We had our affirmative asylum interview in Arlington on Oct 18 last year and the Advance Parole approval was issued October 29.
We travelled in January, returning before the 20th as you suggested and were allowed back without any issues.
We have since received a Referral Notice dated Feb 21 saying that we are not eligible for asylum and a Notice to Appear on April 29th (see attached)
Is the AP still valid? Are we still allowed to travel outside the USA now that we have been referred to appear in court? I presume this is our first MCH
Best regards,
Duncan
You should not travel outside the US even with AP. If you are in court and you leave the country, you will be considered to have deported yourself, and you may not be able to return. Even if you do manage to get back (which could happen if the CBP does not know about your Immigration Court case, but that would basically be a stroke of good luck), your case may be negatively affected. Take care, Jason
I hope you’re doing well. I’m in the process of submitting my N-400 application for naturalization from Pennsylvania, where I currently reside and work (been in my address since 2022)
However, I plan to relocate to Baltimore, Maryland for work in July but expect to return to Pennsylvania within one year. Given that this move may be temporary (Only one year, ill be back to PA in july 2026), I wanted to ask:
Do I need to file a change of address (Form AR-11) with USCIS after I move, or can I maintain my Pennsylvania address for the purpose of my N-400 application (We own our home here in PA, so the adress is going to be the same), since I intend to return within the year?
I want to ensure I remain compliant with USCIS requirements while minimizing any potential delay in processing.
I asked couple of people and told me I have to change but wondering if this will delay my application process and make uscis confuse. Another option I can wait till next year after I came back to PA and apply to not have USCIS questions
Just wanted to do last checkup before submitting my N400 application.
Thanks so much for your guidance!
If you keep your driver’s license, taxes, etc., at the PA address, I think you are ok to use that address. If asked, you can explain that you stay temporarily in MD for work, but that you return to PA regularly and that PA is your permanent address. If you pay taxes and have your license in MD, I think you need to change your address, but you can do that and the case will move from PA to MD (or visa versa) and it should be ok. You might also get “informed delivery” from the post office, so you know if USCIS sends you a piece of mail (you will receive an email from USPS showing a photo of your mail). Take care, Jason
Jason,
Does PTSD or trauma due to personal life threatening situations in other countries qualify to overcome the one year requirement for asylum? What kind of evidence is needed to prove that? Isn’t that protected under HIPAA? Will the asylum officer ask to access health information to make sure?
Does kidnapping an immediate family member (father and/or brother) because of someone’s political opinion, activities or belonging to an opposition group to a certain government also qualify to overcome the one year requirement? What if that was the sudden change of circumstances less than a year ago from today?
PTSD can be a basis to overcome the one-year bar. You need to show that you were unable to file within one year due to the effects of the trauma. I wrote more about this on January 18, 2018, but evidence might include a doctor or therapist report explaining how the trauma made it impossible to work on your asylum application. The Asylum Office or Court would not have independent access to your medical records; you will give them the records to help prove the medical conditions that made it impossible to file on time. I am not quite sure how the kidnapping of a family member would help you overcome the one-year bar, unless that caused a trauma for you, which in turn prevented you from filing within one year. A change in circumstances can also overcome the one-year bar, and I wrote about that in that same blog post from 2018. Take care, Jason
Hi Jason, I have a question regarding citizens of Level 4 countries who are green card holders. The term “Level 4” refers to countries for which the State Department has issued a “Do Not Travel” advisory, meaning these countries are considered unsafe for American citizens. I’m trying to understand how this travel advisory might impact individuals from Level 4 countries who are green card holders or visa holders lawfully in the U.S. Could this categorization have any implications for them?
As far as I know, this has no effect on a person coming to the US. Maybe if/when a travel ban goes into effect, it will be based on the State Department country designations, and if so, maybe people from level 4 countries will be affected, but I have not seen anything about that, and I see no reason why certain level 4 countries should be banned. In other words, I think the list of possible countries for the travel ban will not be based on the travel warnings or level 4 designation, but all this is speculation and we will have to see what happens, as rumors about a coming travel ban continue to swirl. Take care, Jason
Jason,
As you probably heard the news today:
“Supreme Court allows Trump to enforce Alien Enemies Act for rapid deportations for now”.
What does that mean for pending asylum cases and for those who don’t have a pending case yet and they’re out of status?
Does this affect people from Level 4 countries? Either for those who are lawfully in the US and those who aren’t?
Would the immigration target certain nationalities? What nationalities are considered enemies of the US?
This ruling seems like a mixed bag. One the positive side, the Supreme Court says that non-citizens have the right to due process and can challenge the government’s effort to label them gang members without evidence. The main reason they lost the case was because the Court said that the case should have been filed in Texas and not in DC, and so venue was improper. Kind of a cop out, but there will be more litigation on this issue and we will see what happens when venue is not an issue. I think in general, coming from a “level 4” country will not be a basis for removal under the Alien Enemies Act, but we will have to see how the law evolves. Take care, Jason
Hi Jason, you’ve probably seen the announcement by Secretary of State Marco Rubio, who stated yesterday that the U.S. will revoke visas held by South Sudanese passport holders, and no new visas will be issued, effective immediately. Do you know if South Sudanese green card holders are affected by this? The guidelines aren’t clear, and Rubio made this announcement on social media.
Although I’m not South Sudanese, I’ve been following the news closely and am trying to understand what’s happening. Additionally, can he legally decide to revoke the green cards of South Sudanese if he chooses to? Some people are saying this action doesn’t include green card holders and that it’s mainly intended to pressure the South Sudanese government into accepting their deportees.
Dude, don’t be that scared. It’s ok if you’re Sudanese. No one is tracking you here.
I highly doubt GC holders will be affected, as this is in retaliation for South Sudan (allegedly) refusing to accept returned citizens. Also, while I think the Secretary of State does not have the power to harm South Sudanese people with GCs, I suppose he could use the same law that he used on Palestinian protesters to claim that their presence in the US potentially harms our foreign policy interests. This law is very broad, and perhaps unconstitutional. Also, I highly doubt he would use it in these circumstances, but these days, you can’t put anything past the Administration and their efforts to harm vulnerable non-citizens. Take care, Jason
Hi Jason, as per your advice, I tried to connect with a live agent on phone call in USCIS but I couldn’t may be it’s too early after my first call to expedite my i730 or something else, but I tried Ask Emma , and connected to a live agent but in response I got a reply that my case needs some security clearance so they are not able to give me answers without knowing who is asking these questions, so they told me to try the phone call process to get all security clearance or I should send an email or mail so I will get my answers but on chatting I can’t, so I told my family to keep calm, don’t get anxiety or stress, me and my family have a complete and blind faith in almighty so I hope we will get our approval very soon. It’s been already almost 9 and half months and by the grace of Almighty in next one or two months we will get the approval.
Thanx for your every reply and may God keeps you and your family safe and healthy my friend
It is very difficult to expedite. Maybe you want to talk to a lawyer to see whether they can help. Otherwise, hopefully, the case will be processed soon. Take care, Jason
Jason,
Have you heard of witnessed any asylum seeker who got arrested and detained by immigration after applying for asylum just because they overstayed their visa before the asylum? Failed the one year requirement and because they’re from a Level 4 county?
I have not heard about that, but I do not know for certain. It seems that people who are being detained tend to either have a criminal issue or a removal order (and in some cases even if the removal order was “withheld” as to their home country), and in some cases to people who entered the US less than two years ago and might be subject to expedited removal. There do seem to be people being detained for random reasons, and it is hard to keep track of what is happening, but I think that asylum seekers who do not have a criminal issue are generally safe from this problem, even if they are from a country that might appear on the “banned” list for the travel ban. Take care, Jason
Hi Jason
Will 2 prior speeding tickets and 1 citation for possession of alcohol in non-designated area (state park) cause any risk for reentry for an asylee GC holder? There was no arrest in these incidents and only fines which were paid. Plus, all these were mentioned in the GC application. Thanks
I do not know the specific laws you are referring to, but these do not sound like issues that would have any effect on a person who has a GC based on asylum. Take care, Jason
Is failing the one year requirement a reason for them to detain someone?
The one year filing requirement for asylum? If you don’t overcome that, you will be denied asylum, which can lead to being detained and deported. But I have not heard about a person who was detained only because they filed for asylum after one year in the US. Such a person could still be eligible for asylum, if they overcome the one-year bar, or they could be eligible for other relief. Take care, Jason
Jason,
If someone leaves the US with a pending asylum case and visa overstay before applying for asylum then travels to another country where he can apply for an asylum. If that person gets a citizenship from another country can he enter the US with that second citizenship and apply for a green card marriage based?
Maybe. First, it would be a good idea to withdraw the asylum case if you leave the US. I wrote about that on December 7, 2022. If your case is in court, you can ask the judge for voluntary departure before you leave the US. Both these ideas will hopefully avoid getting a deportation order, which makes it hard to return. Second, depending how long you overstayed, you may have a bar to returning to the US. If you overstayed for 180 days or more, there is a 3 year bar to returning, but if you overstayed for 1 year or more, there is a 10 year bar to returning. You can ask for a waiver, which is permission to return early, and maybe that can shorten the time. Take care, Jason
Hi Jason,
My questions I hold green card based on asylum on my green card residence date is April 2021, when do I apply for citizenship?
Thank you
Assuming you meet all the requirements, the earliest you can apply is 5 years after the date on the card, and you can mail the N-400 form up to 90 days before your 5-year anniversary (but no earlier, as a case can be denied if submitted too early), so that would be about January 2026. Take care, Jason
Jason,
How’s the new green card marriage based different now than before? Anything significant and crucial?
Will those who overstayed their visa then got married to a US citizen won’t be able to adjust status in order to get a green card?
There are no changes. Maybe delays are getting longer, but it’s hard to tell. People who enter on a visa and overstay are not blocked from adjusting if they marry a US citizen. Take care, Jason
Hi Jason, First, thank you for your April 2 blog post. It expressed exactly what I’ve been thinking and feeling, particularly since the ICE arrest of the Tufts student.
I’m a retired attorney in California. I never practiced immigration law before but am now handling a pro bono asylum case for a family from Russia. (A group of volunteers from my synagogue have been helping the family find housing, healthcare, enroll in school, get a donated car, search for jobs, etc. The family is not Jewish, btw.)
The family came through MX with a CBP One appointment in 2023, got an MCH scheduled for this summer, and filed barebones asylum claims before the 1-year deadline. They recently received work permits. In Russia they were openly anti-Putin, anti-war activists who attended rallies and hated the propaganda their kids were being fed in elementary school, which got worse after Russia invaded Ukraine. As the war dragged on and their son questioned why his parents didn’t agree what he was being told in school, they feared that their kids might be taken away from them, that they’d be jailed, and that the father might be conscripted. He’s of Ukrainian descent too.
I’m currently working on drafting detailed affidavits, arguments and country conditions, but haven’t filed the EOIR28 yet. I have a few questions on my mind and wonder if you can help:
1) Given the uptick in ICE detentions, should I give the parents a letter on letterhead to carry around stating that I’m their immigration attorney? They’re nervous about being detained by ICE and I wonder if having an attorney could be a deterrent to detention. I told them I think risk is low that ICE would target them, given the family’s ethnicity and country of origin. But you never know these days…
2) Do you have any general tips on how to argue a political asylum case for Russians based on fear of *future* persecution?
3) Do you know of legal organizations that share redacted asylum declarations we can learn from? I’d love to get a sense of how much detail is needed, how arguments are structured, and how evidence is set forth.
Thank you for your time. Any tips you can provide would be most appreciated.
1 – I don’t think a letter will help, but I do think they should have a plan to contact you if anything happens. I doubt ICE would come to their house, but if they have a check-in, it is possible they (or at least the father) could be detained. The main issue here may be that they seem to have come to the US less than 2 years ago, and could thus be subject to “expedited removal.” I doubt this would happen, but I guess it could – if so, they would have to do a credible fear interview (initial evaluation of asylum eligibility) and if they did not “pass” the interview, they could be deported. If they did pass, they would go back to an Immigration Judge. Again, I think this is unlikely and since they already filed an asylum application, they can probably pass the interview. 2 – I guess it depends on their level of opposition to Putin. Is it public? On social media? Maybe you can find articles or reports about similar people who were detained in Russia or harmed. 3 – I don’t know about that – I’ve written about affidavits here several times (https://www.asylumist.com/tag/affidavit/) and maybe that would help. Take care, Jason
Hey Jason,
I had a question, I married a US citizen last year and recently got my GC. Since I was the one who took the financial responsibility as in the sponsor while filing the application. At that time I was employed and had no problem paying all the expenses we had as a family but my work permit that was based on my OPT expired in july and didn’t not receive the other one in time so I lost my job and since then I’ve been trying to get a job but couldn’t find one as of yet. And recently we had a baby, so I was wondering if I apply for EBT on his behalf will that affect my case in anyway, I haven’t got any type of benefits from the government as of right now. Some of my friends suggested getting Medicaid and ebt for the child but the only thing that is holding me back is what if I get some sort of benefits, that can affect my case in the future when getting a permanent GC or when I apply for the citizenship.
Thanks.
I am not sure, but I think it does not affect you. The public charge rules apply to a person seeking a green card, but when you apply for citizenship, I believe the form does not ask about that (and I think the I-751 application to remove the condition on your GC does not ask either). You might take a look at the different forms to see whether they discuss this: I-485, I-751, and N-400, or talk to a lawyer if you are not sure. Take care, Jason
Hi Jason, Do you have any insight about the pause on green card processing for “certain” aslyee? What does it mean and who will be impacted? Looking forward to reading your article on this! Thank you.
I don’t. All I’e heard is that there is a pause, but we don’t know who is affected, how long it will last or really, what will be accomplished during the pause. If I have more info, I may do a post, but for now, I don’t know much else. Take care, Jason
April 3, 2025
Hi Jason,
I wrote below message the day before yesterday! I still need your substantial support for the following case.
I graduated in 2024, and my OPT will expire in May 2025. Unfortunately, my field of study is not on the STEM-eligible CIP code list; hence, I think I am not eligible for a 24-month extension. On the other hand, I couldn’t find organizations that were keen on filing about employment-based petitions (H-1B visas) on my behalf.
Since time is very short, what would you advise me?
I need your considerable advice.
Best regards,
I cannot advise you based on this information, as I do not know what you want to do. Are you trying to get a job? Get married? File for asylum? Without specific info, I do not know what is needed. I do think you should talk to a lawyer about specifics and let the lawyer know your goals. Hopefully, the lawyer can propose a way to help. Take care, Jason
Hello Jason
My asylum was approvd in 2023 and I applied I-485 i recieved RFE requezt in feb 30th which I sent on 10th march , its been delivered since 3 weeks , but no changes when i check online status it still show RFE requested , How long it takes to change status ?
At least in my experience, it used to be that most I-485 cases were decided soon after the person responded to an RFE (though this also depended on what was needed in the RFE). However, in the last year or so, that has not really been the case and we often see cases taking months for a decision after the person responds to the RFE. Hopefully, it will be soon, but it may not be that soon. Take care, Jason
Hi Jason,
I graduated in 2024, and my OPT will expire in May 2025. Unfortunately, my field of study is not on the STEM-eligible CIP code list; hence, I think I am not eligible for a 24-month extension. On the other hand, I couldn’t find organizations that were keen on filing about employment-based petitions (H-1B visas) on my behalf.
Since time is very short, what would you advise me?
I need your considerable advice.
Best regards,
Do we know any changes in the EAD policy? Is the USCIS still issuing 5-year EADs or did they return to the 2-year EADs as before ? Also any news of difficulties or EADs being delayed ? Thank you Jason,
I have not seen any changes yet in terms of processing time, and they are still issuing 5-year EADs for people who have pending asylum cases (category c-8). Take care, Jason
I think you should consult with a lawyer to go over specifics and see what your options are. If you are considering asylum, keep in mind that you have to file within one year of your last entry to the US, or meet an exception to that rule, One exception is that you maintained lawful status, which it sounds like you did, but once your status ends (and maybe it already ended if you do not have an OPT-qualifying job), then you have to file within a “reasonable” time, which is not defined, but less then 2 or 3 months is probably reasonable. Six months or longer is probably not reasonable. In other words, once your status ends, if you want to file for asylum, you should do that as soon as possible. I wrote more about the one-year bar on January 18, 2018. Take care, Jason
Hi Jason, there has been an online advice given to all immigrants, including those with green cards, to avoid traveling until the details of the upcoming travel ban are announced, and it becomes clear who will be impacted. However, it has now been reported that the travel ban is delayed indefinitely. The article notes, “The State Department said Monday it is continuing to work on the report that would serve as the basis for the anticipated visa restrictions but could not say when it would be ready.”
Full article: https://www.usatoday.com/story/news/world/2025/03/31/trump-travel-ban-visa-restrictions-delayed/82744274007/
Given this uncertainty, how should people with green cards—whether obtained through asylum or other ways—navigate their travel plans? While it’s important to recognize the risks, it’s also crucial not to live in fear. For instance, if someone needs to travel to visit a sick parent in a third country, what steps should they take?
I do not have a good answer for this. We thought the travel ban would be implemented by now, and I still expect it soon, so I have been advising people to wait to see what it says. However, if the waiting continues for a while, people will have to make their own decisions and weigh the risks. Maybe one idea is to have a flexible ticket, so you can hopefully return quickly, or to keep the travel short, in the hopes that you will be back before there is a ban. Otherwise, I guess just keep an eye on the news and if it seems like there will be a ban, try to return as soon as possible. None of these are good solutions, but until the uncertainty is cleared up, I am not sure what else to do. Take care, Jason
Jason,
I agree with the questioner. There is no ban so far despite the fact that the 60 day deadline since Jan 20 has passed. People cannot just have their life on hold. What if there is no ban by the end of the next 4 years? In that case, people would have wasted opportunities for travel.
That is true, and we thought the ban would be issued by now. Each person will have to weigh the risks and make their own decision, as it is possible that there will not be a ban, or that it will be in a very different version than the ban during Trump’s first term. Take care, Jason
Hi Jason
we were granted asylum in October 2024. With all the new regulations and pauses for asylum GC, can we still submit our I-485 form by our selves without hiring a lawyer? we can not afford lawyer’s fees. Does hiring a lawyer to file I-485 increase the chances of the adjustment of status being approved?
I am not sure that a lawyer causes the chances of adjustment to be approved, but they can look for any legal issues and will double check the form to be sure it is ok. The most important thing is that the I-485 is consistent with the I-589 and any other forms you filed, and so if you check that and are careful, you should be ok. I wrote more about this issue on November 13, 2017. Take care, Jason
I applied for asylum in the U.S. nine years ago. However, about three years ago, I had to leave due to a family emergency in a third country (not my home country). I applied for advance parole, but USCIS took a long time to respond, and their response came just a few days before my departure—too late for an emergency.
In November 2022, I attempted to return to the U.S. but was denied entry at the Mexican border. Since I cannot return to my home country, I went back to the third country where I currently reside. Now, USCIS has scheduled an asylum interview for me, but I am not in the U.S.
I do not want to jeopardize any future chances of returning to the U.S. legally, as I have a son there whom I have not seen in years and would love to visit. What is the best course of action to avoid complications with future visa applications or travel to the U.S.?
If you cannot return to the US for the interview, it is best to withdraw the asylum case. I wrote about how to do that on December 7, 2022. If you do not withdraw, the case will be sent to immigration court when you fail to appear for the interview, and then the judge will eventually order you deported, when you fail to appear in court. If you get ordered deported, it will be more difficult for you to return to the United States, so filing to withdraw as soon as possible is the best course – you will need to provide evidence that you left the United States, and then they should withdraw your case, which should hopefully avoid a deport order. Take care, Jason
Jason,
Can I update my asylum application with anything new that happened after I submitted my case? How do I do that?
You can. Normally, you do that prior to the interview by submitting additional information to the asylum office or to the court. There are rules about submitting evidence, depending where your asylum case is located, and you would need to comply with those, but generally, I think it is best to submit additional evidence only once – before the interview or final court hearing, and to submit all the new evidence at the same time. Take care, Jason
Dear Jason,
I hope you and your family will be fine and healthy,
I contacted USCIS as per your suggestion to expedite my family i730 petition and the response was pretty quick.
First I got a service request number and and an instruction that I will be contacted in next few days regarding my request and an officer will talk to me and I got surprised that I was contacted the next day of my call and then got an email too in two days in which there was a note written, ” We have determined that your situation and the evidence you have in your possession meets the minimum criteria for your expedite request to be forwarded to the office with jurisdiction over your case”. That email was sent to my email address and they sent it to my wife, furthermore they told my wife, that office might ask her to send that evidence through either email or physical mail so be ready to send it to the office.
Now I got another email today from said office of jurisdiction, which was addressed to me and I have been told that, ” Based on a review , your case does not meet one or more on the expedite criteria or otherwise merit expedite processing.” , and they just denied it.
I got a little confused because both statements are totally different from each other, is it normal? Both offices represent the same , I mean USCIS so I got a little confused and disappointed, so I need your opinion if I could get.
Thanks again for your great efforts towards the community.
Regards
This is very frustrating. It may be a change in overall policy (not not expedite cases) or it may be something specific to your case. I do not know. You may want to try again to expedite and see what happens. If you reach a person, you can tell them that the previous expedite request was approved and then cancelled. I do not know whether it will work, but it is worth a try. Good luck, Jason
Thanx alot Jason I will try to contact them again
Thank you for your help. I lost my green card without uknown reasons, Is that affect my citizenship application? Currently, how long will take to replacement a new one?
You can file to replace your GC using form I-90, available at http://www.uscis.gov. I do not know how long it takes to get the new card these days. It is better to have the original card when you apply for citizenship. Whether you can apply without the original card, I am not completely sure and you may want to have a lawyer check that before you try. Take care, Jason
Hi sir, for Ead renewal the money should be payable towards USCIS or DHS ?
Thanks
You can file online and pay that way, but if you pay by check, it is to Department of Homeland Security. Take care, Jason
Hi Jason,
I received my green card through asylum last November. I am planning to travel to a third country (Turkey) with my family for three weeks to visit my relatives after nine years. I also have travel documents. Do you think it is safe, or could there be any issues when I return to the border?
Hi Jason,
I received my green card through asylum last November. I am planning to travel to a third country (Turkey) with my family for three weeks to visit my relatives after nine years. I also have travel documents. Do you think it is safe, or could there be any issues when I return at the border?
If you have a valid Refugee Travel Document, you should be fine. However, a travel ban is supposedly coming soon, and if you are from a banned country, that could affect your ability to return here. You may want to wait until the ban is announced so you know whether you are affected. It is certainly better to know this before you leave the US than risking potentially being stuck outside the US when it goes into effect. Take care, Jason
Hello Jason,
Thank you for all what you do.My sister filed for 1-485 in February 17 2023,onthe case status her case was transferred to another office for jurisdiction in September 14,2023,again in March 25,2025 her case was transferred to another office for the same reason (jurisdiction)does she have any reason to worry or it’s something common.
Hey Jason,
My sister filed 1-485 on February 17,2023,,in September 14 2023 on the status ,they said they have transferred her case to another office for jurisdiction and again in March 25,2025 on the case status ,they transferred her case to another office for jurisdiction.
Does she have a reason to worry or it’s a common thing.
Please advice.
Thank you.
It is pretty common. The case is moving slowly. Now, we have recently learned that USCIS is “pausing” I-485 forms filed by asylees and refugees, so if that is her category, she might face even more delay. If it does not get processed, she could consider a mandamus lawsuit to force USCIS to finish the case. Take care, Jason
I hope you’re doing well. Just wanted to double check plzz….. my upcoming N-400 application *April 7th 2025
July 2025, I will be relocating to another state “baltimore” and now i live in “PA” for a one-year temporary work assignment. I’ve already signed a contract with my employer here in PA, and I plan to return to my permanent residence by July 2026. I own my current home and intend to keep using it as my permanent address.
Given that my move is temporary in baltimore and my permanent address will remain the same in PA, would you advise updating my address in my USCIS account during that one-year period? I’ve heard that updating the address might delay the application process, and since I’ll be returning to my permanent residence, I want to make sure I handle this properly without causing unnecessary delays. What is the best way to do this.
Thank you in advance for your guidance.
I am not completely sure I understand the question, but if you have a permanent address where you have your driver’s license, taxes, bills, etc., and you go stay somewhere for a temporary period, I would probably not change my address with USCIS unless you no longer get mail at the permanent address. Otherwise, that sounds like you main address and the fact that you are staying somewhere else for a short period does not change that. When you fill USCIS forms or are asked about this, you should probably list both addresses as overlapping, but indicate that the one address is permanent and the other is just a place you stay sometimes for your job. Take care, Jason
Hi Jason,
I had my interview on Mar 17th at the Newark Asylum Office. Interview went really well and the officer was very polite throughout. Towards the end, RFE was issued for regarding firm resettlement bar which I already provided. They have asked us to come back again on Mar 31 to collect the decision and asked to come with all the dependents. Is there anything I can make out to understand which way they’re leaning?
There is no way to know until you go there. Supposedly, they will be trying to issue decisions in person for most cases. Hopefully, you will get positive news, but it is also possible the decision will not be ready by March 31, and so you have to remain patient until you get the decision. Good luck, Jason
Hi,
Thanks for all your help.
I don’t know if you have seen it yet but apparently Trump administration has asked USCIS to pause applications for greencard for Asylees and refugees. What does it his mean? I was granted asylum last year in December and was waiting to apply on June. With this should I apply now since it might take longer or will there even take my application? This is crazy
We don’t exactly know what this means – how long the “pause” will last, whether it will be blocked by a court, whether some cases will still be processed. I think we have to wait and see, but presumably, even if such cases are paused, you can file a mandamus lawsuit to force USCIS to process your case. This is obviously not preferred, as it is expensive, but it may be an option. I would wait at least 6 months after winning asylum before you file the I-485 – I wrote about that on February 6, 2023, but you also have to keep an eye on this rule to see whether the Trump Administration requires people to wait a full year before filing for the GC. So far, that has not happened, but I guess it could. Take care, Jason
Hello
I have a question regarding the cancelation of removal. 10 years are counted from the day you arrived in the US or the day that is showing on your receipt of the i589 form.
Also, does your office do such cases in Nyc?
Thank you
The 10 years starts to count from the day you arrive in the US and the clock stops once the Notice to Appear is issued (this is the document that commences the immigration court case). Our office does such cases in NY – we have an office in Newark. Take care, Jason
Hi Jason,
Thank you for always giving us valuable advise.
Is there any way you may know of that a spouce of H1B visa holder can get a work permit before the h1b employer files I140 for the h1b employee,which i hear some employers even wait to file in the 5th year.We are just in our first few months and obtaining one by changing from h4 visa to student visa may not be advisable
I do not do such cases and I don’t really know. I think the spouse cannot get a work permit based on the principal’s H1b, but they can try to get a work permit based on other types of applications if they are eligible. Take care, Jason
Hi Jason,
I applied for renewal of my EAD (i765) under section c8 back in September, before I was granted asylum. Today when i checked the status of my application, it says “case was denied”.
Am confused , is this because i am granted asylum and I need to file under different section? Also is this a common situation?
I need your usual help,
Thanks, Jason
Hi AB, that’s normal don’t worry, USCIS automatically is going to issue a new EAD under (a5) granted asylum and when you receive your Green card you do not need an EAD anymore.
Ok,
Thanks Nicki.
Blessed day!
It could be because you received asylum and will get a new EAD based on asylum granted, but it could also be for another reason. You should get a paper notice soon, and that is the only way to know for sure. Take care, Jason
Ok, will check .
Thank you Jason.
Blessed day!