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
Hello Jason,
Can an asylee withdraw their asylum application if the threat is being eliminated in their home country?
Would that withdrawal impact the asylee in case of applying to a travel visa to come back to the US in the future?
You can withdraw and I wrote about that on December 7, 2022. Withdrawing does not erase the fact that you filed or that you possibly violated your prior non-immigrant status in the US, and so it may still be more difficult to return in the future. Some types of visas are not affected by an intent to immigrate to the US, such as the H1b or L, and so they may be easier to get than visas such as the B or F, where you have to promise to leave the US at the end of your period of stay. Take care, Jason
Jason,
Will 10 year bar still automatically be triggered (after 7 years of visa overstay) if a clean slate person willingly and voluntarily leaves the US without being removed/deported and without any detention? Also, without going through the official departure ports?
Would that person still be able to get a travel visa and come back to USA legally again?
If you were in the US without status for 1+ years and then you leave, the 10 year bar is triggered. There are different exceptions and maybe you want to talk to a lawyer about that. Of course, if USCIS does not know you were here or left, it will be harder for them to enforce the bar, but it is probably difficult to live here for 7+ years without the US government having a record of that. Maybe a lawyer can help think about any ways to overcome the bar or to seek a waiver, so you can return in less than 10 years. Take care, Jason
Dear Jason,
I recently ordered your book, The Asylumist, on Amazon, and I must commend you—this book is truly a lifesaver. As an avid reader, I deeply appreciate the wealth of knowledge it provides. Unfortunately, many people do not cultivate the habit of reading, yet so many of life’s secrets can be found in books, much like the Bible.
I highly encourage everyone in this forum to get a copy because knowledge is power! Thank you for your invaluable work, Jason.
Best regards,
SAILOR007
Thank you – I am glad somebody read it! Take care, Jason
Hi Jason
Is USCIS bound to respond within “60 days” against a filed mandamus suit ?
Is it 60 business days ?
In my case it’s been 65 calendar days today and there is no response in any form by USCIS
Could there be any repercussions against them ?
I think they should respond in 60 calendar days if that is what the judge ordered. If not, you can ask the judge to sanction them or issue a new order. Take care, Jason
Hi Jason, my brother is here on F1. He just got termination and the letter stating that he has to leave by 17th February. Now we have filed i539 before 17th February. My questions are,
1 is he cosider as out of status?
2 can we file asylum if he is in the US since 2023?
3 i bought a car under my name and brother is driving that car with insurance. Is there any negative impact on pending asylum case?
Please help me out.
1 – It sounds like he is out of status, but if you filed a timely I-539 to change to another status, he is allowed to remain until that is decided, and he does not accrue “unlawful presence” while the I-539 is pending. 2 – You can, but he will need to show an exception to the one-year bar. Being in status is an exception, and so if he files in the coming days or a few weeks, he should be ok. I wrote more about the one year bar on January 18, 2018. Also, he might need to explain why he filed an I-539, seeking to extend his stay here, but promising to leave after that extension, but now he is asking to stay permanently based on asylum. 3 – I do not see why this would have a negative impact. Take care, Jason
Jason,
With a pending asylum case, can I adjust status through marriage (spouse is a US citizen) even if have a J1 visa 2 years requirement from 11 years ago?
What happens if I apply to adjust status without getting a J1 waiver? Have you ever seen anything like this?
If the J-1 has a two-year home residency requirement, you have to get a waiver of that before you can adjust status. If you do not have a waiver, the adjustment cases will be denied. If you win asylum, then a J-1 waiver is no longer needed. Take care, Jason
Hi Jason,
I hope you’re doing well.
Ten months ago, my friend filed an I-730 petition for his wife after his asylum was granted. Yesterday, he received a transfer notice stating:
“We have completed a preliminary review of your petition. The I-730 petition has been transferred to a USCIS international field office or to the Department of State in the country where your beneficiary lives. Once that office receives your petition, either the USCIS international field office or the NVC will send you instructions for your beneficiary’s interview.”
I’m a bit confused. Previously, USCIS used to issue an Approval Notice first, and only afterward would the NVC take over. Has this procedure changed?
Looking forward to your insights.
Y’all asking for friends here, hahaha You don’t need to be afraid to say “I”. No one is tracking you LMAO
Had this issue been mine, I would have said “I.” My family’s case was processed long ago. When I referred to the past, I was also including my own experience. I first received an approval notice, followed by another notice from the NVC stating that my family’s case had been transferred to the embassy.
However, in this particular instance, I am inquiring about my friend’s case. He shared with me what he received, and I came here to ask Jason, knowing that he has been assisting us for a long time.
Just a friendly reminder: Let’s keep the discussion focused and avoid unnecessary comments. Thank you!
I guess I also remember them issuing an approval before sending the case to the embassy overseas. Maybe this is a change in procedure or maybe it is something specific to this case; I am not sure. It sounds like the normal procedure for an approved I-730, so hopefully, it will process normally at the consular stage. Take care, Jason
Thank you, very much!
Hi Jason, I have a pending asylum and applying for an EAD renewal online for the first time and I don’t see an option of category c8 under the current immigration category dropdown menu however I see 999 category which says alien awaiting asylum decision, is that the category I would choose?
I have not used the online system much, but my understanding is that is the correct category. Double check the instructions to be certain. Take care, Jason
Hi Sir, will co8 Ead first renewal (completing 2 years) needing fingerprints ? Though there is auto extension of 6 months. And are new eads for 5 years ? Tyi
Hi Jason,
One of my parents lost an asylum case many years ago and has a final order of removal, but thanks to order of supervision they have been “allowed” to stay. I’m now in the military and trying to get the military parole in place but since they have a removal order (no other grounds of inadmissibility other than EWI) they can’t get PIP yet.
My question is- with the end (?) of widespread prosecutorial discretion, how difficult do you reckon it’ll be to get a joint motion to reopen with OPLA (I’m in a blue state not that it matters )?
Did you see any joint motions to reopen granted during Trump 1.0? I’m trying to remain hopeful.
I really do not know. I have not heard about DHS refusing all motions to reopen, and so if there is a basis to reopen, they might agree, especially if it involves a military family. On the other hand, it is not easy to reopen a very old case. I think if a legal path opens for your parents, you should talk to a lawyer about specifics to evaluate whether they have a path to status and whether a motion to reopen might be an option. Take care, Jason
It seems that USCIS re-uses fingerprints for most people and so you will probably not need another such appointment. The automatic extension is 540 days, and the new card should be valid for 5 years. Whether the Trump Administration is moving to change any of this, I do not know, but I have not heard of any changes yet. Take care, Jason
Jason,
When are you going to resume submitting affirmative asylum applications?
I never stopped, though I think I did not have any news cases in a couple weeks. We are working on such cases now, and I expect they will be filed soon. Take care, Jason
Jason,
What disqualify to get a work permit after applying for asylum more than one year after getting in the US?
Are there clear disqualifications? What qualifies for work permit if the asylee applied for asylum years after getting in the US?
The Trump Administration had looked at denying work permits to people who filed for asylum after they had been in the US for more than a year. The basis for that is the idea that they are ineligible for asylum (since asylum seekers must file for asylum within one year of arriving or demonstrate an exemption to that rule), and since the person is not eligible for asylum, they are not eligible for a work permit. Whether they will try this now, and whether they will be able to block certain people from obtaining work permits, we will have to wait and see. Take care, Jason
Jason,
For someone who entered the US legally, but overstayed and been out of status for years then applied for asylum due to Change of circumstances and other factors that could be life threatening.
Would that application treger ICE to come arrest that applicant? Even if the applicant is clean slate (no criminal records whatsoever).
I do not think that situation would be a trigger for ICE. However, filing late can be a basis to deny a work permit. We have not seen this in the past, but we do not know how things will work in the new Administration. On the positive side, I have not heard about ICE targeting asylum seekers, and as a person with a pending case, you cannot legally be deported, and so you should have some protection. Take care, Jason
Hello Jason,
Came to US (B1/B2) visa
1.Applied asylum, USCIS and immigration court denied, appealed and now my case pending with BIA.
2. My employer applied H1B visa got approval (Oct.2023-Oct.2026) but never get sticker visa since USCIS referred me to go abroad US to get visa and it’s a big risk since my asylum is pending.
3. My employer applied EB3, I’m expecting my PERM get approval by Aug.2025.
Questions:
1. Regarding my asylum do you expect I’m on risk by ICE?
2. If my EB3 get approval, do you think still I need to go abroad to get a visa and come back to change of status or I can request immigration judge to decide (COS) instead USCIS, because USCIS always sending me abroad for (COS).
Sincerely.
1 – I have not heard about them arresting people with BIA cases, but I guess they could. I imagine you would be more of a target if you had a criminal history or if the appeal is denied. 2 – This depends on many factors, but most people in this situation would not be able to get the GC at all, or would need to leave the US to get the GC, depending on your situation. If you have a lawyer, maybe the lawyer can map out for you, step-by-step, how you get from where you are today to having a GC, whether you have to leave the US, how that will work, and what are the other risks. This is all very fact specific and so you need a lawyer to analyze your situation to determine what is possible. Take care, Jason
Jason,
Do you work on J1 Waivers? If not, does anyone in your team specializes in that kind of application? If yes, please post their name(s) and contact information. I’d like to get a consultation. Thanks.
I do not do such cases, but if you reach out to the firm, someone can assist: https://www.murrayosorio.com/contact-us/. Take care, Jason
Jason,
Have you ever applied to visa overstay forgiveness form? If yes, how did that go?
If an asylee (with J1 2 years requirement to return home) has a pending asylum application then decided to risk his life (and wife and kids) by trying to go back home to fulfill the 2 years requirement knowing that the applicant overstayed visa years before applying for asylum. Can the applicant come back to the US with his American wife and kids? Will he need to apply for visa overstay forgiveness? How long does that process usually take?
A lawyer told me that if an asylee applies for asylum then apply for a J1 Waiver, the likelihood is that USCIS will send the J1 Waiver application to the asylum office and that file will sit with the asylum file together until the asylum case is figured out. That came from a well known immigration lawyer specializes in J1 Waiver.
He didn’t recommend applying for a J1 Waiver if there’s a pending asylum case. He says it’s a waste of time and money. He could’ve accepted the case and took the money but he’s saying that I don’t want to take your money over something I know that’s a big chance won’t work. I need your opinion about that, please. Thank you!
I don’t really understand the question, sorry. A person can do a J-1 waiver inside the US if he has a basis to get status here, but if he wins asylum, the J-1 waiver is no longer needed. If a person has “unlawful presence” in the US and then leaves, he may have a bar to returning here (a 3 or 10 year bar, depending on how long he was in the US unlawfully). It is possible to request a waiver of that bar, but it would likely take a few years to get a decision. Also, if an asylum seeker returns to the home country, it may appear that the asylum case was fake, since he returned home, and that could have a negative effect on any attempt to return to the US. I have never heard about a J-1 waiver application being sent to the asylum office; it is a different application and a different legal standard, but maybe that lawyer knows more about this than me, as I do not do J-1 waiver cases. In any event, I think you need to talk to a lawyer again about specifics and see what the options are, and then decide. Take care, Jason