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,
Happy inauguration day.
When you are an affirmative asylum pending , and your immediate family, spouce and children are still out of states.You have been approved for H1B petition, but do not opt for change of status from asylum pending to h1b, can i obtain an emergency advance parol to go and obtain a h1b and h4 visa at a u.s consulate outside my home country?
And if i opt to do the change of status inside the u.s,since i cannot start working on the h1b job without obtaining a visa or doing change of status, how easy will it be for my dependants to obtain the h4 visas when they go alone, to the consulate in my home country, compared to when i would have gone together with them if i opted to do consular processing and not change of status?
Would they be easily denied the h4 visa under section 214b, unlike when when included them in my h1b visa application and when with them, since h1b is not subject to the section 214b denial?
Thank you
You definitely need to talk to a lawyer to guide you here, as there are many factors at play. I wrote about AP on September 11, 2017, and that my give you some ideas. I think it will be difficult to get AP in the time frame that you need to leave and consular process, and changing status would normally not be a basis for an emergency expedite case (maybe you can think of other reasons for the expedite – once you have AP, you can use it however you want, and so if the case is expedited to see a sick relative, you can do that and also consular process). Also, as an asylum seeker, going to the home country can raise issues about whether the asylum was legit, so you would need to go to a third country. If you are eligible to adjust status here, that would probably be better. H1b applicants would not normally be denied for “immigration intent” and so you should be ok on that point. I think the same rule applies to dependents, but I am not certain about that. Take care, Jason
Jason,
Are you going to update us about any executive order Trump signs about immigration in general? Are you aware of any yet?
I will do what I can, but you would do well to look to other forums for quicker and comprehensive updates: Asylum Seekers Assistance Project, Northwest Immigrant Rights Project, ACLU, and American Immigration Council are a few. I will also post information here and answer questions, as usual, but I have very limited resources to post comprehensive updates. Take care, Jason
Hi Jason, I have a pending asylum case since 2018. Just got 3rd renewal of EAD. my question is, my spouse’s brother is usa citizen. Can he file a family based green card for us?
He can file for a sibling (and the siblings spouse and unmarried, minor children), but the wait is very long (at least 12 or 14 years) – you can see that if you Google “DOS visa bulletin” and look at the category for siblings of citizens. There is no status during the wait, and even at the end of the wait, the beneficiaries would most likely need to leave the US to get a green card (which may or may not be possible). In short, this is not a very realistic path for most people. Take care, Jason
Hi Jason!!
I am the principal applicant for asylum, and my wife and daughter were approved along with me a few months ago. Now that it’s time to apply for a Green Card, I have a question regarding the forms.
Do my dependents (my wife and daughter) need to fill out both Form I-485 and Form I-693 separately?
Yes – each person needs the I-485 and medical exam to apply for a Green Card. There may be a discount for your child if the child files together with at least one parent – it depends on the child’s age. Look at the I-485 Filing Fee page at http://www.uscis.gov. Take care, Jason
Hi Jason – Thanks for your help!!
Quick questions:
a. When parents are divorced & if both parents filed Asylum separately.
Can their kids be on both parent’s applications as dependents?
b. When parents are NOT divorced & can both parents file Asylum separately?
If yes, Can their kids be on both parent’s applications as dependents?
c. When parents are NOT divorced & both parents file Asylum separately.
Can one parent be as dependent on other parent’s application?
Thanks!
a – I think so. If one parent wins, the children will get asylum status and can withdraw from the other case. b – I think they can. You might check the Special Instructions on the I-589 web page at http://www.uscis.gov. I am not sure if this is still the rule, but one parent may need to file at the Atlanta Vetting Center. In general, I think it is better for only one spouse to file, but if the marriage is unstable, that could be a reason for both to file (in Immigration Court, this is different and both parents could file there). c – I think so. If you get to the interview and that happens, they may try to make the dependent spouse withdraw their asylum case. Whether you are required to withdraw at the interview, I am not sure. Take care. Jason
Jason,
Will ICE target people with pending asylum cases and no criminal records? Also got in the US legally.
Will Trump be able to cancel all the legal process that an asylum seeker should go through before deportation and have ICE arrest and deport just like that without going through the usual legal procedure? Is that possible?
We do not know, but there are probably 2+ million affirmative asylum seekers (principals and dependents) and maybe another 2 million in court, so that is a lot of people. They say (sort of) that they will focus on criminal aliens, but there just aren’t that many of them who can be deported. I wrote more about these questions on January 1, 2025. In terms of canceling asylum, that is part of the law and can only be changed by Congress. However, Trump can and probably will do everything possible to limit asylum and make it more difficult. Take care, Jason
Hi Jason ,how are you doing ?I had my individual interview hearing scheduled since June 2024 for mars 2025.but today when I check my EOIR case again to see if my IH is still on march I see they push it back to July .ibwanr to know what reason they pushed it back with the same judge .this is 5 years I was waiting for the individual hearing since 2020 .i was in USA since 2015 .
Cases move around a lot, often with no warning. It probably has nothing to do with you, and is related to the court’s schedule – maybe the judge has a case that the judge views as an emergency. Or maybe the judge decided to go on vacation that week. We don’t know and they probably won’t ever tell you. Take care, Jason
Hello Jason,
I hope you’re doing well. Please I have a question.I came to the US on a R1 visa. I also had a B1/B2 visa but my I94 was on the R1. I am an Asylum seeker for almost 9 years. I actually get my EAD for 5 years and TPS approved separately. My Dad has the Citizenship but he never likes me, he would never apply for my green card. Actually, I get a copy of all his documents. Do you think it’s ok for myself to put the application in the system without telling him, since I have the documents? He has no income actually I would put my income and somebody else’s. What is your suggestion as a lawyer? Thank you
I understand that it is a rough situation, but you cannot do that. For one, it is illegal, and for another, it won’t work. Assuming you are over 21, there is a long waiting period to get your GC and you likely would have to leave the US. Also, your father could be contacted in different ways or called to attend an interview. Maybe you want to talk about ways to expedite your asylum case – a lawyer can help with that. I also wrote about it on March 23, 2022. Take care, Jason
Thank you so much.
Hello Jason,
I am a pending asylee and my son is on my Form I-589. I got married to a US citizen and got my green card a few months ago. In December, I got a letter from the Asylum office asking me to fill out a little form if I intended to pursue the asylum. I filled it out and sent it because my son is already over 21 and is now working after graduating college. I got a letter today from the asylum office saying the Form I-589 has been dismissed because they didn’t get a response from me. I have a copy of the form, the USPS receipt and notification showing it was delivered with the 30 day allotted time. The last paragraph of their letter says if I believe the dismissal was made in error, I should write a letter to them to give reasons. Can I write a letter? Or would I need to get a lawyer to write it for me?
I think you can try yourself first – send them an email with the evidence that you sent the letter and state that you do not want the case dismissed. You can find their email if you follow the link under Resources called Asylum Office Locator. If that does not work, you can try a lawyer for help. Take care, Jason
Thank you very much
Jason,
Is it true that a new asylum case will take 6 days to 30 days to be looked at and figured out by an asylum officer? I heard an attorney saying that live on YouTube.
I have not heard about that. When you file a new affirmative asylum case, you usually get a receipt in about a month. Of late, very few people get fast interviews under the LIFO (last in, first out) system that prioritizes new cases. In our local office (Virginia), I saw data that seems to show that less than 1% of new cases were interviewed. If you do get a fast interview, it usually takes a few months from the time you filed. If you do not get a fast interview, it can take years to get the interview (many people have been waiting for an interview since 2015). Once you have the interview, it is possible to get a fast decision, but most people wait at least a few months for the decision. Take care, Jason
Hi Jason,
If one came to the U.S legally on a non immigrant visa together with a spouce they were legally married to and a children.
Suppose they separate while in the U.S, do they officially have to get divorced while in the U.S before they can adjust status to marry U.S citizen, or can they just file adjustment of status without dissolving their previous marriage which was legaly officiated in their home country?
You have to be legally divorced to get married here, and it sounds like the US government would be aware of the prior marriage, since you came together with your spouse. I think being legally married to two people at the same is actually a grounds for deportation. So yes, you need a legal divorce before you marry here and try to adjust status. Take care, Jason
Jason,
If an asylee gets married while an asylum case is pending. Is it possible to drop the case and just adjust status? And apply for green card through marriage?
It is possible, assuming you are eligible to adjust status – I wrote about that on August 8, 2018. Most people who entered legally and do not have a criminal record are eligible to adjust status if they marry a US citizen. For my clients, we normally apply for adjustment and then when they get the GC, we dismiss the asylum case. I wrote about that on December 7, 2022. Take care, Jason
Jason,
In your previous response you said:
“The main reason to not file now is where the person has a weak case and it is better to lay low rather than inform the government of your address and job location by filing the case”.
Is missing the one year requirement before applying make the case weak by default? Even if the case is valid/solid? If yes, would the USCIS (authorities) out of the blue come home or any where else to arrest an asylee who has a pending case and clean criminal records??
The one-year bar is a factor, but it can be overcome – I wrote about that on January 18, 2018. So in some cases, missing the one-year filing deadline will cause a person to lose the case (even if the claim for asylum is strong); other times, missing the deadline has no effect. ICE rarely comes to an asylum seekers home where the person has no criminal record and there are no accusations of crimes or terrorism overseas, however they can come to a person’s home, and so if you have a weak asylum claim and are likely going to lose, you have to weigh the risks of filing (and giving the government all your info) versus doing nothing. At this point, maybe you want to wait a bit to see how the Trump Administration is proceeding, and they you will have a better idea about the risks. Take care, Jason
Hi Jason, How is asylum granted to individuals who worked for the U.S. government in countries where their work may put them at risk? For Afghan and Iraqi nationals, there are specific frameworks, such as Special Immigrant Visas (SIV), to offer protection. But what about individuals from other countries, such as Yemen, Syria, Libya, Somalia, or Sudan or other countries, where it may still be dangerous to work for the U.S. government or its embassy?
If someone is targeted or persecuted because of their association with, or perceived association with, a country or its embassy, such as the U.S. embassy, this means they are being targeted for political reasons. The persecution is often due to their perceived ties to the foreign government, which may make them a target of hostility, violence, interrogation, or retaliation by the governments or other armed groups.
We see these types of cases now and again. I currently have one where the person worked for a US consulate in Pakistan. Such cases tend to be strong, and it is a very good idea to get proof of the job at the embassy, such as ID cards, work contracts, letters from other staffers (especially US citizens), etc. We usually frame the case as political, but it might also be religious (for example, the Taliban view anyone who worked with the US to be an infidel). I guess it could also be a particular social group of some kind (people who worked for the US government). While winning such a case is not automatic, if you have evidence of the job and the threat, you should have a good chance for success. Take care, Jason
Hi Jason, heard abt cbp detaining people in Bakersfield Cali though not sure if affirmative applicants should be concerned too and how to handle such situation? Need ur suggestion
I do not know about that, but there have been a lot of rumors circulating, many are probably deliberate attempts to frighten people. If CBP is detaining people, we would need to know who is being detained and why before we can reach any conclusions. For now, I think it makes sense for everyone to take the steps needed to get ready for the next Administration – I posted about that a few days ago. Take care, Jason
Jason,
Do you still submit asylum applications this January for your clients? Or you’d rather wait until the new administration fully takes over? Do you recommend an asylee to submit their application ASAP or wait and see where things go knowing that asylee must apply either way while not applying is NOT an option for them.
If an asylee applies now, will the new administration changes (if any) still affect their application or you think the new changes would/might just affect applications that have been submitted after January 20th?
I am continuing to submit cases. However, for certain cases – involving domestic violence or criminal gangs, for example – I might hold off to see how things develop over the next few months. For other cases, where they more easily fit into the legal framework for asylum – political or religious persecution, for example – I would be more willing to file. I imagine that most changes Trump makes will affect all asylum cases regardless of when they filed. The main reason to not file now is where the person has a weak case and it is better to lay low rather than inform the government of your address and job location by filing the case. Take care, Jason
Hi Jason,
Thank you for always giving us valuable advise.
Should Trump re-impose H1B visa restrictions such as those he imposed in 2020, what happens to those who have already been granted the h1b and h4 visas but are yet to travel to the U.S to start the h1b jobs.
Does those visas become invalid, and would they be denied entry at U.S airports once the restrictions are in place?
Regards,
Jojo
I do not do H1b cases and so I do not know much about that. Also, I have not heard about any plans to restrict H1b visas – people like Elon Musk want to continue them while other Trump supporters want to end them. If you already have the H1b, maybe you want to talk to the employer about making your start date earlier so you can travel here immediately, rather than waiting until after Trump takes office. That said, unless you are from a country that may be banned, it seems unlikely that H1b people will be blocked. But if you want to be extra safe, obviously it would be better to get here before January 20. Take care, Jason
Jason, .
How long do you get a receipt after mailing an asylum case? And how long after you apply for work authorization? How long does the work authorization take to be issued?
All this may change once Trump comes into office, but lately, it has taken a few weeks to get an asylum receipt. You have to wait 150 days after the date on the asylum receipt to apply for a work permit, and once you apply, work permits take a month or two. Take care, Jason
Loved your Detention Tension atricle. I watched Tom Homan (the so called Border Czar’s) recent interview. He looked pathetic, scared, confused and could not answer a single question that the host asked him. He mumbled most of his speech and he was hitting around the bush during his speech. I think he is scared that he will not be able to fullfil even 1/10 of what he had promised.
Good luck to all asylum seekers who will be fighting with this moron administration.
I had thought that the second Trump Administration would be more competent, but given the people they are choosing for high office, that seems unlikely. Nevertheless, I expect they will harm many innocent people during their witch hunt for “criminal aliens.” Take care, Jason
Hi Jason, can I file request FOAI to request all my records from CBP. I have been traveling after my asylum was granted. I used RTD before, and now I use my green card and my passport. Sometimes, I have encounters with them at the airport and they ask questions. It’s unclear if they are recording or taking notes. Is it a good idea to get CBP FOIA before naturalization? How long does it take to get the records? Do they redact info?
I have not tried and that and my only attempts at a FOIA for entry records did not work out. However, it may be possible. Maybe if you look around on he CBP website, you can find some direction. Also, potentially your Congress person can help – they usually have a staffer who assists with government requests. You can find their contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
Hi Jason,
I trust you are well.
If Trump decides to end the H1B on Jan 20th, maybe through an executive order or some form of intervention.
What happens to those whose petitions were approved and now have pending visa appointments for h1b and h4 visas combined, at U.S consulates?
Does the Embassies refund the visa application fee, being the fault is not on the applicants, but a U.S government policy, or does those with already approved petitions and pending visa appointments go on with their scheduled consular interviews past Jan 20th?
Regards,
Jojo
I am not sure there is a plan to do that and such a move could potentially be challenged in court. However, while H1b visas are part of the law and would need Congress to make a change, the President has a lot of latitude to make rules restricting H1b visas. I do not know what will happen, but I do feel pretty confident that if the government finds a way to block H1b people, they will not be issuing refunds. Take care, Jason
Jason,
How do you send your asylum cases? Mail? Electronically? How many ways are there to send an asylum case? And what’s the most sufficient? Especially for getting a receipt while knowing the case has fully and legimatly been submitted.
We have been sending by mail, but in the new firm, I expect we will send more electronically, as they are better about that sort of thing. I do not like the online system and the interface between the lawyer’s account and the client’s account is not well designed. For a person filing without a lawyer, online is probably better, and if the lawyer/client interface worked better, online would be better for represented clients as well. Take care, Jason