Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Hi, I have a quick question about adjusting status. I currently have F1 status and TPS both, but my F1 will expire soon. Is it possible to adjust status from TPS to F1 without leaving the US if I pursue my Masters in the fall?
Hi Jason, two years ago I ran into a small misdemeanor problem with the police and the case was dismissed with nolle prosequi but not taken by police, arrested or fingerprint were taken, I have received my interview schedule for middle of January, does this affect my asylum decision? Do I have to mention it on the interview since there is no conviction. Thank you!
You need to mention it – if you fail to mention it, they will likely know anyway, and if they think you are trying to hide it, it could have a negative effect on your case. You should also bring a copy of the “disposition” (final outcome) of the case, so you can show them it was dismissed. Given that it was dismissed, there should be no effect on your asylum case. Take care, Jason
Hey Jason,
Thanks for all your advice and tips. I followed your advice on following up with the asylum office for a decision and finally got an approval. So thanks a lot.
I guess I have 2 questions:
1- I’m applying for the Refugee travel document and I’m confused on the initial evidence requirements:
-A copy of an official photo identity document;
-Proof of refugee or asylee status;
It’s not asking for a passport picture? Are there new rules? I thought this was a replacement of passport for stateless individuals? Or am I missing the requirements?
2- Since I have a health trip and will be expediting my travel document, im wondering how does USCIS count the 1 year since you became an Asylee for applying for the green card. Does the 1 year since I gain asylum excludes all the travel? Or it doesn’t matter if I had travel during my 1 year as an asylee?
3- last, when I’ll be applying for the green card should I also apply for advance parole? Since I’ll need it in case I travel so that it doesn’t affect my pending application? Or just the RTD is sufficient for people who gained asylum, and pending green card based on asylum?
Thanks so much and congratulations on the new job!
1 – We submit a copy of the passport (photo/bio page), the asylum approval and asylum I-94, and for dependents, proof of the relationship with the principal (marriage or birth certificate). As far as I know, you have to file 2 passport photos with the I-131 form. But I have been doing it the same way for years, and so maybe they changed the rules. They did recently change the form and – surprise, surprise – made it much worse. Maybe they also changed the photo requirement; I have not looked at the instructions lately, but those should tell you. 2 – At the time USCIS makes a decision in Green Card case (form I-485), you have to have a full year physically present in the US. So if you leave for 2 weeks, you have to wait an extra 2 weeks to complete the full year. in other words, time outside the US does not count. 3 – The RTD is sufficient. I do not think AP is appropriate for someone who has asylee status, even if the I-485 is pending. Take care, Jason
Hi Jason,
I’ve submitted I-485 along with my sibling and mother together in July. my moms case was approved last week but me and my siblings case still showing last status as fingerprints were taken. Is this normal? i though I-485 filed together gets adjudicated together. We files for I-485 based on approved I-730.
Also when I talked to Emma from USCIS, they told me my case is in NBC and my siblings case is in Florida Field office so probably all three cases was sent to different locations.
It is completely normal for applications filed together by he same family to get processed separately, especially in the case of adult children or siblings (they do a better job keeping together cases of parents and minor children, and sometimes of spouses). Also, cases get processed at different speeds all the time, so that seems normal to me. We see most I-485 cases for asylees taking 1 or 2 years, and you can check the processing time at http://www.uscis.gov, but based on what you wrote, this all seems normal. Take care, Jason
Hi , just wanted to update that I filed online work authorization I-765 (C8) on December 4th . And got approved today with in 10 working days.
Hi Jason, first I would like to say thank you for all you do! my question is, it has been 3 1/2 months since I did my Asylum interview at Arlington office but so far my decision is still pending, but the same day on my interview date I mate a fellow country man and he got a decision which was referred to court within a month time, does this mean is it a good sign for my case decision delay Maybe due to working on my background check or is it common even after delay referred to court? How long to wait to contact the Uscis about my decision?
I do not think the delay has any meaning – different officers do the interviews, and some are faster than others. Also, there could be delays in the background check or with a supervisor. You can inquire about the status of the case now if you want – I wrote about that on March 30, 2022. Take care, Jason
Hi Jason
Do you have knowledge of success rate (approved asylum) based on mandamus ?
I understand approval is never a guarantee if you file mandamus, specially if your case is weak, but how many cases have been approved after filing mandamus?
I do not know, but for my clients, the large majority who filed a mandamus were granted. Some were not. My sense is that my clients generally tend to have stronger asylum claims that average (just because of my client pool) and among that group, the ones who file mandamuses tend to be the ones with the strongest cases. In general, though, I do not get a sense that people who file mandamuses have any different outcomes than people who do not. Take care, Jason
ij granted me last year December 19th 2023
I applied I-485 in January 19th 2024
How long it will take to get green card
You are not eligible for the GC until you have one full year inside the US, so assuming you never left, you cannot get the GC until at least December 19, 2024 (in two days). In general, we are seeing such cases take 1 or 2 years, but it is not predictable. You can check processing times at http://www.uscis.gov, and that same processing times page can tell you when you can inquire with USCIS about your case, but I think it is too soon for that. Take care, Jason
Jason,
If someone hasn’t filed before one year due to Trauma since an asylee needs to write down all that happened to them which could be triggering, and if that asylee has been seeing a therapist to help them face their fears and write down their statement. Will the asylum officer ask to access that therapy record? Or is it protected under HIPAA?
I do not know about HIPAA, but the officer will only have the info that you submit. They will not and cannot independently obtain mental health records. I wrote more about the one year bar on January 18, 2018, but if you have an option to file before the one year, it is much better to do that. It is possible to overcome the bar based on mental health difficulties, but that is not easy and does not always work, and you will need to provide evidence about the mental health difficulties (but you can decide what evidence to submit). Take care, Jason
Hi Jason I have received below notification after traveling out of the country on advance parole with overstayed visa. What does it mean? Does it mean they will not let me back?
“U.S. Customs and Border Protection records indicate that there is important new information related to your admission into the United States.”
Visit https://I94.cbp.dhs.gov to check the status of your compliance with CBP terms of admission. You will need your name, date of birth and passport number to access the information. You will also have access to frequently asked questions, information about your admission, and next steps.
I do not know why you received that – but I think the website they are referencing is just to show your status in the US. In terms of re-entering the US, as long as AP is valid, you should be able to re-enter. We do expect new travel bans once Trump is in office, and so you should return before then, just to be safe (though I doubt a travel ban will affect someone with AP, but we just don’t know). Take care, Jason
Hi Jason,
I also encountered a question in I-131 asking for class of admission and most recent I-94 for someone applying for TPS travel document, AP and re-parole but I am applying for RTD so should I still put in my most recent I-94 in there and what about class of admission? Thanks
For the I-94 number, if they ask for the last entry, use that I-94, but if they ask for the most recent I-94 (presumably from when asylum was approved), we use that number. Either way, we include a copy of the asylum granted I-94 and the passport (photo/bio page and US visa pages) and I-94 from your last entry into the US, if we have them. Take care, Jason
Hi Jason,
While applying for RTD renewal, I encountered a question about AP. I have an AP but I had applied for it before my asylum was granted. Should I still mention it and what should I write in the disposition part of it?
I don’t remember such a question on the part of the I-131 related to the RTD, but they recently changed the form, so maybe I am forgetting. Do check that you are only filling the general parts of the form and the parts related to obtaining an RTD. But if they ask for that, you should tell them about it and include a copy of the approval notice. Take care, Jason
Good morning Sir,
I came across the platform while researching and wanted to commend your excellent work on providing free information to help other as i have been on this platform for while and i see all the good work you have done to help people needed help and advice.
I have some questions and would appreciate your swift response. I am a U.S citizen by birth planning to trying to petition for my husband who is currently in removal proceedings based on asylum and waiting for his master hearing in few March 2025. he entered the U.S legally on B1/B2 visa before applying for asylum. We have all the necessary documents to prove our bona fide marriage.
We are thinking of doing it ourselves, Could you please advise on the lists of forms we will need to complete for this process and any additional documents required to file a petition for? Any additional advice or guidance would also be greatly appreciated.
Thank you and look forward to hearing from you soon.
Good morning Sir,
I came across the platform while researching and wanted to commend your excellent work on providing free information to help other as i have been on this platform for while and i see all the good work you have done to help people needed help and advice.
I have some questions and would appreciate your swift response. I am a U.S citizen by birth planning to trying to petition for my husband who is currently in removal proceedings based on asylum and waiting for his master hearing in few March 2025. he entered the U.S legally on B1/B2 visa before applying for asylum. We have all the necessary documents to prove our bona fide marriage.
We are thinking of doing it ourselves unless otherwise, Could you please advise on the lists of forms we will need to complete for this process and any additional documents required to file a petition for? Any additional advice or guidance would also be greatly appreciated.
Thank you and look forward to hearing from you soon.
I did a blog post about this on August 8, 2018 and that may help. Basically, you would file a form I-130 and he would file an I-130A. The purpose of these forms is to prove that the marriage is real (forms are at http://www.uscis.gov). He would inform the court about this, give them a copy of everything you filed with USCIS including the receipts, and ask for more time for USCIS to process the case (also make sure to keep a copy of all documents you send or receive in the case, so you will have those if you need them). For the most part, judges will give more time (it probably takes a year or longer for USCIS to process the forms, so if you can file these forms now, that is a good idea). Once the I-130 is approved, they normally dismiss the case and at that time, your husband would file for the green card with USCIS. You can try this on your own and see what happens at the first hearing in March. If the judge is not willing to extend the time or the DHS attorney (prosecutor) seems like they oppose an extension of time, you would then want to find a lawyer. If there are no issues in the case, and if Trump does not make any changes that affect the case, you should be able to do this on your own. But if there are problems with the case or if the judge or DHS lawyer seem disagreeable, I would definitely talk to a lawyer, as your husband should be able to get a GC based on the marriage, but the judge and DHS need to cooperate in that process, and if not, you will need a lawyer’s assistance. Take care, Jason
Jason,
Can Trump end the birthright citizenship? Can he also deport a citizen if that citizen is a family with an undocumented family member?
Is an no criminal record asylee with a pending asylum case safe from deportation and detention centers?
Most legal scholars do not think he can end birthright citizenship, and even with the ultra conservative Supreme Court, I doubt he will have success in that. It is part of the Fourteenth Amendment to the Constitution and would likely require a new Amendment to change. Also, he cannot deport US citizen family members. What they seem to be saying is that they will deport non-citizens, and if those non-citizens want to avoid family separation, their US citizen family members can leave with them, or maybe the US government will pay for their family members’ travel. But that would be a decision of the family and US citizens would not need to leave. In terms of people with a criminal record, some convictions are deportable offenses and others are not. Although Trump and his allies seem to believe there are many deportable non-citizen criminals running around the country, that is simply not true, and so I am not sure what they will do when they find that there are not millions of criminals to deport. Hopefully, they will just declare victory and ignore the issue, but I would not count on that. Take care, Jason
Jason,
I just want to thank you for what you do here always. Always offering free advice to all of us who come to your blog. Over the years I have religiously followed your blog every Wednesday to see what updates you have for us. I applied 2015, after learning about being placed on the shortlist from here, I got in contact with the office in 2021. A few weeks later I was called in. I had a busy schedule and declined but was called again 2 days later and went in. It took another almost 3 years and help of the Congressman Office to get my decision this year,, September. Praise God it was an Approval. I still check in here regularly, and advise others I know to do so. It kept me going and optimistic knowing I was not alone.
Thank you,
Thank you for the kind words and for letting us know about your good news. I am glad you finally, finally had success. Take care, Jason
Hello Jason
How much usually attorneys charge for filing i485?
It depends on the basis for the I-485 and whether there are complicating factors (such as criminal issues or prior immigration problems). For a “clean” I-485 where the person has asylum or has an approved I-130, we have been charging $2000. I don’t know what other firms charge. Take care, Jason
Ans do you go to Gc interview if needed or that’s just to file?how much more for you to come for an GC interview?
Sorry, I don’t understand the question. If you file for a GC and USCIS asks you to attend an interview, you have to attend; otherwise, the case could be denied. Those days, most asylees do not get GC interviews, but I expect once Trump is in office, they will have interviews (as happened last time he was in office). Take care, Jason
Hi Jason,
Thank you so much for helping the community!
I am filing my I-485 application and need clarification regarding the Criminal Record section: “Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official?”
I was arrested and persecuted multiple times in my home country, but I was never formally charged. These arrests were politically motivated, and I mentioned them in both my asylum application and my declaration.
I assume I need to answer “Yes” in my I-485 application and provide an explanation in the additional information section. Do I need to explain all the arrests and detentions in detail?
Thank you for your guidance.
In this situation, we check yes or no, depending on what we think is more correct, circle the question, and write “see cover letter” next to the question. In the cover letter, we explain that the arrest or arrests were political and that they were discussed in the asylum case (assuming that they were discussed in the asylum case). We do not provide much detail, and this has always been fine. I think the main point is for USCIS not to think you are trying to hide the arrests. Take care, Jason
Hello Jason.
I am the principal applicant who have been granted GC. but my wife as a dependent, whose GC application have been denied for no covid vaccine.
My question is, Can She apply again. And Can I apply for centizenship before she get a GC?
Thank you.
Best regards
Joshua
She can apply again, but unless she gets the required vaccines or demonstrates an exception to the vaccine requirement, she will likely be denied again. You should not file for your citizenship until she gets her GC. Otherwise, if you become a citizen before she gets the GC, she will become ineligible to get her own GC until she files a “nunc pro tunc” asylum application, and that could delay the process by years. I wrote more about that on February 10, 2022, near the bottom of that post. Take care, Jason
Hi Jason,
Thank you for your kind reply. Can I ask another question? My daughter, who is seven years old, is in the same situation. She did not get the COVID-19 vaccine. The first green card application was rejected. I have two years left to apply for naturalization. If I naturalize before they get their green cards, will my daughter suffer the same consequences as my wife? As a minor, would she also have to obtain her own green card and wait five years before naturalizing? Or is it that she can join me to become a citizen when I naturalize, even if she does not have her own green card?
Best regards
Joshua
If she is still an asylee when you get your citizenship, then she will also have to do a nunc pro tunc. Alternatively, for both family members, you – as a US citizen – can petition for them to get their green cards. If they entered the US lawfully, they will probably be eligible for that, but you would have to talk to a lawyer about the specifics to be certain. If your daughter is under 16 (I think it is 16, but you might double check), has a green card, and lives with a US citizen parent, she automatically becomes a US citizen herself and can get proof of that using form N-600. That only works if she has a GC and will not work if she has only asylum status. Take care, Jason
Hi Jason,
I got married to a US citizen few years back and waiting for my green card. Recently we received a letter from USCIS asking us to send them a document that shows that both our names in the mortgage. But although my wife owns a house that was bought before and after our marriage, we didn’t put my name in the mortgage so what answer should I send them back?
Thanks for your help!
I would explain that your name is not on the mortgage, but that you (hopefully) have other evidence of the marriage, and then I would send them that – joint bills, bank statements, insurance, etc. If you are paying money towards the mortgage, you can include evidence for that as well (checks to the bank for example). Take care, Jason
Good evening Jason, thank you for your blog of November 13, 2024 which included a recommendation from ASAP to renew EADs immediately. Although mine expires July 18, 2025, I took that advice to heart. Below is the timeline:
November 15, 2024: Applied online/receipt notice generated
November 22, 2024: Paper receipt notice received in the mail
November 30, 2024: EAD application approved (online)
December 6, 2024: EAD card was produced (online notification)
December 9, 2024: Actual EAD card with 5-year validity received by mail
I am amazed (and grateful!) that it took less than a month.
Thanks again!
That was fast and I think it was a good idea, as you will now have the card and not have to worry about this issue for a while. Take care, Jason
Hi! Jason,
Thank for your unreserved help.
I hold green card by asylum grant the residence date starts from June 1, 2021. When do I applying for citizenship?
Thank you
Assuming you meet all other requirements, the soonest you can file the N-400 naturalization form is early March 2026 – 5 years after the date on the GC, and you can send the form 90 days ahead of that time. Take care, Jason
Hi Jason.
I applied for a renewal of my EAD. I got the notice of action letter. But I didn’t received letter regarding an extension of 564 days. What to do for my renewal of driver’s license? What if I got pulled over by cops? What to say? Or is it okay if I show them my expired DL and the letter for notice of action will that work?
The receipt is the only document they send – you have to read a few paragraphs down on the letter and it references the automatic extension of 540 days. Technically, that only applies if you filed to renew before the old EAD expired, but even if you did not, the letter should contain the language about the automatic extension. Take care, Jason
Got it. But what about other questions regarding DL and pulled over?
The receipt would not help you if you get pulled over, but it should allow you to get the DMV to extend your DL so you can continue driving legally. Take care, Jason
Hi Jason,
My appeal was received on March 10, 2023, and the noncitizen brief was submitted on May 16, 2024. As my appeal is currently pending, I was wondering if you could share your insights on how soon I might expect a final decision to be issued based on your experience.
Thank you for your time and guidance.
It is not predictable, and it depends on the complexity of the case and which BIA Board Member (judge) is assigned to the case. I have seen decisions issued in a few months or a few years. I am not sure there is anything to be done in order to speed it up, but I guess you could file a motion requesting expedited processing, if you have a reason. I would probably talk to a lawyer before doing that, as I would worry that it would not be received well by the BIA. Also, if this is an asylum case and your work permit is set to expire in the next few years, you may want to file to renew now, before Trump comes into office. I wrote about that on November 13, 2024. Take care, Jason
Hi Jason,
Thank you for your insights regarding the unpredictability of the BIA processing timeline. It’s helpful to know that decisions can vary so widely based on complexity and the assigned Board Member.
I’ll consider the suggestion of filing a motion for expedited processing, though I understand the potential implications and agree that consulting with a lawyer would be prudent before moving forward.
Regarding the asylum case and work permit renewal, I appreciate your recommendation. I’ll make it a priority to file for renewal as soon as possible, given the potential policy changes under the new administration.
Thank you again for your advice and for pointing me to your November 13 article—I’ll be sure to give it a read.
Jason,
I have two questions and please clarify for me if possible,
1.am I considered like illegal immigrant if my asylum still pending?
2. Is it easy process to withdraw pending asylum application if I prefer to go back home,(if yes, how do I travel back home with no passport )?
Thanks for your helps!
1 – There is no such term in the immigration law, and so it is not clear who is an “illegal immigrant.” You have an application pending, and that permits you to be in the US until the claim is adjudicated 2 – Either you need a passport or some type of travel document from your embassy to travel. Maybe the embassy can assist with that. After you leave, you can send some proof that you are outside the US to the asylum office and they will close your case – I wrote more about this process on December 7, 2022. Take care, Jason
Jason,
Do you recommend those who plan on applying to an asylum to do it ASAP or wait until Trump becomes a president?
I don’t see any advantage to waiting, though I guess if you wait a while, maybe you will get a sense of how the new Administration is treating asylum cases and then maybe you can decide whether filing for asylum is a good idea. If you do that, keep in mind that you have to file before your one year anniversary in the US or meet an exception to that rule (I wrote about that on January 18, 2018); otherwse asylum can be denied as filed too late. Take care, Jason
Hi Jason,
My question is, if main applicant expired 6 months ago and rest of the sub applicant didn’t let uscis know about it. And they have a five years EAD. What will be the consequences? Is there any problem when they let uscis know later time about the main applicant’s death?
If they are dependents on an I-589 asylum application and the main applicant died, they need to file their own application(s). I wrote about this on January 26, 2022, near the bottom. They should file the new applications as soon as possible, given the one year filing bar, which I think is discussed in the article I mentioned. In terms of using the EAD, as I understand, this is a gray area, but I do not think using the EAD after the principal applicant’s death will have negative consequences on their asylum cases. As I mentioned, they do not need to file their own cases as soon as possible. If they are not sure about this, they should talk to a lawyer to review the specifics of their situation. Take care, Jason
Hi Jason,
My question is, if main applicant expired and rest of sub applicant didn’t let usics
Hi Jason,
My asylum application has been pending since 2015 and I’m considering applying for H1B through my company. If I get approved for H1B visa, would my asylum application be denied or effected in any way? I just want to make sure that by applying for H1B, I’m not risking losing my asylum application.
Thank you.
As long as everything is consistent and as long as you do not go to your home country for part of the process, I do not see why applying for an H1b would have any effect on the asylum case. However, to get the H1b, you would most likely need to leave the US, which may or may not be possible, depending on your case. I wrote something about that in the context of getting a green card, but it should also give you an idea for getting an H1b overseas. That post is on September 6, 2018. You would definitely want to talk to a lawyer about this to see whether you are eligible and exactly how you would get from where you are now to having the H1b, what are the risks, and what is your back-up plan if you leave the US to consular process and if something goes wrong (you could try to get Advance Parole – I wrote about that on September 11, 2017). Take care, Jason
Hi Jason,
One of my couple friend got their asylum interview scheduled soon. They both have persecution in their case but only husband has his story submitted. Does wife need to submit her story separately? Will there be separate interviews for both or they both will have one interview?
They have one US born kid, should they take kid along? Will taking their kid impact the interview process in any way?
Thank you!
If it is the husband’s case, the officer will generally only interview him. The wife can submit a witness letter about her problems and also in support of her husband’s claim. If she also filed an I-589 of her own and is a principal applicant, she will also be interviewed. All dependents are asked the “bar” questions: Are you a criminal? Are you a terrorist? Etc., but usually there are no other questions. As for the US citizen child, it is better to not bring that person, since you need to be able to focus on the case and a child can be distracting. It is good to give them a copy of the child’s birth certificate with the other evidence, and if the child causes you to fear returning to the country, you can mention that (for example, in countries that do not like the US, maybe having a US citizen child would be dangerous). Take care, Jason
Hello Jason,
I am asking this on behalf of my friend. My friend is a dependent of his wife’s asylum case and holds a green card and refugee travel document. He went to the COP due to an emergency with his green card and refugee travel document. But his home country sent his refugee travel document to their country’s US embassy because they believe it is not a valid document to travel and they haven’t seen a US RTD before, but we know people who traveled to this particular country with the RTD safely and came back to the US safely. Is it safe for him to go to the US embassy and get his refugee travel document back will it cause any issues?
For your information, his wife, the principal applicant, did not travel to the COP. Please advise them on this critical situation they are facing. In my opinion, I don’t think their COP immigration officers have the right to do this because RTD belongs to the USCIS. Please advise and we would truly appreciate it. That family is going through so much mental stress.
The husband can return to the US with only his passport and his Green Card. That is one option. If he does not have a passport, he could apply for one and use that and the GC to return to the US. In terms of going to the embassy, I think he needs to contact the embassy to see if they even have the RTD. Alternatively, he could try to talk to the immigration authorities in his country and show them some info about the RTD (on the internet). Maybe they can assist, or maybe they still have the document. If he does go to the US embassy, I do not see why they would take away his GC. He can explain that he is a dependent on the case and does not have a fear of visiting the country. He might also get some evidence about this, such as the approval notice, which presumably lists him as a dependent. One issue may be if the wife stated that her husband was also in danger, and if so, he should be prepared to explain why he returned and how he stayed safe. Take care, Jason
For your information they never took his green card. Only his RTD was taken and sent to the US embassy. Is it safe for him to contact the US embassy and get the RTD back?
I don’t see why he would have a problem. I would not go there; I would try to contact them by phone or email and see what they say, and if they even have the RTD. But he can return to the US with his passport and the GC. Take care, Jason
For your information they never took his green card. Only his RTD was taken and sent to the US embassy. What is the safest way to get his RTD back?
Hi Jason,
Thank you so much for all the work you do.
I would like to know do we need travel documents while on green card through Asylum?
Thanks again
It is better to use the Refugee Travel Document if you can. That document takes a long time to obtain and is only valid for a year, so it is not very convenient. I wrote about using your passport while you have asylum on May 25, 2022. Take care, Jason
Hi Jason,
I am the main applicant in our asylum case and now have a green card, while my husband is a dependent. He recently traveled to Sri Lanka (our home country) using his Refugee Travel Document (RTD) and green card. At the airport, immigration took his RTD and sent it to the U.S. Embassy in Sri Lanka. They said he couldn’t use the U.S. RTD to travel but later allowed him to enter the country. They also told him to pick up the RTD from the U.S. Embassy.
Since my husband is a dependent on my asylum case, could this cause any issues? If he goes to the U.S. Embassy to collect his RTD, is there a chance his green card could be taken away?
Thank you for your help.
I do not see why there should be any issues, as a dependent can return to the home country, since it is not the dependent’s case. I suppose if your case indicated that he is also in danger, his return trip could raise questions. I have never heard about an embassy taking a GC under these (or any) circumstances. I suppose if he is very worried about this, he could just return to the US using his GC. However, he might try contacting the embassy first by phone or email. Who knows if Sri Lankan immigration even sent the RTD to the embassy? It is probably worth checking before he attempts to go there. Take care, Jason
Hi Jason,
Happy thanks giving,
I recently had an offer from an employer willing to sponsor me h1b.Previously, i applied for affirmative asylum,while still in status,and then returned to home country and immediately withdrew the case and receive acknowledgement of receipt of withdrawal from asylum office.After that i have tried a couple of times to apply for b2 visa but unsuccesful.The consulate in all those instances asked what i did for sustainance before applying for asylum.I told them i understood my visa conditions did not permit working under the table n never did so.But they still denied me saying those are no sufficient explanatuon.Now that i got chance on h1b,what should i expect,both when the petition is filed and when approved and i go to the consulate.How do i prepare?
Kindly,
Chichi jojo
One issue with the B visa is their concern that you will overstay the visa and seek asylum again or just stay here beyond your time. This is because a B visa requires you to leave at the end of your stay. An H1b visa does not have this requirement, so it should be easier to get. If they think you worked unlawfully, however, that could be a reason to deny (though it may depend on how long ago they think this unlawful employment occurred). I think you need to get as much evidence as possible to show that you did not work unlawfully: bank statements from the time to show you had money, letters from people who know you who helped support you, and any other evidence you can think of. I suspect you will have an easier time getting the H1b visa, but it would be a good idea to prepare for the unlawful employment issue, since that is already on the radar of the US consulate. It would also be best to share this issue with your lawyer, so they can assist, though I know that can be tricky since you are probably using a lawyer from the employer. Take care, Jason
Hi Jason,
Happy Thanksgiving, I hope you doing well. I have a concern and would appreciate your clarification.
I’m a dependent on my ex-husband asylum case, which is currently in removal proceedings. The master hearing is scheduled for March 2025. I received my EAD as a dependant before our divorce was finalized, but I’m now in process of marrying a US Citizen.
My questions are:
Is it okay for using the EAD to work?
Do I need to attend the master hearing with my ex-husband?
Are there anything I need to do or documents I need to file in connection with the removal proceeding?
Can I still proceed with my marriage base application after marrying a US Citizen? (Any negative effects)?
What are the forms I need to file when ready to file application base on marriage?
I would be grateful for any guidance or insights on how to move forward. Thanks and God bless.
You need to speak with a lawyer to work with this, as it is not that easy. I wrote about this issue on August 8, 2018 and that may provide you some ideas, but you should get a lawyer to help you. To answer your questions: 1 – I think this is a grey area of the law and I am not sure. The EAD is tied to the underlying case and once the divorce is final, there is no more underlying case, so potentially, you could be accused of fraud by using the EAD. I think this would not have happened previously, but the new Trump Administration promises to be very tough on non-citizens, and so I am not sure whether it will be an issue. You can apply for a new EAD once you file the marriage case. 2 – If you are scheduled for a court hearing, you must attend, or you will be ordered deported. You would want to tell the judge that you are no longer married so you can separate your case from your ex’s case and tell the judge your plan in terms of marriage. I highly recommend you have a lawyer help you. 3 – You may want to give the judge proof of divorce and if you have filed the marriage case, proof about that too. 4 – I do not know what negative effects you are concerned about, but this is something you would want to talk to a lawyer about, as I do not know the specifics of your case. 5 – The basic forms are the I-130, I-130A, I-485, I-864, I-765, and I-131, but there may be others and you may not want to file all the forms immediately. It depends on many factors and it would be worth discussing the specifics with a lawyer so you can decide how best to proceed. Take care, Jason