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
Jason, a friend of mine was selected for further processing of diversity visa. He is expected to go for an interview in June of 2025. He is concerned that trump administration might cancel those interviews. What are your thoughts, can those winner interviews be cancelled?
I have a green card through asylum. One of my sisters in the U.S. became a citizen through the Diversity Visa, and my niece and her husband are also green card holders. My parents and other family members still live in my home country.
Recently, my other sister and her husband applied for U.S. tourist visas and attended interviews in a neighboring country. My niece, their daughter, sent an invitation letter and provided her address in the DS-160 form.
During the interviews, the officer disclosed details of my asylum case, stating they would not issue the visas because I am an asylee. I am concerned about the legality of sharing my confidential information, as it could endanger my family in the country where I faced persecution.
It is illegal and I think you or your family members should write to the embassy to complain (maybe do that after they get a decision on the visa and come to the US). The consular officer who did that needs re-training at best, or to be fired. This is not the first time I have heard about the problem – I wrote about it on September 4, 2013. If you need an email address for the embassy, you can Google the country + US embassy and you should be able to find it on the US Embassy web page. You can also Google the US State Department, call the main number and ask for the country desk for the country in question. Take care, Jason
Hello Jason, asking on a friend’s behalf.
If father is on pending asylum in USA, can children back home get student visa to USA?parents were divorced so children were back there with mother, now they are 19 and 20.
They can try, but it will be more difficult because they could probably join the father’s case once they are here. For a student visa, you need to show that you will return to your country at the end of the studies, and that will be more difficult with the father seeking asylum. Maybe they want to talk to the school or a lawyer who does non-immigrant visas to see how they can strengthen their application, but the normal way is to show attachments to the home country – job, property, other family member, etc. This can be tough for a young person, but they can try. Take care, Jason
Jason,
Do all evidence have to be submitted with the asylum application from the start? Or I can submit/add more evidence later on after I submit my application?
Will I be given time to submit an evidence if I was asked for some? Does that happen?
The other thing, what are the reasons for overcoming the one year requirement before applying on asylum? How do I waive the one year obstacle?
You probably wrote about all that. Thank you!
We only submit the form and a copy of the passport when we file. Once the interview is scheduled, we submit the remaining documents by email and bring a hard copy to the interview. If you have filed online, you can upload documents at any time, but if you filed by paper, it is better to save all the new evidence and submit that once the interview is scheduled; otherwise, there is a very good chance they will lose what you send them. In terms of the one year bar, I wrote about that on January 18, 2018 and June 19, 2024. Maybe those articles will give you some ideas. Take care, Jason
Jason, are people who legally entered the US with a visa and currently have a pending asylum in danger of being deported?
We do not know what the Trump Administration will do, but I think people like that should be relatively safe. Asylum is part of the law and only Congress can change that. Also, from their statements, it seems they are focused on the border and people who are here with no status. As far as I know, they have not made any statements about affirmative asylum seekers or asylum seekers in court. We will have to wait and see, but I think asylum seekers are less vulnerable than people with no pending applications. Take care, Jason
Hi Jason, I have a question on TPS. Currently i have a pending asylum case with 5 years work permit and i was planning to apply for TPS for a backup, Is that a good idea and second on file I821 there is a question that says What is your current immigration status or lack of status? what will be the answer if i have a pending asylum case. Thank you
It is up to you, but if TPS for your country will end relatively soon, it may not be worth the trouble. Probably, Trump will try to end TPS, but if you don’t mind paying the fee and potentially not getting much benefit, there is no other downside to applying for TPS. In terms of your status, you can put asylum pending, but you should also include info about how you entered the US, including a copy of your passport, US Visa, and I-94. Take care, Jason
Hi Jason,
I have a quick question about the decision process.
One of my friends had her interview after a Mandamus was filed. It’s been more than 3.5 months, but she still hasn’t received a decision. Her attorney mentioned that the Mandamus is paused for 120 days to allow for a decision, and that she should receive her decision within 120 days of the interview. The 120-day window is almost up now. She has also emailed the AO but hasn’t received a response.
What happens if they don’t make a decision within the 120 days? I understand that the Mandamus will be activated, but what steps can be taken next?
Maybe the mandamus lawyer can send a reminder email to the asylum office. Hopefully, that will be enough. If not, the lawyer would probably need to go to the judge to ask the judge to intervene. If this happens, the lawyer can ask the judge to award attorneys fees since the asylum office violated the terms of the agreement. Take care, Jason
I have a green card from asylum, and my company is sending me to Japan for 6-8 months of training. Japan is not my country of persecution . What travel documents will I need to go there (like a Refugee Travel Document, re-entry permit, or passport)? How can I make sure I can return to the U.S. safely?
I plan to leave in April, but my travel document expires in July. Can I travel using my passport and apply for a new Refugee Travel Document, having it sent to a friend’s address in the U.S.? Please advise.
Hello Jason,
Here’s a simplified version:
I have a green card from asylum, and my company is sending me to Japan for 6-8 months of training. Japan is not My country of persecution . What travel documents will I need to go there (like a Refugee Travel Document, re-entry permit, or passport)? How can I make sure I can return to the U.S. safely?
I plan to leave in April, but my travel document expires in July. Can I travel using my passport and apply for a new Refugee Travel Document, having it sent to a friend’s address in the U.S.? Please advise.
You can re-enter with your GC and your passport. However, it would be better to have a valid RTD. You can apply for a new RTD, but you are supposed to send in the original travel document if it is still valid when you apply for a replacement. Maybe your better bet is to apply for a re-entry permit, which is also done using form I-131, and will give you a document that looks like a passport and will be valid for 1 or 2 years (the validity period depends on how long you’ve had a GC and how much time you have spent outside the US). You can have that document delivered to the US embassy in Japan. I guess if it is delivered to the US, you will have to somehow get it, and I am not sure whether doing so violates any rules. If you travel to Japan on the RTD and return with the re-entry permit, that should work (and if something goes wrong with the re-entry permit, you should still be able to re-enter with your green card). Take care, Jason
Hi Jason,
My name is Liam and I applied for asylum in 2016 and is still pending. I have not had my interview yet and every time I ask my attorney about support to expedite case, the response I get is that it’s not working and you just have to wait. I live in NYC and was even thinking to move to California which can possibly help me get an interview sooner. Can you give me an advise what to do in this case? Is this normal to wait for this long or is this just an attorney who doesn’t care? I have been going to therapy for months because of the stress that it’s causing me.
Thank you in advance.
Certainly, you can try to expedite – I wrote about that on March 23, 2022. It is very difficult to expedite a case, but sometimes, it is possible. If that fails, you can file a mandamus lawsuit to force the asylum office to give you an interview. The NYC office has a very low approval rate, and so if you plan to move, it may be better to move first and then try to expedite or file a mandamus at the new office. I last wrote about the grant rates at different asylum offices on July 13 2022 (they rarely release data and this is still the most up-to-date info I have seen). Take care, Jason
Hi Jason, we have done our Medicle for green card. civil surgeon gave us a copy of our i693. Civil surgeon didn’t write the middle name on the forms. And also the immunisation record has middle name “J” instead of “S”We have not yet post the packets to USCIS that doctor gave us for USCIS. What do you suggest us to do?
Shall we do our medical again from a different civil surgeon?
I would just go back to the same doctor and ask their office to correct the errors and reseal the envelope. Then you can send the corrected medical exam to USCIS. Take care, Jason
Thank you so much Jason. God bless you abundantly amen
Hello Jason,
Is there any way to request a FOIA for my DS-160 (visa application information)? It’s been 10 years since the interview, and I don’t remember some of the information I filled out. My affirmative interview is coming up with USCIS, and I just want to make sure I answer everything correctly.
Thank you so much for your help!
I have never done that before, but here is the website: https://foia.state.gov/Request/Visa.aspx. If you do not get the records in time, just be sure to say “I don’t know” if you do not know the answer or do not remember. Don’t guess. Take care, Jason
Hi Jason,
People who entered the US on B1/B2 visa legally, applied for asylum, got approved by an immigration judge in court, and currently hold a 10 year long valid green card, ( two years left to apply for citizenship, i. e 2026 ), do they need to worry about anything now, or even later when time comes to apply for citizenship ? Will this coming administration create/cause any barriers or hurdles for such people or families ?
I do not think there is much to worry about. However, I would make sure you have a copy of all the forms you filed. When you apply for citizenship, you want to be sure that everything is consistent. Last time, the Trump Administration looked closely at applications for inconsistencies, and so it is best to make sure your citizenship forms are consistent with prior applications. If you need copies of the old applications, you can get them by filing a Freedom of Information Act request with the Immigration Court and with USCIS. You can find more info if you follow the links under Resources called FOIA EOIR (for court) and FOIA USCIS. Take care, Jason
Hi Jason,
Can I travel on advance parole document while my employment authorization document (EAD) renewal application is pending?
You can travel and return with AP as long as the AP is valid (you also need a valid passport). The EAD has no effect on that. If you travel after Trump is inaugurated, it is important to pay attention to any travel bans, as that could affect your ability to return to the US. Take care, Jason
Jason.
A question related to my previous question.
My kids were born in the US while I had my asylum pending, now I am a permanent resident. Can this upcoming administration cancel my kids’ citizenship retroactively because I did not have legal status at the time? Do laws work retroactively?
I do not think that is a possibility. They may try to eliminate birthright citizenship for some people. but I highly doubt that will be retroactive and I doubt that it will work at all, though we shall see. Take care, Jason
Jason,
How soon asylum cases have been processed this year? How soon can an asylee get an interview? Is there a way to expedite that?
Cases are moving very slow, and very few new cases are being interviewed. We saw data from the Virginia asylum office, and there, less than 1% of newly filed cases received a fast interview under LIFO, the last-in, first-out policy that is currently in effect. You can try to expedite, though that is difficult. I wrote about expediting on March 23, 2022. Take care, Jason
Hi Jason, I have a question. If I have a affirmative asylum pending with EAD (not interviewed). I want to file H1B. If I go for stamping in my home country, and they refuse my H1B. Does my asylum case still on?
If you leave the US and you cannot get the H1b, you may not be able to return here unless you have Advance Parole. I wrote about AP on September 11, 2017. If you leave and cannot return, the asylum case will continue. It will eventually be referred to immigration court and when you do not attend the hearing, you will be ordered deported. You could avoid that by withdrawing the asylum case. I wrote about withdrawing on December 7, 2022 Take care, Jason
Hi Jason,
Thank you very much for this blog. Question, my sister has a pending asylum case since 2022. She has been dating someone for over a year and they are planing to get married. Her partner is an American citizen, my question is can she get married and request change of status based on Matt even though her asylum case is still pending?
Thanks!!
Assuming she entered the US legally with a visa and does not have any criminal issues or immigration bars, she should be able to do that. In such a case, I recommend that the person gets the GC, and once she has it, she can withdraw the asylum case. I wrote more about this on August 6, 2018 (though this post might be more about people in court who marry a US citizen, it should still give a basic idea about what happens). Take care, Jason
Jason, I was going thru the to do list of trump and was wondering if these 2 items below that he proposed to are realistic to implement?
13. All migrants, including those with
pending asylum claims, will be taken into
custody and deported immediately by
invoking the Alien Enemies Act of 1798
14. Birthright citizenship will be ended by
executive order. All persons who were born
in the US to migrant parents will have their
citizenship revoked and will be deported
immediately.
I have not seen such a list, and I very much doubt it comes from Trump himself, and so I would not put much credence in that. In terms of the items: 13 – Between the court and the asylum office, there are probably well over 4 million asylum seekers, including many children, and the idea of detaining so many people is completely unrealistic. For comparison, at this moment, in the entire US (federal, state, and local), there are less than 2 million people incarcerated. So detaining twice that number would be next to impossible. 14 – Birth right citizenship is part of the Constitution – the 14th Amendment. I suppose it could be re-interpreted by the Supreme Court, which has become a fairly radical institution, but no president can change the rule by executive order; it would require an amendment to the Constitution, which would not be possible, as it requires more consensus than we have. I do think this item is on the Trump Administration’s agenda, and so I would not be surprised if they make moves in this direction, but it will be quite difficult and the only real path to making this change is through the Supreme Court, which – even if it might work, which again, I think is doubtful – will take some time. Take care, Jason
Jason, thanks for providing your thoughts on this. I know this is not the best source but these folks have compiled all trump’s to do list of items in one place.
https://www.meidasplus.com/p/trumps-93-campaign-promises
I think there is a difference between the promises and what they will actually do, but this is a decent starting point to understand what is to come. Take care, Jason
JASON,
I came in with a B1 visa 2017, filled for asylum 2017( with a lawyer)which is still pending. Got married in 2019 to a us citizen with kids and still married and did adjustment of status in June 2022, did recieved a request for initial evidence, got EAD with the new category and my i -130 is still pending. I did filled my adjustment of status WITHOUT A LAWYER do you think I should be worried about getting deported by Mr Trump’s administration? Or should I get a lawyer follow up with my pending adjustment. THANKS for always listening to our worries.
Assuming you received all the receipts for these applications, you should be ok. I would expect a decision soon for the I-130 and I-485. Maybe you want to check the processing times for those at http://www.uscis.gov. I think you are still within the “normal” (and very long) processing time. If not, you can make an inquiry with USCIS. If you wanted to try to expedite the application, I wrote about expediting with USCIS in general on January 29, 2020. I think it will be difficult to expedite, but once Trump comes in, USCIS will probably slow down even more, and so maybe it is worth a try. Take care, Jason
Jason,
How’s Trump going to deport millions of immigrants? Which immigrants is his policy targeting? And is that even possible to deport millions of immigrants?
I think there will be legal, logistical, and economic hurdles to do that. I also think there will be very strong public push back, much stronger even than when they separated families (some of which were never united again). I do expect they will take harsh actions, but whether it will be anything close to what Trump promised with “mass deportations,” I have my doubts. I suppose we will see, as these people do not care about democratic norms, truth or decency, and so I think they will do their best to deport as many people as possible with as little due process as possible. Take care, Jason
Hi Jason,
Would you advise someone with pending affirmative asylum to travel on advance parole document (AP) for a short trip and return before January 20th or before Trump takes over?
If you have valid AP and a passport, and you want to travel, I think it is better to travel and return while Biden is still in charge. There should be no problem with that (though sometimes, AP people are taken to secondary inspection, I have never heard about a person with valid AP having a worse problem than that). Take care, Jason
Hi Jason,
I have curiosity question! After marrying a US citizen, I received my temporary green card of 2 years in 2020 and after 2 years they sent me another green card of 4 years so my question is am I eligible to apply for citizenship at this point? My understanding is I should be able to apply for citizenship 3 years after receiving the first green card in 2020! So am I overdue?
If you got your GC based on marriage to a US citizen, and you are still married, you can apply for citizenship 3 years after the date on the first GC, assuming you meet all other requirements. Take care, Jason
Jason,
Can an asylee with a pending asylum case and clean background check (no crime history) get deported? In other words, if Trump becomes a president, can he deport those with pending asylum cases and cancel these cases? Or stop asylum at all?
In his first term, it didn’t happen
I think that would not be possible under the current law. A non-citizen has a right to apply for asylum (and other humanitarian relief – for example, under the Torture Convention), and so I think that is doubtful. They could try to change the law, but that would be difficult given that they need a super majority in the Senate, which they do not have. And also, there are many Republicans who would oppose eliminating asylum. We don’t know for certain, of course, but it seems unlikely. Also, as Justice said, this is not something they tried during the first term. Take care, Jason
When an affirmative asylum application is denied, the case is typically referred to the Immigration Court. Between the period of denying the asylum and when to get to see an immigration judge, can someone get married to a USC and file I-130 and drop the asylum case?
You can marry a USC during this period and file an I-130, but you would then need to either get the judge to dismiss the case or adjust status (get your green card) in court with the judge. Once the case is referred to court, it cannot be withdrawn without the court’s approval (and usually, DHS’s approval also). I wrote more about marriage-based adjustment on August 6, 2018. Take care, Jason
I filed form 485 after 7 month from my asylum application been approved and i filed also fee waiver with it, today I got approval notce by uscis for fee waiver, my question did that mean my application is accepted or that notced only for the fee waiver.
That sounds like it is only an approval of the fee waiver, and now USCIS will process the I-485. If the I-485 itself is approved, USCIS will specifically say that, and then they will send you a green card. Take care, Jason
October 25, 2024
Hi Jason,
I have an affirmative asylum pending and planing to travel on advance parole. My B2 visa is still valid even though I over stayed for 3 days.
1.Do you think my valid visa is enough for Airlines to let me board instead of the AP on my return trip?
2. Is there any way they can find out my over stay?
Thanks.
Hi Jason,
When I cam to US as asylee depends we had medical exam in my country. X-ray and blood work everything.
I need help in form I- 693. Point 4-A- I am eligible for vacation record portion only because I previously completed the overseas immigration medical examination signed by panel physician.
Please let me know shall I check this box or not.
I don’t really understand your question, but you should not be checking any boxes on the I-693. The doctor does that and you should tell the doctor about the prior exam and see what they advise. Take care, Jason
Thank you so much.
In I-693 there is a requirement of ID. My daughter doesn’t have ID. She does have EAD card latest.
I do have ID and driver’s license but my daughter doesn’t have ID. Her passport is expire too.
Will EAD for my daughter will work as ID for her?
I think the EAD will work. Also, maybe a birth certificate would work or a home country ID, school ID, etc. Take care, Jason
Thank you Jason
Thank you so much.
In I-693 there is a requirement of ID. My daughter doesn’t have ID( driver’s license). She has passport but it’s expired. She does have EAD card latest.
Will EAD for my daughter work as an ID or not?
Hi Jason,
I have an affirmative asylum pending and planing to travel on advance parole. My B2 visa is still valid even though I over stayed for 3 days.
1.Do you think my valid visa is enough for Airlines to let me board instead of the AP on my return trip?
2. Is there any way they can find out my over stay?
Thanks.
1 – I would not rely on the visa, and I would have the AP document available, as that may be needed to board the plane. Also, of course, it will be needed to enter the US. 2 – I am not sure what info the airlines have access to, and so I do not know. I do not think you have to tell them, but I think you should assume they know and not try to cover it up either. Anyway, as long as you have valid AP, you should be able to return to the US. Take care, Jason
Hi Jason,
Can the court backdate an asylee GC by 5 years or more than 1 year at least through a mandamus to compensate for the damage caused by 9 years long delay in decision on asylum application after the interview? Have you ever seen such backdating or do you think it is conceivable? Thanks
I mean can the court make USCIS do that through mandamus?
I have never seen that and I doubt it is possible, as the law indicates that the GC is back-dated one year if it is based on asylum. Otherwise, there is no other benefit in terms of back-dating the GC. I suppose you could have a lawyer research this, but I am very doubtful they will find anything. Take care, Jason
He said it’s not possible for the court but I’m still not convinced. I think we will know only if we ask the court.
I am not even sure what court you can ask. You would need a legal argument to present to the court to get them to accept it (assuming any court even has authority to review the question). Anyway, if you lean something different, let us know, but be careful about spending a lot of money on this issue, as I think it is extremely unlikely to yield any positive results. Take care, Jason
Federal district court at the time of mandamus for delayed GC, you could raise this question. I’m just thinking.
Hi Jason,
I need your help please, due to family emergency situation, I returned to home country nine years ago after proper withdrawal and now returned to US. Now, I filed my I-589 paper new application via lockbox almost 5 months but no receipt of notice until now. There is no response at all and just waiting, and waiting. Would you mind please advise what can I do? I thank you in advance, Mike
In that case, something is probably wrong (though I guess it is not impossible that the receipt is delayed this long, but it is doubtful). If an I-589 is sent to the wrong address (there are different locations where the form should be sent depending on where you live and other factors), sometimes it disappears. You can probably find it by filing a Freedom of Information Act request with USCIS. For info about that, you can follow the link under Resources called FOIA USCIS. However, that will take a few months. In the mean time, you can email your local asylum office to ask if they might have it, or maybe if they can somehow reopen the withdrawn case. You can find their contact info if you follow the link under Resources called Asylum Office Locator. Maybe they can help. Also, check the Special Instructions on the I-589 web page at http://www.uscis.gov. You may need to file elsewhere, and so maybe you sent the form to the wrong location. Finally, if you are eligible, you can try filing the I-589 online and see what happens. You will need to include an explanation about the prior filings and your old Alien number, but maybe that will work. Take care, Jason
Hi Mikealexethio,
Im in the same situation as you.Returned to home country after proper withdrawal of asylum application.However been trying to obtain non immigrant visa but in vain.Did you face similar challenges with Embassy in trying to return to U.S, and even with CBP officers when entering at the airport?
And which way did you finally use to succeed in getting back to u.s.
Please help.
Jojo.
Even if the asylum was properly withdrawn, it can be difficult to get a new B or F visa, as the embassy may think you will overstay your time in the US and seek asylum again. You have to present a strong application by showing attachments to the home country, such as job, family, property, etc. Also, it is probably easier to get an H1b visa or an L visa, as those visas are not affected by the issue of a potential overstay. Finally, there are lawyers who help with non-immigrant visas and maybe you want to look for one of those. A starting point is here: http://www.ailalawyer.com. Take care, Jason
Good evening Jason,
I hope you’re doing well. I am here today to ask for your orientation please, if you don’t mind. My father who is in the USA for long time, applied for my oldest brother with his family for Green card. On 2016 approval letter came but my half sisters stole the letter and hide it. He reapplied a second time for my brother and on 2021 the approval letter came again to his house in New York, my half sisters hide again the letter. Today, somebody in the house gave us a copy of those letters. I check the status online and it says approved. Please, is it too late to present to the Embassy? In Haiti, things are not going well. What is your suggestion please. I am here in the US under Asylum pending because my dad was so bad to me he never wants to help me. If my brother could come I would be very happy and thankful to God. It says in the letter that “If you do not receive your approval notice by February 25, 2021, please go to http://www.uscis.gov/e-request“. Please what do you think we can do in this situation? Thank you so much for your help
I think there probably is a way to move forward with the letters, assuming a visa is currently available (you can check that if Google “DOS visa bulletin” and look under the category for adult children of US citizens). I do think you may need to consult a lawyer who does consular processing cases, as they will know for certain about this. It is not really my area. Take care, Jason
Hi Jason, how early we can submit EAD renewal in c08 category as it’s getting expired in Sept 2025 ?
The soonest you can file is 180 days before the card expires. Some people who posted here stated that they applied earlier than that and that it worked, but I have never tried that and I think there is definitely a risk that applying early will cause the application to be denied. Take care, Jason
Hi Jason,
I received my green card based on asylum based on political fear. My mom was seriously sick back home so I had to go back to tend for her. I travelled back home with laissez passer I got from the embassy here in the US as my original passport has expired and came back to the US with a renewed passport I got from back home while I was there. I returned back to the US with no problem. My home government has changed from when I applied for asylum. My question is, how would this impact my citizenship application as I have to disclose this trip? Have you seen people get rejected because of this?
I have not seen anyone get rejected for this reason, and if you traveled back home after you got the GC and after the home government changed, I think you will be fine. You can explain all that at the naturalization interview if you are asked. I wrote more about the effects of visiting the home country on January 6, 2016 and maybe that would help. Take care, Jason
Hi Jason,
Please advise for someone who returned to home country after applying for asylum while still in status of a b1b2 visa,withdrew the asylum immediately upon arriving home,and before interview was scheduled.Is it possible to request the consular office to recommend for a waiver of addmisibility when i go for a b1b2 visa interview again,for conference attendance,or what is even the likelihood that the consular officer will agree to foward the waiver request and it becomes approved?
Thanks,
Edwin
I am not sure why you need a waiver. If you overstayed your visa before filing for asylum and have 6+ months of unlawful presence in the US, then a waiver is required. Also, if you committed certain crimes. If that is the case, check form I-601 at http://www.uscis.gov, as I believe that is the correct waiver form (I have not done such a case in a long time, and so I am not sure). If you do not have any bars to returning, you would just apply for the visa and try to make as strong a case as possible, to show that you will return to your country after the visit. Evidence of family ties, property, job, etc., will help strengthen your application. Take care, Jason
Hi Jason,
The reason i thought about requesting the consular officer if they can recommend me a waiver of inadmissibility under section 212(d)(2), is because i have been denied the same non immigrant visa 3 times within the last 3 months.
So i thought the denial could be do to my withdrawal of affirmative asylum claim before interview was scheduled by asylum office, and return to home country.Essentially to mean i did not follow through the asylum claim to its logical conclusion.
Also,i applied for the asylum while i was still in status of my last b1b2 visa, and no criminal history record.
Consequently i considered if im denied a 4th time when i go for consular interview next year,then at that interview i can request if possible, to be recommended for the inadmissibility waiver.
Even though they say they have been denying me under section 214(b), irregardless of the fact that i have a job and a family here, which is clearly indicated in my visa application, i suspect its due to asylum claim
Please advise based on this additional information.
Thank you.
Normally the INA 212(d)(3) waiver is for people who have a bar to returning to the US (often due to a drug conviction, but it can be for other reasons), and they want to come here on a temporary visit. I suspect that you are being denied based on discretion, since the consulate probably thinks you will overstay your visa or seek asylum here again. In other words, they think you will not leave the country before your period of stay ends or that if you have an intent to remain permanently (immigration intent). If so, I do not think the waiver will help. You could try applying for other types of visas where an intent to immigrate is not relevant, such as H1b or L. Otherwise, there are lawyers who specialize in consular work and non-immigrant visas, and maybe you want to consult with one of them, so you can make your next application as strong as possible. In terms of my clients, most people who have withdrawn got their GC, but a few left the country. However, I have not dealt with them trying to return on a non-immigrant visa (I do not do such visa cases) and so I do not know whether they tried that or whether had any success. Take care, Jason
Thank you Jason for the clarification.
If you can link me to any if the lawyers specialising in non-immigrant visa it will be great.
Thank you.
Edwin
I can’t make referrals here and don’t really no anyone in particular to recommend. You can look for a lawyer here, and this is a good starting point: http://www.ailalawyer.com. Take care, Jason
Hi Jason,
Also please advise,
Have you ever had to deal with cases of clients who have previously withdrawn affirmative asylum applications abd returned to home country,and were later able to come back to u.s on non- immigrant visas?
Assuming they had no bars to entry,how did they overcome the obstacle of previous asylum claim and obtain visa?
Kindly,
Edwin
Hello Jason,
I recently received an approval for my asylum (a month ago). I know I am eligible to apply for GC after a year. Do I need to send my application for adjustment of status now or shall I wait for a year?
Thank you!
Most lawyers, including me, recommend waiting 6 months, but that is up to you. I explain the reasoning in a post dated February 6, 2023. Take care, Jason
Hi Jason,
I received my green card after asylum approval and would like to travel to Canada with my GC and syrian passport. Would there be any issues with me leaving and re-entering the country with my GC and valid syrian passport?
I do not know if you need a visa to go to Canada, but as long as you have a valid GC, there should be no issue returning to the US. Also, I wrote an article on May 25, 2022 that discusses traveling with your passport after you receive asylum. Take care, Jason
Hey Jason..thank you for all you do.I sent my form 1-485 based on granted asylum last year in February,they sent the receipt of notice that they have received the application.It has been 18 months down the line and they have not updated anything since .So my question is what is the processing time for GC based on Granted asylum and is there a way to use so they can speed up the process?
Thank you.
Wait times are very variable, and I think if you check the processing time now at http://www.uscis.gov, the wait time is very long. However, in my experience, most cases take 1 or 2 years. I think because the case is still within the “normal” processing times, you cannot make a service inquiry, but you can try to expedite – I wrote about that on January 29, 2020. You can also just keep waiting, as you will likely get a decision in the coming months. Take care, Jason
Hello Jason
Thanks for your blog. Since I requested short list for asylum interview till I was granted. Your blog helped me a lot. I still remember in 2015 even though my attorney told me about there is no “short list” can expedite my interview. I didn’t believe him. After I followed your blog I requested short list and fortunately I was scheduled for interview in two weeks and was granted.
I have a question about global entry. I have already received my green card based on asylum. Can I apply for global entry ? If I can should I use refugee travel document to apply for global entry ?
Global entry is available for people with a GC, and I think in general, it is better for asylees to use the Refugee Travel Document if possible, though that document is not great. I did a post about using your passport on May 25, 2022 and maybe that would help a bit, and given the limited validity of the RTD, I have a feeling you will need to use your passport for the global entry program, but I am not sure. Take care, Jason
Hi Jason,
Please I have a question, I turned in the renewal application for my I-765 before my work authorization expired on the 07/08/2024, I did not receive a receipt number, I kept calling USCIS but they said they never received it, I turned in another application I-765 on the 09/14/2024, the tracking shows delivered to Chicago 09/16/2024, but till now I still have not received a receipt number, I called USCIS but the said they can’t see anything on my account, please do you know what exactly is going on with the applications I turned in, do you think I was not supposed to send it to Chicago, my asylum case was transferred to court in Cleveland Ohio, but I am currently married to an American citizen and she filled I-130 & I-485 on my behalf, I am still awaiting the approval of both applications. What do you advise I do please I am confused regarding my I-765. My drivers license is expired and I do not have a means of valid identification. Thank you
I am not sure about the filing address – you have to check the I-765 web page at http://www.uscis.gov. If you are filing a renewal based on asylum pending, the category is c-8. This can be filed online. If you mailed it to the correct address, you should get a receipt soon, as it sometimes takes more than two weeks (what happened to the first application, I do not know – if you paid the fee by check, maybe you can ask your bank if the check was cashed).You can also file for an I-765 under category c-9 based on the I-485 you filed. Unfortunately, I know of no way to get this done quickly in order to satisfy the DMV, though I guess you can ask to expedite the new work permit. I wrote about expediting in general on January 29, 2020. Also, unless you can find the July 2024 application and receipt, you would not qualify for the automatic extension of the current work permit (though the DMV might accept a receipt from the September 2024 filing, and if you get the receipt, it is worth asking them). Take care, Jason
Jason,
After applying for an asylum, how soon the expedited travel document could be issued? Can someone apply for asylum and expedited travel document at the same time? Does the expedited travel document work like a passport?
I think you would need the asylum receipt before applying for Advance Parole, which is the document people can get to re-enter the US while asylum is pending. I wrote about AP on September 11, 2017. You can try to get AP on an expedited basis – I wrote about expediting in general on January 29, 2020. Take care, Jason
Hi Jason, can TPS beneficiaries to have they removal order reopened and dismissed, enabling them to apply for adjustment of status with the USCIS. This program will ends on January 19, 2025
It may be possible to reopen a court case to ask for dismissal without a deport order. The first step is to prepare the motion and contact DHS (the prosecutor) to see if they might agree. You can find contact info for DHS if you follow the link under Resources called DHS Office of the Chief Counsel. If they will agree (and usually, they ignore the request or do not agree), that makes it more likely to work. Once you have an answer from DHS (or once you give up trying to get an answer), you file with the Immigration Court. I do think such requests are unlikely, but they are not impossible. Take care, Jason
Hi Jason,
I Saw a post about J1 and waiver and was wandering about my case. Came under J as well and was granted Asylum after waiting 7+ yrs for interview. Will I need to waive the J status requirement before applying for green card? Thanks for all you have been doing.
If you have asylum, you do not need a J-1 waiver. You can see that here: https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-209/section-209.2. The specific language on that web page is at the end of paragraph (b): “An applicant for adjustment under this part who has had the status of an exchange alien nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject to the foreign resident requirement of section 212(e) of the Act, shall be eligible for adjustment without regard to the foreign residence requirement if otherwise eligible for adjustment.” Take care, Jason
Hi Jason,
I received my first interview after 9 years in Houston Office. My interview went very well although they did not asked me too many questions that I was expecting but they were more like general questions. In the end I had to declare that I was once arrested but that was a wrongful arrest and I had the DA letter attached that the case was bared it was done after reviewing a video proof from cctv footage in was cleared that I was attacked instead they arrested me and gave me Class A.
My status just changed that the decision has been mailed. I still did not receive the mail but I hoping I will get that in the mail in a day or 2. I checked online and it says I have a master Hearing in 2025. Which made me and my wife and 1 kids extremely depressed. Now we have to wait May 2025 for our master hearing. This situation and 9 years wait has put me through alot of stress.
What would you suggest in my situation my passports are expired long time ago I have no connection with my home country since 10 years. I am very depressed and hopless please advise as I am blank
I am sorry to hear that. I did a post about what to expect on March 7, 2018. It is helpful to know why the case was denied as that is relevant to the court case. You can try to expedite your case – I wrote about that on April 20, 2017. Finally, in general, something like 76% of cases referred from the asylum office to the court are granted, and so you should not lose hope. Court cases usually go relatively fast (6 months to 2 years in my location; I am not sure about Texas), and you should have a decent chance to win. You should have a lawyer for court, and if so, you should ask about Cancellation of Removal in addition to asylum, as that may be an option if you were here for 10+ years before the court case started and you have a US citizen or green card parent, child or spouse who will suffer extreme hardship if you are deported (based on your post, this may not apply, but it may be worth checking for at least some people in your family). Take care, Jason
Jason,
Is it possible to apply for an asylum and J1 waiver at the same time? And include the same details in both applications? (Asylum + J1 waiver based on persecution) Is there a chance that I’ll hear back regarding the J1 waiver before the asylum?
You can do both. The requirements for asylum and a J-1 waiver are not exactly the same, but there is a lot of overlap. Probably, the waiver will be faster, but you never know. Take care, Jason
Hello Jason.
I’m a derivative asylee and I just got my green card. The question is what will happen if i get divorce. Will i loose my green card status since it was through her and i will have to file for nunc-pro-tunc? And how long before i lose my status? If i don’t need to do that at all, what will happen when it come time to become a citizen?
Once you have a GC, you are no longer a derivative and there will be no effect on the GC if you get divorced. The nunc pro tunc issue only comes up if you still have asylum and lose derivative status, so if you have the GC, that will not be affected. Take care, Jason
Hi Jason
Thanks for all the help you provide on your platform, I have a question please:
A year ago my brother became a citizen and changed his last name, now he has three kids
Born in the state and under age (6-11-13) with his old last name, is there a way to change it to his new last name so they all match? Thanks a lot…,
I do not know, but I imagine that he would have to go to the state court near him and talk to the clerk. They are the ones who do name changes, and they can usually help with that. Take care, Jason
Hi Jason, my appeal case is still pending in a BIA for Long time now since, 3 to 5 years now without any responsed one of my friend adviced me to look for attorney who can help me to file for” mandamus”.I my qualified for mandamus “he said that, he has done that and his case was call up within 3 months time. Thanks.
I imagine it is possible, though I have not heard about a person doing that at the BIA. I would try to find a lawyer who has filed a mandamus in a BIA case to see what they advise. Take care, Jason
Hi Jason, I wanted to get some advice regarding my situation right now, I am a US citizen by birth, and I recently got married and sponsored my spouse. I filed the case on March 21st, 2024. My husband was on F1 status and working when I filed, his OPT-EAD has expired on July 22nd and there’s been no update on my case after the biometrics appointment that was held on 10th April. Now that he is not working and we are also expecting a baby soon, we are going through some financial hardship. I was wondering if I can go ahead and apply for Medicaid. since we are paying a good amount in monthly premiums and besides that copay for every visit and so on. So, I just wanted to know that if I get Medicaid will that cause any kind of negative affect towards getting the green card for my husband.
I believe it will not have an effect, but I am not certain. You can check the I-485 instructions, which I believe discuss that issue. However, the bigger problem is that when Trump was president, USCIS was more strict about the “public charge” requirement, and so if he returns, it could potentially be an issue. The Biden Administration has not been strict about them. The wait time for a GC based on a spouse is very variable (I think we just had an approval that was filed in January, but we have other cases waiting for 1 or 2 years). Hopefully, your husband also applied for a work permit, so at least he is legally eligible to work; if not, he may want to do that, as the wait time is so unpredictable. Take care, Jason