Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is Senior Counsel and Director of Legal Services for the Torture Abolition and Survivors Support Coalition International (TASSC International). You can learn more about him here.
The views expressed on The Asylumist are Jason Dzubow’s alone. They do not represent the views of TASSC International.
Hello Jason, I hope things are going well with your recent change.
I know you are not my attorney anymore, but I really need some advice; Can you please give an email/phone number, where I can share with you a concern with the representation of my case with Murray Osorio?
I am not going to take much of your time and I’ll really appreciate it.
Juan Jovel
You can email me at Jason@asylumist.com. Take care, Jason
Hi Jason .my individual hearing is cancelled for the fifth time again in 2 years .the judge always when she scheduled after 6 months and two days or one week before she canceled.the fourth time I went to start my hearing and my own attorney ask for push it back for three months.and now the judge cancel it again and never give a reason or new date .this is 6 years now I was referred to court .i had my individual hearing on 2024 February and since that date she always postponed it.what can I do for that ?
This seems to happen to some cases and I am not sure if it is luck, or if it has something to do with the judge. It usually has nothing to do with the specifics of the case. You can ask your lawyer to file a motion to advance the court date. I wrote more about this on April 20, 2017 if you are interested. Take care, Jason
Hi Jason,
I hope you are doing well. I am reaching out to reintroduce myself and provide a brief update on my immigration case.
I previously applied for asylum, and I subsequently submitted my Form I-485 based on my Diversity Visa case. I attended my I-485 interview at the USCIS Queens Field Office on July 7, 2026. Since the interview, I have not received any update regarding the outcome of my case since all the dv 2026 case hard deadlines are sept 30, 2026.
I wanted to ask for your guidance on how I should follow up with USCIS regarding my interview results and whether there are any additional steps I should take at this point. Could you also advise whether the current processing time is normal or if we should consider submitting an inquiry or taking any other action?
Thank u
I do not know how long people wait after an I-485 interview, and it may vary by office. I think there are limited options to follow up – you can try calling USCIS (800-375-5283) or asking your Congress person to reach out to USCIS – you can find their contact info if you follow the link under Resources called House of Representatives or Senate. I suppose you could talk to a lawyer about a mandamus lawsuit, but I do not know whether that is a realistic option in your case or not. If it is an option, that might be a way to get a fast decision. Take care, Jason
Hi Jason,
I just applied for my GC after waiting a year post asylum win. Are there any success stories in 2025, 2026 of people getting asylee status based GCs? I am quite nervous with the current administration.
My asylum case took over a decade to resolve, I don’t want to be stuck in the limbo.
People are still getting approved, but wait times have increased. There is a good chance it will take over 2 years, but maybe things will improve again at some point. Take care, Jason
What about the interviews? Are those as intense as the ones for asylum?
I highly doubt it will be equivalent to an asylum interview, but I would expect more questions than they asked at GC interviews prior to the current Administration. In fact, for many asylees, they did not have a GC interview at all, but these days, you should expect an interview and you need to take that seriously and review your I-485 as well as the old asylum case, and check for any inconsistencies (if there are inconsistent statements, you need to explain those, preferably in writing before the interview and you would want to talk with a lawyer about that). Take care, Jason
Hi Jason, I was admitted to the U.S. in F-1 status in 2019 and received an I-94 showing F-1/D/S. I was later granted asylum in 2025, and USCIS issued me another I-94 with the asylum approval.
I recently filed Form I-485 based on my asylum status. For Part 1, Question 12, which asks for information from the “most recent Form I-94,” I entered the information from my original F-1 I-94 rather than the I-94 that came with my asylum approval.
Was it incorrect to use the F-1 I-94 for that question? If so, is this a serious issue that could affect the I-485, and should I proactively submit a correction or amendment to USCIS while the application is pending?
You may want to make a written correction and bring that to the interview, so you can give it to the officer at the beginning of the interview (along with any other corrections and updates you may have). That said, this does not sound like a problem, since you presumably gave USCIS a copy of the asylum I-94 (as that is the basis for getting the GC). In a case like this, I always try to send both I-94 forms with the I-485 application, so USCIS sees that the person entered lawfully (the first I-94) and has asylum status now (the second I-94). Take care, Jason
Good morning, Jason! Thank you for always being so kind in answering our questions. I have a question: I’m currently waiting for an asylum decision. I entered the country three years ago on a B2 visa, and one month after my status expired, I filed for asylum, and it’s been pending ever since. But I’ve been looking into other options because I’d rather not spend so much time in asylum limbo. I’m starting a creative design and marketing agency. I know how to do branding, graphic design, photography, web design, UI and UX design, and I’m also a filmmaker—I’ve made videos for weddings, businesses, etc. In the long term, I’d like to apply for an O-1 visa or an EB green card, later on when I have a track record and recognition. My question is: what should I focus on? From USCIS’s perspective, which sector would be best for me to focus on? Because I’m just starting the agency. Right now, I’m focused on brand design.
I think the first issue is whether you could get such a visa at all, given your immigration history. The problem is that you are not eligible to get those visas inside the US, since you filed for asylum after your status expired. Even if you had filed while you were still in lawful status, it would be difficult to get such a visa/green card, as the one path to do that (based on IN A 245(k)) seems to have closed (though you would want to talk to a lawyer to be sure). Also, you will likely have a decision in the asylum case before you could get a new status based on your job – hopefully, you will get asylum, and then you do not need the employment-based visa, or you will be sent to court, where you would almost certainly need to leave the US to get the new visa (there are some very rare exceptions and you would want to discuss your options with a lawyer). All that said, you may want to look at the I-140 instructions about EB-1 (available at http://www.uscis.gov), as they list 10 criteria to qualify for an EB-1 green card; you need to satisfy 3 of the 10. I believe these are about the same as the requirements for an O visa, and so maybe reviewing those will give you some guidance. Take care, Jason
Hi Jason,
We received the notice online saying that interview was scheduled for adjustment status for green card on August 27, but we still haven’t received the actual notice by mail. Do you know how long we should wait for it to arrive?
Does USCIS provide any notification or tracking information when the notice is mailed? Also, is there any way we can check the interview date and time online or by phone in case the mail is delayed? We just want to make sure we don’t miss the interview appointment.
Please advise us on what would be the best thing to do. Thank you very much for your help.
I am not exactly sure how long the wait is between the online message and the date you received the interview notice, and that may also vary by office. I would expect that you should receive the notice in the next few days, and I think you are probably within the normal time. However, these days, since everything is such a mess, it is difficult to know what the “normal” time is. Even though it is annoying, it may be worth calling USCIS to say that you did not receive the notice, as they can sometimes assist: 800-375-5283. If you have moved, make sure you updated your address on the USCIS website. You could also contact your Congress person to see if they can assist – you can find their contact info if you follow the link under Resources called House of Representatives or Senate. Take care, Jason
Hi My N-400 application was independently filed and I successfully completed my naturalization interview and tests this week. I was informed that decision can not be made and I will be held pending the adjudication of my husband’s N-400. Our green card was from Asylum and my husband was primary applicant and he has not been scheduled or N400 interview yet. I do not know when he will be seen but I am sure there will be no problem in his application either. But is it normal or legal for them to make e wait for my husbands case? Can I send a request and ask them to complete my application ?
They are doing all sorts of things like this to (supposedly) look for fraud, which is their excuse for most every policy change. I am not sure there is a lot you can do – depending on how long you have waited, you can ask to expedite your case or try a mandamus lawsuit, but it may be better to just wait for your husband’s case to be processed. You can also try to expedite his case – I wrote about expediting in general on January 29, 2020. Or if he has waited long enough, he could try a mandamus lawsuit to move his case along. Everything at USCIS has been slowing down significantly, and realistically, you may not be able to make them go faster, but I do not think there is harm in trying. Take care, Jason
Hi Jason,
There are rumors that the naturalization application fee will be increased significantly, possibly twice. Has the fee already increased, or is the increase still only being proposed?
If I submit my N-400 and pay the current fee before a new fee takes effect, would I be protected from the increase, or could USCIS later require me to pay the difference? In other words, would the new fee apply retroactively to applications that were already filed?
Hi Jason,
There are rumors that the naturalization application fee will be increased significantly, possibly twice. Has the fee already increased, or is the increase still only being proposed?
If I submit my N-400 and pay the current fee before a new fee takes effect, would I be protected from the increase, or could USCIS later require me to pay the difference? In other words, would the new fee apply retroactively to applications that were already filed?
The fee did increase – I believe it is currently $710, and there is a proposed rule that would nearly double the fee. I do not know when the new rule will go into effect, but if you are eligible for citizenship and want to file, it would be good to do that as soon as possible to avoid the higher fee (for all previous fee increases, if you already paid the fee, you do not have to pay the difference later – your case is processed under the old fee). Take care, Jason
Me and my son were granted asylum after my interview in February 2024. In March 2024, I filed Form I-485 to apply for a Green Card.
After 29 months my son scheduled for interview. I’m the principal applicant for asylum and we both filed together for green card after we granted so is it normal calling interview separately?
It is not unusual for a dependent to be called before the principal – I do not see that as a red flag. It would not hurt for your son to be familiar with your case (assuming he is old enough for that), though as a dependent, he would not normally be expected to know much about your case. These days, though, you can never be too careful. Take care, Jason
Even as a minor do they have to attend by themselves or with a parent or a lawyer present? Because my son was 2 years old when I left home and now he is 11 and he doesn’t remember anything when he was 2 years old…thanks!
He is too young to answer most questions, and so a parent would need to attend with him. He can also attend with a lawyer. It seems a little ridiculous to interview him separately, but USCIS is doing a lot of ridiculous things, and so this is not really a surprise. Take care, Jason
Good morning, Jason. How are you! Thanks for your answers. I have a couple of questions about ICE and their recent detentions, since I’m driving to Miami soon and that has me a little worried. Can ICE randomly pull you over on the street while you’re driving? I’ve read that they scan your license plate, but I don’t know how that works. If they stop me, should I remain silent from the start, or should I cooperate by answering their questions and showing my ID? I entered on a B-2 visa and then applied for asylum, so my B-2 status has already expired, and I’ve seen online that others in the same situation as me have been detained. And in all cases where ICE detains someone with pending asylum, do they take them away?
I have not heard about many examples of ICE stopping asylum seekers while driving. I don’t know how they would identify you. However, if you are stopped due to a traffic offense, that could be a potential problem, particularly in Florida where (I believe) the police cooperate with ICE. Unfortunately, there is not a lot you can do – you can show your work permit and asylum receipt, which both indicate that you are allowed to be in the US, but you are correct that some affirmative asylum seekers have been detained even though they have these documents. I do not know what the police policy in Florida is, or whether they report affirmative asylum seekers to ICE if they are pulled over. You may want to look at the ACLU know your rights page, which is helpful: https://www.aclu.org/know-your-rights/immigrants-rights. Also, someone who entered the US lawfully is eligible for release on a bond from an Immigration Judge if you are detained, and so if you have a lawyer, the lawyer should be aware of your travel. You might also want to see whether the lawyer is able to assist with a habeas petition, in case that is needed. In the worst case, if you are detained, you would present your asylum claim to the judge from detention, and so you should be sure you have all your evidence ready in case that becomes necessary. All that said, I think the chances of being detained are pretty low; it is just better to be prepared in the event that happens. Take care, Jason