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
When you apply for EAD renewal, how long does it usually take to receive it from the time you file it?
I filed mine 2 months before its expiration, and then for some reason they have transfered it to another office.
I can’t even track its process now. It just says that the case was transfered.
They commonly transfer EAD applications – it is due to internal workloads, and probably has nothing to do with your case. We see EADs take 3 or 4 months, but sometimes, and in some parts of the country, it is usually less than 2 months. Take care, Jason
Hi Jason
I applied for asylum in 2010 while having my valid B1/B2 status have been interviewed twice and constantly having EAD renewed every year. I’m waiting for my decision and my case has not been referred to the court.However, as per my last inquiry Arlington asylum office ,its in head quarter review since Nov 2015.
Can I file my I-140 since my employer is interested to sponsor?
am I eligible? what could be the consequences and what do u recommend?
Thanks
Alex
Your employer can file an I-140, but you probably need to leave the US and re-inter to get your green card. This may or may not be possible, depending on your case. I recommend you talk to a lawyer and make sure that this process can work, before you start spending money on an I-140. I have seen lawyer start this process knowing that the client cannot complete the process because the lawyer wants to get paid for the I-140, so make sure you find a trustworthy lawyer and make sure you ask whether you are eligible for the green card if the I-140 is approved. Take care, Jason
Dear Jason,
My husband applied for asylum and is waiting for his interview. His sister just got her citizenship. Can my husband’s sister apply for family petition for his brother the same time with asylum?
Yes – But this process takes over 12 years, and would probably require him (and his family members) to leave the US to get their green cards. Anyway, there is no harm in filing for him in this way. Take care, Jason
HI JASON
I FILED MY ASYLUM 4 YEARS BEFORE LAST YEAR I GOT PD NOW I GOT WORK PERMIT MY QUESTION IS THAT CAN ANY ONE SPONSOR ME FOR GREEN CARD MY EMPLOYER IF YES WHAT IS THE PROCEDURE AND HOW LONG ITS TAKE AND WHAT WILL BE HAPPEN WITH MY ASYLUM CASE
THANKS
PLEASE REPLY ME
Potentially, you could be sponsored by an employer, and then re-open your court case, dismiss the case, leave the US, and re-enter with a green card. This is complicated and it may not be possible (depending on the facts of your case), but maybe it is possible. I suggest you have a lawyer research whether you can do this before you begin the process. Take care, Jason
Hi, Jason, I filed I-765 earlier this month, it’s my third year applying for EAD,also 2nd year renewing. I believe my lawyer sent to correct USCIS office, and I received receipt as usual with receipt number LIN**** however, when I check online, it shows in case history, first they received my renewal application,then about 10 days later, they transferred to different office, with update: On December 22, 2016, we transferred your Form I-765, Application for Employment Authorization , Receipt Number LIN***, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. I do not understand what that means since I filed in Seattle, and sent to Lincoln NE office like I did for 3 years in a row. Does that mean any problem of my case??? I am nervous..
I checked on USCIS just updated on Dec 23rd, new fee for filing i-765 has changed to 410, but I filed before 23rd, so I guess shouldn’t be the fee issue, could be that they need me to do another biometrics finger print? The online notice next step says:
We will assign your case to an officer. We will review your case and mail you our decision. If we need more information, we will notify you. I don’t know what more information they need.After checking online, I don’t think this is a new move. Jason, do you know normally why this kind of notice would come up? Would they delay my case filing time? Thank you~
Transferring case is very normal! they always do it one office has too much work load while the other one has less.It doesn’t have anything to do with your case. Just relax and wait for your card.
Really? Wow, that’s a relief! So they say will send me instructions, I wonder what that is? do I need to remail something? But good to know this! Thank you Allen!
No. If they need something from you, they will mall you. But if you have submitted everything at the beginning, you don’t have to worry about any thing. just wait for the card to be produced.
It seems you have some experience with this. I have the same issue. My case was transferred from Illinois to Virginia. So now I am worried that I might not get my card on time since I am working and my employer might fire me because of that.
I cannot even track my EAD status. Do not know when to expect it.
Even if you move, it should not affect eligibility for EAD, so if you do not get it because the Asylum Clock has stopped, but you should contact your local asylum office to ask them to correct that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Often, USCIS moves cases to different offices, depending on their case load, so it could certainly be nothing. Anyway, when you get the notice, you will see what they say. My guess is that it is a routine move based on their own internal work load. Take care, Jason
Thank you Jason, that’s really relieved to know, since this kind of response I never actually received before. Thank you!
Hi Jason, me and my wife applied separately for asylum the same day, my wife has received her notice for finger print biometric since December 10, 2016 which she has done it, but i have not seen mine. It worries me much because two weeks mandate was given to her to perform her biometrics. so i still don’t know my stand, since we applied on November 3, 2016. Please, what can i do now?
Sometimes, different people get the notices in different time periods. Especially during the holidays. I would not worry about it for now. If you do not have it in 2 more weeks, contact the local asylum office to ask them. You can find their contact info if you follow the link at right called Asylum Office Locator. Meanwhile, she should do her appointment. Take care, Jason
I am currently waiting for a family petition (brother is US Citizen and requested me – will take 3-4 years to get approved), can I apply for a Political Asylum without loosing the pending petition? In other words, would I renounce to the family petition if I apply for political asylum? I am being prosecuted in my country and my life would be in danger if I go back (we have plenty of evidence to back this up).
Could I apply for asylum and still maintain my pending family petition (it would likely come before the asylum decision)?
Asylum should have no effect on a family petition, as long as all the info on both applications is consistent. If the family petition becomes current while you are in the US waiting for a decision in your asylum case, you will likely have to leave the US to get a green card, but you can talk to a lawyer about that if it happens. Take care, Jason
Dear Jason,
My husband applied for asylum case already one year ago. And he still didn’t get his first interview scheduled? What year cases is USCIS scheduling now in Chicago?
Thanks in advance.
Dear Karina,
On this page right side there is some links, click on “Asylum office schedule Bulletin” navigate to Chicage,IL there you will see that there are interviewing people who filed in November-December 2013.
My spouse applied since October 2014 no sign of first interview. I just go through my snapshots I took for this site on May 2016, I noticed that they were interviewed people who filed in August-October 2016. Can you imagine! From May to now, almost 7 months to interview people from October to November! Take care!
Dear Karina,
Correction.
On this page right side there is some links, click on “Asylum office schedule Bulletin” navigate to Chicage,IL there you will see that there are interviewing people who filed in November-December 2013.
My spouse applied since October 2014 no sign of first interview. I just go through my snapshots I took from this site on May 2013, I noticed that they were interviewed people who filed in August-October 2013. Can you imagine! From May to now, almost 7 months to interview people from October to November! Take care!
Check the Asylum Office Scheduling Bulletin – a link is at right. He can ask to expedite if there is a health or family separation emergency, but that only sometimes works. Anyway, he can try. Take care, Jason
Dear Jason
Can and should I apply for H1b visa while waiting for asylum pending decision. I was interviewed 2 years back and still no decision on asylum. Now, I got an H1b offer. I have EAD also.
You probably can – This may require you to leave the US to get the H1b visa (depending on your immigration status in the US; if your only status is the pending asylum case, you probably need to leave and re-enter). This may be possible, but you need to talk to a lawyer first about the plan. Good luck, Jason
Thanks Jason for your reply.
Can I apply for h1b without leaving the US as I don’t want to jeopardize my asylum which is pending decision.
You can apply, but unless you have some status other than “asylum pending”, you probably need to leave the US to get your H1b visa. This may or may not be possible. You will have to talk to a lawyer about the specifics of your situation. Take care, Jason
Thanks a lot Jason for your kind reply
Hi Jason
What is the probability of a mandamus resulting in a quick and positive decision on pending asylum? Is the money worth trying it?
I really do not know. A mandamus may not be effective now that there are delays across the board. Also, if the security background check is not complete, USCIS will deny the case (as mandamus does not require them to issue a positive decision; it only requires a decision). You need to find an honest lawyer with experience filing mandamus suits against the asylum office who can advise you before you start on the process, and we have not been doing such cases. Good luck, Jason
Hi Jason ,you reallydoing great job .I still pending asylam case, my questin what is my immigrantiin status I have other than pending Is it lawfully residents or any other description.because I am in arguments with my health medicaid case worker about my health benefits.she saying I am not qualified even though I have EAD ,SSN and driving livense I live in Michigan.thank you for great effort.happy new year
You have no legal status if your only status is asylum pending. But you are obviously allowed to live here, work, have a driver’s license. This all may not be enough for Medicaid. I think your only option is to try to raise the issue to a higher level or maybe find an attorney who helps Medicaid applicants. But the fact is, you may simply not be eligible for that, and I am not sure about those rules. Take care, Jason
I have NYC driving license status valid till march 2017. I have applied for assylum on Oct 25 2016, i did gave my finger prints now waiting for an interview whic i believe it will take a long time. I waiting for EAD which i expect to get on between june 2017. Now shall i be able to update my status of my driving license? As it will be expiring on march 2017 under this basis am I permited to drive till application granted?
Different states have different rules about this. You will need to take your asylum documents and old license to the DMV and ask about the license. Once you have the EAD, it should not be a problem to get the license, but before you have the EAD, you may not be able to get it. Take care, Jason
Hi Jason,
Me and my Wife have sent the EAD together on the same day
right now as i can see on line her application has been approved while mine the status is same “Case Was Received” is this normal ???
really appreciate it man
We see these cases take 3 or 4 months, so if you are in that time frame, I would not worry. It is impossible to know why one case is faster than another, but the situation you describe is pretty common. Hopefully, you will both get your EADs soon. Take care, Jason
Hi Jason, I applied for an EAD to renew my work permit a month ago. Today I checked the status of my case online and found this—
Case Was Transferred And A New Office Has Jurisdiction
On December 15, 2016, we transferred your Form I-765, Application for Employment Authorization , Receipt Number LIN***, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. If you do not receive your notice by January 14, 2017, please go to http://www.uscis.gov/e-request to request a copy of the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
Can you please explain what this means?
Will it take longer than usual to process my EAD now?
Thank you in advance!
I think this is normal – they are moving the case around to process it more efficiently. Maybe the new office is less busy. They do this a lot. Why they feel the need to tell the applicants about their internal processing, I do not know. But I think it is nothing to worry about. Take care, Jason
Hi Jason I was granted withholding of removal , If I marry to my boyfriend who is a us citizen can I obtain my green card through the marriage even if I have conviction in the past for fraud marriage please advise thank you
If USCIS found that your prior marriage was a fraud for the purpose of getting your green card, you probably cannot get your green card now based on a new marriage. I recommend you talk to a lawyer about the specifics of the case, as there is a lot of variability here. We have successfully dealt with fraudulent first marriages in the past, so it can be done, but it is a slow and tricky process. Take care, Jason
Hi Jason,
I have a pending asylum case and I left my home country and while did so, I left a couple of small amount of credit card bills and loans unpaid. I am concerned that these will affect my background check by FBI. How would this affect my case and can I do something to change it?
Thank you.
I do not know whether this will have any effect, but I doubt it. If you are worried about it, I suppose you can find some way to pay them off, maybe through a third party who can take care of it in your country. Take care, Jason
I have a question. My cousin he is in detention center and he passed thr interview for fear and persecution on his country. But when he saw the judge, they refused to give him bailout.
Do u know what kind of proves do we have to give the judge?
Or anything, what we can do?
Please help me, all our families are in anxious.
Under the law, the Judge may not have the authority to grant him a bond (so he can be released). He may have to present his case while detained. If so, you and the family will need to help him gather evidence. It would probably greatly increase his chances for success if you hired a lawyer for him. Also, the lawyer can potentially talk to the government attorney or officer to see about the possibility of having your cousin released. Good luck, Jason
Hi, I have a question about the reentry permit. Asylees who get their green card based on asylum (AS8) are eligible for reentry or not? I intend to apply for reentry permit instead of the refugee travel document because reentry permit is valid for 2 years. Someone mentioned to me that reentry permit is only issued to those LPRs who get their GC based on family sponsorship etc.
My understanding is that anyone with a GC can aptly for a re-entry permit. However, if you originally had asylum and you travel on your home country passport, it can create problems for you, so you might be better off with a RTD. Maybe talk to a lawyer about the pros and cons before you make a decision. Take care, Jason
Thank you for answering. I got my green card based on asylum. I intend to travel in the future and I know that I can’t use my home country passport at all so that’s why I am applying for travel document. According to my understanding both RTD and Reentry permit can be used instead of a passport. My only concern is that I don’t know if I am eligible for the reentry permit which is valid for 2 years. From your answer it seems like I am eligible.
If you have a green card, you should be eligible for both. I do not know what countries accept the Re-entry permit in lieu of a visa, but maybe you want to look into that before you decide which document to get. Of course, all this will be solved once you have the US passport, but until then, it is a pain. Take care, Jason
You relieved my concern. And Yes, I have my aim set on that US passport. Anyway, I have to say that you are doing an extraordinary work through this blog. I have been reading this blog for the past several years now. I am sure that every reader of this platform appreciate your efforts. Thank you.
3.5 y is too long .You can make an inquiry at the asylam office and ask for reason behind it.You have the rights to ask for it if it one year paased without final approval and they must respond within 30 days .that what I have been told by an immigration lawyer.
I applied for asylum in August 2013 (19 years old at the application time), got recommended-for-approval 5 month later. However,I have not received “Grant” afterwards (3.5 years now). Is it too early to consider a Mandamus?
3.5 years waiting for final approval! Gosh! So sorry to hear that. Do you have any idea why it takes such a long time? Which office is that? I hope you will receive final decision soon!
No, it is not too early, but you might try some interim steps: Contact the asylum office and ask about the case status (you can find their contact info if you follow the link at right called Asylum Office Locator). Also, contact the USCIS Ombudsman (a link is also at right) to ask about your case status. Take care, Jason
Hi, I am in Houston. I came to US in December 2013. I applied for E2 and got denied. I overstayed but I didn’t fear returning to my country. Recently, I got to know that my husband who is in my home country (Pakistan) got married to another woman. He wants me to come back to home country with my children. I am receiving regular threats from him. I fear that I could be killed or tortured if return to my country. There are no woman rights in Pakistan.
Can I file for asylum, under changed circumstance?
Plz help me. Thanks
Maybe, but I do recommend you talk to a lawyer, as it depends on more specific issues in the case. You should not wait to do this, as you have to file your case within a “reasonable time” of any changed circumstances. There is no real definition of a “reasonable time,” but more than a month or two could be a problem, so the sooner you file, the better. Take care, Jason
hi Jason,
I had court appearance on December15,2016.I was told that during the court date by the judge that she is busy and i will get a letter about my next court date and the name of the new judge. Why they are doing this ?Is this due to the new government or my attorney is not representing my case properly. Please guide me about the future.
Is that a vaild ead card on the picture?
I do not know what picture you mean…
I would like to join your Blog
Hi Jason,
I am in the process of filing I-485 as an asylee along with my family and kids by the month of January 2017. In the mean time, when I just went to check my TB Skin test, came positive, then went to my regular Doctor for Blood check, again shown positive but there is nothing in the chest. Right now I am taking medicine because it came positive, now my concern is: what will happen if I go for the medical check up? am I still eligible to do the medical while I am having medication for TB +ve?
Secondly:
Since I have moved my house recently, should I send change of address before I submit my I-485 application?
I really do not know whether a positive TB test will block you from eligibility. Maybe look at the instructions for the form I-693 (available at http://www.uscis.gov). This is the medical exam, and maybe it discusses your issue. If you have moved, you need to file a change of address, form AR-11, with USCIS. And of course, use your new address on the forms for the green card. Take care, Jason
Hi Jason,
Thank you for your reply and positive feedback.
I have a question to ask you about the filing fee for the children.
I have 2 children which needs to file for the adjustment of Status (I-485) but the fee is $1140 for each children as well?
I have seen one category as it was written “I-485 Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years) 750 (New fee) 635(Old fee)
Please make me clear on this matter, if it is $1140 for both adult and children then it is gonna be very expensive and hardship to arrange the fund>
Thank you.
Harry
One more question about filing I-130!!
Can I file I-130 form along with I-485?
as it says we can file it with no fee charge, just wanted to make sure that I am in the right track!!!
Cause it is the money matter and hard to manage as this stage.
Thank you Jason once again.
Regards
Harry
If you file the I-485 and pay the fee, you can also file the I-131 and there is no additional cost. Take care, Jason
Sorry corrected to I-131 instead of I-130.
I do think there may be a discount for children, but I do not remember. You will have to check the form I-485 instructions (available at http://www.uscis.gov). Also, if the fee is too much, you can request a fee waiver using form I-912. Take care, Jason
Hi Jason. My sister came to the States in 2006 under an F1 visa. During her stay she got in trouble with the president of our Country, DRC, for writing blogs which criticized him. Going home would have put her in extreme danger so she applied for asylum in 2008 2 years after she had arrived. She had her final hearing in 2015 and was given a withholding status. Now here is the issue. Before she applied for asylum she possessed a restricted social security card that she could only use on campus for limited hours a week. However, because of economic pressures she illegally obtained an unrestricted card which enabled her to work off campus. She used it for a few months until she got her proper card through the asylum process. Fast forward to 12/12/16, she was approached by a policeman because she was parked where it was restricted, and after a check was immediately arrested because of a 2 months old warrant. Apparently a good Samaritan had found the ss card in a vehicle my sister had left at the junk yard and handed it over to the police. She is out on a $6000 bail and has a public defender who wants a $5000 “retainer”. She is due for her hearing on Friday 12/16/16. What are the possible consequences of her situation?
Should we trust the public attorney who does not seem to be familiar with the immigration processes?
Any lawyers you can recommend in the Franklin North Dakota area? Thanks.
I cannot recommend a lawyer there. I also do not know what the criminal charges are, or what a fair price for a lawyer in ND is. I must say though, that the fee seems pretty high (though I could be wrong and it could be perfectly fair). Personally, I think she should do some research to find a lawyer she trusts. If that lawyer knows about immigration law, that would be a bonus. My guess is that any conviction related to this charge will not affect her withholding status, but of course, I do not know for sure, and she should have the case reviewed by an immigration lawyer before she agrees to any plea. Also, by the way, normally a public defender lawyer is free. Paid lawyers charge all different fees, and if that fee is too high, she can look for another lawyer. Take care, Jason
hi Jason,
I applied for asylum 4 years back, got interviewed in December 2015 after that in November 2016 my work permit was denied and the letter said you asylum was approved on 28 July 2016 and eior did not appeal. I never received approval notice. Yesterday I received another interview notice from Miami asylum office. I also inquired from local office they said you will be interviewed by supervisor.
I am so tensed . Please do take time to reply.
I do not understand what as happened – EOIR is the office of Immigration Courts, it is the Department of Justice. If you are having an interview at the asylum office, that is under the Department of Homeland Security. These are two different agencies, and normally only one agency should work on your case at a time. Maybe there was some problem between the two agencies, and they are trying to work it out. Anyway, review your case so you are ready to answer questions. Hopefully, it is a sign that they are going to make a decision soon. Take care, Jason
Could you please advise if I can travel to a third country to see my family, if my case still still in process ( haven’t interviewed yet )
That should not be a problem – you need Advance Parole, which you can get using form I-131, available at http://www.uscis.gov. I do recommend you talk to a lawyer before you travel, just to make sure there are no problems with re-entering. Take care, Jason
hello jason,please i want to file for an asylum in the US on the base of been a gay as it attract a death penalty or 14years imprisonment in my county,please i want to know how long it takes to get a green card and can i still consider getting married to the opposite sex anytime during my adjustment may be 2years time
Being gay is a basis for asylum in the US. How long it takes, I do not know. You can check the Asylum Office Scheduling Bulletin (a link is at right) and you can see that it is slow. Take care, Jason
hello Jazon, thanks for all the time you take in responding to questions.
Please, advice me on this:
I applied for asylum in Minnesota, I am currently in Maryland where I got a job. My question is that can I apply for a drivers licence and an ID here in Maryland although my asylum was forwarded in MN? Will it affect my asylum decision as to the state where I got a job and also applied for a drivers licence?
Thanks
It could be a problem. If the Asylum Office thinks you moved to MD and did not tell them, they might think you are lying about your address. Then, they will wonder if you are lying about your case. If possible, you should get a MN license. If you have permanently moved to MD, you should get a MD license and also change your address with the asylum office. This will cause your case to be transferred, but that should not create much additional delay. And it will be safer in terms of winning your asylum case. Take care, Jason
Thanks Jason for your reply;
Please, how do I transfer my Asylum case from MN to MD?
Will it affect my asylum decision in any way or delay it?
Thanks
Assuming you are talking about an asylum office case, you file the change of address form with your old asylum office (AR-11, available at http://www.uscis.gov), they should then move your case to the new office (in Virginia, not Maryland). If you have a court case, the change of address form is the EOIR-33. Take care, Jason
Hi Jason, thank you for the great job you are doing. Here is my case:
I’m a citizen of a third world country. Since 2010, I went to Europe to persue my study. Now I’m at the end of study and my residence permit will expire there.I want to travel in US and apply for asylum because first, I’ll be subjected to terrible rituals. In my culture, each girl when she turns 21 should that. I left the country when I was 19. The second reason is that I have my boyfriend in US who is a LPR. I want to join him. I went several time in US to see him. We plan to marry next year.
My questions are:
– Will the fact that I come from Europe will affect my asylum application?
– Getting married to a LPR will give me the authorization to stay in US lawfully?
Sincerely
I was saying, I will be subjected to terrible rituals if I go back to my hoome country.
The fact that you lived in Europe and did not seek asylum will need to be explained. That should be do-able, as we have had many clients who were in Europe before they came to the US, and they still got asylum. Also, if you were in Europe but returned to your country, that will need to be explained, and that is probably a bigger issue. Finally, asylum in the US is very slow. By the time your case is resolved, your boyfriend will probably be a US citizen. If so, he can file for you and you can get your green card that way, so I think one way or another, you should be able to stay in the US. Take care, Jason
Thank you for your advise.
Dear Jason
really appreciate what you are doing in this area.am writing to you with the hope you can advise.
me and my wife have applied for asylum in June this year as my wife is having some political and social issues back at our country and am dependent. noting that me as husband all my family are here in the USA and in 2011 my father has applied for me petition I-130 and it got approved in 2014 and has been transferred to the NVC (National visa center).what do you recommend since am in the US and on pending asylum status with my wife and at the same time i have a case approved from the USCIS for I-130.
You should check the “DOS visa bulletin” to see when your I-130 will be current. I think if you filed in 2011, you have some time to go. If it is current, most likely, you will have to leave the US to get the green card. Before you do this, you need to talk to a lawyer to make sure you can do it. You might also want to apply for Advance Parole before you leave (form I-131, available at http://www.uscis.gov). That way, if something goes wrong when you try to collect the green card, you will still be able to return to the US to pursue your asylum case. Take care, Jason
Hi Jason,
Thanks so much for all the info you put up here!
I currently have a case pending based on religion. I’m currently out of status. Is it possible for me to get an AP and travel to some other country (Mexico or Canada) and re-establish my status using H1B via consular processing? Will they look at my file and see I have a case pending and just deny my H1B request out of the blue?
Also, I haven’t had an interview yet. It’s been quite some time and my attorney told me I’ll be waiting for at least another 3 to 5 years. But while my employer is working to get an H1B for me, things back home are showing signs of improvement. IF the situation keeps improving in the next few years to a point where I’m no longer threatened, I should be obligated to withdraw my case, right? Cuz I want to remain truthful.
If I withdraw prior to an interview, should I be able to legally travel back to my home country like I used to? Will the US Customs give me a hard time upon re-entry to US via my H1B? Will they suspect my intent as I don’t follow through with my case and based on that revoke my status? What kind of help should I get if they do, and how?
What kind of negative impacts will it be on my future immigration efforts? Will I get barred? I’m more than grateful this country provided me shelter while I was desperate. If it doesn’t want me, I’m OK with that. It’s just I don’t want to screw up my employer who’s been really helpful and supportive, telling him that he went through all the trouble but I won’t be able to work for him in the end.
Fact-wise, I’ve done nothing wrong or inappropriate. No frivolous warning upon case received. No unlawful presence. No unlawful employment. No crime or law violation of any kind. etc…
I know it’s simple but a bit of a long story and I really appreciate if you can give me some insights on this.
Thanks!
Hi Jason
First of all I would like to appreciate your great offert .I apply for aylam on Oct 2015 I was resident inCalifornia Sacramento And my mailing address was in Michigan.I filed my case based on California address but I received the blue recipient issued from chicago(ZCH) any way later I moved to Michigan I informed the USCIS with my address change .My question is this changing will effect my interview waiting time .tge EAD DRIVIING LICENSE AND SSN referred to the new address.Second Q is ,I am an airline pilot ad applied for a job with domestic airline and I was accepted after job interview with conditional job offer one of the requirements is TSA approval wich I cant get it because my pending asylam case ,so my Q is do you think it is good reason to request for case expediting.thank you
The move should not affect your wait time or EAD. Especially since it sounds like you did not change your case from one asylum office to the other. You can ask to expedite based on the job issue – I do not know whether it will work, but you can ask. You should get some evidence (like a letter from a potential employer explaining the problem or something from the TSA website), as that will make it more likely the case will be expedited. Take care, Jason
Hi Jason,
I am enrolled in school as a graduate student, and that’s my last year and my visa will expire soon. I also have a pending asylum case, can my university deny me enrollment?!
Thanks!
I am not sure why they would. You can simultaneously have an F-1 visa and be a student, and have a pending asylum case. If you are referring to your visa (the paper that is glued into your passport), this document indicates only when you are allowed to enter the US. It generally has nothing to do with how long you can stay here. Once you are here, you can stay as an F-1 as long as you maintain your student status. If you leave school, you can remain here based on the pending asylum case. Take care, Jason
Thanks Jason for your quick reply. I am on a J1 visa sponsored by USAID and my DS-2019 will expire before my program ends and my sponsor is not willing to extend, Is there any grantee or law that allows me to continue my study while having a pending asylum?! I think this is a milestone decision I need your advice on.
I think you cannot continue your studies with only an asylum receipt. Once you have your work permit, you should be able to study here (that takes about 8 or 9 months from the time you file your asylum case). You should ask the school about their policies, as different schools seem to do different things. Take care, Jason
I’m from Russia and as a political activist I have serious reasons not to be back to my homeland. So I’m considering to apply for the asylum in the USA. But I have one concern. My spouse is from Georgia. I’m afraid that my case will be denied because I have legal possibility to move to Georgia which is quite democratic state. Could you please let me know your opinion if that possibility would be enough reason to deny my case?
You will need to address that issue in your asylum application. Just because you can move to Georgia does not mean that you are blocked from asylum (technically, the term is “firm resettlement” – if you are firmly resettled in Georgia, you cannot get asylum unless you also show you face persecution in Georgia). If you do not have an offer from the government of Georgia to live there, you should be alright. But the law related to firm resettlement in complicated, and I recommend you talk to a lawyer about the specifics of your situation before you make a decision about asylum. Take care, Jason
Thank you so much indeed, Jason!
Hi Jason,
Thanks for providing insights on immigration related queries. i had a question, i was told by the USCIS officer that i can apply for work permit after 120 days period while the USCIS website clearly says we have to wait for a period of 150 days. Do you think it is possible to submit the EAD form after 120 days?
many thanks
In our experience, if you submit the application prior to 150 days, USCIS will eject the application, which causes more delay. I recommend you wait until 150 days. Take care, Jason
HI Jason, really appreciate your efforts helping n number of persons .
I’m a Hindu from India , age 40 plus ,single male …never married . My parents and siblings have LPR status since 10 years but somehow they could not file my petition till date . I’m all alone in India and only member left out in India. I have valid US visit visa and travelled and stayed for 5 plus month in USA .
In India previously and still I’m facing life threatening incidents from various elements. If my parents file petition for me it would take long long time for me to join them permanently.
Is there any law for immediate blood relative , for the only left family member in india so I can soon join permanently with my parents in USA.
Can I file for asylum once I go there on my second visit and what basis or ground can I file asylum. Is life threatening incidences on me enough for evidences for asylum . what would be the date to file eg.. January 2017
can I also go for petition for refugee status and on what basis .
pls help me with an advice that would be the best suited for me and my old parents keeping in view about changing various immigration policies from upcoming new government in USA
If you are in the US, you can file for asylum. You need to show that you face persecution in India. I recommend you talk to a lawyer about the specifics of your case, and to explore whether there might be other options for you. I do not know about applying for refugee status overseas. Take care, Jason
Dear Jason , thank you very much , can you please suggest me an attorney or lawyer , who can figure out best possible ways particularly in my case.
thanks again
Dev
I cannot recommend anyone here. I wrote a post about how to find a free immigration lawyer on September 22, 2016. Maybe that will have some links that will help you get started. Take care, Jason
Hi dear Jason,
We feel free when we express our point of view to you, thank again.
Saying that here is my concern:
1) in my country conjoint cannot be outside of his family for more than 6 months, it is considered that family abandon. In USA can you be away from your family for more that 6months without penalty?
If no, why USCIS is pushing family to separate?
Here is my suggestion:
If a family apply as refugee/asylum seekers USCIS could give then priority for initial interview so that the family in US can get a temporary authorisation to go out and return to US without fear to be denied the entry. But when they said that if you leave the USA we cannot garentee you to re-enter the USA. That means a sort of detention! Because the family member who is/are outside USA has/have no chance to apply for USA visa and get it to visit the family with pending asylum case.
2) Do you know when USCIS will “resume” (sorry for the word) the work? This calendar is there for more than two moths, looks like when there is presidential campaign USCIS also stop interviews.
3) We don’t tell USCIS to grant refugee/asylum to all applicants but for family cases, give then fast interview if they win its ok but if not they have at least time to apply to another country which can resolve their case asap not holding the family for more than 1year for different reasons.
Thank again.
1 – I certainly agree that asylum seekers with family outside the US should get priority, but currently, this is not the case (though they can ask to expedite their cases, and sometimes this works). Work is continuing, but most of it focuses on cases at the US/Mexico border, and so it is very slow for “regular” asylum seekers. Once they post the new information, I think we will see some small progress (for example, Virginia is now interviewing people who filed in February 2014). 3 – Again, I agree with this. Take care, Jason
Hi Hi Jason!
I Have B1/B2 Visa and i want to come to US and apply Political Asylum, I have been in US for visiting more than five times. Is it feasible to get asylum during President Trump regime? what do you advise me?
Thanks,
The asylum system still exists, and it will be difficult to change. I imagine you could come here and seek asylum, but you may want to wait a few months (if you can) to see what he plans to do. Take care, Jason
Hi, jason,i have read all the blogs,these are really helpfull and i really appriciate your work, my question is,that iam currently residing in Greece,and holding a Greek passport,iam planinig to move USA and work there,what is the suitable procedure for me and visa for me .
I can only assist with asylum here. I cannot assist people coming to the US in other ways. I recommend you talk to a lawyer who helps people get visas overseas. Take care, Jason
Hey! can you please share how you were able to be interviewed in such a short time? thanks!
Jason ,
Information is vital , because of the info and advices that i got from this blog along with my lawyear .
I finally made it won my asylum case , Finally new journey and path in my life .
Thank you Jason , perciate you man..
#JASON ROCKS..!!!
Congratulations and welcome to the US. Take care, Jason
hi Jason,
my wife and son just arrived in USA at asylumist family petition of YY category visa on Nov 12 2016 at New york immigration office never required their $165 on arrival my question is how long it will take for us to receive their plastic green card and when they can apply their SSN.
Thanks
If they came as asylees, they will not obtain a green card; they will get a work permit. It should not take long to get that, but I am not sure about the time, and you should make sure that a case for them is pending (maybe contact USCIS – you can find the phone number on the website http://www.uscis.gov). They can apply for a green card after one year. Take care, Jason
Hi Jason,
Thanks for the great job you are doing here.
I have pending asylum case and I need to extend my EAD for the second time now.
Is there a fee for those who will be getting the EAD for the second time or no?
Some say there is a fee for the second time and some say no.
Thanks beforehand.
There is a fee for a renewal. The form indicates the amount. You can also apply for a fee waiver, form I-912, available at http://www.uscis.gov. However, that might delay the renewal process a bit. Take care, Jason
Thank you for your valuable response!
Hello Jason,
I am new here and I do not know where to look for information about your rates/service cost for asylum seekers. I would much appreciate if you could send me your rates /fees for consultation (by phone) and preparing/handling the asylum case.
Thanks in advance,
Bill Imus
We usually charge $3000 for the whole case (with a payment plan). If you want to discuss, send me an email and we can arrange a time: Jdzubow@Dzubowlaw.com. Take care, Jason
Thank you for your quick response. Some lawyers give one hour free consultation over a phone, but some of them not. Do you provide free consultation? If not, then how much is it?
Thank you.
I provide a free consult in person for asylum seekers. Phone consults are $150. If you want to have a quick conversation, we can do that at no charge. Take care, Jason
Thanks a lot!
Hi Jason!
I cam in Usa ilegal from Albania/Europe because Communist party and their militants tried to kill me.
When I came heRe I was 20 years old. I passed the interview for fear of prosecution, got bond, and I applied for political asylum.
Now I have work permit
Is any different form or they follow different rules for my case because I came under 21?
Thank You
I expect you will follow the normal system for adults. If your case is in court, it may be possible to return it to the Asylum Office, but I am not sure about that – talk to a lawyer about the specifics of the case. Also, make sure you have filed the form I-589, you need to do that within one year of arrival whether your case is in court or with the asylum office. Take care, Jason
Hi Jason, I’m in the process of applying for political asylum but I’m past the one-year filing deadline; yet I’ve maintained a legal status (F-1) since I arrived in the U.S. almost 2 years ago, moreover, I still have 3 years left on my visa. My question is: is this considered an “extraordinary circumstance” and do I have to clarify on my application why I waited so long before I applied for asylum ??
Thanks in advance
The visa is not relevant, but if you have been lawfully in student status since you got here, that is considered an “exceptional circumstance” and it should excuse the one-year filing deadline (we have done that for many people). I do think it is best to explain the reason for the delay. I also recommend you talk to a lawyer about the specifics of your case, as the delay is relevant to your case, even if you do not have a problem with the one-year bar. Take care, Jason
Hello Mr Jason!
I and my wife are going to file for asylum. I would like to know, my child is an US citizen and 5 years old, does he require filed for asylum? 5 years ago we came and he born here then we leave. But situations are change back home and we fled and decide to file asylum.
Thanks
When you file for asylum, you have to list all your children on the I-589 form. However, that child is not included in the application – he does not need asylum since he is already a US citizen. Take care, Jason
Hi, I have asylum-based permanent residency (retrogressed to 9/2015). Intending to file for marriage-based citizenship after 2.9 years of the green card date above, could a trump administration’s potential ban on immigration from “terror prone regions” (not sure if they will place my country of origin in their intended list though) preclude me from filing for citizenship?
Thanks.
Possibly, but I am not quite sure how, but certainly, he could delay the process with his “extreme vetting”. Also, so you know, if you got the green card based on asylum, you are not eligible to naturalize until 5 years (really 4 years and 9 months) after the date on the GC. You can only naturalize in 3 years if you got the GC based on marriage to a US citizen. Take care, Jason
Hi Jason we applied asylum on October 2014 after that never get desicion, denied work permit due to pending asylum so,i refused to get driving license,i have small baby he got sick and we walk 5-6 miles everyday so,we buy car and drive without license and got accident but not my fault but police said he didn’t see anything so, he can’t give the exact who has fault,, does this affected my asylum pending case.
I am not jason. I think it shouldn’t affect your case but it is likely to affect your naturalization in the future for example green card. You should be able to apply for work permit and driving licence after 150 days of filing asylum. Why you were denied? was you asylum clock stopped? You should have a lawyer.
IF you get convicted of something, it could affect your asylum case. I do not understand why your work permit was denied. You may want to talk to a lawyer about that to see whether you can get a work permit. Take care, Jason
They said policeman didn’t blame anyone so, court ask to guilty for driving without licence only and we paid $500 for driving without licence we lost the car,, only me and God know how we servive without eating walking 5-6 miles,. With small baby and 110% hot weather……. God bless all asylumist .,… We have very painful story which I can’t explain…..
I am very upset these days because of trump wants to deport everyone,, I was walking from Walmart to home it was winter and nighttime one maxican guy almost to rape me..Kick me…., I want but I never tell anyone because I am Ashlee and he was legal so, may be I will depot if I complain against him,so,I force my husband to ask some money for his friend to help and he help to buy a cheap car, But they said we can drive with international licence,I have same problems in the country too…… We always help people but fake God kick us,, God bless asylee
It was Florida, but I think I got lucky somehow. I do not know why. However, I received only recommended approval, which means I still have the same rights and duties as asylum pending.
Thank you bro, courage!
Your rights do not change until you get final approval.
Hi Jason! I applied in November 2014 and got interview with asylum office in October 2016. I receive recommended approval (it says “final approval cannot be given until USCIS receives the results from investigation of your identity background…”. Can you please help to understand following issues:
1. How long it usually takes to receive final approval?
2. What can be done to speed the process?
3. Can FBI or Trump administration change decisions about my case and cancel recommended approval?
4. My EAD is about to expire at February 2017. Do you think I should apply for renewal? It is hard for my budget, honestly…Maybe I can receive my final approval early?
Thank you so much for your help!
1 – I did a post on October 25, 2016 that discusses this point, but basically, we have seen people wait for a long time, just like you. 2 – Contact the Asylum Office. You can find their contact info if you follow the link at right called Asylum Office Locator. Also, contact the USCIS Ombudsman – a link is at right. I suppose you can also file a mandamus lawsuit. But unfortunately, there is not much you can do that is effective to speed up a decision. 3 – I suppose they could, and certainly if the background check reveals a problem, they could. I suspect that this is not very likely, and you do have defenses to deportation should this occur (I did a post about that last week). 4 – I recommend you renew the EAD, since you do not know how long the final approval will take. You might want to file for a fee waiver (form I-912, available at http://www.uscis.gov) in order to avoid paying the fee. Take care, Jason
Dear Il,
Please in which state did you apply for asylum which took only 2 years to get interview ?
I’m asking this question because my spouse case is pending in Chicago since she got fingerprint in November 2013.
Sorry not 2013 but November 2014, on the scheduling bulletin I don’t see any state interviewing case filled in November 2014.
pleas can you tell me when they gave you the recommended approval ?
and which office
and did you make the interview on october 2016??
thanks