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
lawyer opinion on Trumps new immigration directive like this is very troubling and heartbreaking to us:
asylum officers are going to err on the side of caution and refer most cases to a judge.
one of my friend who had a very strong case was referred to immigration judge by a young, inexperienced asylum officer. He provided a very vague explanation for referring his case to judge. I hope this will not be a long trend and we still have some good asylum officer with high morale within this administration.
I think many asylum offices are unhappy with the new Administration, but they will continue to do their jobs. I do expect the asylum system will survive Trump. I do not think he wants to eliminate it, but it does sound like he will try to restrict it. We will have to wait and see what he does (and whether he is blocked by the courts). Take care, Jason
Hey Jason! It seems that Trump started to focus on Asylum applicants, here is the news today: Trump administration drafts plan to raise asylum bar, speed deportations
Hope you can write something about this in your news article.
Dear Allen,
We are waiting Trump to issue an EO to give priority and expedite family asylum/refugees seeker cases. Family are divided for long time because of the way USCIS handling cases, they give priority to people coming from South American, young people and individual but family cases are forgotten. Regardless the number of asylum/refugee seekers, cases are taking more time than normal. Since last year we head that they are giving training to new officers to speed up the process but still nothing happened. Why do thus give priority to South American? Asylum/ refugees from anywhere should have same priority a part family case as they all flee their country for different raisons. Please if somebody can bring our suggestion to the president Trump this will help us to reunite the family not only in American but in maybe another third country.
Cases from South America or Central America do not get priority – but cases where people ask asylum at the border and get detained do get priority because they are detained and because it is expensive to keep people detained. Maybe that is what you are referring to. Take care, Jason
I have seen this, but so far there are no specifics. Once we have the new executive order, I will try to write something about it. Take care, Jason
Hi Jason,
Thanks for your valuable blog services,
I have Q, once I get ead card I can start my life like I able to open bank account , driving license etc,
my Q is that, as Asylum applicant , can I able to send money to my wife and friend (home country) once I open bank account (is there any limit to send money) , is there any negative effect on my case, kindly advise,
Thanks
Warm Regards
Depending on your state, you may be able to get a driver’s license before you have the EAD, using the asylum receipt – ask the state DMV about this or check their website. You may be able to open a bank account as well – you have to ask the bank. I do not think there is any negative affect of sending money to your family back home. There may be restriction on sending money (in terms of the amount and what countries you can send it to), but that bank should know about that. Take care, Jason
Greetings Jason !!
Thank you so much Jason,
appreciate your valuable reply,
My case in SFO California, and I am from Gujarat, India
Do you have any idea about that any Political asylum case granted for Gujarat India ??, please
Thanks
I do not know about cases from Gujarat, sorry, Jason
Hello Jason: I applied and filled my asylum case by june 2014, I got receipt with june/2014 and I did the finger prints by june/14/14, I asked to my asylum office about my case, and they response me that in their records shows that it was filled by september/2014. It means 4 months delayed and is not true, because it was fille by june.
What I should to do? They can fix it?
Thank you in advance
If you have your receipt that shows June 2014, you can give the a copy of the receipt (maybe scan and email it to them) and ask about that. You can find their contact info and email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you very much
Hi sir ! I have pending case on immagration judge and now i am worry about the deportaion of the asylum people i heared the asylumist is under the trump deportation if it is wrong what part of the immigration new policy did wright about it . I need prove to asylumist is safe . If some body asked me i show her or him to prove that i am safe from deportaion. If you can explain it please . I talked to lots of lawyers they said asylumist is safe from deportaion befor the judge hearing but they couldnt to give me a letter of prove. Thanks
If you have your letter from the court with the court date, it means you are in removal proceedings. You are lawfully allowed to remain in the US until the removal proceedings are done, and if you lose the case, you can appeal and stay in the US during the appeal. No one can be deported from the US without gong through this procedure, so you are safe for now from being deported. Of course, if you win your case, you can remain permanently in the US. In court, it is very helpful to have a lawyer assist you with the case, as it often makes a difference whether you win or lose. Take care, Jason
Dear Jason,
Yesterday I read few comments about asylees who said that their asylum case lasted only for 2 years all together. I want to know my husband went to the Chicago office and they told him tat according to the bulletin it will be at the end of 2018. Is it possible we receive an earlier interview or now? And we also want to expedite our case due to family separation. Will you and your office do that work or you only do a full case? I don’t like our lawyer that’s why I want to do this part of our case with your company.
I did a post about the Scheduling Bulletin on June 6, 2017 – maybe that would help. We potentially could do just the expedite part, but honestly, since you are in Chicago, you are better off with a local lawyer. If you do not have a lawyer there, let me know and we can discuss whether we can do it. I do recommend that you change lawyers though, as it is a bad idea to use a lawyer that you do not believe is helping you (and there are many bad lawyers out there, so if you do not feel good about the lawyer, you are probably right to fire him). Take care, Jason
Hi Jason
I have my master immigration court hearing on April ,2017.I am currently a nursing student and I have my daughter born in United States on 2003.my questions is my attorney suggest me that I can close my asylum case wich is removal or witholding preceding in immigration court.I don’t know what is legal term for that,because he told me that there is very few chances IJ will approve my case ,as I have no one to apply for family petition..It will be better option for me and I will receive EAD,but they won’t deport me.and when my daughter will turn 21 she can apply for me for adjustment of status.he further said that I will be able to open my case anytime or government can open deportation case against me anytime.I just want to make sure is this all true,as I want to take second opinion.is this right choice.I have no problem living on EAD .at least I won’t be deported.
I cannot assess the strength of your case and whether this is a good idea, or whether it is better to try to win your case. In the end, though, it is your choice – not your lawyer’s choice – about whether to go forward with the case. It is called prosecutorial discretion or PD, where the government lawyer and judge agree to administratively close your case and set it aside. If you have an EAD, it allows you to keep renewing the EAD for as long as you have PD. However, under new changes from the Trump Administration, it is not clear whether PD is available any more. Maybe your lawyer spoke to the government attorney already to see whether PD is still available. If not, the lawyer would need to do that before your court case. Take care, Jason
HI JASON
I APPLIED ASYLUM IN 2011 AFTER THAT I MISSED MY IMMIGRATION OFFICE INTERVIEW B.C OF MY DAUGHTER SICKNESS THE THEN MY CASE TRANSFER TO IMMIGRATION JUDGE AND I GOT P.D FROM IMM COURT NOW LAST YEAR FIRST TIME I GOT EAD BY THIS YEAR WHEN I APPLIED FOR RENEWAL FOR EAD THEY DENIED AND SEND ME THE LATTER THAT BEACUSE YOU MISSED INTERVIEW YOU CAN NOT TITLE FOR EAD AND WANT TO FILE MOTION WITH FEES
BROTHER PLEASE LET ME KNOW WHAT I HAVE TO DO. I NEED MY EAD TO SUPPORT MY FAMILY.
I do not know why the EAD was denied. I think you need to talk to a lawyer and show the lawyer your case to see how to help you. Take care, Jason
Hello Jazon, please what should I do in this situation where I filed a change of address form to to USCIS from MN to MD, about a month ago yet I have not gotten any reply?
I thought that changing my address from one Dtate to another would automatically transfer me to another asylum office in Virginia since I am now living in Maryland? Please what should I do?
Thanks
They generally do not reply when you send them a change of address. You can follow up with the old and the new office to check whether your case was transferred. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
We as refugees/asylum seekers want Trump to issue an EO to expedite all family cases, we are so tied the way USCIS handle the interview and for how long family should be separated. No country in the wold can hold the refugee/asylum seekers case for 3 yeas and more without hearing. More than eight months passed already since they said that there are giving more training to lawyers so that cases will go faster but there is no result. Look at the way the calendar is moving. In 2015 I remember after using the math rule of three I posted here that my wife case filled in October 2014 looks like she will be called for interview after 4 years. Your response was ” you don’t think that it can take long like that”, but we are running already for 3 years! and up to now no sign from USCIS. Is there anybody who can bring this to the president Trump!
Something tell me Trump will not help with this. You may want to try to expedite the case, if you have a reason based on health or family separation. You can get evidence of the reason and give it to the asylum office. You have to contact the asylum office to ask about the procedure to expedite. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason
Quick question, I have pending asylum case and waiting for my ead card, now here in California the immigration authorities doing raids in store like Walmart / gas stn etc , So my q is that if they come to me , what should I do , they can deport me ?
Kindly advise on to most priority basis ,
Your early reply will be highly appreciated, thx
Dec
You cannot be deported – There is a procedure for that where you can present your asylum case to a judge, and if you lose, you can appeal. I recommend you keep a copy of your asylum receipt with you, and also keep a copy at home (or scan and keep it on the internet). If you are arrested, you can show ICE that you have a pending asylum case. Hopefully, they will not detain you and they will just let you continue your case as normal. Take care, Jason
Hello jason. Thanks for ur help .pls I have been her since 2014 as pending asylum.my wife and kid came in on b2 visa last year so i added them to my case and my wife has gone for biometric.i applied for work authorization for her so she can get a social.my question is how do i get a social security for my son and he is only 2years since i cnt apply a work authorization for him.thanks
You probably could apply for a work permit for him (and maybe he can start earning some money to help support you!). But if you do not have a work permit for him, I think you can get a SSN using his asylum receipt. Contact the local Social Security office to ask about this, as they should be able to help you. Take care, Jason
hi Jason,
this is Sandra i had applied for my asylum last year i am from Pakistan and got my EAD after 150 days so now i am working.
my husband is on my application and is still back home.
he is trying to get a visit visa to come see me.
my question is will he be allowed to stay back if he puts in for asylum as we will tell everything truly once he reaches here.
or will he have to go back after visiting me for a while??
The fact that you are seeking asylum may make it more difficult for him to get certain types of visas (like B or F). If he can get here, he can join your case (and get a work permit), or he can go back – it is up to him and you. Take care, Jason
Hi Jason,
1. What is the criteria that i have to fulfill to get a green card after being granted asylum?
2. Will traveling abroad to a third country with a travel document complicate my application?
Thank you!
Do you actually have to wait 365 days (one full year) to apply for a green card as an asylee? Or you can send it in earlier?
We used to mail it after 11 months, but then one of our cases got rejected for filing too soon. Since then, we have waited the full year. Take care, Jason
You have to wait one year after you got asylum, and then apply for the GC using form I-485, available at http://www.usics.gov. If you travel as you describe, it should not affect your GC application. Though if you go for more than a few months you may want to talk to a lawyer to see whether there is any affect. Take care, Jason
Thank you Jason….
Could you please explain to me
1. why the process of bringing wife and kids to the US is unpredictable and takes long time after being granted asylum?(as you informed me)
2. Is there anything I can do to speed up the process considering that they are in war ravaged South Sudan?
3. What are the government benefits offered to asylees and how do we access them?
Thank u sir…..
I previously replied to this – please see that posting.
Dear Jason,
Can a congressman help in expediting a pending asylum case?
Thanks in advance.
In my experience, unless the Congressman personally intervenes, it is pretty useless. On the other hand, there is no harm in trying, and maybe it could help – you never know. Take care, Jason
Hi Jason
If someone from the 7 countries on pending asylum case waiting for the interview and he tried to expedite based on medical condition but the USCIS has denied the request can he try again to expedite the process and explain more the need for that.
Thank you for your patience and giving from your time to answer all the questions
Yes, you can try again to expedite. The process is not predictable, but if you have more evidence, it may make it more likely that they will agree to expedite. Take care, Jason
Hi Jason,
Thank you for all your help. I have questions about naturalization by birth. If a child is born in the USA is he automatically given citizenship?
What about his parents and his sister?
Thank you Jason.
nothing will happen to parents until the child turn to 21. When he turn to 21, he can sponsor parents for green card?
Sorry, I can only assist with asylum questions here. Take care, Jason
Hello,
My husband was convicted of a felony in 2009 and was sentenced to 18 months. He was not a green card holder at the time so he can never file for permanent residency due to the felony. He was then sent to deportation, but since he does not have a passport and the country he is from will not issue travel document, ICE released him after 3 months of trying to get a travel document in 2011. But even after he was released he was to report to ICE every 3 months for the first 2 years and now he has to report every 6 months, where they ask him if he has been trying to obtain a travel document. My husband does have a Work Authorization card that is issued one year at a time. He is due to report to ICE in MAY of 2017 but we are scared that due to the new Executive Order signed by President Trump on immigration they might detain him again. Which really makes no sense because his country will not give him a travel document. We have 2 children 14 & 10 both are US Citizens. Is there anything we can do to ensure they do not detain him when he goes to report in MAY. Any help is appreciated.
I can only assist with asylum cases here, but I do think your concern is justified, since we have heard about people being detained when they report to ICE. I recommend you talk to a lawyer before he reports to be prepared for anything that happens. Since he cannot be deported, he may be safe, but ICE is not predictable and it would be good for you to talk to a lawyer and be prepared for whatever happens. Take care, Jason
Thank you Jason.
Hey Jason. I just found some important facts about claiming asylum in Canada from USA. The safe third country agreement applies to people who filed asylum in the USA and report to Canada port of entry for asylum. so Asylum seekers in the USA cannot apply for asylum in Canada port of entry while their case is pending but they can apply if their case is denied in the USA . But there is loophole, if anyone (regardless of asylum case in USA) enters Canada illegally (crossing US-Canada border without detection), then third country agreement doesn’t apply to them. That is why, increasing number of people are crossing US-Canada border illegally in this week. here is the link: https://www.nytimes.com/2017/02/11/world/canada/trump-migrants-canada.html
http://www.metronews.ca/news/winnipeg/2017/02/12/explainer-why-asylum-seekers-crossing-manitoba-us-border.html
you may write a topic on this one if you have time.
Thank you – There are several exceptions to the Safe Third Country Agreement, and I recommend that any asylum seeker who plans to leave the US and go to Canada should talk to a lawyer in Canada first, to make sure they meet an exception to the rule. Take care, Jason
Hi Jason,
I applied for asylum and included my spouse who is currently in my home country and holds a US visa.Things back at my home country are not okay and he wants to flee and seek refuge in the US.Since i included him in my asylum application,will he encounter any problem travelling to the US?at the port of entry?is his visa still valid with the asylum application already lodged and a response from Uscis already received.note that i have not been called for the interview yet.What does he require to do to prepare for his travel?
Hopefully, he will not have trouble entering. It is possible that when he gets here, the border agent will know that you have sought asylum, and if they think he also plans to seek asylum, he could be sent back. If they want to send him back, he can ask for asylum at the airport. This would likely result in him being detained, at least for a while, and maybe for his entire case. He would then have to apply for asylum before an immigration judge. The best hope would be that no one asks him about you, but that is difficult to predict – they might ask, and they might not. Take care, Jason
Dear Jason,
Greeting and Once again thank you for usual support.. Please I have one question ; How long it will take to be called for interview from your experience after approval of expedited request by USCIS ?
best regards,
Excuse me on what basis did you expedite your case?
I do not know about other offices, but in Virginia, it takes maybe 2 or 3 months. Take care, Jason
Thank you.
congrats!! can you please share your experience with expedite in few words?
Dear Jason,
Thank you so much for your help. I have a question. My husband has been in the U.S. for already 2 years. He applied for asylum and is still waiting for his interview. He hasn’t seen our daughter for two years. My daughter is very close with his father. Now she is having psychological problems because of his absence. In the evenings she wakes up yelling and doesn’t sleep until talks to her dad. She is only 4 years old. The doctors are saying it’ because she misses her dad. What can we do to expedite our interview? Can my husband himself do it in the USCIS office or we should ask a lawyer? Will the papers from psychologist help us there?
Thanks in advance.
If you can get evidence about her problem (a doctor’s note), your husband can submit that and request that the case be expedited. You do not need a lawyer for that, though a good lawyer can help. He can ask the asylum office about the procedure to expedite. He can find their contact info if he follows the link at right called Asylum Office Locator. Take care, Jason
Hi Jason. My sister came to America on a student visa and she was in status for a year. The following year she lost her status because her father couldn’t afford her tuition because of financial reasons brought about the political situation in Zimbabwe. She fell in love while in status and got married to her college boyfriend. However she didn’t file for green card because they couldn’t afford. Now she’s pregnant and the husband wants a divorce. Can she still quality to seek asylum. Her father was an active opposition party member and all he lost was due to his role in politics in Zimbabwe. Please help she’s in a really bad situation
It sounds like she may have an asylum case, though she may have an issue with the one-year filing deadline. She may also have other relief available based on the marriage (maybe a form I-360 application – see http://www.uscis.gov). I recommend she talk to a lawyer to go over her specific options and about the one-year filing deadline. Take care, Jason
Dear Jason,
My spouse has a pending asylum case since she applied in 2014. Now she is getting much stress since there is no update from USCIS, for her it is mental torturous she is facing since the family is separated for 3 years. Can she request to expedite the case and use it has humanitarian/or emergency reason? All my daughters(11,8,6 and 3 years) start asking me on phone if really I still alive! This is too much for her and me, we cannot believe this happened in a big country with respect to human rights. Please what do you suggest us?
Family separation can be a basis to expedite the case. Get evidence about that and about any other problems you are having as a result of the delay, and give it to the asylum office with a request to expedite. You can contact the asylum office and they should tell you the specific procedure to expedite the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
My question is that i pending case jadge and still i didnt get my interview i was student and after 4 years i put asylum case because of the country situation and i had lawyer i took my case from him because did big mistake on first interview .but i see the mr trump said the student should deport because over stay of them visa but after immigration interview i stop going to school and now my case refered to immigration curt i have work permit social security and now i really dnt know the student asylum will be same pending or they should leave the usa .because i was student and by i20 visa and my pasport visa expierd after 3 months and the school gave me i20 .now i want to know this the same pending case or the student should leave the usa without immigration curt
If you are in the US and have a court case pending, you can present you asylum application to the court. You do not need to leave the US, and you have a right to a hearing before the judge. Court cases are difficult to win without a lawyer, and I recommend you try to find a lawyer. If you cannot afford a lawyer, maybe try this website: http://www.asylumist.com/2016/09/22/how-to-find-a-free-asylum-attorney/. Take care, Jason
Hi Jason,
Thank you for all your help. I just have a couple of questions:
1. After I am granted asylum, how soon can I bring my family to the USA(daughter and wife)?
2. After being granted asylum, how soon can I ask for and receive a travel document?
3. After getting the travel document, how soon can I travel to see my family in a third country?
Thank you very much.
1 – You can file immediately (form I-730, available at http://www.uscis.gov; you file one form I-730 for each relative). It usually takes between 5 and 12 months to get a relative to the US, but it is very unpredictable. 2 – Immediately (form I-131, Refugee Travel Document). 3 – As soon as you have the RTD, you can travel. Potentially, you can leave before you even get the RTD, but this can cause problems and if you want to try that, talk to a lawyer first. Take care, Jason
Thank you Jason….
Could you please explain to me
1. why the process of bringing wife and kids to the US is unpredictable and takes long time after being granted asylum?(as you informed me)
2. Is there anything I can do to speed up the process considering that they are in war ravaged South Sudan?
3. What are the government benefits offered to asylees and how do we access them?
Thank you sir.
1 – Because processing times vary at USCIS depending on the case, and also because different embassies process the cases differently. 2 – You can inform them about the problems for your family members and ask them to expedite. This may work, but not always. 3 – There are very limited benefits. You can contact the local asylum office to ask about this, as I do not have a website listing them. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jaison,
Thanks for your advices it really helps us. As I told you that my ” master hearing” date is after 16 months.
My question is, how long the ” final hearing” will take place after the master hearing? (just an idea).
I already have spent 5 years of my asylum case in AO and don’t know how long it will further take to get the final hearing. Would appreciate your advice.
Thanks.
I have no idea. It depends on your judge. Sometimes, the final hearing comes in a few months; other times, you wait 5 years more. You can ask the judge for a sooner date, and some judges will be able to accommodate this, but not always. Take care, Jason
Hi Jason I applied for asylum from September 2013and I didn’t get any interview notice
You can check the Asylum Office Scheduling Bulletin, a link is at right, to get an idea of the wait time in your local asylum office. Take care, Jason
Hi sir i have a question i came to usa by student visa and i didnt go back to country i extend my i20 everys after 4 years i put asylum case and the officer remove my case to immigration curt and it is like 4 years my case is pendig still i didnt go to curt for interview and now i want to know does the pending case is on the deportaion of 3 millions or the asylum case pendig is deferent ? Because im really worry about the immigration situation .thanks
I am not sure I understand your question. If you have a court case, you should get a lawyer, as that makes a big difference in court. You can present your asylum case to the judge, and then either you will get asylum, some other form of relief, or the judge will order you to leave the US. If you lose, you can appeal the Judge’s decision. Take care, Jason
Hi Jaison,
I received the date of my ” Master Hearing” which is 31st of May 2018, means after 16th months. I had to wait for 5 years to get this message, I’m very very disappointed, is this fair?
I had my second fingerprints and photographs a year back and was thinking that my case is approaching at final decision and will approval soon.
After getting this master hearing notice, I got my EAD renewed for 2 years which is first time.
My question is , what should I do to prepare for the master hearing and will there be further hearing and how long this process will take? as I already spent my 5 years.
Thanks.
You should have a lawyer for the court case, as this makes a big difference in court. You can ask the lawyer to try to get you a sooner court date. This is not always possible, and it depends on the judge, but sometimes, it can be done. Take care, Jason
Hi Jason,
My student visa and status (which was sponsored by USAID) expired, however I have a pending asylum case that they don’t know about yet. The sponsor representative contacted me and spoke to me very seriously that I should leave the country immediately otherwise I’ll face severe consequences.
I was wondering what types of consequences I might face? can they order the police to arrest me for example or anything like that? Does the pending case with USCIS make the situation better?!
Hi Jason, just o add. Before my conversation with them, I already knew I was legally staying based on my pending asylum case, but their phone call to me made me very worried. What type of trouble could they cause me in the future?
If you have a pending asylum case, you are permitted to stay here until the case is finished. I do not know what sort of consequences they have in mind, but I have seen before where US government agencies threaten asylum seekers to return home. Maybe you just want to tell them that you fear return and that you are now seeking asylum. My guess is that they will not be happy about that, but I do not know that there is anything they can do about it, as you are permitted to apply for asylum under the law. Take care, Jason
Thanks Jason for your quick informative response.
I though about telling them about my asylum but I think they may tell my government about it because they work so closely together, which may be a bigger problem since my family is well known for its political activity against the current government.
having said that, which of the following two options do you recommend?!
1. Inform USAID about my asylum case so they know I am legally staying so they don’t report my name to DHS.
2. Not inform them, and wait until someone contacts me from DHS or ICE and then I present my asylum documents to them.
Are there any disadvantages or advantages of either options?!
I appreciate your help.
Thanks!
Also, you said that that some US agencies threaten asylum seekers to return home? is that legal to return them home? and did they already return somebody?!
If an agency has an obligation to report a person to DHS, I think they will do that regardless of whether you have filed for asylum. So I do not think it makes much difference if you inform USAID or not. If you have applied for asylum, you are allowed to remain here until the case is finished. No agency has the power to simply throw you out of the US. You are allowed by law to go through the asylum procedure and you can only be removed if your asylum case (and any other relief you filed) is denied. Take care, Jason
Thank you so much. I was trying not to burn bridges because I’ll be filing for a J1 waiver in the future.
Hi, I just came to Usa with my wife (green card holder) I am in b2 visa. I am from Pakistan and left the country due to political threats and now I don’t understand that what should I file for. Can u please advice that should I file for asylum or is there any way I can apply for green card on my wife behalf. Or both at same time
You can do both, but because your wife only has a green card and is not a US citizen, there is a waiting period to get your green card from her (about 1.5 years) and you probably have to leave the US to get the green card. If she becomes a citizen, you can get your green card from her without leaving the US. I suggest you talk to a lawyer to more specifically go over the options and to be sure you are eligible for the green card based on marriage. Take care, Jason
Hi Jason. My case is pending in sfo since 16 months in sfo office . My question is can I go to court to listen my case , I mean I don’t how much more time do I have to wait , so going to court is advisable or not ?? Pl reply . I shall be grateful..
You do not have a choice about going to court. If your case is at the asylum office, you will have to do the case there. You can get an idea about the wait times if you check the link at right called Asylum Office Scheduling Bulletin. Take care, Jason
Hi Jason,
Can a green card holder parent sponsor his or her unmarried son older than 21 years of age? If yes, how much time it takes?
Thanks.
Sorry, I can only answer questions related to asylum here. Google “DOS visa bulletin” and you will find a website about this from the State Department. Take care, Jason
Hello Jason
I have a question , does the USCIS Ombudsman help with the asylum pending cases ? I have been waiting for an aylum interview for more than 3 years now. I don’t know what isgoing on !
Same here, my case is almost going to be 3 years now, but I don’t think they can do anything..
Check the Asylum Office Scheduling Bulletin – a link is at right. This will give you an idea of where you stand in the queue. Unless you have passed your filing date, the Ombudsman would not be able to help with this. If you wanted to try to expedite your interview (usually based on a health problem or family separation), you could try to do that by contacting your local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello jason, am currently on pending asylum and my wife and kid came on b2 visa so I filed for them to join my case and my wife already done finger print since my son is only 2years old. My question is how soon can she apply for ead or is it the same process like mine waiting for 150days befor applying? Thanks.
Your wife can apply for the EAD at the same time as you; she does not have to wait 150 days after she was added to the case. Take care, Jason
Re: One-year rule exception
Hello Jason,
I am currently in the US with a temporary worker visa valid until August 2018. My employer has also started the green card process and it has already moved to a certain stage with no problem.
I have necessary conditions to apply for asylum. I am considering to apply for asylum as a safety measure to be able to lawfully stay in the US, in the case of a problem in my GC process. My one year from the last entry ends by early March, however, I am wondering about the exception of one-year rule that is about lawfully staying in the US. In short, I would like to spare the option of applying for asylum only if my GC process fails which will be known after that one-year time frame is complete. Do you think that relying on that exception of one-year rule would be a vise decision in my case? Or, can it be a problem if I, anyhow, need to apply for asylum after my one year window is closed. Thanks in advance for your help.
It is always safer to follow the rule (file within a year) than the exception. However, we have many clients who are lawfully present in the US for more than a year (for example on an F-1 visa or an H1b) and they meet an exception to the rule since they are in-status. We have not had a problem with them overcoming the one-year rule. You did not mention your status, so I cannot specifically say, but for our clients who are lawfully present and not in violation of their status, we have not had a problem meeting an exception to the one-year filing deadline. Take care, Jason
Thanks Jason, I am in H1 B as well. So I will wait to see the result of my GC process even if it exceeds the one-year from the last entry.
Hey Jason
It’s very urgent !
Hey Jason it’s very important I just lost the three barcode sheet which came wit EAD card on that sheet it was written that save this notice that will used in renewal of EAD but I lost that I’m totally depressed hear broken plz tell me what I can do now
I previously responded to this question. You do not need the receipts to file to renew the EAD. You can just use a copy (front and back) of the expiring EAD, plus the other required documents. Take care, Jason
Hi Jason, Are character reference letters helpful in Asylum application? some people say they are helpful in court but not for the affirmative asylum application. I can ask my current employer to write a very good letter for my personality, honesty and character.
They don’t hurt and there is no reason not to include them in the case. They also probably do not help much, but if you have one or two, it is nice to include them. Take care, Jason
Do people with pending asylum cases that are from the 7 countries face some consequences such as denying EAD or loosing their legal stay?
On another subject, if you are not from the seven countries and you applied for the EAD for the first time and it gets delayed for 90 days, what can you do then?!
Currently, everyone’s cases are being processed, even if you are from a banned country. If your EAD is delayed, you can contact USCIS to inquire. You can find their phone number on the website http://www.uscis.gov. If that does not help, you can also contact the USCIS Ombudsman (a link is also at right), and they may be able to help with a delayed EAD application. Take care, Jason
Hi sir,
After I read instructions on how to file the I-589, I read that I can submit the form directly to the asylum office instead of mailing it, upon getting consent from the director of the asylum office?
1. Is this correct? If so how do I go about contacting the director? I am going to apply to the San Francisco asylum office.
2. Will filing the form directly at the asylum office help to expedite my wait for an interview?
3. I have health problems and I have left my pregnant wife and daughter in a bad place and so I need to speed up my wait for an interview. So is there anything I can do to expedite my case?
Thank you.
1 – If this is a first time application for asylum, you should submit it to the appropriate service center. I have never heard of an application being submitted directly to the local office (it may be possible, but I have not heard about that, and I do not see how it would benefit you). 2 – I do not think so. 3 – These can form the basis for a request to expedite. Contact your local asylum office to ask how to expedite (and maybe they can answer your other questions too). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you for having this blog that informs without inflicting psychological torture like Univision lol. I am writing because I submitted my asylum case and had my statement translated from Spanish into English. After I mailed my case, I checked my copies and realized the translator had several important errors in the translation. Different names and complete paragraphs that did not belong to my statement. I am really worried, the translator is really sorry and explained she made the error when trying to complete two translations simultaneously. Do you have any advice on what can I do? Should I mail a new corrected translations with an explanation? Or should I just wait for the interview to do so?
Thank you,
I’d appreciate your answer. 🙂
You should probably submit a new translation before the interview. Also, try to get a letter from the translator explaining her error. You need to submit this prior to the interview (the rule in my office is that it must be submitted at least one week before the interview, but different asylum office might have different rules). If you explain the error, hopefully, USCIS will accept that and it will not affect your case. Take care, Jason
hi Jason,
Greetings!!
Very quick question, my parent are here and my us citizen brother apply for their green card, and they have to travel to home country, they got approval for advance parole, but the now situation is that, their advance parole documents return to uscis reason is silly mistake done by post man, who left the cover out side and some one in our apartment return to uscis, and now customer care confirmed that the received back parole documents today, and they will send to us in 30 days time period, now my question is that, we facing critical situation about my sister, she have 10 M visa for usa and Canada also, (she came 3rd time in usa, she 100% mentally disable, cant speak, she have Indian gov civil hospital 100% mentally disable certificate ), and main things her visa expired on 02/18/17, and we don’t have time for extension of her visa, as we have to apply before 45 days of expiration of visa,
So my US Citizen brother and his wife plan to take her to Canada for two days as we have relative in Canada, so she can come back to usa and she have more 6 moths to stay,, mean time hopefully my parent parole documents we will get it, so she can go to India with my parent, as she always stay with my parents, and wherever my parents go they take her with them, do you think while she come back from Canada to USA , she have problem at border, (repeat, she not able to answer anything to border officer, as she mentally disable and cant speak,)
we have changed my parent and sister ticket three times as per USCIS update, now they all have return ticket to India on 02/12/17,
kindly advise on top most priority. please,
Thanks
Dev
I do not understand the questions, and on this website, I can only help with asylum cases. I suggest you talk to a lawyer who can give your family specific advice about their situation. Take care, Jason
Here is one passage from Trump’s executive orders on immigration:
(b) The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations pursuant to applicable regulations
I know that they are already using a lot of resources from affirmative asylum cases to detention centers. If they allocate ALL Legally Available resource, does that mean processing of affirmative asylum cases will be suspended for some time?
I have not heard that, but I think USCIS is still struggling with how to implement the orders. There is reason to believe that Trump’s policies will actually make affirmative asylum cases faster since he is supposedly reassigning refugee officers to work on asylum cases in the US. We will see. Take care, Jason
Dear Jason,
I have a question about applying for green card through asylum. I asked you earlier too but didn’t hear from you. My husband and I both applied for green card through asylum in the first week of March 2016. I already got a green card in Nov 2016. But for my husband, we didn’t here anything yet. While we check the case status it’s the same at the begining, received your case and in process. I am just wondering why they are taking such a long time to approve his case. Let me explain you little bit more about his case. He filed twice previously for green card, the first time is through marriage for which his case was approved but later their marriage turn into divorce and he didn’t get a green card. The second time, he merged the labor case to his previous marriage case for which he was denied to get a green card due to divorce, what they called is grandfathering case (merging labor case to previous marriage case). So both of the time, he didnt get it. And now it’s the third time that his lawyer merged his case to my asylum case and we both got approval on the same date. Now I just wanna know that it’s been almost a year that we applied, but still we didn’t hear anything about his case. Is it because he was denied earlier? Even though its been almost a year and no nothing we received yet. Is it true that sometimes it may take up to 2-3 yrs to get approval? Please do let me know. I will be waiting for your reply. Thank you.
It could be a problem caused by the prior applications, or it could be something else. It is very hard to know with USCIS. I recommend you make an info pass appointment or call USCIS and ask (www.uscis.gov). After that, you can contact the USCIS Ombudsman (a link is at right), as they can sometimes help with delayed cases. Take care, Jason
Dear Mr. Dzubow,
Thank you again for providing your blog and for answering my question. I had wrote to you about my Syrian friend who had gained asylum and sponsored her husband on a derivative asylum basis (I- 730). I told you that it has been over two years waiting for it to process.
You suggested emailing / contacting the embassy or once Trump’s Executive Order was figured out hire a lawyer: your words below
“If it was not for the exec order, I would say that hiring a lawyer who knows about consular processing might help”
I think maybe I was not clear enough in my first question – My friend (the Syrian Asylee) already has contacted the embassy a few times in the space of that over 2 year waiting period. The embassy gave her the reply that the case is still in administrative processing. You state that it may help to hire a lawyer and I would trust your opinion as I read you have dealt with over 50 Syria related cases. However, another lawyer told me that a lawyer can not be of any help. She must simply wait until her husband’s case is fully processed to get an answer and it can sometimes take as much as 5 years for an I-730 case to be processed. The lawyer recommended that while she was waiting, she should simply the embassy every 3 months to make sure the case is being paid attention to and that she is updated on its status. The lawyer I spoke to stated that this was all that could be done so there was really no use for a lawyer. the answer sounded realistic to me but since I came across your blog I wrote you for a second opinion.
Anyway this being the case,what is your opinion: do you still feel it of her benefit to hire a lawyer (of course after the consequences of the executive order is figured out)?
Thank you so again for your time and your very informative blog.
I believe I responded to this. If not, let me know. Take care, Jason
YDear Mr. Dzubow,
Yes you did very kindly answer me once as I stated above. But (based on your answer) I just felt that I had not clearly described the situation so I wrote back one more time. You had recommended contacting the embassy but she has already done this a few times. You also stated that perhaps a lawyer who had practice with consular processing would be of help.
That is where I am wondering how such a lawyer could help. The gentleman (that the wife is sponsoring on a I-730 visa) already gave his additional background info (requested by the embassy after the interview). I see that a lawyer with consular processing experience could have helped in putting together the background info to submit to the embassy but once that info was submitted what else could a lawyer help with?
It is my understanding that once a case has gone to administrative processing they just have to wait. If you do believe that there are still ways that a lawyer’s service could help even after the case has been put into administrative processing do please simply say yes or no.
Thank you so much for your time. Ii is very much appreciated. From reading your blog I am impressed that you answer in such detail for everyone. Actually if only your business was in the Los Angeles area I would recommend my friend hire your services. Anyway again, thank you so much!!
I can’t tell you much more. If you find an honest lawyer who knows about consular processing, that person can say whether he/she can help you. I think a lawyer can help, but I could be wrong, as it is not really my area. Take care, Jason
THANKS SO MUCH!
Hi Jason,
I just received a referral notice from USCIS, as I applied for asylum 5 years back. I’m very very upset and don’t know what to do, as I and my family were expecting an approval.
Also, in the ” Notice to Appear” form, the date column says” to be determined” . I don’t understand this.
I need your advice in this regard.
Thanks and awaiting desperately your reply.
You should find a lawyer to help you, as a good lawyer makes a big difference in court cases. I did a post about this on July 7, 2016 that might help. As for the date of the next court, “to be determined” just means that there is not yet a date for you. You can call this number: 1-800-898-7180 and a computer will answer. Enter your Alien number and follow the instructions. If you have a court date, the computer will tell you the date. But you really should find a lawyer to help you. Take care, Jason
Hi Jason,
It has been 70 days since my application for renewal of EAD was received by USCIS and I still haven’t got my EAD yet. My online case status says that my case was transferred to a new jurisdiction i.e. the Potomac Service Center in Arlington VA but when I went at that address, there was no USCIS office there; instead there was a nursing home there. What do u think is taking so long for mere simple renewal? Last year, the renewal took only 53 days. I haven’t changed my address by the way.
Thanks
It seems this is happening to many people, and I believe it is just USCIS processing. They move cases around depending on their work load. Hopefully, you will get the card soon. Also, a change in the law states that the receipt for an EAD automatically extends the old card. I wrote about it and provided links in a posting dated January 25, 2017 – maybe that would help. Take care, Jason
Wow, that’s great Mr. Jason! That posting was a comment or an article written by you.
Thanks for your help, as always!
To Whom It May Concern,
I am a 17 year old Atheist living in Saudi Arabia and my name is Saif. I was not born in Saudi Arabia but am in fact from Palestine and hold a Jordanian passport. Despite living in strict Muslim countries and belonging to a strict Muslim family I lost faith in Islam and became an Atheist around the time I turned 13.
Given the oppressive nature of my family and country I told no one about my conversion except my brother – at the time he shared my sentiments but since then he changed his mind and exposed me as an Atheist to my family.
Since then I have been regularly beaten by members of my family and people in other positions of power including teachers. Not only am I being physically abused I am also being mentally abused – I am refused a bed or even room to sleep in regularly. I have photos of my bloodshot eyes due to my lack of sleep. I regularly only manage to sleep for 2-4 hours if I am lucky.
My life as it stands described to you is unbearable – and so I have been saving money to afford a plane ticket away from Saudi Arabia and to a country that I wouldn’t be persecuted for my religious beliefs in. This is extremely difficult for me as I am given no money by my family and I cannot work due to the strict labour laws in this country until I am 18. Because I need to save money and because my family abuse me I cannot go to hospital or a doctor and so my health is also failing.
As you can probably understand my mental health is also suffering – I have attempted suicide and self-harmed but I decided to be determined about escaping my life instead of ending it. Because I am an ethnic Palestinian I cannot "correctly" pronounce passages of the Qu’ran in school and this leads to regular verbal and physical abuse.
I write to you in desperation – as not only is my situation already dire, but the worst is to come. Because of my faith and beliefs my father and family in general wish to sell me as a slave. I believe this will happen in the next year or less. They are fully serious when they say this – it is not intended as an expression of shame or a joke.
I need advice on how to get refugee status or seek asylum in Saudi Arabia without risk to my personal safety. I have contacted numerous agencies but failed to get replies that will help me. My concerns are as follows:
1. I do not wish to physically attend the UNHCR in Saudi Arabia. I fear it – and by extension me – are being monitored if I go there. Expressing your atheist beliefs here incur major prison time.
2. Equally I don’t trust the postal service or email services because of the oppressive state structure.
3. The airports in Saudi Arabia maintain that I require a visa to fly TO the country I wish to seek asylum in and not that I would be asked for a visa on arrival. They also require parental permission – something which I will not get from my abusive father. If I travel to Jordan they will not require this permission.
4.I can only travel from Jordan And it Require Visa what to do in this place? i cant be present in Canada without visa and i cant assist any of my family.
please help me 🙁
I encourage you to keep trying to escape. There are countries that will accept you if you can get there. Unfortunately, it is not easy to get a visa, but if you can save enough money, and can show that to the embassy you want to go to, you might be able to get a visa to that country. Once you are in the new country, you can claim asylum. It is very difficult to get a US visa (I am in the US) and I imagine that is true for Canada, but there are other countries that you might consider here it may be easier to get a visa – for example, I believe Ecuador in South America does not require a visa for most nationalities. If you have access to a computer, you can research visa requirements for different countries, as well as whether such countries offer asylum. I imagine you probably could get a visa for some countries in Central and South America, maybe to study there. Once there, you could seek asylum or find other ways to stay. It may not be ideal, but these places sound far better than your current situation and they are easier to get to than most Western countries. I wish you good luck, Jason