Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Hi Jason,
I am preparing for an interview. There is a changing circumstance in my country that threatens my husband, he is my derivative in the application. Would it be possible to add this changing circumstance in my interview.
Thanks
Yes – But some offices have rules about when you can submit new evidence (for example, in my local office in Virginia, all documents must be submitted at least one week prior to the interview). Contact the local asylum office to ask about the filing deadline. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
Thanks for all your help.
I will file I 730 Petition to bring my family to the US within this week. But I plan to move to another state after two months or so.
1. What effect will it have on the process if I change my address to another state while the process is going on? Will it slow it down?
Thanks.
It should have no effect, but make sure to update your address with USCIS using form AR-11, available at http://www.uscis.gov. Take care, Jason
Dear Jason
I am a regular reader of your blog and I can’t explain how grateful I am to you for all the wonderful tips/suggestions and the blog.
My husband had his interview on the 5th of Jan,2017 and the email correspondence kept telling that the decision is pending with the AO. Today he received an email stating that his case is under a supervisor’s review!
Now, what does that exactly mean and will it take the same amount of time the AO took to come to his decision?
Do you suggest he travels with an advance parole at this time?
Your prompt response is highly appreciated
It is very difficult to know what their emails me. Theoretically, the AO reviews the case and then gives it to the supervisor, so if the asylum office is giving you correct information, there has been some progress in the case. How long the decision will take is unknown. He can apply for AP (form I-131, available at http://www.uscis.gov). The problem is, if the case is granted or denied while he is waiting for his AP, the AP will become invalid and he will lose the application fee. If the case is granted, he would need a refugee travel document to travel, not AP. If the case is denied, he cannot travel, even with AP. It can easily take 6 months to get the AP after you apply, so if he does not mind risking the application fee, he can apply for AP, and if there is no decision in his case, he can travel and return (but not to his home country). Take care, Jason
I recently got my asylum approval.
I have applied for travel document to go and see my family in Europe. I plan to stay one month.
I am not from the countries on the travel ban.
-Will I have any problems returning to the USA? Considering the current climate.
Thank you!
Presumably you applied for a Refugee Travel Document. You should be able to return to the US with that, and it should not be a problem. Take care, Jason
Good day dear Neron,
how long did you wait to get result after your interview and in which state?
Dear Jason,
I recently got my asylum approval.
1. I want to submit I 730 petition to bring my wife and kids here. But they don’t have a stable address yet and for sure to change places soon.
-So can I change their address at some later stage?
-Also can I change the embassy at which they will have their interview at some later stage if need be?
-And what effect will these changes have on the process? In terms of duration or success?
2. Once their petition is approved, does the US government provide them with a travel document to come here or is it the government at which they are residing that has to provide it?
They don’t have travel documents now.
3. The names of my daughter and son are written in different formats in their birth certificates because they were born in different countries. So different countries have different naming conventions. For example my country and the US naming conventions are different.
-Will this difference create problems for me in the process?
-If so what can I do to solve these issue?
1 – We have not had to do these things for a person, and I suspect it might be complicated, depending on where in the process you are when they change. I recommend you find an address that is stable (a trusted friend for example), and that you choose an embassy to apply before you start the process. Changing in the middle may be possible, but I suspect it will cause more delay. 2 – The US government provides them with documents to travel. 3 – I doubt this will cause problems, but in your application, you should explain the children’s names, and hopefully that will be enough to solve the problem. Take care, Jason
Hello Jason. My ead has expired and have sent in the renewal but they have mail the card ,now my drivers licence has expired last week. Can I renew my drivers licence with the notice of action mail to me for an extension of 180 days.. Thanks
I meant they hvnt mailed the card. Apply for renewal in May and it expired in July 26 17.
You should be able to renewal the DL. If you need the government websites that explain this, I did a blog post on January 25, 2017 with the relevant links. Take care, Jason
Hi Jason,
My name is Kelsang. I am from NY. I am an asylum applicant and i just got transfer my case to Immigration court by USCIS. my employer told me that he can offer me 2-5 years contract in my work place. Can i apply for the work based permanent resident?
Looking forward to hear from you. thank you in advance!
It is possible, but it depends on many factors. You should talk to a lawyer before you start this process to make sure you are eligible to complete the process (and most asylum seekers are not eligible to complete the process without leaving the US and getting the green card overseas, which may or may not be possible, depending on your case). Take care, Jason
Hi Jason,
Thank you very much for your helpful information. I live in PA right now. I would personally wonder to give my asylum case to you.I wonder to know how much do you charge for the immigration court? I just had my court case on 8 November 2017 Master Hearing. Please you can write me in an email or we can fixed appointment on email or skype whatever you are flexible with it? thank you again!
I will not be available to discuss this until next week, but you can email me at jdzubow@dzubowlaw.com. Take care, Jason
Hello Jason, thanks for always being there to assist us.
Sir, I have two quick questions.
1· I received two letters from a doctor and a pastor all describing the difficult health situation faced by my wife and daughter including three photos showing their admission in the hospital. Can these letters and pictures serve as enough proof to expedite my asylum case?
2.Can I get a sample of how I can write an expedite letter? Is there any special format to write an expedite letter? Please I need your advice.
Thanks
1 – This sounds like powerful evidence to help you expedite the case. 2 – I do not have a sample, but I wrote a blog post about this on March 30, 2017 and maybe that would help. Take care, Jason
Hello Jason
Just Sharing the info
We had sent our asylum application to Houston office on 01/15/2017 and they got it on 01/23/2017. we did fingerprint on 02/01/2017.
We applied for EAD on 06/15/2017 and they received it on 06/26/2017 and we got our EAD card today w.e. from 07/26/2017.
Fast service.
Thanks
Dee
Congrats
Which site is your local office?
I have somilar application and it has been almost three months since they recieved it. But, still I didn’t get feedback.
Congratulations
I recently applied for my intial ead at the Houston office , the received in on 07/19/17 received receipt number via email , but haven’t received the physical receipt. I hope my application gets processed as fast as yours.
HI Dr .Dee ,
Mine is applied on 5/8/2017 for EAD at texas service center but still it showing as received application .
Thank you for sharing. You got the EAD a bit faster than normal, so that was good. Take care, Jason
Hi Dr Dee ,
Congrats . You got only in 1 month 7 days so its very fast processing .
Hi Jason,
I really appreciate your advice to us, the people who apply for Asylum. Unfortunately you base in Washington not in Florida. By the way, Could you refer me a good Asylum lawyer in Miami? I need him to handle my case. I strongly appreciate you refer me a good one. Thank you Jason for your help and your support. May God bless you all time.
I cannot make referrals here. You might try Googling “AILA immigration” – that is the American Association of Immigration Lawyers, and they have referral lists. The lawyers who are members are generally better than the lawyers who are not members, but of course, there are many exceptions to this statement, and you have to meet the lawyer and evaluate that person for yourself. Take care, Jason
Hi Jason.
My family and I are in the United States on a visitors visa, we would like to seek asylum in Canada. Please advice.
You need to be in Canada to do that. Talk to a lawyer in Canada before you go there, as your trip to the US may make you ineligible to apply in Canada (and if they return you to the US, you could be detained). Take care, Jason
Hi Jason,
I am about to file I765 application based on pending asylum.
My signing date on I765 application is 150th day and I will send the application after 150 days.
Does the date you signed the application have to be after 150 days? Or is it just about when USCIS receives my application.
Many Thanks,
Abhi
You can mail it after 150 days. I think the signing date is not important. Take care, Jason
Hi jason
Am chris i was denied asylum in the u s and was deported to another country who not my home country do i have any chance to seek get asylum in canada
Because canada and u s have the same system
Thank’s
Canada will likely know about the denial in the US. I believe the two countries share such info (but I am not 100% sure). Talk to a lawyer in Canada to ask about how your US denial might affect the case there. Take care, Jason
Hi Jason ,
Thanks for answering my previous questions .
I have a question . I was on h1b visa until 9/10/2016 and then also i got extension approval on 9/10/2016 until 9/9/2017 but without extension of stay due to my previous school issue . In this case DHS sent I797C notice as stated to go for stamping in my home country India .
My attorney applied Asylum after 2 months I797C notice sent to me for stamping /consular processing due to political situation in my region on 12/1/2016 .
My question is Can I eligible to invest under EB5 visa before decision taken on my case because it may take 2 to 3 years for interview at Houston center .
Please suggest me .
I cannot tell from your email. You may need to leave the US to get the GC, which may or may not be possible. I think you need to have the lawyer go over the specifics of your situation to make sure that you can complete the process before you start. Too many lawyers will start this process (and take their fees), even though they know (or should know) that the person cannot complete the process, so be careful about that. Take care, Jason
hi Jason
I have a ss, an “asylum status granted indefinetly” card issued in 1991..and an expired green card since 2004
I was in Los Angeles,,working here and there,divorced, never enough finance to keep track and renew my documents
can I renew my green card taking in consideration the above situation?
many thanks
You should be able to get a new green card, or maybe apply for US citizenship, if you are eligible. For some forms, you can request a fee waiver, using form I-912 (available at http://www.uscis.gov), so you do not have to pay the fee. Take care, Jason
Hi Jason,
I applied for my 1st EAD.I filled the I765 form and send it already. However I did not include my passport photos which I had not seen as a requirement when filling the form.So is it mandatory to send photos,and if so can I send the photos only.
Thanks
USCIS should send you a letter requesting the photos, and then you can respond. It is probably easier that way then trying to send them the photos before you receive that letter requesting more evidence. Take care, Jason
Hi Jason
Thank you for your helpful info and support. I have a pending asylum application and I also applied for EAD. The USCIS office had recieved my EAD application on 05/08/2017. But, still now the online status shows as ‘ Recieved’. My local office is @ Arlington. I have the info that in other offices EAD had been issued in less than 45 days. Do you think that this is normal timeline for my local office?
Thanks
Lakabe
Most of my cases are in Arlington, and we are seeing EADs take 2 to 4 months, so in my opinion, it is too soon to worry about this. If you want, you can call USCIS and inquire. You can find their phone number at http://www.uscis.gov. Take care, Jason
Hello Jadon,
My relative came from another country and he ask for political asylum. He left his country urgently due to lufe threatening political issue and his application is pending here.
His land lord in hos country sued him for unpaid rent in his country and he is threatining him by telling he will create a problem on hos asylum case in USA. He left everything at home abd he is not in a position yo solve that. Do you think his litigation issue back home can affect his immigration application here? Pleade advice.
JD
I doubt it. The landlord would have to have some idea about the US asylum system and then he would have to communicate with the US government about the asylum seeker. The landlord dispute would have no effect on the asylum case, but if the landlord lied and said other things, it might cause issues. I have never seen this come up in a case, and I think it is pretty rare, so hopefully it will not be an issue. Take care, Jason
Hello Jason, I’m from Iraq and the only way to be able to come to the U.S was to get a F1 visa. Now I received my F1 visa and planing to arrive in Sep. What happens if I file asylum and do not report to the my University? or you believe I should inform the student office in my Uni. I do not have the full funding to cover the entire period of my studies. If I do not report to my Uni, you think that might effect my asylum case? Thank you.
ICE may try to detain you if you do not report, as the university is required to report your failure to appear for class. If you file for asylum, you should be protected from being detained, as most asylum seekers are not detained. You will need to explain why you got an F visa when you did not plan to attend, and this likely will be viewed as a negative factor in your case. Normally, though, if you otherwise qualify for asylum, the “visa fraud” should not block you from receiving asylum. You can look up a case (or if you have a lawyer, the lawyer can do it) about this called “Matter of Pula”, which covers this situation. Take care, Jason
hi dear
i applied for asylum case in april 2015 , still i am wating for interview , i saw in site they are in process for april 2013,
so that means i need to wait for next 2 years or maybe they set interview for me before that,thanks for helping me and answer
I did a post about this on June 7, 2016 – that might help. In short, it is difficult to say how long you will wait. My guess is that it will be less than two years, but it really is mostly a guess. Take care, Jason
Hi, Jason, I filed in July, 2014, in Seattle Sub office, I think they might just forgot me already haha….
Your main office is San Francisco. You can email them to ask about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason, yeah, I emailed them in Nov 2015, they said they were scheduling for people who filed in December 2012, I emailed them in November,2016 1 year later, they answered they were scheduling for December 2012, I just emailed in June,2017, they said, they were scheduling for December,2012-January,2013. Literately, almost 2 years, no chance at all. I give up…
That is pretty bad – Maybe you should request that they expedite the case. I wrote about that on March 30, 2017. Maybe that would get you a sooner interview. Take care, Jason
Hello Jason,
God bless you.
Can you pls guide me whether I can and I should expedite my asylum application on the basis of family separation or not.
How much time they take to accept request for expediting the case.
If by chance expedition request is denied how it affects in my regular time interview.
And if they accept my expedition request but interview doesn’t go right and the asylum officer denies the case, can we appeal to the next level / immigration judge or not ?
Thanks and regards
Dee
I did a posting on March 30, 2017 that might help. If they refuse to expedite, there are no negative effects. If you lose, your case will go to the judge unless you are “in status” meaning you have some valid status in the US besides the pending asylum (usually this is F-1 or H1b, but it could be some other status). Take care, Jason
Hi Jason,
I have applied for EAD document for first time 1 month back. But still i m not able to receive any confirmation that my application is received and accepted or not . Please help me what should be the next step i need to take . Either i wait for mail or call immigration and ask about that.
You can call them and ask. You can find the number at http://www.uscis.gov. Receipts can take over a month, but normally, they would not take longer than that. Take care, Jason
Hello Jason. I’m from one of the designated countries in the travel ban. I’m coming to the US soon on F1 Visa. Does the custom officer in the airport have the right to ask me to hand my mobile and laptop and copy the data? Can I refuse because it is a violation of my privacy? Thank you.
They can ask and you cannot refuse. You have essentially no rights at a border crossing. If you refuse, they can deny you entry and force you to leave the country (or you can claim asylum at the airport, but this will result in you being detained). Take care, Jason
hi Jason,
Thanks for your valuable blog services,
I am here on pending asylum, I have Q , if I send money to my wife and son at home country for family maintenance, is there any problem with my case and also to my family , is there any limit to send money, kindly advise, thanks,
Thanks
I do not know about sending money abroad in terms of limits or sending it to certain countries or people, but it should have no effect on your asylum case. Take care, Jason
Hi Jason,
I have a question regarding Asylum Denial Notice Date. Let’s say John’s F1 visa expires on January 5. USCIS’s Denial Notice is dated January 5. Should USCIS refer John to an immigration office or write a denial letter without referring him to the court. USCIS might have decided before the expiry date, but the notice date was after the expiry date. Is there any rule about notice dates and decision dates? An immigration judge is disputing that USCIS couldn’t issue a Final Denial notice because the visa was expired.
I think I have seen a case where USCIS issue a notice of intent to deny (NOID) and then, the I-94 expires during the time between issuing the NOID and the decision in the asylum case. If I remember correctly, the person was referred to court. However, I do not know a specific rule about this. If it were anywhere, it might be in the Affirmative Asylum Procedures Manuel – a link to that is at right. Take care, Jason
Hello ,
I have applied for asylum last year still pending waiting for my interview.
Is there a way to apply for a social security number while waiting? so i can apply for a driver license? other than applying first for EAD becasue EADs are taking forever (already applied 6months ago through my TPS case and still waiting for it.)
thank you 🙂
A TPS EAD can be slow, but an asylum EAD should be faster. However, 6 months is pretty slow. Maybe contact USCIS to ask (the phone number is at http://www.uscis.gov). You can also contact the USCIS Ombudsman for help with this – a link is at right. You can apply for your asylum-pending EAD 150 days after your asylum case was received. If you do not have an EAD, I think you cannot get an SSN, but you can contact the Social Security office to check. As for the driver’s license, most states require an EAD, but sometimes people get the DL without the EAD, so you may want to try. Take care, Jason
Hi Jason,
First, Your helpfulness can’t be thanked with words. Thank you so much for helping us out.
I had a doubt with filing I-765 on the basis of pending asylum.
The I-765 form has a question “Have you ever filed for employment authorization with USCIS” and truth is, I have as a F-1 student in the past. My EAD was denied at that time without prejudice (because of issues with the filing date of application.)
Now, a paralegal I am working with on my asylum case, is asking me to put in ‘No’ as an answer to the question because he thinks it will make the case more complicated and it will make me pay $410 filing fee(because it won’t be my first I-765 application)
My question is, should I put in the truth that I had filed for EAD and it was denied? And If I do so, will I have to pay $410 filing fee?
Thanks,
Abhi
I think the paralegal is wrong. The question is easy to answer – you did file for an EAD; it was denied. USCIS obviously already knows about this, since you filed with them. We do this all the time and it has never been a problem. As for the fee, you do not have to pay the fee if it is the first time you are filing for an EAD based on asylum pending. Finally, if this “paralegal” is helping you with your asylum case, you might want to think about finding someone else. This is a pretty basic EAD question, and if he is getting it wrong, imagine what his “help” might mean for an asylum case. In addition, it is actually illegal for a non-lawyer to give legal advice, so if the paralegal is not being supervised by a lawyer, that is also a potential problem. Take care, Jason
Thank you so much, Jason.
I also talked with a local immigration lawyer and after reviewing my document, he also asked to me put in “no” as an answer with the reasoning that there have been similar cases in the past where he would put “no”, if the EAD application was for different criteria(asylum vs. F1). 1) Can a lawyer be wrong? He even agreed to file a g28 and sing as preparer for my I765 application.
2) If I have given all information to attorney, Can my application be still be considered a fraudulent application?
3) This is all very confusing for me. I haven’t filed my application yet. Do you provide document review services yourself ? (Do you recommend any particular online service or attorney for this?)
1 – Lawyers can be wrong, but on these forms, as long as you provide an explanation, usually, it is alright. 2 – Yes, but an honest mistake, especially where you explain yourself, should not lead to a finding of fraud. 3 – This is not a service I provide, and most lawyer will not do it because we become responsible for the forms by reviewing them, but we do not have control over what is filed, since we are not the lawyer. Take care, Jason
Hi Jason, I applied for asylum in 2014 august through Houston office. my dependents were included on application that have since turned 21. I did voluntary interview in march through new Orleans office. one of my dependents apply for renewal ead and fees is returned that it is not needed. does this mean my application was approved and is changed to ao5 category. I don’t understand. also how can I find out. my lawyer says we must just wait for letter.
You might try contacting USCIS or going in person with an Info Pass appointment to see why the EAD application was rejected. You can find the phone number to call or make an appointment at http://www.uscis.gov. Also, you can email the local office (or go in person – but maybe you cannot do that in New Orleans) to inquire about the case status. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Due to my kid’s health issues I was not able to attend my asylum interview.
How much time on average do you think it will take to reschedule the interview?
Thanks.
It should only take a few weeks. Hopefully, you informed them about the reason for missing the interview. If not, you can email them and also ask about rescheduling. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I HAVE APPLIED FOR ASYLUM ON AUGUST 2014, BUT TILL NOW I DONT KNOW MY ASYLUM CASE DATE. HOW CAN I KNOW MY CASE DATE??
You cannot know, but you can get some idea if you check the Asylum Office Scheduling Bulletin – a link is at right. Take care, Jason
Hello Jason, I applied asylum case in 2014 and did interview and received recommended approval. It’s been over 3 months since I received the recommended approval. Noe I have 3 questions:
1. What happens if I want to withdraw my application
2. My mom is sick she needs my help, can I travel back
3. It is been already 3 years since I applied and over 3 months since recommended approval letter (no one know how long it will take!) I want to change my status to student visa, is it possible?
1 – It depends. If you withdraw because you plan to leave the US, then your case will be denied. You should inform them about this and give proof that you left the US. Hopefully, this will make it easier for you to return to the US in the future. 2 – If you do, it could affect eligibility for asylum. Also, you would probably need Advance Parole (form I-131, available at http://www.uscis.gov) to re-enter the US. 3 – Unless you have some other lawful status (besides pending asylum) , you would probably have to leave the US, get the student visa overseas, and return here, and this may or may not be possible depending on your specific situation. I recommend you talk to a lawyer to help with all this, as it can be tricky, and I do not know enough here to give you full advice. Take care, Jason
Hi…
My wife and son apply for asylum and they gave received recommended approval in 23 Jan 2017 (dated 19th of Jan in the letter) from SF office. She moved back to orange county and notify the office for changing address.
She visited SF office on 5th of Jun and the officer supervisor informed here that our case finished from security checking and he told here that she’ll receive the final decision within 4-6 weeks.
On 16th of Jun our lawyer informed us that they gave requested (SF office) our son B certificate and it was already submitted from the beginning (note: my son’s family name is wrong/different than my family name because a mistake of our embassy)
Today is 2nd og July…what is the problem?
How long it will take? Could all of this because my son’s family name different?
Note that a friend of us went to SF office and officer told her the same but after 4 weeks exactly she received the final approval.
Kindly advice
Another question; I applied for a visa in Saudi Arabia last April..but the officer in the embassy told me i cannot find a reason to for giving you a visa I told him I want to visit my wife and son..then he asked me that my passport full..where we can put the visa..i showed him one blank page..he told me we need two blank pages (my passport will expire in mid of September)..then he told me again..I have no reason to grant you a visa maybe your wife asked for asylum because of u..and gave me a paper with code 214 (b)
I asked him can i apply again..he said maybe another officer will help
Now; i have renewed my passport..can I apply again?
What ahould I say..? Note that I’m still have a job and i will return back after my visit
Plz advice
Unfortunately, there is no way to know how long it will take. It could be as a result of the name, but again, there is no way to know. I think all you can do is follow up every few months. It sounds like the case will receive a final grant, it is just a question of when. You can apply again for a US visa, but they may very well deny you because your wife is an asylum seeker in the US. They may think you plan to join her in the US. You will have to convince them otherwise. I did a blog post about this on April 18, 2014 – maybe that would help. Take care, Jason
Thanks for the reply…
I hope that we can hear a good news soon
Hi Jason,
i have a question, my husband and I are pending assylum seekers. we just received our EAD’s and we went to apply for social security cards. my husband was told he will receive his card in two weeks while i will receive mine in 1month because my name was long. the person attending to me said he must verify the documents i gave to show my alien status with the federal, state or local office in the USA that issued the documents. i just want to know if its normal or should i be worried.
I do not know whether this is normal, but if you have the EAD, you should get the SSN. I doubt it is something to worry about, but if you do not receive the card in the time frame they gave, you will need to follow up. Take care, Jason
HI Laura ,
How long it takes to get EAD and mine is applied on may 1o th but still it is showing same status .
Please let me know .
We are seeing EADs take 2 to 4 months. Take care, Jason
Hi Jason,
I really appreciate you responding here. Hope you respond me as well. I am about to file my I-765 application based on pending asylum case on August 2(150 days after my case was filed). I have an offer letter to start a job from September 25. The company explicitly said that the offer is contingent on me bringing my EAD/EAD approval by that date.
What are my options? Can/should I wait to call customer service to raise service request in september? Should I send an expedite request with the offer letter along with I765 application to USCIS based on “severe personal loss” as a ground?
Thanks,
I think it will be a close call whether you can get the EAD by September 25, but maybe. I recommend you include a short note with your I-765 application explaining why you need them to expedite. Include a copy of your offer letter and highlight the language about needing the EAD by that date. Once you have the receipt, call USCIS to inquire and tell the person about the offer and your expedite request (the phone number is on the website: http://www.uscis.gov). Good luck, Jason
I have applied for TPS for Syrian since January 2017…I did my finger prints in March . but until now I still have not neither received my TPS or EAD.. when I check online it says pending at the local office …May you tell me what does it mean please ? the TPS expires in March 2018 in less than 9 months and still havent heard from them or received anything even i paid the fees..
thank you .
You can call USCIS to inquire – the phone number can be found at http://www.uscis.gov. Also, you can inquire with the USCIS Ombudsman – a link is at right, and they may be able to assist with a delayed case. Take care, Jason
Hi Jason ,
My self Rajesh . My attorney applied Asylum EAD on May 8 th , 2017 but when I checked in USCIS time processing website it’s showing as processing EAD petitions @ TSC , whose applied on 11 th May also .
Why my EAD petition is not showing as updated ?
I-765 Application for Employment Authorization Based on a pending asylum application [(c)(8)] May 11, 2017
In my experience, EADs are taking 2 to 4 months. I have little confidence in the EAD processing times posted by USCIS if they are different from that because that is what we are seeing with our clients. Take care, Jason
Hi Jason ,
My attorney applied for asylum in September, 2016 @ Houston office but if i get job in Florida or LA, CA (Because it taking much time ) , my interview date is same as @ Houston or it may be changed to local priority list .
Please let me know .
If you move to a new office, you keep your original filing date, but you will be interviewed according to the schedule of the new office – See the Asylum Office Scheduling Bulletin, a link is at right. Take care, Jason
Hi Jason,
Is it not possible to get a professional job (which requires secret clearance) with only my work permit? I am an IT professional and most of the vacancies require a secret clearance.
Please kindly advise.
With a work permit, you can work anywhere that will hire you. Whether you can get a security clearance with a work permit, I do not know, but any potential employer should be able to assist with that. Take care, Jason
Hi Jason!
Example.:
If the asylum officer send your case in court and you are waiting for court hearing, can you adjust status via US citizen marriage or how it works?
Maybe, but it depends on the situation – how you entered the US, your immigration status, whether you have convictions, etc. In most cases, where the alien is eligible, the US citizen files an I-130 petition and once that is approved, the court case is terminated and the alien adjusts status (gets a green card) with USCIS. Sometimes, the Judge will adjust the alien’s status. If you are in this situation, you should talk to a lawyer to determine your eligibility and help with the case. Take care, Jason
I entered in US legally(JFK airport using my J1 visa)
After 1(11months) yea applied for asylum
No any legal status was maintained.
I applied for asylum in sept. 2014. I also applied for TPS in 2015. I received my interview letter on December 2016 only to be postponed until further notice. I went and checked with USCIS during their open session on Friday on Feb 2017. They notified me that my file was transferred to Lincoln, Nebraska due to TPS application and i will hear from them within one month after my TPS application is approved. I received TPS approval letter on june 2017. Till the date my asylum interview has not been scheduled yet.
Any suggestions??
I had not heard about this happening before – it is very annoying. Contact the asylum office again and ask about the interview. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey Jason,
i have pending asylum case, but now i decided to go back to my country, what should i need to do now, i locate my asylum office but i couldn’t find their telephone number so how can i inform them that i am leaving.
secondly if i apply for advance parole document now how long they will take to issue that document.
Thanks
AP takes 4 to 6 months, usually. If you leave, you can email the asylum office and ask them to cancel your case. You might also want to send proof (like a passport stamp) showing that you have left. You can find their contact info if you follow the link at right called Asylum Office Locator. There is usually also a phone number, but often, no one ever answers. Take care, Jason
Hi Jason,
I was interviewed few days ago. I brought a witness with me, but before wrapping up the interview, the asylum officer told me that he did not need to hear from my witness if he had only to confirm my story because “I trust you” she said. So, we skipped my witness testimony, and he asked me for two passport photos ( as far as I know it is not a required document for an asylum interview). Nevertheless, I took some and brought them to him.
What is your take on that?
Usually, they do not talk with witnesses, so that is normal. The statement the officer made seems positive, so hopefully it is a good sign. Good luck, Jason
Hi Jason, I’m an activist and I was a victim of armed Islamic group violence in Yemen. I was held captive, I was forced to give information about civil society activities and I was used in propaganda video to denounce certain countries and organizations. I also paid ransom to be released. I’m now in the United States on a program funded by the state department. I understood from one of your articles (the one you wrote on October 20, 2015) that cases like mine might be placed on “indefinite hold”. Is there a way to know before applying for asylum the chances that my case is terrorism related case? I might be able to cope with the long wait but the idea of indefinite hold is driving me crazy especially because I have a family in Jordan and I’m trying to bring them.
Given what you say, I think it is likely that your case would be delayed for a long time. I am not sure about the indefinite hold. You may need to hire a lawyer to analyze that for you (it is based on some USCIS memos and some regulations that are supposed to be written, but are still not complete). If possible, try to bring your family here first, before you apply for asylum. I know that can be quite difficult, but if they can do it, it is far better. Take care, Jason
Hi Jason.
Q:
We wanna move our case to SF(now we are in VA,arlington).
And of course we don’t wanna lose the time that we already spent waiting(we applied in may 2015).
SF office right know at april,may 2015..and we about to move in august, so in august most likely SF gonna be at july-august 2015. Are we gonna keep our space in line!? Does it affect some how our case? May be it looks suspicious for officer that we are moving? What do you think?
I know that it gonna takes several months for case to be moved to SF, but still we wanna move in that area!
Thank you!!
You can move – there should be no problem of looking suspicious. File the change of address (form AR-11, available at http://www.uscis.gov) on line for the I-589 and then email or send it to Arlington. After they have it, you can contact them to make sure the case is moved to SF. Once it is moved, you can contact SF to make sure you keep your place in the queue (which you should). Since you should get an interview in SF pretty soon, make sure that your case is complete and everything is filed. You can find contact info for the asylum offices if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
In december 2017 it will be two years since I filed my affirmative asylum case . As per the uscis asylum schedule bulletin I am expecting that interview will be conducted sometime in 2018 this is purely based on my calculation & assumption , though I am not aware of the actual situation and their criteria of scheduling the interviews. will it help in any way to file/request for shortlist so that if there is any available slot they may call for interview sooner then the actual schedule.
Thanks
Hashim
If your asylum office has a short list, you can request it (remember to make sure your case is all complete and submitted if you do). Either you will get called based on the short list or based on the regular queue – there is no downside. Contact your office to ask about the short list. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks for the advise atleast there is no harm to request shortlist.
Hey Jason,
How long does it usually take for an asylee to get his greencard after he applies for one?
It is not very predictable, but it usually takes 6 to 9 months, at leas that is a reasonable guess. Take care, Jason
Hi jason,thank you for the this helpful blog,my question is with your experience as immigration lawyer did you ever saw an asylam case was granted without interview
No – and that would violate the rules of asylum. Take care, Jason
Dear Jason,
Thank you for all your help. Your advice is invaluable.
I recently won asylum. I will now apply for my wife and children for derivative asylum.
1. They are in Europe and have applied for asylum in Europe.
So does this make them ineligible for derivative asylum here in the US? Will it affect negatively my application to bring them here?
2. I have applied for and will start receiving some benefits like cash, health coverage and food stamps until I get a job and get settled. So will these affect my application to bring my family to the USA? Will USCIS care about my financial standing in deciding my application to bring my family to the US?
Thank you very much.
1- It should have no effect; they can come to the US as your derivatives. 2 – This will not affect either. You can file the forms I-730 to bring them here (one form per person). The process can take 4 months (at best) to maybe a year, depending on many factors. Good luck, Jason
Hi, Jason
I have a question regarding green card by asylum.
Once that I get the green card what happens if the situation in my country changes? the green card can be revoked?
Thanks
In that case, I think the GC would not be revoked. At least I have never heard of such a thing. That is why it is a good idea to get the GC, as asylum can be revoked if country conditions improve (though this is also very rare). Take care, Jason
Hey Jason,
A quick question. Do I need to translate my diplomas and birth certificates from another country to present them to the asylum office?
Someone said that it is not important if it is not related to my case.
Please help.
We do submit such documents for our clients. Personally, I think it is important, since it tells something about you. Also, it seems to me that such documents should not be that difficult to translate and you will need that later (maybe) to get a job or go to school. Also, you can translate documents yourself, if you speak both languages, and so you do not need to pay anyone for that. You do need a certificate of translation verifying the translation, and you should not sign that certificate for your own case, but a friend who speaks the languages can sign it. Take care, Jason
Hi Jason, I just got a notification from my attorney who said I have an interview on July 18th. Today is July 10. I thought uscis used to notify 3 weeks prior to the interview. Is my attorney lying to me with such short notice?
I haven’t submitted any supporting documents yet. Do you think it is better to reschedule the interview or shall I still try to take my documents to the interview to see what happens?
If I reschedule, how much longer will I have to wait again? Because I have already waited for 2.5 years now.
Thank you.
You should also have received a notice in the mail if this is a “normal” interview. If it is a short-list, the asylum office probably just called your lawyer. For short list cases, they do not always give much notice. This is why I recommend that you complete and file all documents in the case before you put your name on the short list. I do not know the rules about submitting documents to your asylum office (in my office – Virginia – all documents must be submitted one week before the interview), and so maybe you still have time to submit documents. But if not, you probably need to postpone (better to wait longer than lose the case because you failed to submit evidence). If you postpone, they may be able to give you a short list date soon, or you may be interview per the Asylum Office Scheduling Bulletin (a link is at right). Take care, Jason