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
Hello, Jason! Tell me, please, if I can somewhere find information about free educational programs for asylum seekers in the United States? I am now in the process of waiting for a decision on my case. And I would like to receive additional education here. In my home country Russia I have a general education and higher education at the university. But my English is still very poor.
I do not know of any place where you can get this information. If you contact your local “Catholic Charities” office, they may be able to help you. Good luck, Jason
Hi dear jason . I have a question . I’m asylum pending . After 150 days me and my parents sent our request for EAD. After 2 months we received our receipt numbers . Then today i saw on internet they wrote they sent my moms EAD card and it approved . But for me and my dad they wrote they need additional evidence. What does it mean ? We sent the same papers as my mom . They said That they can’t do any action on me and my dads EAD till they received the documents of expired . What does it mean ? We didn’t even receive the additional evidence paper. I mean any paper. which they need . I’ll appreciate you if you answer me . I feel so worry about it. Thanks
We sometimes see things like this – where one case is approved and the exact same case for another person has problems. You will have to wait until USCIS sends you a letter explaining what they need. Hopefully, it is nothing too difficult, but until you get the letter, you cannot know. Sometimes, it takes a few weeks to get the letter after it is posted on the website. Good luck, Jason
Hi Jason, I am a 21 year old who applied for DACA 3 years ago and was approved with no issue. I just renewed a couple of month ago, my grandmother passed away yesterday and I was planning on applying for Advanced Parole to go to the funeral but I am afraid of taking the risk of not being allowed back in, should I be concerned or should I go for it?
Sorry for the loss – such things are particularly difficult when you are far away. However, you should be concerned about the trip. I am not telling you not to go, but you should definitely talk to a lawyer before you do. I do not know about DACA and Advance Parole, and you need to be sure you can come back before you leave (and by the way, if you are able to go, it is possible to obtain emergency AP at the local USCIS field office). Take care, Jason
Hi Jason , my attorney filed request of joint motion to reopen the with ICE on a my case that was decided late 2013. I wanted him to go directly to the IJ who decided my case but he insisted with ICE, i wonder how successful can it be to file a motion to reopen with ICE but most importantly i wanna know how long it usually takes for ICE to respond when you file motion to reopen with them according to your experience. I really appreciate your assistance in concerned people like me. Thanks again.
There is no time frame for ICE to respond. It is standard procedure to send the proposed Motion to Reopen to the ICE Trial Attorney (now called Office of the Chief Counsel). If they agree to reopen, then you file with the IJ. If they do not agree or do not respond, you can file with the IJ. Good luck, Jason
Thanks Jason for your useful response.
Dear jason
It is very amazing and interesting for me to know that you are guiding the asylun seakers free of cost and answer all the posts.Thank you very much. My question is that I arrived in Los Angles in april 2015. I go to DMV and received temporary driving licance through i94 which will expires in october. Now I applied for asylum in Los Angles. I am a commercial truck driver. My question is that after getting my EAD can I applied for Commercial Driver License bcz some body told me that CDL valid for four years and my EAD is only for one year. Please tell me can I get CDL in California DMV
You will need to contact the DMV, as I do not know. However, if you get an EAD based on a pending asylum case, the EAD will only be valid for one year (though you can extend it until your case is finished). I have had at least one client with an EAD and a CDL (the EAD was not based on asylum, but it was still only valid for one year), but he was not in California, so you will need to talk to the California DMV to see what their policy is.
Hi Jason on june 2015, my attorney did file motion to reopen with ICE on a asylum case that was decided back late 2013, ok how are the chances for such case to be reopened? I asked my attorney to go and directly and ask the IJ to reopen my case but he insisted that he will go ICE which i didnt understand. So can you pls tell me whats going on here as far as your knowledge about this. Most importantly how long does ICE respond if it agrees or not? Thanks for your precious time in assisting concerned people like me.
It depends why you want to reopen – it is usually very difficult to reopen. Maybe the lawyer sent the documents to ICE (I assume DHS Office of the Chief Counsel – the prosecutor) to see whether they might consent to reopening the case. If they consent, it is much easier to get the IJ to reopen.
Thanks for your answer . I looked my my question and for some reason i couldn’t see it so i had to resend again. You can disregard it . Thnks again jason.
i am waiting for interview since January 2015 n sfo. My attorney has sent all my document and requested for interview via email. Does it mean I am in shortlist already? I also receive a call from a Private number which i missed. does it mean it was call from Asylum office? When Asylum office call for shortlist interview, do they call from private number?
If you want to be on the short list, you need to request that. You should ask your attorney about that. As for the call and what offices utilize the short list, I do not know.
Dear Jason
I have two questions:
1. I have an asylum case which is still pending, can my father who is an American citizen file a family petition (I-130) for me and my husband while my asylum case is still open. I mean will there be any conflict between the two cases.
2. If I want to cancel my asylum case and leave the country is there any procedure i have to do.
I appreciate your help.
Regards
Your father can file for you in the category for adult children of US citizens – it is a very long wait. Maybe 8 or 9 years. But there is no conflict with the asylum case. If you want to cancel asylum and leave, contact the asylum office and let them know. You might ask them if there is any particular procedure they want you to follow. Take care, Jason
Hi Jayson- can a dependant on an asylum application leave the country and re-enter given they are on a valid work visa that is valid through 2018 .
Probably, but this can be tricky. It is safer to have advance parole, and you might want to talk to a lawyer about the specifics of the case before the relative travels.
even if we are waiting for the interview ?
Dear Jason. I am from Pakistan arrived in March 2015 in USA. My visit was just 2 weeks. But as you know that in Pakistan many islamic extremist groups are against the modern islam and people. One target killing attack was faced by me my wife and father also. I asked my wife to send all police record thread letters and medical reports. I submit my case in Los Angles last week. My first question is that how much time required to process my case as according to your posts LA is clowest processing in US. The second question is that our police and medical record is not computrized how asylum office will verify my original record.
Thanks
There is no way to predict how long a case will take, but LA is very slow – they are currently interviewing people who filed in August 2011. Hopefully, they will get some more help and move through the cases quickly. As for the police and medical records, they can send them to the US Embassy in Pakistan to verify or to their own lab, which supposedly has representative samples of many documents. I think normally they do not do this – they just examine them to see whether they appear authentic. Take care, Jason
Hi Jason,
Thank you for all the information that you provide. My question today is does the asylum office take video proofs(Proofs of torture and violence commited) as proofs to my case? How do I send the videos proofs along with my written documents proofs. Looking forward to your reply, thank you.
It is sometimes difficult to get them to accept video proof. You can make a written transcript of the video (and a translation of that if needed) and give it to them. Also, you can print screen shots from the video. Aside from that, you can try to give them a CD or Thumb Drive, but they often will not accept those. You can also post it on YouTube and give them the link.
Hi Jason,
You are doing such a great job and Thank you so much for your efforts. I got my asylum receipt on Feb 03, 2015. My office is Arlington and my EAD application received to July 9, 2015 and approved on Aug 05, 2015. But I have not received any EAD receipt by mail. I came to know that my EAD application was received by email from lockbox and via my USCIS web login I came to know my EAD approved. The email (Jul 13) told a receipt of my EAD was sent to me which I have not received yet. I called to the Service Center but they said they cannot send me duplicate or open SR before 30 days. As I checked the i765 instructions, I should have received i797 form for biometrics now. Could you please advise what is the procedure and what should do or expect.
Thank you in-advance and much appreciated.
MA
I am not sure I understand the problem. Your EAD was approved, but you never received a fingerprint appointment? Since the approval was only a few days ago, it seems to me that you need to wait a bit longer. Generally, it takes a week or two (or more) from the date that they approve something until the date you receive it. If you do not have it in a few weeks, you should contact USCIS. Take care, Jason
HI Jason,
I filed my I-589 Application on March 03,2015 and my case is pending. I heart that since there is a backlog at the Airlington,VA office they are calling the August,2013 application. My question is do you know if in 2014 there are more application into a backlog than in 2013. Another to you thing calling gonna be fastest for the 2014 cases so that it gonna reduce the waiting times for person filling in 2015?
Thanks,
Jane S
About 1/2 the 2014 cases are done, so I hope that the asylum office will move relatively quickly through the remaining 2014 cases. Almost none of the 2015 cases have been processed, so that will take more time. It really is quite unpredictable.
Hello Sir,
I m from Iraq. i applied for Asylum in Houston TX. i had the interview. I had the interview 4 months ago, yet their no decision mailed to me. I emalied the immigration, they said “Your case is still pending security checks you will be notified by mail once your case has been completed.”
Do you know how long will it take to send me the interview decision with the last updated knowledge?
Can you please answer me?
Thank you sir,
This is very common, especially for people from Iraq (and a few other countries). There is no way to predict how long it will take. In a few of our recent blog posts, my associate Ruth Dickey looks at this same issue, but in our local office (Arlington). Good luck, Jason
Hello Jason, I just attended my first hearing today, the government attorney actually gave me bad feelings, and I wish to discuss with you.
First, when the judge asked the government attorney whether she would stick on my case for my individual hearing, the government attorney quickly took a look at my case and said she wouldn’t, and said that anyone of her coworkers could handle this case. This makes me feel that the government was very confident that any trial attorney is able to defeat me.
The second was because the government attorney asked my attorney to consider Convention Against Torture (CAT) for me, instead of asylum. I know the CAT only offers very limited benefits to those who cannot get asylum due to bars which don’t apply to me (like 1-year, felony, or persecution bars), so I think she was giving hints that I could lose the individual hearing.
Anyway, these are my interpretation from my experience from the first hearing, maybe I was just thinking too much, or maybe not. I hope I could hear some thoughts from you. Thanks again!
I don’t really agree with you. Discussions like that at the Master Hearing are – in my opinion – basically irrelevant because there will be a different Trial Attorney at the Individual Hearing, and they will have their own opinion of the case. Also, it is standard to include a CAT claim with any asylum claim, and if your lawyer did not do that, the Trial Attorney may have mentioned it to be helpful (though since I wasn’t there, I definitely cannot read her intentions). In any case, there is nothing you can do about any of this (except worry) and so you are better off forgetting about it and working to make your case as strong as possible. Good luck, Jason
dear jason
finally my lawyer called me and told me i got approved, thanx god for that, i applied for asylum feb 2013 but they didnt give me interview till 2 month befor, my lawyer sujested me to do law suit and i accept that after almost 2 weeks they sent me interview notice for july7th, after interview officer said they will mail my decision , i was waiting until today that my lawyer called me and said they sent him approval notice.
but my work permit is going to be expired and i already sent a chek for 380$ to uscis for renew my work permit, does any body know if they will charj me for work permit or not? i sent check to them yesterday..
If you sent the check, they will charge you. Anyway, congrats on the win, Jason
Hi Sara congrats on the win, where did you interviewed? I got my interview May 20 2015 and still waiting decision, they said will mail it to me.
hello sir I appled asylum on 13 feb 2015 in san Francisco
I come hera on visa and I no recievew letter for interview even now I m apply for work permit but can utell me hoe much they can take time to call for interview plz help me
sir plz reply
Hi Jason
Thank you for all your help and guidance. After reading your post I know that I have to change my address. With that said I have a few questions. Is that form the only doc I have to file?? Do I file one form for each person on my application ? Should does go on the same envelope? Where do I send it?? And after all that do you suggest to stop by my local asylum office to confirm that the change was done??
Thank you again!!
The form is the AR-11, and you should file it for the lead applicant. The form lists the address and you should also file it directly with the local asylum office – you can mail it or bring it to them personally. If you bring it, you can bring an extra copy that they will stamp, as proof that you filed the form.
Hi Jason,
I filed for asylum 4 months ago, and at the time my children were in Venezuela with my husband. I wrote their information in my asylum application but indicated they were not in the States. They have just arrived from Venezuela with a tourist visa and I wanted to know if there is a way I can add them to my already sent application. I would really appreciate your response. Thank you in advance.
Maria Victoria.
They can be added to your application. Contact the local asylum office and they will give you directions on how to add your family members. Take care, Jason
Hi Mr Jason
Really thankful for your help.I was waiting for decision after asylum interview, always online case status check, show my receipt number is invalid,but today when I checked there was status we receive your application for and we waived your fees for EAD.we sent you a letter about the process of your application. What does that mean I am waiting for my decision for asylum interview.but case status shows status of fees waived for employment authorization, please help thank you
Immy
You cannot check the status of an asylum cased on line. Probably, it means that you have filed for a work permit and the application is pending.
thanx for your help mr Jason
I got approval letter today,that fees waived was for two year EAd after approval free from uscis.very happy today and good luck to all.
Great news – Congratulations and good luck, Jason
Hay Jason I have a question about asylum and very thankful if you answer. I am from India. I have applied for asylum in May,2015 and finger print in June,2015. My father is in India and look after my wife and children. I am the only son of my father. My mother was died in 2009. I have no more brother or sister. My father is facing hard and want to see me because it is impossible for me to come back due to death threads. Please tell me can my father apply for visit visa and how much chances to get visa and it is better that my father tell the embassey that my case is pending and strong ties that no more male member is in India due which he will come back.
In general, if a person applies for asylum, it makes it more difficult for his family members to get a visitor visa. This is especially true for a spouse, but is probably also true for your father. Other types of visas he might apply for – for example, an H1B work visa – will probably not be affected by your asylum application. I do not think he can avoid telling them about your application, and maybe you want to talk to a lawyer who specializes in consular processing (visas) for more advice. Good luck, Jason
Thank you very much sir for early and perfect answer
Hi Mr. Jason
My name is Martin , Im asylum applicant first I received the receipt notice and fingerprints, 150 days sincd my case is being on pending and I send the application for the work permit they send me the receipt letter from the work application and thats is, my concerns is how long did they take in order to send you the response and processing time for the work permit? Also i went to the dmv to try to get my permit but after they scaned the documents for approval they denied me to get my permit , do you know why this happens?
I do not know about the DMV, as each state is different. For our clients, for the first EAD, it generally takes between 1 and 3 months to get the card. Once you have the EAD, it may be easier to get the driver’s license. Good luck, Jason
hello Jason. I had my interview on march 2014, got referred to the IG, the court sent me a notice to appear for master hearing on may 2014, I went on time but the judge told me there was an error on the computer system and that I was not supposed to come that day and asked me to go back until the court send me again a new notice.
I tried to call the EOIR number to know something about my case status, but they told me my A number is not in the system!!!
now I wanted to renew my work permit, I send all the papers like my first time, but I got denied, I still wait for the notice to know reasons.
I have 2 questions: what can I do with the court? I feel they lost my file!
and what about the renewal of work permit? I have to work I have 2 little kids!!
thanks
Sometimes, we do see problems like this with the court. If the 1-800-898-7180 number does not help you, you should call the court directly. Here is a link with the phone number: http://www.justice.gov/eoir/eoir-immigration-court-listing. It is not easy to reach a human being, but eventually you will and hopefully they can give you some info. You might also contact the asylum office that had your case, as they might have recalled it. Without some proof of an active case, I do not think you will be able to get a work permit. If nothing else works, you might need to hire a lawyer to assist you. Good luck, Jason
Hay Jason I have a question about asylum and very thankful if you answer. I am from India. I have applied for asylum in May,2015 and finger print in June,2015. My father is in India and look after my wife and children. I am the only son of my father. My mother was died in 2009. I have no more brother or sister. My father is facing hard and want to see me because it is impossible for me to come back due to death threads. Please tell me can my father apply for visit visa and how much chances to get visa and it is better that my father tell the embassey that my case is pending and strong ties that no more male member is in India due which he will come back.
Hi, i arrived to the US and applied for asylum two months later, i had my interview with the officer and he didnt approve,he forwarded the case to an immigration judge, i have not recevied the first motice to appear before the judge. My visa expired the 20th of may of this year but i already had my alien number months before my visa expires, so i guess i havent been in the country irregularly for a day. Heres the thing, the political climate back home has changed in my favor and i would like to thank the goverment and USCIS for their hospitality and return home, but i dont want to be denied entrance to the US In the future, is there a correct way to do this?
You probably need to ask the Judge for voluntary departure. This is easy to get, but first you need an appointment with the Judge, which sometimes takes a long time. In this case, a lawyer can probably help. That may be your best bet, especially if you hope to leave the US in the near future. Good luck, Jason
Hi jason just have a question for you. I have been granted withholding of removal in 2013 because i was found to be firmly resettled in South Africa. I have child who live Africa wgo who is really sick and needs my presence for doctor surgery. Do you think i can get travel permit and be able to come back without any problems?
I do not know how you can do that. Maybe you can apply for humanitarian parole (using form I-131) before you travel or maybe you can reopen your case with the court and get asylum (maybe there is more evidence now that you are not firmly resettled in South Africa). I recommend you consult a lawyer to go over the specifics of your case. Good luck, Jason
Thnks Jason. I will take your advice may be either one might work out for me hopefully.
Dear jason
Thank you very much for such a helping blog. My question is that I am from Bengladesh and according to my country law a man can allowed two wives at once. My first marriage was conducted in 1999 and second on 2008. In my first wife a have three children and from second wife I have two children. I was legeally seperated from second wife in october 2014 and now I am living with my first wife and all five children are with me. I am in the USA and seeking for asylum. Please tell me can I mentioned five children in the application and my second wife is not divorced only legealy seperated. Can it effect my asylum case and can I tell about my first wife.
I do not know. I think you will need to have a lawyer look at the law. Under US immigration law, a person can be deported for bigamy (marrying more than one person at the same time). However, I do not know how this affects asylum law, as I have never done such a case. My guess is that if you explain what happened, it will be alright, but you need to have a lawyer look into this before you file.
Would you know what year is the Chicago asylum office processing now?
They are interviewing cases filed in about June 2013.
Thank you . So if you are on legal status and you have been denied asylum do you lose your legal status ? And you are forced to be deported ?
If you are in legal status, and lose the asylum, you generally will just continue in the legal status until it ends. The asylum usually will not have any affect on your status. However, if you are not sure, you should talk to a lawyer, who can tell you about your specific case.
Dear Jason,
Thanks for all the efforts you have done to help and inform asylum seekers. I applied for Asylum in September 2014 in Miami. Would please tell me from what time period (month/year) they are interviewing now in Miami?
Many thanks in advance,
Ben
Miami is interviewing cases filed in about March 2013.
Hi Jason, I just read your reply to another post, where you said that the fingerprint is valid for only 15 months, so now I have a question. I did my fingerprint in June 2013 shortly after I filed the asylum case. In December 2013, which is more than 180 days later, I received my C8 EAD. I also successfully renewed my EAD after filing the application in September 2014, and received the new card in November. Back to September 2014, it was exactly the 15th month since I did the fingerprint. Now I’m almost going to renew the same C8 EAD again, and the fingerprint has expired this time. Will I receive a second fingerprint notice this time after I file the EAD renewal? If so, will this delay my renewal application? I could lose my job if there is a gap between the old and new EADs, and I’m worried about that. Hope you could help and answer my question, thanks a lot!!
You should receive a fingerprint notice each time you apply for an EAD; it is just part of the process. That said, there are delays in renewing EADs (see my latest posting from this week), and so you should apply as early as possible – 120 days before the old card expires. Good luck, Jason
my husband have two wives. we are from india. muslim laws allowed two wives at once. My husband is in usa and want to apply for asylum. can he mentioned the name of two wives and secondly if the case is approved two wives can get the benefit of dearative asylum
I believe that this is not permitted under US immigration, but I am not sure. Certainly, he would want to mention that he has two wives, as he cannot lie on the form (and if they learn that he is not telling the truth about his wives, it could cause the case to be denied). You really need to have a lawyer to help you with this, so the lawyer can research the law and make sure you are ok.
HI MR JASON
thanx for helping us here,need your help,i submit my asylum application in new york September 2013 after soon I got my finger prints notice,after I done my fingerprints I moved to Oklahoma,i got my interview notice in feb 2015 I done my interview march 2015,in may 2015 I again got fingerprints notice which I done on time,just afraid is that good sign or some thing wrong going on in my application,please waiting reply thanx
It sounds pretty normal. People often receive a second fingerprint appointment after the first fingerprinting expires (they are only valid for 15 months). I do not see this as a good or a bad sign. Good luck, Jason
Hi Mr. Jason,
thanks in advance for your great help, I have applied an asylum with my family on 19th of July, 2014 and we did biometrics two weeks after but I am still waiting for an interview notice, would you please do you have any clue what month and year USCIS are doining now.
thanks
It depends on the office where you filed. Houston, TX is fastest – they are interviewing cases filed in May 2014, and Los Angeles is slowest; they are interviewing cases filed in 2012.
Hi Mr.jason
I applied for the asylum in July,19th, 2014 and Biometrics has done but till today I didnt get the interview notice.
do you know how long it will take to get the interview notice?
please note I applied from North Carolina city.
Thanks
If you are in NC, your asylum office is Virginia. They are currently interviewing cases filed in August 2013, so you probably have some months to wait. Good luck, Jason
Hi,
This is a great website. I found a lot of information here. I mailed my asylum petition on my one year anniversary . Is there a way I can get a drivers license? The DMV office states does not want to issue a drivers license because the receipt indicates a date after my year in the U.S expired. I would really appreciate any information you can give me.
Thank you.
If the application was mailed on the one year anniversary, and you have evidence of that, it should be considered timely. Whether this will help with the DMV, I do not know, but take a look at pages 5 and 6 of this website: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CB4QFjAA&url=http%3A%2F%2Fwww.uscis.gov%2Fsites%2Fdefault%2Ffiles%2FUSCIS%2FHumanitarian%2FRefugees%2520%2526%2520Asylum%2FAsylum%2FAOBTC%2520Lesson%2520Plans%2FOne-Year-Filing-Deadline-31aug10.pdf&ei=2guVVaj5B8S1-AH7obTQCA&usg=AFQjCNFt1sldY9yj0nbD5WETcCNfHY03sg&sig2=ETnEjBDqyVQiRROXUgh-9A&bvm=bv.96952980,d.cWw.
Dear Jason. Thank you for your great help of providing these valuable information about the much delayed asylum process. I and my wife ,who were journalists in our home , fled the country because of credible fear of torture and persecution . We are lucky to be here with our two children who are 8 and 7 years old. We have applied for asylum, but what made us worried is the backlogs and the pending cases at every situations in the asylum office. Both of us have no job due to lack of EAD. We are staying in our friend’s house for more than five months with out any income. Now we are in critical situation . what can we do to expedite our application process? Imagine the psychological torture we are experiencing here in the U.S.A.
First, if you do work (illegally), it will not harm your asylum case. Second, you should be eligible to apply for the work permit soon – you can file for it 150 days after your asylum cases was received. Finally, it is very difficult to expedite a case, and most attempts do not work, but I have listed some ideas in a blog post dated February 26, 2015. Good luck, Jason
Hi Jason ,
I’m asylum applicant . My case have been pending for the last 4 years. Now I’m eligible to apply for TPS ( Nepal). I was out of status for few years before I applied for Asylum. So, basically that “one year” situation was violated. Is it still risky to travel even after getting advance parole and travel documents. I heard some ppl saying, it is not advisable to travel because there is a risk that I might be denied re entry. Does staying out of status for a long period of time before filing for asylum or being granted TPS might hurt me while comming back?
Will be really grateful if u can share ur expertise here
Thanks
If you have Advance Parole you should be allowed back, but there is a risk. You may not be able to board the plane back to the US or you may get detained when you arrive here and have to do your case in court. I am now sure how TPS will affect since you have been out of status for a while. There are many variables in a case like this and you would really need to speak with a lawyer about the specifics of your case before you travel. Good luck, Jason
Hi Jason,
I won the DV 2016 while my asylum application is pending. I 94 had expired at the time of application for asylum. It has been only one month since my application was received and three months since my i94 expired. Could anything good come out of the DV lottory in my case?
Thankyou
Maybe, but it would probably require you to leave the US and then re-enter, and if you have been out of status for more than 180 days, you will have a bar to re-entry. You really should talk to a lawyer about this – it would be worthwhile to talk to a lawyer because if you can take advantage of the DV lottery, it would probably be better than waiting forever for asylum. Good luck, Jason
Hi Jason- thank you for this blog it is of great help! I am a dependent on an asylum application and i want to apply for an EAD. I am currently under L1 visa. do think issuing an EAD will affect my L1 ?
thank you.
I don’t do much with L-1 visas, but my understanding is that the visa is dependent on your job. Whether you can work in another job with an EAD, I do not know. I do not see why it should matter, as long as you keep your L-1 job, but I am not sure. Maybe talk to the lawyer who helped you with the L-1, as I think you need to know that before you apply for the EAD. Good luck, Jason
thank you Jaso. one more question please, can I leave the country with my L1 and re-enter even if I have an ayslum application . will they deny me access if I have an asylum application on my way back .
It should be possible as a an L-1 is a dual intent visa and assuming the visa is still valid, but if the government thinks your plan is violate the conditions of the visa, they could deny you re-entry. You should talk to a lawyer about your specific situation to be sure.
Thank you . Would you know what year is the Chicago asylum office processing ?
They are interviewing cases filed in about May or June 2013.
Dear Jason
I really thank you for helping us.
Here is my question.
I submit my asylum document before 130 days in Arlington. As I see the new statistics there are many interviews that are rescheduled by applicants. For instance among 365 interviews scheduled in March 66 of them are rescheduled by applicants. I heard the USCIS can call others for interview with a short notice in substitute of them. my question is
1) Do you think it is a nice try?
2) What additional documents should I add in addition to i-589?
3) Is there any impact to my normal schedule, if I called by USCIS with a short notice and missed it.
Sincerely
Gerrard
You can try the short list if you want, but you must submit all your evidence before (or at the same time) as you put your name on the short list. If you choose not to take an interview if they call you from the short list, there is no penalty. My experience with the short list is that it is not so helpful, but there is no harm in trying it.
Hi Jason,
I would like to know if it is possible for the spouse of the Asylum applicant who is included in the application and witnessed the persecution against the applicant, to act as an interpreter at the Asylum interview?
Thank you in advance.
It is possible, I suppose, but it is a bad idea. It is much better to find someone who is not part of the case to act as an interpreter. The asylum officer will be more confident in the interpretation, which will be better for the case.
hi Jason, am an asylum seeker and right now i just appled for my first EAD and waiting on that. I want to attened a community college but the college is not sure if am eligible since i dont have any status. And also the work permit might take long time to arrive and i was thinking if i can get a F1 visa? and if i can, won’t that affect my asylum?
Thank you Jason God bless.
The college should accept the EAD and allow you to study (though some schools do not, and I have never found a written rule about this). If you are still here on a valid visa (for example, if you entered on a B-2 and it has not yet expired – usually it expires 6 months after you arrive), you can try to change to an F-1. But if your period of stay has expired, it will be very difficult to change to an F-1. If you have to leave the US and return, that will be VERY difficult. You probably need to speak to a lawyer to help you be sure that you can change status.
hi Jason,
I have a question regarding my TPS.
My attorney filed I821 and I765 in dec 2013. A few weeks later I got an EAD and an approval for the I765. However, I never received letter approving the I-821. Yesterday, I called the uscis line and they transferred me to an immigration officer who said that the application was approved and closed. However, as I mentioned, I never received an approval notice for the I821, and the online website says:
“Case Was Received At My Local Office
On July 29, 2014, we received your Form I-821, Application for Temporary Protected Status, Receipt Number *****, at your local office. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.”
Now, how do I know if the if it is pending or approved because this will determine whether I should re-register or not? I am thinking of re-registering anyway. Do you agree?
Thank You,
I think you should ask your attorney about this; I do not do a lot of TPS cases. If you are not confident in your attorney, you should find a new attorney. Good luck, Jason
Thank you very much. I discussed with my attorney and decided to refile. However, we both agree that this situation is truly bizarre. I am hoping that no harm will come out of re-registering even if my initial case is pending ..
The immigration processing machinery in the US is complicated .. Thank you so again for your help
I doubt there will be any harm, but they may reject the second filing if they already have received it. You might also want to file a FOIA (Freedom of Information Act request). That is what we did, and we received proof that the case was filed.
hey jason , i am renewing my ead , do i have to include biometrics fees (85$) with the application fee or no ? do they make you do biometrics again including that i did mine last march ?
I believe the fee for an asylum EAD renewal is $380. Double check the USCIS website to be sure.
yup , but do you do a new biometrics for renewal or no ? i did mine for i589 in march 2014. thank you alot
When you renew the EAD, you do get a biometrics appointment before the card is issued.
Hi Jason. Thank you for all the information you provide to us. I have a question regarding where to file for asylum. I live in Nebraska, but I would like to be interviewed in Arizona or Texas since I heard it is quick to get an interview date there. Is it possible to be interviewed in Arizona If I live in Nebraska? How would my case need to be filed?
Thank you.
You have to give the asylum office your address and they assign you to an office; you do not get to choose. Of course, you can choose to live anywhere you want, so you can live in an area that interviews in Texas (which is the fastest office right now). You can Google “asylum office locator” and then look up your zip code to know which office will interview you. Be careful, though, as the fastest office (Texas) does not necessarily have the highest approval level.
Hi, Jason how long does it take to get you work permit, once you applied for a EAD. I. on apending asylum l.Thank You Sir.
If it is your first EAD, it usually takes 1-3 months. There have been delays for renewing EADs, and it can take over 4 months. For renewals, you can file 120 days before the current card expires, and I recommend that you do that.
hi jason 1st after i applied for my first EAD, i got a mail which says my work permit is processing then i got another notice which says my work permit is approved its just a notice that says my EAD is approved i didnt get any Card or anything with it so im just worried that they might didn’t send it or does it come after the approval notice or is this the actual EAD?
Thanks God bless
It often takes a few weeks from the approval to the actual card. If you have not received it, you can try calling the 1-800 number on the receipt. Maybe, just maybe, they can help.
http://www.uscis.gov/sites/default/files/USCIS/Outreach/PED-2015-01-03-NGO-Asylum-Stats.pdf
recent uscis statisitcs
http://www.visalaw.com/ins-issues-peak-at-asylum-application-statistics/
statisitics for oct, 1997. just dug out of some online links. Backlog is a part of uscis working habit.
Hi Jason- as a dependent( wife ) of an asylum applicant, would I be eligible for a work permit if the application processing is still pending and it has been more than 180 days ? thanks
Yes – as long as you were included in the case (meaning, you signed page 9 of the form I-589 and included your passport photo).
Hi Jason,
I’ve successfully been able to add my name onto the pending asylum application of my husband.
His application has been pending for more than a year (since June 2014). He is eligible for an EAD of course.
I am also eligible for an EAD immediately or does my 180 days period constitute a separate clock?. And if so should I apply under the same category (c)(8) for question 16 of the I-765 form ?
.
P.S: It was not possible to add a signature to the asylum application at this point since it has been filed last year. however passport photos and and personal photos were collected by out attorney and sent in. (mind you that our attorney specializes in asylum cases). However he didn’t point out any distinctions and he said that I should able to obtain and EAD as well.
Thanks.
Our clients who were added to the asylum case were able to obtain the EAD immediately. It should be under the same category for the principal applicant and the dependents. Take care, Jason
Hi Jason,
Thank you for all your help. I would like to ask you a question as well. I have been in US for the past 4 years and have only now decided to seek asylum. I was in the legal status all the time. I have 3 months left on my OPT.
1. How chances of positive outcome change when simply not applying within 1 year deadline? As I said, I maintained my status and had no reason to fear the return as long as I am in US.
2. How likely a new application to be selected for a normal processing time and not being sent wait in backlog?
Thanks,
Igor
You will go to the backlog if you file now, as everyone goes to the backlog. If you are still in status, it is generally considered an excuse to file outside the one-year filing period for asylum. You should talk to a lawyer about your specific situation just to be safe – the one year bar is a big problem for some people and you need to be careful about that.