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
Dear Jason,
My husband expedited his case and today he received a letter saying “Your case has been added to our list of cases to be expedited. We will contact you with an interview date as one becomes available.” What does it mean?
Waiting for your reply.
It means they have agreed to expedite the case, but it may take some time to get to his interview. In Virginia, the wait after such a letter is maybe 3 months, but it could be shorter or longer. Take care, Jason
Hi jeson
I applied for EAD renewals on may 22 and it’s still shows case is received. My question is i m planning to move in other state so if I change my add so they gonna send me my EAD on new add or old?? If I change my add so waiting time is more to get my EAD??
Thank you
If you move, you can change your address for the asylum case and for the EAD case (make the change for both cases) using form AR-11, available at http://www.uscis.gov. This should cause your EAD to be sent to the new address. Usually it works, but sometimes, USCIS does not properly update the change. Take care, Jason
Thank you for reply..
Hi Jason,
You are really awesome . Your advise has helped so many of us on this blog . God bless you real good.
Please i have a concern , currently i have EAD sometimes January this year , I live in Charlotte which is my permanent address but i got a temporary job opportunity in new Jersey. If i should go to New jersey now , would that have any negative impact on my case . Although the Job is just for 3 months .
Please advise and let me know what I should do
If you go to NJ for 3 months and keep your Charlotte address, and then return there, you should be fine and it should have no effect on your case. Take care, Jason
Hi Jason, I have my first hearing in immigration court with the judge in New York, but I had a temporary job in Seattle that I have been working for 1 year, and I always keep my address in New York, my question is: can your refused me the asylum for that? or I must explain to the judge, Thank you for answering me
From my own experience, do not miss at all the first hearing unless you are in the process of transferring your case to Seatlle.. You are going to complicate your case.. And my experience was even in Obama era.. So for whatever reasons if you miss that hearing, the benefits from your asylum application will be denied to you.. Your job today is nothing compared to the struggle you may have due to difficulties on your immigration case.. You can have always better jobs here provided that you are legal…If you lose the benefits attached to your asylum case, can you keep working?? It is just a no brainer…
Good advice. If you miss the Master Calendar Hearing, the judge will order you deported, so it is a good idea to attend. Take care, Jason
A one-year job does not sound very temporary, and the judge may want to transfer your case to Seattle. I think as long as you can explain the situation, this would not be a reason to deny the case, but if the judge thinks you are lying about your address, she might think you are lying about other parts of the case too, so you need to be careful. Take care, Jason
Hi Jason,
I am thankful for your time. I have 3 Qs.
1. Changing address – but living in same city, not changing asylum office. Would i need to notify UCIS about this change, will this affect on my case.
2. I have a letter from immigration office telling that i am not eligible for social security (as i am currently on f1 visa), with that should I apply drivers license, or I should wait for EAD, applied a month ago. Would this (applying drivers license with this paper) will affect negatively or cause any issue in future.
3. I am on f1 visa (my wife on f2) and applied for asylum few months back. Should I continue keeping F1 with me even after completing my degree by getting admission to some other school. Would it be helpful in case i loose my case.
1 – Yes, you must notify them within 10 days using form AR-11, available at http://www.uscis.gov. It has no effect on your case. 2 – I do not know about driver’s licenses, but if you apply and they say no, there is no harm to your asylum case. You might try, as sometimes people get the license (especially if you are still “in status” on the F-1), but normally, they have to wait for the EAD. 3 – Whether you stay on the F-1 or not is up to you, and it should not affect the outcome of your case. It only affects if the case is denied. If it is denied and you are on a valid F-1, they will send you a letter explaining why they want to deny and giving you 16 days to respond and convince them to change their mind. If the do not change their mind, they will deny the case and you will continue being here lawfully as an F-1 student. If you stop being an F-1 student and they deny the case, you will go to Immigration Court, where you can present your case again to a judge, who will either give you asylum or order you deported. Take care, Jason
Hi!
Does my homeland government or anyone else there can know about my asylum case?
Not at all.. No one can get to know about your case at all… But the US governmernt tries basically to check by general means, countries reports, their embassy if your asylum case has some basis. Neither your country government or someone else need to know about your case specifically..
The US government keeps such information confidential, and it would be illegal for them to share such info with your home country. Take care, Jason
Hi Jason, My question is if some one is a bending asylum case and left the country if he come back one day can he reopen the same case again or he has to start it all over again I mean file for new case.
Appreciate your help and consideration
It depends – normally, if a person leaves and wants to return to continue their case, they need Advance Parole (form I-131, available at http://www.uscis.gov). Otherwise, if they leave without AP, they are presumed to have abandoned the case, and if they can get back here, they would have to file a new case. There may be exceptions to this, and so if you leave and return, talk to a lawyer about the specifics of your case to be sure. Take care, Jason
Hello Jason,
I am writing desperately because of this situation. I am from Venezuela and filed for political asylum in Atlanta, GA. My husband has dual citizenship and he had overstayed his three months (esta) stay. I filed for asylum and we went to the fingerprint appointment, we were fingerprinted and left. We returned to inquire about the i-94 in the system which we couldn’t find, and the officer noticed his other passport. He was then detained and was told since he had dual citizenship he did not qualify for asylum, even though he is included as my husband in my asylum case. What can I do? Is what the officer did legal? My husband is currently still detained. Please help! I am talking to attorneys in the area but I really trust your opinion.
If you are the main applicant in the asylum case and he is the dependent, it should not matter if he is a dual citizen – he can still be granted asylum if you are granted. However, if he was not a dependent in your asylum case (meaning that you including a page 9 of the I-589 with his photo and signature along with your case, and he was fingerprinted too), then he is not here legally, and they can detain him. Unfortunately, Atlanta is one of the most difficult places in the US for immigration. You will need to get help from a lawyer to see what can be done. Good luck, and please let us know what happens. Take care, Jason
@asylumist Hello Jasson, can i ask you question?Me and my husband are asylee here, he is working but still his incom can not cover our expenses and i can not work because i have a baby so do you think it is legal for us to apply for a public cash assistance Or a day care financial assistance that helps my find work , i am afraid to have some problems when we want to apply for naturalization and citizenship
My baby is American so do you think it’s betty to apply for him only
I do not think this would harm you if you get public benefits as an asylee, but I am not sure. I recommend you contact the local Catholic Charities office in your city (Google “Catholic Charities” + your city). They help all immigrants and they usually know something about public benefits, and so maybe they can advise you. Take care, Jason
Hello Jason,
Thank you for your all support and assistance.
I had lodged renewal of work permit on 24 April , 2017 for the cause pending asylum January ,2015. The status cases has still been pending. Recognizing this, I called to customer services and talked to the officer. The office explained me that it is in process and he said that I can renew my driving license based on 180 automatic renewal advantages of my existing EAD. My worried that I got a new professional job offer from the Company but they need the renewal EAD. I explained also this situation to officer and he explained me that it is going to be worked based on in order ..but still the case still pending.
My question for you : do you experiance such delay for more than 4 months for renewal of EAD ?
Thank again and looking forward to hearing your advice
It took me 4.5 months for EAD Renewal, but my wife got her in 3 months….
I am hearing about many people (people on this blog and my clients) who filed in April and who do not yet have the new EAD. I did a post on January 25, 2017 that contains links to the law about the automatic extension. Maybe that would help with the new employer, so they understand that you are eligible to work. Take care, Jason
Hi Jason!!
You say that it’s safe to fly with EAD and Panding Asylum case. What about know?? Is it still safe or not really?
I don’t have any crime, speed tickets and etc. only parking tickets)
Not Jason, but I flew on an expired EAD plus the EAD extension letter (Notice of Action) from DHS just last weekend with no issues. This was within the United States. It was my own personal experience, though, so I can’t guarantee anything.
Thanks fo answer!
I have not heard about anyone (who is not a criminal and has no deportation order) having trouble flying domestically if their status here is asylum pending. So I think it is safe. Take care, Jason
Hello jason, hope you are doing well! Just stumbled over to your page and questions/answers while searching for some answers. My husband is detained right now waiting for a decision for his credible fear interview, but they transferred him again yesterday and we don’t know why! Is it normal? He was arrested at the border trying to cross over and was detained. Our lawyer said that it’s normal, but I just wanna hear a second opinion! He didn’t even present him during the interview. Thank you and hope to hear from you soon!
He was transferred before and finally they conducted the interview and we were relieved, thought all we gotta do now is to wait for the ice officer decision:(
In the past, once a person had a lawyer, we did not see the government transferring the person to a new jail, as it is very unfair – the further away it is, the more difficult and expensive it is for the lawyer to appear in court and represent the person. These days, we do see the government transfer people around, and – especially if the lawyer had not yet submitted his/her entry of appearance – moving a person to a new detention facility is normal. Take care, Jason
Hi Janson
Thank you for your support on this matter.
I applied for work permit and uscis recieved it on 05/08/2017. However; the online status stills shows as ‘ the case was recieved’. It has been almost 4 month. Do you think this is common? And what you advise me?
Thanks
Unfortunately, it is common. You can call USCIS – the number can be found on the website http://www.uscis.gov, but it seems that all the work permit cases are delayed and I think you will just need to wait. Take care, Jason
Hi Jason!
Didnt get any replie from you..
I entered the u.s on may 2016 and applied for asylum on may 2017.. Did the fingerprints and still waiting for the interview.
Minwhile im dating a girl ( u.s citizen) and we about to get married soon.
My question is if we’ll get marrie and I’ll get the green card through marriage, would I go back to my country without expect any problems on my way back to the u.s?
I’m asking that because I want to do a ceremony in my country with my family.
I think there is some risk if you do this. If the US government thinks that your asylum case was fake (because you returned to your country), it could result in them trying to deport you. Things are getting tough now, and I would not be surprised if the return trip created problems. But if you could explain how you were able to travel safely, you might be alright. I recommend you talk to a lawyer about the specifics of the case to try to protect yourself. Take care, Jason
Hi Jason!
I entered the u.s on may 2016 and applied for asylum on may 2017.. Did the fingerprints and still waiting for the interview.
Minwhile im dating a girl ( u.s citizen) and we about to get married soon.
My question is if we’ll get marrie and I’ll get the green card through marriage, would I go back to my country without expect any problems on my way back to the u.s?
I’m asking that because I want to do a ceremony in my country with my family.
Hello Jason, I am repeating my questions here again as I could not locate your answers.
Really thank you for helping people out.
Here is my case: I applied for asylum in 2015. Then after the 150 fays I applied for an EAD under (c)8 category which I got and it expired on 3/18/17.. In the meantime I had been granted ” Prosecutorial Discretions” (Witholding og DEportation (a)10. on August 16 2016. On May 16 2017 I sent a new application of EAD under (a)10.. All the processes were sent to me fingerprints and so forth till now.. So Monday August 28 I put up a notice as my EAD app has passed 90 days.. I am still waiting for an answer.. Should I worry about not being able to get a new EAD?
REPLY
Jason Dzubow September 1, 2017 at 6:22 am
I answered this when you posted it before. If you did not get that, let me know. Thank you, Jason
REPLY
Omar September 1, 2017 at 7:02 am
Hey Jason,
I tried locating your answer but I could not find it in the previous comments…
I think you will have to wait and see. Everyone’s EADs are slow now, and so it is not at all surprising that a renewal filed in May has not yet been adjudicated. Things are changing at USCIS and it may be that they will try to deny EADs based on Prosecutorial Discretion. Hopefully that will not be the general trend, and it seems to me that there is a basis to fight against that. Anyway, let’s just hope you get the new EAD. If you do (or do not), please let us know. Thank you, Jason
Thanks Jason.. I will cross my fingers then.. We have just to accept that there is new era now in the US: not necessarily the one based on hope and inclusion…
Hi Jason!
I entered the u.s on may 2016 and applied for asylum on may 2017.. Did the fingerprints and still waiting for the interview.
Minwhile im dating a girl ( u.s citizen) and we about to get married soon.
My question is if we’ll get marrie and I’ll get the green card through marriage, would I go back to my country without expect any problems on my way back to the u.s?
I’m asking that because I want to do a ceremony in my country with my family.
I think there is some risk if you do this. If the US government thinks that your asylum case was fake (because you returned to your country), it could result in them trying to deport you. Things are getting tough now, and I would not be surprised if the return trip created problems. But if you could explain how you were able to travel safely, you might be alright. I recommend you talk to a lawyer about the specifics of the case to try to protect yourself. Take care, Jason
Hey Jason,
Thank you for considering these questions at no charge.
My asylum case was referred to an immigration judge, and my hearing is on January next year. I do have a valid EAD, driver’s license, and have been keeping USCIS current on my address, fingerprints etc.
ICE, however, imposed an GPS ankle monitor as an alternative for detention. They assigned a third party organization, where i need to report once in two weeks. This organization (ISAP) calls me 4am in the morning to check on me and shows up without noice. I’ve been at the same address for about 4 years and been consistent immigration procedures. I’ve been paying taxes, government fees whatsoever. There was absolutely no need fore this.
They turn my life into hell. I also lost my job after they imposed the monitor.
My pro bono lawyer is not helpful at all. She threw a hissy fit on me when i tried to discuss over the phone. Weird.
What right do I have in this case, if any? Please advise Jason.
Thank you.
Which state is it , is it Arizona , ??
This is another example of the government purposefully trying to make life miserable for asylum seekers and immigrants. Unless the US government (not ISAP) agrees to remove the bracelet, I think there is nothing to be done. Maybe you could ask ICE or raise the issue with the DHS attorney or the Immigration Judge, but my guess is that they will not be responsive. Hopefully, once ISAP has a history of compliance, they will make the burden on you less difficult. We have seen that pattern before, and hopefully it will be true for you as well. Finally, if the PB attorney is not helping you, you might consider looking for another attorney. This is very difficult, especially since your lawyer is free, but if you have lost confidence in her, even a free lawyer is not useful. Take care, Jason
Thank you Jason.
They did tell me they’ll reconsider the monitor if I comply for a month or two. Though I am not sure on the necessity of this program for people who’ve been consistent in their immigration procedures, payments, taxes etc. I’ve been at this address for over 5 years, it took really long for my interview to be considered by the asylum officer, and I always kept them in the loop.
It’s an inhumane program, particularly, towards non-criminal, educated immigrants.
They told me you either put this on or go to jail with actual criminals. Terrible. I don’t know what to do.
I agree that the program is terrible and the private companies that monitor people are also awful, and they make lots of money from the program. On the other had, it is better than being in jail. Hopefully, if you comply for a few months, they will ease the restrictions. Keep us posted. Thank you, Jason
Hi Jason,I applied my GC based on asylum about 20 days ago but recieved no notification or confirmation letter…is that normal or not? How much time could that take?
It usually takes less than a month, so hopefully, you will receive it soon. Everything is slowing down these days, so waiting 20 days is not so unusual. You may want to double check that you mailed it to the correct address, and if you used post-office tracking, whether it was received. Take care, Jason
If i am in US based on pending asylum case (without F/H/L status) and my family based petition(i130) gets approved and PD gets current, can i file i485. Is pending asylum a valid legal status to file Adjustment of Status (i485)? Based on asylum delays,i suspect my family petition may go thru first.
In general, if the only status you have is asylum pending, you cannot adjust status unless it is based on marriage to a US citizen, or if a US-citizen child filed the I-130 for you, or if you are under 21 and your US-citizen parent filed for you. Otherwise, you probably cannot get your GC without leaving the US. There are exceptions to this rule, so talk to a lawyer about the specifics of your case to be sure. Take care, Jason
Hi Jason ,
I got update from USCIS for my EAD after 3 and half months as below .
On August 24, 2017, we ordered your new card for Receipt Number SRCxxxxxxxxx, and will mail it to the address you gave us .
How long it takes to reach me to get my Driver ID and Car registration .
Thanks Jason .
Hi Rajesh,
When did you apply for EAD and which office? Thanks
Hi Beke ,
My attorney applied on 5/8/2017 and SRC means texas service center .
You would have to go to the DMV to apply for your driver’s license. I imagine you should get it the same day or pretty quickly thereafter. As for car registration, I do not know about that. Take care, Jason
Hello Jason, is it possible for an asylum applicant to get a driver’s license when the case is still pending?
Yes, but it varies by state. In most states, you need the EAD to get your license. Take care, Jason
Hello Jason. Thank you for this blog. I’m from Iraq and I spent three years in the Netherlands on visa before coming to the U.S last year and applying for asylum here. One paralegal friend suggested that the time I spent between leaving Iraq and applying for asylum in the states might be very problematic. This time was 3 years spent in Holland and few months in the U.S. Unlike many people I don’t have reasons to justify this. I do not have family in the U.S and the language is not a problem (I speak Dutch too). I came to the U.S because of the opportunities here. Could this gap in time constitute a basis for refusal? what is the best way to justify it? If I say I didn’t fear deportation to Iraq when I lived in the Netherlands because I was legal resident.Is that enough?
Also I do not have any evidence of the threats in Iraq. I do however have evidence of political engagement (conferences attended, Emails with international organizations, photos, etc). Please advice me because I’m very confused. Do you take cases from California?
Asylum is protection from your home country. If you don’t fear deportation to your home country (which according to you is the case) then you don’t need asylum. Being politically active does not entitle you to asylum. You must have suffered from your activism, and you need to prove that with evidence to win asylum. If you just want to immigrate here for the opportunities (which according to you is also the case) you should apply for a work-based greencard and not add to the asylum backlog. You’ll be wasting both your time and the governemts time and peny. Its also not fair towards other asylum seekers, or the taxpayer even.
If you did not return from Europe to Iraq, the time spent there will not block you from getting asylum (if you did return to Iraq, that is another story). You certainly can be asked why you did not seek asylum in Europe, and you should have an answer – including evidence to back it up. If you do not have a good reason, potentially you could be denied asylum as a matter of discretion. As for the evidence, it sounds like you have good evidence of your activities, but no evidence of threats. You can get letters from people who know about the threats, or maybe letters from people who were similar to you who also received threats. You can also get country condition information showing that people like you (politically engaged) are threatened and harmed, and that the government cannot protect you. As for me, I can do a case from CA, though sometimes it is easier to use a local lawyer; it is up to you. Take care, Jason
Thank you Jason for the response. Just to clarify for you and Thomas: – I did not feel deportation at that particular point of time because I was on Visa not because I did not have fear of returning to Iraq. Also I did not return from Europe to Iraq so that is good I guess.
What do you mean by saying: “potentially you could be denied asylum as a matter of discretion”? coming to the U.S and not seeking asylum in Europe was a personal option. If my case will be refused because of the time I spent in Europe, I might cancel my case and ask to be sent back to the Netherlands where I was and apply for asylum there. I do not know what a good reason might be. I do not have family in the U.S and the language was not a problem.
If you qualify for asylum, the government weighs the good and bad about you, and if the good is more (and usually it is, unless you have a criminal conviction), then you get asylum. Living in the Netherlands and not seeking asylum there will be put on the “bad” side, but your fear of persecution is on the “good” side, and so likely, you would get a favorable exercise of discretion; it is just not guaranteed. As for the reason you came here, there must be some reason you are choosing the US over Europe, and you would need to explain that. Take care, Jason
Hello Mr Jason. The asylum officer asked my friend in the interview about why he doesn’t go back to Afghanistan and conceal his sexual orientation and pretend to be straight. He said that not all gays are in dangerous in Afghanistan. I have similar case and I’m expecting this question. I do not know what could be the best response in this case. also is this question is a bad sign that the case might be refused?. Thank you.
It seems like a stupid question. You can also conceal your political opinion or your religion, but that is not the standard for asylum. This would be an incorrect basis upon which to deny an asylum case (unless there are other factors which cause the denial). I think you can submit evidence of how gay people are treated in Afghanistan. Also, you would have to explain why you could not conceal your sexual orientation for the rest of your life. For example, maybe you will have a relationship with a same sex partner. If people know about this, you will be in danger. Take care, Jason
Hi,
I have applied my Asylum case in Aug 2017 at California and with in one month I have received a finger print- for me,wife and my 10 year old daughter. They have gave given me a short time@ 7 days. As currently I am in Chicago for some work.. Is it possible to make a request for finger print at local Chicago immigration office instead of California or I have to visit California for finger print.
Fingerprint procedures have very recently changed. Previously, you could go to any Application Support Center (a link about that is at right) to get them done, but since the procedures changed, I do not know if that is still possible. Anyway, you can try. Let us know what happens if you try. Thank you, Jason
Does anyone know when will they update the Asylum Office Scheduling Bulletin? I am interested in the Chicago office. Which month are they interviewing? Is it moving as fast as in the last 3 months?
Thanks in advance.
They seem to update this unpredictably, so it is not possible to know. You have to keep checking back. Take care, Jason
Dear Jason,
I want to apply for advance parole to see my family in a third country. I haven’t seen my daughter for 2,5 years. What documents do I need to fill in in order to get an approval? Is it easy to get an Advance Parole or no? And also what’s the fee for it?
Thanks in advance.
You have to check the instructions to the form I-131, available at http://www.uscis.gov. That tells you what is needed, and the fee. Also, if you have a pending asylum case, you will need to give a “humanitarian” reason for the travel. That could be a health problem (get a letter from the doctor) or some other problem. She and you could also write letters about the family separation, and that might be enough, but you need to include some reason why you want to travel and it must be “humanitarian.” Take care, Jason
Hi, jason i submited my asylum application on 02/22/2017 and i have received a receipt of my application but no biometrics screening
I have checked my mailbox every day , i even applied for EAD after 150 days and recieved the reciept of my application, so far there has been no notification that i missed anything should i be concerned?
It sounds like you received everything so far. You can check the Asylum Office Scheduling Bulletin (a link is at right) to get some idea of when the interview might be. Take care, Jason
Hello Jason, I’m a journalist from Iraq and I filed for asylum few months ago. Our headquarter was attacked by some militias who used RPGs and burned the building also some of my colleagues were kidnapped. all the events are reported by media, human rights organizations. all evidences with photos and videos and news reports. So I have a very very strong case with undeniable evidences of imminent threats. However there is a fact that I did not add to my case which is I’m gay. This because I did not think it was important factor. Now I heard some gays from the middle east are granted asylum just because they are gay so it might be important to add this. Do you think I should add this to my asylum application if I tell you that I did not face persecution in Iraq because I concealed my self but now I want to live open with my sexuality ?or maybe I should wait till the result of my asylum? Also what are the evidence they require to proof you are gay?
I think you should add this to your case. It could potentially come out at a later time (if you are asked by the asylum officer, for example) and then they might wonder why you did not include this claim in the first place. You can supplement your asylum submission prior to the interview, and so you can include a short statement about your sexual orientation, that you did not include it previously because you had not been harmed, but that you learned it is a basis for asylum and you wanted to add it to your case, since now you are out. You can get letters from people who know you as evidence of sexual orientation, or if you are a member of any LGBT organizations, maybe they can give you a letter. I would not make this a centerpiece of your case, given what you said, but it sounds like it should be included. Take care, Jason
I think you should add this to the case. It could potentially come out at a later time (if you are asked by the asylum officer, for example) and then they might wonder why you did not include this claim in the first place. You can supplement your asylum submission prior to the interview, and so you can include a short statement about your sexual orientation, that you did not include it previously because you had not been harmed, but that you learned it is a basis for asylum and you wanted to add it to your case, since now you are out. You can get letters from people who know you as evidence of sexual orientation, or if you are a member of any LGBT organizations, maybe they can give you a letter. I would not make this a centerpiece of your case, given what you said, but it sounds like it should be included. Take care, Jason
Hi Jason i hope you are doing fine . We can’t thank you enough for all the articles and hard work answering the question .
If i’m bending asylum case and waiting for the interview since Nov 2016 in NYand give up and want to leave . My question is i’ve my sister and she is a US sitizen can i file for family petition to get the green card through her is my asylum case may affect that . I know it is going to take many years but better than nothing.
Thank you for everything
Your sister can file for you; it has no effect on your asylum case (and your asylum case has no effect on your sister’s petition). It does take many years – maybe 12 or 14 years, but it could be longer depending on your home country. Take care, Jason
Dear Jason,
Thanks a lot for responding my previous question!
I have another one which keeps me bothering. Please help me out with your valuable suggestion.
My husband is awaiting AP (post interview) and the recent case status says that the file has moved to a new office. What does that mean? will it take more time? (it has been already 4 months now) DO they dent AP?
Another question, he went to the US on a BI, with a stay of 6 months only. He applied for asylum within the first year. Now, since he had only 6months permission to stay, will they consider his extra days of stay unlawful (the time after his 6month expired till the receipt of asylum application receipt by the USCIS). If it is an unlawful stay, will the DHS deny admission even with an AP? how does the bar of unlawful stay apply to the asylum applicants?
I know I have a bunch of questions, but as always, I believe you will be kind to answer them in detail.
Thanks!!
dent*/ DENY
USCIS moves files around – it really does not mean anything as far as I can tell. It sounds like he may have some “unlawful presence” (the time between the expiration of his B-1 and the date his asylum was submitted), but that will not block him from AP. The unlawful presence bar only affects if the person has been here unlawfully for 6 months or more, and it sounds like he was unlawful for less than 6 months. Anyway, even if the bar applies, he should still be able to travel on AP, though he might want to talk to an attorney first about his situation to be safe. Take care, Jason
Dear Jason, thank you for this blog. I hope you can respond to all my points because they are very connected to each other.I worked for the UK government until 2012 when I left Baghdad after a kidnapping incident. I stayed in Jordan few months and then I found a job in Dubai so I remained in Dubai till now.
1-I don’t have any proofs of the incident that happened in Iraq except some Emails like a resignation I sent from Jordan and an Email to former supervisor where I say that I had to leave Baghdad suddenly without notice. I have not mentioned or reported the incident for the safety of my family in Iraq.
2- Since I started working in Dubai I traveled to Europe (UK, Spain, France, Italy) for business or/and training, I didn’t however claim asylum in Europe.
Now do you think the fact that I didn’t report the incident, worked in Dubai and traveled to Europe and didn’t seek asylum could jeopardize my asylum claim in the states? one last fact I never returned to Iraq since the incident in 2012.
I think none of the factors you mention blocks you from asylum in the US, but you will need to explain the absence of evidence (but you can probably get letters from people who know about the incident, and also you have evidence of your job in Iraq, which makes you a target). You will also need to explain why you did not seek asylum in Europe, but normally, for people in Dubai, they can say that they planned to stay in Dubai, but maybe now you lost your job or cannot stay in Dubai, so you have decided to seek asylum in the US. Also, you might say that you do not speak the languages in Europe (if you don’t speak them) or that you have no family there, and so you chose the US. When you apply for asylum, I recommend you talk to a lawyer to help with these issues, but I do not think they will block you. Take care, Jason
Hello Jason,
My husband has a pending asylum case from 2016. He wants to travel to a third country to see his family. Could you tell me the risks of getting advance parole? Were there any cases that a person with advance parole couldn’t enter back to the U.S? Will he be under a risk if he leaves with advance parole?
Thanks in advance.
If he gets AP and travels to a third country, he should be able to return to the US and continue his asylum case here. I have not heard of examples of people being denied entry into the US (though if he has a criminal record or a prior deportation order, he could have trouble returning, even with AP). He will have to travel using his passport (from the country of feared persecution) and he may need to explain why he did this, but I doubt that would be a problem – he has no other document to use for travel and he wanted to see his family. Take care, Jason
Hello anyone had ab interview recently in Los Angeles office ?
Can you share your timeline ?
Hi Jason,
I filled my asylum January 2015. There is no clue when will be my interview. Do u advise me to request expedition ? I applied VA Arlington and in the web I saw they stuck on June 2014 applicants.
Please help my kids are back home suffering.
Thanks
You can request an expedited interview based on family separation. I wrote a posting about this on March 30, 2017, and maybe that would help. Take care, Jason
Hello Jason,
I am going to apply for Asylum based Green card..how much time does it take to receive GC?
regards
Things have slowed down a bit recently, so I would expect it to take maybe 9 months, plus or minus a few months, but the time frame is always changing, so it is difficult to predict. Take care, Jason
Thanks Jason
hi Jason,
Thanks for your all valuable support ,
I have Q , I am here on pending asylum since 1 year, and my wife and my son 6 years in India, I got EAD and start working, now Q is that, can my US Citizen brother can file my Green card on blood relationship, is green card application effect on my Asylum case, kindly advise asap,
Thanks & Regards
Your brother can file for you, but the waiting time is about 12 or 14 years, so it is not very helpful (you can see the wait time if you Google “DOS visa bulletin”). Take care, Jason
Hi Jason,
Thanks 4 your valuable feed back,
But the same time both case run and which one get clear first I am on safe side, and as per my knowledge in California waiting time is approx. 5/6 years,
but the main Q is that , its harmful for my asylum case??
Hope you understand my Q
Thanks
I do not know your case, but in general, a petition filed by a relative should have no effect on a pending asylum case. Take care, Jason
My attorney filed on 5/8/2017 for initial asylum EAD .
My attorney raised a SR and got email as below :
We have received your service request and researched the status of your case. We have had to perform additional review and this has caused a delay in processing time. Your case is currently with an adjudicating officer. You should receive a decision or notice of further action within 60 days.
I do not think this is a big worry (at least it is usually not). Most EADs take 2 to 4 months, so hopefully, you will receive it soon. Take care, Jason
Hi Jason,
I am an Asylee with pending decision and have applied for my EAD on May 15th 2017 which I haven’t received yet , though my license and passport has been expired so I was wondering if I can get them renewed and on what grounds ? Also I have visited DMV for the license renewal with the EAD receipt received but got denied for the same , please suggest the way forward, many thanks !!
I think you have to wait for the EAD to extend your license, but different states have different rules, so I do not know for sure. As for the passport, it is better not to renew. The asylum officer may wonder why you renewed a passport from a country where you fear persecution (this is more of a problem if you fear government persecution, as opposed to fearing a terrorist group). If you do renew the passport, you should be prepared to explain this (which is usually not such a problem, but it depends on the case). Take care, Jason
Dear JASON, I applied for my first work permit on June 16th 2017, I checked online to see this “On August 9, 2017, we transferred your Form I-765, Application for Employment Authorization, to another USCIS office.” What does that mean? How long could it take after this? What can I do to get it faster?
2.Is there a way I can expedite my work permit? Its been two months since I applied and I am in dier need of it. The customer service person asked to put through an expedition request but I didnt know wether I should let her as my case in financial,should I?. I have received a letter that says they have got the application but the number they offered is only computer automated. What steps should I take to expedite
I answered this when you posted it before – please see that response. Take care, Jason
Dear Jason, another question is I applied for my first work permit on June 16th 2017, I checked online to see this “On August 9, 2017, we transferred your Form I-765, Application for Employment Authorization, to another USCIS office.” What does that mean? How long could it take after this? What can I do to get it faster?
It is normal for USCIS to transfer EAD applications around to different offices. We are seeing such cases take 2 to 4 months. I suppose you can call USCIS and ask to expedite (the phone number can be found at http://www.uscis.gov and you have to get through the automated part before you can talk to a person, or you can make an Info Pass appointment on the same website and go in-person to ask them to expedite (bring some evidence of why you need to expedite). I doubt that your request will have any effect, but you can try. Take care, Jason
Is there a way I can expedite my work permit? Its veen two months since I applied and I am in dier need of it. I have received a lettwr that says they have got the application but the number they offered is only a computer automated. What steps should I take to expedite?
Carter, if is your renewal in the receipt that you got from USCIS right on the bottom must said that you are eligible for 180 days extension but if is only RENEWAL.
I am currently on TPS status valid till march 2018. PERM approved via employer and now time to submit I-130 and I-485. If my case still pending by the time my TPS is expired would I be considered out of status and can’t do adjustment of status. In other words; is it required I be in status (renew my TPS status) to the date I apply or to the date I’m approved green card?
I really appreciate all you do.
Sorry – This blog is about asylum. I do not know much about TPS. You should talk to a lawyer about your situation. Take care, Jason
Good evening, Mr. Dzubow!
I have 2 questions for you. Question #1: I have asylum interview on Thursday, it’s been 3,5 years since I filled my i-589 application. Unfortunately, I can’t find copy of my application, and of course, I don’t remember my exact answers on that form. Should I re-complete it and bring it to the interview on Thursday? Question #2: almost 4 years ago, we came to the States and headed to Canada border to apply for asylum, we got denied, and came back to USA and applied for asylum here. I know that they are going to ask that on the interview. I know that I should be honest and tell the truth but will my answer have a negative impact on my case? Do you know if they have an access to such information?
1 – I do not know your case, but I think this is a bad idea. If there are differences between the new form and the old, it may be viewed as inconsistencies, which may cause them to think you are lying. At the beginning of the interview, they will go over the form with you and you can make any corrections. 2 – If you are truthful, it should be alright (but again, I do not know your case). The US government probably has the record of whatever you did in Canada and in the US at the border, and since they know about it already, it would be a bad idea to try to hide it. Take care, Jason
Hello Dear Jason Sir.
I have received our work authorisation based on pending asylum.
Since sep 2016 we were receiving EBT food stamp on our daughter’s name ( she was born here) just because we could not work n earn. But as now we received EAD, I need guidance 1) whether receiving food stamp can affect my baby in future or not
2) can it affect our asylum interview
3) if we apply for me or my spouse’s EBT and Medicare can it affect our interview or not.
Pls guide us.
Thanks and regards
Dee
1 – I do not know a lot about that, but I doubt it. 2 – It should not. 3 – I do not think it would affect your asylum case. I am not 100% sure that it would not affect a future green card or citizenship case, but I also think it would not. If this is a major concern, you might want to consult with a lawyer about it (a good place to start is at Catholic Charities – they are a big non-profit, not too expensive, and they often know a lot about public benefits). Take care, Jason
Dear Jason,
I know you told me last time that traveling using refugee travel document will have no problem to reenter the USA.
But I am hearing from people that traveling will delay me from getting my green card. I know one lady who traveled before getting her green card and now her green card is delayed by more than one year. She was abroad only for one month but now the green card is late by more than one year.
-So do you think traveling abroad before getting green card will delay the green card?
Thanks.
There is a physical presence requirement to get the GC, so maybe traveling will delay that (so if you are out of the US for a month, you might need to wait an additional month to get the GC), but normally a short absence should not matter. We have not seen people delayed for this reason. We do see people delayed for other reasons, including unknown reasons, and so maybe this lady’s case is delayed for some reason unrelated to the travel. Take care, Jason
Hi Jason,
God bless you for helping people out here.
I was reading on USCIS website[https://my.uscis.gov/helpcenter/article/how-long-does-uscis-have-to-make-a-decision-on-my-form-i-765-application-for-employment-authorization], that USCIS will issue an EAD in “Thirty (30) days if filing for an initial EAD based upon a pending asylum case.”
1)Is that rule followed?
2)If not, can I raise service request after 30 days have passed? (also had an expedite request with original I765 application)
3)Considering normal processing, how long do your clients have to wait approximately during this time of the year?
Thank you,
Soro
1 – Not in our experience. 2 – You can, but I think it will not help. 3 – We see EADs take 2 to 4 months for most people. Take care, Jason
Hello Jason,
I’m from Nepal and on TPS. I am trying to buy an existing gas station around half a million dollars. I have 200,000 cash and will get the rest on loans. Is there a way to get green card through that investment?
Eagerly waiting for your reply
Thanking You
Gurung
Maybe, but this is not something I know about. You need to talk to a lawyer who does invested visas and maybe EB-5 visas. Take care, Jason
Hi Jason,
I asked a question yesterday, but I couldn’t find it in the blog.
Here is my question again:
I am scheduled for an asylum interview. I applied three years ago. During this time, circumstances changed in my country and there are new developments that threaten my husband; he is here with me as a derivative. So, would I be allowed to add his changing circumstances 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
I am an asylee . I dont have a job right now, so when i was looking online i found out i might be eligible for medicaid and food stamps.
applying for these would it affect any future applications for green card and after this citizenship in your opinion ?
would you recommend people to apply for them?
thank you
I do not know a whole lot about public benefits. I think they would not affect you if you are an asylee. However, you might want to contact a local charity that assists refugees (like Catholic Charities) to ask them, as they know more about that than me. Take care, Jason