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 hope you are well. Thank you for all your work and God bless you.
I am an asylee and I don’t have a green card yet. I have received my refugee travel document and I have two plans for travel….
Both trips are to Europe but I am from Africa. The first is in 2 weeks to see my immediate family and in April for my sister’s wedding.
So do you think I will face trouble at the entry port because of my trips? I don’t have any crime or anything bad on my record. I am afraid since it’s two trips in a short space of time so I am requiring your advice? Thank you.
As long as you don’t go back to your home country and the RTD is not expired, you should be fine. Take care, Jason
Hello Jason,
Hope you are doing good. I follow you blogs regularly and its very interesting and helpful. I have question if you can help me out in this.
I have applied asylum recently from California and as it will take month to get acknowledgement and fingerprint. I wanna know that can i apply for id and driving license now? or can I drive on my international driving license? secondly and last can I do traveling by air or by car in the usa during this process.
Awaiting for your reply.
Thanks & Regards.
Most people cannot get a DL until they have their work permit, but different states are different, and so you have to check with the state DMV. If you have an international license, you should be able to use that – again, check with the DMV. As for domestic travel, you should be able to do that using your passport. Keep your asylum receipts with you, in case you are asked about your status in the US. Take care, Jason
Thanks jason, but i didnot received any acknowledgement till yet so can i travel? And secondly in the same situation can i go to dmv to check about my intl. DL ?
Thanks
If you have a valid passport and your visa is still good, you should have no problem traveling. If your visa has expired, it is probably safer to have the asylum receipts, in case you are questioned. Maybe the DMV would know about the international license, but I am not sure. If not, you might contact AAA – the automobile association. You may need to be a member, but I think they know about int’l licenses. Take care, Jason
Hi Jason,
I’ve been following your blogs for years, and got a lot of useful information. I have question that I’ve been thinking about for while and would love a quick answer from you.
USCIS site mentions that The Affirmative Asylum has
5 Types of Asylum Decisions. I’m concern about the notice of denial and final denial. If you get those, does that mean you in the removal proceeding or you still get a chances at the court. If you still get a chances at the court what the difference between denial and Referral to an Immigration Court ?
Thank you so much for the help and support you’re providing out there.
Adam
If you have some type of immigration status – such as a valid F-1 or H1b – and your asylum is denied, them your case ends and does not go to court, and they just continue remaining in the US based on the valid status that they have. For most people, the only status they have when their case ends is the pending asylum case; their other status has already expired. For such people, they are referred to Immigration Court, where they can present their case to a Judge. Take care, Jason
Thant explains it. Thank you so much Jason
Dear Jason,
My husband had his interview in the Chicago office last week. However the officer did not say to come after the decision after two weeks. What does that mean? Do they have to say that at the end of the interview or the asylees get a mail saying that?
Thanks in advance,
In many cases, they just mail out the decision. It does not mean anything good or bad about the outcome. Take care, Jason
Hi Sir,
How are you? Thank you very much for your support; I really appreciate it.
At the beginning of last June; I requested the Arlington office to expedite my I 589 case in relation to serious family affairs. When they sent me the application form through email, they informed me that I might get the feedback regarding to my expedite application. However; I didn’t receive till now. I went to their office personally to inquire feedback; the front representative told me that it is pending because of limited resources. Please advise what to do right now.
Thanks
They are supposed to decide about an expedite request in less than a month. I think you should submit a new expedite request with evidence. I did a blog post about that on March 30, 2017 – maybe that would help. Take care, Jason
Hello Jason,
I was not able to attend my asylum interview in June of this year due to my baby being at the hospital at that time.
I am still waiting to be scheduled. I went to asylum office they said it is still waiting to be rescheduled and did not tell anything else.
What is the usual waiting period for rescheduling?
Is there any way to check it online?
Thank you.
You cannot check on-line, but normally rescheduled cases only take a few weeks. You should contact the asylum office and ask about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Appreciate it sir
Hi Jason, I really appreciate your usual support and assistance.
I am a derivative (dependent) of my wife which is the primary asylum seeker.I file under her case and received a finger print notice.
My question is how soon can i apply for EAD after i gave my finger print? Do i have to wait 150 days or i can apply right away after i gave the finger print.
Thank you so much.
You can file at the same time as her – so if you filed your case with hers (at the same time), you have to wait 150 days. If you joined her case later, you can file whenever she is eligible. Take care, Jason
Thank you so much Jason for your prompt response. But i didn’t understand when you say “whenever she is eligible” does it mean that i can apply for EAD now? as i joined her case later.
Many thanks
If the principal applicant is eligible for an EAD, any dependent – regardless of when he joined the case – is also eligible for an EAD. So if the principal has her EAD already, you can apply for yours as soon as you are joined to the case. Take care, Jason
Thank you so much Jason. Have a great day.
Dear Jason,
Hope u doing good. I need you advise sir,
I have applied asylum i589 by myself a week ago. And today whole documents get return to me with note that “as per uscis i was in proceeding before and that proceeding was already completed.It is required that the asylum application to be filed to immigration court that has jurisdiction over the previous proceeding”. What does it mean?
This is the first time i have applied asylum. I never applied before in my life. Also my visitor visa is expiring so i am in tense.
Please help me out. Really appreciated your help.
Thanks
This sounds like they think you previously had an immigration court case, and that you were ordered deported. If that is the case, you should talk to a lawyer. There may be a way to file with the asylum office, but you might also have to file a motion to reopen with the court. If you were never deported before, you might also want to talk to a lawyer to look at the rejection and give you an opinion. You might also try going in person to your local asylum office and ask them. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason for your prompt reply always.
Just want little further detail on the same. During this process i will be legally live here or not? Coz i have sent application before my visitor visa expire and instead of submition thy hav sent me back, now as u adwise i will sent them again but now my visa is expire. Does thy hav in there system that i already start the process coz thy hav printed date on my asylum application n return back to me. Please adwise me accordingly. Thanks Alot
Apprecited your support.
For purposes of the one-year filing deadline, a rejected application probably protects you (as long as you re-file quickly), but it does not start the clock for purposes of the work permit or the interview – that only happens once it is properly filed. Once it is properly filed, you can remain here until it is decided. But until it is actually filed, you have no status other than the visa that you entered on. Take care, Jason
What about my visitor visa it will valid till 2020 only i94 is expiring so if i exit the country now and come back after some time so will thy allow me to enter using same visa?
If the visa is still valid, and you have no bars to returning (if you overstay the I-94 by 6 months or more, you will probably have a bar to returning), you should be able to return However, if you had an asylum case that was canceled or denied, you could still have trouble returning – talk to a lawyer about the specifics of your case to be safe. Take care, Jason
Dear Sir,
We need your sincere advice.
My boyfriend is going to the United States soon. He is going to apply for asylum at the JFK Airport in NY. Because he is really being persecuted here in his country. He has some relatives in the U. S. He is going to destroy his passport while he is on a plane, on his way to the United States. And tell them that he lost his passport.
Q. 1. Will he be able to stay in the United States? Or they will send him back home?
Q. 2. Will he go to jail for losing his passport? I’m little worried about him.
Will he be OK there in the USA?
Please, give your suggestions. Thank you.
This sounds like a bad plan. If he has a visa to the US, it is better to come here, pass through the airport, and then decide whether to seek asylum. If he follows the plan you propose, he will be detained and have to do an asylum case while in jail. This is much more difficult and the chance of winning is lower. Take care, Jason
Dear Jason,
At last today after two years of waiting was my husband’s interview. The interview took 1,5 hours long and was pretty good. Now waiting for the answer. Regularly how long does it take to receive a response? And is 1,5 hour long interview a good sign or a bad sign?
Thanks in advance.
I think you cannot judge an interview by the time, but 1.5 hours is on the short side. If they told you that you will get a response in 2 weeks, hopefully you will, though many times when they say 2 weeks, it takes longer, so do not worry if there is a delay. Good luck, Jason
Hey Jason ! i received electronic conformation via my email that USCIS received my application on July 17 and they send me the receipt number , so far nothing is there . so my 2 questions :
1- how long should it take to receive the fingerprint notice ?
2- when i’m trying to track my case online i got this message My Case Status is accepted and on process . any idea how long it takes for the system to be updated ? Or how much time is the maximum time to wait .pls
1 – Normally, it is a couple weeks after the receipt (assuming you are talking about an asylum case). If you did not get it, contact the local asylum office and ask them about it. You can find their contact info if you follow the link at right called asylum office locator. 2 – You cannot track an asylum case online, so I am not sure what you are looking at. You can check the Asylum Office Scheduling Bulletin (a link is at right) to get some idea about the time frame for an asylum case. Take care, Jason
I thinking about to have inquiry about my case I had my interview almost 5 month ago.no receive any decision
Yet ,what would think to go and do this .is this will hurt my case or not ?thanks to you
I think there is no harm to inquire. I do not think it helps much either, but you can try. Contact your local asylum office and ask about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey Jason ! i received electronic conformation via my email that USCIS received my application on November 9 and they send me the receipt number , last week i received the paper notice . so my 2 questions :
1- how long should it take to receive the fingerprint notice ?
2- when i’m trying to track my case online i got this message My Case Status does not recognize the receipt number entered. Please check your receipt number and try again. If you need further assistance, please call the National Customer Service Center at 1-800-375-5283. any idea how long it takes for the system to be updated ?
i forget to mention it’s green card application based on 1 year asylum Nebraska office
In that case, you should be able to track it online. If not, call USCIS to ask about that. You can find their phone number at http://www.uscis.gov. Take care, Jason
hey Jason . i called today and they told me i have to wait 45 days before they can do anything to me ! my friend applied after me and he can check his casr status so i don’t know what should i do
2- my green card case was received nov 9 , when should i expect a notice for my biometrics ?
Sorry, you should be able to check a green card application (form I-485) on-line, using your receipt number. You cannot check an asylum case on-line. Not everyone who applies for a GC gets a biometrics appointment, and if you did that before in the asylum case, you may not receive it. Processing times are slow for everyone and GC will probably take 10 months or more. Take care, Jason
If you are talking about an asylum case, you normally get the receipt after 3 or 4 weeks, and then the fingerprint appointment a few weeks after that. You cannot track an asylum case online. You can check the Asylum Office Scheduling Bulletin (a link is at right) to get some idea about the waiting time. Take care, Jason
My father is a green holder in USA and he applied for asylum and applied for me and my mom the case has been dragged for 6 years then i was 18, now i am 25 and finally i got my visa, Just wanted to know upon arrival to usa how long does it take to get the green card
Assuming you enter the US as a dependent on your father’s case, you should be eligible to apply for the GC after one year in the US. Take care, Jason
Hi,
I applied an asylum on march 2016 and still my case is pending. My Question is when i fill the i-589 form i didn’t put my spouse name or anything and now i want to fill his information . Is there any way i can do that?
Thank you,
You can add him to the case if you want – contact the asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. If you do not want to add him to the case, but just want to correct the I-589 form, you can correct the form and submit it to the asylum office. You should also bring a copy of the corrected page 2 to your interview, to give it to the officer. If you were married at the time you filed, you will need to explain why you did not list your husband, and if they think you lied, that could impact your asylum case. Talk to a lawyer about this if you are concerned about it. Take care, Jason
Dear Jason
can you guide and suggest me what should i do now..??
i applied for asylum in 2013 and called for interview in march 2015.since that i am waiting for my decision.i came to know that i am on background check its almost more than two years. then i wrote the Senator to asked the asylum office regarding my case status.the asylum office send him a letter saying that i am on security background check and they cannot give a certain period of time when it be done.
what should i do from this point. please help me out
thank you so much
rashid
Unfortunately, this is a pretty common story and there is not a lot to be done. You can contact the USCIS Ombudsman – a link is at right. If that does not help, you can try a mandamus lawsuit, which might work, but you need to talk to a lawyer about that before you file. Take care, Jason
thank you so much jason for your response
Did you have two interview or just one ?
Best wishes for you man
Hi Jason,
I received green card based in asylum. Resident since 11-13-2013
So when should I apply for citizenship.
Some people say 3 years for the date I receive the green.
Others say 4 years from the date on the green card!!!
Thanks,
If your LPR card lists November 13, 2013 as the date you became a permanent resident, you can apply 4 years and 9 months after that date, so in mid-September 2018. It is really 5 years, but you can mail the application 90 days early. Some people say 4 years, but that includes the fact that your card was back-dated one year when you received it (so you probably received it in November 2014). Take care, Jason
Hi Jason,
My firiend applied for asylum and had her interview 3 months ago. Now just received another notice for a second interview. What does that imply?
Any advice?
Thanks,
It could mean different things – maybe the officer quit and the notes were not complete, so they need to re-interview, or maybe some issue came up in the security check, or the officer’s supervisor needed more info on some point. The person should be prepared for the interview as if it is the first time, and should be ready to talk about any aspect of the case. Take care, Jason
Hello Mr Jason,
My husband is my dependant and he also received appointment for fingerprints. My question is that will him be able to apply for EAD when the times come, because his visa will expire before the 180 days. Can him be covered as dependant if his status expire? Thanks,
Whether his status expires is not relevant – he can be a dependent and he can get an EAD. Take care, Jason
Dear Mr. Dzubow,
With reference to Your good intentions of helping people in their struggle with asylum process, I would like to ask you if it’s gonna be a problem for my husband, dependent listed in my asylum application, to get EAD, because he had 3 months more presence in the USA than the 1 year eligibility???
Sincerely greatful,
Regards
Eleonora
It should have no effect – as long as he is a dependent in your case and has not been ordered deported, he should be able to get the EAD the same as you. Take care, Jason
Thank you for your kind reply. I really hope everything will be ok with all my family.
Take care,
Eleonora
hi Jason,
I am here on pending asylum, my parents reach safely here since todays, no q ask at airport, just ask how long you will stay they said 3/4 months, so all good, now q is that they have family base green card interview (my us citizen bro file application for my parent) tomorrow, officer can ask about my asylum case??? if officer ask they will tell truth , or any specific answer to be give,
Thanks
Hello Dav, i want to invite my parents on visit visa too, because i did not see them from last 5 years, i have pending asylum case as well, your parents got visa easily? there’s no problem to get visa, because you have pending case, thanks
they have already had 10 M since few years, bro
If the embassy thinks they will stay in the US beyond their visa time, they may deny a visa. If you have a pending asylum case, that might cause the embassy to think your parents will overstay their own visas. This normally is a bigger problem for spouses and minor children than for parents, so hopefully, they will be able to get the visas. Take care, Jason
thanks jason
The officer may ask about your status in the US, and they definitely should tell the truth – USCIS has your case, and so if they lie about anything, USCIS will already know, and it could cause them and you to have big problems. Your asylum case should have no effect on their ability to get their green cards. Take care, Jason
I’m under TPS from El Salvador and even I been living in the US since 2017 will like to know if I could win a case for LGTB asylum. I know is over the 1 year deadline but could I claim an exception? And did you guys work on this Type of asylum cases,?
Thank you
You may be able to win asylum from El Salvador for this reason. In our office, we do many such cases – my law partner Todd does more of those than me. If you want to contact us, feel free (contact info is on the right side of the webpage). As for the one-year bar, maybe you can meet an exception to that, but it depends on the case. I do not think TPS alone will be enough to meet the one-year bar exception, but it may be. Take care, Jason
Hi Jason,
My renewal of EAD has been delayed by since I filed on 25 April, 2017 (almost 7months)at Neberseka crevice cemeter for pending asylum case.
I put an inquiry to the customer crevice and expedite the case many times. Finally, they sent me an email on Nov 14,my case is unerreview by the officer and I will get a response within 60 days, means up to 14 January, 2018
Since I frustrated , I booked an info pass appointment on Nov24, to meet the field immigration office in Baltimore area.
My question is that can the field office immigration help me to facilatate my EAD renewal or they will tell me what the Nebraska office email me to wait for 60 days ? What would their role in this case? Thank you for sharing your experiance?
I cannot tell what the various offices can do, but my impression is that the Info Pass appointment may be more useful than a phone call. I recommend you bring evidence about the hardship you are facing due to the delay. Maybe a letter from your employer stating that they will end your job without the EAD. Let us know if the Info Pass is helpful at all, or what you think, as that will help others. Thank you, Jason
I been waiting for asylum decision after interview almost 5 month so any advise ?
Hello, I am waiting too for decision, since February,2017.NJ, which office your interviewed?
There is not a lot you can do. You can contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. If that does not help, you can contact the USCIS Ombudsman – they sometimes help with delayed cases. There is a link at right for that office. Take care, Jason
Thank you very much. Jason
Dear Jason,
I got interview since June 2017 up to now there is no result. I inquired since 3 months ago the answer was ” we are reviewing your case, we need 2-3 additional months”. Now as 3 months passed already and they didn’t come back to me, what do you suggest. Do you think they still have excuse?
This is affect also my EAD, I applied since April 2017, you see how much pressure and frustration we are getting!
Please need your advice.
Unfortunately, this is a common story. You can inquire again. If that does not help, maybe try the USCIS Ombudsman – a link is at right. In some cases, they can assist with a delayed case. Take care, Jason
DeDear
thank you In advance
My question If the poltical situation canged in my Home country after a lot of asylum waiting time my case will reject by court?
It is possible – if country conditions improve and the US government thinks it is safe to return, they will not grant asylum. You may need to submit additional evidence that it is still not safe for you. Take care, Jason
Hi Jason,
Thank you for your help. I have a question. My EAD has expired for almost four months. I am on pending asylum status. Do you think I can apply for my renewal now, almost after four months since it expired? Is there any consequence form not doing it on timely basis? I really do appreciate your help. Thanks
Can apply to renew now, but it takes some time and so you will have a gap in employment eligibility before you get the new card. Other than that, there is no problem to re-apply now. Take care, Jason
Thanks you very much,
Stay Blessed!!!
Hi Jason,
Thank you for your blog. I am from Venezuela and my husband has dual citizenship from Italy and Venezuela. If I file for political asylum and include my husband in my case, can I later (after my case is pending) adjust my status through my husband’s application for an investor type visa? Please help me! I do have an asylum case but we also have the hope to adjust status later, being asylum such a lengthy process.
God bless you.
As long as he and you are eligible for the investor visa, the fact that you filed for asylum should not stop you from getting a green card based on the investment visa. I do not do such visas, but the process is complicated, and he should have a lawyer to help him – make sure to tell the lawyer about your asylum case. Take care, Jason
Hi M.Jason,l’ m asylum seeker and l applied i-765 for C11 categorie and l received my EAD card for 4 Months to renew according to my i-94 ,my question is :next time if l want renew it can l change the categorie to C8 without any problem and they will give me more time ?and l want to know if l will pay again next time to new it?Thank you.
Usually, you can only get an EAD based on C-11 until your I-94 card expires. So you probably have no choice but to file under c-08 (asylum pending). The first card under that category is free and should be good for 2 years, but you cannot apply until 150 days after your asylum application was received by the US government. Take care, Jason
Thank you M.Jason
Hi,
I have question. I am applying asylum and in application form I-589 they are asking about family detail for sibling. I wana ask here my brother had apply asylum 15 year ago and he got denial. And now i dont know his status. Do I mention his name in my application and status or not.
would be great if you can help me out in this matter.
Thanks and Regards
You have to mention his name and where he is (on page 4). There is another question about family members who sought asylum from the US, and you can mention him there – just say what you know and if you are not sure, you can say that. I think there is another question where you might be required to list him as well, depending on where he lives. I would be sure to mention him, as the US government probably will know about his case anyway, and if they think you are trying to hide it, that would adversely affect your case. Take care, Jason
Thank you Mr. Jason.
So If I mention in my form it would not effect on my case or on my decision??
One last think what exactly this question means
Q2a-2.A.After leaving the country from which you are claiming asylum, did you or your spouse or child(ren) who are now in the United States travel
through or reside in any other country before entering the United States?
Q2b- 2.B.Have you, your spouse, your child(ren), or other family members, such as your parents or siblings, ever applied for or received any lawful status
in any country other than the one from which you are now claiming asylum?
Please help me in this thanks alot
I do not know whether it would affect your decision, but I think you have no choice but to tell them about your brother. It might help if you had a copy of his old case. As for the questions, I am not sure what to tell you, I think they are pretty self explanatory. If you have some specific question, you can ask, though. Take care, Jason
Hello Jason,
I am holding a J1 visa in US and my wife has a J2 visa depended on me. My wife has a working authorization from J2 which is valid for 1 more year.
We are now asylum applicants and we would like to apply for work authorization as asylum applicants. While filling the Form I-765, we are confused:
1- Should she mention about the current working authorization or should she apply for a new one?
2- Should we both mention about our current SSN Card or should we ask a new one?
Thank you in advance,
Tamer
1 – There are long delays sometimes to get a work permit, so if she has less than 6 months left on the old permit, probably she should apply for the new one, based on asylum pending. The form does require the person to list prior work permits. 2 – If you have an SSN card, you should be able to use the same one when you get your new card, and I believe the form requires you to list your SS number. Take care, Jason
Hello Jason,
I have this kind of difficult question, in which the answer seems to be an ” I DON’T KNOW” answer by any attorney.
If i applied for an asylum while my I-94 was still valid, and while my asylum is pending i get the opportunity of going through a labor certification, perm gets approved, I-140 too and then i get to the I-485 Phase and my asylum is still pending, can i adjust ?
Thank you in advance.
Marvia
It depends. If your I-94 is still valid (meaning you are in lawful status, aside from the asylum pending) and you file the I-485 before your I-94 expires, you should be eligible to adjust (assuming you have no other reasons for denial). In other words, if you are still “in status” (not counting asylum pending), you can adjust status (assuming you are otherwise eligible). If you are out of status, you cannot adjust. This is pretty basic, and I think you do need an attorney who knows about this to get you through the process, as it can be tricky. But if your I-94 has expired, you would need to leave the US in order to get your GC at the US embassy. Whether or not you are eligible to do that, I do not know, but you should talk to a lawyer about adjusting status or – if necessary – going to an embassy. Take care, Jason
Thank you for your quick response Jason.
I was just told that i could apply for an F-1 and then apply for asylum and that way i will keep a lawful status aside the asylum pending, i just don’t know if i should apply for an F-1 wait for the approval and then apply for an asylum or if i can do it all together.
It sounds like you can do it either way, but if you apply for asylum first, USCIS will likely deny the change of status to F-1, since you have asked to stay in the US permanently (through asylum) and this is not allowed for an F-1 visa. Take care, Jason
Thank you so much Jason.
I wish you lots of success, take care.
Marvia.
Hello Jason,
i can use my Po Box number in change address for I-589 & for new EAD application ??
or should be Physical located mailing address ??
Thanks
You can use a PO box for a mailing address, but you need to also give them a physical address where you live (at least on the form I-589). I think you should probably be ok to use a PO box for the I-765, but check the instructions to be sure, as I have never done that for a client. Take care, Jason
Hi Jason…I have recieved my EAD this weekend but not my SSN. Can I use my alien # in_lue of SSN for any job apllication? Thanks
Hi , if u don’t mind can u please share that how long it took to get ead after filling i765
It was my initial EAD request under C 8 category and got it in 1 month time. Service center was texas.
Thanks
Hi Fitz
How soon after u got the letter that said ur card will be mailed to u did u receive the actual card?
I received that letter October 30 and since then have been anxiously checking the mail box everyday.
For new EADs, they should be sending you both the EAD and the SSN, but if they did not, you will need to contact the social security office and get an SSN based on your EAD. Take care, Jason
Thanks Jason as always… will do that.
Hi Florence
Allplication mailed oct 5
Reciept date oct 16
Approval mail/card production status update Nov 2
Card mailed to me nov 7
Sorry after card send to me status …. i got it with 3 days as they send it priority mail
Ok.. thanks for sharing ur experience
Hello Jason,
My Asylum case has been administratively closed on basis of marriage to a US citizen, my I 130 has been approved and I 485 has also been administratively closed. I am waiting for IJ to respond to our motion to terminate my Asylum case. In the mean time my work permit is about to expire which I received through I485. I have an awesome job and I don’t want lose it. I need to renew my work permit. Can my work permit be renewed even my cases are administratively closed?Can I still apply for work permit via my asylum case?
Thank you, hoping to hear from you soon.
What about your green card based on marriage if you have been approved? And what about the work permit when u are applying for green card based on marriage?? Just wondering, please tell me. Thanks,
Hello Alex,
only my I30 has been approved, my I485 needs to be approved for a green card, if you are married to a US citizen you can apply for your work permit when you apply for the green card which is the I485 form
I do not know what you mean when you say that the I-485 is administratively closed. If the I-485 is still pending, you should be eligible to renew your EAD. I think there is no automatic extension for a renewal of an EAD based on a pending I-485, so you may need to act fast. If the asylum case is admin closed, you may be eligible to renew (or get a new) EAD based on asylum pending. I recommend you talk to a lawyer to see what is the best path. Take care, Jason
Thank you for responding so quick, my I485 was administratively closed because only the IJ has the jurisdiction over from I485 form.
I think your better bet may be to apply based on the asylum case, which seems to be still pending (though it is admin closed). You can call 1-800-898-7180 and enter your Alien number into the computer system. Push 2, and it will tell you how many days have elapsed on the clock, and if the clock is still running. If more than 150 days have elapsed, and the clock is running, you should be able to get your EAD based on asylum pending. I am not sure, though, as I do not know the case, so talk to your lawyer about that to help you. Take care, Jason
And one more question. If a derivative asylum applicant’s family applied for asylum back in 2001 when she was only 13 years old but didn’t get a status and came back to her home country with her family. And now if her husband gets approval will that derivative applicant have problem coming to the US?
Thanks in advance.
I think the old application would not affect her, but it depends what happened at that time. Maybe talk to a lawyer about this to try to make sure there are no issues. Take care, Jason
Dear Jason,
If I pass my interview how long after that will take me to bring my wife and my child to the US?
If the case is approved, you can immediately file I-730 petitions for your family members (one for each person). The entire process can take 3 or 4 months, or it can take a year or more – we have see it happen both ways, and it seems random (as far as I can tell). In any case, if you win asylum, you can file immediately and get the process started. Take care, Jason
Hi Jason,
I had an interview on February 8th, 2016. I was told that I would receive the final decision in 3-4 weeks after, but I did not hear back. I emailed the SF immigration office and they told me that my asylum case is still pending, I asked why, but they haven’t responded. I made an Obudsman case 12 days ago. Do you think that they can help somehow. I was thinking to send the leeter telling them if they don’t make a decision, I’ll have to go through the court. Is it that a smart move or not? What are my options at this point?
Thank you in advance!
Take care
If you threaten to do a mandamus lawsuit, you need to be prepared to do that. Unfortunately, many people have their cases delayed for a long time after the interview, but I think you are doing what you can do – contact the local office, Ombudsman (though you should give them at least 3 months to reply), and then mandamus lawsuit. It is too bad that a mandamus may be needed, as they should just make a decision, but since they are not doing that, the mandamus may be your best option. Take care, Jason
any idea how it take USCIS to accept i458 application and send me the first receipt notice ? it’s been a week now and i didn’t hear anything back ?
For the I-485, usually the receipt comes in 3 or 4 weeks. Take care, Jason
Hi jason,
I am here on a legal tourist status. My bag with all my documents got stolen and I lost my passport, ID, everything. Can I still petition for asylum? what do you recommend?
Thank you 🙏🏼 Your response would mean the world to me.
You can, but without these documents, your case may be more difficult. If the bag was stolen in the US, you should make a police report – at least you will have that document. If you have copies of your documents, that will be helpful too, as you do not send original documents to USCIS when you apply for asylum; you send copies. Cases take several years, and during that time, maybe you can find copies of documents and replace others, so that you have some identity and other information about you. This would probably help your case. Take care, Jason
Dear Jason,
I just want to thank you for your great advices. My husband received an interview date for November 27. We followed your advice on expediting cases due to family seperation and got accepted. Now he is getting ready for the interview. Hope we will get a positive response. Thanks once again.
Good luck, and I did a posting on September 8, 2016 about interviews that may help. Take care, Jason
Thanks again.
Hi Jason,
1. I am waiting for a decision for my asylum case for 4 months now. Is it too soon to try the Ombudsman at this time?
2. My EAD is delayed by 3 months now and my ID has expired. Can I fly within the U.S. using my passport?
(My passport is still active)
Thank you.
Best
1 – It is up to you, but in my opinion, it is too soon. You can inquire with the asylum office and ask them for an update. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – You should be able to do that, but check with the airline. Also, make sure you have evidence of your status (asylum receipts, old EAD, receipt for EAD). Take care, Jason
Hi Jason, I hope you are doing fine
My inquiry is about the renewal of the EAD. When I check the processing time information schedule like for Nebraska service office where I filed my form it says that for the I-785 (C)(8) the schedule only showing the initial filing, so under which category i’ve to check the renewal of the EAD for bending asylum is it the one says ” All other applications for employment authorization” because if so that means my case was skipped.
Thank you in advance for all your help and support
appreciate it
One more question if you don’t mind. can I file for Advance parole (or the travel document after the approval) in any service office
my asylum case is in NY, can I for example file in California because I see the processing time is better than in Nebrasak where I usually file for the forms
For all these applications, your filing address depends on where you live. You cannot file in another office because of a faster processing time – it will be rejected because you sent it to the wrong address. Take care, Jason
I am not sure I understand the question. I can tell you that we are seeing long delays (6+ months) to renew EADs for people with asylum pending. You can call USCIS to inquire. The phone number can be found at http://www.uscis.gov. Take care, Jason
Thank you very much for the helpful answers
what i meant in my question about the EAD that in the processing time schedule for the service offices like Nebraska where I filed for my renewal of my EAD in July 2017, it says that they are working on cases filed in April 2017 for the EAD based on pending asylum applications (c)(8) . and also says for the All other applications for employment authorization they are working on cases filed in September 2017. So my inquiry is which one to check to know the time frame for the renewal of my EAD . Because they mentioned on the top of the page this note ” Please note that for Form I-765 category (c)(8), based on a pending asylum application, the processing time frames listed apply only to an initial filing” . under which one do my application fall
Thank you again and again for everything you do to help us
Waiting for my wife renewal and got confused with same info on the latest processing time bulletin. My guess is zt they are processing EAD renewal filed on Apr as of Sep31 or wrong info. Better to check next release to check.
Yah you are right its very confusing, but as you said lets wait and see we don’t have any other choice
In my experience, the processing times listed on the USCIS website are not always accurate, and that it particularly true of EADs. I think all you can do it look on your EAD receipt and it will tell you what office is processing the application. You can try to check there for the processing time, but again, I don’t think it will be very accurate. Take care, Jason
Dear Mr. Jason,
How are you sir, Hope you are fine.
I have quick question. I have 6 Month entry and I am going to apply for Asylum 20 days prior to my visa expiration. I wanted to know that till the time my finger prints letter does not come and my 6 months visa is over, Am I consider illegal or Am I secured/legal from the day I have applied asylum application
I589.
Please guide me. I would be great help.
Thanks
Awaiting for your reply.
Regards,
Sam
Once you file for asylum, you are legally allowed to remain here until the case is resolved, so if you file before the 6-month period of stay ends, you will have no “unlawful presence,” as that term is defined in the law. Take care, Jason
Thaanks for the reply.
So what proof do we have till we get the file no ??
Because that will take about a month. And my visa will expire before that.
You should keep a copy of your asylum form (I-589) and the mailing receipt. Take care, Jason
Hi Jason ,
Hope you are doing well,
After 4+ months of applying for the renewal of an EAD
The online status changed to “Case received at My Local Office” , before this the status was “We received your application for EAD” . I am bit confused what this new status implies . Does it mean the processing will start over again?
Thanks
Hasan
I do not know, but sometimes, more than one office is involved in processing the EAD, so it may relate to that. We have seen long delays for EAD renewals (6 months or more), so hopefully it is at least a sign that something is happening. Take care, Jason
Hi Jason, I applied for asylum in December 2014 and I’m still waiting for an interview. I applied for renewal of EAD and that’s also processing for 145 days now! I called immigration customer service and submitted an inquiry. I was wondering if you know if there is any reason why it’s taking too long for an interview or the delay for my EAD? Thank you Jason
Apparently, many people – including some of our clients – are seeing these long delays. It is unclear what is going on, but it certainly is a problem. If your inquire does not help, you can try the USCIS Ombudsman – a link is at right. Good luck, Jason
Hi Jason…
Miracle sometimes happen as you said when I asked you first time. I am very lucky to get my EAD approved and mailed in 1 month time. My question is can I apply for a job outside of my asylum case juridiction which is VA and go to florida and work till my interview shedule. What process do I have to follow if there is any?
If you move to FL, you have to change your address. If you keep your permanent address and go temporarily to FL, you may need to explain that to the asylum officer. And if they think you are lying about the address, they may think you are lying about the case, so be careful. I wrote a posting about this on June 24, 2015. Maybe that would help. Take care, Jason
Hi Jason, I’m an employee at the U.S embassy in Yemen. I live in Turkey those days because of the situation in Yemen. I received threat by Email recently and I hesitated to reported to the security office. I have always been able to get a visa to the U.S and I fear if I report this threat it might affect any future visa application.So I’m waiting to get a B1/B2 visa and then travel to the U.S. Can you advise me? should I wait to get the visa and then travel to the U.S and apply for asylum or I should tell the security office and if I report the threat what do you think will happen? state department offer resettlement?
Given all the difficulties with travel bans, maybe you are better off not saying anything, and then if the visa is denied, you can report the threat and maybe (hopefully) they will help you resettle. If the visa is granted, you can report the threat once you are here, and maybe use that as evidence in the asylum case. But you might want to consult with a lawyer first about strategy. Take care, Jason
I applied for asylum in april 2015. I waiting for interview. My son is 20 years old and at the time i applied he was under 18 years. I know if my case is approved he can join me. But now we arranged his marriage with US citizen. She will go back to my country and married. If my son married and his wife applied for his green card it is possibe that he have a problem to get green card due to my asylum case. Because after married he can not join me as derivative asylee. Thanks.
If he is married, he cannot be your derivative Ashlee. But I doubt that your asylum case would affect his green card/marriage case. Maybe if there is some inconsistency between the cases or a terrorism issue. If you are worried about that, talk to a lawyer about the specific problem. Take care, Jason
Hi jason i have a question please im hearing every day on news those people they have curt and they lost the asylum got deny from judge and ice police arresting them and deporting .they have right for apeal but the judge doesnt let them for apeal . Can u give me some information about it please ? Thank you
I have not heard any examples of people being arrested and blocked from appeal. It may be true, but I doubt it – I am on list serves with thousands of immigration lawyers, and if it was happening (at least on a wide scale), we would hear about it. Take care, Jason
I called alot on your number no body pick up i live in new york city i heared alot on radio after court lots of peoples arrested .im from afghanistan there is lots of war dnt know what will happen
If you leave a message, we will call you back, or you can send an email – if you need a consultation, that is the best way to set it up. My email address is Jdzubow@Dzubowlaw.com. Take care, Jason
Dear Jason
I have two questions regarding an Asylum Application. Would it be possible for you to answer following questions?
1. I found that in my I 589 application questions 2 and 3A in Part B answered incorrectly. Before I go to the Asylum Interview how do I correct it?
2. I filed my I 589 application on my own. If Immigration officer refers my case to Immigration Court then can I hire a Lawyer?
Thank you very much.
Kumari
1 – You can submit a supplemental affidavit prior to the interview and explain the errors. You can also correct this at the interview, but especially if you have no lawyer, it is probably better to submit the correction in writing prior to the interview (in case you do not get an opportunity to make the correction at the beginning of the interview). 2 – Yes. Take care, Jason