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,
This is what I read in USCIS page today:
“Starting January 29, 2018, the Asylum Division will give priority to the most recently filed affirmative asylum applications when scheduling asylum interviews”. So Jason based on this statement, people who applied on 2014 in Arlington would be interviewed at last? And do you have any idea for the motive behind?
This is how it used to be, until the changed the system in December 2014. I think it was motivated by their (the higher up people’s) belief that most cases are fraudulent and filed only so asylum seekers can get a work permit. By this logic, they will deter cases since people will not get a work permit before they are interviewed. It is idiotic, and this is exactly the system that was not working in 2012-2014. We shall see what happens. Take care, Jason
Hi Jason,
I just wanted to share some good news. My mother’s visitor visa was issued today, although I have a pending asylum case since 8/2016. It was surprising that adding my name to her application (as relatives in the US) didn’t lead to the rejection of the visa as I was expecting. The purpose of the visit is to see both myself and my sister who is here on a temporary visa.
Note: my mom has really strong ties back home (younger kids) and she’ll be definitely going back, I don’t know if that was the reason they approved her visa.
It’s always hard to understand why a visa is issued or denied, but it is generally easier for parents of asylum seekers to get a visa than for spouses or children of asylum seekers. In any case, it is great news – Congratulations and thank you for sharing, Jason
Hi Jason,
My application is approved by USA but my family is not with me so I will apply to bring my family here but the government in country confiscated my wife’s passport. So is it problem for USA government to bring my family here. Actually I don’t know the procedure about getting my family here
Thank you in advance
I love your blog which is really helpful for people who need assistance
The first step is to petition for each family member using form I-730, available at http://www.uscis.gov. Once that is approved, they have to process the case at the embassy. Whether she can do that without a passport, I am not sure. Once the I-730 is approved, or maybe even before, you can communicate with the embassy and ask about this. If you have an answer, please let us know, as that will help others. Take care, Jason
dear Jason this is urgent question！my lawyer told me he will assist mepostpone and reschedule my interview and he did not do that，how can i fix it right now！is really true i have 45 days explain？how can i do now thank you and wait your answer
I am not sure I understand, but you can contact the asylum office and ask to postpone your interview. You can find their contact info if you follow the link at right called Asylum Office Locator. If your lawyer lied to you, you probably want to find a new lawyer, and you might want to make a bar complaint against him if your case was harmed. Take care, Jason
I have an upcoming interview this week after almost 3 years waiting. Figure crossed🤞🙏🙏🙏
Best of luck to you. Please keep us updated.
best Wishes
Hi Jason,
I submitted my application for asylum in 2016. On 2017 I married a US citizen and we just had our first child together. My wife petitioned for me and we are waiting for an interview date. What should I do with my asylum case? Should I write and close it? or should I keep it open until I have my LPR and then close it? Please help! Thanks 🙏🏼
We try to keep the case open until the person receives the LPR card. Marriage-based cases, like all cases, are moving more slowly these days, but if you think it is moving too slowly, you may want to contact the asylum office and inform them about the marriage, and ask if there is anything they can do to help with the marriage case (like transfer your file to the USCIS office doing the marriage case). Usually, this is not necessary, as things should progress on their own. Take care, Jason
Hi Jason, I have pending application since October 1st 2017, when is the right date for me to apply for EAD? thanks,
You must wait 150 days after your application was received, so that would be sometime after March 1, 2018. Take care, Jason
Dear Jason,
My question is concerning the time table for interview. I applied for asylum in August 2017 and I was expecting my interview will take from 2-3 years. However, around November 2017 my lawyer showed me an e-mail he received from uscis office. The e-mail states that the office is calling applicants in the reverse chronological order. Meaning, they are calling new applicants first and go back to old applicants. Based on this, I know 3 guys who filed for less than one year but already interviewed.
My confusion comes when I look at the website of USCIS , I see that they are doing the interview in the chronological order. (https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-scheduling-bulletin) . So please help us to clear this issue if you have idea about it. Specially, if you have received the same e-mail as my lawyer.
Regards,
John
I have not heard about USCIS doing that, but I have heard they are considering it, and I have not received such an email. I will pay attention to this, and if I hear anything, I will post it here. Take care, Jason
This totally new news! USCIS is reviewing the application in reverse order? Could you dig more into this Jason and let us know if its true. Also I noted that the Arlington Aslyum office is providing the same information on the status of asylum backlog since Jan 2017. I have visited the Arlington Aslyum office since last year and I have been asking which year application the are reviewing? every time their answer is the same, saying Summer 2014, summer 2014?. Its hard to believe that since Jan 2017 to Jan 2018 they have made no progress or not telling us the truth. Is this something that asylum office staff doing on purpose?
I do not know if that is happening. I plan to go to a meeting next week of the Asylum Division and maybe we will learn more at that time. As for Arlington, I do think it advanced from May or June to July, so I guess that is some progress. Take care, Jason
Thanks Jason, that would be great to know more about this new development. As for Arlington asylum office, you mean they have advanced to June/July 2015 or still in 2014?
July 2014 – they are moving. It is almost imperceptible, put they are moving. Take care, Jason
I could never understand the strategy of this office; I applied July 2014 and got my interview last April; a friend of mine applied June 2015 and also got an interview last April!!!
hi Jason,
Greetings !!
I have pending asylum case, I have to change address only to my asylum office and also to EAD application office too , as I got EAD too, were else need to change regarding my case,
Thanks
dav
If those are the two applications you have pending, those are the two places that need the address change (form AR-11, available at http://www.uscis.gov). Take care, Jason
Hi Jason, I got into the United States April 2017 with a B1/B2 visa. The visa expires August 2018. I’m considering asylum process with my wife who joined me on May 2017. I want to inquire on the right steps to take and our chances of being granted asylum. We came in from Nigeria. Expecting ur advice. Thanks
Normally, a B visa allows you to stay in the US for 6 months, so you should check your I-94 (Google “CBP I-94 locator” and enter your info from the US visa – it will tell you how long you can legally stay here). Also, you must file for asylum within one year of arriving in the US – I wrote about that last week. As for your changes of success, it depends on the case. Talk to a lawyer to go over the specifics and get some advice. Take care, Jason
hi jason i want to inquire about if i want to move my case from la to sf！my lawyer said he will do it for me but he didn’t ‘,I want to do it by myself how can I do now?what i need to bring to the sf asylum office?and if they move it can i get the mail that tell me if they move it for me or not? Thank you
You can only move your case is you move your residence in the US. If you move, just file a change of address form with the asylum office (form AR-11, available at http://www.uscis.gov). Then contact them to follow up and make sure your case is moved to the new office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason, I hope you are doing well.
This question is very difficult to summarize but I will try my best.
A woman who entered the United States in 1999 with a B2 visa, but overstayed her authorized time. Was placed in removal proceedings by issuance of a Notice to Appear on October 19, 2004. On April 21, 2005, The Immigration Court denied Respondent’s application for Asylum and withholding of removal and ordered Respondent’s removal to Venezuela.
Respondent’s appeal to the Board was denied in February 2007. Respondent has remained in the U.S. Since entering in 1999.
On July 28, 2015, Respondent’s Step Daughter ( US Citizen) filed an I-130 and was approved on 12/16/2015.
A Motion to Reopen for the purpose of providing the alien an opportunity to apply for any form of discretionary relief was denied because it was filed out of time and also because the respondent base her motion on approved visa petitions filed by her United States daughter, and desire to file for adjustment of status before the Immigration Judge. This was insufficient to demonstrate exceptional circumstances.
It is important to know that in August 2006, respondent was ordered removed pursuant to proceedings commenced on or after April 1, 1997. Because the U.S. Department of Homeland Security has not yet effected her deportation or removal during the period prescribe by law, it is ordered that she be placed under supervision and permitted to be at large under multiple conditions. She has been reporting in person ever since and her next date to report has been scheduled for May 30, 2018.
My question is: Since she does not have a deportation order, could she apply for a straightforward I-485 adjustment of status, or does she need to go before a judge?
I’m sorry for such a long comment; I am kind of lost on what she should do now.
Thank you in advance,
Marvia.
She should talk to a lawyer, but I think she cannot adjust status until the court case is reopened and the deport order is vacated. Alternatively, she could leave the US and try to return with a waiver, but that likely will take years. She should also be aware that she may be detained when she reported in May, so she should plan accordingly (and talk to a lawyer). Take care, Jason
Thank you so much Jason.
Dear jason！can i ask if i have asylum case but i want to let my husband join my case！but he got removal order i do not know if he will impact to my case？we have a kid we send my baby go back My country last year it is gonna impact my case also?，right now i worry about if i go to interview with my husband, will the uscis office can arrest my husband or not?and I don’t know if a good chosie i let my husband join my case right now?or after I get green card then apply him? Thank you for your answer!god will bless you
I think your husband cannot join your case since he has a removal order, but I recommend you talk to an attorney to be sure. I highly doubt he would be detained at the asylum office (they have not done that before, but these days, you never know). Maybe if you win your case, you can file an I-730 for him and try to reopen the immigration court case. As for sending your son back to your country, I do not know whether that would affect your case – it would depend on what type of case it is, and what you fear in the home country. Take care, Jason
Dear Jason,
You are true blessing to the asylum community.
My concern:
I applied for Naturalization based on asylum. I visited the country I fled from for (45 days) due to family emergency.
Question:
Do you I need attorney to represent me in the interview.
or
Can I just explain to the officer, the reason of the visit?
Thank you,
Yrb
USCIS is being extremely strict these days, and so this may cause trouble for you at the interview. You should have evidence of the family emergency (letters, medical documents) and you should be prepared to explain how you remained safe for 45 days (with evidence, if there is any). I do think it would help to have a lawyer assist with the entire case – you cannot be too careful these days. But if you do it without a lawyer, be prepared to explain and present evidence if they ask. Please do let us know what happens at the interview, as that will help others. Thank you, Jason
I will definitely let you know the update.
Have you heard someone got in trouble because of that recently?
Thank you,
Yrb
I have not heard about such a case. Take care, Jason
Hi Jason,
Thank you for your valuable blog. I am an asylee(I don’t have a green card yet) and I travelled abroad using the refugee travel document.
1. Upon my return I was asked unusual questions about my arrival in the US before I applied for asylum and about my visa application by the CBP officer. Is this line of questioning appropriate?
2. They put a stamp on the travel doc saying that if I depart the US that I would have to seek prior permission to return? Isn’t the travel doc enough to travel multiple times till it’s valid? I have plans to travel after 3 month but I am afraid of the repercussions ?
3. How will this travel affect my application for green card?
4. I was away for one month, so does that mean I have to apply for green card one year and one month after my asylum grant?
5. I have petitioned for my wife and kids to follow me here. But they have 10 year Residence where they currently live. Does that disqualify them from the follow to join process?
1 – They can ask whatever they want, but this reflects how strict/nasty they are being towards all non-citizens, even those who engage in actions that are perfectly legal and legitimate. 2 – A Refugee Travel Document should be enough for you to travel and return. It is prior permission to return, so the stamp makes no sense to me (except as a tactic to harass you). I recommend you have a lawyer look at it in order to be safe. 3 – It should not, but be aware that they are being strict there too – I wrote about that on November 13, 2017. 4 – We have never done that in the past, but you may want to talk to a lawyer about that, in case USCIS is interpreting the “one year” of presence with asylum status more strictly. It is an ever changing process, and so you are better off talking with a lawyer (or just waiting the extra month) just to be safe. 5 – If you filed an I-730 for them, it should make no difference whether they have legal status in a third country. Take care, Jason
Hi Neron, can you tell us what countries do you traval with RTD? did you have to apply visa befor you traval?
Thank you.
Holland. No visa required.
Thanks Neron…
Dear Blogger, as an asylee with just a work permit what are the medical treatment choices that I might have? Can I go see a doctor for any form of illness?do I have any advantages I should be aware of?
I do not know about benefits available to people – it depends on your state. I recommend you Google “Catholic Charities” + your city and you ask them – they often know about such benefits. Take care, Jason
Hi Jason,
Thanks for your valuable blog , I have q that, I am here on pending asylum, and my wife and my son 8 age, they in my home country, and my son behaving not good in education, we get complain from school. he not studying, not writing and not listen to any teacher, school people think may be due to his father absence and school suggest to see the good doctor about this,
so my q is that, can they try to apply for visitor visa, and tell the all actual truth, why they apply visitor visa , like my son facing family separation problem and his father not able to come due to his case running etc, do you think they might get visa, and should we try?, they already got two time rejection few years a go,
Kindly advise , Thanks
They can try, but I highly doubt they will get a visa. In general, if the embassy thinks a person will seek asylum, they will not grant a B visa (the asylum would not affect other types of visas, like H1b). You might also try to expedite your asylum case based on these problems. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I have a pending asylum case , I am working in IT field and my company ready to process H1 visa for me. Does this will effects for my asylum case?
You have to tell the H1b lawyer about the asylum case, and hopefully the lawyer can advise you about your eligibility for the H1 visa and whether you need to leave the US to get the visa (and whether it is possible for you to leave and re-enter). You need to be careful about that, and I recommend that anyone who leaves the US to get a new visa also get Advance Parole (I wrote about AP on September 11, 2017). Take care, Jason
hi Jason,
pls I have a friend that seek asylum in the US in 2017 which is still pending and the husband came to the states with a visitor visa and wish not to return.what can she so as concern the husband stay?
The husband can join his wife’s case, or he can file his own case if he has a separate claim for asylum. Contact the local asylum office to ask about the procedure to add the husband to the case, if that is what they want to do. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
hi！i want to ask if i get interview notice in la！but i live in sf！so my lawyer said you can not interview in la you must go back to san fransico to interview is that truth？and after my lawyer postpone my case to sF ！how long i can get interview Again in SF！my lawyer said usually i need wait fo 1—2 months！ is that truth？
You should have changed your address when you moved, and they should have moved your case to your new office. If that did not happen, then they would schedule the interview at the old office. You could have attended the interview as scheduled (in LA), but they would have asked you about your address and why you did not change it to SF. Now, it sounds like the case will be moved to SF. I doubt that will be 1 or 2 months, but maybe. In any case, you will not go to the back of the queue, and once the case is moved, you should get an interview pretty quickly. In my experience, it takes several months to move a case from one office to another. Take care, Jason
Hi Jason,
Thanks in advance for your advise. I am an asylee and currently filling the i-485 form for adjustment of status. I came across a couple of questions that confused me:
1. Part 8(17) ‘Have you EVER violated the terms and conditions of your non-immigrant status?’ — I have applied for asylum after my non-immigrant visa had expired and I was wondering if that amounts to violation of the terms and conditions.
2. Part 1(23.a) ‘Form I-94 Arrival-Departure Record Number’ — which I-94 number am I supposed to use? the first one that was given to me at the airport during arrival or the one given to me after asylum was granted.
3. Part 2(3) ‘Receipt number of underlying petition’ — what do i submit here (my alien registration number?) as i don’t have a pending petition
Thanks for your time again.
Regards,
guwan gzu
I cannot answer specific questions about forms. I did write something generally about this issue on November 13, 2017. If you have such questions, you should sit down with a lawyer who can become familiar with the specifics of your case. Take care, Jason
hi Jason,
I have quick q , I am here in CA on pending asylum, can I change state due to good opportunity for work, can I fly, is there any problem to fly between two state, I have my DL, ID, SS too, kindly advise is there any problem to fly,
Thanks
Hi jason
One more q that , can i continue my asylum case in ca and work in other stat and get po box in ca with my brother so he can check mail regulars, so its necessary to show my physical add, kindly advised
Generally, you need to tell them the address where you are. I wrote about this on June 24, 2015 – maybe that would help. Take care, Jason
You can change states, but that may cause your case to be moved to a new asylum office. If you move, you should change your address using form AR-11, available at http://www.uscis.gov. Take care, Jason
Hello Jason,
I have an asylum application waiting a decision. I have been interviewed twice and the last interview was on July, 2017. I have inquired with the asylum office but they gave me no reason for the delay.
1. I am thinking about requesting assistance from the ombudsman since it has been 7 months since the last interview and they could not provide a reason for delaying the decision. Do you think that it’s too soon? If so, how long should I wait?
2. I also want to submit an FOIA request. There is a question on the form about describing the records that I am seeking. What kind of records can I ask for? Can I ask for all of the records that they have? And what are the commonly requested records for asylum applications? Thank You!
Best
1 – There is no time limit on this, so you can ask. I doubt they will be of much help, but there is no harm (or expense) to ask. 2 – If you want your asylum record, you can request that. If you have other records (visa applications, other types of applications filed with USCIS, etc), you can ask for those too. Take care, Jason
Dear Jason
I have a question a bit urgent
I submitted my asylum application during June of 2016 after I was in the U.S. around half year. When I came here at first was F1 then I got my EAD during end of 2016. Then I found a full time job. My current company can sponsor me for H1B. I know the H1B is getting more strict than before. If I apply for H1B does it affect my asylum status or not ? Probably waiting for around 8 more months or less I will have the asylum interview. If I apply for H1B does it mean my current asylum case will be closed ?
If you are still in valid F-visa status, you should be able to change to H1b without leaving the US, and the asylum case should not affect that. If you have an H1b lawyer, tell the lawyer about the asylum case, but you should be fine. You can try to cancel the asylum case if you have H1b, or continue the asylum case – that is up to you. Take care, Jason
Dear Jason :
My asylum interview was conducted on 03/06/2017, and so far, I have not received the decision on my case yet.
So what can I do right now?
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
Hi! Jason Dzubow
I admire for you’re advice without charging fee.
If asylum seeker in court can’t give asylum what do he do next?
It depends on the case – there are other defenses to being deported besides asylum. You should talk to a lawyer about the specifics of your case. Take care, Jason
Dear Jason,
I have green card based on asylum and I want apply for Travel document. Which option applicable to my case:
– Re-Entry permit
or
-Refugee travel document
or
-Advance parole document
I look forward to hearing your advice.
Thanks
The most normal form for an asylee is the Refugee Travel Document, which you can use in lieu of a passport. You can also get a Re-entry permit, but that is normally for people with a GC who are traveling on their home country passport. Asylees should not do that if they can avoid it. Advance Parole is not for people with asylum. The form for all these applications is the I-131, which can be found at http://www.uscis.gov. Take care, Jason
I am sorry Jason I am little bit confused
Which permit should I apply for if
-I have Green card based on asylum. (My country passport has already expired) ?
Thank you so much
Either one – it is up to you, but normally, it is better not to travel with your country’s passport, and in that case, you would want the Refugee Travel Document. Take care, Jason
Hi Jason,
Thanks for the insight you provide here . I was going through one of your responses to a question and i quote “maybe a year or two ago, the asylum office was more willing to close a case, but not now” . Does it mean that if you are pending asylum case and also on H1B and my company is planning to file a green card for me through H1B and i am planning to withdraw the pending asylum case . Are you saying it would be difficult to withdraw the case now or would it have any negative impact on the green card being filed by my company ?
If you are in lawful status (H1b) the entire time, I doubt you will have any trouble. There, I was referring to people who have no other status aside from asylum pending. But do make sure to tell your H1b/green card lawyer about the asylum case. Take care, Jason
Thanks for the response and God bless you real good.
I have been in lawful status all through my H1B entirety .
Actually i am not the main applicant , my spouse is the main applicant but she added my name when she applied
Now that my company is ready for file Green card for me and i was just worried/wondering if the asylum would have any negative impact on the H1B/Greencard filing ?
Please let me know if it is safe in this circumstances .
I doubt the asylum would have any negative impact, but it is very important that you tell your H1b/GC lawyer that you have an asylum case. Take care, Jason
Dear Jason,
I am an asylee waiting for the decision of the interview. I did my interview in the Chicago office on November 27 and still no answer. What do you suggest should I make an inquiry or wait more? I know that’s it’s unpredictable the waiting time but our case was expedited and I am not from the banned countries. Normally when we will receive an answer.
You can contact them to inquire, but it is probably early for that. It is very common for decisions to take 3 or 4 months, and it could be more (it could also be less). If you want to contact them, you can. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello jason, I received my decision after waiting of 1 year, refferd to court, in remarks in notice of appear; section 237(a)e,,,,,,,you have remained in the US for a time longer then permitted and without authorization. abut jason i submitted my case within 4 months of my arrival. now what should i do,please help me can i appeal at Asylum office, what is next step, or should i go yo court. NJ is my asylum office. in appearance order their is TBD in date and time, what is that mean, thanks
Are from Visa Waiver country?
Theoretically, you can ask the asylum office to reconsider, but they rarely do that. You need to go to court. The section 237 just means that your visa has now expired, so the government wants to deport you. When you go to court, you will tell them that you are seeking asylum (and maybe other relief). You should get a lawyer for the court. TBD means To Be Determined. They will send you the court date by mail, but you should also call 800-898-7180 and enter your Alien number (this is a computer, not a person). Once your case is in the system, you can find your next court date. I recommend you call once a week. Take care, Jason
thank you very much, after my interview last year when i contacted the office, they were saying my case is in background check, so it was hope. and now they send that notice. my visa is expired but EAD is valid, so thats mean i am out of state?
i mean status
If your visa (really, your I-94) has expired, you are out of status. But if you have a pending asylum case, you are allowed to remain in the US until your case is resolved. Take care, Jason
Thank you very much, I want to ask that I need an address to receive the letter, so is this address must in the area which asylum office service to? Do I need prove that I reside at city which the asylum office served to?
You can give a separate mailing address, but if it is outside the Asylum Office’s area, they might assign your case to the office where you have the address (I am not sure about this). You need to keep the Asylum Office informed of your address and they could ask for proof of your residency at that address. I wrote about this topic on June 24, 2015. Take care, Jason
I have read the article carefully already and your blogger help a lot, thank you.
I need make sure since it is very important, what materials that I will mail it to the asylum office which with I 589? Thank you, good wishes to you.
Maybe you should talk to a lawyer, as the documents needed depend on the case. Take care, Jason
Hi Jason, what I great blog I found. Thanks for all you do here.
I have a question, I received a notice to appear before immigration judge. The notice has “TBD” for date and time..
Let me explain, I had a political asylum pending since 2014. In July of 2017 I finally received an invitation for an interview.. but I was already engaged and me and my (now husband) decided to talk to a paralegal(who was filing asylum case for me) because I didn’t want to go through that case anymore….
and we wanted to get married and switch cases and start a case through marriage.
So my paralegal told me to go to the asylum office the day of interview and ask to reschedule it and to use as an excuse – “we are getting married in a few days”
The asylum office said they can’t reschedule for this reason and won’t, and they will treat me as “no show up”.
So I was treated as no show up,
But my paralegal said that was unusual… but I don’t think so, considering my bad excuse… (I don’t work with him anymore)
So I went back home, we got married that week, prepared and filed a new case and now it’s pending since August 2017 The I-485z
Right after we submitted papers for a new case and received a notifications that is in the process – we sent a letter to asylum office asking to close my “asylum case”.
I received a notification a few weeks after saying that my case was terminated. It was in September. I thought it’s all good, now I just have to wait on the invitation for an interview with my new case through marriage.
But in December 2017 I received a letter that says “notice to appear” before immigration judge, with no date and time yet.
I can’t understand, was it a mistake or if I didn’t close my first asylum case the proper way or what’s going on?
Also, I just now got concerned that my work permit that is valid for 2 years, now might be invalid since my 1st case was closed, but I’m not sure?
And I continue working, is it okay?
Jason, could you share your thoughts on this case please. I will appreciate it so much.
The work permit is still valid, and you can extend it if needed. You can contact the asylum office to ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. However, I think this result is pretty normal (maybe a year or two ago, the asylum office was more willing to close a case, but not now). You need to go to any court dates. As long as you do that, you should be able to get your green card. I do think you should get a lawyer to help you. The process can be tricky, especially if you have a tough judge, and a lawyer can guide you through it. Take care, Jason
Hello Jason . I hope you are doing fine and all your followers.
My question is if someone with pending asylum case and want to abandon the case and leave US is he gonna face any problem in the airport. He doesnot want to go through any process he just want to leave
Thank you in advance for your answer
You should not have a problem at the airport, but if you do not inform the asylum office that you are leaving, you will eventually have a deportation order, which will make it very difficult to return to the US. Take care, Jason
So after leaving can he send a prove like the airport stamp to his lawyer to close the case and not have this deportation order if he wants one day to come back here
Thank you very much for the instant reply . God bless you
He could try that, but it has become more difficult to close a case, and so I am not sure whether that will work. Maybe you (or your lawyer) can communicate with the asylum office to ask what they need in order to close the case. Take care, Jason
Dear,
Thank you in advance about you’re usual consultation.
If asylum seeker granted asylum.currently on average how long will take to reunite with his family?
If you are talking about the I-730, it is not very predictable – we have seen cases done in 4 months, but typically it is 6 months to a year. Also, you could get a refugee travel document (form I-131, available at http://www.uscis.gov) and go meet them in a third country. Take care, Jason
Dear,
Thank you for your nice comments and suggestions you are giving us.
I have question related with expediting my asylum interview. Before one month I asked to the Newark asylum office to expedite my asylum interview. I applied with all the documents that I am thinking are helpful to expedite my asylum interview. I also ask them to put on short notice list.
However, they send me a letter only says
“Following review of your expedite request, you have been placed on the short-notice list for the Newark asylum advice”.
My question was to expedite my they answer like. This is what I am confused me.
It means that you are on the short notice list, but they have not given you an answer about your expedite request. You might try contacting them to ask about the expedite request. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I have applied for expedite as well, it was in person on the Arlington Asylum Office, they receive my document and they gave me a copy, but I didn’t get mail. Does it mean it didn’t went through, I have added my name to expedite almost now over a year, still didn’t hear from them, does this could be may be they didn’t add me on the expedite list.
There is a short list, which is a list of people who the asylum office will call if there is a last-minute opening, and there is an expedite request, where you ask to have your case expedited due to a health problem, family separation, etc. Maybe you are only on the short list. You can contact the asylum office and ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, I live around DC area and need a doctor who will do my physical examination for the torture I sustained. On top of that since I don’t have an insurance, will I get that service with cash?
Maybe – You might also look up TASSC – they help torture survivors and I think they do not charge: http://www.tassc.org. Take care, Jason
Hello Jason,
Quick question. My cousin is seeking asylum and his case is still pending. Has EAD because of it but recently got arrested for a DWI. He hasnt been convicted yet but he was transferred to an immigration detention center. Can it be that he loses EAD and his asylum be affected by this?
Thank you,
He should not lose the EAD, but the asylum could certainly be effected. His criminal lawyer needs to know about the immigration case in order to try to protect him (different convictions have different effects on an immigration case). Also, he should probably have a separate immigration lawyer if the criminal lawyer is not familiar with immigration law. Take care, Jason
Hello Jason
i filled my i-589 but using a friend’s address since i didnt have one, i took long to get response then i sent in another copy with a letter having details of my last application. in a week they respond to me that they sent the receipt notice to the address i used and they gave it, but were able to give me my A-number. For unknown reasons my letters were trashed without my knowledge and my days are almost done to apply for work authorization, my question is, is there a way i can get another copy of my receipt or even finger print appointment at a different address?
You can file a Freedom of Information Act request, form G-639, available at http://www.uscis.gov. But this will take several months. Also, it sounds like you need to change your address if you have not done so – use form AR-11. Finally, maybe if you go to your local asylum office, they can help you more quickly to get a receipt, but I am not sure about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Hope you are doing well. I have a question regarding my asylum application. I applied asylum Dec 2016 in Virginia but recently I got job offer from Texas. I want to know if i move to other state, my application goes to tail of the application line for that state or goes to line regarding the date which I applied.
Thanks
If you move your case to a new asylum office, you should be interview as if you originally filed in that office. In other words, you do not go to the back of the line. You may need to contact the old and new asylum offices to make sure your case is moved and that you are interviewed on time. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
my husband has the G1 visa and this is going to another country work, and my daughter who also has the same visa that expires in July 2018 could stay here to finish the last year of high school until June with this visa? Since the school publishes I can not change the visa for student, it lasted 5 months for her to finish school without being harmed.
I need information on what to do…
Sorry, I can only assist with asylum cases here – maybe talk to the international organization and see whether they can advise you. Take care, Jason
Hi JAson
Happy new year. And god bless you for your kind support.
I am on pending asylum since january-2017 and having EAD since July-2017.
My question is being asylum appicant, can I buy business here on my current EAD? One of my friend ( GC Holder) is planning to buy new store and he is offering me for partnership on store. And if we talk about investment , he will invest money for my share too and then I can pay him back later. So can we make corporation on my name officially ? By law is it possible ? will this affect in future? or even after two years when my current EAD will expire ?
Please suggest and help me out.
Thank you sir
I do not see why you cannot do this – there should be no problem. But if you have to leave, you will need to protect your investment (it normally takes several years if you need to leave, so you will have time to prepare. Also, you can renew the EAD card as long as your case is pending, so that should not be a problem. Take care, Jason
Hi! Have question about huge line in Miami.
My case pending from 2015 and if you check the schedule they still reviewing 2013. Does somebody know what happens with Miami office?
They are probably just busy – there are delays across the US, and it depends on the volume of cases, whether they are assigned to do cases at the border, the management of the local office, etc. Remember that you can always try to expedite a case if you have a basis. Take care, Jason
Hello Jason,
God bless you for the help you are rendering on this blog .
Please i would like to know if filing asylum with FGM is still valid under this Trump administration ?
It is, but it is not a guaranteed win – there has been a lot of resistance to granting cases based on FGM (often contrary to case law, and this has been an issue well before Trump). It is still a basis for asylum, and should result in a grant, but you cannot assume it will be granted – you have to do a good job putting the case together. Take care, Jason
Hello jason,
I have a pending case in portland immigration court.My previous Judge was retired.A nea judge will take over my case.I want to contact a court clerk about the new judge .It needs the clerk’s name to get hold of the clerk.But I don’t know the name.Do you know how?Thanks.
If you follow the link at right called Immigration Court, you can find the court’s phone number. Call the number and give the operator your Alien number – they should be able to help you (it is often difficult to reach the courts, so you may need to call several times). Take care, Jason
Hi jason,
Is a pleasure coming back on this forum once again. I really appreciate the great work you are doing. Am glad to tell you that have received my work authorization with that of my family (Myself, wife & 2kids) including our SSN.
have started searching for job with my new status. My question is that can we apply for Medicaid or food snap with our new status without affecting our asylum case/interview in future. I want to apply for it because i havent gotten a stable job. I want to know whether applying for these things could have negative effect case as someone told me that this could hurt our green card application in future. please is it true?
Thanks and i appreciate your usual responses.
Kenny
H
If you have asylum, I think you can receive certain benefits, but if you have an asylum case pending, I think you cannot. But this is not really my area and I am not sure – you should reach out to the State agencies involved, or maybe Google “Catholic Charities” + your city. They often know about such benefits. If you receive means-tested benefits, you have to reveal that when you apply for a green card, but if you are an asylee, it should not be a problem. Take care, Jason
Hello Mr Jason
I’m asylum applicant with pending decision status. My interview was conducted at Chicago asylum office 6 month ago. Recently I have visit asylum office and made inquire about my case. The lady who is working there told me that my case under secondary background check and it’s still pending. Also she mentioned that my case still with my asylum officer with whom I made my asylum interview. Please share your opinion with this situation.
A lot of thanks
It is pretty common for there to be such delays, especially for people from Muslim countries and especially for men, but anyone can be affected by these delays. There is not much to do except make inquiries once in a while. Eventually, you could try the USCIS Ombudsman or a mandamus lawsuit. Take care, Jason
Hi ，
Jason, I don’t know how to find the information I posted before. Can you clarify for me?
Thank you
I really do not know what you mean, sorry. If you are looking for an old comment, I do not know how to recover that – you can try re-posting. Take care, Jason
I wondering if you have time next Tuesday to meet with me for a consultation on my wife’s expired Green Card
If you would like to schedule a consultation, you can email my assistant Sinit at SHaile@DzubowLaw.com. However, I will not be available next week. Take care, Jason
Hello Jason,
Last year Russia banned all activities of Jehovah’s Witnesses, alleging that its activities violate Russia’s laws on combating extremism. There has been continued deterioration of the extremely poor status of respect for religious freedom in Russia. Reports of government imprisonment, harassment, intimidation, and discrimination based on Witnesses’ religious beliefs continued.
For the last five decades, America has been a place that has relatively cherished the freedom of worship for Jehovah’s Witnesses. Previous U.S. administrations made clear its objections to governments’ harsh and oppressive treatment of religious minorities through public statements, support for relevant U.N. and nongovernmental organization efforts. Congressional leaders emphasized that freedom of religion is an important issue to America.
My question is that if the Trump Administration will support ongoing efforts in order to provide immigration protection for Russian Jehovah’s Witnesses who are fleeing religious persecution. Is there any USCIS policy documents after the 2017 Russian ban, and if there is any need for one?
We appreciate if you talk about this issue in a separate blog discussion. Thanks for your answer in advance.
Sincerely yours,
Jessica A. Wilkinson
Alexander Kalisov
I do not know whether the Trump Administration will have anything to say about this issue. We will know relatively soon, when the State Department issues its Country Reports and its International Religious Freedom reports. Usually, these are issued in the Spring, but I know there are problems at State Department in terms of staffing, so we will see what happens. Also, presumably the Trump Administration will support Christian refugees, but since they are attacking all areas of immigration, we will have to see what happens. Take care, Jason
Hi Jason, this is MIsle!
1/ Excluding the originals, how many copies of each document shall I prepare to submit for the asylum office
2/ I applied on august 1 in Arlington VA and the website shows that they’re interviewing people who applied on July but is there any way that you can know which dates of July are being interviewed right now? Just to make myself ready! Your support is always appreciated!
sorry I applied on August 1 2014
1 – You are now required to submit two copies of each document. All documents must be submitted at least one week before the interview. 2 – There is no way to know this. If you filed on August 1, you can expect an interview soon, so you should make sure all documents and your affidavit are ready. Take care, Jason