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
Hallo Jason,I want to file an asylum about race and I am conflicted either to file in new jersey or los Angeles, can I know what chances I have in both states,I feel at home in new jersey but I fear that the grant percentage is low
You have to file where you live. I wrote about this issue on February 25, 2016 (that post is a bit dated), and I wrote something else on this topic two weeks ago. Those posts may help. Take care, Jason
Hi Jason,
I filed for asylum last January 2018 and got an interview this coming March. I am still on valid b2 visa until Feb 28. I don’t think I can sustain my financial expenses here in the US. can I withdraw my application before my b2 allowed stay expires? Will i still be banned to the US? or is it better to attend the interview and wait for the decision then go home from there? Please let me know. Thank you so much.
You can try to withdraw, but they may not accept that. Contact the asylum office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. The fact that you filed for asylum, even if you withdraw, may make it more difficult to get a new visa and return to the US, especially visas like the B and F. It may be easier to get an H1b visa if you qualify. Take care, Jason
I recently moved to a new state,should I update my address with uscis if I intend to return after one year?
You are required to update the address. If you kept you old address and it is a permanent address, maybe you can avoid changing the address. But if you gave up the old address, you would have to change your address with USCIS. Take care, Jason
Hi Jason,
According to the new change, what is your observation on the Arlington case office? How fast are the cases moving?
We have very little information since we stopped filing cases after the change, and now will have to complete any case before we file it (which takes some time). We have one case that was filed in mid-January that is set for an interview later this month, and that is about all I know at this point. Take care, Jason
Hi Jason,
I applied for asylum in November 2015. I would have been called for an interview in 1-2 month but they changed the assignment order of the interviews. Is it true that with this new order I will never have an interview? I also have my wife and new born baby with me here in US. There is no chance to expedite my case?
No one knows when you might get an interview. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
I filed for asylum on 02/16/2017 (priority date) in the San Francisco asylum office. If you take an educated guess, would this new rule delay my case or might expedite it? Thank you for your continued help
I have no idea. My guess is that you will wait a long time – probably years – unless they change the system again. But we will have to see how the SF office progresses through the backlog (or fails to progress through the backlog). If you have a particular problem, you can ask to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Dear Jason,
I have applied for asylum in October 2017. I know you can not predict when it will be, but from your own expertise and experience, is there any chance to recieve an interview notice soon?
Thank you for keeping us updated on the latest news and for your kind advices.
It’s possible. If they really do work backwards, as they have announced, you might get an interview soon. The problem is that I think most asylum office will not be able to keep up with the newly filed cases, so I am not confident they will be able to work on backlogged cases. But if they do, you are near the front of the line. This may vary by asylum office, and so we will have to see how things progress. Take care, Jason
Thank you for sharing your thoughts, we can only hope they will move fast!
Hi, Jason, I have a question about expediting case interview. It’s just too long for me to wait, I have been waiting for an interview since 2014, and my lawyer filed the expedition request via email and mailed to them, a week ago, I want to know do I get any kind of response either the request is accepted or rejected? Do they send this kind of response to me or to my lawyer usually? I know it takes forever to get an response, just want to make sure, no matter they accept or not, at least give me something… thank you.
They normally respond in about a month, and usually to the lawyer. However, in many cases, they simply do not respond. If that happens, you can try following up with them, but we sometimes apply to expedite and we follow up, and they simply never respond. On the other hand, we have had a number of cases expedited, so certainly, you can give it a try. Good luck, Jason
Thank you Jason, we filed, may the odds be ever in my favor…..
Dear Jason,
My asylum case is still pending for decision. I had an expedited interview due to my daughter’s phsycological disorder and depression. Her condition is getting worse day by day. I don’t know when we will receive our decision. Do you think I can apply for humanitarian parole for my wife and daughter?
That is normally used for a person seeking health treatment, and so I do not know if it would work. You can try, though. The form is the I-131, available at http://www.uscis.gov. I do recommend you ask a lawyer for help, as that may increase the likelihood of success. If you have any luck, please let us know as that will help others. Take care, Jason
Good day dear Jason,
Thank you so much for your useful advice, my family got asylum approved after 4 years of separation.
According to what I read, I know that when a family member apply for asylum/refugee in America the family member outside America has no chance to get B1/B2 visa.
I’m outside of America, when the case was pending I applied for B1/B2 visa but was denied.
1) do you think if I apply again the same visa can be issue?
2) do you think I need advanced parole to visit my family?
Or only one way to visit my family is to petition.
Regards,
Good day dear Jason,
My question above still not get answer, I believe that this web is a forum or blog where asylums/refugees seekers, lawyers and … where they can discuss and give advice to each other. I think also my questions still within asylums/refugees framework and also with objective of clarifying to asylum/refugee members leaving in America or aboard.
Good day dear Jason,
You might not received my question bellow.
Thank you so much for your useful advice, my family got asylum approved after 4 years of separation.
According to what I read, I know that when a family member apply for asylum/refugee in America the family member outside America has no chance to get B1/B2 visa.
I’m outside of America, when the case was pending I applied for B1/B2 visa but was denied.
1) do you think if I apply again the same visa can be issue?
2) do you think I need advanced parole to visit my family?
Or only one way to visit my family is to petition.
Regards,
I think you are not correct that no family member can get a visa where one member of the family has asylum. It is difficult to get a visa, but people do get them. As to your questions – 1 – I think you can try, but if the embassy thinks you will remain here permanently, they will deny most types of visas (including the B visa). 2 – AP is not for that purpose. You might try humanitarian parole, if that is appropriate. If your spouse received asylum, the spouse can file an I-730 for you, though that must be done within 2 years of being granted. If your parent got asylum, and you were a minor, unmarried child at the time they applied, they should be able to file an I-730 for you as well, but talk to a lawyer about that to be sure. Take care, Jason
Hello Jason,
I entered to USA with b1 b2 visa, filled for asylum after 3 months that I arrived. Now I have almost 2 years waiting for interview. Can I apply for PERM and then green card and withdraw the asylum application? thanks a lot in advance
Few days after the U.S embassy (where I used to work) evacuated my home country, I had to leave because of an incident (armed group were looking for me). However, I pretended that nothing happened and did not tell my American supervisor about anything. In fact, the day that followed the day I left, I told my supervisor by Email that I was still in my home country although I was actually in a neighboring country . I lied because I thought if I talk I might be abandoned and would not be able to get any visa. Three years later other incidents happened although I remained abroad and never returned to my home country. I reported the more recent incident to some security officials at the state department and never mentioned the first incident. I received an advice to not go back to my home country. Now I managed to come to the U.S and want to seek asylum but it looks like they might use anything against me. Do you think the fact that I lied in some Emails and pretended everything was normal would harm my case?
Certainly, you will need to explain why you failed to tell your supervisors. And hopefully, you have some evidence about the earlier threat. We recently did a case like this, but the person did not report a problem to his supervisors (though he was not very specific about any details). The case was granted a few weeks ago (and disappointingly, when he reported to his supervisors at the time, they did little to help him). Take care, Jason
Hi Jason, you may remember that after the new scheduling rule change, I somehow was scheduled for an interview with pure luck. But before that I was looking for answer if I can let my wife file her own case and include me as a dependent to get a fast interview. So I would like to share what I have found after reading the whole asylum manual and talking with an experienced lawyer. Here is what I have found:
1. for people who are still in status: it is easy and the dependent just need to file a withdrawal from the old case, after this request is approved and he/she can file a new case and add his/her spouse as a dependent.
2. for people who are out of status (like most of us), it is theoretically possible with great risk and troubles due to reasons below:
Asylum manual clearly stats that one can have a independent asylum case while being depended for spouse’s case. in this situation, asylum office will try to (not guaranteed) interview both the cases in the same day. if one of them is successful, both will be granted asylee status (if eligible). no decision will be made before interviewing both of the case in this situation.
HOWEVER, nothing is mentioned for the process of a dependent to file her own case.
According to the lawyer, who has done such cases when a dependent child got 19 so that he couldn’t be listed as dependent of his parents case and had to file his own case, no matter if you are a dependent or principle applicant in an asylum application, you cannot file a new application before having decision on the old one. So the dependent has to be detached from the old case before filing a new one otherwise it will be rejected immediately. Here comes the danger of doing this. One cannot withdraw and apply for a new one int he same application. withdraw is to be done first and if you withdraw while your are out of status, USCIS may immediately sent you to the immigration court. For the 19-year old child, the lawyer had to talk to asylum office staff to tie that two applications together and he succeed. in this situation, it is completely understandable and explainable to the staff. But if we ask this favor just because we want to have an interview quickly, I don’t know how the staff react or cooperate. in this situation, most lawyers would not be willing to do this because it takes time and result is not predictable. instead of refusing, lawyers may try to get a grasp of this procedure and ask a reasonable extra fee from the applicants.
one more point: the lawyer had to personally visit the asylum office and talk to the staff multiple times to tie withdraw and new application together!!!
I think some people will try this (or something similar) and we will eventually learn whether it works. I must admit that I m doubtful it will work, but we will see. Thank you for this info, Jason
Hi Jason
Do you hear about about any new interview schedule under this policy of FI-FO ? Please just to know know if they have started giving out notice to newest seekers.
Thanks,
Yes – Our office filed a case in mid-January and think the interview is set for February 26. Take care, Jason
Hello Jaison,
Hope you r doing good. I have a question regarding the case. My asylum received in first week of december, 2017. So when shall i get the interview according to you and the new changes. And as per immigration thy made 3 priorty categoeries so in which category i will count my self first, second or third?
Will be waiting for your positive reply.
Thanks in advance
Regards.
No one knows. You may get it soon – so make sure your case is ready. But if volume is too high at your asylum office, you may not get the interview for a while. But there is no way to know that until we get a better idea about how cases are moving through the system. Take care, Jason
Thanks Jaisin for ur reply.
Well I have applied from california. Before it was 4 yr
Now in which priorty list am i In ? As I asked you like first, second or third?
Please let me know.
Thanks
If you applied 4 years ago and are waiting, you are a low priority. I do not know what number, but you likely will not get an interview anytime soon unless you can expedite. Take care, Jason
Hi Jason, As you know that J-1 visa has certain restrictions like the Two-Year Foreign Residence Requirement, would those restrictions effect my asylum case if I otherwise qualify? Also, in case I’m granted asylum, would my J-1 previous status effect my eligibility to apply for green card? Thank you.
The J-1 two-year residency requirement is erased by asylum, so it does not affect the asylum case or the GC application if you win asylum. Take care, Jason
Hey Jason,
I had an interview scheduled in Chicago in July of 2017 and I had to reschedule it due to health issues. Since then I got no response.
At that time I was told by local lawyers that it would take couple of weeks to get it rescheduled.
Went to uscis and they said it is still waiting to get rescheduled.
Is this normal? How long is it taking for such cases in your area?
Thank you!
Normally, a rescheduled interview should be fairly quick. You should contact them again and ask. You can find their contact info and email if you follow the link at right called Asylum Office Locator. If you go in person, maybe ask to speak with a supervisor. Take care, Jason
I appreciate your help.
When i check online based on my LIN number is showing only that my work permit was sent out last year, when i check by my receipt number is showing that is not recognized.
I had my interview 4 months ago, waiting for a decision.
Why my ZCH number is not working?
You can check your work permit receipt number on line, but not your asylum case number. Take care, Jason
Hi Jason,
Hope your are doing good.
I applied for naturalization and after biometric received the status has been updated online to :
+++Case Is Being Actively Reviewed By USCIS+++
My concern is
All people who applied never received such that status, instead was updated to
+++ Inline for interview +++
I Was wondering about the difference ??
Your opinion please
Thanks ,
I don’t know, sorry, Jason
Dear Jason,
How does the new rule affect the time frame for people waiting for decision? Is there anyone who applied in the Chicago office recently and got a decision? Please share your timeline. We are waiting for our decision for 2,5 months.
It has no official effect, but if they are focusing on new cases, old cases, including cases pending decision, could be slower. We will see how things go. Take care, Jason
Hello Jason,
I have entered US in February 2017 with B2 visas and I am planning to apply for asylum this month before one year is past. I have apply for F1visa more than 6 months ago but no decision on the case ( They have received my application). Is it going to be a problem having pending F1 and new application for asylum?
Thanks in advance for info.
It should have no effect on the asylum case. However, it might cause the F-1 to be denied – if USCIS thinks you plan to stay permanently in the US, they will normally deny an F visa. They may not realize you filed for asylum, and so it may be approved, but you should be prepared either way. Take care, Jason
Hello Jason,
I’m in the U.S on J1 visa and I’m planing to apply for asylum. However, I lived in Europe for few years legally after fleeing my home country and before arriving to the U.S. I did not seek asylum in Europe because I worked for the U.S government and also because the danger I faced is a result of my work with the U.S government. Assuming that I have a merit case and strong evidence of persecution, do you think my residency in Europe prior to my arrival to the U.S or the J1 visa I used to enter the U.S are problematic enough to make them U.S deny me asylum. Thank you.
We have done many cases where the person lived in Europe for a time, did not seek asylum there, and came to the US for asylum. The main problem would be if you returned from Europe to your home country. If you did not do that, and as long as you are not “firmly resettled” in Europe, you should not be blocked from asylum. You should, however, explain why you did not seek asylum in Europe. Often, it is due to language issues, having family in the US, and sometimes due to problems with racism in Europe. It would not hurt to have a lawyer help you present this point. Take care, Jason
Thank you jason. I don’t have family in the United States but as I said I wanted to come and seek asylum here because of the language and because I worked with the US gov. I hope those are strong reasons. As for my case I have a lot of evidences. Do you take cases out if Washington DC??
We can do cases anywhere. Take care, Jason
Good day dear Jason,
When an asyleee/ refugee petition for his/her spouse I know he/she will fill the form I-730 and submit.
1) Is there any form she/he will submit to USCIS along with I-730?
2) when a relative leaving outside of US goes to interview, is there any USCIS form he/she suppose to bring to interview?
3) I’m asking these questions because I saw a form I-864, the asylee/ refugee as petitioner should also fill this form then send it to her/his spouse outside of US? Does he/she need to show that he/she as means to support him/her?
Sorry – I can’t answer specific questions about forms, so I can’t respond to all of this. But you are right that the asylee files form I-730 (one for each family member). Once that is processed, the family member will have to go to the embassy and present additional evidence. The I-730 instructions cover most of that. Take care, Jason
Hey jason
Can you write something about the new draft? I got my asylum 2 months ago. I am working and going to school. The only benefit I am receiving right now is medicaid. But under the new draft circulating ,Its says the USCIS will deny permanent resdency to immigrants who receive public benefits. Is it wise to stop my medicaid early ?
I do not think this will apply to asylees or refugees. If I have any new info, I will try to post about it. Take care, Jason
Hi Jason,
Will use of health insurance credit through Healthcare.gov impact decision of asylum application by anyway too?
Thanks for your time.
I do not know why it would have an effect. I have not heard about anyone having such a problem. Take care, Jason
Hi JASON,
Thank you for help we find through the work you are doing.Personaly I have find light and knowledge .I have being encouraged by your advises.God bless you and be successful.
I applied for I – 589 in Jan 2015. Last year , my younger brother was killed by same people (I had e fear of life in my home country) and now my parents are alone in my home country and they both are handicapped more then 60%. Any possibility I can expedite my case .
You can try. The problem is that even if you win, you cannot petition to bring your parents here. If you had a spouse or child, it would be a stronger reason to expedite. Anyway, it is worth a try – I wrote about expediting cases on March 30, 2017 – maybe that would help. Take care, Jason
Hi, Mr Dzobow,
I am happen to want to know did I need seed the evidence of my application with my I-589 form of asylum, and proof where I live.
Best wishes to you and thank you
Jay
I am not sure what you are asking. However, the new policy is to try to interview cases soon after they are filed. So if you are filing a new asylum case, it is probably best to include all the evidence and statements with your application. Take care, Jason
Thank you very much.
Hello Jason! I believe god bless you for you free support to people! Nowtime such a people like you too hard to find. I have another question. 1. I applead my i-589 with my wife and US citizen son on december 2016 and get receipt on 1/3/17. Now if we divorce here what will happen with our case? I’m the applicant, what will be her status in US and if i marry to other US citizen what steps should i do?
If you divorce, only the person who is the main applicant will have an asylum case. The dependent will have to file his/her own asylum case or seek some other relief (or leave the US). If you re-marry a US citizen, you may be eligible for a green card that way. Talk to a lawyer about that to make sure you are eligible. Take care, Jason
Hi Jason,
Do you think the new interview system of the asylum, would have any consequences on the Naturalization process?
If ye, faster or slower process?
Thanks
I doubt it would have any effect. Take care, Jason
Hi Jason,
I have a question about N-400.
I am permanent resident since 2013 I am about apply for naturalization now. I got a ticket/citation from TABC by selling beer(Alcohol) to a minor. Later on they issue a warrant for me and I went to the Jail for one day and then plea guilty , judge fine me some $ and the case is disposed. Its a misdemeanor A case. I have question does its come under moral turpitude .That is the only mistake I did in whole time. I sold the beer by mistake in the Convenience store. The case is disposed I have a certified copy too. Ether I have to apply for citizenship or not .It happen fours ago.
Thanks.
take a lawyer it comes under moral.
I can only cover asylum issues here – I do think this is enough of an issue that you should talk to a lawyer about it. USCIS is being very strict and you need to have someone look at the statute. Take care, Jason
HelloJason and all the followers, i hope you alldoingfine and wish that the new changes may turn for the good of everybody and not to be as bad as we see it that it may cause more delay. I filed for my case in Nov 2015 in NY, I have questions. 1- Do you think with the new changes the cases may go faster than before or the cases before 2018 are going to stuck and may be disappear like what happened in previous time when they made changes on the schedulling 2- does the travel document need me to do fingerprint 3- i went through very tough time and strong depression because of the long waiting alone without my husband and worried about my medical situation and I left the country last month just one day before the new changes in the schedulling of the cases and i didnot close my case yet. My quesion can i file for travel document and come back or its not possible (i have friends in the US they can make it and send it to me ) and i have a medical report show that i need to travel and see my doctor. 4- If i came to my country but i left after short period to other country because i cant stay for long time but i had no where elso to go when i left USA, is it possiple to continue with my case (FMG case) .
Thank you very much for all the help you offer to the followers, god bless you
1 – We don’t know yet, but for a case filed in 2015, I would not expect an interview soon. 2 – I think so. 3 – If you filed for asylum and left without Advance Parole, I think it will be very difficult to return. Talk to a lawyer for help with that. 4 – Maybe, but any return trip to your country will make it harder to win asylum, and will need to be explained. Take care, Jason
Hello , am waiting for my interview since July 2015 LA , my question is :
if I did my interview and still waiting for my decision , Can I get my GC through marriage through normal process ?
And other question , if I received my decision and they referred me to court , in meanwhile , I get married Can I also get my GC through normal process ? Or in this case I had to wait for my court time so that the judge will approve my GC application ?
If you are otherwise eligible, you can get your GC by marrying a US citizen. If you are referred to court, you can still get the GC (assuming you are eligible), but the process is different, and you should talk to a lawyer about that. Take care, Jason
thank you for everything you do for us immigrants. you are our hope to have good information and advice. I applied the asylum in December 2016. It’s about fmg / c. which I am an activist against circumcision. I have 3 girls who live with me. 2 were born here and 1 was born in my country, of which she was a victim of this barbarity (fmg). I have the medical certificate showing how she was mutilated. my question ? can I show the medical certificates of my mother and my sister who are circumcised at a young age? but she live in my country.
You certainly can show that, but it sounds like a strategy question – whether you want to show it. Talk to a lawyer about the specifics of the case to decide that. Also, keep in mind that if a person consents to FGM of their child, that may be a bar to asylum (though in your case, it sounds like you opposed FGM to your child). Finally, the law varies across the US in terms of asylum for people who fear their children will suffer FGM. That does not sound like the heart of your case, but you may want to talk to a lawyer about that as well. Take care, Jason
Hi Jason,
I got so many scars on my body because of the torture I sustained but when I asked the doctor to document those scars for me she said I have to hire a lawyer for my asylum case which I decided not to. I mean I wrote everything by myself and planned to go by myself during interview. So during my asylum interview, if I say I had been tortured before, is it mandatory to bring a document? I live in Virginia?
Find another doctor. Also, you can go to TASSC for help (www.tassc.org) – they help torture survivors and maybe can assist you with finding a doctor and/or lawyer at no cost or low cost. They are a non-profit in the DC area. Take care, Jason
Dear Jason,
Thank you again for bring such a wonderful guide and an awesome human being.
My husband, who was waiting for his asylum application decision, recently received a referral notice from USCIS and a notice to appear before an immigration judge on a date and time yet to be determined.
How long does it take for the court to send the date of appearance?
Do he need a lawyer for the first appearance?
How long do you think the hearing take?
It is indeed frustrating to get a referral notice after waiting for long four years. Do you suggest to continue with the court ( the cost of lawyer is awesomely high) or to opt for a voultarily deportation, imagining the fact that all these court/ case referral is but a way to deport all immigrants.
Please suggest.
Regards!!
How long it takes for the first court date depends on the court and the judge – it is usually at least a couple months, and it can be much longer in some cases. It is best to have a lawyer from the beginning; if he does not have a lawyer, the judge will typically (but not always) give him one continuance to find a lawyer. The first hearing probably only takes 3 minutes, but he may wait an hour or two for his turn. Whether to fight the case is up to you. Where we live, court cases take years, and so you can probably do a payment plan with the lawyer (we do that, and our fee for a full court case is now $6000 – we recently raised it from $4000 because the amount of work is simply too much). I think our fee is similar to many lawyers, though some will charge less and others will charge much more. I wrote about this on March 2, 2016. Take care, Jason
Hi Jason, I have been reading your blogs a lot. I am a national of El Salvador with TPS. We all know that Trump has ordered its termination by September of next year. I have USC children, my parents stay with me. They have permanent residence, but it is three years before they can apply for citizenship. My dad is epileptic and I can not leave him or my mom behind. I don’t have immediate family in El Salvador and going back is not one option I like to consider. So, I like to know if I have options to become permanent resident before TPS ends.
Also, my wife and her entire family had to pick up and move from El Salvador to USA due to threats of killing them back in 2006. They all don’t have a legal status here, but never applied for asylum. Her uncle on the other side came here in 2007 due to threats of killing them as well and they go caught crossing the border and applied for asylum which is pending. So, what options does she have?
You would need to sit down with a lawyer to go over the specifics of the case – I cannot do that here. Two obvious options are asylum for your wife (she missed the filing deadline, but there are exceptions – I wrote about that on January 18, 2018) and Cancellation of Removal for you. You can only do Cancellation once your case is in court, and the normal way to get there is to file for asylum (assuming you have a fear of return) and then losing and being sent to court. You would need to talk to a lawyer about this, and I recommend you do while you are still in lawful status. Take care, Jason
I stay in NC, but I am willing to travel anywhere in the states. If you were in my case, which attorney would you hire for representation?
Usually it is easier to find a local lawyer, but if you can’t find someone you like/trust, you can look elsewhere. Take care, Jason
Hello Jason,
My case was filed in the state of Kansas. But I’ve recently found employment in DC.I plan on staying in DC for at least a year. Do I have to change my address on the immigration website? and if I did, does that mean I’ll be transferring my case to DC? I want my case to stay under Kansas.
Hello Jason,
My case was filed in the state of Kansas. But I’ve recently found employment in DC.I plan on staying in DC for at least a year. Do I have to change my address on the immigration website? and if I did, does that mean I’ll be transferring my case to DC? I want my case to stay under Kansas. (I already have my work permit and driver’s license and have been working for a month now)
If you move, you have to change your address – I wrote about that on June 24, 2015. Unless you have a good basis to claim that you have a permanent address in KS, you have to file the change of address, and this will cause your case to move to DC (Arlington, VA really). Take care, Jason
Jason,
First of all thank you very much for your blog, inspiration and education! You are a true savior and supporter to many people!
I have a question. I am LPR, my boyfriend came here on ESTA visa waiver, he applied for asylum and it is still pending. If we are to marry will he receive green card and when approximately? Thank you in advance
Generally, this only works if you are a US citizen. Most likely, if you are an LPR, he would need to leave the US to get his green card, and this may or may not be possible. Talk to a lawyer about that. The wait time for an LPR to file for a spouse is about 1.5 years, but you can Google “DOS visa bulletin” to see for sure. Take care, Jason
Dear Jason, thank you very much! We tried couple of lawyers, but they weren’t certain … Do you think I can apply as an LPR for spouse, I130 I think, and he stays here, then, when I’m citizen, we can apply for his green card? Will my husband be legal here if his spouse petition approved? He can’t go back to his country(he is scared, his case been pending for 3,5 years, and he has work here) and I have two kids to support…
Filing the I-130 petition gives him no status here, so if he has an asylum case pending, at least he will have that. But if you are gong to become a USC soon, you can file for him once you are a citizen, or I suppose you can do it now in order to have the approval already once you are a citizen. But until you are a USC, he can only get his own green card by leaving the country (and again, whether he can do that successfully, depends on various factors, which I do not know). I don’t think you are doing anything particularly complicated, and it would help to have a lawyer who understands what is going on, so maybe try again to find a lawyer who understands the process. Take care, Jason
Hi, please help me who can. I applied i-589 Asylum Application on December 2016 and USCIS received it and sent me a receipt on 1/3/17 now after this new law my interriew date will be sooner or later? Because it says that they will be processing new applications first, which seems to mean older ones will be delayed more. I had my EAD on September 2017 and got advance parole to visit my fathers surgery in third country and went there for 3 weeks last October. Now what will change for me? I was planning to go my father’s following surgery in third country with my wife and my child. My 2 year old child is citizen of US.
We will have to wait to see how the new policy is implemented. Maybe your case will be faster, or maybe slower, we do not know. As for travel with Advance Parole, the new policy does not affect that. Take care, Jason
Hi Jason,
I have my interview coming up and I filed my asylum petition on December. I do not have yet an Employment Authorization Document. When it comes up in the interview, how I am sustaining myself and I tell the official that I am currently working in construction. Do you think I will be automatically deported? I mean based on your experience, do you see this happening? I do not have an attorney, I filed the application myself; my salary in Venezuela was 10$ a month and I had no means of affording counsel. Please your answer would mean so much.
Working unlawfully should have no effect on an asylum case. However, if you lie about working unlawfully, and they know that you lied, that could have a negative effect. We always tell the asylum office about work without authorization, and this has never affected an asylum case. Take care, Jason
Hi, Jason, the new law leaves me no option but to give it a try to expedite my case, I was wondering, if the expedition request gets rejected by USCIS, will that hurt my case or not? Thank you!
If the expedite request is rejected it has no effect on your case. Take care, Jason
Thank you Jason, my lawyer is helping me prepare it now, so , do you know, according to your previous experience expediting cases, how long would the USCIS reply back ?
For an expedite request? In my office, they were trying to reply within 3 weeks, but sometimes, they never replied. If they agree to expedite, usually the interview takes places within 3 or 4 months (in the Virginia office). Take care, Jason
Hello,
I applied for asylum in January 2016. I currently have 2 years work permit valid until 2020. I didn’t apply through a lawyer, how does that affect my case especially with the new USCIS changes.
Another question, Can i get an advanced parole to travel and come back for an emergency with my aunt? i am not travelling to the country where i filed asylum from. She lives in Europe!
Thank you
I wrote a post yesterday about the new change. As for Advance Parole, I wrote about that on September 11, 2017. Take care, Jason
Did some research on the affirmative asylum statistics for the past 3 years. Despite Trump, new filings in the fist half of 2017 are as high as 2016 (around 10k each months nationally and 1000 in Newark office) . Asylum filings in Newark offie in 2015 was at around 600 but they are scheduling 1200 cases per month on average now, that is why they moved so fast recently. The new rule certainly decrease new filings as it virtually requires applicants to submit all the files and people cannot just submit i-589 without supporting documents to stand in line as before now. Apart from this, cases filed by children are no longer priority and considered as regular asylum cases now.
But the ones who file asylum just to get EAD may not be affected too much by this rule because majority of the new cases are filed by out of status (or close to out of status) people who can still get EAD while waiting for the much more backlogged court dates. As of September 2017, only Los Angles and Newark asylum offices were scheduling more people than new filings for the month (2200s – 1300f, 1300s – 900f respectively), Arlington office was slightly lower (600 schedule – 800f). Other offices’ schedules were far below new filings. If USCIS doesn’t shift resources between asylum offices, Los Angles asylum office will become the fastest to get interview. Newark office may be able to make some progress (move 2 months in every 3 months maybe?) and other offices may not even be able to finish the new filings and just stuck with priority 2 cases. Currently, we may only hope that new affirmative asylum filings decrease to 2014 level so that all Asylum offices can handle new filings and make some progress on the old cases. How things work out may be a little clear in 2-3 months when we are able to see the asylum statistics for the next quarter.
Thank you for this, Jason
Hi Jason,
Please help me to understand this. I saw it on USCIS website that On January 2018 they chaged the processing location for certain Form I-730.
Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States as refugees. Petitioners and/or accredited representatives who file refugee-based Form I-730 petitions will receive further instructions when IASB receives their filings.
Form I-730 petitions filed by persons granted asylum will not be affected by this change.
My husband submitted I 730 application on November 30th 2017 and I am waiting for an interview in my country. Is there any effect on the changes they made on January 12 ,2018 on the application submitted before that date?
https://www.uscis.gov/news/alerts/processing-change-certain-form-i-730-petitions
Thanks.
My understanding is that there is no change for you. We will have to see how things work moving forward, but my impression of that change is that they are shifting workloads around, but there should be no effect on the cases. Take care, Jason
Dear Jason,
I have a pending asylum case since March 2015 (I filed in Los Angeles), in September 2015 I moved to N.J and transferred my case, since then there is no any update for my interview, I have the following questions:
– Based on FOIA I found that my clock was stopped at 185 days, and it is written that my status ” Asylum applicant with Work Authorization”, what does it mean? Can I get an EAD based on C8?
– Last interview schedule was they are processing in December 2017 the cases filed in September 2015 (but I filed in March 2015), and never heard anything, I am scared that my case is lost!!!!
I have a lawyer – but their firm never respond to my questions.
If 185 days have passed on the asylum clock, you should be eligible for a work permit. USCIS just changed the way interviews are being scheduled – I wrote about that this morning; take a look. As for the lawyer, they are obligated to respond, and if they do not, you can file a bar complaint. You might just fire the lawyer (and ask for a refund) and try to find someone more responsive. Take care, Jason
Hi Jason,
Just for your information. I beilee there is a technical issue with the quatsions sections now.
When I press on your email to link on the right side, it takes me to this page and not to the regular page that it used to be shown.
Please advise if there is any other route to get to the orognal page.
thanks,
Yrb
I know there are some issues with the blog. One day maybe we will update the format, but I am not sure exactly what you mean in this case. Take care, Jason
Thank you Jason.
You are doing a great job for everyone.
https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-interview-scheduling
Dear jason,
My name is leul,unfortunately i filed my asylum case on January 2015 right after the asylum office changed how they priorities cases and i have been waiting for an interview for the past 3 frustrating years being separated with my spouse.
Now USCIS again came up with a new strategy for prioritizing cases which is last in first out which will benefit those people who applied recently but which shows 0 regards for the people who have filed and waited for more than three years .
Dear jason,we are really in pain and we have already suffered more than you will ever imagine .we have families, kids who have been suffering along with us.
With this coming i don’t even know what will happen to my family anymore and i don’t know where to go from here.
As to my knowledge US is a country where every human beings have equal right and treated equally.
Is there anyway to address our problem?will the office consider and expedite our case?
We need your help please.
I wrote about this today. The short answer is we do not know much about how this will work. We will see in the coming months. You may want to try expediting your case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Your thoughts on this recent statement from the USCIS:
Starting January 29, 2018, the Asylum Division will give priority to the most recently filed affirmative asylum applications when scheduling asylum interviews.
USCIS’ predecessor, the Immigration and Naturalization Service, first established this interview scheduling approach as part of asylum reforms implemented in January 1995. This approach was in place until December 2014. The aim is to deter individuals from using asylum backlogs solely to obtain employment authorization by filing frivolous, fraudulent or otherwise non-meritorious asylum applications.
Giving priority to recent filings allows USCIS to promptly place such individuals into removal proceedings, which reduces the incentive to file for asylum solely to obtain employment authorization. This approach also allows USCIS to decide qualified applications in a more efficient manner.
USCIS will now schedule asylum interviews in the following order of priority:
•First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS.
•Second priority: Applications that have been pending 21 days or less.
•Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings.
Workload priorities related to border enforcement may affect our ability to schedule all new applications for an interview within 21 days.
Asylum office directors may consider, on a case-by-case basis, an urgent request to be scheduled for an interview outside of the priority order listed above. Please submit any urgent interview scheduling requests in writing to the asylum office with jurisdiction over your case. Go to the USCIS Service and Office Locator page for contact information.
For asylum applicants who live far from an asylum office or an asylum sub-office, asylum offices schedule asylum interviews at USCIS field offices (“circuit ride” locations) as resources permit. Please contact the asylum office with jurisdiction over your case for more detailed information.
I did a post about it this morning. Take care, Jason
Hi Jason,
I need you advise. I am an Asylum applicant and my individual hearing will be in the month of June 18. I am principle applicant but my wife and my kid (lived with me) also include in my case.
My wife has thyroid nodule and its big that need to be operate urgent. My inlaws lived in Canada.
Can she go to canada to operate for partial removal of thyroid gland so that her mother can take care of her and kids too and ofcourse for her rest.
I need your advise please.
Thanks
If she is in court and she leaves, she will be considered to have deported herself and she most likely will not be able to return. If you have a court case, you should have a lawyer. If so, ask the lawyer to communicate with the DHS lawyer – maybe it is possible for her to travel due to this emergency, but I think this is a long shot. You can Google “Catholic Charities” + your city and maybe you can talk to them – they might have ideas for her to get health care in the US for free or low cost. Good luck, Jason
she is covered under insurance. my only concern is to take care after operation to my wife and kids. Her mother is in canada
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Please help me! JASON! I got withholding of removal granted since 2014, and even I renewed and got my EAD last month. then today I got ” notice to removable alien”?? required me to go to ICE on MARCH,12 2018!!
Please I am total devastated.
They cannot deport you unless country conditions have changed. Most likely, they are just doing it to harass you (which, unfortunately, is pretty common). I wrote about this issue on December 10, 2015 – maybe that post would help. If you are very worried, hire a lawyer to go with you. Good luck, Jason
Thank you so much!! I did read everything u posted on those issues. Big help!!
Hi, Jason,
I came to ICE with my lawyer today. They just said that no judge’s WOR granted paper in my file!! So I thought it’s fixed, but they still have “order of supervision” to me. I have no even little mistakes, and I’m a single mom with one citizen son. Can I complain it?
There probably is a procedure to complain about ICE, but I do not know what that is. And it probably won’t help much anyway. A person with WOR can be under ICE supervision. They cannot deport you. In my experience, if you comply with their demands (usually wanting you to go to various embassies and ask them to let you live permanently in their country), they well eventually leave you alone. Take care, Jason
Thank you !!