Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Hi Jason,
I file for work permit and on the place about the status I put mine but did not precise that it was expired 4 days ago. When I saw a post here yesterday saying that I could put in place, pending asylum I felt so concern. But I joined a copy of my visa together with i94. Do you thing this could be an issue?
Thanks in advance.
I doubt this will be an issue, but normally, if USCIS has a problem with the case, they will send you a request for more info, and you can respond. It is not a big deal. Take care, Jason
Hi Jason,
Want to read your blog on address change and background check. If you have already written on this, please provide the links. Thanks
I wrote something about that on June 24, 2015. Take care, Jason
Dear Jason,
Hope u r fine. Sir i have to bother you again by asking few question. Plz help me out.
I want to know that if i transfer my case from one state to other for chnging job. So how long it will take to process to another state? Does it effect to my case?
Second wanna know that we applied for asylum in end of Nov 2017 and not get the work permit so as per new law what dobu know by when we will have interview and do we get the work permit or not?
Third and Last You know witout work we cant survive. Is there any benifit from govt for pending asylee?
Will wait for your reply.
Thanks
1 – I am not sure I understand. If you move to another state and your asylum office changes, they will transfer your case to the new office, but you keep your place in the queue. You may need to contact the asylum office to make sure the case was transferred. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – You should get the work permit. You can apply for that 150 days after your case for asylum was received. When the interview will be, I do not know. 3 – Not that I know of, but it may depend on he place that you live. You can Google “Catholic Charities” + your city and ask them – they know more about such things and help all immigrants. Take care, Jason
Thanks Sir,
But I wanna know this case transfer will take time or it will transfer immediately. And Lastly if i take catholic charity or any benifit so will it effect on my asylum case?
Negative or positive ?
Thanks Jason
Moving a case to a different office can take several months, but you keep your place in the queue. If you get public benefits, it should not affect an asylum case. Take care, Jason
Hello Jason
I am expecting an affidavit of support of facts for support for my claim from the secretary of my political party back home. In support of the affidavit will it be OK for the secretary to attach a copy of her birth certificate as an exhibit to the affidavit because her ID card has been seized by police. Which other documents could be inclusive to support the affidavit? I will appreciate your idea. Looking forward to your feedback.
Regards
Also can she attach her driving liscense as an exhibit to support she is the original deponent and is it ok for her to put the official stamp of the political party on the affidavit ?
regards
I don’t see why not….
I guess that is ok. She could also use some other photo ID from work or school, she could have the letter notarized, and/or she can include her business card or other evidence of her position in the party. Also, make sure to include her contact info. I wrote a post about witness letters on August 16, 2012 – maybe that would help. Take care, Jason
Hi Jason,
is there a chance that the Arlington office will be closed tomorrow due to the weather condition? I have an interview scheduled at 10:00 AM and I don’t have a lawyer so I’m really worried; any thoughts would be helpful; thank you.
Ami
If the federal government in DC closes, it will probably be closed. If there is a delayed opening, you should probably just show up normally. If it is closed, the case will be rescheduled within a few weeks or a month, so don’t worry too much about this. Take care, Jason
Jason, is possible to bring along some missing documents to asylum office, which you were not able to provide during the interview?
Thanks.
Yes – the officer does not have to accept them, but often, they will. Bring two copies for the officer, and also bring the original (if you have it), which you will show the officer, but keep. Take care, Jason
Great, thank you so much.
Sir, I have received my first EAD card on 25th Feb and 10th March I have reveived my daughter SSN {she is 10 year old}.
I just need information that do I need apply for SSN or I have to wait, it will come automatically?
If you asked for it on the I-765, you should get it in the mail. If not, you would have to apply for it with the Social Security office. Take care, Jason
I had an Interview Dec 2016 & still waiting the final decision up to date.
I just got letter form USCIS about that I dont need to re do the bio-metric or Fingerprint. is that good sign to get the decision soon?
Thanks
It might be, but not always. 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
Thanks so mauch..
Hi Jason,
I have visit US (without my family) on one occasion in 2017 with B2 visa for 7 days and I have return to my home country. After two months I have return to US with my wife and child. We have applied for asylum in 2018. Do you think this one visit to US could be a problem for asylum case? Thanks in advance for answer.
The visit to the US is not the problem. The problem is that you returned to your country (which you claim is dangerous) from the US (which is safe). You will likely be asked about why you returned and you will need to explain the return trip. Returning to get your family might be a good enough reason, but I think you have to take this issue seriously and be prepared for it – maybe talk to a lawyer to get some help. Take care, Jason
Hi Jason,
I am waiting on a decision after a second interview which was 9 months ago. At the interview, the officer retained my original temporary diploma of my university degree and I was told that it will be mailed to me with the decision. But a decision is pending and only God knows when I would get a decision. So how do I get this document back?
Unfortunately, it is not very easy to get documents back. You should contact the local asylum office and ask about that (and you can also inquire about the status of your case). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi, can you please tell me how did that second interview go? what were the questions? how long did it go?
I have a second interview and I feel really nervous about it.
thank you
Ami
Dear Jason,
Hope you r doing well.
Sir I have a question. Please help me in this.
I want to know that when i got work permit base on pending asylum so after that i can do job in other state temporory or permanent till my interview OR ai have to work on a same state where I file asylum. Is there any way? Currently I am in California.
Thanks and Regard
Hi friend.
I know that we get work authorization from federal government So it doesn’t matter which state you work. All UCSIS benefit from US government.
Hi I mean to ask that I got to know that If you r moving to another state so You must inform uscis for changing location so thy will transfer your case in that state.
I want to know is it true. Also if there is any way that my case will process in california and I can work anywhere ?
Plz let me know.
Thanks
I wrote about this on June 34, 2015. If the move is permanent, you need to change your address. But if it is temporary, and you keep your permanent address, you probably do not need to change your address. Take care, Jason
You can work wherever you want. However, if you permanently move to a new address in the US, you need to update your address with the asylum office using form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi
What do mean by permanent ? Like how many month they counted as permanent ?
There is really no answer to that questions. If you maintain an address and use it for your license, taxes, insurance, etc., that might be a permanent address even if you live for a period somewhere else. Take care, Jason
Ok. Thanks Alot Jason!
Dear Sir
At the I 130 Interview, my US citizen wife withdrew the Petition as our answers were different. And We live in PA and i am working in NY as a Driver and I could not changed my State ID.
I am using one of my friend’s apartment address in NY and some days i spend night there.
recently Immigration officer from Fraud Detection and National Interest called my friend’s Landlord in NY and asked him about whether I have a lease with him.
I am curious about the immigration officer’s call to my friends landlord.
Are they searching even after withdrawal of Petitions?
Highly appreciated your reply.
Thank you
This forum is for asylum, and so I cannot really answer your question. However, given what is happening, I think you should talk to a lawyer to try to protect yourself. Take care, Jason
Dear Jason,
We are family of 3, provided i-589 to uscis 5month ago. One of us is asylee, other 2 are dependend. Asylee got document from uscis where we can see A-number, case number and approval that he can stay in usa and wait for interview. No info in this doc about dependent spouse and kids. Spouse and kids have fidgeprint doc with another case numbers on the top.
We decided to have trip by plane to other city inside USA. We don’t have usa ID, SSN etc . B2 visa 6month term is finished.
How can we approve in the airport that we are all together connected to one asylum case and we can move on usa territory by the plane same as by car?
I think that you have to use your country passport until you get work authorization and any state ID.
You would have to check with the airline, but maybe the asylum and fingerprint receipts, plus your passports, would be enough. All of you can apply for work permits 150 days after the case was filed (form I-765, available at http://www.uscis.gov), and once you get those, you will all have better proof of your asylum-pending status here. Take care, Jason
Hi Jason,
1- My asylum application was received on October 2014 and is currently pending at Huston Office. According to the last updates by the old USCIS bulletin, Huston Office was working on the June-December 2014 cases. How can I know if they have completed all 2014 cases? Should my case be affected by the LIFO decision?
2- I am a master’s degree holder full time employee. Is it easy for my employer to support me getting green card through my job? If they did it for me, will the green card process affect my asylum case?
1 – I wrote about this February 28, 2018 – it is unclear how the different offices are implementing the LIFO policy. I suppose you can email Houston and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. 2 – This may be possible, but if you are out of status, you would probably need to leave the US and get the GC at a US embassy overseas. And that may or may not be possible depending on the case. Talk to a lawyer about the specifics of your case. Also, make sure to ask the lawyer whether you can complete the entire process and get the GC, and how that would happen. Take care, Jason
hello Jason,
Can u please tell me when i get my green card and once i arrive in states, can i divorce my husband? will it affect my citizenship? can i travel back to my country after receiving green card? what is the whole process please let me know… and yes my husband is also a green card holder…
Thank you
I cannot advise you about this as it depends on the case, so you would need to talk to a lawyer about the specifics of your case. Take care, Jason
Hi Jason
I recently came to U.S and came to know about the recent changes in asylum system and didn’t file my asylum case as yet since i also heard that approval rates have dropped down to 29% which show the strict policies towards the asylees, well i have Canadian visit visa too, being a lawyer what you suggest where should i apply for asylum US or Canada for better results.
Thank you
I do not know about approval rates in Canada, and my experience has been that good cases are approved. So if you have a strong case, you should be able to win in the US (or in Canada too, I guess). I think you should decide where you would rather live, and apply there. If you do choose to Canada, you might want to talk to a lawyer there first, as there may be restrictions on applying for asylum in Canada if you have been in the US first. Take care, Jason
Hello Jason!
We are asylum applicants with pending decision status. I’m included in my wife’s case. So if we receive the decision (no matter approved or denied) do we receive only one envelope or 2 envelope for each of us?
Thanks
I think you get one envelope. Take care, Jason
Jason, I recently had my interview and I think it did not really go well. Moreover, the officer kept cutting me every time I tried to say some information which was directly or indirectly relevant to me and did not give me a single chance to say any facts.
The officer also did not look into my supporting documents and said that I can leave the copies to the front desk after the interview.
Should I complain in this case? What are my options?
Thanks in advance.
I think you should at least write down what you can remember of what happened. Maybe it is worth a complaint – if the officer did it to you, he/she probably did it to others. But if you complain, try to be as specific as possible. Your other option is to wait and see what happens, and if you are denied, file a motion to reconsider (within 30 days) explaining the problems. I am not sure which path is better. Maybe talk to a lawyer to go over the specifics and see what the lawyer recommends. Good luck, Jason
Could you tell us when did you file your application?
sorry to hear about your terrible experience with AO. Which office is that?
Thanks Jason,
Chicago office files in Dec 2015
*filed in Dec 2015
Thanks
Jason, I recently had my interview and want to move to another state. If I change my office, will it delay my case?
Probably not, though I suppose it could if they need a second interview and decide to do that at your new asylum office. Normally, we would just expect the office that interviewed you to make the decision. Take care, Jason
Hi Jason,
I have a schedule date for asylum interview (for my wife and one of my daughters) and my problems that I have two minor children (one is 9 month old not included in asylum case and other is 4 year old included in case).
– How long usually last asylum interview with the officer?
– If interview is gonna last for many hours is my wife obligated to be present all the time?
– Because we don’t have anybody to take care of them while interview is on (to keep them out of the office) can we keep them together with us all the time? How this usually work during the interview?
Thanks in advance for your info.
imagine the asylum office like your local DMV. you go to check in with the window and wait in the lobby. Then your officer will call you to his office. Your wife will stay with your children in the lobby until your interview finishes (which normally lasts between 1 – 4 hours). Then officer will call you to his office and you will stay in the lobby with your children until your wife comes out ( which normally lasts 20 minutes if your asylum statement doesn’t feature your wife. If you also talked about your wife in your story, she may be asked a of questions too, sometimes for 1-3 hours, which is rare but possible). so prepare food and drinks for all of you for the while day.
1 – It can be an hour if the officer is super fast, normally a couple hours, and in some cases, many hours over multiple interviews. 2 – You can ask the officer about that. 3 – They normally wait in the waiting room until the officer talks to them (usually at the end of your interview), so your wife can stay with them, or maybe you can find someone to help you. Take care, Jason
Thanks Jason.
Could you tell us when did you file your application?
I filed my application mid of February 2018.
Hi Jason,
If a person does not get approved during asylum interview, the case is forwarded to immigration judge right?
1. What is the wait time to go to immigration judge in you office?
2. Are immigration judges working according to new rules too (that is cases moving fast)?
3. How many attemps will there be to see the judge before the case gets rejected?
Thank you.
It depends on whether the person is in-status or not. I wrote about that on February 21, 2018 and March 7, 2018. As for your questions: 1 – It is not predictable. It could be a couple months or longer, but usually less than 6 months. 2 – I heard that they would, but I have not seen any evidence of that yet. I think it is too soon to know. 3 – Usually asylum seekers see the judge two times (as discussed in the March 7 post), but it depends on the case. Take care, Jason
Thanks a lot sir!
Hi Jason,
I had my interview last year on April and now I’m scheduled for a second one next week at the Arlington Asylum Office, based on your experience, is that a bad sign? are the questions usually different or the same? my first interview was a mess, it lasted 6 hours, maybe because the officer was new and still under supervision.
thanks in advance for your help.
Ami
You should take it a good sign and prepare well for that. If your last interview was a mess, they could have simply deny your case. They didn’t and they decided to interview you again which means they think you have a compelling case but they need to clarify somethings before making a final decision. If you mess it again, there would be certainly a denial. But if you take lesson from you last interview and study your case well, you have a high chance of approval. So, be prepared for another lengthy interview, be well prepared and don’t mess it again. Good luck!
thank you
Second interviews span the gamut. Sometimes, they re-interview you on everything. Other times, it is brief. It’s also possible that they obtained new info and have additional questions for you. For a second or subsequent interview, I recommend that people prepare for a full interview (and try to recollect any issues that came up in the prior interviews). Take care, Jason
thank you
Hello,
Can the person who prepared my documents (not an attorney) be my interpreter during my asylum interview? She signed the form I-589 stating she prepared the form.
Thank you for your time!
People do that all the time. However, if the person is giving you legal advice (as opposed to just acting as an interpreter), that can be a problem, since it is illegal for non-lawyers to give legal advice. Take care, Jason
Jason, as an asylum seeker, do I have the right to translate my documents myself with such stamp?
I, ***, hereby certify that I translated this document
from *** into English and that this translation is accurate and complete.
I further certify that I am competent in both *** and English to render
such a translation.
I was also told that I can even print such statement and sign it.
Thank you.
You can translate it, but it is better to have someone else review them and sign the certificate of translation. If you do it, there is a conflict of interest, since it is your case and you want to win. I am not sure that they will reject the translations, but they might. And even if they accept them, they will give them less weight since the translator was not objective. Take care, Jason
Dear Jason and bloggers
I see from the comments in your blog that the offices are scheduling interviews for applicants who filed Feb or Jan 2018. Maybe it is soon to judge, but it seems like with LiFo they are working on the newly filed cases without managing to advance to the older ones. Does anyone who applied in Dec, Nov, Oct 2017 has been scheduled for an interview yet?
Thank you 🙏
Some offices are still doing old cases (2014 or 2015) and have not started working backwards though the backlog. Presumably, at some point they will do that, but we will have to see. Speaking for myself, I have not seen any interviews for cases filed before mid-January 2018. Take care, Jason
Hi Jason,
I’m seeking your advice for the case below.
My petition’s application was denied because of “the form was incomplete or missing page”.
1) I know I added one more page 3 for additional info about my US entries.
The instructions on page 2, general Instructions said: “if you need extra space to complete any item, attach a separate sheet of paper, indicate the item number, date, and sign each set of paper.”
I added another entry on this additional page but I didn’t indicate this on additional page3 what the instructions said.
I know the page number is 3, part number is 2, but what is the item number? On this page there is only boxes.
Looking at the page 3, where shall I write the item number and sign? On top or bottom of the page?
2) Also because I have no attorney on page 2 where he supposed to enter his Volag number and state license number was left empty, I think according to instructions I have to put N/A instead of empty box.
1 – I am not sure what form you are talking about, so I cannot respond. 2 – If you have no lawyer, you can leave those spaces blank. Take care, Jason
Form I-730 please.
Hello Jason,
I just want to share info about processing time of asylum cases in NY. USCIS has received my case on February 19th 2018 and I have received a interview date on March 25th 2018 which is super fast. I hope everything will go OK to get affirmation on my case. Best luck to everybody out there.
Thank you for sharing and good luck with the case. Take care, Jason
Jason,
I have a question regarding the translation of birth certificates, diplomas, news and etc, someone translated them for me recently with his stamp on it saying that I CERTIFY THAT THIS TRANSLATION IS CORRECT and I AM FLUENT IN THESE LANGUAGES etc with his name and phone number.
Someone just told me that this type of translation will not work and every translation must be notorized. Is this true?
Thanks.
That is not true. However, the translation should include a certificate of translation stating that the person is fluent in both languages, that she translated the documents to the best of her ability, and giving her name, address, and phone number, and the translator should sign and date the certificate. It does not need to be notarized. Take care, Jason
Thanks Jason.
How about affidavits and medical reports which are from another country. No need to notarize them too?
We never have them notarized. I suppose if there is some way you can provide additional evidence to show that they are authentic, that is a good thing, and so there is no harm in notarizing them. Take care, Jason
Good morning,
I am writing because I am very concerned because I was reading the affidavit that I sent to USCIS and the year written in the affidavit is wrong. It is very problematic bevause the year stated I wasn’t even in my home country. I believe the translator made a mistake but I didn’t submit a Spanish version of my case. What should I do? Should I make the correction now or should I just explain whenever I have my interview?
You might make the correction and submit the corrected affidavit in advance. Or, if you correct it at the interview, make sure you tell the officer at the beginning – do not wait to be asked about the date, as it will look better if you make the correction without being asked. Take care, Jason
Hi Jason,
I enter here as my spouse dependent on visa. Now my spouse is my dependent on my case. Do you think that being my dependent can affect his in case his school will like to extend his stay?
Thanks,
If he is on a student visa, he can stay here as long as he remains a full time student. USCIS could change this (by negating an F visa for people who seek asylum), but I have not seen that happen yet. Take care, Jason
Hello M.R Jason I had my second interview 8 month ago .haven’t receive decision yet ,i was think to make inquiry at officer but my attorney said its not good to ask somone else say you have to ask someone else say don’t worry about just move on in your life, M.R Jason what’s your best advice for me ?to have my case process professional thanks
We make inquires now and again for our clients. I think there is no harm in inquiring about the case. You can find the asylum office’s contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey Jason,
I am having my interview soon and wanted to turn in my supporting documents beforehand for asylum office to read them. How many copies do I need to take?
Thanks.
I think the rule at most offices is an original + one copy. You can contact your local office to be sure. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you sir.
Hey Jason
I just got my asylum three months ago at the immigration court. I have been Busy with school and wasn’t financially struggling , so I didn’t apply for a work permit. I already got my I-94 and SSN and got finical aid for school. But I haven’t applied for a work permit yet. My questions are
1. Is there a fee for post order work permit application for asylees ? Its my first time applying , I didn’t have a work permit
2. Do i need to go to my lawyer ? ( the complexity )
Any additional information in applying for work permit afer asylum grant by the court
Thank you Jason , You have always been a great help
1 – The first work permit after asylum is approved should be free. If you went to the Info Pass appointment for your I-94, they should have helped you with that. If not, you can apply for it using form I-765, available at http://www.uscis.gov. 2 – Check the form, and if you think you need help, you can use a lawyer, but probably you can do it yourself. Take care, Jason
Firstly thanks for the helpful information you posted and quick reply. Due to the new policy has been changed the old applications will wait for a longer time. I heard anyone who wanted to get a chance to have interview faster could add oneselves to short list. The short list was some applications were arranged to have interview but did not attend and asylum office arranged the applications who added on the short list to have interview. Is that true ? For the new policy is it still possible to add on short list ?
I did not really understand your question. Not all offices have short lists, but you can contact your office and ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Short lists still seem to be operating even after the change, but it may depend on the office. Take care, Jason
Hi. If i win green card lottery during the pending asylum case How i can get it. Do i need to leave usa.
You cant claim it unless you have a legal status. I had this situation. You need to leave the country to claim it. To grant you an immigrant visa or not is another story which will be decided by consul.
I wrote about this on October 5, 2015 – maybe that would help. Depending on your case, you may have to leave the US, and that may or may not be possible. Take care, Jason
Hi Jason,
Thank you for the good work to the asylum community. I had interview 6 weeks ago and waiting for decision. I am still on F1 visa status and thinking to withdraw from school and find job with my profession and to get a court hearing incase of denial. My question is, do I have to notify the asylum office once I become out of status? How do you thin I should proceed.
Thank you again
I wrote about the process if you are in and out of status a few days ago and on February 21, 2018, so maybe those will help. How you proceed really depends on whether you want the NOID or you want to go to court. If you do go out of status, you can inform the asylum office about it, but I do not know whether you are obligated to tell them this. Take care, Jason
Hi Jason,
Pls be advised that the new edition Form I-765 Date.07/17/2017, OMB No. 1615-0040 has already been expired on 02/28/2018.
can we use this form right now?
waiting for listening from you soon.
Kind Regards,
SM
If that is the form currently on the USCIS website, it should be fine. Sometimes the forms expire, but there is no replacement, so USCIS continues to accept them. Take care, Jason
Hi Jason,
Yes, this is the latest version in the USCIS Website.
Thanks for your kind help.
Best regards,
SM
hi Jason
my wife and kids have move to USA since 2014 and file for asylum in 2015.
now is tough for my wife to work and look after the kids.
is there any aternative that I can use to join her?
with the new system since Jan 2018. I dont not when she will be called for her interview.
please advise
She can try to expedite based on family separation – I wrote about that on March 30, 2017. You can try to get a visa, but many visas (such as the B or F) will usually be denied if your spouse is an asylum seeker. Other visas (such as H1b and L) may not be affected by this, so if you qualify for such a visa, it may be worth a try. Take care, Jason
Hi jason. I just read old comment which is you answred about some people who had interview for asylum but still no response
about their decision. My question is that can they renew their ead card. I mean Do they have still pending asylum status?
2.is This problem still same after new asylum rule?
If you have been interviewed and your case is still pending a decision, you can renew the EAD. The new rule has no effect on this. Take care, Jason
Hi Jason,
I jave a question about submitting evidences for asylum case.
Do I need to file them to USCIS before my interview with the officer or I can present the on the day of the interview?
Can I file evidences moment I receive a date for the interview?
Different offices have different rules. In my local office (Virginia), you must file evidence at least one week in advance. You can contact your local office to ask about the rule. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi jason.
1.Can i apply student visa during the pending asylum case?
If yes. Do I have to leave US. How can i obtain it?
2.Does it effect asylum case?
Does it effect any other application such as EB-3 visa?
1 – USCIS would probably deny a student visa if you have a pending asylum case. Whether you have to leave the US to get that visa, depends on the case. You would need to talk to a lawyer about that. 2 – Applying for a student visa should not affect your asylum case. I do not think it would affect a pending EB-3 cases either, but I do not know about that. Take care, Jason
Hi Jason,
Greetings
Quick q , po box can uses as physical add and mailing address, as physical address changes many times as staying in sharing apartment kindly guide, thanks
You can use a PO Box as a mailing address, but make sure to check it regularly, in case you get mail. Take care, Jason
Good Morning Jason,
Our Final hearing will be in the month of June 18 for Asylum. Our case is very strong but just in case due to a fear of deportation from USA, my wife is applying for Student Visa to Canada for upcoming session may be Fall 2018 or January 2019 intake. So below are my questions
1. How much time do we have to file an appeal after rejection and what do you think how much time we have after filling an appeal?
2. If she got approved for Student Visa, Can we travel to Canada instead to go back to our country where we have fear?
I don’t know the law of DHS that if somebody got rejected with their Asylum they must go back to home country.
Please advise.
Thanks,
ALISA
1 – There is not appeal. If an asylum case is denied at the asylum office, it is sent to court (unless you are still in status). The time frame is not predictable. I wrote about this process yesterday in a post. 2 – I imagine so, but you would have to ask a lawyer in Canada. You do not have to go to your home country if asylum is ultimately rejected, but you do have to leave. Take care, Jason
Hello Jason,
I am going to inquire the following questions at local asylum office. It would be greatly helpful if you can help me have a look before that.
My mum filed her case in December 2015 with my dad as a derivative. When they filed, my mum do put my personal information on the Form-I589. Meanwhile, I was under 21 years old in China. I entered into America in July 2016 with F1 visa. Later, many attorneys suggested me to join my mum’s case, and they told me that not only I can apply for EAD card to work legally, but also, I would be recognized as a California resident in a year, so I don’t need to pay huge amount of non-California resident fee for tuition any more. However, I was worried if the status of asylum would affect my student status in the future. So, I did not join their case finally. Right now, I am already over 21. But, I heard the policy about CSPA that she still can petition me after she is granted.
1. Am I still able to join my mum’s case? If I can. Further, if my mum’s case would not be granted in the future, could I withdraw from her case? Are there any negative influence on me? Or, what should I do at that time?
2. Actually, I never went outside of America since I came here, because I think there will be high risk so that I could not re-enter into America due to my parents’ case. If it will be different that I travel outside America during the period of OPT? On the other hand, if I can join my mum’s case, do you think advance parole is a better choice? I mean I just want to travel out of America instead of back to China.
3. Based on the specific situation, can you please give some suggestions to my mum and me?
I so sorry about so many questions at this time. Your suggestions are very important to my family and me.
Thank you so much, Jason.
1 – I am not sure, but I believe you can join her case based on the CSPA. In any event, if she wins, she can file an I-730 for you and you can get your asylum status that way. 2 – It is hard to predict whether their case will affect you. I do think that is a risk, but it is less of a risk if your F-1 visa (glued into the passport) is still valid and you have an OPT-qualifying job. If you join her case, you would need AP to travel. If you go back to China, it may have a negative impact on her case, depending on what her case is about. 3 – If you want to be join her case, you can try. The only benefit is that you will get the work permit. If you do not need that, maybe it is easier to keep your F-1 or OPT status. However, keep in mind that it sometimes is difficult to get added to a case, and if you want to add yourself, it may take several months. Take care, Jason
If i join her case, do you think it is a big risk to re-enter America with AP? By the way, i would not travel to China. So far, i have almost lived in California for 2 years. Do you think i have any possiblity to waive the Non-California resident tuition fee for both college and graduate school in the future? Also, i don’t know if i can get reliable all the answers from asylum field office.
Thank you, Jason
I have never heard about anyone with AP being denied entry, so I think it is safe to travel with that. As to the other questions, these are not things I know about. Take care, Jason
Hi jason please what about interview who applied two or three years ago ist going normal or they stoped interview for them and start interyiew who apply new thankyoh
Probably, you will have a longer wait. I wrote about that on February 1, 2018 and again last week – maybe those would help. Take care, Jason
Hi Jason,
This is another Jason here. I have I-589 interview around the corner and I also am waiting for my I-730 interview (my wife’s asylum got approved and applied for me later on, got fingerprint taken already). How should I deal with this situation?
You should probably inform the asylum office (and give evidence) that your wife’s case was approved and that an I-730 is pending. If they schedule an interview, you can ask to postpone it on this basis, but they may not agree. In any case, you should tell them and give them copies of her approval, your marriage certificate, the I-730 and receipt, , evidence that marriage is true, etc. If you do have to do an interview, make sure you are fully prepared and do not contradict her testimony, as that could affect both cases. Take care, Jason
Thank you for the quick response! I took all the material you mentioned in and explained my situation. They just told me to come in for interview and did not even mention about my 730 case. They just said there is no need to be confused or change anything at all. I guess I need to interview anyway. I will gather everything including 730-related information. Thank you for your help anyway!
I am not surprised. They often want to interview people even if those people have other relief. Take care, Jason
That is a good news at least that most prople will not wait another long couple of wait like we used to wait for the interview.
Sorry commented in the wrong box my prevoius paragrah.
As supporting facts from the media related to my case, will officer consider more or less credible news agencies from a certain country too or they will only trust world news media like BBC, Radio Liberty and Dept of State reports?
Any media is helpful evidence, but some media (such as the ones you list) may be given more weight than others. Take care, Jason
Awesome. Appreciate your advice.
Hello,
I have filed for adjustment of status based on asylum a month ago and I am very concerned that it may be delayed. I have looked at the processing time for the service center, and they are working on cases that were filed a year ago. Is it possible to expedite an application for such category? My employer would not give me a permanent position unless I have a green card. Can I use this as a basis to expedite? and are there any other possible reasons to expedite?
You can ask USCIS to expedite, and your reason is legitimate. Whether it will help, I do not know. Other reasons to expedite might include health issues or separation from family. Take care, Jason
Hi Jason
Hope you are well, and thank you so much for your consultation
I’ve gone through your column about recent changes in asylum system (part 1) found it very useful, awaiting part 2 as well, would you please confirm when we will be able to read part 2.
Also kindly confirm the process/steps from 1st interview till the last step in case of denial in asylum case.
Regards
I will probably post part 2 tomorrow, and that should cover your question. Take care, Jason
Thank you for your reply Jason.
God bless you
Jason,
Usually after the interview, they tell to check back in 2 weeks for the results. According to your experience, what is the earliest and latest time periods people get response on their asylum interviews? And what is the average these days?
Appreciate it.
Many cases do get a response in 2 weeks. Our fastest case took 4 days (including the weekend). We have had other cases waiting for 3+ years with no decision yet. Most cases seem to be resolved in less than 6 months. Take care, Jason