Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Dear Sir,
I have applied asylum and my wife and child are my dependent in the same application. My question is I wanna apply EAD for me and my Wife . So Can I use one form i765 for us or seprate? And can we mail it in one envelop seprate?
Appreciated your help
You have to fill out different form for each applicant. But you can send all in one envelope. By the if you don’t apply for dependent you can’t get social security number. And it means you can’t get some benefit from US government.
Each person needs his or her own form. You mail them in the same envelope, but make sure the two packets are separate and each one is complete (in other words, don’t expect USCIS to use the same asylum receipt for each case – if there are two people, each person needs their own asylum receipt). You might indicate that you are husband and wife. Take care, Jason
But I have received one receipt from Uscis. family( wife & child are my depenant. What should i do?
Dear Sam,
Two important things to remember: 1) Alien Number of each person that is you, your wife and your child. They all have different A numbers so put those on the form accordingly, never use your A number on your wife and your child’s form. 2) for Safe side make three separate envelops use them for each application and those them separately by 2 or 3 days difference so there will be no confusion left for them.
Thanks.
That may reduce the risk of an error, but we usually send a family’s applications together, noting that there are X number of cases in the envelope and separating the packets for each person. The advantage of that is that the fingerprint appointments will all be on the same day, so there is (hopefully) only one trip to get that done. Take care, Jason
There is only one receipt in an asylum case. You should get fingerprint notices for everyone. You can use copies of both when applying for an EAD. Take care, Jason
Hi Jason, Do you think my asylum application is likely to be subjected to delays under this system?
_______________________________
In 2008, DHS created the classified system “CARRP” to screen applications for immigrant benefits, including naturalization, adjustment of status, and ASYLUM for “national security concerns.”
Because CARRP uses discriminatory criteria to flag individuals as “national security concerns,” it disproportionally impacts immigrants who are Muslim, perceived as Muslim, and/or who are from Arab, Middle Eastern, Muslim, and South Asian countries.
USCIS reportedly has applied CARRP to over 41,800 immigration applications since its inception in 2008. While USCIS may apply CARRP to individuals from any country, the top five nationalities of immigration benefit applicants subjected to CARRP are Pakistan, Iraq, India,
Iran and Yemen.
It then directs USCIS officers to delay and ultimately deny their applications—all without informing applicants they are subject to the policy, let alone giving them an opportunity to respond to the agency’s classification of them as a “national security concern.”
This advisory: (I) provides an overview of CARRP;
(II) describes the possible impact of CARRP on a client’s immigration application;
(III) provides a checklist to help determine if a client is likely subject to CARRP;
(IV) provides advice and considerations for litigating cases
subject to CARRP;
(V) discusses administrative appeals and federal court actions; and
(VI) offers guidance on filing requests under the Freedom of Information Act (“FOIA”)”
Source: https://www.nationalimmigrationproject.org/PDFs/practitioners/our_lit/impact_litigation/2017_03Jan-ACLU-CARRP-advisory.pdf
I do not know much about CARRP. I can say that we see long delays for many of our Muslim clients, especially men. However, most of them are ultimately approved. Take care, Jason
Can you please tell me on average how long does it take to get the final decision for YOUR Iranian men clients? It’s been a year for me!
There is no average. I have one many who has been waiting 6 months since his interview. Some have received decisions pretty quickly. I do not remember anyone having a very long delay for years (like some Afghan or Iraqi clients). In general, it is not possible to predict the time frame for a decision. Certainly, at this point, you can email the asylum office and inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
I am Iranian man, I’ve been waiting for a year with HQ. My former lawyer who was an Asylum officer for 10 years said, it was certainly a mistake to sent my case to HQ. because based on my background there’s no point to sent my case to HQ. She said talk to your supervisor and ask her the reason. Also she said since it’s been a year, I can ask my supervisor to release my case from HQ. I am in Arlington. How do I that? Can I also directly send an email to Deputy Director or the Operational Supervisor?? I have their email addresses
Does anyone have updated information about Newark (NJ) office interview progress?
I am Iranian man, I’ve been waiting for a year with HQ. My former lawyer who was an Asylum officer for 10 years said, it was certainly a mistake to sent my case to HQ. because based on my background there’s no point to sent my case to HQ. She said talk to your supervisor and ask her the reason. Also she said since it’s been a year, I can ask my supervisor to release my case from HQ. I am in Arlington. How do I that? Can I also directly send an email to Deputy Director or the Operational Supervisor?? I have their email addresses
I know of no way to do that. You can find the contact info for the asylum office if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I suppose you can ask for a supervisor, or go in person to ask. We had a blog post last week about filing a mandamus lawsuit to try to force a decision. Maybe you want to think about that option. Take care, Jason
Hi Jason,
One of my relative is on Humanitarian Parole for one year.he is mentally and physically challanged and under the care of parents who are permanant resident .all siblings are in US too.No one is back in home country to take care of him.we want to apply asylum for him or is there any alternative option for him which could lead to Green card. (His siblings applied for family based immigration which still can take more than 6 years.)
It varies by case. They should talk to a lawyer to review the situation and see what options are available. If one parent becomes a US citizen, and he is under 21, he can get a GC without leaving the US. Otherwise, he probably needs to leave the US. Good luck, Jason
Hi Jason, my wife got interviewed in New Orleans a month ago! Her case was based on FGM! The interview went well & the officer told her to receive the decision with in 2 weeks but they haven’t sent it yet! She had a medical evidence supporting her claim! So my question is, do they sometimes delay a decision that is based on FGM? Plus, do you have a rough estimation about approval/denial rates of cases based on FGM? Thanks in advance! Your help is always appreciated!
There are all sorts of reasons why cases are delayed, so there is no real way to know the reason in an individual case. I have seen decisions delayed in FGM cases. I do not know about approval rates for FGM. Approval rates in court are high, but the asylum offices have gone back and forth on such cases, and I am not sure about approval rates (though I suspect most cases are approved – we had one approved at the asylum office in Virginia a few weeks ago). Hopefully, you and your wife will get good news soon. Take care, Jason
Jason, this looks like a very important information regarding one year deadline issue: http://www.immigrantjustice.org/admin_policy/blog/important-news-asylum-seekers-one-year-deadline-issues
I think there was a prior similar decision as well – some courts have been ordering the government to provide better info to asylum seekers about the one-year filing deadline. Whether the government is complying with this, and how higher courts might deal with this issue, I do not know. Take care, Jason
Hi Jason,
Thanks for responding.
My employer said State Driving License and Unrestricted Social Security Card is good enough to continue my JOB.
Now, if I do not resubmit my rejected case I-765 – will be there any problem? does it hamper my I-485 application which is under process with USCIS about 11 months?
Please note – I am a granted asylee, Eligibility category a05. initial EAD about to expire June/2018.
thanks and have a pleasant weekend.
Regards,
SIMON
It should not affect the I-485, but you might want to submit it anyway, as it is good evidence of your lawful status here (though you have other evidence of that, such as the I-94, but that does not have a photo on it). Take care, Jason
Hi Jason, my wife has been waiting for her citizenship interview which can be scheduled in June/ July, but she is still not good in english speaking and sometimes picking accent. Is there any interpreter allowed in citizenship interview ?
I have not done that before, so I am not sure. Take care, Jason
Dear Jason,
I am syrian Living in Los angeles. Im under tps and pending asylum.I have working permit from Tps but it expired already. I just heard that i can apply for TPS re-registeration which will end on May 4th,2018, i want to apply for re-registration and working permit too. Would you please guid me at which forms i should use and to where i should file those forms.
Thanks.
Appreciated
What is TPS???
Temporary Protected Status
Thanks
Temporary Protected Status. The government is in the process of ending TPS for many people who have it. Take care, Jason
Sorry, do not do much with TPS. You can Google “USCIS TPS Syria” and find the USCIS web page. That should guide you. Take care, Jason
Hello Jason. I wanted to ask you if there was ever a case where a shift in the country you fear persicussion from, and that in turn lifted your fears and someone applied to retract they’re application. Is there a way that you can avoid being banned from returning in other visa categories in the future if it was a legitimate case where you no longer feared your country?… Thank you
If country conditions change and you no longer need asylum, you can withdraw the case. You can contact the asylum office about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
My EAD Application i-765 has been rejected by the USCIS two times. first time for the incorrect fees ( fees were not sent as not required as per the instruction of i-765 while processing for i-485 and paid the applicable fees just to attached I-797 Notice of Action as an evidence)
after that fees ($410 + $85 = $ 495.00 )were sent along with all EAD applications however it has been rejected 2nd times for the incorrect fees.
Please note i am a granted asylee and under process for the green card as applied June/2017 -category a05.
looking forward listening from you soon.
thanks,
SIMON
The first application for an EAD based on asylum granted should be free. If this is a renewal, try sending two checks – one for $410 and one for $85 for biometrics. Also, make sure the checks are to Department of Homeland Security. Take care, Jason
Hi! Thanks for everything you do helping the community. My friend went to the interview last week and the officer asked to question the 17-year-old daughter who was 12 at the time of the incident. Is this a regular practice? How much weight do you think this has on a decision given parents usually try to hide this things from their children in order to protect them. I did not know this was done and would hate for my kids to have to go through that.
It is rare and depends on the officer. If the officer denies based on an inconsistency from the child, that might be a basis to ask for reconsideration, or that issue can be raised in court later on (though hopefully that will not be necessary). Take care, Jason
Hi Jason,
Do I need to bring to interview a full copy of my application with all additional copies of evidence, affidavits and etc. which I alredy sent to USCIS when applied asylum or I need to bring just copy of the I-589 form and identifiction document?
We have seen an epidemic of the asylum offices losing documents, so I would bring a copy of everything. That way, if they’ve lost it, they can make a copy of yours. Take care, Jason
My husband has a pending asylum, He applied before 3 years and he is still waiting. He has got a work permit and working there. And my son is a 1st year student in one of the Universities since he has got a scholarship opportunity. Now he invited me and his brother to visit him and the university.
My question is that would it be a problem to ask a visa here so that we (me and his younger brother) can come to USA to visit my son and also on the way my husband. Currently I am working at the UN and I can attach a letter from the office that I am working at the UN. What is your best advice regarding this.
Thank you for your time and consideration and looking forward to hearing from you soon.
You can try, though the fact that your husband has an asylum case will make it more difficult for you to get most types of visas, including the B visa. If you have a UN passport, maybe that would be easier. In any event, you can try and hopefully, it will work. Take care, Jason
Dear Jason,
I am confused let me tell you little details about my case.
This is my first time I will apply EAD. I have applied for asylum and received acknowledgment receipt from USCIS saying that they received and its pending interview. Now my 150 days has past so Want to apply EAD. Please tell me which category i should write.
for eg:
1. (a)(3) Refugee;
2. (a)(5) Asylee;
3. (c)(8) Applicant for Asylum (an applicant filing under the special ABC procedures must pay the fee);
Which one i should choose? Where to mail the place i got the receipt acknowledgement or some where else?
Thank you sir.
I cannot answer specifics questions about cases, as I do not know the case. For people who filed for asylum and the case is pending, the normal category is c-08. As for the mailing address, you have to check the instructions to the I-765. Take care, Jason
Thank u Jason,
I got it. And this is the last question for my daughter
For child offcorse we cant apply workpermit. What about social security number will get or we have to apply she is 8 year old.
Thanks
When you fill the form for the work permit, you can request an SSN for her. Take care, Jason
Hi,
Do I need to file i765 for my child too ? Or where do i request for her Ssn.
Thanks in advance Jason.
You can fill an I-765 for each child who is part of a pending asylum case, and request an SSN on that form. Take care, Jason
Hi Jason,
Thanks a lot for your helpful blog and encouraging posts. My mom did her interview in Feb. 2017 and she got “Recommended for approval” after two weeks. However, after more than 14 months, we have not heard back from the office regarding her case. What should we do? Any recommendation?
Thanks,
Amir
This sometimes happens. I wrote about a particularly bad case on August 27, 2015. You can contact the asylum office and inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. After that, you can try the USCIS Ombudsman (a link is at right), and if that fails too, you can try a mandamus lawsuit – talk to a lawyer about that. Good luck, Jason
Thank you for your answer.
Have you found contacting a congressman useful on these cases?
I have found that it is not useful, but there is no harm in trying. Take care, Jason
Hi Jason,
You and your team doing a great job by providing the legal assistance for asylum seekers.
I have a pending asylum, I applied in 12 Feb 2012 at SF Asylum office. I waited for my decision for about 4.5 years and after that I was informed that my case has been referred to Immigration Court and my Master Hearing is on 31st May 2018 ( I got hearing date after 15 months of the referring
IC).
My question is that what I need to do at my Master Hearing to get the earliest Individual Hearing date?
Thanks in advance.
You can ask the judge for that, but it is really up to the judge. I wrote posts that might be helpful on March 7, 2018 and April 20, 2017. Take care, Jason
Hi Jason!
Thanks for your help again…
I applyed for asylum more than a year ago, my case is still pending, I got the ss and EAD card.
My brother wants to visit me next month, he has a tourist visa and came in the u.s last year to visit me without any problem.
I’m concern about his visit this time because back than I didnt have the social yet and I guess I wasn’t in the system yet.
My question is if he can get any problems when he’ll come here?
Can the immagration ask him about my case?
Should he say that he’s coming to visit me, or its better not to mention it?
Usually, siblings are not affected by an asylum application, but he could be asked about your case and about his intention in the US, and he could be denied entry (though I think that is unlikely). He should assume that the officer knows about your case, and so he should tell the truth. As for the reason for the visit, he should give a reason if asked. If he mentions you, that could potentially lead to other questions, so he should be aware of that possibility. Take care, Jason
Hi, I have a pending application EOIR 42B/PD for last 5 years. My EAD was getting renewed every year for last 5 years. June 2017 I have applied for EAD and got RFE letter after 7 months, asking for evidence of pending application. I have a fee receipt which states that receipts is for EOIR 42B. USCIS officer also mentioned in the RFE letter that he noticed about the receipt but that receipt did not mention that I have submited EOIR 42B in the appropriate court. I mailed stamped EOIR 42B which got from EOIR court. One thing I did not like from the court is they stamped EOIR 42B the date they gave me the copy of EOIR 42B. They stamped as ” RECEIVED MARCH 15TH EOIR COURT…”. I requested the clerk if they can give me any letter stating that I have a pending application in the court since 2012.they said that stamped EOIR 42B is enough. I was worried about the USCIS offcer will accept that as a proof of evidence or he might get confused because they stamped the EOIR 42B as present date.She said they are giving the same way to other people and USCIS officer will understand. Now I got denial notice stating that I have applied for EAD June 2017 and I have submited EOIR 42B after I applied for EAD. now what should I do ? Motion? or submit new EAD application? Please advice…Thanks
It is a real mess to coordinate between EOIR and USCIS. I think you should talk to an attorney to review the specifics of the situation and try to help you. USCIS is looking for any excuse to deny – it is cruel and disgraceful, but maybe a lawyer can help. Take care, Jason
I made my asylum application in Feb 2018 and 2 weeks later I received the receipt of acknowledgement and a week later received my biometrics notice. I live in VA and I believe that is where my interview will be. It’s now approximately 2 months after my biometrics so just wanted to inquire if you have an idea of how long the wait can be with the new LIFO policy in place and also if you have heard any words from people’s experience in the VA office after the new effect
I am not sure – we filed a case in Virginia in mid-January that was interviewed already. We stopped filing for a couple months while we re-calibrated how we do things to adjust to LIFO, and since then we have filed a few cases, but only one in Virginia. That was less than a month ago, and there is no interview yet. My sense is that things are moving slowly in Virginia, but it is still unclear how they will process cases there, though they should being following the LIFO system. Take care, Jason
I applied for asylum, had my interview and waiting for the decision. Today the situation in my country changed. The party with which I had problem with lost its power. But it’s already 3 years I am here. I lost my job of a there. Would this change in my country affect the decision of my case. Though the situation changed in my country however U have already organized my life here. Can you please tell me what will be the effect in your opinion?
Nothing
It could affect the outcome of your case, but it really depends on the facts of the case. If you were persecuted in your home country, even a change in the ruling party may not be enough to block you from asylum, but I cannot tell that based on the facts you mentioned. However, the fact that you have settled down in the US is not really a factor in determining your eligibility for asylum. Take care, Jason
Hello Jaison,
Hope you r doing good. I have few questions plz help me out. I want to apply for EAD base on ‘pending asylum interview’ so which code i should use q.20 form i795.
Also tell me plz do i need to pay fees for applying ead coz its my first time or fees for biometrics etc
And last my asylum case submit by lawyer but can i apply ead by myself?
Thanks jaison
First time is free.
You can apply by yourself. Very easy. You have to apply for each person separately if you are more than one. Otherwise you can’t get social security number
Number CO8 category
You can apply for an EAD yourself if you want. The first EAD based on asylum pending is free. If you look at the Direct Mailing Addresses for the form I-765, available at http://www.uscis.gov, you will see your category and the mailing address. Take care, Jason
Dear Jaison
I can see this code (c)(8) Asylum Applicant (with a pending asylum ) Is it right. Please let me know.
Also tell me that this is 2 digit/alphabet code but there on form its asking 3 digit/alphbet . So its fine??
Thanks
Sorry, I cannot answer specific questions about forms, as I do not know the case. I can say that the normal category for an asylum pending EAD is c 08 and that it is common to fill in only two of the three spaces when entering the code. Take care, Jason
Thanks Jaison,
One last thing for child offcorse we cant apply workpermit. What about social security no will get or we have to apply she is 8 year old.
Thanks
A child can apply for a work permit (form I-765, available at http://www.uscis.gov). It is free for the first work permit based on asylum pending, and the I-765 form allows you to request an SS card as well. Take care, Jason
Thanks Jaison,
One last thing for child offcorse we cant apply workpermit. What about social security no will get or we have to apply she is 8 year old.
Thanks
Thanks Jaison,
One last thing for child offcorse we cant apply workpermit. What about social security no will get or we have to apply she is 8 year old.
You can apply for the child – many people do. Take care, Jason
Hi Jason I am waiting for my asylum interview since last two years.Now a company is interested to sponsor me for eb2 category for green card.Am I eligible for adjusting my status through eb2 as my case is pending?I need your advice before I take a start for Eb2 petition.I hope there should not be any problem in it as its not my fault that I didn’t get my interview for last 2 years.Please advise.
It depends on the specifics of your situation. For most people, unless they have some other status besides asylum pending (such as a current F or H1b visa), they have to leave the US to get their green card. That may or may not be possible depending on the case. Talk to a lawyer about the specifics of the situation and before you start, make sure you can complete the whole process (not just the EB2, I-140 petition) and get the green card in the end. Take care, Jason
I got my approval letter after the wait of three and half months.
I was interviewed on 9 January 2018 and got approval letter on 21 April 2018
Which office and when did you apply?
I applied on September 2014 and was interviewed on 9 January 2018 at anaheim office
I applied on September 2014 and was interviewed on 9 January 2018 at anaheim office
Hello Jason;
I already had the interview with the officer, I am waiting the answer about 5 months and i no received yet. My wife and my daughter are in my asylum petition. I discover 3 monts ago my wife cheating me so we start talking about divorce. The question is, Can I ask the office in Arlington for get out her from my petition before the answer or theres no more chance for me to make changes? Thank you
When did you apply?
I am not sure if you can remove her from your case at this stage. I imagine you can, but I do not know the procedure, and I do not know if this would cause issues or delay for your case. You can contact the asylum office to ask about how to proceed. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
many thanks for your words of encouragement. It goes a long way. I need to know please if while waiting for your interview and your International passport expires , will it still be valid as a form of identification on the day of interview??
I have done my bio-metrics already march last month ,2018 (i589) but waiting for the interview date ..Please advice .thhx
Even if the passport is expired, you can (and must) bring it to the interview – it is a form of ID and the officer will need to examine your passport. Take care, Jason
Thank you so much
Hi Baljeet
Can you please let us know when did you apply for asylum?
Thanks and Goodluck
I applied for asylum in march 2015
Hi jason,
I was interviewed 0n march 7th 2018 at san fransisco office and they asked me to come back on 21th march 2018 to get the decision but they told me that they are going to send it in mail. I have been waiting since then and i have not received anything from the office.
Other thing is that I am moving to Montana state by the end of this month, I just want to know whether i should contact the office and update my new address in Montana or i have family in Fresno, or should i give Fresno address.
Should I move my case to Montana or keep it in California?
It is common for pick-up cases to be changed to mail-out cases, so that is no particular worry. As for your address, you should give them the address where you live and receive mail. If you are keeping your old address and plan to return there, and you have someone there to receive mail while you are gone, you can probably stick with that. Otherwise, I think you would need to give them the new address. Take care, Jason
Is there anything wrong with withdrawing your asylum application after waiting for 2 years for interview and marrying your long time US Citizen girlfriend ? Please advise. Thanks.
Did you get any status from your wife?
No, but it may not be too easy to withdraw. Contact the asylum office to ask about the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. For our cases, we try to get the GC before withdrawing the asylum case. Take care, Jason
Dear Jason,
i came to the United States in 2011 with my husband but fell in love with my school friend and came out to my family about my orientation. I was forced back to India between 2011 Aug to 2013. My husband has been a better support than my family. During those 2 years in India i have been tormented and abused and mentally tortured. I tried going back 2 or 3 times between 2014 and 2016 but have given up all hope of being accepted by them and my life has been a living hell. I finally applied for divorce and is living in with my girlfriend and have applied for asylum in 2018. my interview is in May and i just want to know what are my chances to get asylum? I have been struggling to be with her since last 6 years and will be devastated if my case is not granted.
I think you will need to explain your return trips to India, but generally, LGBT cases are pretty strong. Also, you need to explain who threatened you, why (because of your orientation), whether they have the ability and inclination to harm you, etc. If you do not have a lawyer, you might at least want to consult with one to try to prepare your case. Also, I did a blog post on September 8, 2016 about asylum interviews that might help. Good luck, Jason
i do have an attorney who is handling my case. i have reasons for each of my visit. Thanks for responding to my email. In India situations are very bad. my family has been my enemy and they have threatened me to corrective rape as well.
thanks for your information. will check the blog post.
Hi Jason,
Since I apply with my attorney, we always received duplicated notice from uscis. Now that I received my social and ead do you think that they also send a copy to my attorney?
Thanks,
They are only sent to you. Your attorney probably received notice that the EAD was approved, but he/she will not receive a copy of the card itself. Take care, Jason
Thank for your prompt response.
Can I make an ID now or open a bank account? I need those to have equivalent point to pass a driver permit. Thanks for your advice.
You would have to talk to the DMV and the bank to be sure, but you should be able to get a license or state ID once you have the EAD. You may be able to get a bank account with just your passport. Different banks seem to have different rules about this, so if one refuses you, try another. Take care, Jason
Thanks a million.
Hi Jason,
If a case is reffered to court, can the person apply for National Interest Waiver (https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2) if he/she is eligible?
Considering the person holds an advanced degree (i.e master or PhD), published few papers and have around ~20 citation, and have letters from professionals in the field who can attest the person’s skills and performance benefits the US nation?
Thanks for your time and reply in advance.
You can get the NIW, but to get the green card, you would probably need to leave the US, which can be very difficult if you have a court case. And this may not even be possible depending on the case. You would need to talk to a lawyer – and not just about the NIW. Find out the lawyer’s plan to get a green card. The NIW by itself is of no use unless you also can somehow get the GC. Take care, Jason
What is the reason of delay and what to do? Do you think my interview call can be come anytime in coming future?
Highly appreciate sir.
Hi Jason, I applied for asylum I-589 on 8/21/2014 at Chicago office but after one year I moved to Houston and changed my address in USCIS. My first finger prints done when I applied and 2nd finger prints done on 12/29/16 in Houston office. After finger prints my attorney told me that my interview will be scheduled first or second month of 2018 but I have not received any interview call yet. When my attorney put an inquiry USCIS replied that my case is currently under extended review and this has caused a delay in processing time.
I would contact the Chicago office and ask about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. “Extended review” is usually a term used after the interview, not before. The system of interviews was changed in January and so that might be the issue (I wrote about this on February 1 and 28, 2018). However, I think Chicago may already have interviewed cases from 2014, so I would email them to check. Take care, Jason
Dear Jason,
Is it right that they are now issuing decisions from the new cases only and the old cases are again in the backlog? Can you tell me from your experience are old cases receiving decisions as well or only the new case.
I wrote about this on February 1, 2018 and February 28, 2018. Basically, they are doing new cases first, but some offices are also doing old cases. They are issuing decisions for any cases they interviewed, as before (though some decisions are still delayed, as before). Take care, Jason
Hi Jason , I have a question sir,
I got granted asylum form immigration court and I’m going to apply GC on next month. My question is can i apply RTD at the same time? Can i send both applications in one envelope? Do i need to pay application fees for both of them? Thank you sir.
You can apply for both in the same envelope – check the instructions. The fee you pay for the I-485 covers the RTD (and a new EAD if you want one), so you do not need to pay the separate fee for the RTD. Take care, Jason
Thank you so much Jason..!
Hello everyone,
Is there anyone who was interviewed in the past 6 months in the Chicago office and got the decision? Please share stories with the Chicago office. Is Chicago office bad at issuing decisions?
They are following LIFO – we have an interview next month, but I don’t recall receiving any decisions from there lately (we don’t have many cases there though, so that is not surprising). Take care, Jason
Is there anyone who has expedited their interview decision?
We do that sometimes – I wrote about it on March 30, 2017. Take care, Jason
Dear
Thanks for your help
My question I have got asylum in April . how long will take to reunite with my husband who is living in Ethiopia?
The first step is to file the I-730 (available at http://www.uscis.gov) for him. Once that is approved, the case is processed at the embassy and then he can come here. The whole process usually takes 6 to 12 months, but it varies by country and by case. Take care, Jason
Hi,I had an interview in December 2017 and officer said that I can come back for the decision but they called me after few days and told me that they gonna send me decision by mail.But I’m still waiting for decision.I was waiting for an interview 3 years,I had my interview in Newark. I’m wondering if I can apply for travel documents until I’m waiting for decision?
When you had applied?
In January 2015
This is a common story, so it is nothing to worry about. As for the travel document, you can apply for it, but if the case is granted or denied in the interim, the travel document will become invalid. I wrote about such travel documents on September 11, 2017. Take care, Jason
So can you apply for travel document while you waiting for desision and not granted yet?
You can, but if a decision is issued in the asylum case, it may cause the application for travel document to be denied, and you will lose the money you paid for that. Take care, Jason
Maybe you mean AP, not travel document? Because how I know, only granted person can apply for Travel Document. If I’m wrong, tell me please, it is also available before interview or only after, while you waiting for desision?
“Travel Document” is a general term, which I use to cover anything applied for on form I-131. AP is for people with a pending case. The Refugee Travel Document is for people who have an approved asylum case or who came to the US as a refugee, and the Re-entry Permit is for people who have a green card (the magical I-131 form does other things as well, but they are less common). Take care, Jason
Thank you Jason.
Hi jason,i live in kansas city,i applied for asylum through USCIS in Nebraska about 35 days ago.till now i havent gotten an acknowledgement letter that has the receipt number.i tracked my mail it was delivered to the centre and the mail was not returned.please what should i do?Thanks
Wait a few more weeks – things are not moving so quickly. If there is still no news, try contacting the local asylum office by email to see whether the case was received. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello, I came to US in may 15/ 2014, I had my visa expired in september 2014. I applied for political asylum in may 10/ 2015. For right now my case is still pending. So my question is, can my parents apply for tourist visa to visit me for (wedding)ceremony or there is no chance? They from Ukraine and they never traveled before
They can try – they just have to apply for a visa. The fact that you have filed for asylum may make it more difficult for them to get a visa, but usually, this problem is worse for spouses and children of asylum seekers, and is less of a problem for parents. So hopefully, they can get the visas. Take care, Jason
Is there anyone who has done a mandamus lawsuit for getting a decision. How was the effect?
We had one client do it (with a different lawyer, as our office does not currently do mandamus cases). The case was very strong. The person got a decision, but was referred to court. I suspect that the case was referred because background checks were not complete and so the Asylum Office could not grant the case. While the result is unfortunate, I think the person should win in court, as the case is strong and very well documented, and so maybe that result is better than waiting in limbo forever with the asylum office. Take care, Jason
I have files a mandamus case and I got a second interview 10 days ago; still waiting for a decision.
Do I need drop off all my evidence 2 weeks before my interview? And thank
Different offices have different rules. In my local office (Virginia), all documents must be filed at least one week before the interview. You can try contacting your office to ask about the rule there. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hie Jason
I i applied for assylum and my case is still pending in Florida now i want to move to Idaho which means ill change my address so does my case get moved to another office? and will my move to idaho complicate my case? what would be your best advice
Thank you for your time and consideration I look forward to hear from you
If you move, you have to change your address using form AR-11. This will cause your case to move, but you should keep your place in the queue (to the extent there still is a queue, which is a bit unclear these days). You can find out your new office if you follow the link at right called Asylum Office Locator and enter your new zip code. Take care, Jason
Thank you very much
Hi Jason,
My I-485 based on asylum application, online case status changed from ‘we received your application at Texas service center’ to ‘your case was received at your local office’. What does that mean? is it normal?
It is not important, I think, but it probably means that the case was transferred from the location where it was filed to the location where it will be adjudicated, so it is some progress. But it is all internal to USCIS, and why they see a need to provide such updates, I do not know, as it really tells you nothing about when you can expect an interview or decision. Take care, Jason
Thank you Jason. I didn’t know an interview is a possibility for adjustment of status based on asylum cases. What is the purpose of these interviews?
To review eligibility for the green card. In rare cases, they can ask about the asylum case. Usually, people with asylum who apply for a GC are not interviewed, however (except for dependents, who under a new policy, will likely be interviewed). Take care, Jason
How you check it online? And when did you file?
You can check on the USCIS website under check status using your receipt number which they will mail to you after receiving your application. I filed 2 months ago.
Thank you. But it says receipt number is wrong.
It should work if the receipt number is for adjustment of status (I-485) application.
Typically, you cannot check asylum receipts on-line. Take care, Jason
Hi Jason,
I have question regarding wittness. Can plese let me know If we got rejected and got bar to reenter in USA is that effect also for the wittness who has an immigration petiton for family based visa.
Pleasr advise
In other words if IG reject our case because of any reason and deport us with no renter for the specific time period then what will be the impact on the wittness what we provide at our hearing? Is that affect on their family based immigration petition?
Unless the witness is caught in some type of lie or fraud, there should be no effect on the witness if you lose your case. Take care, Jason
Anybody know the interview date in Houston?
Can u share that?
I appreciate it .
Thanks al lot .
Hi Jason,
Can an asylum applicant has two addresses? An address from a state where belongs to the office jurisdiction and another address at another state? In other words, can I keep my current address and rent another apartment under my wife’s name at another state and live there?
Thanks,
Imran
You can, but the question is whether that will affect your asylum case. The short answer is that if the asylum officer thinks you are lying about your address, he may think you are lying about the entire case. So if you move, and if you have a job in a new state, pay taxes there, your family lives there, etc., you need to change your address with the asylum office. If you keep your old permanent address and only go to the new address temporarily, you can argue that it is not a real move, and that you just went there for a period of months to work or attend school. Take care, Jason
Hi Jason,
I filed for asylum during when I was in status and got interview in this year. The case would be denied and not referred to immigration court judge. I am going to be out of status soon. I will need removal proceedings to get the case to immigration court judge. If I don’t get notice to appear, can I contact the court to send me the notice? If they send me the notice, is the court date going to be in one year or usually longer?
Hi. When did you file your asylum application?
This year early Feb. The new policy makes new applicant interview process fast. The applicant gets interview date within 45 days of filing application
Tthanks good luck
If you go out of status before you get a decision, the case will be sent to court. I wrote about that on February 21, 2018 and March 7, 2018. If your case is denied and you are not sent to court, you would not be able to contact the court to have your case referred to court. The normal process is to re-apply for asylum (though the filing procedure is different for a second application), get denied, and go to court. Alternatively, you could go to ICE and tell them you are here illegally, but they will probably arrest you, so that is not a great idea. Take care, Jason
Are there people who applied to Chicago office and received a decision. Please share your timelines.
It’s been 9 months from the interview date. No decision yet, still pending. Interviewed at Chicago office July 2017
Was interviewed by Chicago Office in May 2017; no decision yet. Located in a cricuit ride location. Filed in early 2014.