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
Good morning sir, hope you are well. i am an asylee awaiting an interview date. My childs is also in the states but is not included in my application. His i 94 expires soon and wanted your advise on how to go about it.
Regards,
If the child his under 21 and unmarried, you can add him to your asylum case. Contact the asylum office and they should be able to provide you instructions about adding him as a dependent. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I am in a relationship with an american citizen and we wedded and filled already but I did a background check on him and he has a bad history. Is this by any chance going to affect my decision
I think it depends on what you mean by a “bad history.” If he filed prior false immigration cases based on marriage, that certainly could affect the case. It may also affect the case if he has a history of domestic violence. Talk to a lawyer to be sure about how it could affect your case. Take care, Jason
Hi Jason,
Thanks for your help and legal advices!
!) Want to know, will it be better if I take my own interpreter in the individual hearing, even though I understand and can speak english, will this help me?
2) Should I let the judge know about my interpreter ?
Also let me know if the judge would questions me or the state prosecutor or both?
3) Should I focus on those questions that were asked during my first interview in Asylum Office?
Please answer point wise.
Many thanks!
1 – If this is a court case, the court will provide an interpreter. If it is an Asylum Office case, you have to bring your own interpreter if you want one. In my experience, a person’s English gets a bit worse in the interview because they are nervous and the officers often speak quickly. But whether you have an interpreter is your choice. 2 – If you bring an interpreter to court, they cannot do anything except maybe sit with your lawyer and make sure that the official interpreter is not making mistakes. But if you speak English, you will know that anyway, so probably an interpreter will not do you much good in court. 3 – Yes, and any other issues that may come up. Hopefully, you have a lawyer to help identify issues and prepare you to discuss them. Take care, Jason
Hi Jason,
Three weeks ago, my asylum-based I-485 application was transferred to my local USCIS office and then National Benefits Center the very next day, and I suspected an interview. Today the online status changed to “Case is Ready to Be scheduled for an Interview” and “we will schedule you for an interview and send you a notice.” My case was already asked twice on my asylum interview as well as immigration court hearing, so I’m nervous why they want to interview me again. Is there anything I need to be worried about?
Also, I noticed that on the USCIS website https://www.uscis.gov/news/alerts/uscis-policy-manual-updates , it published a few days ago (May 16th) that “we will interview all adjustment of status applicants unless we waive the interview”. I am just hoping my case was not singled out and they just interview all I-485 applicants as the new norm now.
As I’m very concerned about being called for an interview as the principle asylee, do you think I need to be accompanied by a lawyer during that interview? Your advices would be deeply appreciated!! Thank you!!
I do not think this is cause for great concern. USCIS is interviewing many more people. Also, they are trying to make life as difficult as possible for all non-citizens. You should be prepared to answer questions on any subject. You should also double check that there are no inconsistencies between your asylum case and the I-485 case. If there are, you maybe should prepare a written explanation to bring with you in advance and probably talk to a lawyer. If everything is consistent, then hopefully it will just be a standard interview. It never hurts to bring a lawyer to these things, but if you cannot afford a lawyer, and there are no red flags, then maybe you can do without. Take care, Jason
Thank you Jason! Since USCIS is now finding every unreasonable excuse to deny I-485, I can only hope for the best but plan for the worst. If the interview doesn’t go well, what will they do next, sending me back to immigration court? Also, I’m in a stable relationship with a US citizen, and plan to get married in the near future. If they don’t prove my asylum-based I-485, will that cause more difficulty for me to get a marriage-based green card later? Thanks again!!
Unless they find a fraud or that you are ineligible due to a crime or some immigration violation, you should be fine. If you end up having a problem, marriage to a US citizen may be an alternative way to say here. My guess is that this will be a routine interview, so hopefully all will be fine. Take care, Jason
Hi Jason.
I have 2 questions.
1. I’m moving from VA to MA, so i have to transfer my case. I know that Arlington used to be able to change your address via @mail instea of sending them ar-11. Is it still possible to do so?
2. If i overstayed a visa and my asylum case have been goong for 3 years so far, is it possible to use investers visa as a other path to GC? Does Imvestor visa has any type of relief for immigrants who overstayed the visa(J-1) and provide a path to GC. I understant that we are talking about multiple hundres thousand dollars, but just interesting if this is actually possible by law.
1 – I would either send it via email or deliver it in person; they are losing a lot of documents in Arlington, and it is better to have proof that you filed the AR-11 and they received it. 2 – Whether you qualify for such a visa, I do not know. You would have to talk to a lawyer. But be sure that you can complete the process. You would most likely need to leave the US to get a GC, and so make sure that you are eligible to do that (not everyone is) and that it will be possible. Take care, Jason
Hi Jason,
I found you while searching for an answer to my immigration question. I appreciate it if you comment on it. My question is as follows: I came to the US as student. Back in 2015, I applied for an asylum. I waited for two solid years to be interviewed but it was very slow. In the mean time, I applied for an employment based green card and was granted. I withdrew the asylum application after my green card was sent to me. Now, I want to find out if there any travel restriction to my homeland country due to the asylum application.
Thanks.
There is no restriction, but if travel causes the US government to conclude that your original asylum case was fraudulent, they could try to take away your immigration status. I think this is unlikely to happen, but these days, you never know. At that minimum, keep evidence about the reason for the travel, how you stayed safe in your country, and all the evidence from the original asylum claim. Once you are a US citizen, this problem should be solved, but while you have a GC, I think it is better to be as safe as possible. Take care, Jason
Good Morning Fik
Can you give me your email id please i want to know more about the employment based green card if you can please because i am the same time line so please help me out.
Jason, thanks for answering questions via this blog. What’s the average wait time duration for decision you’ve noticed for your clients over last year? Someone told me 6-24 months, but I though 6 months is too long to be on the short end, since many people are called back after 2 weeks for decision (unless they only call back those they want to refer to court).
For asylum cases, many people get a decision in 2 weeks. But many others wait months and sometimes years for a decision. I don’t know the average, but I know it is worse for people from majority-Muslim countries, especially men. Take care, Jason
Hi Jason
I’m an asylum applicant and i have been waiting my interview for over 3 years and I live in Alexandria/VA.
In the past 8 months I have been arrested and fingerprinted for a false accusation from my Ex-Wife and my conviction was Harassment/Misdemeanor and when i went to the court my case had been dismissed so I filed a petition for expungement right after that and got my record expunged and my background check is clean nothing shows up.
I’m worried about my asylum case and what is the consequences specially under the new political environment? Should I disclose that to DHS in my interview and bring my expungement order along with my court documents? does dismissal case count as a conviction for immigration/Asylum purposes? does expungement order have resulted in an expunged record-state only or federal as well? and more importantly how likely that would affect my case?
Thank you for your time.
I think this is very unlikely to affect your case unless you fail to disclose it to the asylum officer. If there is no conviction, the charge alone should not affect the outcome of your case. However, the disclosure requirements for an asylum interview (or any other immigration case) are very broad, and so you would be expected to tell them about this incident. If you fail to tell them, it could result in big problems for you. However, if you tell them, and give them the disposition (final outcome of the case) and the expungement, you should be fine. Take care, Jason
Hi Jason,
is there anything to do when receiving a note of court referral following asylum interview like an appeal for example?
thanks in advance
If the asylum office made a mistake, you can ask them to reconsider. This rarely works. We have tried it recently in a couple cases, but our requests to reconsider are still pending, though the asylum office tells me that we will get a decision soon in one case. I will believe it when I see it. My opinion is that basically such requests are a waste of time, but I guess you have nothing to lose by trying. Take care, Jason
Hi Jason.
Thankyou for everything.
I have a pending asylum case and currently working using my EAD and i want to apply for school.
I got confused when they ask citizenship and the options they have available are
US citizen,
Permanent resident
Temporary Resident/Amnesty
Refugee /Asylee
Student Visa F1/M1
Other-Which gives you options of visa you had when you arrived in the US.mine is a B1.
so should i use my visa details or what is my residency category based on my pending asylum case.
thankyou.
I do not know what category is appropriate for the school. I think you either have to explain your status to them on the form, or call them to ask what they recommend you put on the form. Take care, Jason
Thankyou Jason
Hi,
I am an asylum applicant and my interview has conducted and refer to the immigration judge. Master Court hearing will be the end of this year.
I am graduating on this coming August. Is it possible to invite my parents by getting an invitation letter from my university? Will they be rejected because of my status?
They can try to come. Your immigration status may make it more difficult for them, but usually this is more of a problem for spouses and minor children, and less of a problem for parents. Take care, Jason
Hi Jason,
My wife and I applied for asylum in Jan 2016 and unfortunately we are still waiting for our interview?
My question: our case was under my wife name and she included me in it. Can I apply now for a new case under my name and include her in it so we cant get benefit from the quick processing of the newly filed cases or that is not applicable because we already have a pending case?
Thank you
I do not know anyone who has tried it. I suspect it will not work, since the filing procedure is different for people who are re-filing (which I think is you, since you were a dependent on the first case). I am not sure about this, so check with a lawyer, or check the I-589 instructions to see where to file. I suppose you don’t have much to lose by trying – either you will get a fast interview or you won’t, so there is no real down side, at least as far as I can tell. If you try it, let us know what happens. Take care, Jason
Hi Jason,
I filled for my asylum in February and I have already done my bio-metrics. My son came on a b1 b2 visa whose i94 expires next month. I have not yet included my application and wanted to inquire if he goes back to my country and come to visit in future will he have problems with immigration ? He has a 5 year visa that expires in 2022.
There is no way to predict that – it is possible that he would have trouble based on your application, especially if he is under 21 years old. However, it seems he came here once without a problem, so that is a good sign. Take care, Jason
Hi Jason,
Many thanks for your advices!
Want to know, how long this individual hearing goes?
and if you have lawyer and the jude has 80-85% approval rate then how many chances are there to get approval.
Thanks,
Individual Hearings take anywhere from 10 minutes to many hours; it depends on the case and the judge. My facetious side wants to say that you have an 80 to 85% chance of a grant, but in fact, the published grant rates have to be taken with a big grain of salt, and individual factors are very important – an “easy” judge will usually deny a weak case, and a “difficult” judge will grant a good case. If your Judge’s grant rate is high, that is obviously a positive sign, but it is not a substitute for doing a good job preparing the case. Good luck, Jason
Hi Jason,
I have been waiting for my case for three years and not been interviewed yet. I have sent the follow up letters for my case 2 times and made another follow up by the state senator. I also submitted an online ombudsman inquiry yesterday; their email says it takes about 5 months to get a result. I am wondering if it is a good time to hire a lawyer for a writ of mandamus? Is there any guarantee or hope if I file this lawsuit? Thank you.
None of those things will help at this stage, I don’t think. If you have not yet had the interview, the best things to do are to request that the case be expedited and also put the case on the short list. I wrote about these on March 30, 2017. Take care, Jason
Hi Jason,
I had an employment opportunity but found out that green card is mandatory.why is EAD not enough and is there legal recourse for this?
Whether the employer can impose that requirement may depend on the job – I do not know about it. You may want to talk to an employment lawyer to see whether this is actionable. Take care, Jason
Hi Jason,
Is it necessary to have a translator in the individual hearing? and also let me know how long the individual hearing goes on and you get the decision at the same time or they take time?
I submitted some documents regarding my case, will it be better if I add some more documents i.e news paper articles etc at the time of individual hearing.?
Thanks,
I wrote about evidence for asylum cases on April 18, 2018 – maybe that would help. If your case is in court, and you need an interpreter, you have to tell the Judge in advance (normally at the Master Calendar Hearing) and the court will supply you with an interpreter. Normally, they give you a decision on the same day as the trial, but not always. If you can find a lawyer to help you, that makes a big difference in court. I wrote about finding a free lawyer on September 22, 2016, and maybe that could help you find someone to assist with your case. Take care, Jason
I live in somalia. Hargeisa how can you help me to get asylum home seeker inthe USA
To seek asylum in the US, you have to be physically present in the US. If you are in another country, you can apply for refugee status (usually through the UN). However, these days, the US is taking very few refugees, so it would unfortunately be difficult to get to the US that way. Take care, Jason
Hi Jason,
I just realized that I have another question that would need your help. I had an at-fault car accident last year, and my insurance paid the claim to the other driver. However, the accident happened in a rainy day, and although I was at-fault, the police did not issue me a ticket, but points were deducted from my driving record. Now I’m in the middle of applying for my asylum-based green card, and I’m wondering whether the car accident could negatively impact my green card? Thank you again!!!
Unless you lied about something on the I-485 (an arrest for example), the car accident should have no effect. As for the transfer of the case, it probably has no meaning, as USCIS moves cases around a lot, depending on workload. Almost all I-485 cases are slow these days, so that is not really anything unusual. Normally, a principal asylee would not be interviewed, but they can interview. If they do, you should be prepared to go over all the questions on the I-485 and also be prepared to answer any questions about the asylum case. At this point, though, I see nothing in your post to make me think an interview is imminent. Take care, Jason
Thank you very much Jason! You made me feel much better!
Hi Jason,
My asylum-based I-485 green card application was first transferred to my local USCIS field office then transferred again to National Benefits Center in Missouri the next day. I’m pretty worried as some people say this usually means that USCIS will have me for an interview. However, I thought that as the primary asylee, my I-485 application should not need an interview. I’m very worried about the prospect of my case and want to hear your advices. Thank you very much!!
Hi Jason
can a asylum applicant get a Term Life insurance.
I think you would have to ask the Insurance Company. I don’t see why not, but you have to ask. Take care, Jason
Mr Jason, i have a question sir, what kind a document do i need to submit to proof of my 1 year continue residence in the united state for application i-485?
Usually we do not submit such evidence for our asylee clients. We just wait for one year after asylum was granted. You are correct, though, that this is an element that USCIS considers, and these days, where they are doing their best to deny cases, you are probably wise to include evidence of physical presence. Such evidence might be pay stubs or a letter from the employer, taxes, lease/mortgage documents, letters from people who know you, school records, etc. Take care, Jason
Thank you Jason..!
Dear Jason,
Please kindly advise if I can apply for asylum when the visa is out of status since the visa was given for 6 month period and asylum can be filed within one year of arrival to USA. Or with new changes in asylum filing you must submit asylum while you have a valid visa and i-94 only?
Question is – can I apply for asylum within one year of arrival to USA? Or with new rules implied by president Trump if the person is out of legal status and applies for an asylum he/she will be deported after he/she will send docs to USCIS office?
Your reply is highly appreciated.
Thank you in advance for your kind time and reply.
Firstly. If you passed months when you arrive and you want to stay up to 1 year. You have to apply for that. Ucsis will be decide about your application. If they extend your visa you will be in legal status. But if you don’t apply and stay after 6 months directly you will be illegal and you can’t apply affirmative asylum application. However you can apply at court. Both are different cases. By the way I also wait for Jason answer.
This is not correct – even if you stay beyond the period of authorized stay, you can file affirmatively for asylum. Even if that is beyond one year (though unless you meet an exception to the one-year bar, you will lose the case and be sent to court). However, you are correct that if you overstay the visa and are detained or somehow come into contact with the authorities, you could be placed into removal proceedings, where you would need to file asylum defensively with the Immigration Judge. Take care, Jason
Dear Jason,
Thank you very much for your kind reply. I appreciate your help.
Is it possible to ask a question related to the form I 589? The question regarding previous marriage and a child. My husband was married and his ex wife cheated on him and he is not sure that this is his child even though he gave his family name to the child (he found out about cheating later). Since he is not sure if this child is his, he does not want to put information on this child in the asylum application.
Question is – shall this child to be included?
Thank you very much for all.your great work and help to so many of us who have questions. God bless you.
He might want to be careful about this. On the last page of the form (Supplement B), there is room to provide an explanation. He might want to give the child’s info there and explain what happened. At least this would avoid any possibility where he could be accused of lying. I am thinking of one of my cases, where the applicant was denied because she lied about a prior marriage. It turned out, the ex-spouse had also applied for a visa, and so the US government knew about the marriage. Had she explained the full story, her case would not have been denied (we know this, because we also did her brother’s case, which was the same as hers, and that case was granted). Take care, Jason
I don’t think so you will deport before get decision.
You can apply for asylum within one year of arriving in the US. There are exceptions to this rule, and I wrote about that on January 18, 2018. The visa expiration date is not relevant to when you can apply. Take care, Jason
Thanks jason.
Hi Jason,
My question ,
Is there any prosecutor from the state who would questions me?
Thanks,
During an Immigration Court case, there is a government attorney who usually asks questions – that person is from the federal government, not from a state. Take care, Jason
Dear Jason
What’s do you think for next 5 years regarding for has asylum case pending ?under this new administration.
Is it will be pending forever ?
Thanks
It depends on when you filed. Some people may wait forever, but I know they are trying to move these cases more quickly. Whether they will succeed, I have my doubts, but we will see. Take care, Jason
filled 2013,interview done 2017 so whats do you think sir ?
About the delay? This is common, but it has been a while, so you can contact your local asylum office to make an inquiry. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason/Team,
I appeared for my asylum interview in Nov 2016 but havent received any decision yet. I am also on a temporary protected status. MY husband’s employer is currently filing for his I-485 and we are planning to file for myself for the I-485 together.
Should i withdraw my asylum case before filing for the I-485? How do i proceed with filing this new application?
Also, I do not have any other status except for TPS. My F-1 expired on September 2014 and i filed for asylum before then and the TPS only started on November 2015
You should talk to a lawyer about how best to proceed, as there are different options and it depends on several factors (for example, you might need to leave the US, which may or may not be possible). In general, I recommend that people do not withdraw the asylum case until they receive the green card, but sometimes, you have to do that if the GC case moves too slowly. Take care, Jason
Hi jason, do you have any idea when those who filled for asylum in may 2017 while be having their asylum interview?
Also, please if any filled in may 2017 and has gone for interview already, please he/she should help me with more info.
my asylum case is been handled by the Houston office.
Thanks,
I think no one knows that – the only way to get an idea is to see whether people who filed there are being interviewed and to know when they filed. Our only pending case there was interviewed a couple months ago, but that one was expedited. Take care, Jason
Hi Jason,
My Final hearing in front of Immigration Judge will be in the month of June 2018. My mental health condition is not good. My family also notice this and realized me that I don’t remember most of the events. I cannot express anything in sequence and details.
Should I discuss with the IJ at the time of hearing or I have to notify them now and request them to extend hearing date to prove my mental health condition by the doctor,
Thanks
ALISA
If you have a lawyer, you should tell the lawyer. Maybe you need a mental health evaluation so you can submit it to the judge. I do not know your case or your condition, so I cannot say much, but I do think you need to take action immediately, especially if you plan to postpone the hearing. You normally cannot do that at the last minute. Take care, Jason
Thank you so much Mr. Jason for your quick response.
Can you please tell me my brother or any other relative can wittness my past events as a supporting affidavit?
Again Thank you so muc
Anyone who knows about the situation can serve as a witness. I wrote about how to write a good letter on August 16, 2012 – maybe that would help. Take care, Jason
I applied asylum last November’17 from LA office. Does anyone knows how long it will take to process case?
Dear Jason,
It’s already 6 months we are waiting for our decision. I want to file a mandamus. How do I do it?
Before you do that, you should contact the asylum office to inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. If that does not work, you can try the USCIS Ombudsman – a link is at right. If there is still no decision, you can file a mandamus, but you would need to talk to a lawyer about the process. Take care, Jason
Dear Jason,
My husband has applied for asylum and is still waiting for the decision. I and my child have problems in our country and we cannot wait for years for our answer. Can we ask for asylum at the border on the basis of my husband’s case?
Maybe, but your husband might do better to explain your problem and try to expedite your case – I wrote about that on March 30, 2017. It is getting more and more difficult to apply at the border, and the government is now threatening to separate parents and children, which is utterly disgusting. In any event, I would look for alternatives before coming to the border for asylum and only do that as a last resort. If you do that, try talking to an attorney before you make the trip, so you can prepare for whatever happens when you arrive. Take care, Jason
good evening jason
first of all, I wish happiness to you and especially to all your family, for all that you do for us. i have been applying asylum since december 2016, which my daughter(19 year) is include in my application. So since 2016 until today, I received my receipt number, my alien registration number and even my work permit. for my daughter, she did not receive a receipt number and did not even receive the alien registration number. She have not received any immigration paper in her name. I do not know what to do . please , I need your advice to help me. Thanks
If she was a dependent on the case (meaning you sent a separate page 9 of the I-589 signed by her with her photo), she should have gotten a fingerprint appointment. If she got that, she can use that document to apply for an EAD. If she did not get fingerprinted, she may not be a dependent on the case (listing her name on page 2 or 3 of the form is not enough). If she is not a dependent, you can add her to the case – contact the local asylum office to ask about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Sir Jason,
Please help me out in this. Its regarding EAD aaplying for first time on pending asylum C8 categoery.
I have check in uscis website under my categoery c8 its saying dallas address. Whereas my service center in los angeles california and i submit my case there only. Its surprising ??
Please help me.
Thanks
The address to mail the I-765 is different from the address of your asylum case. So if you have the address for the I-765, that is where you mail that form. Take care, Jason
Hi Jason,
Want to know, if there is any attorney from the state/ federal to argue with you in the individual hearing?
Thanks
I do not understand the question. If you are asking whether the government gives you an attorney to help you, the answer is no. There are non-profits that might be able to assist – I wrote about that on September 22, 2016. Take care, Jason
Hi Jason
Thanks for your blog service,
Quick q , my parent green card case was denied and we appeal for that, but q is that my bro us citizen given chq from his bank and its bounce as not enough balance in this situation , so what can we do in this matter,
Kindly advise??
Thanks
Sorry, I do not understand the question, and in any case, I can only answer questions related to asylum here. But if a case was rejected for a bounced check, you likely need to re-file the case. Take care, Jason
Are “have you ever dadada” questions standard at the end of every interview?
If you mean the “bar” questions (that bar you from asylum), like “Are you a criminal? Are you a terrorist?” Then yes – they ask everyone. Take care, Jason
Jason thanks for meeting me on Friday. My interview went well , but I think I see a screwup.
Are questions about visa documentation preparation common? (How many times have you applied for a US visa? Did an agent prepare your visa application or your self? etc). I think I messed up.
My officer asked me these questions in a way meant to make me think long and hard for the answers, and also afterwards whether there was any organization other than the ones I mentioned in i589 for which I’ve been associated with? I answered NO, but aftre interview, I went back and opened my visa documentation and saw I had one extra employment and four more organizations listed there in the visa application that weren’t mentioned in the i589/interview?
I wasn’t lying. THe explanation is easy. When I was filing for visa, I thought of the word “organization” in a very broad manner, different to when I was filing the i589. Some of them are not actual “organizations”, just school project clubs. *facepalm* Should I write a letter of explanation?
Questions about visas are common – it is one area where the Asylum Officer has a lot of info, and so can be used to help determine your credibility (since the officer already knows the answer). In this case, you might want to write a letter of explanation – but it should be short and to the point, and clearly explain the issue. You can submit a one or two page letter by email, in person or by fax or mail, but make sure to include your Alien number, date and time of interview, and the officer’s name or number if you have it. Take care, Jason
Hello jason,
i wanna ask one thing. I hav applied asylum 5 month back and that time have done biometric fingerprint. I just wanna know that again i have to give biometrics after applying the EAD work authorization I765??
Awaiting for your reply
Thanks
Absolutely not.
Probably you will not need to do the biometrics for the I-765. I think most applicants don’t; sometimes, USCIS does ask for fingerprints, though. Why that happens, I do not know. It may depend on when the I-765 is filed in comparison to when the I-589 was filed. In any event, if USCIS wants you to do fingerprints again, they will send you a letter. Take care, Jason
Thanks Jason
Well I have done finger printa 5 months before.
Thanks
Hello jason
Where do i mail the Ead its showing in dallas for c8 categoery wherelse my asylum case in calironia. I hv checked in uscis web.
Awaiting for ur reply
Thanks
I can’t give specific advice about forms – just check the Direct Mailing Addresses for your category and location for form I-765 – you should see it. Take care, Jason
I have check check in uscis website under my categoery c8 its saying dallas address. Whereas my service center in los angeles california and i submit my case there only. Its surprising ??
Please help me.
Thanks
The address to mail the I-765 is different from the address of your asylum case. So if you have the address for the I-765, that is where you mail that form. Take care, Jason
Hi jason, do you have any idea when those who filled for asylum in may 2017 while be having their asylum interview?
Also, please if any filled in may 2017 and has gone for interview already, please he/she should help me with more info.
Thanks,
I don’t know – maybe if you state your asylum office, someone in that office will respond. Take care, Jason
Dear Jason,
I would like to ask you,
My friend is USA asylee, he has wife and 2 kids from his native country. They are here in USA and they are depended in his case. His wife is pregnant now in USA. What documents should they provide to USCIS (is there any deadlines) to include the third child into case?
Thank you so much!
They don’t need to add 3rd child in to the case. Because baby will be US citizen. Take birth certificate and go to social security administration, etc.
I don’t understand the question – if the family has asylum, there is nothing more to be done, and the new baby will be a US citizen if he/she is born here. Take care, Jason
Jason,
They are waiting for interview. They haven’t got status yet. Sorry for my mistake
Hey Jason, I recently discovered that I was eligible for being granted asylum back in 2013. (Withholding of removal was granted instead – the reason was that I passed the 1 year deadline) – I discovered that i should have been granted asylum counting from last stay date on i-94 record instead of date of last entry as exception. I also discovered that “e) Reconsideration of discretionary denial of asylum . In the event that an applicant is denied asylum solely in the exercise of discretion, and the applicant is subsequently granted withholding of deportation or removal under this section, thereby effectively precluding admission of the applicant’s spouse or minor children following to join him or her, the denial of asylum shall be reconsidered. Factors to be considered will include the reasons for the denial and reasonable alternatives available to the applicant such as reunification with his or her spous e or minor children in a third country. (Redesignated as paragraph (e) and revised effective 3/22/99; 64 FR 8478 ) ”
Today married to us with 2 born children, my spouse filed for i-130 granted. now about to file joint motion with CCO to reopen and terminate in order to file i-485… But I was wondering whether should do so in light of recent discovery that I should have been granted asylum?
So, Do I ignore my recent discoveries and file joint motion reopen to terminate or reopen to reconsider or what would be the best avenue to take?
Thanks
Note: Since that withholding till now, I have been separated from my 2 toddlers almost 6 years now. they even had 2 new siblings.
You would need a lawyer to review the details of the case to decide on the best approach. But if you are married to a US citizen, and the children back home are under 21, your spouse can file I-130 petitions for each child as the step-parent. Maybe talk to a lawyer to see whether that option would apply in your case, but I do not see why not. Good luck, Jason
Hello Jason
What is approximate wait time for asylum decisions? Thank you
Normally 2-3 weeks. But some people still wait 5 years.
I’ve been waiting for 7 months so far. I submitted few inquiries, still no results.
You could try to inquire through the USCIS Ombudsman – a link is at right. It probably won’t help, but it’s free, and you never know. Good luck, Jason
We see decisions take anywhere from a few days to a few years (or more). Most cases are resolved within a few months of the decision, but the wait time is very unpredictable. Take care, Jason
Hi Jason,
Unfortunately my asylum case was assigned to the immigration judge this week so now I am thinking what options do I have. In explanation from USCIS they have stated that I have been illegally from my B2 visa been expired, jet I have applied on time for student visa which is still pending.
Is there a chance that now they can approve my student visa and if yes can just use that type of stay?
My next question is can I apply for EB3 visa while waiting for court hearing for asylum? Is there any other type of visa that I am allowed to apply in mean time ( like diversity lottery or similar).
Thanks in advance for answer.
Sorry to hear that. They don’t approve non immigrant visa if you apply for asylum. You need to find an employer for eb3 visa. You can not apply by yourself. If you win diversity visa you need to leave country but you need to find an immigration attorney. Finally I think that you don’t need to be worry. Because you still have time to live hear about 3 years. In most cases take 3 years. By the way I also wonder that Jason answer.
Mike,
Thanks for your reply. Actually I have an employer that is ready to go for an EB-3 for me, but my question was can I start that process no matter I have asylum case waiting for a process with the judge. If I can that would be great.
I know that eb3 visa application is not effected by something .hovever when you get approved you still need to leave country. Maybe you have to wait to get final decision from judge. After you can go to get it.
Mike,
Is there a certain period of time or reason I need to be out of state if they approve EB-3 or the reason I have to leave is to apply for visa at my home country?
You can start the process, but you probably cannot finish without leaving the US, and whether that is even possible, I do not know. It seems like a waste of money to start the process if you can’t finish it and get the GC, so it is good to talk to a lawyer and make sure you can complete the entire process before you start spending money on this. Take care, Jason
I think that when a case refer to judge , it means there is a crime according to law. I mean that you are in US with expired visa and you have to explain why you are here illegally. So lets say . judge decided deportation for your case . After you will leave country and you can not enter US with non immigrant visa about 10 years. Finally you need to get decision before leaving US. By the way judge might approve your case.
It is not a crime to overstay a visa. If you get ordered deported, there is generally a 10 year bar to returning, but you can apply to return early. Some people get voluntary departure instead of a deportation order. This makes it somewhat easier to return, and at least avoids the deportation bar. Take care, Jason
Another thing . Some cases denied . But don’t refer to judge . It means you can go your home country. When your eb3 visa approve you can come again. I mean that if your case refer to judge it is different problem.
I agree – but there are some exceptions and some people can adjust status based on EB3 without leaving – this is very rare, and so I doubt it would apply, but you can always talk to a lawyer to review the specifics of the case and see what options might be available. Take care, Jason
If they referred you to court, they think that you have no status here. If you applied for an F visa while the B visa was still valid, you should still be “in status” (I think), and they should not refer the case to court. You might want to call USCIS or somehow check the status of the application for an F-1 visa. You can probably start the EB3 process, but most likely, you would need to leave the US to complete the process, and this may or may not be possible. You should talk to a lawyer about your options to be sure. Take care, Jason
Hello Sir,
I want to ask one last question. As i told earlier I have applied asylum i589 and recevied acknowledgement receipt saying that i can live here legally till interview pending. So what will be my statuts here Asylee/ Refugee or Asylum. As I have to answer in my EAD I765 application form.
Thanks
Asylum applicant. This is the answer
Unless you have some other status (like a valid B or F visa status, for example), your only status is asylum pending, which is not really a status. It does mean you can remain in the US until the case is resolved. Take care, Jason
Hi Jason,
Do you have by any chance an idea about who is being currently interviewed in the Arlington, VA center. How can we know? Are they still doing LI-FO ? What year are they working on?, when should people expect their interviews, etc… Please advise. Thanks,
I think they are interviewing based on LIFO and when they have extra time, they are interviewing old cases (from fall 2014). They may start interviewing more recent cases and work their way backwards, but I have not seen that yet. Take care, Jason
Hi Jason,
How to know the name of your judge?(who is handling your case)
Does it effect on your decision if the judge has a 80-90% approval rate?
Thanks,
The only way for a non-lawyer to get the name is to call the court and ask. You can find their contact info if you follow the link at right called Immigration Court. If the Judge has a high approval rate, that hopefully bodes well for your case. Take care, Jason
Btex, when was your interview and how long did it take you received the decision which assigned to the court?
Dear Sir,
Hope u doing fine. I have 2 questions.
1- I have applied asylum and my wife and child are my dependent in the same application and I am the primary applicant. My question is I got only One acknowledgement receipt from USCIS so its enough for all of us Or its has to be 3 receipts for all of us seprately. And It has only my name and Alien no.
2- In the same senario Now my 150 days past so I wanna apply for EAD And I am applying for all of us with seprate form I765. My question is I will send form in seprate envelop or in a same envelop? And as supporting documents i will attach one receipt for all of us with other docs. Is it fine ?
Appreciated your help and support.
Thanks
1) You usually get only 1 receipt with your A number and Receipt Number written on it. so dont worry about your wife n child.
2) For safe side use 3 separate envelops and forms and make sure you put the 3 Alien numbers which you have got while doing your Finger prints. and Attached the copy of same receipt which u received in all 3 applications.
1 – You should get one receipt, but everyone should have received a fingerprint appointment. 2 – Each person needs to send his/her own I-765. We send a complete package for each person, but we separate the packages and send them all in one envelope. That way, any fingerprint appointment will (hopefully) be scheduled on the same day for each person. You could send each package separately as well. Some people do that. Take care, Jason
Thanks Alot Jason
Really Appreciated.👍
HEY jason,heard about ur service from my friend,thanks for that.
my question is,
1.I have granted an asylum in aug2016 and applied for my wife a petition a year ago as she is now with me but still waiting,so before she gets the paper can we apply for ssn and ead?
2.Ho long should I wait to get my green card,uscis sent me that the have transfered my case to my state on Jan 9 after that nothing is moving.
3.As I am an asyle I couldnt use my country’s passport but in my company they need a passport to be filled so what shaould be my response.
4.On USCIS site ,if greencard application is in pending state i can apply for travel document for free and applied but they returned it multiple times coz of payment missed.
1 – If you filed an I-730 for her and she is in the US, it normally does not take that long. You might want to inquire with USCIS. You can find their contact info at http://www.uscis.gov. While she is waiting for the I-730, I know of no way for her to get an EAD or SSN. 2 – I think processing times are over a year (and it may be more than 1.5 years). You can check processing times at http://www.uscis.gov, but things these days are slow. 3 – You can get s refugee travel document using form I-131. Or you can use your passport, as long as you do not use it to travel overseas. I think there should be no issue if you just use it for an ID. 4 – This happens, and it is annoying. You may just have to pay. Take care, Jason
Hi
Again I missed the reply coz I cant see on the blog page.
Please help
Thanks
Try posting the question on a different page. Take care, Jason
Hi Jason
I want to ask I am on visit visa (B1) and in US right now and want to marry a green card holder girl. After marriage can I apply for work permit and change of visa status ?
Thanks
Hi Mani, as far as I know, your green card holder fiancee can apply for form I-130 for you and in the meantime, if you cannot maintain a legal status, you have to leave the US and wait in line to get your Visa in case her application is approved.. good luck.
I hope Jason has more helpful information.
If your status expires, you are probable not able to get the GC without leaving the US, but you can talk with a lawyer to know for sure. Take care, Jason