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
Jason, my case was referred to immigration judge this week. My ead is expiring soon, Will I be able to renew my ead until my case is with immigration judge?
I read an article which says that people in removal proceedings (I got such letter from officer) cannot apply for ead. Is this true?
This is the link- https://www.forbes.com/sites/stuartanderson/2018/07/11/new-uscis-policy-will-carry-harsh-consequences-for-applicants/amp/
I think you can still apply for an EAD. The recent changes do not seem to affect that, at least as far as I can tell from the USCIS memo. Take care, Jason
Hi Jason,
There are different types of attorneys. What does ESQ ending mean at the end of the attorney title?
I would appreciate if you could clarify on this.
Thanks.
Esquire – I think it means someone who is admitted to practice law (someone who passed the bar exam and is licensed). Take care, Jason
Jason,
My case was referred to Immigration Judge and I was trying to find out the information on who will be my judge I will be seeing.
I remember you posting that info earlier but could not find it.
Can you please provide the link on how to find out about one’s IJ.
Thanks.
That information is no longer available on the hotline (800-898-7180), though you can still get your court date and learn about the “asylum clock.” To know your Judge, you have to either wait for the first hearing, or call the court to ask. You can find their phone number if you follow the link at right called Immigration Court (under Asylum Seeker Resources). Take care, Jason
Hi Jason, I am asking on behalf of my friend who is applying for Asylum, he is now going to attend interview in mid- July. He applied about 4 years ago, and it’s been a long time, his personality changed a lot during those 4 years. His asylum case was made up, a large portion of his story, so he would like to tell the truth in front of the immigration officials. He would like me to ask (because he doesn’t speak English), what would be the worst situation for him if he tell the truth to the asylum officials on the spot that his case was made up? Would they put him in jail or fine him a lot of money? Or would they just deny his case and ask him to leave?
Thank you, I appreciate his courage to speak the truth and he would like to testify with truth, so consequences he has to face, but we would like to know how bad or simply what the worst would that be. Thank you.
He would do well to submit a written explanation in advance, explaining the true story and why he did not tell the truth in the asylum application. It would also help to have a lawyer with this, but the time frame is very short (he can ask the asylum office for a postponement, which would give him a couple extra weeks). The worst case is probably that his asylum case is referred to court or denied. However, if a person lies under oath, they can be prosecuted criminally. In his case, he is ready to tell the truth now, and so I doubt that he would face any criminal sanction. I also appreciate his courage to tell the truth, but it will help to do that in writing prior to the interview, and then again at the interview. Take care, Jason
Hi Jason, God bless
Finally I found a platform where there’s someone who is replying promptly. Good job.
My husband applied in March 2017. Can you tell us how soon we can have interview call or how much time will it take? Approximately.
Do you know anyone who received an interview call from old cases?
Thank you 🙏
I did a post earlier today that provides some info on the various asylum offices, but the short answer is that no one knows when he will get an interview, and it is unlikely to be any time soon. He can try to expedite his case – I wrote about that on March 30, 2017. Take care, Jason
Hi. You applied 4 years ago? From what office? Did you expedite to get interviewed? Please let me know. Thanks,
Dear Jason,
Can you please clarify with address changing?
I provided i589 and i765 to uscis. EAD is received. Now I’m waiting for invitation to interview. I would like to fill AR-11 online. Do I need to select both forms i589 and i765 at the beginning of form?
Thank you very much!
If the EAD has been received, there is nothing pending, so I think you only need to change your address for the I-589. Take care, Jason
Jason, will attorney’s relations with IJ make any difference in the outcome of asylum case? Some say that specific attorneys have good relations with IJs and their cases are mostly approved. Is this true?
Thanks.
I don’t think IJs approve cases for attorneys they like, but I do think it helps if the attorney has a good relationship with the IJ – the IJs (and usually DHS lawyers) trust such attorneys more and are more likely to give them the benefit of the doubt. Conversely, an attorney who the IJ or DHS does not like, or thinks is a fraudster, could harm your chances for success. Take care, Jason
Hi. I gave my asylum interview last month and i made a mistake by saying an incident occurred in march in stead of may….is that something i need to be worried about!!!
Thank u
It depends on the incident and the context. If you are concerned, you can contact the asylum office and tell them about the mistake, and explain how it happened. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Good afternoon Mr Jason,
I have a question. I filed and sent my asylum on august 2016, and couple days ago i realized that i made a serious mistake on applicatiln regarding my travel history. I wrote some countries where i have never been too, and to be honest, i dont know how and why i did that, because i was writing my application with some other people together, and i might just listen to then and put all this information my mistake. I dont know how to correct that mistake and if i can correct it. Also, i did not mention on my application that i have dual citizenship, which is a serious mistake as well. What should i do in this case? I dont have a lawyer, the ones who work for free only take new cases, and the paid ones are goo expensive. Please help me with your advice, i would like to know how to correct those 2 mistakes and if i should correct it before interview or when i will go to the interview. Thank you
Once the interview is scheduled, you can submit additional evidence. For the mistaken countries, I think this is not a real problem – just tell the officer at the interview and be prepared to explain how you made the mistake (as you explained above). For the dual citizenship, this is a big issue. You need to provide evidence about that. You are also not eligible for asylum unless you can also prove you have a fear of return to the second country as well. So you need to demonstrate that. This is a situation where at least consulting with a lawyer can help. Some non-profits offer consultations, and I do recommend that you look into that, as essentially, you need to prepare a second asylum case from the other country of citizenship. Take care, Jason
Thank you for your reply, Jason.
About counties- do you think its a good excuse or my asylum might be denied for that? And about dual citizenship, I still did not send my case to USCIS, so i am still writing my case and adding additional info. I have stories from both countires on my counties. I am mostly concerned about the travel history because that is such a stupid mistake i guess 🙁
I think the travel history is probably a minor issue. The main issue with travel is if you traveled to a safe country and then returned to a country where you face danger, or if you received an offer of firm resettlement from a third country. The bigger issue may be demonstrating that you cannot return to either country of citizenship, but that depends on the case. Take care, Jason
Hi Atty. jason. My daughter is an Americsn Citizen now. I have a pending asylum application since December 2016. My daughter likes to file a petition (GC) for me.
My questions, what are the step by step action, do I need to seek assistance from a lawyer? Thank yoi so much.
If she is over 21, she can file for you, and you should be able to get the GC without leaving the US (there are exceptions to this rule). The process is not difficult (check out forms I-130 and I-485, available at http://www.uscis.gov to get some idea), but you might want to consult with a lawyer just to make sure there are no issues with eligibility. Take care, Jason
Thank you so much Atty.
Hello Jason,
May God bless you for your wonderful work of helping the helpless.
Here is my worry, I recently filed for EAD for the first time and did not include my daughter who is 14 years old. Can I still file the Form I -765 for her?
Please advice me on what to do
My regards
Hi Mariam, you definitely can file I-765 for your daughter separately. I did same for my three children. Good luck
Hi Vasak, thank you very much for that information.
Stay blessed
If she is a dependent on the asylum case (meaning you filed a page 9 of the I-589 with her signature, name, and photo), she should be eligible for an EAD at the same time as you. She does not have to file, and can file wherever she wants. Take care, Jason
Thank you very much for the advice Mr Jason. Please just keep on with your good work.
Please permit me to ask some questions for more clarification.
I filled only one form I-765 for myself and posted. I am asking whether I should fill that same form I-765 for my daughter and post it separately since I didn’t enclose hers when I posted mine.
She actually filled page 9 of form I -589 and signed with her picture affixed on it.
My regards and stay blessed
In that case, she can file her own I-765. If she is too young to sign, you can sign for her, but otherwise, it is the same application, only for her instead of you. Take care, Jason
Thank you for your relentless effort Mr Jason.
May the Almighty God bless you always
hi Jason – I have an asylum application (main applicant is my husband). We weren’t able to attend our first interview and as such they said they will reschedule us. in the meantime employer submitted green card for us . I have received permanent EAD from the green card application. . and haven’t head back about the new asylum appointment yet. my question is :is the asylum annulled now ? should I do anything ? second question can I travel on my current L1A visa that is still valid and reenter the US ? thank you
How did you get green card. Did you leave county to get it. Please share your experience and help us.
They should rescheduled the asylum interview. I do not know that you need to do anything. If they somehow do not reschedule, you can keep it pending, and if the GC comes through, then you can close the asylum case. As for travel, you should check with your lawyer, but I believe it is ok to travel and return with an L1 and with asylum pending. I am not sure, though, so double check. However, if your husband (or possibly you too, depending on the case) travels to the home country, it could cause USCIS to believe that the asylum case was fake, which could create problems, so be careful about that. Take care, Jason
Hello jason,
Thanks for your previous replies, I have a new doubt.
1. Do we need to submit all the documents before the interview. I need to submit by monday , I cant get few of them by that time even through email(they wrote it and not responding to send) Suppose if i get them by the time of interview, can i submit those supporting letters on the same day of interview.
Thanks in advance
Different offices have different rules. In my local office (Arlington), documents should be sent a week in advance. Other offices may have different rules, but if you have no choice, just bring the documents with you to the interview. I think the worst case would be that they make you reschedule the interview. Take care, Jason
Hi Jason,
If I have received recommended approval and also got my EAD and want to move from Virginia to Minnesota is Arlington office going to transfer my case to Chicago office? I know I have to fill out and send them form AR-11 for address change, but I don’t want my case to be transferred to another office. But Minnesota is under Chicago office jurisdiction. Do they transfer cases when you move to a state under another office jurisdiction even after they give you “Recommended Approval”?
Thank you
Unless something happens that requires a second interview, your case should stay with Arlington until you get the final approval, so it should not affect your case to file the change of address (and anyone who moves is required to file it). Take care, Jason
Thank you!
I applied for my asylum in Arlington on the 19th of March 2018 received my acknowledgement and bio metrics appointment 2 weeks later. I did my finger prints a week after and I am still yet to be called for an interview.
I should be applying for EAD next month and as I was doing my research online I came along the combo of travel document and EAD. My question is when doing my application do I apply for both EAD & Travel (advance parole) ?
Thank you and regards
I think you cannot do that – I think that is only available for people with a pending I-485. However, I may be wrong about that, as I’ve never done it for an asylum seekers. If you could get that, it would be much better than normal Advance Parole. I guess there is no harm in applying for both at the same time and seeing what happens. Worst case, you get your EAD and your AP and they are separate documents. If you try, let us know what happens. Thank you, Jason
Hi Jason , appreciate all your help. I applied for affirmative asylum on Dec,2016 and waiting for interview still now and the political status of my country seems getting fine and good so Is there any way they might deny because of current political status of my country?
Country conditions usually don’t change all that quickly, but if the political situation improves and your case is based on political reasons, it could be more difficult for you to be granted. We saw this with Nepal when the civil war ended. In many cases, people could still qualify for asylum, but we needed to show that there was still a possibility of harm, or that they suffered severe past persecution such that, even if the country is now safe, they can still qualify for “humanitarian asylum.” Take care, Jason
hi my lawyer just told me yesterday that uscis started calling 2015 cases again in New york
Interesting. The local offices have a lot of control over how they schedule cases, but I do think they are all doing new cases first. Maybe if they have extra capacity, they will interview old cases. Take care, Jason
I’m a sep 2015 case too and also I filed to expedite my case 2 times and they told me the supervisor still hasn’t read it due to a lot of requests. My case is in San Francisco I’m really curious is it only NY that started to call 2015 cases?
Virginia was also calling old cases, but they seem to have stopped this practice and are now only doing new cases or expedite cases. Each office seems to be doing its own thing, though they are all generally following LIFO. Take care, Jason
Hi Jason, congrats with new looking website.
I have Master Hearing soon but don’t have an attorney. I am planning to hire one but so far did not find a good one. Is it a must to have one or not? Will having an attorney have some effect on the outcome of my case?
Thanks.
I wrote something about that on July 7, 2016 and December 11, 2017. The short answer is that for a case in court, an attorney makes a big difference, at least statistically. If you cannot afford a lawyer, try contacting a non-profit for help – I wrote about that on September 22, 2016. Good luck, Jason
Hi
Does anyone in my home country knows about my asylum application?
Does the uscis report or investigate anyone there?
It is impossible if they are not looking for you. Hovewer If you have a crime through your country government, They might know. If you are gay , lesbian , etc. Don’t worry
They can do investigations in the home country. They are required by law to keep confidentiality, and they basically respect that. I have seen some exceptions, but they are rare, and I do not think this is a concern in the very large majority of cases. Take care, Jason
applied asylum in 2016 , my asylum office is arlington and have now work permit until 2019 and waiting for the interview , now I received a job offer in houston tx which is related to my education and experience and would like to relocate there , is it effect my case as my case will be transferred to houston office I guess . should I wait for interview more longer in houston and what are chances of approval as I wanna move to houston for a genuine reason as I was doing odd jobs and finally got the job related to my profession .. your feedback will be highly appreciated. God Bless you
You should move, if that is what you want to do, and file a change of address using form AR-11 (available at http://www.uscis.gov). The case will move, but whether you are in TX or VA, you would not get an interview any time soon (unless maybe you tried to expedite). I will do a post in a week or two with some data on the asylum offices, so check back if you are interested. The short answer is that neither TX or VA is moving through backlogged cases, so it probably does not matter which office your case is in. Take care, care, Jason
Hello;
I have applied for asylum it was September 2016. After 6 months I got work permission card from the government.
But still, I’m waiting for the interview. I’m gay and also I got married to someone who is from my country in Beverly Hills. Our application is together.
What do you think about interview because it will be almost 2 years there is no any answer?
Thank you so much for your help
Regards
Be ready at least 1 more year.
It is unlikely that a case from 2016 will be interviewed any time soon (I will post something about this in the coming weeks). You can try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Thank you very much for your blog. It is really very helpful.
I have a quick question?
I have been interviewed at Arlington office on 04/22/2018 after getting expedite approval. But, still now I didn’t get the decision from the AO. I asked the office about the status in person as well as through email, but they are saying that it is pending. It is more than 3 months. What do you advise me on this?
Thanks Lank
Unfortunately, there is not a lot you can do. You can inquire with them. If that does not work, you can try the Ombudsman. You can find their contact info if you follow the link at right called USCIS Ombudsman(under Asylum Seeker Resources). If that fails, you can talk to a lawyer about a mandamus lawsuit. Take care, Jason
Hi dear,
Can u pls give me rough idea if possible like what reasons do you put in, to expedite your case. Pls, your reply would be really helpful to me.
Thanks
Hi there
It is just because of family separation/ of my two kids. I request the expedite immediately after the new procedure. I believe that I got the approval because of few applicants during that time.
Hello Jason,
I had my interview 2nd week of May and have been waiting for AO decision. Im a gay man from Iran and out of status now but in status when i applied. The AO asked first asked me to pick up my decision but after 5 days called me that i ll receive it in mail. what is the timeline for banned counties like Iran to get the decision?
Thanks
Hi, Jason do take cases in Dallas, Tx? for Asylum
Thank you.
We can. If you want to contact me, my email is Jdzubow@DzubowLaw.com. Take care, Jason
Hi Jason,
Can I ask you these questions?
How much the EAD fees for asylees in total?
How I will submit it After150 days from filing my asylum application?
Thank you so much.
Hi Monda,
I’ve recently apply for the EAD through my pending asylum application[c(8)]
1. When you are applying for the first time, there is no fee.
But for renewals, The filing fee for Form I-765 is $410.
2. Below is the link where you can find the I-765 form and instructions
https://www.uscis.gov/i-765
The first EAD based on asylum pending is free. After that, you have to pay the fee or get a fee waiver using form I-912. All the info you need is on the form I-765 instructions. All forms can be found at http://www.uscis.gov. Take care, Jason
First time is free.
It is very common for a pick-up decision to change to a mail-out, and it does not indicate anything good or bad about the case. However, the time frame is not predictable. Usually, Iran cases get decided in a few months, at least in my experience, but delays can be days, months or years. Take care, Jason
Hi Jason,
First i would like to thank you for giving us an answer to our questions.
Actually i had an interview for my asylum case in January 25 2018 and the officer at the end of this interview told me you can come after 2 weeks to pickup your decision, and day before the expected day to get the decision the officer called me and told me that he needs me without my family to ask me some questions about my case.
I did the second interview and the officer told me when we finished the second interview we will send you the decision by mail, I still waiting since that time, it almost 6 months right now.
Please tell me what’s going on?
Thank you Jason
Such delays are common, and it may or may not be related to your case. The delay is not a bad or good sign about the outcome of the case. You can contact the asylum office to inquire about the status of 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 applied for asylum in March 2017 in Boston, MA.
Does anyone know what the approximate wait time would be in my case?
Thank you!
I meant wait for an interview date!
Thank you!
Hi Lizaveta, I am from Boston as well. I applied on second half of 2016 and still waiting. Good luck
No one can predict that, as they are trying to interview new cases first, and if they have extra capacity, they will work their way backwards. Based on the very preliminary data since they changed to the new LIFO interview system, it seems that Boston is basically keeping pace with new filings but probably making little progress on the backlog (I will post these numbers in the next couple weeks once I put something together). You can try to expedite your interview – I wrote about that on March 30, 2017. Take care, Jason
Thank you so much for taking this time and replying! The work you’re doing is so very important at a time like this for immigrants.
I will stay tuned.
Hello jason,
Thanks for your answers for my previous questions. I have few questions
1. Do i need to get letters only in my native language. Is it any problem if they are in english. My lawyer is saying to get in native language. Witnessed people are fluency in speaking not in written. As there official language is english only.
2. They respond too late, if i change my attorney is my case have any problems? Can i ask them back my fee?
3. How many days before we need to submit the documents to asylum office once we receive the interview date?
4. My interview is postponed from 28th june, do i get the next date exactly after 21days ?
Thanks in advance
1 – If they speak English, they can write in English. Otherwise, they can write in their language and you can translate it. 2 – You can change lawyers at any time. Whether you get your fee back depends on the contract and how much work the attorney did towards your case. 3 – The rule is different in different offices. In my local office, you have to file documents at least one week before the interview. 4 – They will send a notice with the new date. That usually takes a month or so. Take care, Jason
Green Card Status
I applied asylum based LPR on 04/06/2018, finger printed on 05/09/2018 and approved on 06/18/2018. No interview, I am a principal asylum holder. Thanks for all the valuable articles and information!!
Congratulations!!!
That was quick. Lucky you 🙂
If you don’t mind, can I know which office did you apply for LPR?
Thanks!! Nebraska office
Wow – that is fast. It seems that the wait time is very variable. Some people wait many months for the GC. Thank you for sharing, Jason
Thanks and it was at Nebraska office
Congrats! That is very quick. I have applied for a GC based on asylum 5 months ago at Texas center and still waiting. Was your application referred to a local office?
Hi Jason
I was interviewed on May 2018 and waiting decision now. Now I want to ask you about address can I change from Las Vegas NV to Fresno Ca if no impact on my decision.
One thing more my existing address is my brother home address and my brother sold that home and move to new home in Las Vegas and I plan to go fresno. So need your opinion what is the right step to do now.
hi Jason
i have applied in 2015 my asylum case and still didn’t get any date for my interview yet and i just learned from a friend who had his interview that after you applied uscis can’t exceed 3years for your date and i just wanna make sure that it’s true.thanks
It is not true. They often exceed three years for people, and under the current system, a case from 2015 would not be interviewed any time soon unless you expedite. I wrote about that on March 30, 2017. Take care, Jason
It sounds like the old address is gone, and so you need a new address to receive your decision. I think moving should have no effect on the case since it was already interviewed. The only exception would be if they needed to interview you again. In that case, it might be at a different location. Take care, Jason
Hello Dear Jason
Now I plan to live in Fresno with my friend home and don’t know how long in this case can I give my other friend address permanently who have own home in LOS Angeles Riverside. Is it possible.
Kindly Guide me.
You can give a mailing address, but if that is different from the physical address, maybe the best thing is to inform the asylum office directly that you have two addresses. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). The main issue is that you do not want them to accuse you of lying about your address, and so if you explain what you are doing (mailing address is different from physical address), you should be fine. Take care, Jason
Hello Mr. Jason,
How are you ?
Can I apply for U visa while my asylum case is pending since August 2016 ?
I was hijacked with my car and robbed on gun point.
Looking forward to hear from you,
With best regards,
James
I do not do U visas, but it sounds like you might be eligible. You can talk to a private lawyer about that, or try a non-profit, as many of those assist with U visas. I did a post with links to local non-profits on September 22, 2016. Take care, Jason
Hi Jason,
I’m glad to see you back and the new website looks cool and easy to use. I have couple of questions for my pending asylum I-589. Below are the questions as follows
1. I’m planning to apply for EAD through my pending asylum. If I get approved then how long the validity will be for that EAD?
2. Can I establish a new business through the
1. New EAD or are there any restriction?
2. H1B or are there any restriction ?
3. If I establish the business through H1B then you know I cannot work but my husband has work authorization. Do you think he can take care of it even though the business is on my name?
4. Which will be the best option either 1 or 2?
1 – The EAD is valid for 2 year if it is based on pending asylum. 2 – I think that should be fine if you have an EAD, but H1b restricts you to the job that has sponsored you. Other work under an H1b is not allowed (though this is not really my area, so you might check with the H1b lawyer). 3 – You’d have to ask the H1b lawyer about that; I do not know. 4 – If you get the EAD, you can work wherever you want, or start your own business, so maybe that is easier. Take care, Jason
Thank you for your response and much appreciated!
Hi Jason,
Thanks for your help! you’re doing great job!
I applied for asylum in 2012 and had interviewed after one month. My interview went very well and then I had to wait for my decision for 4.5 years. During this time, whenever I went to Asylum Office to check the status of case, they always said ” Your case is in pending for security background check- up”.
then after 4.5 years, I got a letter from USCIS and letting me know that my case has been forwarded to immigration court .
I had my master hearing last month and got Individual hearing date on 2021.
My question is that , If USCIS were to deny and refer my case to Immigration Court then why they took 4.5 years just to let me know the referral of my case to the Immigration Court?.
Should I have filed the motion reopen the case in Asylum Office? or what was the best legal way to handle it.
Thanks,
It’s a good question, and there is probably no satisfactory answer. Maybe they lost your file for a while, or your asylum officer left the office and did not complete the case, or maybe it was really a security check. It is far too late to try to reopen the case with the Asylum Office, and that very rarely works anyway. Your only real option now is to go forward with the asylum case in court (and pursue any other relief aside from asylum that you might be eligible for). Hopefully, you have a lawyer to help you. Good luck, Jason
Hi Jason,
Thanks for your reply.
Would appreciate if you could kindly let me know what kind of relief I can be eligible ? , will this help me to get my case approved? or can we tell this situation to our judge in written form so that could get approval .
Thanks for your help.
It sounds like you applied for asylum, so you probably also have a case for Withholding of Removal and Torture Convention relief (though asylum is better, these are a back-up plan). Maybe there are other forms of relief for you – Cancellation of Removal for example (if you have been here for 10+ years and meet the other requirements). As your lawyer if there might be anything else, but in most cases, asylum is the main form of relief. Take care, Jason
Hi Jason,
I hope you doing good.
My eight old son and l are asylum but my husband is in iran(a ban country),under the new travel ban ,can I file form I-730 when l be granted asylum?
Thank you
As far as I know, I-730 beneficiaries are not subject to the ban, meaning you can bring him to the US. I wrote about this issue on October 5, 2017, and I believe there have been no changes to the policy up until now. Take care, Jason
Hello
How do I change my address? I submitted my asylum application in November 2015, but I need to change my address as we have moved to another apartment.
Can I use my attorneys address as the new address, or it has to be my home address
Thank you
Sorry for the delay – Use form AR-11, available at http://www.uscis.gov. You can file it online. Typically, you could not use your attorney’s address – you need a home or mailing address. If you do not yet have a work permit and you move, this could cause your asylum clock to stop, which will prevent you from getting a work permit (if you already have the work permit, there is no problem). Take care, Jason
hi i have applied for asylum in 2015 and still waiting for my interview date.recently i heard that the statutory deadline after you applied is maximum 3 years to have an interview date and i just make sure that this information is true.thanks
Hi jason, I filled for asylum more than a month ago in California and I was expecting to be called for an interview in few weeks. Im a well known journalist and my story has been covered by several international media and human rights international organisations so I have very strong evidences. I don’t want my case to be lost in the backlog and I want to be interviewed as soon as possible so my case can be processed. How can remind the asylum office so they can interview me as soon as possible? As they are implementing LIFO, my interview should have been scheduled sometime ago. Thank you.
The 3-week period mentioned in LIFO is a myth – we have never seen a case interviewed that quickly. I would expect an interview 2 or 3 months after filing, so you will probably still get an interview soon. If not, you can try to expedite, but I would wait until at least 3 months before you try that. I wrote about expediting on March 30, 2017. Take care, Jason
Hi Dear,
Thank you in advance for you’re legal support.
My question is after asylum have granted, if the home land political condition is changed will it affects my family reunification?
It should not affect re-unification. However, you should apply for the green card as soon as possible (you can apply one year after your asylum is granted), as people with asylum can lose their status if the home country becomes safe (this seems to be very rare, but better to apply for the GC and be safe). Take care, Jason
Hi Jason,
What happens If a daca recipient marries a Pending asylee?
The DACA person could be added to the pending asylum case – Contact the local asylum office for the procedure to do that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
We have been waiting for the decision for 7 months. It’s already 4 years my husband didn’t see our child. I don’t know how long will the decision take. Please help me to decide which way would be the quickest to reunite with my husband. He holds a PHD however now he is a truck driver. Can his employer sponsor him? I am an ESL teacher holding high qualifications. Can I apply for a H1b visa? How long will that take? Or my husband’s sister is a citizen, can she apply for us? Please tell me the quickest path to come to the US.
Thanks in advance.
I don’t understand who apply for asylum with your husband. Firstly h1b or another visa type usually need a sponsor. You can’t apply by yourself. If he has PHD , he can apply for eb2 visa by a sponsor . If his degree qualified and equivalent us degree. If his degree from foreign country he needs to get evaluation from qualify companies. By the way for decision , I think that he needs to inquiry his case. He will get result after a few inquiry. And there are another way to get decision. I am not sure but Jason can explain . If I am not wrong it called mandamus lawsuit or something like that
Your husband should talk to a lawyer to go over the options, as I cannot tell from your post. You might qualify for an H1b visa, but those are not easy to get these days. The advantage of that visa is that your husband’s asylum case should not block you from receiving it. Also, your husband could get Advance Parole and try to meet you in a third country (I wrote about that on September 11, 2017). As for the asylum case, he should contact the asylum office to inquire, and he might also try the USCIS Ombudsman – a link is at right. If that fails, he can talk to a lawyer about a mandamus lawsuit. Good luck, Jason
It is the perils of operating a blog about immigration. We are planning changes to the blog platform, and hopefully that will help. Take care, Jason
I think your site has been hacked. I got the same error too.
We’re going to re-format the site soon, so hopefully that will help. Take care, Jason
Hi Jason,
As a web designer and developer I think you are running your blog on wordpress and your wordpress version has some kind of plugin enabled that is why it is diverting your link to somewhere. I think migrating to an other platform or CMS would be a good idea otherwise you have to sort out that plugin issue. I guess…
Thanks
From one of your great reader 🙂
We are in the process of making the change – But I am not so good with change, so it is taking longer than it should. Take care, Jason
Hello,
I have to ask something. My asylum is pending in california. I got the working permit recently. I am planning to go to texas for job for few monts like 6 months and offcorse the employer will run my ssn and workpermit for salary every pay check. And my child wil go to school.
I need to know in this senario do i need to tranfer my case ? Does it effect negative on my asylum case ?
Because eventually i hav to come back california but it will take fime.
If you keep your CA address, you can probably avoid changing addresses, since this seems to be a temporary move. But if it is a more permanent move, or you give up your CA address, you probably need to change your address with the asylum office and then if you move back to CA, you can change the address again. If your case is in the backlog (filed prior to January 2018), you probably will not get an interview soon, so changing the address a few times will not make any difference. Take care, Jason
Hi Jason.
So if the employer run my ssn for salary and my daughter goes to school so its fine? At the moment its a temporary job for about 6 to 8 month. And yes i applied on nov 2017. I am living with my brother sso it is my permanent adress even i am here or not this adress is not a problem. My concern is switching the state so it will not effect on my case. Kindly advise accordingly.
Thank you so much.
If it is a temporary job and you keep the old address, that should probably be fine. But if the asylum office thinks you lied about your address, it could cause them to think you are lying about your case, so you need to be careful about that. Take care, Jason
Hi Jaison,
I am little confuse on this let say if the employer run my ssn for salary and my daughter goes to school so its fine? I mean they got to know now or my asylum interview that i went there?
Or it will effect negative
Kindly advise accordingly.
Thank you so much.
I do not understand your question. Whether your daughter can/does go to school is not related to your EAD. I do not see what negative effect there would be. Take care, Jason
Dear Jason,
I’ve applied for EAD June 1st of 2018. How long does it take to get the EAD? Is it possible to check online?
Regards,
If you have not received any letter from UCSIS, you can not check right now. It takes about 3 weeks
I’ve received the acknowledgement letter after 3 days. But my question is when to receive the approved EAD so that I can start working. This is my first application for EAD.
First of all, law is very clear. Now you don’t have ssn . therefore you can not work. You have to wait for physical ead card to apply Ssn. I think that you have about 40 days to become legal worker. Finally you have to wait and wait.
You can check on-line once you have a receipt number. First time EADs for asylum pending seem to take 1 to 4 months. Renewals take longer. Take care, Jason
Hello Sir: My EAD was sent to me, but for reason I cannot explain it was returned to USCIS as undelivered. I got to know about this after two months and thereafter requested for it to be resent to me. USCIS gave me a waiting time of 120 days within which it would be sent. The time has since expired without any sign of my EAD been resent. USCIS has apologized and told me that they have requested for an elevated treatment of my case, and that I should allow up to 60 days for it to be delivered. What do I do in this present circumstance? Is this normal? Can I be given temporary EAD to work pending the delivery of my EAD which has been approved since December 2017? Your candid advice will be appreciated.
I am not sure what you can do – maybe try going to USCIS (you can make an INFO PASS appointment – a link is at right), but you may just have to wait 60 days and hope it works. If not, then an appointment is a good idea. Take care, Jason
I understand that one can work for 90 days while awaiting for his EAD, in the case of an application for replacement of a stolen or damaged EAD. What about an EAD that was returned to USCIS by USPS, and an application has been made for its return, and the period of 120 days allowed by law for it to be sent has elapsed? Does it mean that USCIS has the power to send ones EAD any time they want? Are there no longer rules guiding the actions of USCIS? Please what is the way out of my predicament because I am beginning to believe that this may be a deliberate attempt to keep me out of work. Moreover, I think that someone who has been issued with an EAD is entitled to work. I know that one of the rules of equity is that equity sees as done that which aught to be done.
I am not sure what the rule is (or if there is a rule) about this. The place to check is the employer’s handbook (https://www.uscis.gov/i-9), but whether this issue is covered, I do not know. Take care, Jason
Hi Jason,
Thank you for your good work. When we submit the I-730 application to Texas service center(TSC). Is that application will be transferred to the local office of the applicant jurisdiction to make the decision or it will be decided at TSC itself ?
I really do not remember which office processes the I-730 after it is filed, but that is automatic – there is nothing you can or need to do. Take care, Jason
Hello Jason . I applied for asylum in sfo office in November 2015 , along with my son and husband I was the main applicant , in March 2017 my mother was seriously ill in Pakistan so I had to travel to Pakistan my lawyer didn’t guide me to get travel document , so I traveled to Pakistan after 4 weeks I received at my Usa address a letter for interview my attorney wrote asylum office for withdraw the case which the approved ,. My question is that my visa valid till2019 can I or my husband still visit Usa on that visa .. can you help me professionally . I shall be grateful if you reply
I do not know whether you can return – if you have a B visa or an F visa, that might be more difficult than if you have an H1b, but it depends on the case. If you have a valid visa, you can probably get to the US, but you might be rejected at the airport. If that happens, you could leave the US (without leaving the airport) or ask for asylum at the airport, and probably be detained. Take care, Jason
Hi Jason,
Is there an estimate on how much time does asylum offices take to respond to requests or letters?
I mailed them a letter about a mistake in my receipt.
Thank you
If you do not hear from them in 30 days, you can follow up with them. It is probably best to try email or go in person. You can find their contact info/email/office hours if you follow the link at right called Asylum Office Locator. Take care, Jason
I emailed them, they said if you are not an attorney we will not respond to your specific inquiry for securuty and privacy purposes. I called them but the operator has nothing to do with when I should be expecting a response beside that -I think everbody in Chicago office know- the operator their is absolutely not helpful.
So I’ll wait for four weeks and if no response come then I’ll probably make an appointment and go there, what do u think?
It is pretty annoying that they will not respond to someone without a lawyer – they should. I suppose you can go in person and see whether that is any better. Good luck, Jason
Hellor Jason,
Ho lpe u doing well. I have a question sir. I am pending asylee.
Have applied the ead for Family 3 of us. And received the ead for 3 of us also got the ssn for me and my wife. But disnot get the ssn # for my 8 yr old child. So will thy sent me the ssn? Or thy will not issue the ssn for child? Coz i have submited form for 3 of us including my child as asked by you. Please let me know and Thanks for your assistance coz witout you its not possible for me to apply the ead.
Thanks
Hi,
I was at an interview 11 days ago, and the officer told me after the interview that I needed to go back to their office in two weeks to get my answer. They gave me a specific date and time. However today the same officer left me a voice-message saying that she is cancelling my appointment for this week and they will mail out my decision to my address. What does this mean? Does anyone know?
This is very common and probably happens in 70% of our cases where the officer initially said it would be a two-week pick-up decision. As far as I can tell, it has no effect on the outcome of the case. Take care, Jason
They should send it. If not, contact the local Social Security office and ask about that. Take care, Jason
I Jason my case is pending in court and court gave me P.D but now in these days I am facing some problem from my wife’s close relative threading me and my family that we will call govt agencies to remove us from U.S.A. MY Question is that is they can do any thing against us. Please help me on this matter what should I have to do and where I get help to prevent me and my family to protect from these kind of threads and cruel acts.
You should talk to a lawyer to send them a cease and desist letter (basically a threat to sue them unless they leave you alone). You can also go to court and get a temporary restraining order against them – if you cannot afford a lawyer, call the local court for your city/country and ask the clerk about a temporary restraining order. Take care, Jason
Hello,everyone. Just want to share my experience:
-January 2016 – applied for asylum in Miami Office
-September 2017 – applied for expedited interview ( didn’t mentioned any reason, just ask if they will have a gap – to schedule me)
-7 November 2017 – got a phone call from Miami office , asking if i can do interview in 7 days.
-14 November – got interviewed, 2 hours 45 minutes.
-Its been already 7 months , didn’t get any decision yet.
3 times I was visiting them in the Miami Asylum office.
First time after 2 months: they told me that case going through security checks.
Second time after 4 months : this time been told that my case is “pending” and officer didn’t make a decision yet. They printed paper with my case number and put a seal ” requested” or something like this.
Third time visited after 6 months : been told that my case is pending and officer didn’t make a decision yet.
I’m thinking to write a letter to them next month.Will keep you updated.
My question is to Jason, how do you think officers making their decisions. If they get cases, that they not sure about decision right away, do they reviewing them time to time or just don’t even pay attention. I don’t think that officer is working on decision at least once a month. Do they have a deadline? Or they just trying to get as many interviews as possible, but don’t care about giving decisions.Thank you
I am not sure if all officers do the case in the same way, but normally, the officers seem to make a quick decision and send it to the supervisor who must approve it. Some officers are slow (or leave the job with cases unfinished) or sometimes the supervisor and the officer do not agree, which makes things slower. I do not think you can rely very much on what they tell you when you inquire, so the info you received when you went in may not be very accurate. Aside from making inquiries and trying the USCIS Ombudsman (a link is at right), there is not much you can do to make them go faster. At some point, you can talk to a lawyer about a mandamus lawsuit, but that is usually a last resort. Take care, Jason
Hello
I have a pending case since 2015. What will happen now that, they no longer grant asylum to victims of domestic & gang violence. Will I still get a hearing, do they dismiss the case? How will they handle this from now on. I am pending case.
Victims of gang violence and (to a lesser extent) domestic violence can still potentially receive asylum, so do not lose hope about this. It is more difficult, but still possible. Also, if the case is filed in 2015 and still pending, you will not be interviewed any time soon, unless you are able to expedite. In most cases, if you don’t expedite, your case will not be interviewed soon, and so maybe by the time of the interview, we will have a better environment for such cases. Take care, Jason
Hi everyone, I want to update y’all on my asylum status.
February 2015- Applied for for asylum
Early 2018- policy change
Late Feburary 2018- applied for expedited interview(with one simple but emotional letter I wrote)
Early March- got an approval for interview and notice of interview
2 weeks later- got interviewed and was told to pick up my results
Result pick up- was told to case didn’t have a descion and that results will be mailed.(my case hasn’t been decided upon)
Late May- I submitted another letter begging the office to give me a descion
Early June- got my approval.
Congrats! Was it awaiting for background check that you begged after? Did you send a letter or your lawyer?
Congrats. Where did you apply for asylum? What location. Did your lawyer send an expedite request or yourself? Please let us know..
Thank you. I wrote and sent the letters my self. I actually dropped them off my self since I live close by the office. And my case was not on a background check. I was told it was under review for a decision .
Hi EMK,
Congratulations!! Can you please share with us what reason did you give them? My understanding is that it really is completely up to the asylum officer and it’s not always a life-or-death type reason or family separation. What was your experience?
Thank you so much!
Samuel
Thanks, but I want to know what center, location of asylum office you apply at? Please I want to know. Where did you apply? In the Arlington, VA center ? Please let me know.
Yes sir. Arlington
I can not get in to the specifics of what I said in the letter but It was not a family separation issue. It was more of how the long wait affected my day to day living and how getting an an interview will help me personally. Don’t tell them your history or what you went through when requesting and expedited interview. Instead tell them how the wait affected you and/or your family and how it will help you out if you were interviewed.( the supervisor reviewing the request matters aswell)
Thanks .Very last question. Did you apply as a family with your spouse and children or just yourself. Please let me know. Thanks again.
I applied alone.
Congrats EMK, you are blessed. Can you please send me an email to atem97@ymail.com so i can get more info from you. i’ll greatly appreciate it if you do so. please help a brother.
Thanks,
Congrats EMK,
I just want to know how to expedite the case. Do We need to fill any sort of Form? Or anything ?
One more thing did u appear for interview alone or with any lawyer.
Please let me know. Thank you
Thank you. There is an expedited request form you need to fill out. You also will have to attach and submit a letter explaining the reason you want an expedited interview. I appeared for my interview with my lawyer.
Congrats EMK,
I just want to know how to expedite the case. Do We need to fill any sort of Form? Or anything ?
One more thing did u appear for interview alone or with any lawyer.
Please let me know. Thank you
Congratulations on the approval, and welcome to the USA! Take care, Jason
Thank you
Hey,Emk.I been waiting for my decision already 7 months. I been to the office 3 times, my case is “pending” because officer didn’t make a decision yet.
I’m thinking to write a letter.But I want to ask you about this.Did you write letter to the officer or to the office, can you send example of this letter, what is the format. It will really help me, thanks!
I went through the same thing. I can’t tell you what I wrote exactly because everyone’s care is different. You should probably have the officers name when you had your interview with. You can write “Dear officer****” and explain yourself. It might be a little tricky to drop of a letter because there is no official procedure to request a descion. For me, I asked the receptionist(Not sure if that is their official name ) by the window to give the letter to the offcoer who interviewed me. She a agreed, made a copy, stamped it and gave me back the original. When they stamp it, you know for sure they’ll review it. So make sure they make a copy and stamp on it. If you don’t know your officers name you can ask them to give it to a supervisor. Make sure to write your DOB, address, A#, full name on the letter because again you’re not submitting any official form. Disclaimer, I can not assure you this will work but it worked for me. Every ones case is different. G luck.
You should also write the date the case was filed and the date of the interview, as that might help identify the officer and help them understand how long you have been waiting. We find these inquiries pretty useless, but it is hard to tell, and they do not hurt, so we still make inquiries now and again. Take care, Jason
Hey EMK
Congrats, Someone told me if i expedite my case, Immigration will stop my clock and i wont be able to apply my EAD or renew.
Do you know anything about it or any one else know ?
The clock should only stop if you cause a delay. Requesting to expedite does not cause a delay, so it should not affect the clock. Take care, Jason
Congrats, you are blessed. Can you please send me an email to atem97@ymail.com so i can get more info from you. i’ll greatly appreciate it if you do so.
thanks
Hello Jason. Do you have any insight on how cases are moving towards interviews in the asylum process. I heard about cases that have been interviewed within few weeks from the asylum filing date but it looks like most of them have been refused ( they received intent to deny). Did you receive any positive decisions for your clients? And is this new scheduling system is working?
Cases are being scheduled under LIFO, but I think USCIS does not have the capacity to interview everyone, since they have more applicants than interview slots – at least that seems to be what we are seeing in Virginia. Most people probably will have interviews, and we have seen some decisions recently – a grant in Chicago, one in Texas, and one in Virginia. Only the Chicago grant was filed under LIFO. Take care, Jason
I received a letter of Notice of intent to deny (NOID) in June 2017 asking me for to back up my argument for the notice, I have responded timely manner.But so far I haven’t heard back any response on the decision. I have done interview twice.
What do you think this situation is? Are there any cases like this?
Sometimes, the cases get stuck like this. You should contact the asylum office to ask 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 Jason,
1. I’ve applied for Asylum on May,2015.Arlington,VA
2.How long am i gonna wait more? I’m assuming Lifo rule will make my waiting time much longer…couple more years?
3. Have u heard about anyone getting scheduled from backlog cases at Arlington office?
2 – No one knows, but under LIFO, I do not see how you will get an interview any time soon. 3 – They have interviewed some 2015 cases during the first quarter of 2018. I do not know for sure, but I believe that they were all expedited or short-listed cases (the short list is now discontinued in Arlington). Take care, Jason
Hi Jason,
Is it true that USCIS is now reviewing the social media accounts of asylum applicants and green card applicants? That sounds so scary.
I have seen this happen. I do not know how often it happens, but it certainly can. Take care, Jason
@Aden,
How they can check for example FB while they are not friend and can not see our account? Do you mean they have the password of social media accounts?
They sometimes ask for your social media passwords. Also, many profiles are public or partially public, and they can see those. Take care, Jason
filed end of april 2018, got acknowledgment 2 weeks after, biometrics letter a week later and was done on the 4th of june 2018, letter for interview arrived on the day i attended my biometric appt and its on the 21st of june 2018. arlington office
Filed mid of April, 2018
Biometrics appointment beginning of May, 2018.
Eagerly waiting for an interview appointment date. Arlington office. Best wishes Asyleeee!
Hello to everyone!
Lucky is right. Let’s collect statistic.
I’ve filled in October 2017 in Chicago office.
No interview date scheduled for today.
I’ve filed my asylum petition in June 2017 and waiting for the interview. Anyone have their asylum interview schedule this month or next month at Newark Asylum office ?
If yes, Please share the month when you filed your petition to understand the current processing time.
Filled my application Jan 02 2018, biometrics 29/01/2018. Interview date June 4 2018, decision pickup is Monday 18th June 2018. I am so scared and afraid
Good luck and thank you for sharing the time line, Jason
Filled my application Jan 02 2018, biometrics 29/01/2018. Interview date June 4 2018, decision pickup is Monday 18th June 2018. I am so scared and afraid. Newark asylum office
I know I feel you and let’s hope for the best. How did the interview go? How long was that? How was the interviewer? Was he/she asking too many cross questions?
I’m keeping fingers cross for you!!!