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 evening jason
thank you for all that you do for us.
I have applied my assylum since December 2016 and not do my interview
. I have my cousin who was killed by shooting in his work in 2015 in the federal building in New York, he is working as a security for the government. We are very close. and at every moment I think about it, I become more rickety and sick. I have his death certificate and the police report too. the day of his death, I had even lost consciousness and I am falling. it’s out on the newspapers. you think I can add this sad news in my case of asylum. can that help me?
my cousin was killed in 2015 and i applied my asylum in 2016.
Thanks a lot for your point of view.
You can add it to show that you are emotionally vulnerable, and that returning you to a dangerous country would be particularly harmful to you. You might also use it as a basis to try to expedite the case. If you do that, you might want to get a report from a psychiatrist to support the request to expedite. I wrote about expediting cases on March 30, 2017. Take care, Jason
Dear Jason,
Many thanks for creating this platform!!!
I’ve applied for asylum in Dec 2017 and got ACK on Jan 2 2018. So far no call for interview. Is my application considered in the new processing framework or is it considered as old backlog as those applied prior 2018? I’ve applied to Arlington office and any info regarding in which month they are now?
Thanks!
LIFO went into effect on January 29, 2018, so your case is in the backlog. If they interview backlog cases from newest to oldest, as they said they would, you are near the “front” of the line. But whether they are doing this at all offices, or any offices, is not clear. You can always try to expedite. I wrote about that on March 30, 2017. Take care, Jason
HELLO EVERYONE,
HAS ANYONE WHO FILLED FOR ASYLUM IN MAY 2017 GOTTEN AN INTERVIEW DATE OR HAS ANYONE BEEN GRANTED ALREADY ?????
ALSO, PLEASE IF U REQUESTED AN EXPEDITION ON YOUR CASE AND IT GOT EXPEDITED PLEASE DROP SOME INFO ON HOW U WENT ABOUT IT.
THANKS
hello Jason,
i went back and to read what you said u wrote on march 30 2017 on how to expedite an asylum case but i didn’t find it.
can you please rewrite or explain the process on how to request for an expedition for an asylum interview?
hello Jason,
i went back and to read what you said u wrote on march 30 2017 on how to expedite an asylum case but i didn’t find it.
can you please the process on how to request for an expedition for an asylum interview?
thanks,
Here is the link: https://www.asylumist.com/2017/03/30/how-to-expedite-an-asylum-interview-or-ask-and-ye-might-just-receive/
Take care, Jason
Hi Jason, Thank you very much for your dedicated efforts in helping Asylum seekers. I have been a regular visitor of your blog for over 4 yrs. The asylum path is long and weary, and I am considering to go back to my country, as the country condition may have changed over the year. Please advise how do I file withdraw of my asylum case? (I filed asylum in 2014, interviewed in 2018, still waiting for result), and I would like to know. How long should I wait for the withdraw to be processed? Will the USCIS office send me a letter regarding the successful withdraw of the case? Will the letter include a last day staying in the US? Please advise how this works. Thank you! I truly appreciate it>!
You can contact the local asylum office and ask them what to do. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Withdrawing is not as easy as you would think, and even if you successfully withdraw, you never know what will happen – we have seen where a case that was successfully withdrawn was sent another interview notice. I recommend that when you withdraw, you also change your address to a friend’s address in the US, so in case the asylum office sends you a notice, you will know and can respond. Of course, if you do not plan to ever return here, it may not make any difference, but you don’t want to miss an interview date and then (eventually) end up with a deportation order. Take care, Jason
Hi Jason, Thank you so much for your reply. I think if I leave, I won’t be coming back to the US. It would be better to properly close the case than just left without noticing USCIS right? because time sensitive, what if one just leave without notifying USCIS? Would that put them in trouble getting out of the country?
There is no problem to leave. The problem is, if you don’t tell them (or you do tell them, and they fail to properly close the case), they will schedule you for an interview. When you don’t show up, they will send you to court, and when you don’t show up there, you will be ordered deported. This results in a 10 year bar to returning to the US. I would at least send them an email and ask them to close the case. You might try doing that after you’ve left – you can contact the US embassy in your country, and they have a form that you complete to verify that you have left the US. You can then email the asylum office a copy of the form. Hopefully, that would cause the case to be closed and avoid the eventual deport order. Take care, Jason
Hey Jason, one more time thank you for all this valuable information. And also thanks to the others that share their timelines.
So far I have read a lot about the Miami office and their timeline. But (1) what do you know about the office in arlington? Is it working at the same speed as miami?
(2) My sister and 2 cousins received their asylum in May of this year. Would his benefit me somehow? Or is irrelevant to my case?
Thanks again
I think Arlington is receiving fewer new cases than Miami, but it is still receiving more cases than can be interviewed. This means that they are currently not doing any backlog cases, except maybe for some people who were able to expedite. Take care, Jason
Thank you for all the efforts you are doing here
I have a question
Will granted TPS act as a safety net while using advance parole to travel with pending asylum ?
Thank you
To travel with TPS you also need Advance Parole, so I do not see how TPS could serve as a safety net to get you back into the country. Take care, Jason
Hi Jason, I’ve some questions
1/ my case was referred from USCIS(Arlington) to Baltimore court but They’ve not sent me a date to appear for the last 6months so whom shall I call(number or link) to know when to appear?
2/ whenever I renew my EAD I write (C)(8) on category but now my case is recently referred to court and I’ll renew my EAD soon! So that (C)(8) thing will remain the same or is there any change on the form since my case is transferred now?
3/ I recently learnt that I can pay online with credit/debit card for renewing my EAD so does this mean I can file the renewal process online or I still have to mail the documents and pay the payment online?
4/ Is there anything that you want me to be careful during filling the renewal form?
Your help is appreciated as usual!
1 – There is a computer system and you can call to check: 800-898-7180. Enter your Alien number and push 1 – it will tell you about your next hearing. The court should also send you a letter in the mail with the next court date, so make sure to update your address using form EOIR-33 (you have to Google that). 2 – It remains the same. 3 – I am old school and am not doing that online, so I do not know. 4 – The new I-765 form has a question about arrests. If you have a political arrest, it is unclear what to do about that. If you have this issue as part of your case, you might want to talk to a lawyer about it. Take care, Jason
Hi. Can you share your opinion for asylum applicant from Florida? How fast they interview and do they call applicants before new rule? Last thing if application in December 2016 , when do you think we can receive letter for interview?
I wrote something on July 10, 2018 that includes a chart of the different asylum offices. Miami is the busiest, so I suspect that they will not have time to work on backlogged cases. When they will get to a December 2016 case, I have no idea, but I think it will not be any time soon. You can try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I came with my wife to USA with B2 visa in June 2017 and she applied for assylum in August 2017 then as the situation has been changed we withdrew the asylum application and returned to our home country in March 2018 we overstayed 3 months. Is that means our current B2 visa is canceled automatically and no longer valid to use it to travel to USA again in the future?
Regards,
If you had a pending asylum case, the overstay would not count as “unlawful presence.” Even so, unless you have at least 6 months of unlawful presence, you have no bar to returning to he US. In this case, you can try to return, and you might be allowed in. However, you should be prepared in case they deny you entry at the point of entry. They might order you to return home and not let you leave the airport. If that happens, you can either leave, or apply again for asylum. If you apply for asylum, you would likely be detained, at least for a few days, but maybe for weeks or months. Take care, Jason
HI JASON
I GOT IT ASYLUM ACKNOWLEDGEMENT RECEIPT WITH DATED 04/16/2018 AND I WAS INTERVIEWED ON 08/05/2018, NOW I GIVEN REQUEST FOR CHANGE OF ADDRESS ON DATED 08/17/2018 FROM LAS VEGAS (NEVADA) TO SALT LAKE (UTAH) AND STILL WAITING DECISION AFTER THE INTERVIEW.
NOW HOW TO CHECK ELIGIBILITY ABOUT EAD AND VERIFY ABOUT 150 DAYS PASSED AND NOW ELIGIBLE TO APPLY EAD.
I do not understand your question about the change of address, but if you move, it may stop the clock- I wrote about that on July 19, 2018. The only way to check the asylum clock at this stage is to contact the asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Assuming the clock does not stop, you can file for the EAD 150 days after the case was received by the US government. Take care, Jason
Hey jason,
I had my interview 4 days back and Immi Officer told me to collect the result after 14 days , i came to usa 4 months back from india and i belong to a minorities in india. Interview was ok it went for 2 hours , my wife and kids are in india and am worried about the result , is thier any chances to get approved and if they refer the case to court . Does the cases which refer to court can get approved later on. Thanks
Which city you live and how long it took for interview after biometric
If the case is not approved here, and you are now out of status, the case will be referred to court, where you can try to win. I wrote about these scenarios on February 21, 2018 and March 7, 2018. Take care, Jason
Hey Jason,
I am in legal status till october. My interview was on 14th aug and they told me to pick the result on 28th aug.
I got a call today from anahiem office that we will mail you the result. Is it normal and how long they will take to mail
It is common, but the waiting period is not predictable. Hopefully, you will get some good news soon. Take care, Jason
Hey Jason,
Yesterday i wrote you a question about the Notice Type: Notice of Evidence of Untimely Filing and Optional Waiver of Asylum Interview. Thank you for your quick feedback.
Now i have to decide which way to go, if i skip the Asylum interview and go directly to immigration court i feel it will decrease my changes of winning the case. Would you agree?? Or what is your advise whether going for interview or going to court directly?
Thank you David S.
If you have a fear of returning to your country, you should take the interview and do your best to overcome the one-year bar. Some people apply for asylum in order to get to court and apply for other relief (such as Cancellation of Removal), which can only be done in court. Such people may not have an asylum case that can win, and they just use asylum as a way to get into court. Such people may want to skip the asylum interview. In my opinion at least, everyone else should take the interview. Take care, Jason
Hi Jason
My question is about my decision after the interview, asylum office can send the decision copy to my attorney office.
Regards
BOB
One thing more regarding change of address
I’m main asylum applicant and i submit my case with my wife and two kids and online form have no option to add members so need to submit online form for change of address each person? and whenever i submit the change of address form for my wife and kids then which option need to choose.
FILED BY
1. Applicant or Petitioner
2. Legal Representative
3. Parent or Legal Guardian
also below link is ok for change of address
https://egov.uscis.gov/coa/addressChange.do
For the change of address, we normally only submit one for the lead applicant. Take care, Jason
Normally, they send the decision to the applicant and to the attorney, but the original I-94 card and the EAD only go to the applicant. Take care, Jason
hello sir . i had a asylum interview yesterday instead of taking my interview AO said they do not deal with d2 visa asylum cases . so my case refer to court . so my question is how much time it will be to get my master hearing under the new system
thanks for your help sir JASON DZUBOW
This is annoying, but certain visas are unable to apply for asylum or have different requirements in terms of filing, and so they referred you to court. I do not know the time frame, as it depends on the court and the judge, but usually you get the first hearing within a few months. Take care, Jason
I live in sf . So is it possible to get date soon ?
Thanks sir
For the interview? As far as I know, SF is following LIFO, so most/many applicants should get a quick interview. Take care, Jason
Hi Jason,
Thank you for all your work. My I-730 was filed in December 2017 and I contacted USCIS and told them that my case was outside of normal processing times(its 8 month). They responded with the following e-mail:
“U.S. Citizenship and Immigration Services (USCIS) records indicate your application is currently pending and has been pre-adjudicated. Final review by an officer is dependent upon additional reviews on your case. Please keep your mailing address current to avoid missing any correspondence or notices.”
What does this mean?
Thank you.
Their messages are incomprehensible, so who knows? Basically, it is still being processed. Everything these days is slow, so this is not a surprise. If you want, you can try contacting the USCIS Ombudsman about this (a link is at right). They can sometimes help with delayed cases. Take care, Jason
Hi Jason, first of all thank you so much and god bless you for helping everyone, I have questions After won my asylum I applied my green card 5 months ago I m still waiting. You know how much more wait? Thanks
You can go to http://www.uscis.gov and check the link to processing times. I think cases like yours take at least 10 months, and probably longer, since everything these days is slow. Take care, Jason
Good morning
We applied for asylum as a family in September of 2015. My daughter had come to the USA earlier as an international student and she graduated in May 2018.
She currently has an OPT for one year, which can be extended for STEM graduates.
She was not on our asylum application, as she had already turned 21 years. Can she submit her own asylum application as a student who has an OPT?
Thank you
She can submit her own application, but she needs to be wary of the one-year asylum filing bar (I wrote about that on January 18, 2017). The fact that she was in-status is normally an exception to the one-year bar, but she should try to file before her status ends. Take care, Jason
Hi
Jason
My lawyer submitted an expedited request for an interview in July 2018
I want to know how long I can get the answer for that request .
Thank you
It varies, but in many cases, you get a response in a month. If not, the lawyer can follow up with the asylum office. Take care, Jason
Hi Jason,
Thank you for your blogs it’s very helpful. I read your article about expedite case and got call for my interview last year in oct 2017 I applied for asylum in September 2016. I applied from Minnesota. But, after this there is no progress. I don’t get any information or result of my asylum interview. Is there anyway I can get information about my result or what is happening in my case.
Thank you very much for your suggestions.
Yd
You can email the asylum office to ask (I think for MN, the office is Chicago, but you have to double check that). You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If that does not help, you can try the USCIS Ombudsman – there is also a link at right. If that fails, talk to a lawyer about a mandamus lawsuit. Take care, Jason
Thank you very much.
Hi Jason,
I was just granted Asylum. (Thank God). I wanted to travel to a 3rd country, If I apply for a refugee travel document can it work as a passport? My passport expired and I wasn’t sure if it would be right to renew it.
Thank you for all you do.
The RTD is supposed to work as a passport, and it is better to use that than a passport from your country (especially if you sought asylum because you fear your home government). However, not all countries accept the RTD, so you should check in advance with their embassy. Take care, Jason
Hello Jason,
How are you? I have a question. I am waiting for Asylum interview for almost 3 years now. Unfortunately it never came, instead today i received notice from Department of Homeland security.
Notice Type: Notice of Evidence of Untimely Filing and Optional Waiver of Asylum Interview.
I am very confused here, is this a good thing?? Should i sign the waiver and send it back of should i do nothing and continue waiting for the interview?
I appreciate your advice on this.
Thank you David S.
This is a new program. I should probably write a posting about. In short, the Asylum Office thinks you did not file within one year of arrival, and that can be a bar to asylum (there are exceptions). Some people file asylum mainly because they want to get into Immigration Court, where they can file for Cancellation of Removal (which is a way to get a GC, but it can only be done in Court). For those people – who only want to get to Court – this might be a good option, since it will save some time. However, for people who want to pursue the asylum claim, they should not waive the interview and should return that paper indicating that they want to have an asylum interview. Take care, Jason
Dear Jason,
Thanx for your every effort, my friend asylum approved in 2015, he applied in 2016 for green card and he is expecting it now, because he sent his medical for second time as required by uscis, he has a question that if the uscis will consider his total time for citizenship since he cleared the asylum interviewer they would consider it from the date when he applied for green card.
Hello everyone, just passing by to share three different experiences with asylum interviews.
I have gone to three different asylum interviews in Miami as an interpreter.
The first one was first filed on February of 2018 and the interview was scheduled for March 2018. The client was Colombian and was in the United States 11 months before applying for an asylum. In this case, the asylum officer was very serious but you could see that he really wanted to understand the fear of this person who was asking for asylum. The interview lasted about 4 hours (at the end of the interview my brain was not function in English nor Spanish), the officer asked for an evidence that was not submitted and gave the client an opportunity to bring it no later than a specific date. Two weeks later the asylum was approved. The officer who gave the decision to the client (a different one) mentioned how lucky he was since only 3 asylums were approved that day.
The client from the second interview was Venezuelan, her case was filed on June 2018 and the interview was schedule for July 2018. She was also in United States 11 months before applying for asylum. In this case the asylum officer was THE SAME from the previous interview. When I first saw it was the same officer I felt relieved because the attorney and I already knew how human he was. However, almost immediately I felt a little insecure about the outcome of the interview. The first negative thought I had was “what if he doesn’t approve this case just because he already approved one from the same firm with the same attorney and doesn’t want to be seen as a soft officer”. This time the interview lasted about 3 hours. The officer was still trying to understand the fear this person had just like the previous case. Sadly (I say sadly because her case was legitimate), the officer could not make a decision on the case (the client did leave some confusion in the air) and two weeks later the case was referred to court.
The client from the third interview was also Venezuelan, her case was filed on July 2018 and her interview was schedule for August 14, 2018 (today). She was in the United Stated for 2 months before applying for asylum. In this case the officer was a woman, very very THOUGH!. Her attitude was almost of a robot (but not a nice robot). She was very strict to a point where it felt as if she was a judge. I could not ask the client any question in case I needed to clarify if what I was translating was correct, she did not let the attorney say a word during the interview, she did not give a piece of tissue to this woman who was literally crying for the whole 3 hours. At one point the client was so agitated for the interview that had to take a medicine for her arrhythmia, and the officer attitude was so unhuman. The officer then decided to bring the client’s son to the interview but left the mother outside, I noticed how she was observing the attitude of the mother when she took her son and left her outside. She asked the client’s son all the standard questions (not about the case), and also asked him to bring proof of his F-1 today or tomorrow. At the end of the interview she looked at me and asked me for my “notes” (I had a pen and paper but did not make any notes), I explained to her that I did not take any notes during the interview but it didn’t seem as if she believed me, so I went ahead and gave her my paper so that she could see I didn’t write anything about the interview.
In my opinion, the past and future fear was very clear. Therefore, we are hoping for a positive decision, but it is very uncertain since the officer was very difficult. For me it was a very unpleasant interview, but still hoping for the best. Decision will be given on August 28, I will let you all know how it goes.
Wish us luck!
Thank you. It is very interesting to compare the different styles of different officers, and it is clear that the personality of the officer is a factor in the success of the case. Some officers are more likely to grant than others, though the “easy” officers are not always the nicest. Take care, Jason
They will not consider his long wait as time towards citizenship. The card will be back-dated one year, as it is for all asylees, and he can apply for citizenship 5 years after the date on the card (he can actually mail the application 90 days before the 5-year date). Take care, Jason
Hello Jason,
My wife is the principal asylum applicant and I’m a dependent. My parents have B2 visitor visa which was approved 5 years ago. My parents have also visited the US 5 times in the past. My questions is –
1) Since I’m a defendant on the asylum application and on valid F1 status, Can my parents visit me directly?
2) Will the US customs give a hard-time, or can they deny my parents visa?
3) If there is a risk, can they enter US under somebody else’s name? Like my sibling who does not have any asylum case?
1 – Based on what you write, I think it is unlikely they would be rejected for entry if they come to the US. 2 – I don’t know, but I think they will be able to enter. 3 – They cannot lie if they are asked what relatives they have in the US, as the US government already knows about the relationships. Normally, it is more common for spouses and children of asylum seekers to have problems, than for their parents to have problems, so hopefully, they will be fine. Take care, Jason
Hi Jason,
I had applied asylum in Chicago office on the last day of may 2018, in the second week of June I got acknowledgement and very next day I got letter for biometric which was done on 25 June. On both letter my last name was misspelled (one character missing ) after biometric I wrote a letter to asylum office to correct my name but didn’t get reply from them
Now it’s 48 days when I did my biometric but I didn’t get interview date
Could it be because of misspelled name or there can be any other reason
I live in St. Louis which has suboffice. My family is back in home country and I am worried about them
Please advise me
You might want to email the asylum office about the misspelling, or go in person. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). I highly doubt the spelling issue would cause a delay. Most asylum offices seem to be receiving more cases than they can interview, and so some people are going into the backlog. I think it is still too soon to know, but if there I no interview in another month, maybe you could try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I always appreciate your help and guidance you provide to asylees.Hats off to you!!
As I told you that my asylum case has been referred to IC after 4.5 years of waiting pending decision in AO.
I had my master hearing in May 30th 2021 that means the overall time period will be like 8-9 years (and still don’t know the decision whether approved or not).
I have two questions to you.
1) Is there anything in the immigration laws could help me in getting my case
approved?
2) The reasons SF AO mentioned in their ” Referral Notice” are below.
a) PAST PERSECUTION:
You have not established that any harm you experienced in the pastis on
account of one of the protected characteristics in the refugee definition ( race
,religion, membership a particular social group).
b) FUTURE PERSECUTION:
You have not established that any future harm you fear is on account of one of the
protected characteristics in the refugee definition( race ,religion, membership a
particular social group).
Based on the above reasons your asylum application has been referred to an IJ.
Though I address these reasons in my interview, I could not understand why they took so long to refer the case to IC on these ground?
I know I’m asking you a lot of things but these always bother me and I want to get these cleared forever.
Again I appreciate your efforts.
Thanks
Sorry for this situation! Do you mind sharing where you claimed asylum from?
1 – If the question is, because you waited so long, is there any law that helps you, the answer is no. 2 – I do not know why the referral would take so long. We had a person denied for credibility ground almost three years after the interview (and 2+ years after his asylum officer left the job). My theory is that they forgot about the case and then denied because that was the easiest course, but who knows. In his case, he was granted asylum yesterday in court (that is why his case is fresh in my mind). You can try to expedite your court case – I wrote about that on April 20, 2017. Take care, Jason
Dear Jason,
My husband is filing an I 730 form. I want to know if my past status can be a reason for our petition to be denied. In 1999 my father already applied for asylum in the US and I was a derivative applicant. I was only 13 years old. He got denied in the court as well. Then the country conditions changed and we came back without withdrawing our case. Tell me can that be a reason to deny our petition?
I think that is not a reason to deny, but I am not 100% sure. You can talk to a lawyer to research this question. If you don’t use a lawyer, make sure to include info about the old case wherever asked in the I-730 process. The US government already knows about your old case, and so if you try to hide it, and they find out (which they most likely will), that is a reason to deny. Take care, Jason
Hi everyone! Does anybody know asylum applicants of which approximate dates are being interviewed now?
The asylum offices are interviewing newest cases first. If they have extra time, they are interviewing backlog (older) cases, but I do not know whether they are interviewing very old cases(2014 in my local office) or more recently filed cases that are in the backlog. Each office has its own policy, but I suspect that most offices do not have the capacity to interview all new cases, and so they are not working on backlog cases. Take care, Jason
Dear Jason
First for all I ‘d like to thank you for all your support in this Blog.
I m looking for your advise for my case:
I had interview Dec 2016 & still waiting the feedback from USCIAS as asylum case.
I am working with company & they accept to be my sponsor to green card. Is it ok to process with this company?
Regards
Mike
You normally would have a lawyer for such a case. Ask the lawyer whether you are eligible to complete the green card process, and whether you need to leave the US to get the GC. If you need to leave, ask the lawyer whether you are eligible to leave, how you will do that, where you will go (since normally an asylum seeker cannot go to his country to get the GC), and how likely it will be for you to return. I recommend that you apply for Advance Parole to have that as a back-up plan in case you leave the US and the embassy refuses to issue a GC. I wrote about that on September 11, 2017. Also, in the next couple weeks, I will try to do a post about this issue (green card through employment for asylum seekers). Take care, Jason
I am really appreciate valuable feedback….
Hi josan
I applied for asylum in December 2015 my case is on pending and my B1B2 visa is expired last year can i still apply for employment based visa my company is sponsoring me ??
You probably can apply for an employment-based visa, but it sounds like you will need to leave the US to get it. Whether this is legally possible in your case, I do not know. Talk to a lawyer about that to make sure you can complete the process before you begin. Take care, Jason
Hello Jason
I had applied for asylum in jan 2017, waiting for an interview. My 3 yrs old daughter is in my home country. I want to bring her here with me. She has valid B1-B2 visa. But she can’t travel on her own. One of my friend can accompany her. But I’m worried about the moments of theirs with the immigration officer. Is it really difficult to bring her here even with tourist visa ? What can I do pls guide me.
If any query is raised by the IO for status and visa and anyhow her entry seems difficult then is it possible to add her name at the airport itself? I am in impression that people do file fot asylum/refugee at the port of entry.
Thank u
I do not know much about non-immigrant visas or children traveling to the US without a parent, and I think you might want to talk with a lawyer who does more non-immigrant visa cases. If she is denied entry, I suppose your friend could try to seek asylum on her behalf, but she potentially could be help in detention, at least until they can release her to you. I think you should have an attorney to talk to about this, and also to be on “stand by” in case you need help at the airport or thereafter. Take care, Jason
hi Jason
i have applied for asylum since 2015 and im trying to expedite it by myself. I asked my lawyer to do it and she just sent a regular letter with no evidence to uscis and they denied my request. So im trying to do it by my own and i have some evidence that the delay has caused to me. My question is do i need to fill any form or i only have to write a letter and join my evidence to fax it to USCIS?thanks
Different offices have different policies about this. You can contact your office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). You should be sure to at least inform your lawyer about what you are doing, so there are no surprises for anyone. Take care, Jason
Hi Jason.
Is it possible for the AO to make a decision on asylum within two days of receiving the NOID. I am asking because through my application for EAD I found out that my asylum was denied on 4th June after they received my NOID 3 days earlier. I have not received any official communication about my asylum from the asylum office.
Quiz 2. Should I proceed and re-apply for asylum before getting their denial letter bcoz right now I am just worried that my stay here is unprotected.
3. If I run into the police while driving around can I be deported in my current situation, or assuming I had a traffic violation.
3. Is it necessary to avoid driving around actually, most ppl have advised me against and I thought I should ask an expert. Thank u Jason
1 – It is possible, but you might want to email them to make sure they considered the response when they made their decision. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). 2 – I would at least wait for the letter (and if you got a NOID, you should be in lawful status), but if you re-apply, note that the application process is different – check the I-589 instructions. 3 – Not if you are in status, and if you are out of status, there is a process to get deported (you have to see an Immigration Judge). 4 – If you are lawfully here, you are fine. If you are out of status, one way people commonly get discovered by ICE is through a traffic stop. Some places are tougher than others about this, but if you don’t drive and don’t commit any crimes, it is unlikely you would get into trouble (though in some cases, they are contacting visa overstay people and asking them to report). Take care, Jason
Hi Jason. So in connection to previous quiz on August 9 (Samo) I would like to know if I am safe here until I get the denial letter. Can I be deported before getting the letter?
I have tried to email the office but there has not been any response at all.
Sorry, what denial letter? To be deported, there is a whole process. You have to see an Immigration Judge and go through the procedure, including (potentially) an appeal. Take care, Jason
Hello Jason,
Greetings of Peace! I appreciate and respect for your kind heart and great works that are benefiting many of us.
I applied for Asylum in February 2018 during my F1-OPT status. My wife (F2 and included in my application as spouse) and I were interviewed in a sub-office of Newark Asylum Office in mid-July 2018 (rescheduled date). Although, I had to face many questions during a two-hours interview and I was emotional at the beginning, I have a pleasure that I did well except incomplete answers of one or two questions due to interruptions. My wife’s interview ended only in 2-3 minutes after 2 general questions including her relationship with me. Both of us were very hopeful after the interview given that I have included considerable evidences and supporting documents with my application too.
However, I didn’t get any decision on my application yet.
Q.1) Is this usual in newly introduced FIFO system? What usually cause delay in taking & sending their decision? Is there any acceptable way that I can check status of my application?
Just after two days of the interview my OPT duration ended. I don’t have EAD yet and currently, I’m not enrollment as a student. My wife is also a victim of religious persecutions, but she didn’t apply for Asylum as I included her in my application and we still believe my application was strong. We do have baby who was born here. While we’re in extreme fear of harm upon return to our country, we are tensed as we didn’t get any decision from the Asylum office yet.
Q. 2) While my decision is pending, will it be late or a wise decision for my spouse to submit a separate asylum application?
Q.3) One more week I have in my hand to take admission again in school as a F1 student. But, I don’t have any idea how enrolling myself again as International student while decision is pending, will impact the decision on my application.
Respect,
Nandan
1 – It is common for decisions to be delayed. Maybe it is a bit less common under LIFO, but it is still common. And your delay has only been a few weeks, so that is very normal. I would not do anything yet, but maybe if there is no decision by September or October, you can contact the asylum office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). 2 – That sounds like a bad idea to me, and useless, but it depends on the case, so I cannot say for sure. 3 – This should have no effect on your asylum decision. Take care, Jason
Hi Jason,
I received an advance parole via TPS last month. I plan travelling to a third country this fall. My current status is asylum pending( waiting for decision since past 2 years). I was in F1 before and filled my asylum before my F1 expired.
Can I still travel with the advance parole? I saw that they have mentioned if there is an unlawful presence I can be denied admission into the states.
Please advis.
It sounds like you have no unlawful presence since you filed for asylum while you were still in valid F-1 status. And anyway, as far as I know, unlawful presence no longer blocks a person from traveling and returning using AP. However, given all the negative changes to the immigration policies, it would be a good idea for people with unlawful presence to double check this before traveling with AP. Take care, Jason
Hi Jason
My spouse applied for asylum three years ago and she was interviewed at the end of last year. First, I was included in her case as a derivative when first she applied. For a reason I went back home before the interview was made. So, my spouse updated the case and she excluded my name in the day of interview. After couple months I applied for a visa and I got it. I came back to the US to be with my spouse again. The asylum case is still pending and it has not been approved or rejected. lets be optimistic and assume the case will be approved. My questions are: (1) can my spouse apply to include my name again to her case while the case is still pending because I want to renew my EAD ASAP because It has been expired. (2) What kind of other scenario do I have from your point of view to reunited with my spouse and be able to stay legally ?
Thank you so much in advance for any kind of assistance.
1 – She should be able to add you back in. Contact the local asylum office for info how to do that (it is often not so easy). You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). 2 – You can file your own asylum case if you have one (though you would certainly need to explain the return trip to your country), or you could wait for her to be granted and then she can file an I-730 petition for you. Take care, Jason
Hello jason,
I am a pending asylum through my mum but I am planning to get married with a person who’s pending as well. I have been told that I can’t get married at the court , only at church otherwise I will lose my asylum status. If we get married only at church by our pstr, shouldn’t we never mention in any official document that we’re married?
If you have a pending case and you are a dependent of your mother, I believe you will lose dependent status if you legally marry. In that case, you can join your wife’s pending case as her dependent, or you can file your own case (or do something else). Whether a church marriage is a legal marriage depends on the state and the efficient, so even a church marriage could be a marriage for purposes of your case. Take care, Jason
Hi Mr. Tom. Congratulations on reuniting with your family again.I have same experience like you. My wife is in USA but I am trying to get visa. How did you pass the interview while she is still in the USA or they didn’t mention that to you? What about when you filled the visa application did you put your wife’s US address or your country address. Thank you for your assistance.
Dear M.R Jason
I know you heard this alot,but I been waiting for decision more than year after two interviews and fingerprint after first interview .I applied since 2013 what’s do you think I should do ?almost now 5years sir
Hi LO, sorry! Almost same situation. Where is your case pending and where are you from?
Contact the asylum office and inquire about the case. You can find the phone number of you follow the link at right called Asylum Office Locator. If that does not help, you can try the USCIS Ombudsman (a link is also at right). If there is still no result, you can talk to a lawyer about a mandamus lawsuit. Take care, Jason
Dear jason
Thanks for your help and for keep answering our questions, god bless you
I got my approval july 2016 and i applied for green card since sep 2017 its almost 313 and my status never change it show finger print fees was recived , i applied to Texas office and now when i check i see many office one of them is sharlotte ( NC ) and i live in north carolina , so did they move my case to charrlotte or still in Texas? Why the GC get so long ? Am going to be interviewed for GC ? By the way i didnt make a medical check even for that , and my work permit expired so do i need to renew it ? And if i applied for travel documents will be for 2 years or 1 year ???
Thanks for your concern
There are a lot of delays, so I do not know that your wait is so unusual. You can call USCIS to double check – the phone number can be found at http://www.uscis.gov. You can renew the asylum EAD, though you have to pay the fee. At this point, I think the only travel document you can get is the refugee travel document, which is valid for one year. Once you have the GC, you should be eligible for the Re-entry Permit, which is sometimes granted for 2 years. Take care, Jason
Hello Jason,
Thanks once again for the work you are doing for us. My lawyer received my approval letter from the USCIS, but I still haven’t received it. When I get it what is the I-94 form that I get with it? Do I change my EAD, Social Security number and lisence or I keep the ones I have?
Besides those steps do I need to do anything else or no?
Thanks
You should get the I-94 card in the mail, plus the EAD. You can probably change your SS card to unrestricted, but you need to check with the Social Security office about that. I wrote about asylum grants on May 16, 2018 – maybe that would help. Take care, Jason
Hi Jason,
What is I-94 here? I know its travel history but i did nt receive any I-94 with my decision at asylum office. Do i need to apply for that or do they mail me?
Do i need to update my EAD( i have received EAD before approval with 2year expire date), shall I continue with same EAD untill i apply for GC.!
Thanks
They usually send you the I-94 on the last page of the letter granting asylum. They should send you the I-94 and the EAD automatically. If not, contact the asylum office and ask about this. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
I have some questions.
1. If I live in Ohio do I have to file the I-730 forms in the Nebraska service center?
2. Is the Nebraska center and the Texas center moving in the same speed on I-730 forms?
3. For bringing my family I just have to submit that form for each of them and nothing else?
4. Can I go in person and submit the forms in Nebraska or I have to mail it to them?
Thanks in advance.
1 – You have to check the instructions, but you file based on where you live. I cannot give specific advice here about forms, since I do not know your case. 2 – I do not know, but the processing times vary. The I-730s seem to take about 6 to 9 months, and then you have to wait for the consular processing, which is a few more months (usually). 3 – You must file a fomr I-730- for each family member. Check the instructions about what additional documents must be submitted with the form. 4 – I know of no way to submit forms in person. I think they need to be mailed. Take care, Jason
Dear Jason,
Thank you for your valuable advices and for the helpful articles you post every time for us. God bless your heart!
I have applied for asylum on October 2017. I have been in medication all this time for my post traumatic stress from persecution and violence. A couple of days ago I learnd that my father has been hospitalized for heart problems caused by the stress. He got refused the visa to come see how I was doing and started to have more health issues straight after. He is over 70. I am so overwhelmed by my health issues and his, that i am thinking to expedite eventhough i am scared this will result in denial. I can’t ever go back in my country but I can see my father in a third country and this gives me a little bit of hope and relief. Please give all the advice you can on the topic. I have read your article of Sept 11 2017, which has been very helpful. I need to know if the things has changed with LiFo regarding the expedited cases.
Thank you
You can still try to expedite – I wrote about that on March 20, 2017. One thing with Advance Parole, USCIS seems to be giving AP only for the length of travel, and so if you say you are returning to the US on (for example) February 2, 2019, the AP document will probably expire February 3, 2019. Of course, this is idiotic as it provides no flexibility and is completely unnecessary, but that is what they are doing. So if you ask for AP, try to pick a date that is far enough away that they have time to process the case (maybe 5 months or more – if the travel date passes before they process the application, they could deny the application, since your travel date has passed), and maybe try to give more than one date of travel, so hopefully if you get AP, it will be valid for long enough to use it. Take care, Jason
Thank you for your advice Jason.
If I apply to expedite my case or to be on the short list what are the chances that It will be accepted?
Thank you so much
If your asylum office has a short list (not all offices do), then you just need to get on it, and wait. Usually, anyone can get onto the short list. As for an expedite request, it is a lot of luck. If you have a very strong reason, probably they will expedite, but if you do not have such a strong reason, it is mostly luck. Take care, Jason
Dear Jason,
I have now been in the US for 1 year and 8 months. I have had my EAD since September 2017 (for almost a year). I started work at the end of November 2017 and worked up to February 10. Ever since then I have been focused on learning some subjects to land a better job and future. My fear is does it affect my asylum that I have not worked, therefore have not contributed in taxes for the past 6 months ? (I have not taken any kind of benefits from any government or non-government body during this period.) I appreciate your advice. I Thank You in advance.
This should have no effect on an asylum case, so I would not worry about this at all. Take care, Jason
Hi Jason!!!
first of all Thanks a lots for all your great and good work you are doing to help people like us.
I applied for asylum in 2014. My cause was referred to immigration court in NY. I have submitted all the required documents and and my individuals hearing was scheduled on June 14,2018 but unfortunately rescheduled July 24 2018. On July 23 2018 i got a call from my lawyer office about change of my hearing. I don’t know why my hearing is changing
. Is there any specific reason? when i ask to my lawyer about it he says my judge is busy.
Jason can you please help me? Any idea what’s going on? Any idea when i will get new date? I Or should i call to Immigration court for the further information. waiting for your reply
You can call 800-898-7180 and enter your Alien number. The computer will tell you your next court date if you press 1. The courts are a mess, and cases are often rescheduled for no obvious reason. Most likely, it has nothing to do with your case, and is related to the court’s scheduling priorities (this is what the famous Judge Schmidt refers to as “aimless docket reshuffling”). If you do not trust your lawyer on this (and I get the sense you don’t), you may want to call the Immigration Court directly (a link is at right for court phone numbers), talk to the judge’s clerk, and try to verify that the lawyer did not delay your case. Such delays are quite common, though, so my guess is that your delay is caused by the court. Take care, Jason
So I applied for EAD and it was denied, what could be the reason based on the following facts.
I applied for asylum, did the interview, got NOID, replied to it within the given 16 days , i fell out of legal status 10 days after sending the NOID.
I applied for EAD 156 days after the date of my asylum application and on 31st July I checked the status and it was denied… Stressed out
The EAD was denied because your asylum case was denied. You can only get an EAD while asylum is pending. You may want to contact the asylum office and tell them that you are out of status. If you do that, maybe they will refer your case to court. If the case goes to court, it is no denied, but is still pending (now with the court instead of the asylum office). In that situation, you should be eligible for the EAD. I wrote about the difference between a denial and a referral to court on February 21, 2018 and March 7, 2018. Take care, Jason
Hello Jason,
First for all i m very thankfull to you, i m one of the follower of your blog and posts. It was very useful to get an idea. Your answers and timing for reply are amazing even my attorney couldnot reply some. These all you do for free, getting law suggestions without any fee is un imaginary.
My asylum is approved, i would like to share my timeline, it may give some idea to my flocks here.
Applied on dec 2017, sanfrancisco.
Applied to EAD at end of the may 2018
Got EAD JULY 1St week. ( I received interview call end of the june) . I didnt know how (150days clock is active) I received EAD.
Attended to interview 3rd week of july 2018,
Got result in 1st week of aug( exactly after 2weeks).
Could you give me your valuable suggestions for an asylees.
Thanks jason and for everyone.
Congratulations and thank you for sharing this. I wrote about suggestions for asylees on May 16, 2018 – maybe that would be of interest. Good luck in the USA! Jason
Hello jason,
Can i apply for visitor visa to my parents, do they need to tell that i m here with asylee status. Suppose if they mention, do they have chance to get visa, i have heard from few of frnds that if they mention, their visa gonna reject because officer might think i may apply benefits to them as asylee.
Thanks for your valuable suggestions.
Your parents can apply for a visa, and it may be granted. The fact that you are seeking asylum may make it more difficult for them to get a visa, but this problem is worse for spouses and minor children, and not as bad for parents. It is likely that the US government will know that their child (you) has applied for asylum, and so if they lie about that and the government knows, they will certainly be denied. I would recommend they tell the truth and explain why they will leave the US at the end of their visit. Take care, Jason
Dear Jason,
I applied asylum in Jan 2018. So far no call for the interview. I got my EAD in mid of July 2018. I got a remote job where the Company is located in Europe and has no office in the US. Is it allowed to work remotely like this? What should I consider before signing the agreement?
Thanks in advance!
I do not see any problem with that in terms of your asylum case. Also, since you have the EAD, you are legal to work in the US, but I do not even know if that is needed, given that the job is in Europe. You would have to talk to an accountant about tax implications in the US. Not paying taxes that are owed could affect an asylum case. Take care, Jason
Hello Jason,
Applied Oct 2017 in CAL office, considering the new processing method (LIFO), Is it possible to get an interview any time soon? or sooner than the previous method?
You are probably closer to the “front” of the line than you were under the old system. Whether this will get you a sooner interview, I do not know. Take care, Jason
Dear Jason,
After the approval if I need to file a I-730 form what should I do? I just file that form or other documents as well? Can’t i do it on my own or I should hire a lawyer? And also what other steps do I take to receive all my documents? Thanks in advance.
If you won asylum at the asylum office, they should send you the approval letter, and later a new I-94 and the EAD. As for the I-730, you can file that immediately (one for each family member). If you check the I-730 instructions (available at http://www.uscis.gov), it explains what forms you need. You can do that with or without a lawyer, but you have to file it within 2 years of receiving asylum. Take care, Jason
Hi, Jason. What documents should I take with me to MCH?
Photo ID, Notice to Appear, and the order from the court with your date. It is better if you can find a lawyer to go with you. Take care, Jason
So I don’t need my case, right? I will send it before Individual Hearing?
The should have transferred from the asylum office. You can ask about that at the MCH. If not, you need to submit it according to the rules of the Court. Take care, Jason
Hi jason, I filed for asylum with my husband and a child and I gave birth to two kids here. And we are still waiting to be called for an interview.I want to ask if they can attend a free preschool.If it will not affect our status
It should have no effect on an asylum case to send children to a free pre-school. Take care, Jason
Dear Jason,
I am so happy today. After 3.5 years of waiting my husband got his approval letter yesterday. I want to share my story. We are not from a banned country. My husband applied on January 2016 in the Chicago office. No interview for a long time. I told him to try to expedite the case due to family separation but the lawyers said we needed a serious reason to expedite. He went on his own wrote a letter and with all the documents applied for expediting. After two months (November 2017) he got a letter saying that the case was expedited and he was called for an interview at the end of November. The interview went well but as always they said they would mail out the answer. After waiting for 8 months we asked our lawyer what we could do but she said nothing. My husband again on his own took our papers and went to the Chicago office writing a letter and asking for expediting our decision. After five days we received our approval.
I want to thank Jason for all his help. Although we had very good lawyers working on our case we won because we followed Jason’s advices. If it was for our lawyers we would still be waiting for our interview. Don’t just sit and wait, try all the steps and you will succeed.
Good luck to everyone.
Im very happy for you. So im in the same problem i m still waiting for my decision. I asked my lawyer she told me i have to wait and wait. I d like also to expedite my decision
What do you write in this letter for expedite your decision.
Thank you for your sharing. It makes me hopefull
I cannot tell you exactly what you write it depends on your problems. We expedited due to our child’s phsychological being. They sent the answer after 4 days. Good luck.
You can try to expedite the decision, but it is not easy. Get evidence of the reason you need to expedite and submit it to the asylum office by email (with attachments) or in person. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Great news! Congratulations to him and your family (and to the lawyers too, even if they were a bit too pessimistic). Good luck in the USA, Jason
Congratulations! Great win. I am in the same situation and need an emergency decision due to an unexpected family problem. By the way, where is the country that you claimed asylum from?
Hi Jason, I have asylum pending for 3 years now and am workinng in a professional job (with high qualifications in my field), is it possible to apply for a green card through my employer if they are willing to file my papers on my behalf? Will it contradict with the asylum case? And how long will take? I have EAD valid for one more year? Thanks
You should talk to a lawyer about this. You may be eligible, but you probably have to leave the US to get a GC, and that may or may not be possible. If you use a lawyer for this (which you probably should) make sure that you can get the GC, and ask about whether you need to leave the US to do so. I have seen too many lawyers who are willing to start this process (and collect their fee), even though they know the person cannot get the GC. Also, I am writing something about this topic and hope to post it in the next week or two, so check back. Take care, Jason
Thank you for your response. Will keep checking the blog for the new article about changing status while pending application, and would be much appreciated if you can include:
– employer offer
– won dv lottery
– got married to a US citizen
And do you have to go out of the country and come back? What are the chances of getting the GC after that. I talked to my lawyer but didnt come up with an answer yes or no.
I wrote about the DV lottery on October 5, 2015. As for leaving the country, it depends on a number of factors and your lawyer should be able to evaluate your circumstances to determine whether you need to leave to get the GC. If you do need to leave, you can apply for Advance Parole (I wrote about that on September 11, 2017) to have as a back-up plan if something goes wrong with the GC interview at the embassy. Take care, Jason
Hie Jason, I have an application pending almost 3 years. I would like to get an advance parole and visit some family outside of the US, but not in my home country. Do you think that could affect my case? Thank you..
I wrote about this on September 11, 2017. USCIS is getting tougher with AP, but if you get it, you should be able to travel to a third country and return to the US. This normally would not affect an asylum case (though you have to travel using your passport, and sometimes using the passport could raise questions at the asylum interview). Take care, Jason