Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Hi Jason,
I am waiting for my asylum interview but upon following the blog looks like my interview will not be anytime soon. My wife and son are in the USA and I initially I was planning to include them in my application after the interview since I thought after LIFO development my interview was to come sooner since my application was in March 2018 Arlington. I noticed people who applied in August are already having there interviews and upon checking with you on the blog sometime last week you mentioned that I should not expect it anytime sooner. My question is would it be wise for me to include them in my application now or there are any reservations for that?
Thank you in advance for your advise
It’s up to you. You could add them to your case, or if your wife has her own case, she can file that herself (and if your son is an adult, he can file his own case too). How you do this depends on the cases and what you want. If you are not sure, you might want to talk to a lawyer about what to do. Take care, Jason
Hi jason,
Thanks for the responses.i had my interview in Alington on the 30 august 2018 and the asylum officer gave me a notice to come pick my decision on the 13 of September. On the 10 my lawyer called me telling me my decision is not ready yet that she will mail it till date I have receive any mail from her.pls it it normal or they is something wrong with my case.
This is very common, and it does not indicate anything good or bad about the result (at least as far as I can tell). If you have no response in another month or two, you can inquire about the case with the asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Dear Jason,
I always follow the site https://egov.uscis.gov/processing-times/ because we applied for petition (I-730) since March 2018. 10 day ago USCIS Nebraska Service Center was working on case applied on 28/01/2018 while USCIS Texas Service Center was working on case applied February 2018. Look how close we were but suddenly 7 days ago I checked the site, Nebraska fall back on November 2017 and Texas fall back on December 2017, can you imagine!! This is again 5 months delay introduced to reach again case filled in March 3018; I always keep snapshot of evolution.
How can you justify this? What can be the cause? Our family has been separated for 5 years but this looks like is nothing for USCIS, this is just my example but many family face the same problem. If they are parents, please think about when a processes separate you with your family member for all these years. You are only the sole bridge to USCIS, please found out what happened again there.
I had not been following it very closely, so I did not know that. It is a real disgrace. There is little question that USCIS is doing everything it can to cause delay, and shift its focus from reuniting families to investigating all cases more closely. I can tell you that these numbers tend to jump around, so just because it fell backwards does not mean it will not jump forward, but obviously seeing that is very discouraging. Hopefully, you will get some positive news soon. Take care, Jason
Hello Mr. Dzubow and thanks so much for your assistance,
i would like to apply for asylum to protect my daughter from FGM. i would like to know how much does the whole case cost if i want you to handle it so i should be prepared . thank you,
I cannot say for sure, but typically, we charge $4,000 for an asylum case, including one interview in Virginia. Take care, Jason
thank you so much . i will contact your office and arrange for one
Good Afternoon Sir,
I had moved recently to a different state and filed the AR11 change of address online. Change of address was filed in June, 2018 but I haven’t received any notice from USCIS in this regard. Yesterday, I decided to call and spoke with someone at USCIS and they told me that filing online is not enough and told me that I had to call the asylum office by informing the address change. Is that the way to do it? I thought filing online was enough? Dors that mean that I have to fill put the AR11 form and mail it to the asylum office that has jurisdiction over my case? Please advice.
Thanks,
Jay
We normally just file the AR-11 online and it is enough, but these days, it is difficult to know. If they want it sent to them directly, you can scan and email it to them. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello , and thanks for the blog very helpful
For applicants of May/2017 and around have you heard anybody being schedul for an interview (Newark)?
Thanks
If you filed in 2017, the only way you will get an interview any time soon is if you can expedite the case. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Hope you are well.
I filed my asylum on much 19th but I am yet to receive an interview invite yet am seeing people who filed as at August are already going for there interviews.
Do you have any idea of when I should expect my interview since I thought with the Lifo I should have already been interviewed.
My application was in Arlington.
Regards
Only about 50% of cases are interviewed because the asylum office is receiving more cases than they can interview. If you filed in March and did not yet get an interview, your case is in the backlog. No one can predict when your interview will be, but it will probably not be any time soon. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I filed for asylum in 2017. I married later that year to someone who did not have a status. Now on 2018, my wife filed for asylum and her asylum was granted. She put me down in her application as her spouse but she did not include me in her petition. Now we are about to file form I-730 to include me in her case but I was wondering what should I do with my own asylum case? Should I ask that it be closed? or should I wait for the interview and ask that it be closed then? Also, do you know if this interview (for I-730 beneficiary) will take place at the asylum office?
Thanks for your help.
I would keep the asylum case pending until the I-730 is approved. You may want to inform the asylum office that your wife filed an I-730 for you. As for the interview, I believe it takes place at the USCIS office, not the asylum office. But I have not done an I-730 for someone in the US for a while, and so I might be wrong about that. Take care, Jason
Fled for asylum July 9th, 2018
Bio : Aug 2nd, 2018
Interview : Aug 20th, 2018
Asylum office: Chicago
On the interview day I couldn’t do my fingerprint at the asylum office, it kept saying system failure. Initially after the interview the AO told me to come back in 2weeks for my decision but just because my 2nd attempt to fingerprint didn’t work, he called me back to his office to change his notice to mail out notice. He said they will contact me to come back to repeat the fingerprint and then I will get my decision by mail. As usual, they never contacted me after 3 weeks I contacted them and they asked me to come back. I did go back Friday sept 8th, 2018 and it still didn’t work. I was told to check back in 3 weeks time. Finally, on sept,17th, 2018 I went back there and it worked after 5 attempts. The lady at the desk told me I will receive my decision soon by mail. I am yet to receive any mail and it’s been 3 weeks now. I contacted the asylum office last week and they told me the asylum officer hasn’t made a decision on my case yet probably due to work overload and that I should check back after a month. Not sure if that’s a good or bad thing… what do you think Jason?
Thanks
Hi sir
I have the same thing here in the same office chicago ,I had my interview on 22 Augusts
But the didnt answers me you can give your email to have conversation about the decision
Hello Jason, thank you for the article about the well-organized asylum case. I’m trying to follow your example, the index and exhibits, because I think my pro bono lawyer is not gonna give me enough time, so I’m trying to organize everything myself and then the lawyer will review it. My question is very technical. I mean how do you put the numbers in the bottom center of each piece of paper? using pen by your handwriting or you scan all the papers and put them in a word document or pdf document and then you number them. It will be useful if you assist me. This because the papers are different, some are forms and some are passport photocopies…etc..
I write them by hand with a pen. Old School is the best school. Take care, Jason
I just wanted to let everyone know that after three years I finally got my letter that my interview is scheduled for october 2018.
I applied in September 2015.
I’ll notify everyone how that will go.
I wish that only me but also everyone else here that has waited for such a long time, they get their interview scheduled as fast as possible.
Good luck, Jason
First of all . Good luck. Could you please tell us which asylum office?
Hello. Did you expedite your case? Where did you apply? In what office ( what state) ?
Thanks,
The office is San Francisco And send cover letters and visit the office many times within 3 months period
Hi Jason,
Do you think apply asulym from rural cities like small States make much easier to call interview soon and even get positive decision for cases by officer?
After 150 days passed and i start to apply to get EAD card and in your experience how long it usually take to get hard copy of EAD after apply ?
I do not know which parts of the country are fastest for an interview. There is very limited data available about this (you can Google “asylum division quarterly stakeholder meeting” and find it). My thought has always been that you are better off just living where you want and applying and hoping for the best. As for the EAD, the first EAD is usually reasonably fast – maybe 1 to 4 months. Take care, Jason
Hello jason sir hope you help me 🙏🙏🙏🙏 please
Sir I had a mch today at sf immigration court but my attorney didn’t went with me she call me in the morning and she said I have to leave state for a funeral of my close relative and she gave me a letter to give to the judge
So I give the letter to immigration judge that she gave me . I was hoping that judge gonna give me date for individual hearing but here what happened
1. Judge set the case to another master calander hearing instead of individual hearing . as my attorney is not present today .judge said my attorney can file a motion to vacate the master calander hearing and set the case to an individual hearing .
Sir I already waited 4 years I am mentally good I count every day now this happened. Sir what can I do now????
It sounds like it is not the lawyer’s fault, but it is bad timing for sure. In a case like this, most judge’s would do the same as your judge, so that is normal. I think the lawyer can ask for a sooner hearing date. I wrote about that issue on April 20, 2017. Take care, Jason
Hi Jason,
what this question means in I485 form; (Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit?)
It’s asking if you ever said or wrote anything untrue to get a visa or any immigration benefit. It can be a tricky question, as it is often interpreted broadly by the government, and sometimes people make honest errors on the forms, which the government interprets as a misrepresentation. Plus, of course, they have copies of anything you gave or told them in the past. Take care, Jason
Hi Jason,
I’m from Afghanistan and married having one child and they both are still in Afghanistan. I came to US and applied for asylum in December 2015 and it’s been 3 years still waiting for my interview. It’s getting really difficult without my wife and kid but I’m hoping for a sooner interview.
My Question is: I live in New York and drive for Uber, however I have master’s degree from Europe and some professional working experience too, hence I see more job opportunities in DC and Virginia area, so if I get a job there, can I move there temporarily having my asylum being in process still in New York?
If there is any way that I could move to DC for work without my asylum being effected, please suggest. Please also let me know how long more would I wait for my interview date in keeping in mind New York processing speed?
Thanks
Given the new LIFO system, I doubt a case from 2015 would be interviewed any time soon. You can request that the case be expedited. I wrote about that on March 30, 2017. Sometimes, that works. As for moving, if it is a permanent move, you are required to change your address, and the case will move to the new asylum office. If the move is temporary and you keep your old address, you should be alright not informing the asylum office. I wrote about this issue on June 24, 2015. Take care, Jason
Hi Jason
I would to ask you something please first of all I would like to think you for all that help for asylum seeker.
I had my interview on aguest 22 and they didn’t answer me yet,
1- some people tells me Chicago office they denial many applications and I feel so mad because this my only chance to stay safe iam from Iraq and I can’t back home so is that true ?
2- how many days they need to answer me it have passed 50 days from the interview
When I called them they said it is still pending
3- my attorney said she will keep contact with them but she said they should answer me after 2 months my interview was so long maybe 3 hours so is that good point.
Thank you Jason very mach
1 – We do not do a huge number of cases in that office, but we have generally had pretty good luck there, so I would not worry about that. We have seen a disproportionate number of Iraqi cases denied at the asylum office. I have asked several people I know who work there about that, and they say that Iraq cases are treated the same as all other cases. 2 – You can contact them. Email is usually easiest. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). 3 – There is no time frame, and Iraqi cases, especially men, are often slow. Take care, Jason
Hi Mr. Dzubow
I applied for an EAD about a month ago, I received a notice of reception and it had a receipt number and all that, and yesterday I received my social security card and a letter of approval saying that my card has been shipped to me and the online status check also said the same thing. Is it ok that they approve and send me my EAD without any biometrics? Thank you
I think that is fine. They presumably took your biometrics in connection with the asylum case. It is strange to me, however, that USCIS sometimes takes biometrics and other times, they don’t. It would be nice to believe there was some logic behind their actions, but I have my doubts. Take care, Jason
My latest experience might assist those who didn’t do biometrics but waiting for their EAD approval. In July I applied for my EAD, in late August they sent a letter confirming they received my application and that they were processing it. In that same letter, they explained that since I had my biometrics done in 2016, I didn’t need to do it this time around. Now, 4 months later, I’m still waiting for approval and my EAD arrival. Running out of cash and Christmas jobs being filled quickly, this waiting period has been painful for me. Does anyone know what the average waiting period is these days? btw, great forum Jason; comforting and helpful!!
If you are renewing an old EAD, you should benefit from the 6 month automatic extension, and so you should be eligible to work. Renewal EADs seem to take 4 to 7 months these days. I think it is slower, in part, because USCIS knows everyone gets the automatic extension. Take care, Jason
Thank you very much, Jason. I have mailed the form eoir-33IC to immigration court already, how can I know my address already change to new one? And thank you.
You also have to mail it to the DHS Office of the Chief Counsel – a link is at right. The only way to know for sure is to call the court and try to talk to someone. This is usually not so easy, but you can find their contact info at right where it says Immigration Court. If you want, you can also go to the court in person to ask. They should be able to answer you if you go there, but maybe try phone first. Take care, Jason
Hi Jason, thanks for answering:
1. When I apply asylum case do my wife will call interview with me or not?
2. And I have valid 2 years f1 status, if I denied from inverview then I lost my previous f1 status?
3. Even I denied from interview can I apply EAD after 150 days or I am not eligible that I had my privious f1 status?
1 – If your wife is a dependent on the case, she must also go to the interview. Normally, the questions for a dependent are few. They ask whether the person is a criminal, a terrorist, etc. They usually do not ask about the case (though they sometimes do). 2 – That is unclear. In the past, you would not lose status, but it seems USCIS is changing the rule, and you may lose status if you lose now. But I think it is still not clear how the rule will be applied. 3 – If the case is denied before 180 days, you will not get an EAD, and if the case is denied after 180 days, the EAD becomes invalid. However, if the case is referred to court, you can get an EAD for the court proceeding, as long as you have not caused a delay in the case. Take care, Jason
HI Jason ,
Please help
Firstly thanks for your responses and answers . I have filed for asylum at san francisco office and had an interview and received NOID and responded for NOID within due time and still waiting for the response.
So as i am waiting for the final decision can i apply and drive for uber now before i get my final decision ? or will it create any problem or issues later in future? if yes what are the problems i might face if i drive now ?
If you have a work permit, you can work for anyone who will hire you. It should have no effect on your asylum case. If you work without a work permit, it may have immigration consequences for certain applications, but it generally has no effect on an asylum case. Take care, Jason
Thanks for your response Jason . I haven’t received my EAD yet and can you please elaborate what type of immigration consequences will i face driving for uber?
and is driving for uber considered as an employment?
If you are employed without permission, which would include uber, you are blocked from obtaining certain immigration benefits. For example, you would not be able to change to an F visa if you have worked unlawfully. There are many such examples, but there is no effect on asylum. Take care, Jason
Please M.JASON help me to have an explication about married a green card holder,positifs consequences and negatifs consequences,thank you.
Hello, JASON!
I applied for asylum in August, 2018.
I had my interview on 09/05/2018.
Still waiting for decision.
If I’ll get an approval letter, will I still need an EAD in order to get a social security number?
Or I can get a SSN with that approval letter?
And
if I’m referred to the court, will I be able to get an EAD? Will the 150 day clock still be counting or it will stop?
Thank you!
If you win, they should send you the EAD and then you can get the SSN. That is the normal procedure, but there have been delays for people to get the EAD, so if you only have the approval letter, I suppose you can contact the SS office and see whether they will issue a number. I do not know. If the case is referred to court, you would be able to apply for the EAD as soon as the clock reaches 150 days, assuming you have caused no delay to cause the clock to stop. If the case is referred, you can check the clock by calling 800-898-7180 and entering your Alien number into the system. Press 2, and it will tell you about the clock. Take care, Jason
I wrote about this on August 28, 2018. Other than that, it would depend on your specific circumstances. You may want to do a consultation with a lawyer to see whether this is a good option for you. Take care, Jason
Hello,Jason Dzubow,
My case is pending from 2015 July in Los Angeles. I don’t know how long I have to wait . Also, I want to renew my C8 card, employment authorization online ?Can I renew and apply C8 card online myself or just paper application ?
Thank you so …much !
Yjxu
No one can say how long you will wait for a 2015 case. Probably, there will be no interview soon unless you are able to expedite the case. I wrote about that on March 30, 2017. As for the EAD, I always send it by paper, but you can check the instructions about on-line filing. Take care, Jason
ok, thank you so much …I just found the link that you had been sent before.I logged in my account on http://www.uscis.gov It did not show Submit Button after I finished the Form I-765 ? I did not find where is the problem?It is harder to apply C8 card online than paper application ? Moreover, do I need to scan my fingerprint again if I apply my C8 card by paper by myself or no need to scan new fingerprint again ,same like before?
thanks a lot !
Yjxu
I have only ever applied using the paper form, so I do not know about the online form. You may need to go again for a fingerprint appointment when you renew the work permit. Take care, Jason
hello am just like you ,. july 2015 LA , still waiting !
Hi M. JASON
Please l want know if you are married to us green card holder ,are you able to get a work permit ?
If you are eligible to “adjust status” in the US, and your spouse’s I-130 petition is current, you should be able to get a work permit while the GC application is pending (I wrote about this on August 28, 2018). As from this, I know of no way to get a work permit simply because you are married to a person with a GC. Take care, Jason
Hi,
I have a asylum case pending since 2015. I also have a i765 work permit renewal pending since July. I have 1 speeding ticket and 2 other traffic violations- all payable without going to court. My question is can these speeding ticket affect my case?
Thanks
GoodBoy.
Traffic tickets generally do not affect an asylum case or an EAD application, as long as there is no arrest. Take care, Jason
Hi Jason,
I am going to file i485, there is a part on that form asking for employment history, my question is do I have to give every employer information for past 5 years? and I used to own a small store for couple of months, do I have to put this self employment history on as well? Because I had couple of tiny violations during I ran this business. Although I was not gotten fine or charged, only warning, but I am still worried a bit. Please advise me, thank you so much.
You are supposed to list everything, so that is what I recommend. You should also try to be sure whatever you write is consistent with any prior applications you already filed. Take care, Jason
Hello Jason sir
I am having a master calander hearing on this October 10 . I have my lawyer since 2015 and i already paid her full contract money . And now he is asking for new retainer agreement. I am really confused about that
Is that because I asked him to expedite my individual hearing?
Please advise sir
Thanks so much
I do not know – you would have to read the contract. If you are concerned, you might contact the local bar association (which is probably not so helpful, but you never know – but it is free) or talk to a different lawyer for clarification about the first lawyer’s contract. Take care, Jason
Hi Jason
I filed my asylum case on 13 April 2018 and got a receipt on 18th April 2018 from USCIS and was interviewed on 8th and 9th may 2018.
on 12th September I have visited the asylum office and they said the decision is still pending and today 153 days passed and you can apply for your Employment Card and I submit a request for an address change on the same day, and I mailed I-765 forms with all the receipts and fingerprint papers. today I got a decision as per below:
kindly guide me what I can do now even after confirmed from asylum about 153 days passed then I applied.
DECISION
Reference is made to the Application for Employment Authorization (Form I-765) files with U.S. Citizenship and Immigration Services (USCIS) on September 13, 2018, in accordance with Title 8, Code of Federal Regulations (8 CFR) 274a.12(c)(8). After consideration, it is ordered that FormI-765 be denied.
8 CFR 274a.12(c) state in pertinent part: Aliens who must apply for employment authorization. An alien within a class of aliens described in this section must apply for work authorization…(8) An alien who has filed a complete application for asylum or withholding of deportation or removal pursuant to 8 CFR 208, whose application:
(i) Has not been decided, and who is eligible to apply for employment authorization under 208.7 of this chapter because the 150-days period set forth in that section has expired.
Employment authorization may be granted according to the provisions of 208.7 of this chapter in increments to be determined by the Commissioner and shall expire on a specified date; or
(ii) Has been recommended for approval, but who has not yet received a grant of asylum or withholding of deportation or removal; …
8 CFR 208.7(a)(1) states in part that an application for employment authorization shall be submitted no earlier than 150 days after the date on which a complete asylum application filed.
8 CFR 208.7(a)(2) state in part that any delay requested or caused by the applicant shall not be counted as part of these time periods, including delay caused by failure without good cause to follow the requirements for fingerprint processing.
A review of your file and records from USCIS and the Executive Office for Immigration Review (EOIR) indicates that you lodged or filed an Application for Asylum and Withholding of Removal (Form I-589) pursuant to 8 CFR 208 and subsequently filed Form I-765 prior to reaching 150 clock days. You must have 150 clock days before you can file an application for employment authorization. You will not accrue time towards the 150 day clock when you cause or request delays during the I-589 process, or when the proceedings are suspended or completed at an asylum officer or immigration court. At the time that Form I-765 was filed, less than 150 days had elapsed on the clock used to calculate employment eligibility. You are not eligible for employment authorization under (C)(8) category, and your Form I-765 must be denied.
There is no appeal from this decision. You may file a motion to reopen or reconsider. Your motion to reopen or reconsider must be filed on Form I-290B, Notice of Appeal or Motion, within 30 days of the date of this notice (33 days if this notice is received by mail). For the latest information on filling location, fee, and other requirements, please review the Form I-290B instructions at http://www.uscis.gov/forms, call our USCIS contact center at 1-800-375-5283, or visit your local USCIS office. If USCIS does not receive a properly filed motion, this decision will become final.
This decision does not prevent you from filling any petition or application in the future.
You might try contacting the local asylum office about the clock. Show them this letter. Maybe they can tell you how many days have elapsed on the clock. If you filed too early somehow, and enough time has now elapsed, you should just file a new I-765. Possibly, the change of address somehow stopped the clock, but I do not know. You can find the contact info for the asylum office if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Many thanks to you Jason.
Please help clarify, does the USCIS only consider ‘official business days’ reaching its 150days estimate of it includes all the days adding up to the 150days mark?
Secondly, i intend to file for EAD for myself and my dependants, does it require individual separate form or can it be combined?
Best!
1 – Every day counts, including weekends and holidays. 2 – You need one form + all supporting documents for each person. Take care, Jason
Many thanks.
Hi Jason,
Thank you for your help.
I am on pending asylum status as a dependent (under my family) also attending college. Do you think I can adjust my status from pending asylum to F1?
Thanks
Only if you have some other status, such as a valid B visa, H4, etc. Otherwise, you would need to leave the US to get an F-1 visa, which very likely will not work if you also have a pending asylum case. There are some limited exceptions, so you might want to talk to a lawyer, just in case. Also, if you get the EAD based on the pending asylum case, most schools accept that and allow you to attend. Take care, Jason
Thanks Jason.
Stay blessed!!!
Hi Jason, do you have any ideas where I can check the times for the new york office? I submitted my application on september 2017 and I need my interview asap, I don’t know what to expect in terms of time , thank you!
No such information is available, and the asylum office itself does not even know, but given how things are going, you would not receive an interview any time soon. The only thing you can do is to try to expedite the case. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason, I have been granted asylum last year and I am going to apply for GC recently, but I heard there is a new policy manual says every applicant for adjustment of statues will need an interview, so am I going to be interviewed again or it depends on each case? Thanks.
I have not seen principal asylum applicants get a GC interview. Dependents should, but if you are the principal, I think you will not (but who knows? As USCIS seems to be constantly changing its policies). Take care, Jason
Hi jason,
My question is, my asylum case is pending, and waiting for the interview. I have two (kids) as depedants. Do I eligible for any government benefits like food stamps, medicare and tax returns?
Does it effects my case?
Thanks.
It would not affect the asylum case. But whether you are eligible, I do not know. You would have to contact the office that administers the benefits or maybe a non-profit that assists people with benefits. Take care, Jason
Hi jason.
I saw some answer from you about GC. You says that if you are asylum pending , you may need to leave us to get GC. Now my question is that if someone has lottery visa or EB-2 , etc. And after all process left US to get GC, how long it takes to get it from 3rd country. I mean that we need to do anything over there or just pick it up and go back to US.
I wrote about this on September 6, 2018. How long you would need to be overseas would depend on the case. It may only be a few days, if everything goes well and depending on the case, but you would need to talk to a lawyer before trying that, as you do not want to leave and then be unable to return. Take care, Jason
Hi Jason,
My Asylum has been approved on 24June, 18. I visit two times in past 3 months to infopass to get my updated I94 but they still not received my file.
Do you have an idea about this delay?
Thanks,
ALISA
Usually, the I-94 comes attached to the asylum approval letter, so maybe double check that. There have been delays with EAD cards for people granted asylum. You might contact the asylum office directly to ask about that if you have not received it. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hey, Jason
I had interview 9/18/2018 in Boton office , after one week 9/26/2018 i received , recommended approval, do you know how long will be background check ?
It is not predictable. It could be days or many months. If you do not have an answer in a few months, you can email them to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hello Jason,
My husband submitted an asylum application on 2014, until date no interview yet. On the other hand, I have H1B visa and will be offered a GC in the next couple of months. Can I include him in this petition or as he has no non-immigrant status, he will not be able to join me?. Also, how can we try to expedited an asylum case?. Thank you!
I wrote about expediting cases on March 20, 2017. If he has no status other than asylum pending, he probably needs to leave the US to get his GC based on your case. Talk to the GC lawyer about that. Also, I wrote something about that on September 6, 2018. Take care, Jason
Hi Jason, greetings,
What a this new rules says about pending asylum, could you guide me please,
“The Department of Homeland Security (“DHS”) has proposed a new rule, which seeks to block anyone who is likely to become a public charge from immigrating to the United States”
As I have ca cover insurance, they given me insurance, I am just paying $ 1 per monthly rest pay by government ‘ they approved my supporting doc for insurance like my work permit also,, so my question is that as I getting government benefit, it’s effect my pending asylum case ?? , I have not yet getting any physical insurance benefit, kindly advise ,
I wrote about the new rule last week – you can check that posting if you want. The short answer is that the new rule does not apply to asylum seekers or people with asylum. Take care, Jason
thanks Jason,I have moved to another city, and I already change address, and do I should mail a motion to judge to move my case to new city? thank you.
If the case is with USCIS or the asylum office, the change of address should be enough, but if the case is with the Immigration Court, you would need to file a motion to change venue. Take care, Jason
thank you very much, may I have a example of motion which somebody wrote before? about one month later will be the hearing day, dose the time is okay? thank you.
If you Google “Immigration Court Practice Manual”, maybe you will find it – in the index are some sample motions. Take care, Jason
Jason Dzubow, thank you.
I have email a motion to you, can you take a look? And I want to know a way I can pay you and thanks for you help me a lot.
I will respond to the email when I have a chance, but generally, lawyers cannot assist in this way. Either we do an entire case, or we cannot do anything. That is related to the rules we must follow. Take care, Jason
Hi Jason, I sat my interview on November 16 2016. But I received a letter 3 weeks ago from immigration that “they are currently processing my form/ petition and they don’t need a fingerprint from me they will use the one they already got, they also said If they need any information from me they will let me know” my Question is, is it that they have started working on my case now?
People seem to get that letter sometimes. In some cases, it seems a decision will come soon after the letter, but not always. You can contact your local asylum office and inquire about the status of your 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
Thanks so much.
HI Jason, when i have green card on asylum basis on 2008 i applied for my spouse and she got approved asylum and came to U.S on may,2015 with granted asylum after one year on october 2016 i applied for her adjustment of status after few month on january 2017 received finger print receipt which did make it on time mean while i applied for my citizenship and i am become A U.S Citizen on july 2018 now i received letter from USCIS regading my spouse adjustment of status letter mention those word ( USCIS RECORDS INDICATE THAT YOU RECEIVED DERIVATIVE ASYLUM STATUS AS THE SPOUSE OF YOUSUF ON MAY ,24,2015
THE RECORDS INDICATE THAT MR YOUSUF HAS BECOME A U.S CITIZEN AND YOU CAN NO LONGER ADJUST STATUS AS THE SPOUSE OF AN ASYLEE. HOWEVER YOU MAY APPLY FOR ASYLUM AS A PRINCIPLE APPLICANT IN ORDER TO ADJUST STATUS . PLEASE COMPLETE FORM I-589 APPLICATION FOR ASYLUM AND FOR WITHHOLDING OF REMOVAL AND SUBMIT IT , USCIS WILL RESUME PROCESSING YOUR FORM I-485 AFTER A DECISION IS MADE IS ON YOUR I-589) MY QUESTION IS THIS IS MY SPOUSE GO THROUGH WITH ALL NEW ASYLUM PROCESS LIKE WAIT FOR ONE YEAR AND THEN APPLY FOR GREEN CARD AND SUBMIT ALL THE EVIDENCE ONCE AGAIN WHY SHE NEED ASYLUM OR MORE THINGS OR AFTER SUBMIT I-589 THEY JUST APPROVED HER SATUS I-485 AS IT IS OR WHAT IS BETTER FOR ME TO DO I CAN SPONSOR HER AS CITIZEN AND WITH DRAW THE ASYLUM APPLICATION WHAT IS GOOD AND FAST WAY TO GREEN CARD FOR MY SPOUSE THANKS
I do not know for sure which path is better, but I think you should respond to this letter. She needs to do a “nunc pro tunc” asylum. Basically, when you became a citizen, she lost her asylum status. The nunc pro tunc application is a formality. USCIS should put the case on hold, adjudicate the nunc pro tunc and then re-start the I-485 process. We have only done this a few times, but when we did it, it was pretty fast – the person did not wait for years for the asylum case to be decided. Plus, it saves you from paying the fees a second time (if you file for her based on your citizenship). On the other hand, if you file for her now, and she gets her GC based on the marriage, she is eligible to become a US citizen more quickly (in three years after getting the GC). Take care, Jason
Hey jason i have few questions please:
1- i applied for asylum in 2016 and still I didn’t get any interview dates so do you think i still have long time of waiting until i get my interview?
2- if my asylum is denied will i get forced to leave the country? I heard even if you get denied you have at least 9-10 years in courts before they force you to finally leave?! Is that right?
3- can i apply to renew my EAD if they deny my case and transfered me to the court?
Thanks
1 – I wrote about the new LIFO system on July 10, 2018. I doubt a 2016 case will be interviewed anytime soon unless you expedite. I wrote about trying to expedite on March 30, 2017. 2 – If you lose, you can try to win asylum in court. The court process is generally not that slow. These days maybe 2 to 6 years, depending on which court you are in. 3 – Yes, you can renew your EAD if the case is referred to court. Take care,
thanks jason for everything, i am Asylum applicant from last 5 years, referred yo court, next date is in 2020, i want to invite my old parents, to visit me they are over 60 years old, i completed all the required documents i.e Bank Account Verifacation letter, invitation letter to my parents, my tax return, W-2 , bank statement with handsome amount. i have question, in online ds-160 form there is question about me what is my status here, US citizens, Permanent Residents,LPR, other/don’t know. Jason please help me what to select here, because in visa interview the visa officer must ask from my parents, about my status, thanks
You do not have a lawful status here – you have a pending asylum case. It may be that your parents will need to explain that, and explain why they do not need asylum and will return home after their visit. As for which box to check, I cannot advise about that, but if they need to provide further explanation beyond just checking a box on the form, they should do that, in order to avoid confusion or the appearance of trying to hide something. Take care, Jason
Hello jason sir I am having a master calendar hearing on 10/10/2018 in sf imgration court would you please tell me what is the wait time for individual hearing under the lifo program . One more thing sir I already waited 4 years and I am suffering for ptsd can we ask judge to give me sooner date of individual hearing. I got a new judge
Thanks so much for your help
The wait time varies by judge, and I do not know about wait times in SF. LIFO does not seem to apply to court cases, at least not the courts where I am practicing. If your case is complete and ready to go, you can tell the judge that, and explain why you want a hearing as soon as possible. In some cases, the judges can accommodate that request. Anyway, you can try. Take care, Jason
Hello Jason. At my 2nd interview, AO asked why I checked NO on Form I-589, part C. #4. although I had 3 short trips from my country during persecution events from my Statement. I replied that was because these trips occurred before filing I-589 and at that time I have no intention to apply for an asylum. As a matter of fact, at my 1st interview, AO didn’t ask that question. Can it affect the decision on my case? Thank you.
Some of the questions on the I-589 are confusing, especially for people who do not normally do asylum cases. Hopefully, your explanation was sufficient. If so, the answer should not affect your case. However, any time a person leaves his country, visits a safe place, and returns to the home country, the asylum officer will ask about why the person returned home if it was dangerous. The answer you give could affect the outcome of your case if it cause the asylum officer to believe that you do not fear returning to your home country. Take care, Jason
I have another question
If I move to California does that stop my EAD clock because of changing asylum office
Will it impact in any other way
Regards
If you move and change asylum offices, the clock will stop. It should re-start again at your asylum interview. If the clock stops and 180 or more days have already passed, you can stilt get the EAD. Otherwise, I know of no other effect of moving. Take care, Jason
Hi Jason,
Thank you for providing us help.
I live in St. Louis and I had applied in Chicago asylum office it’s been 4 months now and more than 3 months since my biometric done.
My last name was misspelled my lawyer called Chicago office, they told the lawyer that, in their system my name is correct then how come my name misspelled on all letters received from Chicago asylum Ofice
My lawyer sent them fax to change my interview venue to Chicago instead of St Louis just for the earlier interview date. After week or 2 received letter from Chicago office saying that Chicago office is very busy and I get my interview earlier in St. Louis than Chicago
Still no interview date
My few other questions are
Do I need to expedite my case now (4 months since apply)
After expediting if they refere to court, can that stop my EAD clock or just expediting can stop EAD clock.
My Family is in Pakistan getting shelter in my relatives house 700 miles far away from home town, can I apply for their visa ? Or is there any petition I can file for my family
Pls advise me
Regards
For the name, it could be an issue when you apply for the EAD, so hopefully it can be fixed. It would not affect your asylum case, probably, because even if it is not corrected beforehand, you can correct it at the interview. Not everyone who files gets a quick interview, as there are too many applicants to interview anyone. This is just luck, and it seems you did not get an interview. You can try to expedite – I wrote about that on March 30, 2017. Such a request should not affect the Asylum Clock. As for your family, they can apply for any type of visa they want, but your asylum case may make that even harder than it would normally be. Unfortunately, there is no easy solution for people separated from their families. Good luck, Jason
Hi Jason, I have a question regarding the withdraw of the asylum application. I have done interview, but have been waiting for a long time for the decision. Changes happen in my family and I need to go back to them, I want to withdraw my application, could I do it myself? Of course I will also inform my attorney. How do I start the process? Thank you
Contac the asylum office and let them know. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). It is not always easy to withdraw a case, and so if you keep your lawyer, and the asylum office sends you a notice, your lawyer can inform you. This should help in the event that the withdrawal does not work and they try to send your case to court. Take care, Jason
Hi Jason,
Many thanks for your guidance!
Just want to know; I want to apply for expedite hearing, how long it will take to know the expedite hearing date?
How does the court inform you?
Thanks,
It varies by judge. I think they are supposed to respond to motions within a certain period of time (maybe a month – I do not remember). If there is no response, you can follow up with the judge’s clerk. If the motion is granted or denied, the court should send you a notice by mail. Take care, Jason
Thank you, this sounds very formal of a process, and can take long, I will have to leave in a short term, and I willing give up all future immigration benefits in the US, and won’t be back any more. In this case, what’s the best I can do so I can leave asap?
If you want to leave, you can leave. There is no harm in emailing the asylum office to inform them that you are leaving. And this might ultimately help avoid problem if you do decide to come back. You can find their contact info/email if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason, I heard an asylum officer’s decision to refer you to immigration judge (Notice to appear) can’t be mailed to you rather it has to be served to you in person. How true is that?
It is not true – we see cases where the person is referred to court, and they receive the referral notice and the Notice to Appear by mail. Take care, Jason
Hi Jason, I moved to the United States recently and prior to that I resided in Europe for few years. I never had firm resettlement. In Europe, I always maintained temporary student and visitor visas. Now I’m seeking asylum here I’m afraid that they might use this against me. The reason I didn’t seek asylum in Europe is that I worked for the united state government and I didn’t not want to seek asylum in another country and disclose information about my work for the US government (like meetings, relations with local politicians and things like that). Also no other country would understand the danger I face because of my work with the U.S gov more than the U.S gov. Do you my reasons are strong? Please note that my problems are well documented and I reported some of them to the Regional Security Office and they advised me to not travel back my home country in the middle east. My lawyer said that the case is strong but I might have hard time because I spent four years in Europe. I’m really scared because this administration might try to find a reason to refuse me.
I think this is a reasonable explanation. We often have clients who lived in Europe before they came here, and it is rarely a problem. You should have evidence that you do not have status in Europe, though, such as visas, temporary residence documents, etc. showing that you do not have status in Europe. You might also mention other reasons – you did not speak the language of the country where you were located, you have no family or community there, you encountered racism, etc. My guess is that as long as you address the issue, you should be fine. Take care, Jason
Hello Jason. Does the asylum office accepts evidences in a memory stick or DVD or everything has to be printed out. And if everything has to be printed, how can you submit the videos ?
You should print as much as you can. They might accept a CD Rom or a memory stick, but I am not sure – it may depend on the officer. For videos, we submit some screen shots or maybe a transcript of the video (and a translation of the transcript, if needed). You might also post it to You Tube and give them the link. Take care, Jason
Hi everyone
Dear Jason
I had my asylum interview on 22 august in Chicago office but before and after the interview I couldn’t do my
Fingerprint they told me the system couldn’t work ,however they didn’t call me or answer me about they want me to back again there or just should wait the decision ?
Should I call them or they send mail for me about that because my attorney didn’t say anything about that she said they will call you back now 33days after the interview they didn’t send anything ?
I think you should contact them and remind them about the fingerprints. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Just giving an update since I filed for my asylum.
19th March – received receipt for filing
1 week letter received letter of invite for finger prints bio metrics
1 week later went for bio metrics
13th August 2018 filed for EAD
2 weeks later received receipt for EAD filing
20th of September 2018 received letter notifying me that my EAD was approved
21st September 2018 received my EAD
24th September 2018 received my SSN
Interview date still pending