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
Hello Jason. There are provisions in American law that say if you have a pending asylum case in any country, you are banned from applying for asylum in the U.S. What about if you have a pending application for “temporary residence permit” in another country that you abandon and terminated before coming to America? Is there any particular requirement in this case.
I know of no such requirements. If you are “firmly resettle” in a third country, you are not eligible for asylum in the US. But unless the application in a third country (for asylum or other permanent status) is approved, your eligibility for asylum should not be affected. Even if that status is approved, you may still be eligible for asylum in the US, but that can be a tricky legal question. Talk to a lawyer about that if that is your situation. Take care, Jason
Hi jason ,
1- what is the procedure to apply work permit if i am completing 150 days clock?
2- After applying how many days does it take to get work permit?
Hi Jason,
Please can you confirm me how soon can someone apply for EAD renewal based on pending asylum.
Thanks,
You can apply up to 180 days before the old EAD expires. We are recommending you do not apply earlier than 170 days before it expires, UST to be safe, as I worry that USCIS will think that the application arrived too early and be rejected. Take care, Jason
Thank you. But since you get an automatic extension after applying when do you personally think it is better to apply? 4-5 months before the old EAD expires? I am debating if I should apply 5 or 4 months before my old EAD expires. It is expiring on May 20, 2019. Please advise. Thanks,
Given the automatic extension, I do not think it makes a huge difference. However, it is nicer to have the actual EAD card (rather than relying on the receipt), so there is no reason not to file early. We generally tell people to file 150 days before the old card expires. Take care, Jason
1 – You use form I-765, available at http://www.uscis.gov. You would have to check the instructions for all that you need to do and where to send it. 2 – It is unpredictable. We have seen it take anywhere from 1 to 4 months, but 2 or 3 months is a good guess these days. Take care, Jason
Hi Jason,
1. How much you charge for service?
2. As soon as I applied thru with you how many days it takes to fill application and start filing?
3. I have e2 status and have 1.8 years with valid i-94 status from last US entry. Do I lose my e2 status when i apply asylum?
4. If I get deniel from interview do I back my e2 status again or already lost e2 status and keep forwarding to referral court
1 – It depends on the type of case. For most local affirmative asylum cases, we charge $4000 on a payment plan. 2 – Different cases take different lengths of time to prepare, but typically we start work pretty quickly. It often takes a month or two to complete a case. 3 – I think not, but there have been changes recently that could cause you to lose your status if you are denied asylum. I believe this would not apply to an E2 visa, but I have not checked that. 4 – If you keep your E2 status, you do not go to court. If you lose that status, you would be sent to court where you can present your asylum claim (and any other claim) to the Judge. Take care, Jason
Hello Jason
Thank you very much for the wonderful job, doing for the asylum community.
I applied asylum application in December 2015 in San Francisco and still waiting for the interview. Do you have any idea how is the interview process going on in the San Francisco office?
Thank you.
I did a post on October 24, 2018 with some data about the different offices. I do not know whether the SF office is interviewing any old cases or not, as mostly they should be interviewing new cases, per LIFO. You can always try to expedite the case – the SF office is more responsive than most about such requests. I wrote about expediting on March 30, 2017. Take care, Jason
Hi, Jason
I had previously wrote and asked a question, but couldn’t see my question. So, I will write my question again.
I have applied for asylum last year, and I was single when I applied. I will marry in this december, and want to add her to my asylum application. Do you know what procedure i should follow to do that? should i prepare a new application for her or should i just update my I-589 and provide a brief cover letter along with marriage certificate?
Also, i a wondering if she can immediately get her work permit once we applied for her. or should she wait for 5 months or so to get her permit. i currently have a work permit.
Thank you,
Mustafa
You should contact the local asylum office by emailing (or in person) and they should be able to tell you the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Once she is added to the case, she can apply for an EAD on the same schedule as you – so if you already have it, she can apply immediately. Take care, Jason
Thank you so much, Jason. It is great help. Appreciate it.
Dear Mr. Dzubow,
Thank you for all the valuable community service you are providing. My question is: How can my child (who is completing high school, with high scores) apply to FAFSA? We are c(8) status and couldn’t find a “status” option that is appropriate for us when we tried to complete the form online. The application in not to seek government aid, but all private supporting institutions, we consulted, want from us FAFSA information. We are grateful to your advice.
Regards,
Shim
Hello Jason,
Thank you so much for your time to reply to all comments.
If I hire a new lawyer for my asylum case, is that Ok to update my declaration / statement which was subitted initially with the application in 2015 ?
Is it allowed to do so? and will this negatively affect my application, or maybe the decision of the asylum officer ?
We have done that many times. You have to be consistent with the first declaration, and if there are inconsistencies or changes, you need to explain them. But otherwise, it should be fine. Take care, Jason
Do we know scheduling times of Chicago office? I applied in may 2016 no interview yet.
Anyone here 2015 of 2016 Chicago office????
Thank you.
Dear Mr. Dzubow,
Thank you for all the valuable community service you are providing. My question is: How can my child (who is completing high school, with high scores) apply to FAFSA? We are c(8) status and couldn’t find a “status” option that is appropriate for us when we tried to complete the form online. The application in not to seek government aid, but all private supporting institutions, we consulted, want from us FAFSA information. We are grateful to your advice.
Regards,
Shim
I don’t know about that sorry. Maybe if you reach out to the organization or to a university the child wants to attend, they can help. Take care, Jason
I had apply in 2015 in Chicago office . Still chasing for interview!
Which month? I applied may 2016
Fratra,
I was applied at the beginning of October 2017. I was interviewed on November 5th 2018
applied Dec 11 2017 Chicago office
no interview yet
They are following LIFO and doing newest cases first. If they have extra time, though, I do not know whether they are interviewing old cases or newer cases. Probably your only chance to get an interview soon is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason
My case is as follows, my wife came to the United States in 2016 and applied for asylum. I then came and applied for asylum in 2018 and was interviewed. I requested that she be excused during my interview so she was outside.
After interview, the officer told me to come collect results after 2 weeks but then called to say results will be mailed.
My wife has just received an interview notice.
My wife was victimized and terrorised in my home country due to my political activities but her account is different from mine since her narrative is based on things I used to hide from her during my activism days.
Do you think our two files will depend on the other for decision making purpose?
She is is not ready to go for interview and is thinking of postponing it, will this delay a decision on my case?
Thank you for your wise counsel
Could you please share application month and state? Good luck
I do not know for sure, but it is certainly possible that they will compare the two cases. At the minimum, I think you will need to her that you did not tell her the whole story so that when she testifies, and they ask about certain incidents, she can explain that she does not know all the details. If there are actual inconsistencies between the two stories (as opposed to omissions from her story), that could create a credibility problem for both of you. Maybe the best thing would be to sit down and have her review your entire story and asylum case, so she will know everything and can respond in a consistent manner, and explain any previous omissions from her 2016 application. I also think it is possible that neither of you will receive a decision until both of you are interviewed. Take care, Jason
hi Jason
I would like to think you so much for your job
I have 3 questions
1- I had my interview on aguest in Chicago but they didn’t answers me do you know if there are any news from Chicago office about the the decisions
2- after the interview I didn’t do the fingerprint they told me the system wasn’t working
But they didn’t send anything for me about the fingerprint
3- I called them 3 times and I sent the inquire they told me the decision still pending
And when I asked them about the fingerprint they didn’t give any answers so what can I do
The last think iam from Muslims countries .
1 – We only have a few cases there, but we got at least one decision this year. I think everything is operating normally there (this means slow). 2 – You might want to email them to ask them about this (and you can also ask about the status of your case while you are at it). You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). 3 – You can try going in person or if you can call, ask for a supervisor. Also, it is very common for people from Muslim countries, especially men, to have long delays after the interview, so this may be an issue for you also. Take care, Jason
Hi Jason
I called them and sent email for them but they just tell me your case is still pending but they didn’t answers me about the finger print
I’m so stress I afraid I will get much dealt like year
It may be that they do not need it, but it would be nice if they would let you know. Maybe if you can, go in person to ask. You might also try sending another emailing emphasizing the question and (politely) indicating that they did not answer your question the first time. Take care, Jason
Dear Jason
I appreciate the good job, you are doing.
my asylum approved last year December 2017 after 4 year waiting period.i have couple of question.
1- how much, its takes time to get the green card after apply as asylee.
2-is it a good idea to apply for fee wavier.
3- i do not have any lawyer now, does it a good idea to hire a lawyer to file for green card or its okay to file
by myself
4- i want to join national guard, can i able to apply for national guard once i file for green card or i have to wait till i received it.
thanks again for you help
God bless you.”Ameen”
1 – You can check the processing times on http://www.uscis.gov, but I think it says 11.5 to 37 months. The most recent one we did took about one year. 2 – If you qualify. I am not sure whether that would delay the process, but it might. 3 – It’s up to you, but make sure the I-485 form is consistent with your asylum case (especially regarding any arrests and any organizations you belong to). 4 – You would have to contact them to ask. Take care, Jason
I 485 form is consistent with my asylum case?? Can you explain this in detail. I am kind of confused what does this means??
Anything you said in one form should be consistent in the next. So if you said you are a member of 2 organizations on the I-589, you should say the same thing on the I-485 (or be prepared to explain why there is a difference). Take care, Jason
Thank you for your help. Now, i have more questions:
1- if my decision its a referral to the court, can i still add my wife? Its the same process?
2- my son is under 10 years old, can i apply SSN for him?
Hi Jason,
I have asylum case pending of decision i added my son. Now i am married but i did not ad my wife yet. Her visa is expired a while ago.
Can we take flight to travel around the country together? I have my asylum receipt for me y our marriage certificate. Thank you
Domestic flights may be ok, but these days, I would be cautious about that. Maybe it is safer if everyone is added to the case and has evidence about that before traveling. Take care, Jason
Hi jason,
I applied for asylum july 2018, i already have my interview now I’m waiting for my decision by mail. At the interview i added my son and he did fingerprint and photos. Now i am married with girlfriend with b1/b2 visa and she stayed im about to add her. My questions are:
1-Can i add her as dependent while i am waiting for decision?
2-if my decision doesn’t come yet and my 150 clock days is over can i apply EAD and SSN for my dependents at the same time as me?
3- can i apply SSN for my son already added?
Thank you!!!
1 – Theoretically, you can, but whether this will delay your decision, or whether you can get her added in time, I do not know. You might want to contact the asylum office to ask them. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). It is probably at least a good idea to send them the marriage certificate, even if you do not add her to the case. That way, if you win, it may be easier for you to file the I-730 petition for her so she can get asylum too. 2 – Yes. 3 – You can try, but normally, the person needs an EAD to get the SSN in this situation. Take care, Jason
Thank you for your help. Now, i have more questions:
1- if my decision its a referral to the court, can i still add my wife? Its the same process?
2- my son is under 10 years old, can i apply SSN for him?
1 – If you are referred to court and she is not, there is no easy way to add her to the case. However, as long as you are legally married, if you win asylum in court, you can file an I-730 for her and she will get her asylum too. 2 – Yes, but he probably needs the EAD. Ask the SS office to be sure. Take care, Jason
Dear Jason
After my asylum approval i did fill out the I-730 for my children. I did submit that almost 1 week before the end of the 2 years submission for asylees ( I took a lot of time for me to find some documents from back in country). USCIS responded rejecting them with reason that there was no enough evidence as they needed legal proof for marriage and other. I have submitted a motion to reopen as i finally found the supporting documentation. The thing with the motion is that i sent it together with a fee waiver (Due to a serious hardship i am facing).The later has been rejected with reason of not submitting the filling fee (I don t really know why they have rejected my fee waiver). My question is :Now that i am out of the 2 years window for I-730 and out of the 33 days for the motion to reopen , what other options can i explore again ??? Please i am stuck. Please HELP
I really do not know – You may have to appeal the denial of the fee waiver, but I do not even know if that is possible. Another option, if you have received your green card, is to petition for your children based on your status as a green card holder. That takes some time, but at least you do not have to contend with the 2-year deadline, and it sounds like you have gathered the documents you need as evidence for the case. Other than this, I do not have an idea – maybe talk to a lawyer about the specifics of the case and the lawyer can do some legal research for you. Good luck, Jason
Dear Jason
I appreciate the good job that you are doing.
We had our interview about 3weeks ago and we are yet to get a response from the asylum office.We became out of status yesterday hence we can no longer move around with our passports.I need your advise on what document to take around that makes us eligible to stay in the country since we are now out of status.
-Can we be visited by ICE …because i have heard stories about people that have similar cases visited by ICE..How true is this please?
In summary..what is my right ,now that i and my family are out of status..pls remember we have been interviewed but yet to get a response.
Thank you.
If you have a pending asylum case, you are lawfully present in the US. Your receipt is proof of that. I have not heard about people in your situation having a problem with ICE, and so I do not think that is a worry at this time. Take care, Jason
Hello Jason,
I would like to know how or in what way my oncle who lives in Houston and who is U.S citizen can bring me in the U.S.A I’m presently in Africa. He would like to know the process and the papers he needs to settle. I’m in my 30s if that matters. Thank you
I am not Jason, but there is nothing your uncle can do to bring you in the US because you are 30, you need to find some ways yourself( like for example to come to the US as a student). If you were under 21 he could try with few possible ways which wouldn’t still be easy.Thanks,
I can really only answer questions here related to asylum, but there is no easy way for him to bring you here. Maybe he can help you get a job or enroll in school, but there is no easy answer. He can talk to an immigration lawyer on your behalf to review the options. Take care, Jason
Hey Jason thanks for all the feedback.
I had my interview on the 30th of August till date my decision has not been mail to me can I apply for EAD when i clock 180.which will be December 23? Thank you
You are eligible to get the EAD once the clock reaches 180 days, but you can actually file the application for EAD (form I-765, available at http://www.uscis.gov) after 150 days, so maybe that is near the end of this month. Take care, Jason
Hello,
I had my asylum interview two weeks ago after waiting about 3 years. My lawyers were present entire time during the interview. At the end, the asylum officer told us a decision would be made in a couple of months. So if I get granted asylum, next step would be Green Card? If not, I will go to Immigration Court to appeal?
Thanks,
Martin
If you don’t mind can you please share when and which office did you applied?
That is basically correct. If you win, you can file for the GC after one year. If you lose, you go to court and present your case to the Judge. I wrote about that on March 7, 2018. Take care, Jason
Hi Jason. My husband is primary asylum applicant and we are still waiting for interviews. Q1. He got i140 approval based on eb 3 category. His ead is going to be expired. Can he choose different category than c08. I heard that some people got ead and ap card after i140 approved.
Q2. I know we need to take consular processing for GC. It is still pending. If we get interview while GC application pending and denied what will happen to our GC application. Q3. Is there any benefit after i140 approved .
1 – I do not do I-140 cases, so you might check with his I-140 lawyer (if he has one). However, unless he has some other status, aside from asylum pending, he is most likely not eligible to get the green card without leaving the country. I wrote about this on August 28, 2018. If he cannot qualify for the GC, I doubt he can get an EAD based on the I-140. 2 – If the asylum case is referred to court, it will become even more difficult to get the GC based on the I-140. Most likely, he would need to take voluntary departure, leave the US, and try to get the GC overseas. If that does not work out, he will not be able to return to the US (in other words, he cannot get Advance Parole once the court case is pending, and so cannot use that to return here). 3 – If eligible, he can file for the GC. If he is not eligible, as far as I know, there is no benefit. Again, talk to a lawyer who does such cases to be certain. Take care, Jason
Hi Jason,
Thanks for your efforts to help asylum seekers
I have a question, can an approved asylee’s family Apply for visit visa to avoid I-730 delays?
Or is there any way to make this process fast or is there any way they can apply for any visa on humanitarian basis
Thank you
They can apply for a visit visa, but if the embassy thinks they will stay in the US and get their status based on an I-730, they will probably deny a visitor visa. You can ask USCIS (and the embassy) to expedite an I-730. It probably won’t help, but you never know – if there is a good reason to expedite, they might do that. I wrote about expediting asylum cases on March 30, 2017 – the same principle would apply to expediting an I-730 (though the process is obviously different). Take care, Jason
How long does San Francisco court take to make decisions on master hearing of removal?
I do not know about the length of court cases in San Fran, and it would vary depending on the judge. Take care, Jason
Hi. Jason. First question. If somebody is living outside the us and has sponsor for eb3. He can work after i140 approved. Second question. If somebody is asylum pending. He is working in us and has sponsor for eb3. He can change ead category ebased on pending green card EAD After i140 approved .
It depends on your past visa status when you filed your asylum if that time your visa was vilad you can apply for h1,eb2,eb3 if your visa is expired after fileing still you can also apply. same problem here
I applied my asylum in December 2015 i am still waiting for interview in arlington office any news about 2015 bach plz sher your experiences i am tired of waiting and visiting this page 10!times a day
To the extent Arlington is interviewing non-LIFO cases, they appear to be interviewing old cases from late 2014. If they continue in that way, and if they have extra time to interview old cases, maybe they will start with 2015 cases in the near future, but really, it is pretty unclear. Take care, Jason
I applied my asylum in December 2015 i am still waiting for interview in arlington office any news about 2015 bach plz sher your experiences i am tired of waiting and visiting this page 10!times a day
I do not do EB3 cases, and so I cannot answer the first question. As for the second question, the person would have to have some status other than asylum pending if he wants to obtain a GC based on the approved I-140. Otherwise, he would have to leave the US and get the GC overseas. I believe the person cannot get an EAD unless he is also eligible for the GC. I wrote about this issue on August 28, 2018 and September 6, 2018. Maybe those posts would help. Take care, Jason
Hi jason,
I had my interview on 15th Aug still waiting for result . My question is can i change my address if i am waiting for my result??
And second thing i am completing my 150 days clock on 25th nov would it effect my clock if i change my address ? Or i should wait till 25th nov??
Changing the address only affects the clock if you move to the jurisdiction of a different asylum office. You can check that by entering your old and new zip codes into the asylum office locator (a link is at right). Also, for purposes of moving and not losing the work permit, the magic number is 180 days. You can file for an EAD after 150 days, but you are not eligible to get it until the clock reaches 180 days, so if you change your address and the clock stops before 180 days, you will not get the EAD (we once made that mistake when we submitted the change of address on day 179 and the client did not get her EAD!). Moving should have no effect on the decision in the case. Take care, Jason
Thanks for your reply my address is coming under same asylum office so if i change the address it wont effect my clock?
It should not affect the clock. Take care, Jason
Hi Jason,
I applied for an asylum along with my family back in 2015, still waiting on interview. My question for you is, if my son, who is with me in my case, marries a non-immigrant whose here on a B1/B2 visa, can she also be added in our case as an asylum applicant, or will she not be able to change her status to an asylum applicant?
She cannot be added to your asylum case. You son could file his own case if he has one, and she could be included in that, or she could file her own case, but a daughter-in-law cannot be part of the principal applicant’s case. Take care, Jason
Hi Jason,
First of all thank you for this blog! I am sure all people here including me do appreciate your help.
I am asylum seeker and my case was pending for 10 years. As I was told I do qualify for asylum but was inadmissible due to security concerns. And my case was put on hold.
Yesterday I received a Notice to Appear at immigration court in Portland Oregon. My case will be in the court, no date is given yet. I am married and our 3 kids are US citizens.
What should I do? Will they deport us all? If it helps I can provide detailed info on my case.
USCIS claims that I have provided material support to tier 3 organization. But I believe that I do qualify for at least 3 exemptions by USCIS (medical care, insignificant support, support under sub-duress).
Please give me advice!
Thank you!
First, US citizens cannot be deported. Second, you (and your spouse) might also qualify for Cancellation of Removal. Third, even of you are barred from asylum, you can still potentially win Torture Convention relief (we just did that yesterday for a man who was also charged with material support of a Tier III organization; we will next file a waiver with DHS to see whether he can overcome the material support designation and get asylum). Finally, you may be eligible for other relief too, depending on the case. You should find a lawyer to assist you with the case, and there are ways to try to remain in the US. Take care, Jason
Hi, I had apply for asylum in 2015 in Chicago office . I had include my wife and two kids that time. Still waiting for the interview. My question is 1-if my wife apply for asylum now( I understand it’s been over 1 year) so we can be placed in LIFO and interviewed soon and my had same situation as mine. 2 . We have now 2 more kids born here . What happens to our kids if our application denied? Should I prepare their visas? Because I can’t leave them behind .
1 – I think not. The process is different when a dependent files for asylum (in general, the case is filed with the local office). Being an asylum dependent is an exception to the one-year bar, so that is not a worry, but she would likely be on the same schedule as you for an interview. 2 – Typically, if a person loses and leaves the US, they take their US-citizen children with them, but legally, those children are permitted to remain here. Also, remember that if you lose at the asylum office, the case goes to court, and a court case takes a few years, so you would not need to leave immediately if asylum is not approved. Take care, Jason
Hi Jason, I applied for asylum and I now want to include my son and wife who are here in my application. I sent an email to my lawyer to inform her of my development but I didn’t receive a response. So I decided to go to the office to inquire and thats when the secretary told me that they had sent an email to Uscis to ask whether it’s possible and what’s the process. From your experience and understanding what is the explanation of this as for me I took it like maybe she has no idea of the process
There is a process. It does not work all that well, but info generally has to be sent to the Service Center, not the local office (most affirmative asylum applications are filed at the Service Centers). If this does not work, then you can file at the local office. It is best to contact the local office and I think they can provide guidance about how to add a dependent. 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
First of all thanks alot for what you doing,i follow all your blocks since 2014,am grant Asylee i applied to my wife and kids a year ago and they been interviewed a 2 days ago at the US Embassy in my country the take them passports and they told my wife the Visa for kids is ready we can give it to them or you want to wait? She asked them how long it will take to get for me they said till a year,and we will send you and E mail for medical check !!!! Why this dealy for my wife Visa and the kids Visa is ready ? And why a year again ? What do you think Sir ?
Yours
Joe
Hi Joe,
May I know which month you applied the Asylum and Which office you submitted your application to please? I am waiting too long, so just tried to figure out the speed of proceeding the old cases based on your situation. Thank you.
I Applied 11/2014 Arlington got my interview 05/2016,then got my grant 07/20/2016
Thanks Joe, I thought you submitted yours at 2017, then got the interview 2 days ago…. So still are not able to forecast the schedule of cases submitted before 2018 now….
hi, I applied in Arlington in nov 2014 but no interview yet, have you requested for a special interview?
You might try to expedite. Most 2014 cases are done, so you should have a chance for that to work. I wrote about expediting on March 30, 2017. Take care, Jason
I do not know, but we saw this in one of our cases from Afghanistan (for the father – the mother is here and won asylum). I do not trust their time estimates, and I do think all these cases are moving more slowly. You might try contacting your Congressional representative for help – there is a link at right to help you find your rep. Good luck, Jason
Hi Jason, first I want to thank you for all what you do…..please do you have an idea of the Arlington office old asylum case which month there are interviewing? cause I applied in Nov. 2014 but no interview yet but the person who asked above he said he applied in 11/2014 and he was interviewed and I just want to make sure I didn’t miss anything…Thank you so much!
They only interview old cases if they have extra time, and they have very little extra time. However, if they do interview old cases, you should be very soon. You might also try to expedite, since there are few 2014 cases remaining to be interviewed, it might be worth a try. I wrote about that on March 30, 2017. Take care, Jason
I wish I could expedite but my wife and kid are with me so that I don’t have any special reason…do you have any suggestion?
You can try to expedite anyway. If there is a medical reason, or a professional reason, or some other reason. It is somewhat arbitrary, but if you have a reason, you can try. Take care, Jason
Hi jason my interview was done on 14th August 2018 and i am still waiting for my result . Do i need to send letter or email to expedite the result or should i wait ??
You can inquire about the status 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). If you have an emergency and need a decision sooner due to that, you can tell them and it may help. Take care, Jason
Hi Jason, Thank you for everything you do
i want to know something i applied for I-589 in 2017 my case is still pending, but my wife came in july 2018,she applied too for asylum she got interview and granted her permanent residency. we want to know she can adjust my status to obtain permanent residency Thanks you
If your wife won asylum and you were married to her at the time she won, she can file an I-730 for you, and you also can get asylum (and then close your own case). I am not sure what you mean about permanent residency, as a person who files for asylum can only become a permanent resident one year after they win their case. Take care, Jason
Hi Jason,
I had my interview around this time last year, and i just received my decision today.
Unfortunatly it was a Notice to appear in front of a immigration judge in chicago on March 2019.
I don’t have no lawyer, i’m about to find one ASAP, my question is to know if that is actually my judgement date or it is just a first hearing, i read some things about first hearing, master hearing.. i don’t know, is that day will be the day the judge will give me an answer either it’s approved or not? Or am i just going there so that i could give me the judgment date? I’m really confused. Thank you for your help.
Hello Jason,
I have an individual hearing on immigration court scheduled for mid-December 2018, and I was renewing my work permit for 3 times.
But my current work permit is expiring in first week of February 2019. Do I have to send a renewal for my work permit now (because it is about 3 months left to expire)? Or wait until the hearing date?(Because if approved, my status changes)
– If my case get denied on this date (I am positive to get approval but still not sure, it is a probability) may I get approval/renewal on my work authorization docs on February? Or they will stop because my immigration court case is denied? Or, I still can go for appeal and in the process I will have right to claim work permit?
Really appreciate what you doing and thank you for your help.
It’s up to you – if you don’t mind spending the money to renew, you can file to renew now. If you prefer to wait to see the result of the court case, then if you win, you get a new EAD based on a different category (a5 – asylum granted), so there is no gap in your ability to work. If you lose, you can apply to renew your current EAD (and appeal the case, as the EAD is only valid if a case is pending) and you will get the automatic 6-month extension, so you should have no gap in employability. Good luck with the case, Jason
It is just the first hearing. Normally, the decision comes at the second hearing. I wrote about this process on March 7, 2018. Take care, Jason
Dear Jason,
First I want to inform you and other interested people that Chicago office started to schedule interviews for cases created in October 2017.
Am I understand correctly that Uscis provides interpreters free for interview according to link below?
https://www.uscis.gov/news/alerts/role-and-use-interpreters-domestic-field-office-interviews
Many thanks
USCIS does not provide interpreters. You have to bring your own. USCIS does provide an interpreter monitor by phone, who makes sure the interpretation is correct. Take care, Jason
Hi jason!
I applied for asylum on may 2017 , my case is pending.
My brother want to visit me in a few months and he has his tourist visa valid , he already visit me last year a few months after I applied but had no ead card yet and he had no issues.
I red an article of you saying that sometimes uscis dont let family members visit in the u.s if you applied for asylum and its really stressed me.
Is that something common?
Is there a chance he can come here and they won’t let him in?!
Btw his married with kids he can prove he doesn’t have any intention to stay.. will they consider that?
This problem is worse for spouses and minor children. Brothers and sisters are usually less likely to be affected. If he has a visa, he can try to enter the US. If they give him a hard time at the airport, maybe he should bring evidence of his intention to return home after his visit, so he can try to convince them to let him in. But hopefully, that will not be needed. Take care, Jason
Hi Mr. Dzubow,
How are you? As I said I was a student in US, applied OPT before. Right now, I am applying working authorization as an asylee. Because it is my first time to apply C8 working card, but I have had applied the working card as a student. I have some questions about the application.
1. In part 1, “1.a. Initial permission to accept employment. ”
It is first time for me to apply Asylum C8 working card, so should I chose initial permission?
2. In part 2, “12. Have you previously filed Form I-765? ”
I applied working card with student status, should I select Yes for this question?
3. In part 2, “Has the Social Security Administration (SSA) ever officially issued a Social Security Card to you?” I had a Social Security Card, but it doesn’t not allow me to work now, should I chose Yes for this question?
4. In part 2, “14.Do you want the SSA to issue you a Social Security card?”
I had a Social Security Card, but it doesn’t not allow me to work now, should I ask a new Social Security card from SSA?
I searched online that the first application for working card as Asylum is free, but renew the card costs. Do I meet the first application or should I pay for it?
Thank you very much.
I cannot answer specific questions about forms, as I do not know your case, sorry. In general, if a person applies for the first c8 work permit, it is not a renewal and they do not pay the fee. I believe the form requires you to list whether you had a previous EAD, regardless of the category. If you need help with this, you might talk to a lawyer to go over the specifics of the case. Take care, Jason
Hi Jason, do you how often Arlington, VA office call interviews after filing asylum application and make their decisions after interview. As I informed usually the process is 2-3 weeks but takes long times.
Could you please share us your last 2-3 months experience hearing around or even from your current clients?
Thank you!
My guess is that they are interviewing about 50% of new cases, but if you look at the most recent data, it seems to be more than that. If a case is not interviewed, it falls into the backlog and then it is anyone’s guess when it will actually be interviewed. Take care, Jason
Hi Jason,
You said they are interviewing 50% of the new cases. What about the other 50% ? What do you mean? Thanks,
50% is a guess; it may be more or less, but all cases are not being interviewed. The remaining cases are going into the backlog. When those cases get interviewed is anyone’s guess. Take care, Jason
Hi jason,
While i am waiting fina approval for security and background check if i want to move to different state, how its work, does it affect the security check time period ?
It should not. You can change your address using form AR-11, available at http://www.uscis.gov. If they need a second interview for some reason, try will do that at the new office, but second interviews are relatively uncommon. Take care, Jason
Hi Jason, again and again thanks for your posts it really keeps the hope in my heart.
I have a question, my attorney wants to reschedule my court hearing -scheduled for November, as he has family/personal reasons – giving that I’m in NY and court is very busy I might have to wait for another year or two. My question is: if I decided to hire another attorney, can I 1- keep my court date or a new attorney will cause the judge to reschedule
2- can I claim my fees back? Since He did not attend the hearing, or represent me but instead rescheduled twice??
Thank you so much
1 – You have a right to use whatever attorney you want. If you switch, you can keep your date. However, time is short and so if that is your plan, you need to find someone very soon. Maybe the old attorney would be willing to cooperate with this and help you find a lawyer and the two lawyers can work to get the case resolved (assuming you can pay for all that). 2 – It depends on the contract. A lawyer can only collect fees once the work is done, and so if all the work is not done, you may be entitled to some money back. One issue is that lawyers (including me) often “front load” the contracts, so that the money is earned fairly early in the process. This depends on the contract, though, so maybe check that. Take care, Jason
Hi Jason,
I have few questions:
1) When do you think I can get interviewed? I apply in Arlington in November 2015.
2) Are EADs renewal being issued easily? How long are they taking to be issued? How soon before the one I have expires should I apply for a renewal?
Thanks in adavance for your answers .
1 – No one knows. I doubt a case from 2015 will be interviewed any time soon, though. You can always try to expedite – I wrote about that on March 30, 2017. 2 – They are being issued. Renewals probably take longer than first-time EADs, maybe 4 to 7 months. You can apply for the new card up to 180 days before the old card expires. Take care, Jason
Hi Jason!
My interview was 14 month ago.
Can I contact the asylum office by phone directly to inquire about my decision? Or it has to be done by writing?
You can try to call, but it is often difficult to reach anyone. You can also email them, write to them or go in person. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
Hi Jason, I have a few questions. Thank you for your respond and advise!
1. I still have valid h1b visa and legal status for next 2 years. I re-enter US 10 weeks ago. Do I apply asylum?
2. If yes, when I apply asylum with my current h1b stutus and do I lost my current 2 years legal status?
3. In your experience do those type of people who has a valid visa stutus for a long time (as me) get problem to get final decision after interview ?
4 if I denial on interview do I stay with my current h1b status for next 2 year or referral the process to court as new changed asylum status ?
1 – If you are inside the US, you can apply. 2 – Asylum would not cause you to lose your H1b status. 3 – I see no difference in decision times for people with a valid status or without, but I probably do not see enough decisions to really notice a difference. 4 – If denied, you would keep whatever time remains of your H1b visa. I wrote about that scenario on February 28, 2018. Take care, Jason
Hi Jason how are you? I have questions. I did my interview 6months ago and I’m still waiting for my final decision I got issued an EAD and all that stuffs but my decision is still pending. I’m a student and one day I got to USCIS to inquire and a lady in the office desk told me it’s pending because I still have a legal status in the USA as a student. Is that make sense? Can they call me for another interview before to give me the decision? Are they waiting for my status expiration to grant me asylum or to deport me? I’m stressing out! Thanks.
I think either the lady does not understand the situation, or you misunderstood her. You can get an interview, good or bad, while you are in lawful status. That happens all the time. But such delays are common for many people, regardless of their current status. You can inquire directly 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
Hello Jason thank you for replying so I’m kinda confused I want to know if this is possible to be scheduled for another interview while I’ve done a first one and waiting for my decision. Thank you
In my experience, maybe 10% of applicants have a second interview. It depends on whether they need more info from you, or if they forgot to ask you something. There is nothing you can do about it, as that is their decision, not yours. Take care, Jason
Hi Jason,
I had my interview on August 20th this year with AO, during the interview i had my son (7 years)in the case then she asked to bring my Son and requested more documents. I did everything 2 days later. The day i had to go for my decision the AO called me and asked me to bring my son with me because they will ask him some questions. I met her she interviewed my son then she told me: i will not give you the decision today i am requesting you to go with your son for fingerprint and photo then i will send your decision by mail around a month. I am still waiting around 2 months no decision.
What i have to do?
Is that good or bad signal?
Whats your advice for me
Thank you
Every asylum applicant, event dependent children, need to be interviewed, so that is normal. Wait times after the interview are unpredictable. You can try contacting the asylum office to inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
my MOTION FOR CHANGE OF VENUE, can you take a look? and thank you.
xxx, xxx
11 sxx street ,#114
xxx,xx 10000
IMMIGRATION COURT
xxx ST., SUITE 1
xx, CA 11111
———————————–)
In the Matters of: )
xxx xxx ) File Nos.: a12345678
In removal proceedings )
———————————–)
Next Hearing is Nov 18, 2018 at 09:00 A.M.
MOTION FOR CHANGE OF VENUE
MOTION
xxx xxx , moves for an order changing venue in this matter to
Immigration Court xxx Street Suite 1 xxx, CA 90000 .
This Motion is based on the facts set forth in the attached Declaration In Support of Change of Venue and on the following legal authority: CCP § 396; CCP § 397.
Based on the foregoing, xxx xxx requests the Court order that venue of this matter be changed to Immigration Court
bbb, Room 111
bb, bb 10000 .
Next Hearing Date is Nov 19, 2018 at 09:00 A.M. at: xxx xx, CA 90000
I admit the allegations in the Notice To Appear and concede removability, But what the asylum office said that I have not established past persecution and future persecution is not fact, I believe I should be grant asylum I have filed a I-589 for asylum, I request to relief from removal because that I would be persecuted or killed if I return to my country.
Because I already move to bb at xx street ,#11
bb, bb 10000 for my life safety, For the convenience of me to appear in court, I want an order to change venue, Thank you very much.
Dated: __________________
Signature
_______________________________
PROOF OF SERVICE
xxx,xxx mailed or delivered a copy of this Motion for Change Of Venue on 10/092018 to the Office of the DHS at xxx Street xxx , CA 0000
Signature
Sorry, I cannot provide advice of this type. If you Google “Immigration Court Practice Manual”, you should find models for how to write a motion. Take care, Jason
Hi Jason.
My interview was about a year ago and still waiting for decision because of background check awaiting.
My EAD is about to expired in 6 month and I am going to apply for renewal. As I paid for last time EAD, and this one is while I’m waiting for their decision, should I pay $410 for the I765 form or it is free for me?
If you are waiting for a decision, you are still an asylum applicant, category c8, and you still have to pay. Take care, Jason
Dear Jason,
I had an expedited interview and my decision was also issued on expedited basis. Now I have filed a I730 form for my family. It’s only two months, but I need to expedite that petition as well. Can you advise me can I expedite my petition on the same basis as before or two months is too early for expediting.
Thanks in advance.
You can try. Contact USCIS by phone and ask about that. You can find the phone number at http://www.uscis.gov. Or make an Info Pass appointment and go in person to ask. There is a link to Info Pass at right. You can also try mailing in the evidence, including the case number and your cover letter. It is not easy to get them to expedite, but there is no harm in trying. Good luck, Jason
Thanks for your kind response . I spoke to my lawyer, and he said the letter may be the notice to surrender my passport. The problem i have now is that i am trying to immigrate to canada by schooling and i am in the process already but i might need the passport in the finalprocess of the student visa.Do you think they will hand it back to me when i have need for it. Kindly advise
We did have a case where the person had a pending asylum case, ICE called him in, and they took his passport. It was non-sensical and cruel, but that is what they did, so I suppose that is a possibility. Take care, Jason
thanks for your response but do you think they will hand it over to me when i request for it to process my student visa to canada
Hopefully – but dealing with them for any issue is quite difficult. Take care, Jason
Mr. Dzubow,
Hello. Thank you for providing such helpful and professional advices. May I ask some help from you too please?
I mailed my Asylum application form in 2016 to San Francisco office when I was a student. Then I graduated, applied the OPT, and my OPT expired. Right now, I back to school as a full-time student, if I apply the Asylum work authorization card and SSN to work, will I lose my legal status immediately no matter I am a full-time student or not? I did not see my family for a long time, dose it mean they cannot visit me in US if I lose my student status? And I heard about the Asylum applicants without legal status are not allowed to work in Government and Not-for-profit organizations etc, I studied accounting, am I allowed to work in CPA firms such as big four with Asylum status?
I tried to find out these answers by myself but failed, so really appreciate your knowledge and effort.
If you apply for an EAD, you do not lose your student status. USCIS might change this, but we have not had a student lose status, and I have not heard about that happening. If your case is denied and you are a student, USCIS may send you to court anyway (in other words, if you lose the case, USCIS may cancel your student status); this is a new policy, and it is not clear yet whether it is working this way. Your family can try to visit you whether or not you have student status. Since you filed for asylum, it may be more difficult for them to get a visa, but this problem is worse for spouses and minor children. Other family members often can still get a visa. As for working, some jobs require that you are a citizen. Otherwise, I have not heard about asylum seekers with an EAD being prevented from working anywhere. Take care, Jason
Good Morning Mr. Dzubow,
Due to many considerations, I decide to stop studying in School and start working from next quarter ( I’d like to finish this quarter’s study at least). Should I inform my school that I stop studying but working here as an Asylum applicant? I feel like the environment now is not welcome people like me, as I see the change started from 2016 to now. Some news said the gov officers advised undocumented people not to take the plane in case the ICE arrest them in the airplane. Some news said the undocumented people cannot seek help from police if some people treat them bad, because others can call ICE to arrest them. I arrived here by myself, with no friends and family here, experienced a lot, which organization I can seek help from to go through with this hopeless period please? Thank you very much!
Sincerely,
Edith
I do not think you are obliged to report to your school that you are seeking asylum. You can if you want. I have not seen asylum seekers being detained at the airport and I think domestic travel is safe. Also, you can go to the police for help if needed. If you are an asylum seeker, you are lawfully present in the US. Hopefully, you have proof of that (your receipt, your EAD if you have that). Also, there are non-profits that help asylum seekers – I did a post with a link to a list of local non-profits. That was on September 22, 2016. Maybe that would help. Take care, Jason
Thank you for your quick reply. Mr. Dzubow.
Do you mean if I have my Fingerprint Notification and the EAD card applied by my Asylum USCIS number, I am lawful to stay here? Or which documents I need to have to prove I am an legal person here. Have a good day.
Best,
Edith
If you have your asylum receipt, that is enough to show you are lawfully here. The EAD is additional evidence of that, but the receipt is enough. Take care, Jason
Thank you very much Mr. Dzubow, hope you have a great weekend.
Hi Jason
I appeared for my interview 21days before the expiration of 6months visa entry period.The A.O said i will not be eligible to be referred to an immigration judge if their decision was intent to deny.That I will only be given an opportunity to explain their reasons after 16days of receiving their feedback from the interview.If my reasons are not convincing enough i will be placed on removal.
Please I wish to know if that is the final legal option available to me or can i appeal in a court of law.
She also raised issues that I did not provide any other evidence to show that my group exist other than the certificate of incorporation of my civil society group and newspaper publications of CSR and meetings held by the group.
Also she said that thd city of birth on my passport differs from the city of birth that is written on my affidavit.
Lastly, because i mentioned that my. aged dad has been visited by ths Government of my home country about my whereabout.that i did not include my dad’s affidavit on my persecution in my home country.
Are this enough reasons to deny as it doesn’t touch on the crux of the matter on my affidavit.
Thank you for your swift response.
I suppose these could be used as reasons to deny, but as you describe them, they are pretty minor. If she sends you a Notice of Intent to Deny letter, you can respond with an explanation and more evidence. If the case goes to court, you can provide more evidence to the judge. Hopefully, you will get a good result. Take care, Jason
Thank you gor your swift response Jason.
Please i need more clarification on the aspect of me not been opportuned to be referred to an immigration judge.because she told me i would be placed on removal if they are not satisfied with my response after 16days .Pls how realistic is this.
Thank you for your time.
I cannot predict that – some times when there is such a letter, the case is still approved. If you are out of status and they want to deny the case, the they send you to a judge. I wrote about these issues on February 21, 2018 and March 7, 2018. Maybe those articles would help. Take care, Jason
Hi JAson, please i had my first hearing at the immigration court in portland on August 2018 and was told by the judge that my hearing will be in 2021. Few weeks later i received a call that i had a return letter from the immigration office. They said the letter was returned to the immigration office and i was asked to come pickit up in person at the macadam office in room 206. I am really scared as i understand that place is a detention centre. Can i just go and pick my letter in good faith?
It is not so common for ICE to detain people with pending court cases. They can, but normally that is for people who commit crimes or who are a security risk. If you think that is you (or if you just want to be cautious), talk to a lawyer about the specifics of the case and maybe the lawyer can advise you. Take care, Jason
Hi Jason
I had my interview on August in Chicago the interview was good (I guess) the officer didn’t say anything the interview take 3 hours I think after the interview but he gave me a peapar with number inside it
And he said they will answer me by the mail I gave him my Health report the original one
Until now there is now answers I called them 3 times but they said still pending the last time I cAlled them was today but still nuth ,
What should I do I heard the answers may take one year , iam from Iraq
And I know they should do more security because iam Muslim ,but iam so confessed
My attorney said they could answers me these days so pls tell me what you think about the answers for people from Iraq and what is the period time they could take
Thank you very match for your time
We often see long delays for people (especially men) from Muslim countries. There is a not a lot you can do. Make inquiries once in a while, if you feel it is too long, maybe consider a mandamus lawsuit. We wrote about that in this blog on October 2, 2018. Take care, Jason