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
Can asylum seeker schedules USCIS infopass apointment to check asylum pending case at one of USCIS field offices?Thank you.
At some point, you will be able to do that, but now you cannot. You have to go to/contact the asylum office directly. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason
I talked with a lawyer but I got different answer. That’s why I asked you. He said that if you apply asylum in florida, you can adjust your status but you can not do that in new York. What do you think about that?
Please see the previous reply. Take care, Jason
1. I’ve changed my address(asylum arlington) pnline and got the receipt(email) and it says that they will respond till december 18….today is the 26th…I’m changing address from Virginia to Massachusetts. Should i wait more and then email them or should i do it now?
2. If i do EB GC interview abroad(I didn’t maintain lawful status) will an AP let me obtain GC while entering to U.S.?(if i got approved at the interview)As i know the issue is u can face 3-10 year bar, but if u have an AP they will let u in, but will u get a GC stamp or u need to enter somehow different?
1 – You might want to contact Arlington to see whether they moved the case or Boston to see whether they received it. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). 2 – I do not think AP will solve a 3/10 year bar problem. I wrote about getting the GC overseas on September 6, 2018, but you would need to talk to a lawyer about the specifics of the case, especially if your plan involves leaving the US. Take care, Jason
Hi Jason
Just a quick question if you don’t mind, I’m on bending asylum for almost two years now, I’m thinking to file a writ of mandamus, do you advice?how much it costs all together between the court cost and your fees ? And how long the process takes till we get an answer?thanks in advance
I doubt a mandamus would work for a case that is stuck in the backlog. I do not do mandamus cases, so you would have to talk to a lawyer who does such cases, but mandamus would be more effective for people who have been interviewed already and are awaiting a decision. If you have not yet been interviewed, the better choice might be to try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi. Jason. I am pending asylum applicant. If I found a sponsor for eb2 gc. Can I apply to ead after i-140 approval and apply gc. I mean that I am at c8 category , can I apply with different category. 2. Question can I apply for advance parole as well? 3. Can I adjust my status here? 4.
1 – Your employer can file an I-140, but whether you can actually get a GC without leaving the country, I do not know. I wrote about this issue on August 28, 2018. You need to make sure you can get the GC before you start the process, as there is no point in paying for an I-140 if you can’t get the GC. 2 – You can apply for AP based on the pending asylum case – I wrote about that on September 11, 2017, though since then, the process has gotten harder. 3 – Most people who only have asylum pending and no other status must leave the US to get the GC, and this may or may not be possible depending on the case. You should talk to a lawyer about this to make sure you can do it. Take care, Jason
I talked with a lawyer but I got different answer. That’s why I asked you. He said that if you apply asylum in florida, you can adjust your status but you can not do that in new York. What do you think about that?
Immigration law is federal, so it would make no difference if the case was in FL or NY. I do not what that lawyer means. Take care, Jason
Hi Jason,thank you for all your valuable advices.I am on pending asylum and I believe I lost my interview notice letter from USCIS.How can I find out about it?Can I check it online through case status by typing my reciept number?When I look through online I only see about my EAD card delivered update and not anything about interview notice.Does online case status usually show about your asylum pending interview notice?Thank you! I filed my asylum back in 2016 Dec at chicago office.Thank you and Merry Christmas!
Hi Majok. I am not Jason but how do you know that you lost your interview notice? What makes you think that they sent you one? People that applied in 2016 are still waiting to be called for their interviews. Please explain. Thanks.
I am just guessing,and also one of my friend got an interview notice to be interviewed on 2019 jan (he applied in 2018) at small local uscis office.As we came from same country and now live near by the same local uscis I think may be they(uscis)might call me as well even though I applied back in 2016.Just my thoughts.Do you think they schedule people randomly expecially if you live close by one of their service centre?
Oops – I misunderstood the question. Make sure your address is updated with the asylum office using form AR-11, available http://www.uscis.gov. Also, if you are worried about the interview, contact the asylum office to ask about that. Take care, Jason
Majok, They have been calling people by LI-FO ( Last In- First Out) since January 2018, that is why your friend got called for his interview before you. You just have to wait your turn which might unfortunately not be anytime soon. Let’s just hope that things start moving faster. Thanks,
Hi , I am not Jason , I am writing to so you can guess what’s happening at Chicago office. I have applied in 2015 in Chicago office . I have changed the address 2 times mean while though I have an attorney as well. I was in same situation assuming that I may lost my interview letter. But my attorney told me that either if I lose the letter my attorney will get the copy at his office. I have checked personally at uscis office by visiting (because they don’t answer on phone or email) uscis officer told me that I may be called soon but when have no idea.and my lawyer told me that they have no pattern to be ought out for interviews. Best of luck.
Thanks
Thank you SYD.When you say (no pattern to be ought out for interviews)do you mean they don’t schedule people randomly based on where they live or where they came correct?
Yes that’s right, as Jason has mentioned as well that each office have its practice and startegy . They are working on LIFO (last in first out) mean while from backlog they are interviewing people with different time frame. They some how have pending interview for people who filed in 2014 where as they have interviewed some from 2016 . With that what I believe there is no pattern.
Thanks
Thank you so much SYD.Just one last question.When USCIS send you your interview notice does it show up on online (case status check)? just like when they send your EAD card, it show up on (case status) saying (your ead card was sent on (mm/dd/yy)) like that.
If you have your biometric notice and your EAD, you should be fine. You can contact the asylum office and maybe they can give you a letter indicating that the case is still pending. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). As for checking online, supposedly that is coming very soon, but so far, you cannot check the case status of an asylum case online. Take care, Jason
Hi jason ,
My interview was done in august and i am waiting for my result , i called asylum office anahiem on 13 december they said that my decision is done and i will get by 2-3 weeks , Now my question is
1- As i had already applied for work permit on 26th november this year does it effect the result??
2- How long does it take to get the result as over the call he said that decision is made?
3 – I am unable to check the status online with recieot number does it mean that my case might not be approved ??
1 – No. 2 – I do not know. You cannot really rely on the statements they make about time frames, but hopefully it will arrive soon. 3 – You cannot, but sometimes, you will see a notice that an EAD is being produced and that can be a clue that asylum was granted. Other people on this website know more about that than me, though. Take care, Jason
Jason, I have applied to renew my EAD before it expires in 1.5 months from now.
Probably it will not arrive early enough for me to continue with my job.
It takes a certain time to get processed and for it to reach you even after it is issued.
Is there any way to ask for a copy of the new EAD once it is issued so that I will not have interruption in my job?
Thank you!
Once you get the receipt, the old EAD will be extended by 180 days – If the receipt does not say this, I did a posting on January 18, 2018 with links to the law (at the very bottom of the article). As for getting the card, you have to wait for the mail. Take care, Jason
Wow. I didnt know that.
Thanks a lot for the information.
Hey Jason my asylum was denied beacause if lack of matching evidence which I admit I said some things that contradicted my story is it possible for my lawyer to back that up since am now on a removal proceeding. My question is can I still make it out safe with a good backing from a layer . Second question is I have a social security now, can I go to school because that was my purpose of my Visa and if yes can I still be removed even if am a student?. I will be glad to have your response
Hello Jason,
I read that an asylee with pending status can travel outside the US using a travel document(excluding the country they are from). It also said that upon returning from their trip the border officer can choose not to let them through.
That said, What are the conditions for the border officer to deny entrance?(is it based on their personal feelings or is it based on set guidelines?)
P.S. I need to travel to India for a medical procedure and I am from Ethiopia, if this information helps.
Thank you in Advance
The document is called Advance Parole. I wrote about it on September 11, 2017. Since I wrote that, it has become more difficult to get, but it is still possible. If you have AP and it is still valid, you should be able to return. I have never heard of anyone being refused entry. Anyone can be detained at the border, but generally, that is for criminals and terrorists (and asylum seekers who are just arriving). Take care, Jason
Hi, I have quick question. I am on pending asylum and invested in businesses. Can I change the status to E2 . Or Incase if I get denied can I have any option to change the status.
Firstly good luck. As I know , if you are on pending asylum, you can’t get approval for non immigrant Visa. You need to get immigration Visa such as employment base, marriage , dv lottery, etc.
I do not understand the question – Are you already on an E2? What investor visa? Generally, to change status, you have to be in lawful status (and asylum pending does not count). I wrote about that on August 28, 2018. Take care, Jason
Hi Jason thank you for your kindness and help
I filed the ead application yesterday and I send it so I have some questions
1-first my interview was in Chicago office on 22 August but they didn’t answer me yet do you have any anformation from there because after the interview they told we will send the descion after 1 month but they did not now it’s been 3months I sent inquire for them but the send me it’s still pending I called them too but they had the same answer so what do you think about the descision there ¿
2- how many days could take the process for the ead and how many days they need to send me the receipt and after that how many days they need to send the card to me
1 – It is very common for there to be delays with the decision (if you are talking about the asylum case). There is little you can do about it, aside from making inquiries. If there is no decision and you want to file a mandamus, you could consider that option – we wrote about that on October 2, 2018. 2 – Usually, you get the receipt in less than a month. Processing times are not so predictable. First time EADs take maybe 1 to 3 months. Renewals can take 6 to 8 months, but sometimes they are faster (or slower). Take care, Jason
Hi jason you help me lot since 2016
Finally i grant my asylum in 2017 now i apply for adjastesmant of statute
My question is :
1..Is there other interview for green card?
2..After i apply for adjastesmant of statute how many time it take for i receive green card
Thanks
1 – Usually not. 2 – You can check the processing time at http://www.uscis.gov, but I think it is about a year for people who had asylum. Take care, Jason
Dear Midi,
which month in 2017 did you get asylum? because you have to wait for one year complete before you apply adjustment of statute(green card).
Thank you so much foe your efforts. Please do keep it up. I applied for asylum on May 2017. I got a two years working permits which will expire on August 2019. I have not yet had an i terview date. My lawyer applied for expedited interview still to no avail. What would you advice me to do right now.
It is difficult to get an expedited interview, but if they have not responded to your request, you can contact them and make an inquiry. Also, I wrote about expending on March 30, 2017 – maybe that would help. Take care, Jason
Hi Jason,
I applied for asylum in Jan 2016. After a year I met a woman and fell in love. We got married but it’s been disaster. First 3 months I filed for divorce but we managed to hold it off and continued. Now I really can’t go on with this marriage and want to cancel the i130 application. We haven’t been living together for the last 4 to 5 months. After she applied we fought and I moved out. She doesn’t want to divorce or pull out the application. I don’t want to have a green card under her. What can I do?
Can I still continue with my asylum case? And I’m in school graduating in December. Is it necessary to renew my firm i20?
Thanks in advance Jason
She filed the I-130 for you, and so she can choose not to withdraw that, but you have to file the I-485 (application for GC) and you can choose to withdraw that. Also, if you are divorced or if you refuse to attend an interview, the I-130 will be denied. If you go to the I-130 interview and tell them that the marriage is done, make sure that they have evidence of the pending asylum case, as they might detain you if they think you have no other status. As for the I-20, that is up to you – you would have to ask the school about eligibility to renew, as I do not know, but if you have your work permit based on asylum, you might be able to attend school with that. Take care, Jason
Can I file the I-485 (application for GC) on my own?
You mean without a lawyer? If so, you can. It is not so difficult, but you have to be careful. I wrote about that on November 13, 2017. Take care, Jason
Thanks for your response. When she applied, we included the form I-485. What’s the option to take?
If the I-130 is denied or withdrawn, the I-485 will automatically be denied. If you want, I guess you can contact USCIS and ask to withdraw the I-485 – that is filed by you and so you can withdraw it. Take care, Jason
I am Green card Holder and have unconditional green card. I already divorced my US citizen spouse and want to marry with my girl friend which came US with her kids (under 16-years age) on tourist Visa. My questions are:
(1): When I can marry with my girl friend. some people suggest after 90 days of her arrival in US port of entry? Please advise
(2): She and her kids can get green card after marriage with me? What is timeline? What will be process? Please guide.
(3): Can I apply I-130 for her including her kids after marriage? How I can adjust her status from B2 to immigrant? so she can stay US with her kids. What is timeline
(4): She also applied asylum and pending asylum status. Will any effect on her asylum application after marriage with me?
1 – She could be accused of fraud if she marries you less than 60 days after arriving, and if the intention is for her to apply for a GC. A new rule would change that to 90 days, but I am not sure whether that is yet in effect. Even so, 90 days is safer than 60. 2 – I do not know; there is a long wait for people who marry GC holders – maybe almost 2 years (Google “DOS visa bulletin” for the wait time) and she and the kids would need to remain legal the whole time. Consult a lawyer about how to approach this. 3 -see #2. 4 – I wrote about this issue on August 28, 2018. Take care, Jason
Hello Jason,
Hope you are doing well. I was granted asylum in this year. While asylum was pending i met some people who are in same path, i came to know few people’s story is false, i didnt think much about that time, Later after granted my asylum i came to know some known person is planning to apply asylum to stay in usa, with key points from my story even they dont have issues in home country.
1. Do i get any problem in future?
2. With same story points does officer can know it(its same location)?
3. I have real problems, because of others fraud, is there chance to revoke my case?
4. How do i takecare about this?
Greatful for help.
Thanks
1 – If the story is too close of a match to yours (using similar names and dates), it might get connected with you, which potentially could be bad. 2 – Maybe. 3 – If the US government thinks that you were involved in the fraud, then it could cause them to try to terminate your asylum status. 4 – I am not sure. You might get a lawyer to write a certified letter to the person, and list these issues, and then inform them that they are endangering you by stealing your case details. At least this will document the problem. You might also consider a civil lawsuit against the person, though I am not sure whether there is any basis – maybe an injunction to stop them from using your information? Whether it is wise to report the person to DHS, I am not sure, as that might cause problems for you. You might consult with a lawyer to go over the details of the situation and decide what to do. Take care, Jason
Hi Jason,
Does civil lawsuit will “look bad” in the eyes of the system if you have an application pending or if you are already in court?
Let me explain. I went for a laser hair removal and the person was not supposed to get near my tattoo because is very dangerous and burns. She did it anyways. Besides the pain and the stress, part of my tattoo is gone. I think they are responsible for the damage and I do not know what to do. If I sue them will look bad on my case?
Thank you
Ps: ended up going to my Dr. because was so painful and I was worried to get an infection.
Whether you have a case against them or not, I do not know. However, such a case should have no effect on an asylum case (unless maybe you commit perjury or fraud or something like that). Take care, Jason
Hello Jason
Is there any hope for asylum pending cases early 2015 in Arlington office?
Maybe, they are following LIFO, but if they have extra time, they are doing old cases. We just had an interview for a case filed in December 2014. Also, you can always try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi jason, thank you for your great job. I have a pending case for final decision and im about to apply for EAD my question: do i have to submit passport photos? For me an my son( dependant).
Thank you
You need to submit a complete EAD application for you, and a complete EAD application for your son. That includes 2 passport photos. Everything you need is listed in the instructions for the I-765, available at http://www.uscis.gov. Take care, Jason
Hello Jason. I filed for asylum on March 2017 and got my Employment Authorization Card on September 2017. It expires on September 2019.
1. How many months in advance should I apply for renewal?
2. Is it possible that if I file for EAD Card renewal, they will call me for the interview right away?
Thanks,
Paul
1 – You can renew up to 180 days before the old card expires. 2 – The EAD renewal and the asylum interview are not related, at least as far as I can tell. Take care, Jason
Dear Jason,
We are asylum granted. My husband filed the I730 form. He went to Nebraska service center in order to get an info pass and try to expedite the decision but they said that their building is closed for everyone. So if we want to expedite the I730 application which office do we write to. Can we write to our Chicago office or it has to be the Nebraska office?
It is very difficult to expedite such cases, but you would send a letter with evidence to whatever office now has the case (it should be on the receipt). Make sure to include a copy of the receipt and the receipt and alien numbers. Take care, Jason
Hey Jason,
Thanks for your amazing service here.
Current administration is planning to introduce Green Card or Citizenship denials for those who have received some sort of cash assistance or food stamps.
I am going thru asylum process and my kids received food stamps in the past. Since I don’t have legal status, I was denied the right to apply for food stamps.
Do you think my kids receiving food stamps can affect my case if this law gets approved?
Thank you.
It should have no effect. I wrote about that on September 24, 2018. Take care, Jason
Hello All.
Did anyone recently received their asylum decision from the Chicago Asylum Office? It seems everyone is waiting for decision.
Yea my bro i had my interview there on 22 augest but they didnt answer mt yet
I have same situation. interviewed 28 February. Still no decision from Chicago office
Hello Jason.
I have couple questions:
1) how do u apply for EAD cards? Do u send all arrests or if i haven’t been arrested in the US, i dont have to?
2)a lot of Immigration attorney prefer doing interviews by Phone or Skype, instead of meating person,why?and how do u feel about it?
3) I’m from Boston and looking for attorney who can look into my case and tell me if I can go through EB GC process(while w8ing for asylum), do u guys take care of such cases? If yes how much will it be and how do u consuct the interview?
1 – It includes all arrests anywhere in the world and you have to send evidence of those, or provide an explanation about why you do not have the evidence. 2 – I prefer in person. I do not know why people prefer phone or Skype. 3 – Unless you have some other status (besides asylum pending), you are probably not eligible for a GC based on employment unless you leave the US and re-enter. Whether this is possible, I do not know. I wrote about this issue on August 28, 2018. We only do EB1 and EB2 cases. If you need a consult, we charge $100 for in person and $200 by phone. You can email me and I can send you the details. Take care, Jason
1. So i have to send every single document for my arrests in my country? Why? Such a complication, they already have that info….does it affect EAD, if i was arrested in my country before(not for criminal)? Is any difference between arrest and detention?
3. I haven’t maintained a legal status, but i applied for my asylum before 1 year after arrival and less than 9 months after expiration. Also i came on J1 visa and my DS and my i94 says d/s. Which i know that j1 doesn’t accure unlawfull presence right away unless judge or imm.officer said so. I’m okay with living country for councelar processing, but i also want to come back if something went wrong….it’s hard to find a good lawyer who can look into it and tell you the truth before charging u couple grand….also i have a wife who was here for over a year with no status. If I’ll be able to get GC through EB, will she be able to get one to?
1 – I agree that it is stupid, but that seems to be what they want. If you do not send them sufficient info, they could deny the EAD, I suppose. You can check the I-765 instructions, which seem to be unclear about whether political arrests, for example, need to be included. 3 – I have no idea whether you are eligible, but if you get the GC based on employment, and your wife is eligible to adjust status or consular process, she can do that and get her own GC. Take care, Jason
Dear Mr. Dzubow,
Could you please tell me where to file/send the completed I-765 form? I was not be able to find the exact address.
I’m a pending asylum applicant.
My case is being processed in Arlington Asylum office. It’s been 3 months since I had my interview. I’m still waiting for a decision.
Thank you!
Sorry, I cannot give specific advice about such things. If you check the Direct Mailing Addresses page of the I-765 website (available at http://www.uscis.govhttp://www.uscis.gov), you should find your category for the EAD and the mailing address. Take care, Jason
Good day dear Jason,
My spouse was grant asylum almost one year, since January 2017. She already have US Refugee Travel Document and plan to travel outside America for two weeks but not in the country of asylum claim. She also prepare to fill the application I-485 in January 2019. While reading the instruction, here is what we saw:
Green Card for Asylees.
U.S. immigration law allows asylees to apply for lawful permanent resident (LPR) status after they have been physically present in the U.S. for at least one year since being granted asylum.
Here are my questions:
1) Do you think she will be ineligible because of leaving American for two weeks? they said you should be PHYSICALLY PRESENT in the US for at least one year since being granted asylum.
2) Does only her clock stop for two weeks then resumes after she returns back? or clock will start from zero again.
3) Do you think she need another written parole to leave and return or the US refugee travel document is already the parole.
1 – She should still be eligible, but she might want to wait an extra couple weeks to make sure she has the fill one year of physical presence. We have had people travel and still apply after one year, but it is best to be cautious and make sure she has a full year of time in the US. 2 – I do not know that USCIS considers a 2-week trip to affect the one-year period, but at most, the clock stops and re-starts; you do not have to start the one year wait again. 3 – The valid RTD should be enough to travel and return. Take care, Jason
Hi Jason,I am on pending asylum,I changed my address online by filling out Ar-11 only with A number.When they asked( Is this change of address for an application or petition currently in progress?) I select (NO).Now I see that I need to select (Yes) and changed with my uscis reciept number.
Should I fill out the online Ar-11 again and fill out the same old and new address agian?Can I fill out Ar-11 for the same old and new address twice?
Please leave me message when you have time.Thank you!
I would try to complete another form AR-11. Unless you include the receipt number, the address will not be changed for that application, and you will not receive mail from USCIS. Take care, Jason
Hey Jason my asylum was denied beacause if lack of matching evidence which I admit I said some things that contradicted my story is it possible for my lawyer to back that up since am now on a removal proceeding. My question is can I still make it out safe with a good backing from a layer . Second question is I have a social security now, can I go to school because that was my purpose of my Visa and if yes can I still be removed even if am a student?. I will be glad to have your response
The lawyer can help you get evidence and try to explain these mistakes. As for school, if you have a work permit, most universities will allow you to attend. You have to check with the particular school to be sure. Take care, Jason
Hello Jason,
The question 4 under part C of the I589 says “After you left the country where you were harmed or fear harm, did you return to that country”. The timeframe of the question is not clear. After I left my country in 2014, I never returned. However, before my departure “escape”, I travelled out of my country and returned to my country. So what is this question is about exactly? Is it about anytime in your life you left your country and retuned or they mean after you fled persecution?
Who knows? We usually state that the person left and returned, but did not return after the person become fearful of harm. I do not think anyone pays much attention to that question, and different lawyer respond differently, but I think the most cautious approach is the way we try to do it. Take care, Jason
Hi jason , thank for your time and help.
I am about to apply for EAD for me and my 10 years old. Do i fill out his I-765 with his name all his information ? In the SIGNATURE section do i put my name or his name?
2- when i had my interview i was single, now im married in my I765 for can i put my new marital status (married)? what you recommend?
Can i submit my marriage certificate?
Thank you!!
1 – For a child to get an EAD, you must complete the application in his name. He can sign or you can sign for him and put your initials next to his signature. 2 – You should put your current marital status. You will have to update the asylum case at the interview. I guess you can submit a copy of the marriage certificate; I do not know whether they would need that, but there is probably no harm in submitting it. Take care, Jason
I just got married after the interview. Is that an issue?
If you want your spouse to get asylum if you win, you should probably send the marriage certificate and an updated I-589 to the asylum officer with a letter explaining that you are now married. If your spouse does not need asylum, then this is probably not so important, but it probably would not hurt to inform the asylum office anyway. Take care, Jason
Ok, i went to the office they told i can’t add my wife while my case is still pending for final decision. I am about to apply for EAD can i write a letter notifying my change of marital status?
I would still tell them and submit the marriage certificate, a copy of her passport and birth certificate, and an update I-589 with a letter explaining that you are married. Then, if you win, you should be able to file an I-730 for her so she can get her asylum too. As for the EAD, you just have to file the form and submit the requested documents and fees (from the I-765 instructions). I think the form asks for marital status, so you can state your status and include a letter or the marriage certificate if you want. Take care, Jason
Hello jason! thanks for everything you do. I would like to know if it’s possible to send video evidence to uscis in a pen drive or cd. Is this possible or do they only accept paper evidence?
Thank you for your valuable time.
We normally submit a few screen shots, a transcript of the evidence, and a translation of the transcript, if the video is not in English. Then, you can bring the video evidence to the interview (I think they prefer a CD to a thumb drive, but I am not sure). Alternatively, I suppose you can submit the video evidence with the case, but I do not know whether they will look at it. Take care, Jason
Hi Jason
Your blog has been informative and educational. thank you very much for that.
I have one question for you today.
Do you have any idea if it is possible to get financial loan for graduate program for a foreign national granted “Withholding of Removal”?
I read on the website that “Withholding of Removal” status by itself is insufficient to make a student eligible for FSA(federal student aid) funds.
I am granted “Withholding of Removal” but I have appealed to BIA.
Thank you
If you have an appeal pending, your status is still probably asylum pending, since the case is not yet finalized. If you end up with WOR, that is a deportation order that is “withheld” as to your home country. Whether you can get student aid for either status, I do not know, as there are many types of aid available and different criteria apply. Usually, the school has someone to help with this. Take care, Jason
Dear Jason,
You are doing well and we all are thankful to you for kind advises and quick answers.
Jason we want to switch our case to you here is a brief details of our case:
We have applied for asylum in 01/29/2018 we lived in saint Louis Missouri and we had our interview on 04/11/2018. So far we didn’t received our decision for asylum. Me and my wife are included in our application. I have just my daughter she is born here on 11/26/2018. I have one step daughter which is paksitan we tried to applied her visit visa this year from paksitan but they denied her visa. We want to switch our case to you and want to expedite our case or please advise how we can bring our daughter here from paksitan she is 10 years old and there is now no one who can look after her. I have asked my Laywer here so many times about this but he Always emphasizes that we should sit quietly and wait for our asylum decision.
Kindly please advise on above we both husband and wife are quite under stress.
Unfortunately, I know of no way to expedite a decision in a situation like this. If there is a danger or health problem for her, you can inform the asylum office and ask for an expedited decision, but that is not likely to work. I wrote about expediting case on March 30, 2017, and it is basically the same principle. Assuming she is legally your stepdaughter, she can come to the US if you win the case. That process probably takes about a year. Otherwise, she can try to come to the US as anyone else – on a tourist or student visa, for example, but this is particularly difficult given that her parents have a pending asylum case. I would at least contact the asylum office and 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). If that does not work, you might think about a mandamus lawsuit. Take care, Jason
Hi Jason,
I came USA in December last year with my wife and son and applied for asylum in June 2018. We had an interview in August 2018 and now my asylum is granted and we will get green card in August 2019.
I didn’t involved my wife and son in the case to show any risk of persecution in my country. No attack on them, no threats, no risk. Whole case was based on me.
I want to know that after getting green card, can my wife and son visit their home country without any risk of re-entering the USA. And will this trip affect their chances of getting citizenship in future.
Thanks.
Gurpreet Singh
Lucky you Gurpreet. May wahguru bless you forever.
There is no mathematical answer to questions like this. Given the situation you describe, it is probable that they could visit the home country without immigration problem, but there is no way to guarantee that. If they decide to go, they should be prepared to explain why they went and how they stayed safe, or that they were not in danger despite the danger to you. They could be asked about this when they return, or when they apply for citizenship. Take care, Jason
Dear Gurpreet,
I think after you have been granted asylum, from date you start counting one year to apply for green card. If your asylum was granted in August 2018 then you will wait August 2019 to apply for green card, then check the processing time for your office. Green card is not automatically issued, you may not be aware of that.
Dear Jason
I thank you for all that you do to ensure asylee are well updated on all that we need to know.
I had my interview with my family second week in october this year and i’m yet to receive a decision.
My major concern now is that i’m unable to track my case/ead using the case tracker app.
Anytime i imput the receipt number its says its invalid,but i observed that the 3 digits that represent the computer workday is 000.Could this be the reason why its invalid..
Please how do I track my case when my receiptno is invalid.or could this be an error from the uscis office?
Kindly shed more light on this pls.
You cannot track an asylum case online, though supposedly this will be changing soon. You can email them and make an inquiry. 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
Dear Jason
Hope you are doing well.
I submit EAD for my wife & we got it only for 01 yr & as fas as I know that EAD start to be 2 yrs.
Would you plz advise is this correct or wrong?
Thanks
Mike
It should be 2 years, but maybe USCIS has made a change. I have not heard about that, but you are the second person to post here and indicate that your EAD was valid for only one year. We will have to keep an eye on this. Take care, Jason
I will come Virginia VA of B2 Visa by next year with my family (Wife, Son and daughter). My son is 6yrs old, daughter 1year old. My asylum case related to past threats from political party of my country and I cannot go back my home country. Currently I am working outside my Home country.
Few important questions I have:
• Do I need any document evidence to back up my asylum? What kind of documents needed?
• What are the chances of success to get asylum?
• How long it will take for the asylum application to be approved.
• Can I start a job after submitting asylum application? What is procedure
• My son is 6 years old. Can he enroll in virgina public school? I cannot afford school fee. After submitting asylum application, when my son can go US public school?
• With your experience currently how long it takes for the first interview meeting with asylum officer.
• With your experience currently after how many days, or months, or years it takes for the first asylum court hearing.
• What is the total cost for the asylum case if I hire attorney?
• How much does the court hearing cost?
I have a friend with same situation. If you work outside to your country. Ucsis will ask you why you don’t apply your asylum application there . Probably just this reason cause denial your case. All others are not predictable. You may get interview in 3 weeks or you might be at backlog. Backlog means just wait. You can expedite if you have very important reason. My recommendation is that choose Canada instead of US. By the Canada also inquiry about 3rd country.
1 – Anything you say, you should have documents about that, if possible: Political activity, detentions, harm. 2 – This seems like a legitimate case, but most of the events are quire old. Can you show that you still face a threat today? 3 – There is no way to predict. The fastest is about 3 or months, but some cases take many months or years. 4 – If there is no decision 150 days after you file for asylum, you can file for a work permit (it takes another few months to get that). If you work unlawfully, it does not affect the asylum case, though it could affect other immigration applications. 5 – He can attend public school. 6 – see #3. 7 – see #3. 8 – It depends on the attorney. Our fee is normally $4,000 for the affirmative asylum case. 9 – It depends on the lawyer. We change $5,000 or $6,000, but if we did the affirmative case, it is less. Take care, Jason
Hello Jason.
I applied the asylum in 2015, but I failed with the immigration interview.
I have a individual hearing on 04/15/2019, I got married with the greed card holder in 2017.
Is it possible that my husband can file the 1-130 for me? Since I asked some lawyers, some of them said my husband has to be the us citizen then he can help me apply the green card.
Would you lease clarify this with me?
Thanks
Lucy
In order for you to get your GC in the US, he would need to be a citizen, or you would need to meet one of the rare exceptions. I wrote about this on August 28, 2018 – that most might help. Some judges will let you delay the hearing until your husband is a US citizen, but that is harder to do these days. You should have a lawyer help you with this, as you may be able to get the GC or delay the case. Take care, Jason
Hi jason
My EAD is going to expire on 04/25/2019. Can I send application for renewal now, as nearly 150 days are left. I asked to my lawyer, he said we cannot apply more than 90 days ago, but someone told me that we can send renewal application within 180 days.
Please guide me.
Thank you
You can renew up to 180 days in advance. Take care, Jason
Hello Jason, do you think Charismas holidays might affect processing time for asylum case. We are going to file next week in San Francisco and normally people here get interview within 60 days here but I’m concerned about Christmas and that some cases might be delayed or end up in the backlog. I was thinking that I can wait and file in January when everyone goes back to work. What do you think?
I really don’t know. Things do tend to slow down, especially during the second half of December. But whether that would affect a case filed now, when the interview would probably be well after the holidays, I do not know. Take care, Jason
Hi, last year my interview was scheduled for 26 December,2017
Hi every one hi Jason
I would like first to think you for your help for every one here
I wrote here for asking about the descision because I had my interview on a August in Chicago but they didn’t answer me yet I called then 3 times and I sent inquire for them they sent me still pending and I told them I didn’t do the fingerprint because the system was broken after and before the interview but they didn’t answer me about that either
I called them again last week they said if we need you about that we will reach you by the way I from muslimes countries so what do you think
Maybe people from Muslim countries, especially men, tend to wait longer. We have seen people wait months and some are waiting for years. There is not a lot you can do about that (maybe a mandamus lawsuit, but it is probably too soon for that). Give them a couple months and make another inquiry if there is no decision. Hopefully, you will get a good answer soon. Take care, Jason
Jason,
I come from a 3rd world country and have been to European Union before coming to the US.
Now I am planning to seek asylum due to being prosecuted in my home country.
Will the fact of me being in the European Union affect my asylum case here in the US?
Thank you!
November 28, 2018
P.s.
Can asylum officials deny my case and tell me that I should have sought asylum in European Union and deport me?
If the asylum office thinks you are “firmly resettle” in a third country, you are barred from asylum. If you had no status in Europe, or a temporary status that ended, you are not barred. They may want you to explain why you did not seek asylum in Europe but instead came to the US. We have had many cases like that, and I do not think spending time in Europe has blocked any of our clients from asylum in the US, so it should still be possible to win. Take care, Jason
Awesome.
Many thanks.
Please can you share information about I-730 form processing times. Did anyone file and got approved. Please share your timelines. Our interview and the decision were issued on expedited basis due to humanitarian reasons. Can we use the same reason to expedite this form as well? How long is the estimate wait time for this form?
Thanks in advance.
You can ask to expedite, but it is difficult to do that. I think the processing time for the I-730 is about 8 months, and then a few more months at the embassy. Take care, Jason
Hi jason!
My asylum is pending and my daughter who is under 21 is in my home country and has no visa. She is unmarried but has a child. If my asylum is granted and I can petition for my daughter, is there a way she can bring her child with her?
Thank you very much!
P.s.
Can asylum officials deny my case and tell me that I should have sought asylum in European Union and deport me?
***SORRY IGNORE THIS MESSAGE***
I do not know, sorry. I have not dealt with that issue. If the I-730 instructions don’t talk about this (and I think they don’t), you may need a lawyer to research the question for you. Take care, Jason
Hi, thank you for your good jod. I have question:
My asylum case still pending and i am about to apply for EAD and SSN, i have my 8 years old son who has my dependant.
Do i have to apply EAD for both of us separately or in one application? Do my son needs EAD to get SSN?
If you apply for your son, he needs a completely separate packet from you, including the form I-765 and supporting documents. You can mail both applications together, but his and yours will likely be processed separately and so each packet should be complete. Take care, Jason
What do you mean about supporting documents?
All the documents required when you submit the form. You can see that if you check the instructions for the I-765, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
USCIS has rejected the application I had made for my son’s EAD renewal. My son is under 18 and the rejection reason is that no filing fee was submitted. I am wondering the fee is required even for children? Thanks.
To renew the EAD, you have to pay the fee or get a fee waiver (form I-912, available at http://www.uscis.gov). Unless the child needs the EAD, you do not need to renew it. Take care, Jason
Hi jason. I applied for asylum in march 2016 and still waiting for interview.. do u have any idea how long i have to wait more for interveiw. Thank you
Since the LIFO system was implemented, no one can tell you when the interview might be. Most offices will not be interviewing 2016 cases any time soon. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
Many thanks for your help!
My asylum case was referred to IC after 4.5 years of being pending due to background checking and in the end; AO raised the following points as reasons for the referral to the court.
You have not established that you are a refugee because:
Past Persecution:
You have not established that any harm you experienced in the past on account of one of the protected characteristics in the refugee definition (race, religion, nationality, membership in particular social group or political opinion).
Future Persecution:
You have not established that any future harm you fear is on account of one of the protected characteristics in the refugee definition (race, religion, nationality, membership in particular social group or political opinion).
As I have to face my individual hearing, I really need your advices on below points.
1) Will the above mentioned points be raised in my individual hearing by the judge or
fed prosecutor? And do I need to prepare these points?
2) What does it mean “You have not established that you are a refugee”. How to
prepare this point for my individual hearing?
3) Also please advise, what will be the role of my attorney in this individual hearing.
Thanks so much in advance and hope to have reply of every points.
1 – The case will be heard fresh by the judge, but certainly if these points were an issue before, they could be an issue again. 2 – You need to show that you were harmed, or could be harmed, based on one of the protected grounds (for example, maybe they government of your country wants to harm you because it does not like your political opinion). 3 – They prepare the documents, the affidavit, practice with you for the case, etc. I wrote about that on July 7, 2016. Take care, Jason
Hi Jason,
Thanks for your reply, have few questions.
1) Do I need to get some proofs or documents that show about harm in the past and future?
2) What will be the role of my lawyer in the individual hearing? and how long it will continue?
Thanks in advance!
1 – If you can. The law says that if you claim something happened (you were harmed), you need evidence about that or you need to explain why you could not get evidence. 2 – The lawyer should prepare the affidavit and form, help you get evidence, make an index of exhibits and a legal brief, if necessary, and practice with you for the trial. Also, the lawyer can sometimes talk to the government attorney and the judge to try to make an argument in your favor. Take care, Jason
Hi Jason,
Thanks for your guidances and advices!
Re; any proofs that show I was harmed in the past and could be harmed in future.
Since the state is backing up these elements then how can I can get these proofs that could show that I was harmed and could be harmed. Would the IJ judge accept this reason? or believe in my statement? I can gather some news papers evidences that could show the link between these elements and the state.
Will these eviences be enough to convince the judge?
Please advise.
Thanks.
Anything you tell the judge, you should try to get some evidence about it. If you cannot get evidence, you may need to explain why not. I wrote about this issue on April 18, 2018 – maybe that would help. Take care, Jason
Hi Jason,
Many thanks for your help and guidances!
I have the following questions for your kind advice.
1) As my case has been referred to IC and my Individual hearing will be in
2021.
I submitted my story with the other documents in AO.
During the interview, the Asylum Officer was typing ( story) based on my
answers. When I see this story ( that AO typed) I feel that some words are not
appropriate and could have been much better and more effective.
My question is:
When my Individual hearing starts, the judge will follow the story that I
submitted to AO or the one AO typed in ?
2) Can I edit my story ? as the story i submitted was 8 years back and after that
a lot of changes happened.
If I make any edition in the story, will that be good for my case?
Thanks in advance!
1 – The should not have the asylum officer’s notes. However, the trial attorney (prosecutor) will and can introduce them into evidence. If there are issues/mistakes with the notes, you may want to submit something in advance of the trial to explain that. 2 – You can submit a supplemental affidavit or a brand new affidavit. If there are any changes from the original story, you will have to explain why the new story is different from the old story. Take care, Jason
BTEX,
So sorry about the decision you were issued, quite suprising after such a long wait.
I’m just curious though, do you mean you waited 4.5years for decision itself or you filed the asylum 4.5years ago?
Kindly elaborate.
Best wishes!
Hi,
I filed my case in 2012 and got AO decision in 2017.
Hi Jason,
Thanks for your reply!
1) Could you please elaborate these lines,
” Also, the lawyer can sometimes talk to the government attorney and the judge to try to make an argument in your favor”.
2) I want to apply for renewal of my EAD, when I checked the address of C8 category, it says
” USCIS Dallas Lockbox
For U.S. Postal Service (USPS):
USCIS
Attn: I-765
P.O. Box 650888
Dallas, TX 75265-0888
Since I live in California, is this address still good for us?
3) What I need to fill out in those fields not related to me? when I type ” N/A “, it says ” only numeric or alphabets” Should I leave them blank?
please advise point wise.
Thanks a lot in advance!
1 – The lawyer sometimes helps to narrow issues and make legal arguments. 2 – I cannot give specific advice about forms, but there are only a few addresses where EAD applications are sent, and the form instructions give you those. 3 – We often put N/A if the questions does not apply. Sometimes, if USCIS thinks you forgot to answer a question (by leaving it blank), they mail the form back to you to “correct”. Take care, Jason
Hi everyone,
I need help, please reply.
I applied for asylum in September 2016 and my application is still pending. I am currently a senior pre-med undergrad. I need to apply for medical school before 2019 Summer so I can start medical school in 2020 fall. It is important for me to get a green card before 2019 Summer so I can get into medical schools, but I am not positive that I can get an interview by then. I am not sure if this could be a reason for me to expedite my application process. So far I have not taken the MCAT but my overall GPA is around 3.8 and I think I have a pretty good chance of getting into medical school but I really have to have a green card to be accepted and receive financial aid.
Again, Please help. I am here by myself without any family so I really need some advice on this.
Thank you all!
This cannot be a basis for expedition per my experience. I had the same problem and requested for it, but it was denied. You can gamble and wait until your application is approved to get a GC (everyone wants that to happen), but you may end up waiting years! I have been waiting for 5 years now. My hope was to get approved so I could get financial aid! However, I ended up working hard and paid off everything by myself. Second, medical school may not be the best investment for you in this country. As an asylum pending, maybe a Ph.D. with a tuition waiver and a stipend (monthly salary) is better for you, depending on what is your undergraduate degree. Look into it and your mind may change! Also, you don’t need a master to get Ph.D. In addition, you can do your Ph.D. with your pending case by having the EAD hopefully.
I meant financial aid for college and I paid for college by working hard. FYI, I did not come here to be a burden on the society.
Expediting a case is largely a matter of luck. A person can try, and it may or may not work, but there is really no harm in trying. Take care, Jason
Hello JH,
Thank you for taking time to write this.
You touched on P.hd without masters, pls would you be kind enough to send me some useful information/links on how to go about it. That would be much appreciated.
Best wishes
Hi Mentor,
As far as I know, many fields in the US do not require a MS for Ph.D. Examples can be chemistry, physics, biology, chemical engineering, and computer science. I don’t know what is your undergraduate degree but here are two links. One is for a Ph.D. in chemistry and the other is for chemical engineering in two different schools. They offer stipends (typically ~1800-2100 per month) as I mentioned and your tuition will be waived in almost most cases (some schools offer health insurance too). You can do a Ph.D. with EAD if your school pays you a stipend since you are considered an employee of the school and your EAD allows you to work and study as a local resident in most states such as CA, MN, ND, MI, WA, OR and so on. FYI, I am doing a PhD now too with my pending application.
https://chem.umn.edu/academics/graduate/prospective-students/admission
https://www.cbe.iastate.edu/prospective-students/graduate-programs/doctor-of-philosophy-phd/
These are just two schools. If you look up any school in the US, you will find the same information by going to the specific department and looking at their admission requirements and funding opportunities.
Good luck. Comment here again if you have questions. I sometimes check back!
Thank you so much JH for the good information, very much appreciated.
You can use that as a basis to expedite. It may or may not work, but there is no harm in trying. I wrote about expediting on March 30, 2017 – maybe that post would help. Also, even if you do not expedite, you might talk to the schools about financial aid, as sometimes aid is available for people who do not yet have asylum or a GC. Take care, Jason
Thank you, Jason!
Hi. Thank you for your time. Asking for a friend who came to the United States got married and has a ssn but no green card yet. Went to a store and the store lied that she stole now the judge said she may face deportation if found guilty. She is thinking of going to Canada to seek asylum before the next court hearing. Any advice on that?
I would not do that – she would be better off to contest the charges, rather than run away and become a fugitive. Canada and the US share info, so Canada would likely know what happened. If she does want to try this, talk to a lawyer in Canada before she goes, as some people who try that are returned at the border, where they could be detained. So talk to a lawyer in Canada first. Take care, Jason
Hi Jason. First of all I am asylum pending. 1. If i wanna apply for advance parole, do i have to have very important reason. 2. If I want to get advance parole for green card at 3rd country based on employment, dv lottery or etc they accept this reason or we have to find something else. 3. If we said different reason to get advance parole but we return to us with green card , is there any problem?
1 – You should at least have some humanitarian reason for applying. I wrote about this on September 11, 2017, but since that time, it has become even more difficult for asylum seekers to get AP. 2 – You can try, but I think they likely would not accept that reason; you need a “humanitarian” reason, and this usually seems to be for you to get medical treatment or to visit a gravely ill relative. 3 – Unless they think you lied about something, I do not see why it would be a problem. If you are working with a lawyer on the GC case, you should inform the lawyer about your plan and the need for AP. Hopefully, the lawyer can assist you to avoid any pitfalls. Take care, Jason
Hi Jason and thank you for your time. I was waiting for my decision after the Officer told that will be mail. After 2 months without notice i went to the office they told me my decision “your decision have been mailed a month ago” to be clear i never received that decision and i don’t know what is the decision. What i have to do?
If its court referal, can i still add my wife as dependant? We just married
What’s the procedure?
Thank you
You can call 800-898-7180 and when the computer answers follow the instructions and enter your Alien number into the system. If you have a court date, it will tell you. You can also email the asylum office or go in person and request a copy of the decision. You can find their email/contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). If that does not work, you can file form G-639 (available at http://www.uscis.gov) to get a copy of the full case, including any decision. This is free, but will take several months. As for your wife, if the case is in court, there is really no way to add her. However, if you won at the asylum office, or if you win at court, you can file an I-730 form for her and she can get her asylum based on you. In the mean time, if you are in court, she may want to file her own asylum case if she has a basis for that. Take care, Jason