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
Dear Justin, thanks for making such an amazing blog available. I got two questions regarding my current job search as an asylum seeker, and I know you don’t deal with employment but I think my questions might be relevant.
First, I am applying for jobs that require a PhD (which I thankfully have) but I think employers might be reluctant to hire me with the uncertinty surrounding my asylum case (even if get my 2 years EAD, hopefully). Also, if I got such a job, it might require some international travel, which as an asylum seeker might not be a good idea, as you might advice.
Second, I have been looking for jobs only in my state, but to increase my chances I better look in other states. My question is if I got a position in a different state that caused my case to move to a different office, how will this affect my case.
Regards!
1- You can work for any company that will hire you, though as you mention, there are limitations on what asylum seekers can do, and this might make some companies reluctant to hire them. 2 – If you move, you can change your address. However, if you move before 180 days have passed on the “asylum clock”, this could cause the clock to stop and you will not get an EAD. I wrote about the asylum clock on July 19, 2018. Take care, Jason
Hi Janson,
How are you? I hope you are doing great. Thank you very much for your support through this platform.
Can you please support me on the following?
My Asylum case was at Arlington office and had been refereed to court. The court hearing is scheduled for October 2019. My work permit application was filed by my attorney around December 20, 2018. However, still now I didn’t receive the receipt from the asylum office. Unfortunately, the office of my attorney is permanently closed and I heard that all the files are transferred to a volunteer organization. Now, I am trying to get my file. Do you think that the government shut down has an impact on my EAD application? Whom I can contact to know about the status of my EAD application?
Thank you for your help.
I am familiar with this situation, and it is quite sad. In any event, the government shut down has no effect on the EAD process. IF you have your receipt for the EAD, you can track it at http://www.uscis.gov. If you do not have the receipt, and if you paid for the renewed EAD by check, maybe you can get a copy of your check from your bank – the receipt number should be stamped on the back of the check. Otherwise, I know people are trying to sort through all the files. Hopefully, you can get in touch with them and get a copy of your file, and then find a new lawyer. I do not know that any non-profit has the capacity to take on all the cases, and I think they will be distributed to different lawyers. Take care, Jason
Hi Jason,
Thank you very much for your feedback. My EAD application is a first time and I didn’t pay any fee as it is exempted. Do you think that the arlington office can trace my EAD status even though my case is referred to court?
Thank you
Aside from checking the number of days that passed on the clock (at http://www.uscis.gov), or calling 800-898-7180 and entering your Alien number, the only office that tracks the EAD is USCIS – they are the ones that will produce the card. Take care, Jason
Dear Jason
First of all thanks for what you doing for us
I Applied for GC based on Asylum end of 2017 its almost a year and 4 month and i didnt get my GC the things that before 6 days they send ne letter they need more Evidence i sended to them about 54 days now , my Q is that Normal asking for Evidence?my service center is Texas!i applied for Travel Document i recived with 1 year ?!
Thanks for your concern
It could be normal, but it depends what they asked for. The wait is longer than normal, I think (you can check processing times at http://www.uscis.gov). If there is no response soon, you can call USCIS or make an Info Pass appointment using the link at right. Also, if that is not working, you can try the USCIS Ombudsman – a link is also at right. Take care, Jason
Hi sir. I am pending asylum applicant. I just got my i140 based on eb2 and I am going to apply for consular processing to get green card. My question is my ead card (based on asylum c8) will be expire on June) can be renew based on eb2 green card.
If you are consular processing, I think there is no way to get an EAD based on the I-140 (you only get the EAD if you also file an I-485 to adjust status and get your GC without leaving the US). I hope you are talking to a lawyer about the process, as not everyone is eligible to consular process once they have an approved I-140. I wrote something about this on September 6, 2018. Take care, Jason
In which conditions asylum seekers are not eligible?
The most common is where the person has a 3 or 10 year bar to returning, but there are others, so you need to talk to a lawyer about the specifics of the case. Take care, Jason
Hi Jason,
I just came on Dec 22, 2018 as F1 international student and I would like to apply for asylum. Do you think it is better to apply now (1 month later) or wait at least in May 2019 when I am done with my very 1st semester. What do you think? Please let me know.
Thanks,
It’s up to you. If you apply now, you may need to explain whether you lied when you entered the US (you entered on an F visa, but did lie about your intention to remain here permanently?). This is usually not difficult to explain, and in practical terms, it probably does not make a lot of difference whether you apply soon or in May. Take care, Jason
Hi jason,
I applied in june 2018 did my interview in august 2018
I was waiting for my result and i got a letter saying to come to anahiem office for interview again😞
1. Does it normally happen ??
2- Would that be the same long 3 hours interview again??
1 – It happens. It is not common, but it is not particular unusual either. 2 – They may just have a few questions for you, or they may do the whole thing over. I would prepare for the interview as you did for the first interview, and also try to remember what you discussed at the first interview (you do not want to say anything inconsistent with your written case or your first interview). Good luck, Jason
Hi Jason,
Is there any way for someone with asylum pending pay instate tuition (out of your own pocket) like a permanent resident? Is that possible?
I do know about that, but most people with asylum pending are not able to get instate tuition, at least as far as I know. I recommend you talk to the school, which should know about that and might also help you find scholarships or fellowships. Take care, Jason
Hi Jason,
Do you have any news about interviews in Arlington office. I applied in October 2015, when can I expect to be called? Any idea? You think I can be called soon? Who are they calling now? Also can I easily extend/renew my driver license in Maryland with the automatic 180 days extension letter while my EAD renewal is processing? Please let me know.
Thanks,
They are following LIFO, and they have very little time to interview backlog cases (like your case). When they do have time, they interview oldest cases first. My best guess is that they will interview cases from late 2014 or early 2015 when they interview backlog cases, but you might be called soon, you never know. As for the license, you would have to talk to the DMV. You should be able to, but the DMV people do not always know what to do with asylum seekers, so you may need to ask for a supervisor. Take care, Jason
Hello Jason,
Thank you very much for your valuable information and suggestions for the people like us.
I filed I 589 application on Dec 2015 and requested to expedite the interview on May 2018 but still no response from the asylum office. My question is can I re-expedite my case?
Your response will be highly appreciated.
Thank you
Yes, you can try. They often ignore expedite requests (I guess because they are too busy). Tell them (politely) that you filed a request in May 2018 and this is your second request, and that you need to expedite. Good luck, Jason
Thank you very much.
Hello Atty Jason.
I came here in America 1999. I filed my I-589 01/22/16 and received a letter 01/14/19 for interview schedule, California location. Please give me an advise to convince the Asylum officer to get an Asylum instead of a Withholding of removal. Do you think, I can still convince the asylum officer even though I waited several years before filing. Thank you in advanced.
The asylum office cannot give you Withholding of Removal. They can either grant asylum or refer your case to court (assuming you are out of status). I wrote something about the one year bar on January 18, 2018 – maybe that would help and give you some ideas about how to overcome the bar. I also recommend you talk to a lawyer about the specifics of the case, if possible, though I guess you have only a little time until the interview. Good luck, Jason
Good afternoon, if not difficult, help with the answer!
In connection with the latest changes to reduce the time for a call for an interview, is there any data on the time of the call? (From the start of the case submission to the final court hearing) and if, in case of refusal and transfer of the case to the court, what are the waiting times for the court (how many practice can be a hearing before the judge makes a decision) and a time frame for the trial?
To understand whether it will be possible to receive documents for work during this period (SSN and work permit?)
For how long is a work permit issued and under what conditions can it be canceled?
Is it possible to pass on American rights after the end of the period allowed in everywhere in the US in the context of political asylum?
Thanks for the help.) I used a translator. Sorry for the literacy of the translation.
The asylum office is trying to interview all new cases, but many offices cannot do that. If you do not get an interview in the first 2 ort 3 months, your case is in the backlog, and the wait times are not predictable (but it could take years). You can try to expedite – I wrote about that on March 30, 2017. As for court, wait times are very different, depending on your judge. If there is no decision in your case, you can file for a work permit, form I-765, available at http://www.uscis.gov. That will be good for two years, and then you can renew it if your case is still pending. Take care, Jason
Hi Jason,
Can the address change delay my interview? Even if I move within the same state or even the same city/ county?
Thank you!
If you do not change asylum offices, it should have no effect. If you move, it could make your case slower or – maybe – faster. Take care, Jason
Hello,
I had my interview for asylum in October, 2017. Since that time I was checking the uscis website and there was no result. Today smth changed. What does this mean? Thank you
“You completed your interview with USCIS. The time it takes for USCIS to give you a decision after completion of an interview may vary. An officer told you at the end of your interview if you needed to return to the office to pick-up your decision on a specific/scheduled date, or if your decision would be mailed to you.
You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock. Your case has been pending with USCIS for 1669 days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete. For more information, please see the USCIS website.
If an officer told you to return to the office to pick up your decision on a specific/scheduled date, you must do so in person to avoid stopping your EAD clock.
Hello,
I had my interview for asylum in October, 2017. Since that time I was checking the uscis website and there was no result. Today smth changed. What does this mean? Thank you
“You completed your interview with USCIS. The time it takes for USCIS to give you a decision after completion of an interview may vary. An officer told you at the end of your interview if you needed to return to the office to pick-up your decision on a specific/scheduled date, or if your decision would be mailed to you.
You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock. Your case has been pending with USCIS for 1669 days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete. For more information, please see the USCIS website.
If an officer told you to return to the office to pick up your decision on a specific/scheduled date, you must do so in person to avoid stopping your EAD clock.
Since we currently send all communication by mail, you must report a change of address within 10 days of moving by changing your address online or by filing Form AR-11, Alien’s Change of Address Card by mail.
Thank you! My question is. me and my wife applied assylum in 2015 in her name. and I’m dependent in that case. but we both came from the same country and have political problems back home so we are still waiting for hearing for first interview. So it’s almost 3yrs since we applied. And me and my wife decided to divorce so I don’t know what to do because I’m dependent I need you to help me or give some advice.
Once you are divorced, you will no longer be a dependent in the case. You can file your own case, if you have one. Do that as soon as possible. Normally, a person must file for asylum within one year of arriving, but since you were a dependent on your wife’s case, you meet an exception to that rule. As soon as you are no longer part of her case, you have to file as soon as possible or risk being denied for not filing within a year or meeting an exception to the rule. Also, the procedure to file is different, since you were a dependent. File at the local office, not the Service Center. Check the I-589 instructions about how to do that. Take care, Jason
Dear Jason,
I am writing to ask a question regarding adjustment of status for my spouse.
I have been an asylum seeker, and have received my US citizenship on August 2017.
I got married to a European citizen (VWP) in 2013, and filed form I-130 (at that time I was Green Card holder). The Form I-130 got approved on February 2014, and his documents got sent to National Visa Center. In August 2016, he was visa ready, however, he was in the US and overstayed his visa, and we were not eligible to file form I-485 with USCIS.
My husband remained in the US, and once I received my citizenship we filed form I-485, in October of 2017 for Adjustment of Status. We are currently waiting for the USCIS Interview. In the meantime, I have been receiving letters from the National Visa Center asking whether I am still interested in scheduling for the visa interview. My case is open at NVC, and it appears as I am a LPR, while in reality I am a US citizen. My case is also open at USCIS, where I have applied to sponsor my spouse as a US citizen but the I485 subject its LPR spouse adjustment of status.
Is there a way for me to close my case with NVC, because I am afraid that the reason why I am not getting interviewed with USICS is because my case is still pending at NVC, while my husband remains in the US.
Your help is tremendously appreciated.
Thank you so much,
Sent from my iPhone
I do not know much about consular processing, so I do not know if that would create an issue in the case. I would check the processing time for an I-485 at http://www.uscis.gov. If you are outside the processing time, contact USCIS to ask about the case. If the delays continue and the wait is longer than the processing times indicate, talk to a lawyer to see whether the lawyer can check into it for you. Take care, Jason
My case related to Chicago office
Thank you jason for everything you doing, my friend crossed the border and applied for asylum, now he got his Social and work authorization cards, he went to apply for Driving license, but DMV in CT, they are asking for his Original Passport, which is with ICE, because he had GSM tracker in his foot, so he deposited his passport with them, then ICE take off the GSM, he has Copy of his passport, what should he do now, is there any way to get his passport for only one day to show in DMV, and return them, please reply me thanks
I doubt he can get the passport until the case is resolved. I think the problem is with the DMV. I do not know the rules in CT, but I would be surprised if they really need a passport, given that he has the work permit. Maybe he should try again at the DMV, and talk to a supervisor if they cannot give him the license. Take care, Jason
my passport is expired
applied for asylum still waiting for interview
such long wait please let me know
what happens if i go back to my country can i depart easily from usa and
will my country let me enter easily or ill face any problem
help please
Hi Jason,
You are doing a good job.
My husband applied for asylum in March 2017 still waiting for interviews call. What your experience says how long it will take?
Stay blessed
There is no way to know. If he has a reason, he can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
You can always leave the US (assuming you have a document to travel). As for what would happen in your own country, I do not know. If you can contact the asylum office and inform them that you left, and withdraw your case, that would make it easier to get a US visa if you ever want to return here. Take care, Jason
dear jason
i applied for asylum in may 2017
I got my workpermit.jan 2018 and havent received an interview yet.
my question is can i apply for eb visa which is investor visa ?
does it effect my pending asylum application .
It is hard to get non immigrant Visa while you are asylum pending. I think impossible
You can apply for an investor visa, and it should not affect your asylum case. However, to get that visa, you probably need to leave the US, which may or may not be possible. I wrote something about this on August 28, 2018 – maybe that would help. Take care, Jason
Hey jason i have 2 questions please and thanks for your help
1- i applied for asylum in march 2016 and till now didn’t have interview!! Do you think i will have interview soon or from your experience you think i will still have for another year or another year and half?
2- after the interview if they move my case to the court that does mean im on deportation process or that will happen if the court also rejected my case?
Thanks
I have little knowledge because same experience had before I hope you will get soon interview call !
And if they reffer you to court it’s doesn’t mean you are in removal proceedings .
If they refer you to court, you are in removal proceedings. All immigration court cases are removal proceedings, but you can present your asylum claim (and other claims) as a defense to being removed/deported. Take care, Jason
To find best answer. It depends where you are living now. If florida , new York, etc. Forget it
1 – There is no way to predict when the interview will be. Processing time varies by office. If you have a reason to expedite, you can try that. I wrote about expediting on March 30, 2017. 2 – If the case is referred to court, you are in deportation proceedings (also called removal proceedings). You can try to win your asylum case there – many cases are denied at the asylum office but granted in court. I wrote about the court process on March 7, 2018. Take care, Jason
Hello everyone, I received my Decision in 2018 from asylum Office, in notice it was written in big letters It is NOT DENIED, but they referred me to court, Now my date for the court is in 2020.
It is true that it is not a denial, but it is basically a denial. You can try again with the Court. Many cases that were denied at the asylum office are granted in court, so there is still hope. Good luck, Jason
Dear Jason,
Thanks for the help you are offering us. I have a question. I know that it differs but due to your experience how long does I-730 form processing time take? My husband applied in September. He has already received his Travel document but we don’t have news from I-730 form. Approximately when will we get an answer.
Thanks in advance. Ok
Hopefully, you have the receipt. If not, something may be wrong. If you have the receipt, you can check the processing time at http://www.uscis.gov. I think that is about 8 or 9 months. Once the I-730 is approved, it will be transferred to the embassy (assuming you are overseas) and the processing time probably takes several more months, but it is not very predictable and varies by country. Take care, Jason
Dear Jasson !
I have immigration hearing next week is shutdown government gonna affect on me or could be resechedual!
Thanks
If the government shutdown continues, all non-detained court cases will be rescheduled. I wrote about that last week, with a link to the Immigration Court website. Take care, Jason
Hi Jason,
Happy New Year!
I have two questions.
1. Do you think this government shutdown will affect EAD renewal process?
2. I am pregnant and my family income is above poverty line and I can afford to pay for my insurance. When I presented my income to DHS they still approved Medicaid for me. Will using it affect me getting asylum or a green card in the future if my asylum is approved?
Thank you!
1 – I do not think so, at least not for people with a case at the asylum office. USCIS and the asylum offices are not affected by the shutdown. For people with a case in court, maybe it is possible that the EAD would be affected, but I doubt it. 2 – It should have no effect on asylum or a GC. I wrote about that on September 24, 2018. Take care, Jason
Jason, I appreciate your response.
Hello,
I had my interview for asylum in October, 2017. Since that time I was checking the uscis website and there was no result. Today smth changed. What does this mean? Thank you
“You completed your interview with USCIS. The time it takes for USCIS to give you a decision after completion of an interview may vary. An officer told you at the end of your interview if you needed to return to the office to pick-up your decision on a specific/scheduled date, or if your decision would be mailed to you.
You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock. Your case has been pending with USCIS for 1669 days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete. For more information, please see the USCIS website.
If an officer told you to return to the office to pick up your decision on a specific/scheduled date, you must do so in person to avoid stopping your EAD clock.
Since we currently send all communication by mail, you must report a change of address within 10 days of moving by changing your address online or by filing Form AR-11, Alien’s Change of Address Card by mail. You can find more information at http://www.uscis.gov/addresschange.”
Hi. I want to update my asylum status.
Applied: November 2015
Interviewed: October 2017
Granted asylum: January 2019
Hi. From what office did you apply? Did you request to expedite your interview? Please let me know.
Thanks,
No any request.
I applied at Houston office 2015. In 2016 I moved to another state and my case transferred to the New Orleans hub office. My interview was in New Orleans hub office in 2017. The officee was so nice and interview only took 1hour. I was so positive to get my approval soon, but due to background checks, I received my approval this month, January 2019.
Ji Jasson !
You help everyone I really appreciate!
I have a question for you please !
My wife she claimed Asylum in domestic violence
Category and won 10 years ago ! I am still in relation
And we have married marital status !
She is us citizen now and our circumstances are change now we are living together and everything is normal now happily , We have 4 kids
And they are all us citizens ,
I am in removal proceedings now cause of overstay,
No criminal history and any kind of bad record just
Asking you is my wife can sponsor me ?
Thanks!
If she said you were the person who committed domestic violence against her, that certainly could be a problem for you, as that would make you a persecutor, which would probably bar you from most relief. Perhaps it could be worked out, but I think it is tricky. Talk to a lawyer about the specifics of the case to see what can be done. A case like this really needs a lawyer. Take care, Jason
Hi Jasson !
I really appreciate your advice and you are helping other people’s very sincerely could you please take my case or reffer someone nice and straight like you please. I am from Massachusetts it would be very helpful for me. I will wait your answer
Thanks !
You can email me at jdzubow@dzubowlaw.com and we can set up a consult if you would like. Take care, Jason
Hi Jasson !
I have a question I won Asylum and got citizenship 2 years ago Can I go back to my home country for visit after Naturalization on US Passport ?
Thanks
It should be fine. The only way this would result in a problem is if it causes the government to think that your original asylum case was a fraud. This is very rare, but the risk is not zero. If asked about the travel, you should be prepared to explain how you can safely go to your home country now. Take care, Jason
Thanks I will email you soon !
Hi Jason!! What’s is the deadline to send the declaration and evidence to the asylum office after receiving the interview notice?? I received the interview notice but my attorney still didn’t send my story and related evidence.
Different offices have different rules. In my local office (Virginia), you have to submit documents at least one week before the interview. Other offices have different rules, and some offices, you can submit documents the same day as the interview. You might want to check with your attorney, to make sure everything is submitted on time. Take care, Jason
Hi Ali if you don’t mind can you please share your timeline when and which office you applied.
Thanks
Jason,
Thank you so much for the great work you are doing. I have my asylum pending since May 2018 in the Chicago office and would like to ask you a question about the USCIS case tracker online. When I used to enter the receipt number and check, it used to come up as an invalid case number. But yesterday when I entered the receipt number, it showed me that the decision is pending and it has been xxx amount of days since I completed my interview. Do you know if this means anything? Thank you in advance.
Other people having been posting similar info here. I know they are working on making some asylum info available online, and it is supposed to be up and running soon. Maybe this is part of that effort. Take care, Jason
hi. i want to renew my ead based on asylum pending. i am from Florida. which uscis office i need to choose.
You would have to check the I-765 instructions (available at http://www.uscis.gov) based on your category and where you live. Take care, Jason
Hello Jason, I arrived in the U.S in August 2018 on F1 visa. I reported to my school and finished my first semester in December 2018. I applied for asylum in December 2018 and gave my biometrics also in December 2018. Now Im waiting for my interview and still in status (F1) but my university will terminate my status in February because I didn’t register for classes due to financial difficulties. What this could do to my asylum if it happens before the interview? Or between the interview and the decision or after the decision? Would this affect the decision in anyway? I attended all my classes during my first semester and never missed any class and received A grades in all my classes.
This should have no effect on the substantive outcome of your case. In other words, it should not affect whether you win or lose. However, if you are denied, and you are still a student, you will get a NOID and a final denial (probably – this may be changing). If you are no longer a student and you are denied, you will be sent to court. I wrote about this on March 7, 2018. Take care, Jason
Hi. I have asylum application received letter. I think everyone has same kind of paper . I can’t read everything clearly. How can I get another paper showing application is still pending?
Probably you would need to go in person to ask. You can try calling or emailing. You can find their contact info and office hours if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Unfortunately, it seems they have removed their public email address from the website, but there is still some contact info there. Take care, Jason
Dear Jason,
Thanks for your help and advises God bless you!! I have question that me and my wife have a pending asylum since April 2018, we have one daughter in pakistan she is 9 years old and their is no one now to look after her there. My wife came on f-2 a year ago and than she applied for asylum. We have tried once for her visit visa in July 2018 but she got denied. She is quite in stress and being kid she needs us for look after is there is any way we can apply her visi and she will joined us here ? Please advise.
Regards
All you can do is apply again for the visa, and this is very unlikely to work, since your wife has a pending asylum case. You can apply for Advance Parole to go visit her in a third country. I wrote about that on September 11, 2017, but since I wrote that article, it has become more difficult to get AP. Also, you can ask to expedite the asylum case based on family separation – I wrote about that on March 30, 2017. Take care, Jason
Dear Jason many thanks I have a one more quick question if we are on pending asylum and I am beneficiary not the main applicant and if any one can sponsor me here in us is that possible with pending asylum? Sponsor means if he get me hired and submit my papers in labor department.
Regards
Maybe, but you would probably need to leave the US to get your green card. I wrote about that on August 28, 2018. Take care, Jason
Hi Jason,
You are doing a great job here. I have a pending asylum application at Arlington Asylum Office. USCIS received it on 11/19/2018. My ASC appointment was scheduled on 12/10/2018. However, due to inclement weather, the ASC center was closed that day. Later, I completed the ASC appointment on 12/27/2018. I am wondering due to this delay, did the clock stop? or did I fall into the backlog? Because it’s been more than 21 days since my application is received, I didn’t get any appointment notice for the interview from Arlington Office yet. I appreciate if you can advice on this.
Best,
That delay should not have affected the clock, since it was not caused by you. The problem is that the system is such a mess, sometimes things happen that should not happen. Probably, though, you are fine. I suppose if you want to try to check, you can go there any Wednesday morning to ask. As for the interview, Arlington receives more new cases than they can interview, so not everyone gets an interview. It usually takes 2 or 3 months to get the interview notice, so you may still receive an interview. Take care, Jason
HI Jason,
You are right. I got the notification from USCIS that my interview is scheduled on Feb 4th.
They say if a million monkeys type on a million typewriters for a million years, they will eventually write a novel. It’s the same for me – answer enough questions and once in a while, I get one right. Good luck with the interview, Jason
I jason. I just had a baby few weeks ago and he is a US citizen because he is born in usa. My question is being parent to us citizen child helps in asylum case or not. Thank you
Congrats on the baby! Whether that would affect the asylum case depends on the case (for example, if you fear the baby will be subject to female genital mutilation, that could be part of your case). In general, though, the fact that you have a US citizen child would not affect an asylum case (though perhaps it would affect other types of cases you may have). Take care, Jason
Hi Jason,
Any updates on how Chicago office is processing asylum decisions? I applied under LIFO system and interviewed at the end of May 2018 but no decision yet. I inquired about my case and was told that it is still pending.
Thank you for your help.
There are sometimes delays with decisions. That has nothing to do with LIFO; it just depends on the case. Give them another months and if there is no news, make another inquiry. There is not much else you can do (unless you want to try a mandamus lawsuit – we wrote about that on October 2, 2018, but my sense is that it is a bit early for that). Take care, Jason
Thank you very much for your response, Jason. After giving it another month or so, would it be a good time to request an expedited decision if I believe I have a reason? Also, does expediting the decision have an impact on the decision and do they usually take into consideration such requests? Thank you and take care.
You can try. In my experience at least, it is nearly impossible to expedite a decision and they usually ignore the request. However, you never know, and sometimes, they at least tell you they are taking action. Whether they actually take action, it is difficult to say, but if you have a reason, you can ask. Take care, Jason
Hi Jason,
My case is very complicated . I got approved for asylum in August 1 of 2017 . I applied for LPR asylum based ,in August 1,2018 . After the application, I received two notice , one stated “application was sent back because of incomplete “ and other “ application is furthered for processing” . The former notice had all my evidence and a single page in between orange pages that said missing documents from my I 485 application. I inquired and USCIS told me to ignore the former one and it was a mistake . I got my finger print and the got asked for my RFE . I sent everything back again with medical report . Now today I recive a email stating that my case has been transferred to a nearest jurisdiction . What is this mean ? Should I Be worried. Also to note , I had one misdeamenor criminal history that was before my approval of asylum. I am getting it expunged next week. I am really worried and any suggestion is highly appreciated .
It sounds like things are working normally in your case (aside from the original USCIS “mistake”). Hopefully, you will get the GC soon. As for the criminal issue, you should have informed USCIS about that in the asylum application and the green card application. If not, you may want to do that, or at least talk to a lawyer about the specifics of the situation, as not telling them could create problems for the GC or when you naturalize. Take care, Jason
Hi Jason,
I have 1 question for you. I am green card here (from catorgy C08) and this year I am going to apply citizenship. My concern is that I am going to Marry a guy ( who’s case is pending in court (C08)). He don’t have I-94 and passport too. Do he need to travel out of country to get status here through my petition.
Thanks
If you are asking whether your future husband can get status based on you being a citizen, I do not know – it depends on many factors. I wrote about that issue on August 8, 2018 and August 28, 2018. Maybe those posts would help. Take care, Jason
Hi Jason…..
Hope you are doing good. I have a quick question, I went to one top famed lawyer in California as my case is pending in immigration from 4 yrs in Seattle and I am looking to expedite my case. He gave me suggestion, he said we can re-file your i-589 again to get your interview date soon. I am so confused as I never heard of re-filing the I-589 again. Can u pls give me suggestion.
Thanks
I have never heard of such a thing either, and I doubt it would work – the filing procedure for a second application is different than for a first application, and so the new application would likely just be joined with the old. On the other hand, maybe things work differently there or your lawyer knows some trick I do not. If you try it, and it works, let us know, as that will help others. Take care, Jason
Favour.
Hi Jazon happy new year. Please I wish to know if you have any idea about asylum decisions from Alington.i had my interview there on august 30th and up till date my decision has not come.Any idea of the delay? 2) I applied for ead last 2weeks the receipt has not come too does the government shutdown affect the immigration offices?.Thank u.
The government shutdown does not affect the asylum office. Sometimes, decisions are delayed. You can contact the asylum office to make an inquiry. 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,
Many thanks for your help and guidance as always. I have the following questions for you.
1) I have pending asylum since 2012 and my case is in court and have individual hearing in 2021. My family back home. I want to meet my wife and children in third country.
2) Is it possible to go out of USA at this point ? If yes, then for how many days I would be allowed and is there any fee applying for that?
Thanks in advance.
I know of no one who is an asylum seeker and who has been able to travel while a case is pending in court. Supposedly, this is possible, by getting permission from DHS, but I doubt they would accommodate such a request. In general, if a person leaves while a court case is pending, they are considered to have deported themselves. An alternative might be to try to expedite the court case. I wrote about that on April 20, 2017. Take care, Jason
Hi Jason,
Thanks for your reply.
Then what is this AP ( advance payroll) ?
And how does it work?
Thanks
Yes – Advance Parole. I wrote about that on September 11, 2017. That posting may help. Take care, Jason
Hi Jason,
Please let me know how to check your posting on September 11, 2017. ?
Thanks.
Search the Archives box in the top right of the page for the September 2017 articles. Take care, Jason
Hi Jason,
Thank you for the help!
I have two questions for you.
1) I have pending asylum and my individual hearing is on April 2021.
I want to discuss you about my case. How can I do this?
I live in Oakland CA.
2) Since my case is pending and in court. My son want to apply for education in USA, Will he be eligible to apply in any university?
As I have included my children in I-589 asylum application?
Does this affect on his admission?
Thanks
1 – You should find a lawyer for your case, but it is probably better to find a local attorney who is familiar with the court. One place to start is at http://www.AILA.org. 2 – The fact that you are in removal proceedings and that you have a pending asylum case will probably make it more difficult for your son to get a student visa to the US. Maybe if he was over 21 at the time when you filed for asylum (meaning, he cannot be a dependent on your case), it will be a bit easier, but generally speaking, children of asylum seekers have a more difficult time getting student visas. Take care, Jason
Hi everyone,
I realize this might not be the best place to ask, but thought I would give it a shot anyway.
I was wondering if anyone who has applied for asylum before 2018 was recently called in for an interview to the New York office? Were any 2015/2016/2017 cases called? Just trying to get an understanding of how this particular office might be approaching the backlog. I applied in March 2016 and was hoping to hear that NY was reviewing at least some of the old cases.
Thanks
Sorry, I do not have many cases in NY and I have not had any old cases called there lately. Maybe someone else will know. Take care, Jason
Hi,
I have been following you since 2016,i applied for Asylum august 2016, got my ED march 2017, but my ED will be expiring soon march 2019, applied for renew of EAD since Oct,2018 but up till now am yet to receive any info as per the ED renewal, my employer are on me regarding my EAD expiring soon, please my question is
1. is the renewal not automatic since my Asylum is still pending
2. How long does EAD renewal take for processing,am afraid of loosing my present job
i will be expecting your response.
1 – If you received the receipt, your old EAD is automatically extended for 180 days. The receipt should say this. If not, I did a blog post on January 25, 2017 with some USCIS links that explain this (the links are at the very bottom of the blog post). 2 – Renewals can take a long time, we have seen them take up to 7 or 8 months, but usually it is not quite that long. With the automatic extension, you remain eligible to work until 180 days after the date on your card (so about September 2019), so you should be fine. Take care, Jason
Hi Jason and happy New Year,
As usual you are the best attorney and your blog is like my bible now, I always come back and read even the older posts..
I have a couple of questions:
1 for the sake of renewing my EAD, I need my EOIR IJ, do you know how can I request it?
2 though my attorney can access e-Info, he is very lazy returning my calls and emails, and due to a previous delay my case IJ has changed to a new hired one, so I’m really upset with him, can I sue him or report him to the board?
I wish I was in CA. And be your client!!!
1 – Do you mean you need your order with the next court date? They should send it to you, or your lawyer should have it. If not, you can go to the court to get a copy. However, I am not sure whether you can do that while the government is shut down. There is a link at right called Immigration Court. You can try to call your court to see whether they can help you. After the shutdown ends, you should be able to get this pretty easily. 2 – I doubt there is a basis to complain, based on what you say. Lawyers have little power over whether a case is delayed, and no power over who the judge is. However, if you are not confident in your lawyer, you might look for a new one. There are plenty of lawyers in CA. Take care, Jason
Dear Mr. Dzubow,
Is there a fee for pending asylum applicants when applying/filing for EAD for the first time?
Thank you.
For people applying for an EAD based on asylum pending, they do not pay a fee for the first EAD. After that, they have to pay the fee or get a fee waiver. Take care, Jason
Hi Jason, i have pending asylum application since 2015 & i am from Pakistan, my question is that my mother is a cancer patient and she is in critical condition now – so is there anyway that i can travel & come back as i have pending asylum application and also i have my 3 dependents my wife & 2 daughters.
your reply will big help.
thanks in advance
You can apply for Advance Parole – I wrote about that on September 11, 2017. Since I wrote that article, it has become more difficult to get AP. Also, if you return to Pakistan, it could have a negative effect on the asylum case, and you might have trouble when you arrive back in the US at the airport. You should have evidence about the reason you traveled, in case you are asked. Take care, Jason
Hi Jason, I was a student in another country but am currently in the USA.There is political unrest in my home country,and would like to claim asylum here.Is this possible?
You can file for asylum. Whether you have a strong case, I do not know. Typically, you need to show that you personally face harm. General country conditions are usually not enough to win an asylum case. This is not always true, however. Maybe talk to a lawyer to evaluate the specifics of your case and the strength of your claim. Take care, Jason
Hi. Do you have any idea about interview date for who applied asylum on December 2016 at florida? Which date do they interview right now?
As far as I know, they are following LIFO, meaning they are working on the newest cases. The Miami office is the busiest in the US, and so I doubt they will be doing any backlog cases at this time. You can try to expedite, if you have a reason. I wrote about that on March 30, 2017. Take care, Jason
Dear Jason
Thanks for your Help ,i been following your website since 2016,i been granted asylum since 07/2016 i Applied for GC and they send me a letter for more Evidance i sended to them and am waiting, i have some questions
1/ am gonna have one more interview for GC?(Texas service center)
I applied to wife and 2 kids in my Asylum case and they get interview after it yhe counselor told my wife that the Visa for 2 kids its ready for you we have Adminstartivd Processing, now is 60 day and nothing NEW and even they didnt ask her to make the Medical Check and the counselor told her it may take a YEAR,now its 5 years since i saw my family , the is protesting going on in my country and many people get killed and am active member in a political part and in social media and i was leading i protesting against my coverment here in US to stop killing people my Question is
2/ if i talk to congress will he help me in ny wife Aminstarive processing ( because am scare now they will do something to my wife because am very active in social mecia).
3/ why the counselor he did not ask her to do the Mecical check ?
4/is there is anyway to make the AP done , anyhelp sir
Yours
It sounds like you are talking about an I-730, not a green card application. But if you are asking about your interview, most principal asylum seekers who apply for a GC are not interviewed. As for your family, I think you can ask your Congress person for help, and sometimes, they can actually help. There is no harm in trying that. I do not understand the question about the medical check. As for AP, if you won asylum, you would not normally get AP; you would get a Refugee Travel Document, which you can use to meet your family in a third country. Take care, Jason
Dear jason
Thanks for your Reply
I Applied for I 730 yo my kids and wife , they make an Interview 2 month Ago,the Counselor tell my wife that ( your 2 kids them visa ready but you will be in Administrative Processing and it may take a Year ) in this case the Congressman can help ?! There is protesting been killed in my country and am active in social media and am scar that they will harm my family,or give an advise what shall i do in my situation?
Yours
Joe
This type of delay seems to be more common, and it is difficult to do much to help, at least as far as I can tell. I do think it is worth contacting the Congress office. Maybe they can assist. Good luck, Jason
Hi Jason. Is it possible to withdraw asylum application after interview before interview result?
You can try, but unless you have left the US or obtained some other status, or you are still lawfully in status, I do not know whether they will do that. They might just refer you to court. Anyway, you can contact them to ask. 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 would like to know who the arlington office is currently calling for interviews.
Thanks,
They are following LIFO, and if they have extra time, they are doing old cases from late 2014 or early 2015. Take care, Jason
Hi Jason,
I applied for asylum in 2016 and have had EAD ever since. I graduated with Associates Degree in CIS and wrapping up my Computer Science degree. During this time I managed to get a job in IT and been working for the company for a year now. Can this company file for me form i140?
If your only status in the US is asylum pending, you probably have to leave the US to get a GC, and this may or may not be possible. Talk to a lawyer about that. Also, I wrote an article on this point on August 28, 2018. Take care, Jason