Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Hello i have a question that if i am applying for visit visa or any other visa as my spouse case is pending.and i do not write about spouse present in USA and istead of writing my spouse name i write the name of other realtive or friend’s name on the visa application form would it be ok or not please guide me in a best possible way
If you do that, you set yourself up for big problems in the future. You might get away with it now, but if you ever are together with your spouse in any type of case before USCIS, they will see that you committed fraud and they may try to deport you. Take care, Jason
I would like to know if possible to apply for asylum at arrival at airport? of course I have US valid tourist visa for me any my family.
I heard that the process will be less than applying at Asylum office inside US.
What is the advantages and disadvantages of seeking asylum at airport, is it available at all US international airports or limited for some airports?
You could apply at the airport, but you could be detained if you apply. Typically, USCIS will give you an initial interview (called a credible fear interview). If you “pass”, you will have your case before an Immigration Judge (if you fail, you will be deported). This can be faster than an asylum office case, but it can also be slower. Also, you could end up detained for part or all of your case. Generally, most people prefer to enter the US and then apply for asylum rather than ask asylum at the airport, but you can do that if you want. Take care, Jason
Hello Jason,
Thank you a lot for this helpful information.
I forgot to mention that I’m Syrian nationality, do you think this will prevent USCIS to deport me and my family as there is a civil war in Syria and I’m claiming asylum because I can’t danger my family there.
Thanks again,
They don’t care if you’re syrian or not. If they don’t believe you, they will deport you. I have heard of alot of syrians being denied asylum just recently. So you can say being syrian does not automatically grant you asylum like in Europe. They’ll send you back to a third country (where you are now).
I have not heard about Syrians being deported. However, they could order you deported and when conditions improve, I suppose they could deport you. Most Syrians I have met have strong cases. Take care, Jason
Hello Jason , First thanks for your very nice website , I’m sure it helps a lot of us during our asylum cases. I’m on F-1 Visa and Live in Texas , From Iran , Born as a muslim and then converted to christianity , I’m near to file my case in the next week for asylum religious , I also not a big fan of Texas and like to move to Oregon or California for my school , Do you think with considering that approval rate difference between San Fransisco and Houston office ( which is around 50% more in San Fransisco ) , It will be help my case and this moving make sense ?
I wrote a post about this topic a few weeks ago; maybe that would help. In short, I think you should live wherever is best for you, and not worry so much about approval rates. Other attorneys view this differently than me, but given the long waits, I think you have to get on with your life. That means living where you have a job or school, and where you have family or friends. I still believe that a good case will usually succeed regardless of which office you apply in. Take care, Jason
Hi Jason,
I hope you are well.
I am an F1 student and graduated last December and on OPT at the moment. I filed for asylum in October 2015 and did my fingerprints but heard nothing afterwards.
I know that looking at the calendar on the USCIS website, the affirmative cases being interviewed at the moment are those from September 2013 which potentially means a 2 year waiting time before an interview.
My fiance and I are planning on getting married soon but my question is what to do in order not to arise suspicions for Immigration as to the validity of my marriage. Is there a way to put my asylum application on hold or cancel it? Or should I just leave it alone?
Thanks for the work that you do.
Best.
I
The marriage is probably not relevant to your asylum case. If the fiancé is a US citizen and you are eligible, you can obtain your green card based on the marriage. If you do that, you can then close out the asylum case. It should not be a problem. However, if you are not sure about your eligibility, it is a good idea to talk to a lawyer so that there are no problems. Take care, Jason
HI Jason,
My question is : while my asylum case is pending in asylum office can apply for payroll for vacational trip to canada to see my cousins over there. If yes how long it takes and what is the fee for that?
Thanks and regards
You can apply for Advance Parole using form I-131 (available at http://www.uscis.gov). You have to give a humanitarian reason for the travel (for example, visiting a sick relative) and probably you would also need a visa for Canada. You can get Advance Parole for a month or two, rarely more. Take care, Jason
how are you dear sir
I appreciate your novel idea and persistency
my question is
1- my asylum is pending on 27 Nov 2015 . and waiting for EDA application , so can I send an application letter for EAD early by filling I-765 or should I finished 150 days to apply
2- my family is suffering in my country by the ruling class every day
and moreover they are trying to put my wife in jail , if they do so , I do not known who is going to care my small 12 years old over there , so do you have a means to expedite my case for interview
3- are you able to handle this case if I give you my case to you , because my lawyer what I have is always saying busy when I am asking some things about .
4- My case in Arlington , if you will do how much you gonna charge me
5- what kind of evidence from my country should accepted ( because she has sent to some accusation paper ) in such case to expedite my case that they still harassing my family directly and indirectly by ruling government after I left the country
thank for you golden time
god bless you
You are welcome to contact me if you’d like (jdzubow@dzubowlaw.com). However, I am also too busy, and I would not be able to complete a case and expedite it very quickly. In general, it is now quite difficult to expedite a case in Arlington. But the reasons you give (problems for family back home) are a good reason to expedite. It is just that lots of people are trying to expedite, and it seems not to be working. Take care, Jason
HI Jason
My name is Abebe Thomas, i filed my affidavit asylum document before one year and it is still pending but i got my work permit , now one of my daughter age 17 was processing ( student visa ) to attend hi school in USA by her self but i have no capacity to pay more than one semester school fee.
i think she is inter in this issue due to her filling of yearning effect to get me soon , i trying to advice her to stop the process but she become disappointed and i fear may she inter in unusual behavior.
Jason i need your valuable advice, if she come here by student visa and live with me before attending in that school, will have any impact on my pending asylum case?
Thanks
Abeabe T
I am not sure I understand your question, but I do not see why your daughter coming to the US to study will affect your asylum case. Take care, Jason
Hi Jason,
Can I ask my parents to apply for tourist visa. Earlier they applied when i was in F1 status but were rejected .Now my status is as an approved asylee . Are they going to be rejected because of my status.
I can apply for my GC in end of November, can they apply after I get GC or they can apply now ?
Thank you
They can apply anytime – They need to show a connection with their home country and that they will return home after their visit. The fact that you sought asylum may count against them, so they should have as much evidence as possible showing their connection to the home country. Once you are a US citizen, you can file for them to come here as immigrants if you want. Take care, Jason
Hi, Jason:
If I move from Seattle to San Francisco, would I get interviewed much faster?
San Francisco Asylum office replied my case status check as below:
“We are currently scheduling asylum interviews for applicants that filed their asylum applications in December 2012, who lives in Seattle area.
The Affirmative Asylum Scheduling Bulletin currently does not include asylum interviews occurring outside of the eight asylum office.”
Does that mean people who lives in Seattle will be interviewed in Seattle Local Office?
According to the Asylum Bulletin, they are scheduling cases filed in March 2014, and my case was filed during that time.
If I move from Seattle to San Francisco, will I get interviewed very soon?
Thank you!
You should get your interview soon – after you moved, you (supposedly) keep your place in the queue and you are now on the SF schedule. This is how it is supposed to work – according to USCIS – but I am not 100% sure it will work in practice. If you do not get scheduled soon and the SF office passes your filing date, you should email them and inquire. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi, Jason, I have the exact same situation, I filed my case in Seattle, in July, 2014, and I double checked with SF asylum office last year, around December, they said they were interviewing people filed in Dec,2012 in Seattle, but now they are still…. make me feel Seattle is gonna be a forever waiting list, my question is, how long is normally delay between the main office and district offices like Seattle? Thank you , If I am gonna wait forever, then I have to move to SF too…. Thank you!
I don’t want to move, I love Seattle 🙂
I love Seattle too! It’s such a beautiful city! I’ve been driving Uber around Seattle for a while, and I’ve been enjoying the beauty of this city from different time, different place and different angles. It’s just a perfect place to live in!
I’ll be back!
If you are happy in Seattle, maybe you are better not moving. Probably SF will be faster, but it is really only a guess. If you move to SF, let us know what happens with your case. Take care, Jason
I do not know, and I think there is no “normal” difference between the sub-office and the main office. USCIS has to send people to Seattle for interviews, and my guess is that they have not done so because of other priorities (like unaccompanied minor cases). My guess is that when they get a break from priority cases, they will send some officers to Seattle and you will see some movement there. When that will happen, I do not know, but USCIS is working on this problem and hiring new people, so hopefully it will not be too long. Take care, Jason
I hope so, thank you Jason. 🙂 I am gonna stay at Seattle, I like raining.
Thank you so much, Jason! I would probably move to SF at the end of this years ( because I signed a 1 year contract of my apartment!) Although you are not 100% sure, but I believe you! I believe I’ll get interviewed soon after I move.
Thanks again!
Good luck to you!!! Let us know if you get your interview day soon after you move to SF 🙂 Best wishes
Thanks! Sure I will! Good luck to you as well!
Hello Mr. Dzubow,
I just read your informative interview on NPR News, which ended me up here. 🙂 I am a J-1 visa holder and a father of a US-citizen child. I have few years left to finish my degree then going back to my home country, Iraq in order to fulfill Visa requirement (2 Year-Home-Physical-Residency-Requirement). However, a lot of things have happened on the ground, including security situation and economic hardship, since I left Iraq. So if I applied for asylum how much my case is strong to guarantee mine and my wife’s cases? Will the citizenship of my children make my case stronger? Also, how long does the process take from submitting application to getting a Green Card? Many thanks for your response.
We have done many asylum cases for people with a J-1 two-year bar issue; if you win asylum, it overcomes the bar. The fact that your children are citizens does not affect the case (unless that is related to your fear of return). Cases are very slow – you can check the Asylum Office Scheduling Bulletin (link at right) to get some idea. There are also delays after the interview for many people, including Iraqis. If you get asylum, you can apply for a green card one year after receiving asylum. Take care, Jason
Hi Jason!
i have LGBT case
i was have tourist visa and i wanted renew my visa after 6 months in USA i went to Mexico when i was back in Chicago immigration wanted deportation me and i asked for asylum
i was in jail 1 month
when i back to SF i change the lawyer and we spend long time to change my court from Chicago to SF and they give date of hearing
and my lawyer told me i cannot take SSN and work permit because already they choose date of hearing
Tell me please he is right or something wrong?
Appreciate
regards
Victoria
There is something called the “Asylum Clock” that (usually) starts when you file your asylum case. When it reaches 150 days, you can file for a work permit, though you cannot actually get the work permit until the clock reaches 180 days. If you cause a delay – by changing courts, for example – the clock may stop. It is possible to re-start it, but this depends on the Judge and certain other factors. You can check where your clock is, and if it is running, but calling 1-800-898-7180 and entering your Alien number. Then push 2 and the computer will tell you the status of the clock. If it is over 180 days, you are eligible for the work permit. You attorney should be able to explain this all to you. If not, maybe you need a different attorney. Take care, Jason
Good day dear Jazon,
Some questions?
1)what is affidavit? And the user of it?
2) when shall a asylum seeker suppose to file it? Before or the interview day?
3) what will happen if you did not submit it?
4) the initiative of submitting the affidavit should come from USCIS or the asylum seeker?
Thank in advance.
An affidavit is like an essay that illustrates your past and/or anticipated prosecution/fear with details. You could have submitted it with your asylum application when you applied. Nothing will happen if you don’t provide them with one. It is not a must or a requirement. It is preferable though because it gives the asylum officer a clearer picture, thus giving you better chances of winning asylum. The initiative should have came from you.
He probably said it better than me…
The affidavit is the explanation of why you need asylum. You should write it and submit it. Normally, it should be submitted at least one week before your interview, but different asylum offices may have different rules about that. If you do not write an affidavit, it could negatively affect your case. If you have a lawyer, the lawyer should help with this. Take care, Jason
Hi Jason,
I am really in a dilemma and hope you would just give me a guidance or an advice that I could start as you have always been there for us the asylees. I arrived with my two kids end of 2014 and submitted my case on March 2015. I received receipt number did my fingerprints. I even received my work permit and social security. My two kids are in school. When I enrolled them my visa was still valid and because of the validity my two kids were on full health insurance coverage through Kaiser. Now because my visa was expired my kids are no more on the insurance. I don’t know what to do if my kids got sick as my job does not cover except shelter and food. Could you please advice me what to do? Do I need to go to Arlington Office and talk to them? Thank you very much.
If your child was sick, you could use that as a basis to expedite the case, but expediting requests are often denied. I do not know what benefits are available to asylum seekers. You might want to contact the local Catholic Charities office (where you live it may be called Hogar Hispano) or Tajireh Justice Center, another VA non-profit, and ask if they can advise you. Take care, Jason
Hi jason , hope this finds you well
Do you know why Chicago asylum office isn’t processing any cases from the backlog ? since USCIS started publishing the dates of the scheduled interviews It is May 2013.. are they using the new system to schedule interviews ? or still using the previous one so thats why they aren’t moving ?
another question please, I changed my address from Chicago suburb to Chicago city but basically with the same office Chicago office.. does it mean I have to wait to the dates I have changed my address ? or no my turn should be at the date I have filed my case at my previous address ?
Thank you 🙂 .
Moving should not affect your case in the queue, especially since you did not change offices. I think they are not moving because they are focused on cases from the US/Mexico border, which get priority over “regular” cases. They are hiring (or have hired) officers to focus exclusively on the border cases and once they are in place, hopefully, that will cause cases like yours to start moving. Take care, Jason
You did thank you ! and coincidentally they have updated it today and they moved from May 2013 to June 2013 last month 🙂
thank you again !
I’m actually partying for that reason! Haha
Hi Jason,
I received my Work permit with 2 years validity, and the category is A5. As far as i know my asylum case is pending was 3 months a ago, so does this a good sign for my case?
Thank you,
Maybe – you should contact the Asylum Office and ask about this. You can find contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Janson, I really appreciate for your giving information regarding Asylum and thank you in advance for your help.
My questions is the case delayed more than normal time. i have applied in 2013 and after long period of time I have been interviewed in December 2014. After 15 days I continuously requesting the status of my case and their response was the officer is going through. The case delayed for 13 months without decision. Finally, I requested to talked supervisor and she told me that the officer who conducted your interview has since retired and we are going through the case with other officer. They have sent the letter that stated if you still do not receive a decision on your case in the next three months, please feel free to follow up with an inquiry to our office. I went to the immigration office more two time and i contact the case worker she said me that the case is still pending and no how long the take time to decision. By now I am confusing my family too. Do you have any means to get answer.
Unfortunately, it seems many cases are facing very long delays after the interview. We have not found any effective way to deal with this, and frankly, I am not sure what the problem is. It may be that security checks are being delayed since resources for such checks have been shifted to Syrian refugees or others coming from overseas, but I have not heard any explanation about it. You can try the Ombudsman (a link is at the right) to ask whether they can give you any more information, or – if that does not help – you can file a mandamus lawsuit – that might get you a decision, though maybe not a good decision. Take care, Jason
Hi im marcell and i have a very important question to ask much appreciate if you can help. I went to america on b tourist visa in 2000 and applied for asylum 5 months after arrival, i had my first interview with the asylum officer denied and went on appeal for 2nd interview, but my first attorney had his license suspended and i went to another attorney in nyc , while pending for 2 nd interview i waited many years but no answer from the attorne so i went back to homeland for emergency return due to condition for my mother surgery, so my question is , did i stayed in the us illegaly while pending on asylum case and get the 10 year bar? , and how can i get my documents back from the asylum officer for evidence? Since last i heard my 2 nd attorney also had his license suspended. Please help
To get your documents, you can file a Freedom of Information Act Request, using form G-639, available at http://www.uscis.gov. I do not know whether you have a 10 year bar, as I cannot tell from your description. However, in general, time spent in the US with an asylum case pending does not count as unlawful presence for purposes of the bar, so hopefully, you do not have the bar. Take care, Jason
Hello Jason,
Does your office can handle cases already filled since three years without an attorney at Newark Asylum Office ? we have received the recommend for approval on oct 2014 , and yet we didnt receive the final approval , whenever I go to them they say security background check since forever which I dont blame them cos I look like James Bond , so I need you to represent my case by sending them letters inquiring the reason of the delay , I dont want a lawsuit cos I feel sorry about them .
Hopefully you are more Sean Connery than Timothy Dalton. It is not something we would do, and frankly, sending letters is a complete waste of time. Try the Ombudsman (a link is at right) or think about suing – you do not need to feel too sorry for them. Take care, Jason
Hello Jason,
how much it cost for suing .
My daughter is senior high school she is been here since 9th grade , I know she can go with the work id the problem I have low income they gona charge me a lot which im not afford it right now , if I can get the the final approval she will be eligible for the financial aid , we all got frustrated cos of our daughter , I have send them many humanitarian requests , I get the same answer , I do believe of course that everyone should have security back ground check but I have been here since more than three years im inside America the country of human rights I thought that I will get some positive answers when I send them a humanitarian requests and to expedite the final decision . and make my kid happy , our life is pending since three years , I cant get a full time job , no body hire a full time job with the work card , some do by luck . tell me how the cost of suing and also im afraid if I do that uscis will not like n reject the case .
I do not think that suing will cause USCIS to reject the case (but of course, I do not know for sure). The cost varies a lot. My guess is that it could be anywhere from a few thousand to many thousands, depending on the firm and whether USCIS fights the case. I have heard about cases where the lawyer’s fee is less than $2000, but make sure you are using a good lawyer. Also, just because your daughter cannot get financial aid from the government does not mean she cannot get private scholarships – most colleges have an office that helps with financial aid and maybe she/you can talk to that office and see whether they can help. Good luck, Jason
Thank you Jason for the informations , I know Thank you is not enough cos ur helping ppl day and night regardless their religious background by answering their questions , God Bless u man and ur family.
Tell me sir , like I said my case is pending at Newwark Asylum Office , NJ , regarding suing them would u take care of it or I have to hire an attorney from NJ .
I have not filed a mandamus suit before – mostly, I have been too busy to take one on. Maybe the case could be filed in DC, where the headquarters is, but I think normally such a case is filed in the court with jurisdiction over the local office (NJ), and so you would need a lawyer who is licenses in NJ. Good luck, and if you try it, please let us know what happens. Thank you, Jason
Hi Jason’
Thank you very much for the great effort to help asylum seeker.
I’m from Sudan living in Dubai my husband works there. We came to US in Oct 2015 for a visit and some relatives advice us to file asylum and we did,in Nov 2015 and I had my FP done by the end of Nov. My husband left for his work back in Dubai. He has to come back to US for a training course in maritime field in Texas, and he has received an Invitation letter from the institute. 1-Do you think if he apply for visa he can be accepted or denied because he is mentioned in the asylum as my husband. 2- what type of visa he supposed to apply for.
He is going to apply for the visa in Dubai not Sudan and actually this training is very important to him in his work and the institute US is the best and they only conduct it in summer time thats why he couldn’t do it when he was here
Your reply is going to be a great help to us
Appreciation
(1) We have seen spouses of asylum applicants denied when they apply for a B visa. This certainly does not happen all the time, but it is possible. Certain visas, for example H1b and L, will not be affected my a spouse’s asylum case. Other visas, B and F, for example, could be affected. (2) Probably he will be applying for a B visa; maybe it is a J visa. I think a J visa might also be affected by your asylum case, but I am not sure about that. Take care, Jason
Thank you very much Jason for your quick response and all the clarifications you have made to me I appreciate it
As per your advice I’ll tell him to try to apply for the J type of visa because I think it seems to be more applicable to his situation than the B2 visa.
One more question if you don’t mind, do you think any of these visas or his entry to the US may affect my asylum case.
Thank you again for your kindness and help you offered to me and all the asylum seekers
Appreciations,
Again, I do not know whether the J visa will be affected by your asylum application. I think it could be, but I am not sure. I do not think that his visa applications will affect your case, but USCIS may very well be aware of his application when they interview you, so hopefully his application is consist with your documents. Take care, Jason
Thank you very much for the information and thank you mostly for your patience in answering all the questions and the inquiries
God bless you
Hi Jason, our asylum case has been referred from Chicago asylum office to the immigration court in Cleveland, Ohio since October 1st 2015.WE Received only the notice to appear document with the phrase “to be scheduled “.Till now, we have not received any master hearing date.I tried to contact EOIR number, and every time I call them ,I get the same info that our case is currently pending. what should we do in this case? do you recommend us to contact the court and ask about our case?.Thanks in advance.
You can contact the Immigration Court and also the DHS Office of Chief Counsel (links for both with phone numbers can be found at the right). Sometimes, it takes many months before a referred case is set for a court date. Also, I assume by EOIR contact number, you mean 1-800-898-7180, which allows you to enter your Alien number and get some information about your case (including court dates). Take care, Jason
Hi Jason,
As you know asylum seekers arerequired to submit their applications within one year of arrival in the U.S.
When my case was submitted by my lawyer, he could barely make it and it was submitted on February 2 (this is the date I arrived to the US).
And later when I checked my story he submitted, half of my story was missing and mostly translated wrong giving blur picture.
Then he resubmitted it after almost 2 weeks saying that he “talked” to USCIS about it and that they would just replace it with the same date.
The only thing as an evidence of timely submitting the case, I have the copy of my initial envelope with USPS delivery date.
Do you think that this will be accepted as evidence?
As I don’t want my case forwarded to the judge right away.
Thanks.
I don’t fully understand the question – was the initial case filing rejected? If so, you should keep evidence about that, as it will demonstrate that you filed within one year. Even a rejected application counts as a timely filing. As for “talking” with USCIS, I am skeptical. I suppose anything is possible, but I do not know who you talk to, or why. The regulations indicate that a rejected application can constitute proof of a timely filing. There is nothing else to say about that, at least until the interview. Take care, Jason
No, the initial filing was timely but half of my story was missing due to carelesness of the lawyer. I have the copy of the envelope that USPS received the package.
Second filing was 2 weeks later than 1 year dealine.
Do you think this envelope copy can be enough as a proof?
Thanks in advance.
Maybe, but you can also get a copy of the original application by filing a freedom of information act request using form G-639, available at http://www.uscis.gov. This form will give you a copy of your whole file, including – hopefully – the original filing with a date-stamp on it. I just did this for someone and receive the client’s file earlier today. It takes 3 or 4 months, but it is free. Take care, Jason
Awesome. Thanks a lot Jason!
Dear Jason Dzubow
I really appreciate your knowledge that you have shared for all asylum seeker but some information is put me in ambiguity to thrust on Because if USCIS hired new immigration officer and going for six month training as per your information and after, our and your expectation was the interview rate will speeding relatively but instead it is going back horribly . You know dear jason for immigrant hope is a hilling medicine and the best treatment since we all immigrate are blind about USCIS law and implementation
My bottom line question is ;
1- If the immigration officer is hired why the interview time is taking longer ? , or the hired officer is having a training for 2 years instead six month ? as per you information which I have been asked so on what I have notice that there is no hired immigration officer ? or what else the things makes worst ?
2- Why EAD approval time also too long ( 4 month ) ? or they need more time for screening / checking the immigrant documents ? . Is 150 days is not enough to finish up ? , I hope the USCIS could understand that after 150 days pass every immigrate will asking for EAD , If so why they could not able to do in time ? . Is there some a bottle neck on the system which I could understand ?
Thanks for your time ,
you answer may help us to know what is going on over there in USCIS
3- A lot of professional people are hanged on line and losing their hope due to asylum process so what did the USCIS think on this motor to explore their knowledge ?
Thanks for your time
You answer may help us to know what is going on over there in USCIS
(1) USCIS has told us that they hired new officers, and I believe them. I do not know why things have not sped up, but maybe it is because there are still many people arriving at the US/Mexico border and their cases get priority over “regular” asylum seekers; (2) I do not know – it used to be faster (like 1 or 2 months), but lately it is slow. Hopefully, it will get faster again; (3) The delays are a huge problem, as I have discussed here many times, especially for people separated from family members. I do not really have answers to these questions, and I try to remain hopeful that the system will improve. Take care, Jason
Hey Jason,
Do you mean that the Congress has approved the budget or the program whatever it is, and the cases which usually took 2-3 years to get interviewed will go back to its normal time frame of 1-2 months?
No – The asylum office is funded by USCIS user fees (for example, people who file for a green card), not by Congress. I can’t imagine we will go back to the 1 or 2 month time frame any time soon, but with more asylum officers, things may start to move a bit faster. I hope. Take care, Jason
That’s a pity, I was about to throw a party. Anyway we’ll hope for the best.
Thank You!
Hi Jason
I am planning to apply for asylum in this month but my lawyer is suggesting me to apply for e2 as it is better option. My question is if a apply asylum can I change to e2 afterwards down the years when my asylum case is pending.
I do not know anything about E-2 visas. If you want to change status without leaving the US, you must be in a valid visa status. Otherwise, you have to leave the US and then return with the new visa. This can be a problem, depending on your situation. You should discuss this with the lawyer. Take care, Jason
Good Day Mr. Jason,
I am Jay from Ireland and been through my political asylum claim. I provided evidences such as hospital reports, pics of my torture, police convocations,my education docs, work docs, bank docs, political membership card,identification docs, written statements from the president of my university etc. I went for 5 consecutive interviews in relation to my claim unlike just 2 normal interviews as is the case here. Just want to get your expert view and if the summary of my claim gives me good footing to win my case. Just anxious though my lawyer told me it was a good sign as i was been called up for more interviews because it showed the case worker was interested and wanted to get detailed information. However I am expecting my claim any time soon. Will just be glad to get your own point of expertise view. Best regards and thanks for the time you offer on the blog.
I replied to the previous question you posted. Take care, Jason
Thanks
one more question what are good evidences that could back up a political case?
It depends on the case. You need to provide evidence for whatever happened. If you were politically active, get some evidence: a letter from the political party or other people who know of your activities, photos of activities, party membership card, etc. It is a good idea to talk to a lawyer about your specific case so she can advise you about the evidence you need. Take care, Jason
I’m a statless Palestinian. The successed rate for statless people in the USA is it high? And if I got denied where they ll deport me to ?
I do not know the success rate for stateless people in general or for Palestinians in particular. If you have a fear of persecution in your last country of residence, you should have as good a chance as anyone to get asylum. If they deport you, I suppose they deport you to the last country of residence. If there is no such place, they cannot deport you. Take care, Jason
Hello Jason,
I applied for TPS while my asylum case was pending. According to USCIS website, applying for TPS will not have any effect on pending asylum application. Generally, In San Francisco, asylum application that was filed on Jan 2014 was scheduled interview on Jan 2016.I was never scheduled on that time-frame. So, I went to local office for inquiry. The Representative told me my file was transferred somewhere because of TPS and has to be requested back, and only then interview date can be scheduled. Even though it’s clearly explained on USCIS website, applying for TPS will not affect ongoing asylum application; I am wondering why it went different in my case. How am I supposed to request the file back to my local office, and doing so, how long does it generally take?
Hmm – I have not heard about that before. I think the only thing you can do is ask that the asylum office get the file and schedule your interview. Good luck, Jason
Good Morning Jason
I am sorry to disturb you again. This time my question is regarding I-765.
I want to renew my EAD. I am stuck in two questions of this form but before proceed further, let me tell you my history
I came here in US as F-2 VISA in December 2011 as my wife has an F-1. We came together with my 1 child. I applied for Asylum for me and my family in December 2012. My wife did not go to school as she was patient of anxiety and depression. The DSO terminate her SEVIS in Feb 2015. When we applied for Asylum me and my wife was in status. In March 2013, I applied for F-1 but unfortunately did not go to school and DSO terminate my SEVIS.
We already have an EAD that will expire in May 2016
Question 15. Current immigration status?
Question 16. Eligibility Category? I filled with (c)(8). Is that correct?
Do i fill the same answer for my wife and kid?
I will be very thankful to you for the guidance.
Sorry – I cannot give such specific advice, as I do not know about your case. If you are applying as an asylum applicant, the category is c8. the dependents of an asylum applicant also file under category c8. Take care, Jason
I’m a pending asylum applicant for 2 years, my father is renewing his B1/B2 visa, he is a consultant physician of internal medicine and he travels a lot to attend medical conferences.
he has been to the US more than 5 times (3 of which I was in pending asylum status) and he traveled to over 25 countries in the past 5 years, he has no intention to overstay his visa in the US and I’m really worried that he might get denied for the sake of my asylum
My questions are concerning his DS 160 application for renewal
For the immediate relative in US, does he have to mention me or not? and what is my status as pending asylum interview is it “non-immigrant” or “Other/I don’t know”?
and does he have a chance if he chose “other/I don’t know”?
Your help is much appreciated, thanks alot in advance
If he lies on the form (denying that you are in the US), it seems to me that his case could be denied for that reason. Typically, parents are not denied when their children seek asylum (though they could be). As for which category to mention you in, I am not sure. He may want to consult a lawyer who does more non-immigrant visas than I do (I basically do not do any such visas). Take care, Jason
Hi Jason, my friend has a pending asylum case as of November, 2015. She has a DHS restricted social security number that she obtained under a prior J-1 visa, but the period for that visa has since expired. She continues to get employment using this social security number (I am helping her complete her taxes, now, complete with W2s from a new job she started in December). She never applied for an EAD, as she has been waiting less than 150 days. But, her immigration attorney says that she is working legally and can continue. Is that possible? Thanks!
I do not know – the J-1 visa is a duration of status (D/S) visa, meaning that as long as she is engaged in the J-1 activity, she is legally here. Thus, she could be legally working. However, if she is doing something else, like working at a non-J-1 job, I would guess she is not working here legally. Even if she is working illegally, it should not affect her asylum case. Take care, Jason
Hi
My friend apply for asylum in july 2015 with her husband on base of religion backgrounds. They got fingerprints in oct 2015. Now she got sick and went through surgery under emergency. They are not working as their work permit date is not due yet.
They are supposed to pay a huge bill. Is there a option they can get medicaid ??? They belong to indiana state.
Your reply will be highly appreciated.
Many thanks
I know of no way that they can get Medicaid. They may want to contact the local office of Catholic Charities to see whether they know more (you can google them). They know more about benefits than me, and they will help anyone who seeks assistance. Based on the health problem, the family could also ask the Asylum Office to expedite their case, though tat does not always work. Good luck, Jason
hi jason! howre you? hope youre doing fine.
my father applied for asylum last november and i am one of his derivatives. i am wondering if i can travel to my home country while the application is processing.
To leave the US, you would need Advance Parole (form I-131, available at http://www.USCIS.gov). As for going to the home country, I am not sure – if your father did that, his case would likely be denied for that reason alone, but if you go, it is not so clear. I do not think there are any rules or cases about that. Probably, though, you should hire a lawyer to look into it before you go. Certainly, it will not help your father’s case, but whether it will be fatal to the case or affect you or him in any other way, I am not sure. Good luck, Jason
thank you jason! do you know anyone i can call?
Any immigration lawyer can research the question. You can contact my firm if you’d like and talk to my law partner Toda Pilcher: 202-328-1352. We teach today, so maybe try him on Tuesday or later this week. Take care, Jason
Hi Jason.. Please do u have any office here in NYC I need a lawyer to check it my Asylum Case..
Sorry – our only office is in DC.
hello i need ur assiatance.my husband filled asylum his case is pending.i want to apply for non immigrant visa does it work or not.I am dying to meet him please tell me any solution if u have.
You can certainly apply, but the embassy may deny you if they think you will remain in the US after the visa ends. Given that your husband has applied, they will be very suspicious about this. You will have to give them a lot of evidence to convince them that you will return home after your visit. In the alternative, some non-immigrant visas can be issued even if the government thinks you plan to remain in the US permanently (H1b visa, L visa, for example). Maybe you qualify for one of those. Good luck, Jason
HI,
I applied asylum on 2014 in Boston. Im waiting for my interview. I have some question regarding my asylum.
These are my current condition.
1. I have applied for the TPS and still not got approved letter.
2. i applied political asylum after six month and before 1 year.
3. Right now im working as chef.
4. The restaurant is ready to sponsor for me.
5. Im waiting for my interview.
In this situation, What should i have to do? Can get sponsor from my working restaurant?
A restaurant could potentially sponsor you for a green card or maybe an H1b visa. However, this might require you to leave the US and return, which may be a problem depending on your status here. If they want to sponsor you, you need to talk to a lawyer and have the lawyer look at your specific case. Good luck, Jason
I applied for asylum in June of 2015 based on my sexual orientation–I am a man– and my application is still pending at USCIS. I filed my case based on fears to return to my country stemming from threats and persecution I experienced from my family members, society and Nigerian authority. However, I have recently fallen in love with a woman! She is aware of my previous sexual orientation as a gay man. But I have been having spiritual experiences pushing me towards changing my sexual orientation. I strongly believe that God wants me to change. The woman I’m now involved with a also a strong christian and has been very supportive and understanding. Before I left my country I was forced into a marriage by my parents who were strongly opposed to homosexuality. I have a son from that marriage but the marriage has been dissolved. I currently torn between my spiritual convictions and desire to live a new life, my past life and what or what not to do about my case. I am totally confused. I would appreciate if you can please shed more light on my complicated situation. Thank you. Olu.
I do not think I can shed much light on this. If you are legally divorced, you are eligible to marry in the US, and assuming you are otherwise eligible, you can apply for your green card based on the marriage. Given that you applied for asylum based on sexual orientation, you may need to explain why you are now married to a woman, but it sounds like there is a good explanation. You might want a lawyer to help you with this, as it can be a bit complicated, but it seems to me that you have a good chance for success. Take care, Jason
Dear Mr Jason Dzubow,
If an Iraqi couple are getting divorced through the court and they have two kids all family in the same case , but right now they live in separate houses , is that going to effect their asylum case specifically the final decision ? note that they have received the recommended for approval letter , and awaiting the final decision.
Thank you.
Good question – I don’t know, but I imagine if the couple is divorced the dependent spouse will not get asylum. However, I am not sure. I think they need to hire a lawyer to research the question. Good luck, Jason
Hello,
I have two questions to ask
1- I applied for Asylum in Dec 2015, Arlington office, now It’s been almost year and a half, I didn’t get any interview notice, and I’m very depressed because of this delay. Is there anything I can do to expedite the procedure
a friend of mine applied in Chicago after me in 7 months and he did interview month ago, so why the delay on my case?
2- We’re planning to move from VA to NY do I need to change my Address? does that will cost me more delay?
I would do anything to expedite the procedure.
waiting for your kindly response,
Thanks
If you have a health problem (or other problem), you can get evidence (a doctor’s note) and ask to expedite the case. They may or may not expedite, but you can try. The problem is that everyone is now asking to expedite, and so the expediting process seems not to be working, but if you have good luck, they may expedite the case. Everyone is now delayed – when your friend applied, the process was different (it changed at the end of 2014) and so probably he got an interview under the old process. If you move, and it is a permanent move, you need to change your address. This will cause your case to move. Supposedly, according to USCIS, it does not cause a delay and you keep your place in the queue. Take care, Jason
Hi Jason.
Hope you are doing well. I applied for Asylum in Dec 2012 and interviewed in June 2015, still waiting for the decision. About 3 days ago I received a call from asylum office for re-interview. They told me that you do not have to bring any document.
My question is that should I go again with my Lawyer for re-interview or Can I go without him??
Please reply.
Thanks
You do not have to go with a lawyer, but generally, it is better to go with a lawyer. I would bring all your documents even if they told you not to – it can’t hurt, and if you need something you will have it. Especially, you need to bring your passport (if you have one). Take care, Jason
Thank you so much for your advice. They told me the reason that the officer who takes my interview is no longer in here and he did not make readable notes to make a decision.
What do you think it will be the same interview that I had it before? I have to be prepare for myself just like my first interview?
Thanks
It sounds like you will have to re-do the interview. That is a real shame and a waste of time, but I guess at least you know now what to expect. Take care, Jason
I forgot to let you know that I got my withholding status through an iJ whilst I was.living in Virginia .I’m from Zimbabwe. Thanks Lydia
Hi Jason,
Thank you for your updates. I have one question. I have moved from Texas to Maryland and I was planning to change my address soon after i get my own apartment. My question is; will changing address cause delay in my waiting time? I mean will it be considered as if I just applied now?
Thanks
Supposedly, it does not. If you move, you are supposed to keep your filing date for purposes of the new queue. At least that is what USCIS says, and hopefully it is correct. Take care, Jason
Dear Jason
My husband is currently in asylum process in USA. Since starting his application we have married. I am an Irish citizen. He is going to withdraw his asylum application in USA to move to Ireland. My question is will there be any implications to him withdrawing his application i.e. will they issue a ban to him? Will there be issues if he applies for tourist visa to visit USA in the future?
Unless he violated his immigration status in some other way (like overstaying a visa), he should not have problems, especially once he has Irish citizenship. Take care, Jason
Hi Mr Dzubow,
How long is the waiting time for a decision after a person has an interview with an officer for ex-Soviet countries?
You cannot predict waiting times. It seems to me that people from Muslim countries are slower than from non-Muslim countries, but that is just based on my own cases. Take care, Jason
salam bhai,1.i was a student here since august,2009 till 2016
2.in June, 2013,i bought my wife here as a general visitor.
3. in November,2013 we have problems at back home and my wife was pregnant,so i applied through FLRO (exceptional further leave) before her visa finished.
4.in January,2014 she was refused by home office with appeal right.(in that refusal letter, home office suggested her to apply for asylum)
5.in February,2014 we appealed and won that ,judge said that decision was not according to the law and the decision remains outstanding until secretary of state issue a lawful decision.
6.in July,2014 my son was born and we havent heard anything from home office.
7.in October,2014,we all (i,my wife and son) applied for asylum.
8.on 30th April,2015 i have done my main interview at Birmingham.
9. 3rd of may,2015 we all received bio-metric enrollment letter and done it at the post office.
10.i got letter for my 2nd substantiate interview letter on 25/11/2015
11.1st of december 2015 i have done my 2nd interview.
12. i have received a refusal letter with right of appeal on my claim on 30/12/2015
13.i appealed against that decision 12/01/2016 on paper base hearing.
14.i have received a letter from HMCT as my appeal is lodged on 15th jan
15. HMCT gave the deadline to home office by 9/2/2016 for submitting any more documents.
but i havent heard anything from home office regarding my respondent bundle or any thing.
do you know when i will get my bundle as there is only few days left for the deadline? please let me know.
This is not a British asylum blog. It’s American.
oops! thanks anyway.
Sorry – I do not know about asylum in Great Britain. Good luck with your case, Jason
HI Jason,
I would like to know which is the day that I should be follow to send the form for the green card. because the I94 has a date and the letter with the I94 came to me 3 months later. so my question is I can send the form after the year on the I94?
The asylum approval should say the date that asylum was granted. This is the date for purposes of calculating the one year period; not the date on the top of the letter. Take care, Jason
Dear Jazon,
I repost again.
My spouse applied for Aslylum in october 2014, and already got the fingerprint in November 2014. she was pregnant at that time she got a baby girl since 2014 and I fully support my family from back home. Here are my questions:
1) since that time I never saw my daughter, do you think if I apply for visa while the asylum is pending the embassy will grant me a visa?
If yes witch type of visa shall I apply for.
2) do I have right to visit my daughter and my wife? If yes what could be the supporting documents at the embassy.
3) on 6 February 2016 it will be 15 months passed without getting interview, do you think that she will go again for fingerprint?
Hope this time you will get my message, thanks in advance.
The U.S. Embassy would probably think you intend to move to the U.S. and thus deny you any visa. Though if you want to try, you should apply for a b1/b2 visitor visa.
Thank you dear Thomas but any answer for question 3?
Interviews are taking up to two years, you can’t really predict. As for the fingerprints, if there was something wrong with her inetial ones, they’ll reach out to her. It’s not like it’s standard procedure to fingerprint you more than once. If they did ask her though, it just might be a sign that her case is moving. Lets hope for the best.
You can apply for a visa. Most non-immigrant visas will not be granted if the US consulate thinks you might have an intent to remain permanently in the US (B visa and F visa are two common examples). Other non-immigrant visas, like H1B, will be granted even if you have an intention to remain permanently in the US. When a person’s spouse has applied for asylum, the consulate may think you have an intention to immigrate and this may make certain visas more difficult to get (like the B and F). You do not have a right to come to the US, but you can request a visa. You wife will have to be re-printed eventually, but everyone is facing delays like this, and so everyone gets reprinted at some point. Take care, Jason
Good day dear Jazon,
I wrote to you few days ago but no answer, please I’m still waiting for your answer.
Thanks.
Maybe I missed it – feel free to re-post it. Sorry, Jason
Greeting,
I had my asylum interview 10 months ago in houston TX, yet I got no decision. Whenever I emailed them, they tell me Your case is undergoing the final review prior to decision service to you, by mail.
Do you know how long will it take them to send me my decision since I’m from Iraq.
Thank you sir
We just got a final approval yesterday for man from Iraq. His interview was in December 2013, so it was a long wait. There is no way to predict how long you will wait, and there is not much you can do to make them go faster. Many f our Iraqi clients wait more than 10 months, so I do not think your situation is unusual. You can email or contact the asylum office to check in once in a while. You can also contact the Ombudsman (a link is at right) or file a mandamus lawsuit (I wrote about that on Feb. 26, 2015). But probably your best bet is to just wait and hope for something soon. Good luck, Jason
Hi Mr Dzubow,
A question on the website functionality.
Wrote a question a day ago, cannot check the old questions.
Trying to press PREVIOUS, but takes nowhere.
I am of no help on the technical end – sorry. Maybe ask the question again and we’ll see if it works…
I was just reading some questions in asylum forum, and realized that someone did not provide any affidavit documents when his asylum case was being submitted and because of this his interview was postponed.
And this message struck me. When I applied for an asylum about a year ago, I did not have any supporting documents at that time and my lawyer said it will be ok to bring all supporting documents to the interview.
Do you think it was ok to submit my story only and to bring all my affidavit and evidences to the interview or shall I need to send them at least something?
Thanks again.
You have to submit the documents BEFORE the interview. In my local office (Virginia), you must submit them one week before the interview; other offices might have a different rule. However, if you just bring them on the day of the interview, the asylum office could reject them. Hopefully, your lawyer knows the rule at your local office. If not, it’s time to find a new lawyer. Take care, Jason
Thanks for your valuable advice.
I think you are right about the lawyer.
Hi Jason,
I applied for asylum along with my wife from PA. The timeline for our application is as follows:
Application applied May 27, 2015 (Newark Asylum Office)
Acknowledgement of receipt: June 03, 2015
Biometrics done: June 16, 2015
Completion of 150 Days – November 03,2015 (application applied)
Receipt for I-765 – November 17, 2015
Transfer Notice: November 16, 2015 (Nebraska Service Center)
Changed my address – January 21, 2016 – letter received from (Newark Asylum Office) – DONE
Again, I have the same question how long should I wait in order to get my first EAD, or you think it’s a good idea to ask for Interim EAD since I’ve been waiting for so long. Suggest.
Our office does not issue an interim EAD and I believe no USCIS office does this, even though the rules say the do. There is no harm in asking, of course. EADs seem to take about 4 months, so you should receive yours in the next month or so. Take care, Jason
Jason,
So today i got an update on USCIS website that my new card is being produced, but my wife’s application says that her name was updated, since neither us nor our lawyer anything to do with the name, do you have any idea ,what does this mean? Also, i am the prime applicant, is it just a technical glitch?
I don’t know. You might try calling USCIS or making an InfoPass appointment to go in person to ask. Otherwise, you can wait for the card and see whether the name is correct. If it is wrong, there is a process to get a corrected EAD. Of course it is probably slow. Take care, Jason
Hi, Jason it’s Han again, I am finally currently facing unemployment due to my delay of my New EAD card.My lawyer messed up he filed first timeon12/05/15 with incorrect fee, so it was returned, and I filed again on Jan 5,2016. And my expedition date is 03/29/2016. It’s no way for me to get the EAD on time I know, but unfortunately, my company need me to provide new card if not I will not be able to work after 03/28/2016.So basically I worked so hard for these past 7 months, and finally passed my temporary position and I am facing unemployment,and I really think It’s not fair to me.I suffered a lot when I just came to the US,no able to work, it’s hard for me to experience it again. Is there anyway I can contact USCIS to issue out any statement?Or expedite my EAD, if I could how should I do it? Because apparently my lawyer’s statement doesn’t work well. Jason, Thank you kindly! I really appreciate it.
We have had no luck expediting EADs. The rules will change soon, which will reduce this problem (see my blog post from last week). However, that does not help you now. I recommend you try anyway, make an InfoPass appointment with USCIS and go ask. Ask to talk to a supervisor. Bring a letter from your employer. You can also try the Ombudsman (a link is at the right), but they generally move too slow to help in a case like yours. You could offer to the employer to work as an unpaid intern, which is allowed, and when the card arrives, they can “re-hire” you. Good luck, Jason
Thank you, I will make an appointment and let my employer know.