Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
I’m on a pending asylum. I’ve applied in 2017 and legally entered US border. I obviously work and it is W2. Can my employer file for a Green Card for me? and If yes, can I get the Card here in the States.
Thank you.
Dong.
Most people in your situation would need to leave the US to get a GC based on employment, but it depends on the case. I did a couple posts about this on August 28, 2018 and September 7, 2018 – maybe those would help. But if you think you want to try this, you will need to talk to a lawyer to see whether it is possible in your specific case. Take care, Jason
Hi Jason
I got a green card through asylum. I want to go home for at least a week to see my seriously sick parent. I have my RTD and also an unexpired Home country passport. Can I travel to my home country alone as my spouse and kids stay here in US? I can bring back with proof about my parent situation and show at the port of entry to be readmitted in the US.
Please reply at your earliest convenience.
Thanks
ALISA
Dear Jason,
Is there a law that an asylee can become a US citizen once he has a US citizen child here?
There is no benefit to have a US citizen at all. It doesn’t matter in which status you are.
There is no such law. If you are an asylee (meaning asylum was granted), you can apply for a green card based on asylum, and eventually become a US citizen that way. Take care, Jason
Hello Jason,
I am in a removal process, I married USA citizen and got my i-130 approval last November after interview. Now waiting for my court Individual hearing on August 2021 to AOS (i-485). We are married almost 3 years and I am eligible for adjusting the status. Our relation now is not the best and we are separate for almost a month.
Will this separation effect my i-485? And does I need my spouse to appear with me on my court date?
Thank you.
It likely will affect the case, and you would normally need your spouse at the court hearing. Hopefully you have a lawyer, and if so, you should talk to the lawyer as soon as possible to decide how to proceed. Maybe you can ask for a continuance of the case, or maybe there is some other type of relief you can apply for in court. But evidence is normally due 30 days before the court date, so you do not have a lot of time. Take care, Jason
Hi Jason
I got green card through asylum. I want to go home for atleast a week to see my seriously sick parent. I have my RTD and also an unexpired Home country passport. Can I travel to home country alone as my spouse and kids stay here in US? I can bring back with proof about my parent situation and can show at the port of entry so that I can be readmitted in US.
Please reply at your earliest convenience.
Thanks
ALISA
I wrote about this on January 6, 2016 – maybe that would help. It is a risk, but if you have evidence of your reason for traveling and how you stayed safe, that should help you in case you are asked about your trip. Take care, Jason
Hello Mr Jason
I lost my I-797 form (Notice of Acton) which comes with Employment Authorization, and as result I couldn’t renew my Driver License. How can I get a copy of my I-797 Form?
Maybe if you call USCIS at 800-375-5283, you can get them to send another copy. You could also request a copy via a Freedom of Information Act request, but that will take months. Maybe your better bet, if you paid by check, is to get a copy of the cashed check, which has your receipt number on the back, and you can show that to the DMV with a printout from the USCIS website and your old card. I do not know whether that would work, but at least you can get that quickly. Take care, Jason
Hi Jason, my asylem approved may 2021 and submitted I-730 form August 2021 to bring my spouse and children who are overseas. How long does it take the process in uscis and NVC?
It is not fast – most I-730 petitions take 1 to 2 years. Consular processing varies by country, but it has been slow in many places due to Covid. I wrote about expediting with USCIS (which maybe could help with the I-730) in January 2020, if you are interested in that. Take care, Jason
My EAD expired in September 2019 and I applied for renewal in March 2021. How long will it take to get the new EAD? USCIS website says 3-6 months for Nebraska office. But is that information accurate or can it take longer? Thanks.
It took me 4 months. Good luck!
That is probably about right, but some cases are slower (and I suppose rare cases are faster). Take care, Jason
Dear Jeson
I have been on pending asylum waiting for interview but still nothing .I applied 2008 over 10 years now just renewing my EAD every 2years & paying taxes …is there any path to a greenCard
Based on my longer wait I mean over 10years .
Thank you !
I’m not a lawyer, but besides “marriage GC” nothing that you can do….but ask a lawyer, cause maybe your situation is different. But there isno program that will give you a GC IF U WAIT A LONG TIME…unfortunately…unfortunately
That is a very long time – you might email the asylum office to inquire. You can find their email if you follow the link under Resources called Asylum Office Locator. In terms of being here 10+ years, there is something called Cancellation of Removal, but you must be in immigration court, and there are other requirements besides being here for 10+ years. Talk to a lawyer about that, but again, it is only for people in immigration court. Take care, Jason
Hello Jason, I have 3 questions please,
1.I applied to renew my EAD NOV/2020, which expired 03/21 and till now didn’t receive anything, What can I do to expedite it ?
2.Last APR/2021 my pending asylum’s referred to Immigration court after 2 weeks of my interview ( MIAMI OFFICE ) , Is there any way to call the IM to schedule , if not How long do you think does it take?
3.I’ve been trying to call USCIS @ 1 (800) 375-5283 for the last 3 months , but I notice they cancel the option that route your call to a real person, representative , I tried all options but no luck , Is there any other number or way to reach someone there ?
Thank you Jason
1 – Delays from last fall are a real mess, and this seems particularly bad. You can call them: 800-375-5283. You can also make a request with the USCIS Ombudsman (a link is under Resources), as they sometimes help with a delayed case. Also, there is another link called USCIS Help, where you can put a request in on-line. 2 – Sometimes it takes months to get a case scheduled. I am not sure there is much you can do. There are links under Resources to the Immigration Court and DHS Office of the Chief Counsel – both play a role in scheduling the case, and so you can call them to ask. I just think this won’t get you anywhere, and that you just have to wait. 3 – That is the number – you have to play around with it to reach a real person. It is not easy, but maybe you can indicate that it is an emergency, since you will soon lose your ability to work. Take care, Jason
Hi Jason. I have pending asylum case. I got emergency advance parole to visit 3rd country. Officer specially mentioned where I am going on advance parole. Can I visit another 3rd country before return the USA?
The AP document allows you to return to the US, so it does not matter where you travel too (or the countries you listed on the form I-131). Of course, you should not go to the home country, and I guess if you travel to a place not listed on the form, you should be prepared to explain why you went there (i.e., you did not know you had to go there when you filled the form, but then your plans changed). I have never heard about anyone being questioned about that, but it does not hurt to be prepared to explain yourself if need be. Take care, Jason
Hello Jason. I want to ask a question. I missed my biometrics appointment for my I-485 form. The date has passed. I called the office they said they cannot reschedule and I have to wait for a note from them. The auto reply says that is it’s the first time for rescheduling I will receive an automatic rescheduled date from USCIS. But I am very concerned. Will they deny my case connected with this?
Thanks in advance.
I think they will reschedule you, but besides calling, I am not sure what else you can do. I guess even though the date has passed, you can send in the appointment letter requesting that they reschedule. There should be info about rescheduling on the appointment letter itself. Take care, Jason
Hi Jason. My friend had interview at local office today. Officer mostly asked about how entered the USA. He came with B2 visa and He didn’t mention about asylum to the officer. He said that I am here for vacation with my family. The reason why to avoid any problem. However today after interview He thinks asylum officer will deny the case for that reason. Because officer said You know that you’re gonna apply but You told lie at the airport. My friend always said that is not true even I applied just after 10 days when he entered. He didn’t accept and said I just thought USA will be safer than my country that’s why I talked with attorney and attorney said you have strong history if you don’t want to go back , best way is asylum. My friends thinks officer didn’t convince.
1.
My question is that Do asylum seekers have to tell officer at the airport?
2.
Do you think my friend will get denied for this reason?
3.
I did same think and didn’t tell officer I wanna apply for asylum. When they call me for interview what is the best way to explain? I applied after 2 weeks.
4.
Is it legal to deny an application for this reason?
5.
If someone says I wanna apply for asylum, what it’s gonna be.
1 – They have to tell the truth, but for most people, the truth is that they do not know whether they want to apply for asylum. They first have to see what things are like in the US, or they have to talk to a lawyer, or think about their decision. And so I think most people can truthfully say that they are coming to visit a friend or relative, or whatever the reason is. Later, if they decide to seek asylum, they can do that. 2 – I think if the officer was going to grant the case, the fact that your friend “lied” at the airport would not normally be enough to change that grant to a denial. 3 – See # 1. 4 – Maybe, but it would not normally be a reason to deny a case that would otherwise be approved. 5 – If you say that at the airport, you would likely be detained, given a credible fear interview (an initial evaluation of asylum eligibility), and then either deported or allowed to do your asylum case in court. While you do your case in court, you may or may not remain in detention. In short, it is a better idea to enter the US and apply for asylum once you are here, rather than ask for asylum at the airport. Take care, Jason
Hi Jason
I had asylum interview the end of 2020 still I haven’t received a decision my lawyer he emailed asylum office about a decision 2 months ago they respond that my case in final decision.
My question to you what does it mean final decision?
My second question is some people the get a decision within 2 weeks so I don’t why my takes to long
Thank you
Jason
Some cases are decided quickly while others takes many months (or even years). It is not predictable and often involves a delayed security background check. I think I’ve had about 8 or 10 interviews in 2021, and only received 2 decisions so far. You can email them periodically to check in, and you can also inquire with the USCIS Ombudsman (there is a link under Resources), which sometimes helps with delayed cases. Eventually, you can try a mandamus lawsuit (we wrote about that on October 2, 2018), but I think it is too soon for that – you can ask what your lawyer thinks. Take care, Jason
Hi Mr. Jason
I have my Asylum interview after 2 weeks from now at NJ .
In my story that I have submitted at the time of filing the application I experienced some injures after attack but I didn’t mention that I went to the hospital to be treated although I have a hospital certificate at the time of the injury so I am thinking to add a sublemental to my story and add that point of “going to the hospital” and provide that at the time of the interview.
Does that something not good ? I am curious what I shall answer if my officer asked me why you didn’t write that in the first statement when you submitted your application? In fact I have no answer or may be because at that time I was not familiar that the details shall be written how do you think the best answer I shall mention to him just in case ?
Another question how do you think about NEWARK asylum office officers are they hard or good ?
Thank you
I think you can do that. In my opinion, it is better to submit a complete statement with the original info and any new info. That is less confusing than having two statements (I think not all lawyers would agree with my opinion on this point). You should be prepared to explain why you did not mention the hospital (or any other new details). It seems to me, if you did this by yourself, you can just explain that you did not think that piece of information was very important, , but (maybe after talking to people or learning more online), you want to include it. I do not think that should be a problem. In terms of Newark, I have had pretty good luck there, and so I think that office is fine. Good luck, Jason
Hi Jason ,
Recently I have received an email also case status says “Decision was mailed you should receive it shortly “ Now its the beginning of second week but I haven’t received the mail . Any idea how long does it takes to reach the mail to me.
Also is there anyway I can inquire about it or should I wait further. Your feedback will really be appreciated.
Best Regards,
Murad S.
I am not surprised it has taken a couple weeks, but you should get it soon. I think there is no harm in emailing them, especially if you have an concern that they do not have your current address. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thanks Jason , I really appreciate your feedback gives some courage and a sense of patience as well . They do have my current address as we recently got our kids fingerprints letter on the same mailbox address. I would wait another week and then write an email to inquire about it. I hope to see a positive decision.
Well I’m really grateful for your help and assistance to everyone who’s in need lots of blessings for you & your family.
Best Regards,
Murad S.
Hi Jason,
I FIRED(signed everything)my lawyer for being a sketch bag…my court is in 2022 and the question is, do I have to notify court that I fired my lawyer or not? I’m looking for the new lawyer and just want to know if I have to do something with the court cluncel, notify or anything. Thank you.
The old lawyer should withdraw from the case. The old lawyer should withdraw in a way that does not prejudice (hurt) your case. You can ask the old lawyer if he/she has withdrawn and for a copy of the withdrawal papers. If the withdrawal papers do prejudice your case (by saying something bad about you), you can tell the lawyer to correct that or state that you will file a bar complaint and a civil lawsuit. I suppose you can inform the court yourself that the lawyer has withdrawn, but normally that is not necessary. In addition, once you have a new lawyer, that lawyer can enter their name in your case. Take care, Jason
Hi Jason
Hope you are having a good day
My question is , when your asylum case gets transferred to court, the work authorization goes ander what category? And how long before the one I have expires I can apply for new one? My old one was based on pending asylum…..how much is the fees? thanks so much in advance….
If the case is referred to court, everything is the same in terms of the EAD (except you have to give a copy of your most recent court order as proof of the pending case). The fee is $495 unless you are a member of ASAP or Casa de Maryland – I wrote about those organizations with links on September 23, 2020. Take care, Jason
Thanks Jason, but how long before my current work authorization expires I can send in the renewal application…… again thanks for your help
The earliest you can renew an EAD is 180 days before the current card expires. Take care, Jason
Jason,
I am a permanent resident through asylum. I petitioned for my wife I 730 immediately after I was granted asylum in 2016 but i haven’t received a decision on the I 730 yet (almost 5 years). I have also a pending i 130 since may of 2020 submitted right after I was granted permanent residency. My wife has a pending asylum submitted in 2015 . We have been married since 2015 and have two kids born here. The regime in the country she fled changed and she may no longer has a credible fear. However, she just got a notice to appear for interview after 6 years of waiting. What should we do? Thank you so much in advance.
She should go. But she should bring evidence of the I-730, and see if there is anything they can do about that. Also, bring evidence of your status and her I-130. Finally, she should prepare for the interview normally – just because country conditions have changed does not mean she will automatically lose. I have no idea why an I-730 would be held up so long, but I think she should be prepared to present her own case and the I-730 case (which is basically just to prove that she is your wife and you were married before your asylum case was granted, and that she has no ineligibility issues, like criminal convictions). Hopefully, the opportunity to speak with someone in person will help resolve the case. Take care, Jason
Dear Jason,
Thank you so much for responding quick.
Hi Jason,
I have applied asylum June 2013 and been interviewed at New York Asylum office 2015 . Since then my case is pending with New York Asylum office . I sent many many follow up letters and also I went to my local Congressman . All the times Asylum office replied me either we need additional review or need more inquire . I have been invested by HSI regarding my political party ( My political party is under Tier -3) . Beginning of this month Asylum office wrote me , within 15 days I should receive my decision, correspondence or any action of notice . Today I received a random email from uscis that my case status is initial review and uscis online case status is pending application . Before it was decision pending . In this regards I want to know is there way to take my case In immigration court . And why my case is pending since long (8 years) .I want advice regarding my issue .
The problem with cases where there is a “material support” of terrorism issue is that they take forever. In this case, is sounds like the US government potentially views your party as a terrorism organization. Some such cases were put on an indefinite hold – meaning, USCIS will simply not issue a decision. Supposedly, they are waiting for guidance in the form of new regulations, but this process has been ongoing for 10 or 15 years, and so I do not know that they have any intention of resolving it. It may be that your only real option at this point is to file a mandamus lawsuit – we wrote about that on October 2, 2018. If USCIS cannot grant the case, they should refer you to court where you should be able to get a decision (eventually), since court cases do not seem to be delayed indefinitely like Asylum Office cases. Good luck, Jason
Thank you for your replied . I would like to file for mandamus lawsuit as per your advice because according to the court my political party is not TIER 3 and there is federal court judgement that Bangladesh BNP is not terrorist political party as we formed Bangladesh 3 times and we were opposition 2 times . Beginning of this month NY asylum office sent me letter that my decision should receive within 15 days but I received letter that my case status under initial review . My case is unique and true and interview was very satisfactory. Can you please help me to find out a good knowledgeable Mandamus Attorney in New York ?
I cannot assist with finding a lawyer, but a good starting place is AILA.org. You might also reach out to local non-profits for recommendations. I did a post with links to non profits on September 22, 2016. Take care, Jason
Good morning Jason.
I applied for an asylum in 2017 and I had never been called for an interview.is it possible for me to travel to Canada and if yes which document should I apply for to enable me travel outside America.
Thank you Jason.
If your case is still pending at the asylum office, you probably need Advance Parole (unless you have a visa like an H1b that allows you to return to the US – but if you plan to do that, talk to a lawyer first to make sure it is safe). I wrote about AP on September 11, 2017. You also need a passport and a visa for Canada. Take care, Jason
Good morning Jason,
I applied for an asylum in 2017 and I had been called for an interview.So my question ,is it possible to travel to Canada ?and if yes which document should I apply for.
Thank you Jason for what you have been doing.
It is very simple answer. You need advance parole. But to get it you need a good reason. Also there is processing time. Google it
If your case is still pending at the asylum office, you probably need Advance Parole (unless you have a visa like an H1b that allows you to return to the US – but if you plan to do that, talk to a lawyer first to make sure it is safe). I wrote about AP on September 11, 2017. You also need a passport and a visa for Canada. Take care, Jason
Jason, I have 2 questions:
1. Did processing times change for an EAD for approved asylum at the court?
I think it used to be up to 30 months now it is showing as – 1 Week to 9.5 Months.
2. What does “Receipt date for a case inquiry” mean in processing times table?
Thanks.
1 – I do not know, but processing times change frequently, and so it would not be surprising. If you win a court case, you have to apply for an EAD – you can Google “post order instructions in immigration court” to get an idea about that. 2 – I guess it means that after that date, you can make an inquiry. Take care, Jason
Hi Jason,
Recent rulings by the BIA, the 4th, 5th, and 9th Circuit Courts of Appeals (most notably “Matter of N-A-I” by the 5th) have made it very clear that once an asylee or refugee adjusts to Legal Permanent Resident (LPR), such individual completely loses any sort of underlying asylum status along with those protections, ie., an LPR who used to be an asylee could now be deported for certain offenses to his country of persecution since they’re no longer an asylee.
My question is about whether or not it’s OK for “asylum LPRs” to use their home countries’ passports once they have obtained their Green Cards. The Fourth Circuit Court of Appeals in “Mahmood vs Sessions” said, quote, “an asylee who adjusts status under section 209(b) obtains significant benefits, including […] the right to travel outside of the United States without the advance permission of a refugee travel document.” Also, in 2005, in reply to a letter from the USCIS’s ombudsman’s suggesting the Refugee Travel Document’s validity be increased to 10 years, DHS admitted the RTD is not meant for refugees/asylees to use after they have adjusted status, which usually takes one year from admission to the US, (the reason the RTD is only valid for one year). Why is it then that most immigration attorneys still advise against renewing and using a Passport? How can an “asylee LPR” not have the same protections of asylum while still being subjected to the same restrictions of asylum? It’s a double standard.
The Refugee Travel document in its current form is incredibly limiting not only because of its short validity but because of the ridiculous long time it takes to obtain. It took me 10 months to get the last one, when I could make an appointment at my local consulate and get a passport the same day. Add to this having to obtain a visa to visit certain countries and the US RTD is nearly useless for frequent travel. It seems like an unnecessary burden placed on “asylee LPRs” especially in view 3 different Courts of Appeal and the BIA’s own understanding of the fact that once an asylee/refugee adjusts to LPR, they are no longer an asylee in any shape or form, nor do they have an “underlying” claim of asylum as some DHS documentation seems to suggest. As a side note, my original asylum case was not based on persecution by the government, but rather the fact it would have been life-threatening to live in my home country due to several reasons.
What’s your take on this? Thank you in advance.
Essentially, an “asylee LPR” loses the advantages of being an asylee (primarily eligibility for the INA 209 waiver), but does not give up the obligations of being an asylee (most importantly, the ability to use the home country passport without any risk). I agree that this is unfair, but it is still the way things are. If you use your home country passport, the US government might question whether this indicates that the original asylum case was fake. In your specific case, where you do not fear the home government, you can explain your situation and that will probably be fine. I have had many clients travel with their passport for the reasons you explain (that the RTD sucks) and they have not had any major problems. That said, it is better to use the RTD if you can. As you state, there was talk of making the RTD valid for 10 years, which is a good idea, but so far, I have not heard anything about reviving this plan. Take care, Jason
Hi Jason,
The processing time is too slow for I-140; EB2-NIW. Is it eligible for expedite? Thank you. Your support is always appreciated.
I suppose you can try to expedite – I wrote about that on January 29, 2020. However, an NIW case is not eligible for premium processing, which is the normal way to make an employment-based case faster. Take care, Jason
Hi Jason,
Congratulations on your book! I just ordered it and I am very excited to read it.
My question today is about the travel document issued by USIC. I recently received my travel document which I applied for 9 months ago, and I will be only able to use it for 6 months (almost all countries require you to have a travel document that is valid for at least 6 month to be able to enter)
I have important travel plans in about 8 months from now so my current travel document will not be useful at that time.
My questions is:
Can I apply for a new travel document from now while keeping the one I have (which is still valid) and return it to USCIS when they process my new I-131 application few months from now? or will USCIS reject my application for a new travel document for having a valid one?
Thanks,
Thank you. I am assuming you mean the Refugee Travel Document (for people already granted asylum). Unfortunately, this document takes a long time to get, is only valid for one year, and if you want to renew it, and your old RTD is still valid, you are required to mail the original RTD to USCIS when you renew. This is obviously idiotic, and I am hoping that the new Administration will extend the validity period to 5 or 10 years. In any case, because of all these issues, many people use their passports to visit other countries and only use the RTD to re-enter the US. This is not ideal, especially if your home government has persecuted you. However, there is often little choice and I have not heard about anyone having a problem for using the passport (though I have heard about such people being questioned by CBP or USCIS – and they have to explain why they used the passport). Take care, Jason
Hi Jason – Can you pls share link to your book so we can buy it?
…And i would request, to all here to buy & leave great feedback for Jason’s book. This the least we can do for his great services 🙂
Thanks!
Thank you – The blog post from a few days ago has links, and here it is as well: https://www.amazon.com/Asylumist-Asylum-United-States-Sanity/dp/1736479954/ref=sr_1_1?dchild=1&keywords=asylumist&qid=1621503966&sr=8-1. Take care, Jason
Hi Jason – Bought your book and started reading…Wonderful work!!!
Thank you, Jason
I filed for renewing my EAD and got the notice of action date 3/21/2021 that extends my employment 180 days. The question is if I do not receive the new card on time, what happens next? do they send you another extension?
Also, the USCIS website says the processing of EAD at the Nebraska Center takes 3-6 months, does anybody have experience on how much it actually took him/her to get theirs?
Take care! (I’m using your words, Jason)
Unfortunately, if you do not receive the new EAD before the 180 day extension ends, you are not eligible to work legally (assuming you have your EAD based on asylum pending). We are seeing all different wait times. Anywhere from a month (rarely) to 7 months or more, but most cases seem to be in the 4 to 7 month range. Sincerely (you made me change my words), Jason
I applied for an EAD under new category-granted asylum in Oct 2020. My status as of now is fingerprints applied. For those who have granted asylum wait time is up to 30 months, probably they assume that we can work without it but unfortunately most employers are not aware of the fact that asylees can work without an EAD neither do DMVs. DMV did not extend my Drivers License when I showed them my i94 granted asylum card. This is a sad joke.
Maybe this link will help: https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees. Take care, Jason
Hello Jason,
Hope all is well!
I have a pending asylum case, recently i got a job offer and moving from California state to NY. My question, should I change my address or just keep it as it is(since my close friend still lives in Cali) or I have to change my mailing address to the new state. My lawyer told me its up to you, you can keep your mailing address as it is or update your address and the case will transfer to NY. I feel keeping my case in cali will have better outcomes.
Let me know if that is fine or i have to update my address.
Thank you so much
Samir
The NY office is not great (especially compared to San Francisco), but other than that, it is better to change your address. Indeed, you are required to update your address and if you do not do so, it could cause problems for your case. In this situation, if you keep the case in CA, you will need to explain why your “permanent” address is in CA but your job is in NY. This might look suspicious. If you return frequently to CA, and maybe keep a driver’s license there, or pay taxes there, this will be easier to explain, but if your whole like is in NY and you do the interview in CA, it could cause problems, including having the case denied. Take care, Jason
Hello Jason
Thanks very much for helping people like me , i have one question / Is the interview for the green card for asylee is compulsory or randomly.
USCIS announced that everyone would be interviewed for the GC, but it seems not to have happened that way. Most dependent asylees seem to get interviews; most principals do not get interviews (though some do). I do not know that it is random – if there are issues in your case, such as arrests or immigration violations, maybe that makes an interview more likely. From what I can tell, though, some cases do seem to be randomly selected for interviews, but maybe USCIS has its reasons. Take care, Jason
Hi Mr.Jason,
I am a Coptic Christian from Egypt and came in USA ,NJ on February,2019 after I have faced a physical and sociological violence attack which happened to me in January 2020 as a part of the violence against the Coptic people in Egypt.
I have my interview scheduled on august 5,2021 I was just reviewing my I589 and there was a question as follow :after you felt the country where you harmed did you return to that country ??
I have answered yes because I came to USA 2 times in 2017 and 2018 however I am quite stressful so I am thinking a lot as I am blaming myself that I shall answer No as the harm that I faced happened in January 2019 before I fled the country and I never returned back to my country after that time.
How do you think? Is it a problem? Thank you
Hi Mr.Jason,
I am a Coptic Christian from Egypt and came in USA ,NJ on February,2019 after I have faced a physical and sociological violence attack which happened to me in January 2019 as a part of the violence against the Coptic people in Egypt.
I have my interview scheduled on august 5,2021 I was just reviewing my I589 and there was a question as follow :after you felt the country where you harmed did you return to that country ??
I have answered yes because I came to USA 2 times in 2017 and 2018 however I am quite stressful so I am thinking a lot as I am blaming myself that I shall answer No as the harm that I faced happened in January 2019 before I fled the country and I never returned back to my country after that time.
How do you think? Is it a problem? Thank you
I think it is not a problem at all. This is very common and we see it a lot – a person came to the US several times, but then something bad happened in the home country and it is no longer safe to return, so they apply for asylum. You just need to explain that and you should be fine. Take care, Jason
Jason, when can I start inquiring about my EAD? I applied for an EAD under new category – granted asylum in November 2020. The current status is Fingerprints applied as of Feb 1st 2021.
Thank you.
Currently on USCIS, it show processing time for EAD based on Approved Asylee is 1 week – 30.5 months and they are processing the applications of November 2018. Looks like we cannot do anything at this time except to wait 😔☹️😫
I think you can inquire – there is no harm in that. Plus, their “processing times” are a sad joke, especially in a case like this. Take care, Jason
You can inquire now – if you won asylum at the asylum office, they should have sent you an EAD at that time. But if you filed for an EAD in November, although it is probably still within the processing time, I think you can try to inquire. Maybe do that online, as it is easier – follow the link under Resources called USCIS Help and you can inquire there. Also, of course, you are eligible to work as an asylee even without the EAD. Take care, Jason
Thanks All for yor feedback.
Jason hello,
How does immi court work now? Do people still go In-person or majority of cases are over the phone(zoom)?
Most of my cases have been canceled, but the few that went were forward were in person. Some courts may be doing video hearings, especially for detained cases, which were often done by video even before the pandemic. I expect that through the summer more and more courts will be open, but I think they will still encourage people to submit written pleadings for Master Calendar Hearings, since it will be difficult to resume those as they were pre-pandemic. Take care, Jason
I submitted my asylum application since April 2017 and currently my case status online shows awaiting interview. I have renewed my work authorization twice. I have filed for expedited interview but I am still awaiting interview. Do you have any idea if the Houston Asylum Office have started interviewing old cases or is there any movement at all on cases around that year?
Hey, my case was in Multiple states and i was in the backlog(2015) and NYC was doing LIFO, but somehow they picked my case and couple other ppl from 2015.
I didn’t ask to expedite or anything.
You may get lucky! Just keep checking and don’t give up.
I do not know, as I’ve only had a few cases there, and nothing since the pandemic. Most offices seem to be opening up to some extent, but I do not know how many cases they are interviewing there or whether they are interviewing old cases. You might try emailing them to ask: You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason, Can Asylees with approved asylum apply for Jobs at USCIS? Like administrative and officers jobs? If they are legally allowed to do that, is there any biases against them?
Many immigrants work at USCIS, but they may need to be US citizens to get a job there. I am not sure about the requirements. I doubt there is a bias against immigrants working at USCIS, but I do not know for sure. Take care, Jason
Appreciate your help to the community, Jason!
My question is on Cancellation of Removal (COR):
– If COR approved, applicant get GC or something else?
– Upon approval, GC is immediate or has to wait?
– What is considered as Hardships (per court standard) & what evidences need to prove Hardship?
– Do you handle such cases? In your opinion, chances of winning depend on what?
Thanks!
1 – He gets a GC. 2 – there may be a wait, as there are a limited number of GCs available, and if you are approved, they put you in a queue. Last time I did this, I think it took maybe 1.5 years or so. 3 – It could be a health issue, danger in the home country, lots of stuff. Sometimes, you have to be creative. 4 – I do; where there are serious health issues for the relative, the chances of winning are usually pretty decent, as long as the non-citizen does not have criminal issues or other negative factors. Take care, Jason
Hi Jason – In a case related to COR:
1. If COR approved; spouse also gets GC? If not, then whats the process for GC for spouse ?
2. If COR filed on basis of USC Kids; do kids need to visit court or Asylum office (age 12 or under)?
3. If COR rejected by Immi court then how appeal works?
Thanks a lot!
You need to talk to a lawyer about this. If you cannot afford a lawyer, I did a post about finding a free lawyer on September 22, 2016. As to your questions: 1 – no, the spouse needs to file his/her own application for COR or something else. 2 – Probably not, but it depends on the case and you would want to discuss with a lawyer. 3 – You can file an appeal with the BIA and that court will review the case to determine if the judge made an error. Take care, Jason
Thanks Jason!
In case of COR approval for the main applicant, what happens to the beneficiaries on the application?
Do they get anything? If not, what they can do?
Regards!
COR is only for the person who applies for that. It does not help the dependents. They can apply separately for COR or some other type of relief, but they may not qualify depending on the situation. It is definitely a situation where you need to talk to a lawyer to decide how to proceed for everyone in the family. Take care, Jason
Hello Jason – Could you please help with beow:
1. If one marries after Asylum approval. Can he apply for GC after one year for spouse too and they both ‘ll get GC at same time?
2. If Asylum denied at IMH, can EAD still be renewed? How it works with appeal?
Thanks!
1 – An asylee can only apply for a spouse to get asylum (using form I-730) if the marriage was entered into before asylum was granted. So if you win asylum, and then marry, you cannot file for your spouse. Once you have a GC, you can file for a spouse, but unless they are in the US with lawful status, they would probably need to get their GC overseas. 2 – If a case is denied by the Immigration Court and you appeal to the BIA, you can continue to renew your EAD as before, as long as the BIA appeal is pending. Take care, Jason
1- What happenes if spouse/kids are in US but out of status
For an I-730, even someone out of status can benefit and still get asylum status, but it depends on the case, and so talk to a lawyer to be sure. Take care, Jason
Thanks Jason!
1- If spouse & kids listed as beneficiaries on the application; they’ll also get asylum granted like the applicant? They can also apply for GC after 1 year?
If they were dependents on the case, meaning that they were in the US, submitted a signed page 9 of the I-589 with your asylum application, and they attended the interview, then they should also have received asylum at the same time as you and they are eligible to apply for the GC after one year of physical presence in the US. Take care, Jason
Thanks Jason!
As far as “Apply for the GC after one year of physical presence in the US” …Is it same for applying after approval from Asylum office Vs approval from Immi court? In both cases, after approval one has to wait for 1 year to apply for the the GC? Or its different if approval was from court?
It is the same. But you have to be physically present in the US for one full year, so if you take a vacation outside the US for 2 weeks, you have to wait 1 year + 2 weeks before you apply for the GC. Take care, Jason
Thanks Jason! Do Dependents also need to attend the interview? Kids dependent too?
If they are part of the case (meaning they are actually dependents on the case and they submit a signed page 9 of the I-589 with their photo and they were fingerprinted), they must attend. Mostly, they are just asked the “bar” questions, like “Are you a criminal?” “Are you a terrorist?” Even small children are often asked these questions, which is ridiculous but sometimes entertaining. Take care, Jason
Is there anyone out there who applied to renew his/her TPS but still did not get a notice from USCIS. Please if anyone who applied for tps renewal, plz share your experience. Thank you so much
my husband received a notice 2 days ago, so just wait
My EAD Renewal timeline:
Probably 4th EAD renewal(Asylum), but my 1st renewal under new category(COURT CASE).
January 24,2021, case received by USCIS
May 5,2021 case was approved
And it took them 4 days to change from approved to send to the destination. And it took 2days for EAD to arrive.
I will be honest, this is the fastest renewal, usually it takes them 5-6 months….
I also use the app on iPhone, “Case Tracker”. It’s not an advertisement, but the app is helpful cause the moment your status change, it will send you a Notification. Even USCIS online account, is not that quick, but should be.
Jason you are awesome as always, you are the only one who does a tremendous job by providing free advices and giving that so much needed HOPE to Asylum seekers and refugees!
Chris, thanks for sharing.
I also applied for an EAD in Nov 2020 under new category- granted asylum by IJ.
My current case status – Fingerprints were applied as of Feb 1 2021.
Can u tell us more about your INDIVIDUAL HEARING experience? What court and etc. How did it go? Was it harder than in the office or easier? Thank you!
Hi Jason I have question about my travel documents I am approve asylee which travel document I apply I have some option available in form I131 advance payroll, RE ENTRY PERMIT, refugee or asylee travel document so I am confuse what is the right one bcz all are different fee please tell me thanks have a good day
If asylum is approved, you would apply for the Refugee Travel Document using form I-131, available at http://www.uscis.gov. Take care, Jason
Dear Jason – How long it takes to get the RTD? With RTD can you travel to your home country or its for other countries only? Any issues entering back with RTD?
Like everything else, it is slow these days – maybe 4 to 6 months. You can use it to go to your home country, but that might create problems for you when you return to the US. I wrote about this issue on January 6, 2016. Take care, Jason
Hi Jason,
So this is my story.
I have a pending asylum since 2019. I came to the US on a tourist visa and have no legal status. My wife and kids are back in my home country. And today I found out that my wife won a DV Lottery.
Can my wife and kids go to the embassy for a DV Lottery interview and I can go thru adjustment of status here in the US?
Thank you in advance.
To ALI
You can’t because you don’t have legal status. You have to leave US to get green card. So if your wife transfer the case after to 3rd county, You can join them and get it at the same time.
Ali let your wife file her DS 260 and get their visa and come here to join you and don’t worry if you don’t get your asylum interview yet ,your family is already in USA through DV and this is good news.you can do everything with her and continue to have children.don’t try to go back to another country for that .stay here in USA .my wife win too and she is here with me and I don’t move anywhere for that and we are here to enjoy our life.
And, even if the lottery does not work for you, eventually, your wife will be a US citizen, and at that point, you can probably get a GC from her without leaving the US. Given how slow the asylum process is, she will probably be a citizen before your case is completed. Take care, Jason
Your wife and children should be able to take advantage of the lottery, but I do not think you can (there are exceptions, so talk to a lawyer). I wrote about this issue on October 5, 2015. Take care, Jason
Jason, Joe and Asylum,
Thank you everyone for your responses.
You’re gonna regret if you don’t get green card with your family. Yes They can get it and meet you in US . However You can’t go outside the US without advance parole while in asylum pending. Why I am telling you because same history happened to my uncle. He was at his home country. Wife and son were in US pending asylum. He won DV lottery and came US. But problems started after that. It has been 4 years still they fight with immigration. It was big mistake for them. He is able to go outside US anytime but family still stuck in US. Just try to do it at 3rd country together and don’t get risk. When you have interview at consular section, You can get emergency advance parole easily. By the way If you don’t have any plan to leave US in 5 years, of course That’s totally fine. But never know what will happen
Hi Jason – Wondering what activities are going on with SF Asylum office & Immigration courts? Are they opened? Are they doing LIFO?
How to find out please….
Guys, Anybody recently applied at SF…Are you getting interviews?
I don’t know whether they are doing many cases, but they are both open. I have been in touch recently with the SF asylum office to get a case onto their short list, but I do not know how many cases these are interviewing these days. Like all asylum offices, they are currently operating under LIFO. Take care, Jason
Hi Jason,
I applied for renewal my TPS(Syria) 3 weeks ago and still did not receive any notice or they did not even charge me the renewal fee. in other side, my friend got his notice . Do you think it is good idea to resend my application with a new cashier check. I started doubting myself if i sent it to the right address (Which im pretty sure I did). Is there anything wrong if I resend my application again just to JUST have peace of mind, since the deadline in 2 weeks and I don’t want to loose my TPS.
thank you so much.
SAMIR
I don’t know – I think that is not a great idea, but I am not sure. My concern is that it will create confusion if you send two applications. Maybe wait another week, and see if they cash your check. If not, I guess you can try sending another application, but include a clear explanation in the cover letter. Also, maybe send it by certified mail, so you can see if it was received. Take care, Jason
My IH court date is in 2022…
I just checked my Status online and it says that i still have the same date, but my JUDGE has been changed!
Is it something weird?
Does it happen all the time or it’s rare? I’m kind of scared, why would they change my judge?
Also, if you check IJ stats in NYC you can see 2 columns, 1 for New York judges and another one is for Mew York -DET. My judge was in NY, new judge is in NY DET.
Thank you!
Looks like NY DET means New York Detention judges, so for people who are detained. I’m not detained, why do they assign the DET judge to me?nothing has changed for me, no arrests, no inquiries….nothinf…
I would not worry about that. Take care, Jason
I think it is too soon to worry about this, as judges change – they retire, move, change dockets, etc. It could easily change again before 2022. But if you want, you can call the court to try to find out who is the judge – you can find their number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason, do you have any update for Arlington VA asylum pending cases? My case is pending for initial interview since Feb 2015. Expedited 3 times but it didn’t work. Thanks
We had some success with a few expedite requests in the last couple months, and probably 50% or more of LIFO (new) cases are receiving interviews. Otherwise, we have seen no movement on old cases. Take care, Jason
Hi Jason, if I file for freedom of information act. would this trigger any thing or USCIS to retaliate against me? They say when someone files for FOIA, USCIS often sees it as the applicant might want to the agency them.
I have never heard of a person having a problem due to filing a FOIA. The only possible issue for some cases is that a FOIA causes the file to be moved to a different office, which can sometimes cause a delay in processing the case (until the file is returned). Take care, Jason
Hello Jason, my asylum was granted back in 2019 and I am happy and grateful for that. Now I am waiting for my asylum based green card. My case has many grounds, one of them is political which includes my work with the U.S embassy in my country. I was interviewed twice by two different asylum officers and my case took a while to get approved. I feel this is strange given my previous involvement with the State Department which required high level clearance. I want to know more about how my case was handled and what made them delay the decision and re-interview me. So I want to file for Freedom of Information Request. Can do that to ask all gov agencies including USCIS, State Dept and others to provide me with all the info they have about me? What kind of information they would provide me with ? Like officer analysis? reasons for delays? their concerns? This could help if I sue USCIS later if they delay my green card.
This could help me later
We have seen people who worked for the embassy face delays as well, so you are not alone in that. I also wonder why your case would be delayed, since you were already vetted, but I do not know. You can FOIA all the various agencies, but I doubt you will get anything useful. Some things will be redacted (and you can file a lawsuit to try to get that information released, but I do not know whether that would succeed). Anyway, FOIAs are free, so there is no harm in trying. Also, note that almost all GC applications are slow (the USCIS processing time is 1 to 3 years for most cases). Take care, Jason
Hi Jason, how many months does it take for me to get my work permit after applying for asylum after 2 years of stay.
If you are a member of Casa de Maryland or ASAP, you can apply for a work permit 150 days after your asylum case was received by USCIS. It takes another few months to get the work permit after you apply. If you are not a member of those organization, I think you are probably not eligible for a work permit, but you can join either organization (I think ASAP is free; I am not sure about Casa) and that is easy to do. I did a blog post with links to those groups on September 23, 2020. Take care, Jason
Hi Jason,
I applied for the GC along with my family in Sep 2019 ( after completing the one year time from the time of asylum grant by an IJ ) in NY. The office processing our case is Texas Service Center.
Based on your experience, can you please tell me how long does it, or how long would it practically take for the Texas office to process the green cards ?
Thanks.
We have seen most cases take between 1.5 and 2 years, but some are slower. I think the posted processing time at http://www.uscis.gov is 1 to 3 years. Why it should be so slow for people who have been thoroughly vetted, I have no idea. Take care, Jason
Jason, If asylum granted by a judge, can USCIS terminate a green card without a court hearing?
I am not sure, but I think not – with the possible exception of an asylum termination by the Asylum Office. Even if they could, the person would ultimately be sent to court, since they could present any defenses to being deported. And typically, such people lose their status for committing a crime, where fraud is discovered or because they remained outside the US too long. In those situations, an Immigration Court would make the decision about taking away the GC. Take care, Jason
Hello Mr. Jason,
I entered the United States through the Southern border. Crossed the river and turned myself. I was processed and released 2 days later with an order of recognizance that I have to appear at ICE once a month. I was not asked any questions while on custody and did not go through the credible fear interview. I would like to file for asylum and I would like to know if I can file my asylum before USCIS or if I have to do it in court with an attorney. Thank you and God bless you.
Normally someone who enters that way will receive documentation to appear in court. But if you did not get any of that, you can file affirmatively using form I-589 (available at http://www.uscis.gov). You might want to talk to a lawyer and show the lawyer any papers you have, to understand better your situation. My guess is that if you mail in form I-589, USCIS will accept it. However, after they look at it more closely, they may determine that the court – and not their office – has jurisdiction over the case. I do not think that there will be any harm to your asylum case from doing this, but it could delay your work permit if the case is dismissed by USCIS and you have to re-file with the court, so it is best to determine where to file before you file the case. Take care, Jason
Hello jason
Do you know where can i get a medical report here for all the torture scars i got in my body to show it to the USCIS? Like do you know any doctors here i can go to and they are specialized in stuff like that?
Thanks in advance
You might reach out to a non-profit near you and maybe they can refer you to someone local. I did a post with a list of non-profits on September 23, 2016. Otherwise, a dermatologist should be able to do this. You can just contact some near you and see if they have experience writing a forensic medical report (and if not, maybe they know another dermatologist who can do a report for you). Take care, Jason
Jason,
What is the process of getting a GC based on approved asylum?
I have submitted my docs about 2 months ago and don’t know what to expect. The status shows that fingerprints were applied to my case. Will there be an interview? Or do I just wait until they hopefully approve?
I think processing times at http://www.uscis.gov are 1 to 3 years, and we have seen most such cases take maybe 1.5 to 2 years, so you have some time to wait. Why it is so slow, I have no idea, but that is USCIS. Take care, Jason