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
Hey jason can you tell us more about the background check!? What they check and why it takes too long as I’m from muslim country!? Thanks
I don’t know a lot about it, but I see many of my clients (especially men) from Muslim countries have long waits. I do not that the background checks involve different agencies and are not fully within the control of the Asylum Office. It also seems to me that the background check for people in Immigration Court is much more efficient than for people at the Asylum Office. Take care, Jason
Hi,
Is it possible to expedite my case by moving to a not-so-busy state or territory like Guam? If so, approximately how long would it take for my case to transfer?
You would have to talk to local lawyers or non-profits to get a sense of the wait times, as there is no recent data about that, at least I have not seen that. I do not know how long it takes to move the case – I suspect not very long. But whether that will get you a faster interview, I do not know. You might want to try to expedite the case with the existing asylum office – I wrote about that on March 30, 2017 (or if this is a court case, I wrote about that on April 20, 2017). Take care, Jason
Hello jason
I have a few questions that i hope you can give us answers about it!
1- do you think the decision is taken all the way after the officer finish the interview with the asylum applicant or they keep reading the story again and again and it take days to decide?? And can the supervisor of the officer change the result even if the officer who made the interview is convinced this applicant shall grabt asylum ???
If you grant asylum that means you will go through background check but what if they gonna refer you to the court? They do background check too or no? I mean you the think the more time decision is pending is more chance that person granted asylum and the background process taking it’s time? Also faster decision mailing mean most likely the person will be referred to the court???
3 – what’s the difference when the officer tells you to come pick up the decision and another applicant will be told that decision will mailed to you! What’s the difference? Does it means anything?
Thanks a lot jason
1 – The Asylum Officer makes the initial decision. I think in some cases, it is pretty quick; in other cases, they have to review their notes and look at the law. The supervisor must approved the decision. 2 – You are trying to apply logic to a system that does not follow logic. In my experience, I think that they do the background check regardless of a grant or denial (but I am not sure). I have not seen a big difference in grant rates between faster and slower cases, but I have not seen any data on this point, and so I am not sure. 3 – These days, all decisions are mail-outs due to Covid, but before Covid, there was no difference between mail outs and pick ups. Take care, Jason
Hello Jason. I have pending asylum case waiting initial interview. Also I obtained green card from other way. I sent withdrawal letter but it’s been 5 months no response yet. What should I do? Can I go outside the US without problem. Not my home country
I am in the same situation 🙁
You should be able to travel and return to a third country without any problem. You can also send an email to the Asylum Office to follow up – you can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason/ all,
I’m filing for EAD renewal and I’m wondering if I should attach 2 separate checks (one for $410 filing fee and one $85 biometrics) or it should be one check with total of $495? Thank you!
We send one check for the total amount and that has always been fine. If you are a member of ASAP or Casa de Maryland, you should not have to pay the biometric fee. I wrote about these organizations, including links, on September 23, 2020. Take care, Jason
Hey jason
I had my interview today and it was good but by the end of the interview the officer said you will either grant asylum or you will be moved to immigration court and a judge will review your case,
So is that a normal thing everyone hear it by the end of interview or does it a sign for something??
They say that at every interview, so it is totally normal. Good luck with the case, Jason
Hi Jason,
I applied for asylum in August, 2015 (my children were in that case). Their father and my ex-husband won in DV Lottery and moved to the US. He applied I-130 and later I-495 for our children in the US (my children and me were in the legal status when I applied for asylum). As for today, my children are waiting to the interview in the US (I-495) and according to the processing time checker, they should have their interview at the middle of December, 2021. Both of them will be 16 year old this November, 2021. As I understand, as soon as they became the US citizens and became 21, they can apply I-130 for me. I know that you can’t predict anything, but, based on your professional opinion, do I have that 5-6 years before my child can apply I-130 for me if my first asylum interview isn’t scheduled yet?
Thank you,
K
If your ex-husband is not a US citizen, you have to double check eligibility for the children to get their GCs. Assuming they are eligible, once they get the GC, they normally would have to wait for 5 years to apply for citizenship, but if they have GCs and their father becomes a citizen, they may be eligible to become citizens immediately (under the child status protection act). You would have to check this, but if so, they could then file for you once they are 21 (a UC citizen must be at least 21 years old to file for a parent). I guess theoretically, that could happen 5 years from November 2021, but more realistically, it will be longer. The way things are going now, your asylum case could still be pending at that time, especially if you factor in wait times at the court and BIA (if you were referred by the asylum office to court). Take care, Jason
Thank you, Jason. I feel more optimistic after your answer.
Hi Jason – Appreciate your time helping us!!
If someone have marriage based GC process running in parallel to Asylum; can he pause the Asylum process to see if results of marriage based case first? What would be the best approach to handle in such scenarios when both cases running in parallel?
Thanks!
For an Asylum Office case, my experience is that they will not pause the case, and if your interview is scheduled, you will basically have to move forward and do that (you might be able to postpone for a couple weeks, but not much more). If the case is in court, you can ask the judge to postpone the case, and they often agree to that. Take care, Jason
Thanks Jason!
Do they assign court & and judge at your MCH?
At MCH, Is it Judge who handles MCH?
Is this judge at your MCH; will going to be your judge at IMH too?
Thanks!
In the majority of cases, the judge who does the MCH will also do the Individual, but there is no guarantee. Take care, Jason
Jason, thank you for help.
I have pending asylum case since 2014. never got any interview. I have question. I wanna ask my employer to file a GC for me. How much should I/they pay? What if by any reason the GC request made by my employer will be rejected by USCIS/or labor department; may I go back to my pending asylum?
thanks.
I wrote about this on August 28, 2018 and September 6, 2018. Most likely, you would have to leave the US to get a GC based on employment, and that may or may not be possible. You need to talk to a lawyer before you start and have the lawyer map out, step by step, how you will get from where you are now to having a GC (and preferably, get this in writing). For most people, such a path is not very realistic, but it depends on the case. You can keep your asylum case pending while you try to get a GC based on employment; that should not be a problem. If you ultimately get the GC, you can then close the asylum case. In terms of cost, I have no idea and fees will vary widely depending on the lawyer, what needs to be done, and where you live. Take care, Jason
Jason, in this case, at the time of AOS (employment based) interview; what’ll happen to Asylum case in process?
Thanks!
If the person is not eligible to adjust status, they would likely receive a request for evidence (to prove eligibility) and if they could not do that, the I-485 would be denied. Take care, Jason
Jason, my question was actually what happens at AOS thru employment when one has already Asylum case running in parallel?
Thanks!
You can potentially do both, as long as you are eligible for both. Even if you win asylum, you can continue the employment-based case (again, assuming you are eligible). In other words, there is no conflict between these two types of cases and they can be pursued simultaneously. Take care, Jason
Hi Jason,
I have a offer from my employer that he will file a labor for me, I have pending asylum from June 2016 and since then i have no interview call – I wanna know that is it possible that i can go with employer ?
Thanks.
I wrote about this on August 28, 2018 and September 6, 2018. Assuming you are eligible, you would probably need to leave the US to get your GC. Whether that is possible depends on the case. In short, it may be possible and it may not, and you may or may not have to leave the US. Before you start, talk to a lawyer to map out the entire process and explain exactly how you will get from where you are now to having a GC. Take care, Jason
what if labor would reject; then what?
I guess then you would have to appeal that decision, start over, or abandon that path to a GC. The asylum case could continue. Take care, Jason
I will share my timeline as soon. But I just came from 3rd country with immigrant visa. It was worst time in my life. It took me 4 years in total. And costed me $30.000 in total except employer expenses.
hi!
Wondering what advantage do you see going thru employer rather than Asylum route (when its already in process, considering GC thru employment takes years to finish)
Thanks!
Hey joe I’m sorry you been through that but i heard chicago office one of the highest approval rate but you must have lots of evidence man you can’t just go and tell them story then waiting for approval! Unfortunately 70% of the asylees go interview without any evidence or quite ones and i have more than 10-15 evidence with me and medical reports from america so I’m confident but i still need y’all prayers! I hope you get your approval from the court
I submitted all evidence,everything but the sent me to the court and I am waiting for my individual hearing.they asked about me from my attorney to do written pleading and we did it 4 months ago and still waiting for IH.
Written pleading to avoid F2F MCH?
Yes the immigration court sent us a notice to do written pleading 15 days before my MCH and we did it .now in Covid time many court prefer written pleadings but I don’t think it is for every court in USA .
I need y’all prayers as i have my asylum interview finally on this Friday after been waiting since 2016 !! Kinda stressed but confident but jason i have a question i asked my attorney how long it takes to get the decision another 2-3 years he said not anymore and it usually takes 6 months- 1 year here in Chicago and you will get it ! Did you hear about that?
Hi my friend ,you must pray.I did my interview in Chicago on September 10 ,2019 and on February 2020 I get referred to court .and my court date was March 2021 .I did good interview too but the sent me to court .your attorney is not the uscis officer for your case and he can’t do nothing .the best you can do is to pray .I am waiting for my individual hearing now .
Wait, I applied in March 2017 to Boston office and my friend in January 2018 to South Carolina and we both weren’t called for an interview. Are they doing FIFO or LIFO now?
All offices are currently following LIFO, but not all new cases are interviewed, as it seems they still do not have the capacity to interview everyone who files. Take care, Jason
I did a post on September 8, 2016 that might be of interest about interviews. In terms of the decision, it is just not predictable. My cases in Chicago were generally pretty quick by Asylum Office standards (maybe a few weeks to a few months), but it varies by case, and there is no way to know in advance. Maybe the officer will give you some idea about the time frame at the end of the interview. Good luck on Friday, Jason
Hi Jason thank you for your time.
I was granted Asylum on August 2nd 2019 I filed the I730 for my husband he’s living here in the US. Two weeks ago we had an interview for the I730 but they asked me for Copy amended I589 present to court. Because I was single when I filed the I589 but by the time I got the Asylum status I was maried. So they told me to ask my lawyer for this form.
The problem is that my lawyer doesn’t answer my calls and emails I don’t know what to do. Please help me. We have 2 months to provide the document.
You can try to get a copy directly from the court – call them to see if you can make an appointment. You can find their contact info if you follow the link under Resources called Immigration Court. There is also a link to FOIA EOIR to get a copy of the file, but that will probably take more than 2 months. Also, the court may not have your file on location anymore, and I do not know how long it takes for them to get it. I think you should also work on the lawyer – the lawyer is obliged to keep your file and give you a copy of it. But if the lawyer is gone, you will have to try the court, or you can try re-creating the form and submitting that along with evidence of your efforts to get the original filing (copy of the FOIA request, copies of any correspondence with the court). You might also need to engage another lawyer to help you. Take care, Jason
Hi Jason,
My husband filed I-485 GC application based on Asylum on April 2019.
The last biometrics appointment request was in February 2020 and we thought that its a good news the cases will be processed quickly but after that there wasn’t any update.
Today we received a Notice saying that they are reusing the previously captured fingerprints biometrics and USCIS is continuing to process the application, petition or request.
Did anyone received this kind of notice ? Is this common ?
Do you think I should keep any positive hopes for this notice .
I remember that the last step of the GC process is biometrics right ?
I am keeping my finger crossed 🙂
Sometimes they ask for an interview as well. The message is a bit weird, but someone else just posted a similar comment, so maybe this is a new trend. Here is the message I sent to that person: “It sounds a little strange. I have not seen such correspondence from them. I guess you can try to call them to make sure everything is ok (800-375-5283). It is difficult to reach a person, but you can eventually, and given these messages, that might be worth a try. Otherwise, though, they should either process the case or send you a request for evidence, if something is missing.” Take care, Jason
My EAD expired in 2019 and I applied for renewal in 2021and it was received by USCIS on March 15, 2021. USCIS website says the processing time for Nebraska office is 3-6.5 months. Also it says “Please note that for Form I-765 category (c)(8), based on a pending asylum application, the processing timeframes listed apply only to an initial filing.” It doesn’t say anything about renewal. Do you know the processing time for renewal? Also, when Trump was president, he extended the issuance of work authorization for asylum seekers for 1 year. Will I have to wait 1 year to get it? Thanks.
I think we are seeing most renewals take between 4 and 7 months, but it is not very predictable. If you have to renew again, it is best to file the renewal before the old card expires, as that gives you an automatic extension of the old card for 180 days. You can file up to 180 days before the old card expires. Take care, Jason
Hello Jason,
If you look at the Presidential Proclamations that restricts travel because of COVID-19, there is a similar trend. They all do NOT mention the holders of refugee travel document as an exemption. For instance, take the Presidential Proclamation of President Biden that was signed in April of this year. It states:
Section 1. Suspension and Limitation on Entry. The entry into the United States, as nonimmigrants, of noncitizens who were physically present within the Republic of India during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.
Sec. 2. Scope of Suspension and Limitation on Entry.
(a) Section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any noncitizen national of the United States;
(iii) any noncitizen who is the spouse of a U.S. citizen or lawful permanent resident;
The list of exemptions is very long and it includes around 20 categories, but nothing about the Refugee Travel Document. They do not even mention it!
The only thing the proclamation says is: “Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States. “(Does this paragraph mean anything to the holders of RTD)?
In General, why they do not mention the travel document? Do you think they just forgot it! or they actually want to prohibit holders of Refugee travel document from returning to the United States? It is very confusing.
I think they just forgot about asylees and refugees. The paragraph you quote gives some basis to believe that such people are exempt from the ban, but it is pretty unclear, and I have heard about asylees being blocked by the travel ban. I think it is safest to assume that the ban applies to asylees and refugees and to plan accordingly – if you are visiting an affected country, be prepared to go to another country for quarantine if necessary, or maybe just do not go to that country. Hopefully, this issue will be clarified and resolved as more people get vaccinated, and as the Biden Administration works its way through correcting the different Trump policies. Take care, Jason
Hi Jason,
My affirmative asylum case is pending since October 2020, NY. In your opinion when i would be getting an interview. Can you please guess estimate time by your experience with other pending asylees. Please
Thanks.
Stay blessed
I have no idea, and I can’t even guess. I do not know how busy the NY office is, or if they are doing any backlog cases. Also, I do not know whether they are doing backlog cases from newest to oldest or from oldest to newest. Maybe if you know a lawyer who does asylum cases in NY, they will have that info – sometimes, the asylum offices have meetings and provide info about how they are processing cases. Our local office (Virginia) gives us some info, though I have not always found it to be entirely accurate (not because they are lying, but because their policies seem to change frequently). Take care, Jason
Hi Jason, thanks for helping us
I had applied for I730 for my family back in dec 2018 after going through different stages and and once also involving congress man case was approved and sent to NVC in aug 2020. Now embassy has the case since two months and my family didn’t get any letter from embassy so far. We tried calling but embassy but the call center doesn’t have any information.
At this stage can I involve Congressman again. Can congressman or senator really ask embassy about this or not
Pls advise me
Some embassies are operating at a reduced capacity or are not issuing visas at all. Even embassies that are working probably have a big backlog of cases that built up during the height of the pandemic when they were closed. For these reasons, I am not surprised that they are slow (and in truth, even in the best of times, they are usually slow). I think there is no harm in getting help from Congress, or in emailing the embassy (maybe you can find an email address on the embassy website), but I suspect that things are just slow now, and I do not know that emailing or asking the Congress person will make much difference. On the other hand, I certainly do not think it will hurt, and so maybe it is worth a try. Take care, Jasn
Hello jason.
hope you are doing good. lots of blessings to you and your family for providing valuable answers to all clients here.
My friend have question. he has asylum based GC. soon he is going to apply for citizenship. once he is naturalized. his asylum case is based on inter religion marriage.
Can he travel to home country?
Do Questions raise at airports?
if he travels do his citizenship cancel??
Thanks 🙂
Once a person has citizenship, it is very unlikely that his asylum case would ever be re-visited. The Trump Administration did create a “de-naturalization” until whose job was to find cases of naturalized citizens where fraud was suspected, and to try to take their citizenship away. I do not know the status of that effort under Biden. I suppose travel to the home country could raise a red flag, but I doubt it would have any effect. Just to be safe, though, the person should be prepared to explain why he returned and how he stayed safe – so he is ready in the very unlikely event that anyone questions him about this. I did write something about travel to the home country on January 6, 2016 if you are interested – this is more for people with asylum or a GC, but it does discuss the issue further and might be of interest to a citizen returning home. Take care, Jason
Hello Jeson
I signed up to track my case history online USCIS website . I see my asylum pending(EAD) application history
do they update me online as well when my interview is scheduled .
Thank you!
They should update you online about the interview, but that will just tell you an interview has been scheduled. A few days or weeks later, you will get the paper letter and that will have the interview appointment info. Take care, Jason
Hello Jason, are you aware of anyone who travelled and returned to the United States on a Refugee Travel Document recently ? I only got an RTD but not a Green Card yet. Just want to know if you have clients who traveled and returned recently like over the last few weeks or this month without problems
I really do not know, as they do not inform me about such travel, but I have not heard about anyone having problems with the RTD. There are still some Covid travel restrictions, and those do seem to apply to asylees (but not to people with a GC), so you need to be aware of those before traveling. Take care, Jason
Hello Jason, I live in California and Marijuana and Cannabis are legalized here. I am suffering from a pain in my Knee and few weeks ago my physical therapist recommended a targeted topical relief. It is a cannabis-infused cream that helps relieve the pain when applied on the injured area. It works as any other cream and it does make you high or anything. I bought it from the dispensary and I provided my ID. Now I came across this advice and I am so terrified. Please read it and tell me what you think.
Thirty-six states in the U.S. have legalized some medical use of marijuana, and 18 states and the District of Columbia also have legalized recreational use. Based on this, immigrants may reasonably think that using marijuana in accord with state law will not hurt their immigration status. Unfortunately, that’s wrong. Marijuana remains a federal controlled substance. In April 2019, USCIS amended its Practice Manual to emphasize that even “legal” conduct involving marijuana is a basis for severe immigration penalties. It provides that noncitizens who admit that they have used marijuana, or been employed in the legitimate cannabis industry, can be denied naturalization for lack of good moral character. The same conduct can be a basis for a finding of inadmissibility, either as an “admission” of a controlled substance offense or because it gives the government “reason to believe” the person is a drug trafficker. See INA 212(a)(2). Admitting to having possessed marijuana can disqualify an applicant for cancellation of removal, cause any non-citizen, including a permanent resident, to be excluded at the border; and destroy eligibility for family immigration.
Typically, you would need to have a conviction for this to have any effect. I suppose they can ask you if you ever used marijuana in any capacity, and if you answer yes, maybe there would be immigration consequences. I tend to think if you are just using a cream, and you don’t get arrested for anything, this will be a non-issue, but I am not sure. If you are filling an immigration form where you feel this might be an issue, talk to a lawyer so they can research the best response and how to protect yourself. Take care, Jason
Hi Jason,
Me and my husband applied for Green Card in 2019 and it’s been more than two years. We tried reaching out through senator didn’t work, requested to expedite but they denied our request saying that the cases are in line for processing and currently processing May 2018 file. Why Texas Service Center is so slow? Are they intentional delaying the Asyum Based GCs ? Can we do anything about it?
Recently we moved to different state and updated the address on all our applications. Recently applied for Refugee Travel Documents and not sure how long it’s going to take to get a new RTD. Currently my husband family is not doing good because of serious health issues. My hypothetical question is
If USCIS request for new fingerprints for RTD application and God forbid if my husband has to travel in an emergency and if he is not available to do his Fingerprint appointment then what we should do?
Please advise.
I did a post about expediting with USCIS on January 29, 2020 – maybe that will give you some other ideas. However, GCs are just very slow and it is difficult to do much about that. In terms of the RTD, we are seeing those take maybe 4 to 6 months, but it could be longer. You can try to get an RTD on an emergency basis – maybe by calling USCIS to get an appointment, but again, that will be quite difficult. In terms of fingerprints (which hopefully will not be needed), if he gets an appointment and cannot attend, you can reschedule (the appointment letter has info about this). However, if you ultimately cannot attend the appointment, USCIS will deny the application. Take care, Jason
Hey jason
I have an interview at chicago office on june 22 and i still didn’t submit the new documents and evidence to the office is that too late??? Do you know what’s the date for submitting it? Another question i have different scars from the tortured I received in my home country and i have medical report from my home country but the question is should i send the scars pics on my skin with documents?
Thanks
I am not sure, but I think you should submit it as soon as possible. Maybe send one copy by mail, bring another copy with you to the interview (in case the mail copy gets lost, which sometimes happens), and scan/email them a copy of the evidence. Sometimes, they do not accept long scans, and if that is the case, maybe at least send them the affidavit so they can have that before the interview. I do not know about their filing deadline, but you can email them to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. As for the scars, I think you should submit photos. We usually submit a close up photo and a further away photo, so we can see your face and know that the scar is on your body. Take care, Jason
Hi Jason,
I have applied for Asylum in Feb’21 and I am yet to get the notice for my asylum interview. Do you think I can get the interview in few days or now it’s gone for long?
Also, I was thinking of applying for ITIN as an asylum seeker can I do that and if yes any repercussions or I should wait for SSN while applying for EAD when I become eligible.
Thanks in advance.
I think you may still get it. The LIFO process is very unpredictable and it is possible that a February case will receive an interview. Maybe 2 months ago, one of our December cases was scheduled for an interview (I can’t remember if that was in NJ or VA). I am not sure about the tax ID number – I think you need to talk to a tax professional. I believe (but I an not certain) that some of my clients have received tax IDs before they were eligible to get the SSN, and they used those for their businesses. Anyway, maybe check with a tax professional to see what you can do. Take care, Jason
Just saw your previous response to a question about using the passport of the home country with the Asylum based green card. You said some of your clients were questioned about using the passport for their home country after being granted asylum in the U.S. Did the questioning happened in the airport? or they were called by an asylum officer? could you please elaborate.
I do not remember if people were questioned at the airport – unless there was a real problem, they would not contact me, and that has never happened (so far). At a few naturalization interviews, asylees who returned to the home country were asked a few questions about the travel, but nothing too probing and we have not seen any negative outcomes. Take care, Jason
Hi ,Jason
i have pending asylum since 2017,can i apply for labour certification through my employer .if approved can i get GC through labour certification.
thanks
You can do that, but most likely, you will need to leave the US to get a green card, and that may or may not be possible. I did posts about this on August 28, 2018 and September 6, 2018, and maybe those will help. But before you start the process, you should talk to a lawyer and map out exactly how you will get from where you are now to a GC, including whether you have to leave the US and how/whether that will work. Take care, Jason
Hello Jason, you probably heard about all the problems regarding the Refugee Travel Document, like long wait period to renew it, short validity period, airlines do not recognize it, and often travel delays. Also, the mere fact of presenting a Refugee Travel Document to the Authorities of other countries gives them a reason to interrogate you. Given all these hurdles, is it possible for asylees who have Asylum Based Green Card to travel with only their Green Card and the Passport of their home country. So that mean the asylee would NOT travel with a Refugee Travel Document. Green Cards are widely recognized by airlines and they do not often question them like the RTD. Green Cards are also enough to return and be admitted back into the U.S. Are you aware of any laws that says asylees cannot travel without travel document even if they have a green card? My attorney says many of his clients renewed their home country’s passport and are using them without issues. I am super scared though. I tried to do research and find some information but there are not enough information about this topic. Please shed some light from your experience and the experience of your clients.
You can do that. However, there is some risk. If your asylum case indicated that you fear your home government, the US government might view use of your passport as an indicator that your asylum case was fake. I have had clients do this, and some were questioned a bit on this point, but none had any major problems. Most of my clients did not fear the home government, but rather, they feared a terrorist group. Under those circumstances, it really does not raise questions about the validity of the asylum case, since there is no problem with the home government. I did a post on January 6, 2016 that discusses returning home, and maybe that post would be helpful. Take care, Jason
Hi Jason,
I applied for GCs for myself and my family in 2019, after completing the 1 year requirement, from the time of asylum approval. It’s almost 2 years now.
The website says :
” As of June 10, 2021, fingerprints relating to your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number XXXXXX X , have been applied to your case.”
Is this a positive sign in terms of nearing completion, or its just a usual routine step.
How long should the GCs take more, knowing that 24 months are nearing completion of filing ?
Thanks !
I think the http://www.uscis.gov processing time is 1 to 3 years, and so your case is in the “normal” range. The fact that something was updated recently at least shows movement in the case, and so I would take that as a positive sign. Whether it means you will have a decision soon, I do not know, but at least you know that you are not forgotten. Take care, Jason
Hi Jason
We are here on pending asylum (it has been now exactly 1 year since we got our i797 receipts) and still waiting
We filed for asylum “during” our valid B1/B2 visa and got our receipts well within validity of our 180 days visa entry, permitting us to stay in US until decision is made
Now during past year, we were bless with another baby (we already have 2 toddlers who are filed in our asylum case) which becomes a citizen by birth
Since no law has been breached, and we haven’t overstayed our visa, can our newborn US citizen baby be a help to us in changing our status? I do know that a 21 year old child can sponsor parents but is there any other option here since no law has been breached ?
Thanks
SAM
It doesn’t matter which status you are .under 18 years old US citizens child doesn’t help for immigration purposes at all. That’s for sure.
Actually, a US citizen child has to be 21 or older to sponsor a parent. Take care, Jason
Congratulations on the new arrival! However, the baby has no effect on the asylum case (unless maybe you fear harm because you have a US citizen child) and there is no immigration benefit to having a US citizen child unless you have been in the US 10 year, are in Immigration Court, and meet other requirements needed for Cancellation of Removal. Take care, Jason
Hi. JASON.
I have pending asylum case no interview yet since 2014. I obtained permanent residence through marriage. However I have EAD and AP applications pending under asylum application. I am going to send withdraw letter to local asylum office to withdraw my asylum application. I confused for EAD and AP. Do I need to mention for these applications on the same letter or I don’t need to worry about them any more? Please help in detail
I would just forget about the EAD and AP. If you have a GC based on marriage, you can use that to work and to re-enter the US if you leave (but you have to use your passport, which could raise questions depending on what your asylum case was about). Take care, Jason
Hi Jason,
I am pending asylum applicant and just got my ead. My question is do i have to file separately for ssn or ss will sent it by themselves.
Regards,
Amir.
The I-765 form had a place to request an SSN. If you filled that, you should get it in the mail. If not, you will have to request it separately from the Social Security office. Take care, Jason
Yes, I did request ssn with ead but I just received my ead. How long it usually takes to get ssn.
I don’t know for sure, but I would guess a few weeks or a month. I do not think it is that long. Take care, Jason
Hey jason
I got my affirm supportive letters from my mom and friends so do i have to keep the emails that they sent me the affirms through it? Also my mother sent it via fedex or the officers usually wont ask me how i got these things?
They can ask how you got letters, and sometimes they do. There is no harm in keeping the mailing envelopes or email, just in case you need them later. Take care, Jason
If incident happened few years ago…Is it better to have letters close to that date or dated current dates?
I don’t think it much matters. If the letter is new, they can just describe what they remember from the event. Take care, Jason
Hi Jason,
I did my asylum interview from 3 days overall it went well however at the end of the interview the officer told me good luck is this a pessimistic phrase or just normal thing that most officers say ?
Which office was that ???
Can you pls share your office & Timeline for benefits of others?
I would not read anything into that phrase. Hopefully, you will get a positive decisions soon. Take care, Jason
Hello jason
I got scheduled for my asylum interview on june 24th so my question now what’s the due date for me to send all the documents for evidence i have to the office? Is it 1 week before the interview???
Thanks in advance
Most offices are one week, but not all. You can email the office to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. I also did a post on September 8, 2016 that might help. Good luck, Jason
Can you pls share your office & Timeline for benefits of others?
Hi Jason,
I’m going to apply for adjustment of status in September , as my asylum was approved last year.
1- Does it take long for the application approved and receiving the green card?
2- Can I apply for travel document (or advanced parole?) even before my application is approved , then use my travel document to go back to my home country while my GC is pending? Thank you!
1 – Unfortunately, it is very slow, maybe 1 to 3 years (according to the processing time at http://www.uscis.gov). Hopefully, that will improve, but at the moment it is still slow. 2 – You can apply at the same time (using form I-131). If you do that, when you pay the I-485 fee, you do not have to pay anything extra for the I-131, as that is included when you pay the I-485 fee. Take care, Jason
Hi Jason,
I got my driving license 2019 valid for 5 years when i was on visa but now i got work permit and SSN through pending asylee status, so i want to do Uber which requires a one year old license before start so 1) do i have to go to DMV to link that licence with my SSN or i have to make a new one in case my status is different now. And my address on liscence is old one, which i have left in past. So what should I do?
Please give me suggestion.
Regards,
God bless you.
I do not know about the DMV (rules vary by state) and I am not sure I understand your question anyway. I have had many clients who drive Uber and Lyft, so I know it is possible to get those jobs, but I do not know about specific DMV requirements – maybe someone else here knows. Take care, Jason
Uber and Lyft don’t care about the adress or how you get it. You just need valid driver license and registration under your name. Also you can use someone else car who drives uber but payment going to car owner. I am sure for above information
Hello Jason, when someone with an Asylee status who has been through the whole asylum barrage applies to adjust status, does USCIS review the case again and do background check again? From your experience, what happens when an asylee applies for adjustment to get green card? Some attorneys says USCIS look through the whole case again to try to revoke the status or find problems? Is this true? should asylee be ready to fight again for their cases? have you had an asylee client whose status was revoked when they applied for adjustment?
I have never had a case revoked under those circumstances, and my impression is that they do a very superficial review of the case. Maybe if they have some suspicion, they will do a more thorough review, but that is rare. When you apply for citizenship, they usually do a more careful review and sometimes people run into problems at that stage. It is still very uncommon, but it is more common to have problems at the citizenship stage than the GC stage. At least that is what I have seen. Take care, Jason
Hi Jason,
My asylum case is in court and i am waiting for my Final hearing that is in Jan 2022, but i got married to a Green card holder now. 1) what is the process now?
2) And what are the chances that i will be able to get a marriage based GC?
3) And how long it will take?
4) will it be very hard for us to stay together in U.S?
Thanks
Hi Jason, given all these problems and delays with USCIS, did they consider contracting with a private company to help them? For instance, the Emplyment Development Departments (EDD) were overwhelmed with unprecedented number of unemployment applications due to COVID. It was impossible for them to verify every applicant, especially with millions of fraud claims. They contracted with private companies like IDme to help them process and verify cases. It worked and EDD processed millions of claims. So there’s a solution. Management consulting companies would love to help and we immigrants pay a-lot of money. Also, if the new immigration bill passes, there will be millions of Green Card application by dreamers and how USCIS is going to handle that? Do you think t USCIS is doing this on purpose? I find it hard to believe that a US gov agency is functioning in this way.
Hi Jason,
My asylum case is in court and i am waiting for my Final hearing that is in Jan 2022, but i got married to a Green card holder now. 1) what is the process now?
2) And what are the chances that i will be able to get a marriage based GC?
3) And how long it will take?
Thanks.
4) will it be very hard for us to stay together in U.S?
1 – I wrote about that on August 28, 2018. Maybe that post would help. 2 – It depends on the case, but marrying someone with a GC usually means you cannot get your own GC without leaving the country, and this may or may not be possible. You should talk to a lawyer about that. Also, if your spouse can become a US citizen, that may make it much easier for you to get your own GC. 3 – Unpredictable, but probably at least 2 years and possibly longer. 4 – You should talk to a lawyer to see how you can manage that. My guess is that ultimately, you will be able to stay, but you have to decide whether to delay the 2022 case in order to process your spouse’s I-130 petition for you. Also, there is a new memo, which should be public by next week, about closing court cases. Depending on what that memo says, maybe you can close your court case so your spouse has time to file for you and to become a US citizen. Take care, Jason
I suspect they are not purposes screwing things up, but it’s difficult to know. Maybe a private contractor is a solution, but I really do not see why USCIS cannot do this itself. The new proposed budget would have USCIS hire many new officers, and maybe that will help clear out backlogs. They also have to reduce the focus on fraud, especially for asylee adjustments, where the person has already been thoroughly vetted. Take care, Jason
Hello Jason, my asylum was approved in late 2019 and I still have my pending I-485 application. I just received my Refugee Travel Document after seven months of waiting and I am excited about traveling outside the U.S. I also got my 2 shots of the COVID vaccine. Are you aware of any restrictions for people to travel and return with RTD. Im only traveling on an RTD and I don’t use the passport of my home country. It will be my first travel after my asylum was granted and I am so scared and paranoid.
I do not know of any issues, but I have not been keeping track of Covid travel restrictions. Maybe check with the airline on that, but otherwise, you should be good to go. Take care, Jason
Hi Jason I read on EOIR portal all immigration court will open on July 6.for people who asked for filing written pleading before their Individual hearing they will schedule them for individual hearing ?when I check my Statut I see “there is no future hearing for this case”.I filed written pleading on February
The judge has to get around to answering the written pleading. This system is very cumbersome, and it would be nice if they would just make a decision about how to do written pleadings. Anyway, I suspect that if you’ve filed for written pleadings, the judge will eventually rule on it. You can always call the court and ask the judge’s clerk. You can find their contact info if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason,
I have been persecuted as I am a member in a particular social group in my country and was in a relationship with a girl from another religion once here family know that we are about to marry and she was about to convert to my religion they persecuted me and threatening me with death as I am not the same like their religion and am I illegible to apply for Asylum? Thank you
It sound like you would be eligible. It also sounds like this case may be persecution based on religion, but it could also be particular social group. You may want to talk to a lawyer to sort out the basis for the claim, as that is important. Take care, Jason
Hey jason
I’m trying to find a dermatologist that can write a forensic medical report! Do you know anyone in the US that can do that? Even if it’s in VA or DC! I tried to find one here in ohio but couldn’t find any and tried to contact many non profit organizations that might refer me to someone but no one replied me!
Thanks in advance
It sounds like you did the things I would normally suggest to find someone. I am not sure what else you can do, besides more of the same. Maybe expand your circle to nearby cities, but some of the non-profits should be able to recommend someone. Also, one non-profit in DC that might be able to make a recommendation in this regard is tassc.org. Take care, Jason
Hey jason
I applied in 2016 and finally after 3 times trying to expedite and moved to a new attorney i got scheduled for interview in 3 weeks and I’m so nervous! How can i get over my nervous mood especially i know it will be an important factor in front of the officer!
Thanks in advance
Practice the interview. Also, I did a blog post about what happens at an interview, and maybe that will help. It was from September 8, 2016 (maybe if you are feeling nervous, don’t look at the photo). Good luck, Jason
On what basis did you expedite your interview?
Any Suggestions?
Best,
Hi Jason
I hope everything will be fine with you and your family with blessings from almighty
I heard the ny office is calling individuals for affirmative assylum cases interview from backlog years of 2016 and 2017. Is it true?
Thanx
I have few cases there and have not heard anything about it. Maybe someone else here will know. However, if you think you might be called, make sure your case is ready to go, just in case you get an interview. Take care, Jason
Hi Jason, thanks for all you do!! Blessings!
Please will like to find out if there is any update on the one year deadline ban on filling asylum application by President Biden!!!
Thanks!!
There is no news yet on that. It was a proposal as part of one of the new laws, but so far, there is no progress. Take care, Jason
Dear Jason
I had a date with the immigration court about my asylum application but I missed it as I had to fly back to my country for a medical emergency in the family. It has been almost 3 years now. I came to learn that deportation proceedings were initiated but I do not have any correspondence from the court now.
My question is
Can I appeal for a re-schedule or re-opening of my application?
Can I apply for reentry to the States?
What can I do? Please suggest.
If you missed a court date, the judge would normally order you deported. This comes with a 5 or 10 year bar to returning. I do not see how you can reopen your case if you are not here. Maybe you could try to have a lawyer reopen it and the judge change the deportation to Voluntary Departure (which would at least eliminate that bar to returning (though there could be other bars, depending on the case)). You can also apply for a “waiver” – permission to return early. You would need a visa to return as well. It will probably be very difficult to come back in the near future, but if you want to try, talk to a lawyer about your options, as maybe there is a path for you. Take care, Jasno
Thank you much!
You have been a lifesaver…
You know how difficult it is to hire a lawyer when you are abroad. Is there any immigration lawyer who helps people like me for free?
Your statement” It will probably be very difficult to come back in the near future”… scared me. I have so many obligations back there and business to take care of. Please suggest!
I did a post about finding a free lawyer on September 22, 2016 – maybe that would help. Take care, Jason
Dear Jason,
Thank you so much for everything what you do for the community.
I have a question for you, please. I have a pending asylum case for many years, so early this year I have applied for my EAD renewal. I have not received it yet. It seems like two years ago it worked a bit differently, that is prior to send the physical card via mail, USCIS was informing by mail that EAD renewal was approved. I have read on some web-site that as from 2020 USCIS stopped sending those approval letters meaning that if all the paperwork had been filed nice and correctly, then there is no need for those ‘approval paperwork’ to be send over us. Is it true they have stopped sending those paperwork, and can we assume that had we not received any denial prior to the expiration date, we still can work those additional 180 days afterwards?
Thank you.
If you have received a receipt for the new EAD, that automatically extends the old card (but this is true only if you filed for the new EAD before the old EAD expired). Otherwise, if you are signed up for email alerts with USCIS you should receive those. Once the card is approved, you should receive a letter from USCIS (at least I think you should – the lawyer does if you have a lawyer) and then get the card. Take care, Jason
Hello Jason,
I am going to apply for my green card next month, after granted asylum last year. However, I will need to submit some translated documents with the application, like marriage and birth certificates. There are some agencies who work as official/certified translation agencies and they say their translations are accepted by USCIS. I am wondering if I can hire them to translate my documents? Are they reliable by USCIS? Is there any agency that you or someone can recommend? Thank you so much!
Anyone who speaks both languages can translate documents – there is no such thing as an “official” translation. I wrote about this on August 24, 2017 – maybe that would help. Take care, Jason