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
Jason, I m a green card holder base on asylum. My country situation getting worse with covid. If before something bad happens is it ok if I go visit them one time. It’s been 10 years I last saw them..
There is some risk to returning, depending on the case and the country. You should be prepared to explain why you returned and how you stayed safe. I wrote about this on January 6, 2016 – maybe that would help. Take care, Jason
As attempted border crossings surge, new Biden plan speeds up asylum approval and deportation
https://www.nbcnews.com/politics/immigration/border-crossings-surge-new-biden-immigration-plan-will-speed-asylum-n1275096
Interesting – we will have to see what is in the plan, but it sounds like it will mostly affect people arriving at the border. The question for affirmative asylum seekers who are stuck in the backlog is whether this plan will improve things for them or make things worse. I guess we shall see. Take care, Jason
Hello jason
I was granted asylum last week and today I’m applying for RTD to go vacation in europe and see my family in 3rd country for sure I’m planning to travel for 20 days jn total so my question is the 20 days i will stay overseas are counted from the 1 year timeframe that i will apply for the greencard or now i have to apply after 1 year and 20 days??
You have to have one full year in the US, so if you leave for 20 days, you have to wait 1 year and 20 days before filing for a GC based on asylum. Take care, Jason
Hi Jason. Thank you for all your reply. I have a quick question. So I have applied for an asylum 2 years ago and still didn’t hear any back reply from Asylum office. And my question is do you know if an asylum applicant get marry to a Us citizen is the process taking longer than expected? When I looked up from the google it says building your immigration status through marriage takes up to 14 months. Do we can expect approximate same time asylum applicants going with marriage
It is not easy to tell, since processing times are not very predictable. But I think that a pending asylum case does not make much difference in the wait time for a GC. I wrote about getting a GC through marriage to a US citizen on August 6, 2018 – maybe that would be of interest. Take care, Jason
Hi Jason – Thanks for your help!
My friend has IMH next month. He filed for Asylum & COR(based on 10 yrs & US born son) together.
What are the Pros & Cons of both?
If Judge approves, Can he choose the benefit between Asylum & COR (or such request can be made to judge)?
Regards!
Hopefully, he has a lawyer who can help. There are advantages of each, but it depends on the case. I have such a case coming up, and my preference between the two will be asylum. The reason for this is that there is a backlog for COR cases, and if a person is approved, he has to wait a few years to actually get the GC. And so I think the asylum process will be faster overall. In our case, the client probably has a better COR case than asylum, and so we will take what we can get. Also, with asylum, you can file for immediate family members whereas with COR, that may not be possible if they are in the US and out of status. In short, there are many variables and your friend needs to talk this through with a lawyer who knows the specifics of his case. Take care, Jason
Hello jason
How many years is the GC based on asylum?? Is it 10 years like the DV lottery or it’s valid for 17 years as i heard?
If you get a GC based on asylum, it should be valid for 10 years. After that, you can renew the card as many times as you want. In other words, your status here is permanent, but you have to get a new card every 10 years to have evidence of your status (or better yet, become a US citizen). Take care, Jason
Hey jason
Do you know when shall i receive the EAD A05 card after receiving the approval letter? Or how long it usually takes?
It used to be pretty fast – maybe a week or two. Now, it seems more variable, and some grantees seem never to received the EAD and so need to apply for it using form I-765, available at http://www.uscis.gov. If you won asylum in court, you have to Google “post order instructions in immigration court” for a sheet about how to apply. Take care, Jason
No i got my asylum from Chicago asylum office last week and today went to get unrestricted ssn and update my driver license they said they need the EAD A05 not only the approval letter i got cause they need something with my pic on it!!! Before i got my approval i saw fees were waived online so that mean they gonna send me a new EAD A05 category right? I don’t wanna wait forever cause i wanna update my immigration status on the DMV system!
They should send you an EAD, but sometimes, they do not. You may want to email the asylum office to ask about this. You can find their email if you follow the link under Resources called Asylum Office Locator. Otherwise, maybe you want to submit form I-765 (the first a-5 EAD is free). Take care, Jason
I applied to an EAD based on approved asulym last October and received it in June.
I also wanted to get an unrestricted SSN card but they told me to come back when I get my GC.
Hope this helps.
Hello Sir, i came in USA on student F1 visa in January 2021. I had completed my first semester in university but now the situation of family changed and have some family issue like to threatening each other as regards of serious family property issue. Now I want to apply an Asylum. I decided to freeze the semester of this fall from the university and in this time then i apply for an Asylum. But my friend told me you have to go out of status to apply for an Asylum.
Q1: Should i freeze the semester or then apply for asylum?
Q2: Should i first go out of status then apply for asylum?
Q3: when should i apply for an Asylum?
Thanks and regards
Abduallah
My friend had the same problem and applied for asylum and got referred to the court i mean you’re free to do what you want but family threatening cases are so weak and you gonna waste a lot of time and money then most likely they will reject you!!
Just wanted to give an advice for a brother cause many folks don’t understand the asylum process and bases so they apply and waste years of their lives and stress then get deported!
Especially they will tell you the police there at your country will protect you and if you say no they will say how come you know especially it happened after you came to the usa so a big rejection will happen!
Think twice and do whatever but I honestly disrespect rhe attorneys who take weak cases ! My attorney was explaining to me how she see a lot of fraud and bullshit cases that wont get accepted in LA LA land !!!! And she rejects to take many cases cause she knows they have very low chance
Thank you all you for your information. I have no option except Asylum.if i apply for an Asylum, do i have to separately apply for work permit?
Unless the case is approved and you get a work permit automatically, you have to apply for the work permit after you file. The rules have been changing on that point – I wrote about this on September 23, 2020 – maybe that would be of interest. Take care, Jason
To ABDULLAH
you don’t need to leave country to apply for asylum. However as MOHAMMED said this kind of case mostly referred to court and deported. But this will take at least 3 years in total. If this is the point for you then apply. By the way don’t forget you can’t leave USA and you have to wait at least 12 + 3 ( processing time) 15 months to obtain work authorization . Also if deportation happens you can’t get visa in the future %99 . Family issue doesn’t consider you are in persucation specially you are not in your home country at this time and never had issue. Your claim is just a possiblity. So my recommendation is just stay at the school. ( good luck for school expenses)
If you are a member of ASAP or Casa de Maryland, you can apply for a work permit 150 days after you file for asylum (I wrote about this on September 23, 2020). Also, if you lose an asylum case, your ability to return here varies depending on many factors. In some cases it is impossible, but in other cases, it can be easy. Take care, Jason
I appreciate you for the information.Sir, how to become a member of ASAP and Casa de Maryland? Can i become a member of those organizations?
Thanks and best regards
I provided links to those organizations on September 23, 2020. You only need to join one of the organizations. Take care, Jason
Your friend is not correct. You can remain in status and file for asylum. The only effect of status is on whether you get referred to court if you lose (if you are in status, you do not get sent to court; if you are out of status, you go to court; but if you win, it is the same whether you are in or out of status). It is best to file for asylum within one year of arriving here. Otherwise, you could be denied for filing late. There are exceptions – including being in lawful student status. I wrote about this issue on January 18, 2018. Take care, Jason
Hi Jason,
My GC case is pending from long time at TSC and planning to file Mandamus. I ran out of all the options for making a inquiry, senator’s help etc. I have a few of question as follows
1. Did you ever filed a mandamus for any of your client?
2. How was your experience?
3. What are the pros and cons of it?
4. Is there gonna be any repercussions on our case by USCIS and do anything against you on the decision?
5. As well wisher and friend, what you will do if you are in your shoe?
I would appreciate your take on this. Thanks
I do not do mandamus cases, but I think they can be effective. The main con (besides money) is that if they cannot approve the case for some reason (maybe the security check), I guess it is possible that the case would be denied. I think this is an issue for asylum case, but may not be an issue for GC applications. I suppose another con is that I do not know whether the government would fight the case – they might, but I do not know of people who have filed mandamus cases for the GC. If it were me, I would look into it – see if you can find an attorney who has filed such a case before. Unfortunately, I do not know anyone who has. Take care, Jason
Hello Jason, I am trying to request my records through the freedom of information act and privacy act. I want to do this with the State Department, specifically the RSO, because I worked at the U.S embassy in my home country as an FSN and my life was threated because of that. I reported some incidents and threats to the RSO who were not very helpful. I am trying to access any of their records about me or my problems? There is a possibly that they have non, that they just received my reports and simply ignored them. But if they have any info, it might be helpful to access. Do you have experience with that? Have you ever requested the records of a client who worked at a US embassy as an FSN? these cases are not common and some attorneys do not even know what these things mean.
I have not done that, but I would think you can get copies of your employment records and at least some parts of your visa applications. Some things may be redacted, but you should get much of it. I believe the State Department website has info about filing FOIAs (you can Google “DOS FOIA”). Take care, Jason
Can anyone help me please where would i file for I-485 based on asylum if i live in Kentucky? And where would i file if i file from ohio? I should be moving to ohio soon so please anyone help me with that thing cause I tried to look on USCIS website but failed to reach to any result
To BBBBB
KENTUCKY and OHIO 》》SAME vermont service center
For Asylum based GC, based on location with Kentucky it should go to Texas Service Center which is a total mess. People who filed in January 2017 are still waiting for their GC.
My advice would wait until you move to Ohio and then file I485 where you need to send your application to Nebraska Service Center which is faster and expect the decision in 6-12 months.
I did the same mistake and end up at TSC for more than 2 years now. I should have waited until I moved to Ohio but lesson learned at cost of long wait line 😔
Are you sure if i file from ohio my case will go to Nebraska service center? Or does it goes to vermont VA ???
It depends on the basis for the I-485. You have to check the Direct Filing Addresses on the I-485 web page, at http://www.uscis.gov. Take care, Jason
Hi Jason, Have you ever filed a Request Records through the Freedom of Information Act (FOIA) or Privacy Act to the State Department to get the records of an asylee who previously worked at the State Department as an FSN in a U.S embassy oversea. If so what were you able to get from the State Dep like employment info, security info, RSO info, previous visa applications? other info?
I have not done that, but I would think you can get copies of your employment records and at least some parts of your visa applications. Some things may be redacted, but you should get much of it. I believe the State Department website has info about filing FOIAs (you can Google “DOS FOIA”). Take care, Jason
Hi Jason. I need your advise in detail please. I have pending asylum case at local office yet since 2014. I obtained permanent residency from my employer 2 months ago at 3rd counrty. I entered USA with immigrant visa from 3 country. After that I sent withdraw letter and email to local office. By the way I also paid permanent residency card fee after arriving and still waiting to receive it. Anyway Today I got notification from uscis about asylum case it says. Initial review completed your asylum case still pending. You have to wait 365 days to apply work authorization.
I really confused what does that mean. I already have pending ead renewal 3rd times since December 2020.
Question 1: is it possible to receive asylum appointment even I am permanent residence?
Question 2: Do you think asylum case will affect negatively to not receive green card on time?
Question 3: how long I have to wait to receive withdraw notice? Where and how can I make more inquiry about withdrawal?
Question 4: is it legal to cancel or reopen my permanent residency?
Question 5: if I receive asylum appointment, Do I have go through all process like I have no status?
Question 6: if asylum interview happens, is it possible get denial and go to court? I know it depends the my case but I am asking legally since I am permanent residence
Question 4:
It sounds to me like you have a stamp in your passport that says I-551. If so, that means you are a permanent resident (you are just waiting for the card). If so, you have nothing to worry about. The pending asylum case should have no effect on your GC, and the worst case would be that they would call you for an interview, and you can withdraw at that time (this assumes that your asylum case was not fraudulent). If you emailed them and asked to withdraw, it sometimes takes months (and sometimes, they don’t get back to you). I would follow up with another email. Maybe once you get the actual card, you can scan and email them a copy of both sides and again ask to withdraw. But unless they have evidence that your asylum case was fake, you will be fine. By the way, sending them a letter may not work – it is better to email. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
In the recent comment below, the person said they were used as a human shield by the regime of colonel Qaddafi but their asylum was approved, and the asylee is still worried that this could come up again during the GC application or Naturalization. From your experience, do issues like this person who was used as a human shield come up again after the asylum is granted?
Usually not at the GC stage, which is very cursory (which leaves me wondering why it takes so long), but it could – I have one client whose GC has been held up because they want to see a copy of his criminal record from his home country. This was not a problem at the asylum stage, as it was explained, but somehow USCIS found the issue after he filed for a GC. That is the only such cases I have seen. Usually, if such an issue comes up, it is at the citizenship stage, where they look more closely at your case. I do not think this particular issue is likely to be considered “material support” of terrorism, but that is such a broad concept that you never know if USCIS will want to look into it. While I doubt this would block him from citizenship, I guess it could cause a delay in the case. Take care, Jason
What’s the fastest Service center to issue the GC when applying for LPR after winning the asylum? I heard Nebraska and i heard texas is the worst! Is there any other service center issuing GC faster than Nebraska??? I have a serious medical condition so is that can help to expedite the producing of the gc ?
You have very little control over which service center processes your case. You have to send the application to the appropriate office based on your address and/or the type of case. Also, USCIS moves cases around internally, and you have zero control over that. You can ask that USCIS expedite a case – I wrote about that on January 29, 2020. Take care, Jason
Thanks for your reply jason
I live in ohio so it should be at Nebraska SC unless the USCIS moves the cases as you mentioned ! Ha e you ever heard about faster service center than Nebraska? I don’t mind moving especially if it will help fast the process cause I really need to bring my gf (future wife from a 3rd country ) to the US asap i also have medical issue that helped me expedite my asylum interview so you think i still can use my medical issue to expedite the GC process too? Thanks a lot jason
I think the NSC is the fastest – you can check the processing times at http://www.uscis.gov to see what they say. Also, you can mention your health condition, provide evidence, and ask for expedited processing. It may or may not help, but it doesn’t hurt to ask. Take care, Jason
When is a reasonable time to sue them for the delay in processing the asylum based green card? should the asylee wait one year after filing to adjust status or 10 months is enough? or six months? From your experience, what would be convincing for a judge?
After the long and stressful asylum wait, what should the asylee expect when filing for the GC?
There is no specific time frame, but you should make “regular: inquiries first (I wrote about this on June 2, 2021) and give them a few months to respond to each inquiry. Once you have exhausted the other remedies, you will have a better chance for success with a mandamus. Take care, Jason
Hello Jason, my asylum was approved about two years ago. My political story in long and complicated. There is something that worries me. When I was student at University in Libya (my home country), the Gov of colonel Qaddafi used me as human shield during the NATO military campaign against Colonel Qaddafi Regime in 2011. The Gov forces took us from Uni, put us on buses and took us to Gov compounds so they won’t be stroked by airstrikes. I think their idea was if they put hundreds of civilians there, the NATO won’t bomb those Gov Compounds.
This small piece of info about me being used as a human shield is not a base for my asylum. However, it is mentioned in one of the articles that I submitted among my supporting documents. It is between the lines and I do not remember the officer being interested in it. I do not even know if the officer read that article that mentions this.
My asylum was based on the more recent work that I did towards democracy including my work with state department who sponsored some of my trips and civil society training in the past. That being said, I keep being worried that the because I was used as a human shield by a regime who was hostile to the West and the U.S, might come to haunt me even after my asylum was granted. I am not sure if this a big deal or not. I do not know if the officer have seen it or not. What if another officer notices this during a review and thinks it is problematic? I hope you can share some experience and insight with me.
Asylee
Man why you worry so much???? You been granted asylum through the office and the supervisor so why you think they will focus too much on your case!!! You need to stop thinking like that and just breath you’re granted asylum! I don’t know but i never heard someone denied GC ir citizenship cause another officer later messed it up! Unless a big thing turn on that’s different but don’t worry too much
It is possible to win asylum but then be unable to get the GC (it happened to my friend). This is pretty rare though, and I do not think many asylum seekers will ever have to worry about it. Take care, Jason
I think that this is unlikely to be a problem for you. The potential issue, I think, is whether being used as a human shield is somehow materially supporting terrorism. The material support bar is very broad, and so I guess it is not impossible that this will come up. However, I think it will be ok because you did not actually provide any support. You were transported to a location against your will and placed in harms way. You did not give anything to the Qaddafi regime. If, for example, a terrorist stole your car against your will, that would not implicate the material support bar, and this similar to that scenario. In short, while I think it is not impossible that they will raise this issue, I think it is very unlikely. Take care, Jason
Dear Jason
Thank you for everything you do for people like me , am regularly following your answers and blogs for more than 3 year, my case is complicated, i got an approval asylum on june 2016 i belong to political party which have a military for few months against my dictatorship government, I didn’t join it at all because they where in other country and i was young that time and i was studying in different country, when i applied for GC on Aug 2017 i did my fingerprint & medical exam and i sent it, then I applied for my wife and kids and they are here in the US since 2019, my GC was pending since that time i contacted my congressman the reply that the case pending because they party he belong to me has military then my lawer email the USCIS to prove it wasn’t fighting military and thats true ,, they did not get back to us my lawer say the GC in hold, then i contacted my congressman again the USCIS reply that am in Background check , a few days ago i got notice I 797 C , it say we dont need your fingerprint we going to use your old fingerprint,, my question is that mean they start to work in my case again ?! Or just it normal process?!
Yours
Joe
I suspect it means that there will be some movement on your case. It is difficult to know, however, as several of my clients recently received notices like these. It is very difficult to know what is going on with USCIS these days (or ever). If there is no movement, you might consider a mandamus lawsuit to see if you can force them to issue the GC. I have a friend who is being held up in a similar way, and it is very distressing (and completely unjustified). Take care, Jason
Hi Jason, this is a hypothetical and general scenario, but it is worth thinking about. As you know asylum cases get at least reviewed twice after asylum is granted, first when the asylee applies for a green card and second when the asylee applies for naturalization. If during a review long after the asylum is granted, they find something in the case or in the supporting documents that they think might disqualify the asylee, what would they do? Asylum cases are usually super long with hundreds of pages of supporting documents and asylum officers cannot read every paper and each line. So, if they think that an important piece of information was missed by the officer who adjudicated the case and that this piece of information could disqualify the asylee, would they invite the asylee to another interview? Ask him for clarification? revoke asylum directly? Any other course of action? And what are the asylee options?
It would depend on the evidence that turned up. I think if the evidence made it seem that the asylum case was fraudulent, USCIS would likely reopen the asylum case and potentially terminate asylum and try to deport the person. If the evidence did not indicate a fake asylum case, I think they would do nothing. While you are correct that the asylum case is reviewed twice (usually very superficially during the GC case but often more thoroughly during the citizenship case), instances of reopening the old asylum case seem to me to be very rare. Take care, Jason
Hi Jason:
From your own experience, if a person has a tps and gets denied by the asylum office, would he still get to go to court or no? Thanks in advance
I think they do get sent to court, at least I have seen cases in court where the person had TPS and was referred to court despite that. Meaning, at one time, TPS people who were denied asylum were referred to court. I am not certain that this is still the policy today, as it makes more sense to not refer the person, since he would not be deportable (and the only reason to go to court is if you are potentially deportable). I suppose if this is your situation and you have an asylum interview, the officer will explain whether you would be sent to court. Take care, Jason
Hi Jason,
I really appreciate you for the help you offer all of us.
Thank you for the good news your earlier response brought that my address change -that moved my pending asylum case to a different office/state- shouldn’t be considered an applicant-caused delay and won’t affect the renewal of my EAD (as I already have an EAD). Now the question is whether this also applies to my minor children but were never issued an EAD yet? and what if any should I do so they can get an EAD. Their ages are 15,12,10, and 8. They will need EAD as an identification and to get SSN. FYI, we just moved a few weeks ago and I changed my address with USCIS (which I assume have changed the address of all my dependents too).
Thanks!
Assuming you are all in one case, changing the principal’s address should move the case for everyone. Also, there is only one Asylum Clock, and since you have an EAD, your clock has already reached 180 days. For this reason, all your dependents should be eligible for their own EADs. One caveat: If the Asylum Clock stopped and less than 365 days have passed, they may each need to be a member of ASAP or Casa de Maryland to get their own EAD. I wrote about joining those organizations on September 23, 2020. Whether this is needed depends on when your case was filed, but since at least one of the organizations is free (ASAP), you might as well have them join and include info of membership in the EAD application. Many parents get an initial EAD for their child, since it is free and gets them an SSN, but do not renew, since younger children probably do not need the EAD and so it is not worth paying for. Take care, Jason
Hi Jason,
I’m on a pending asylum case since 2015, trying to renew my EAD this time and it’s taking about 8 months.. USICS say “it’s stuck”, any recommendations?
It’s simple. You can apply 180 days before expiration day and get 180 extension. So you will have 1 year. That means 8 months are good enough for processing time
EADs have been moving slower, especially for many people who filed in late 2020/early 2021. If you have time, I would just wait, but if your old card and the automatic extension are expiring, you can try calling USCIS at 800-375-5283. It is not easy to reach a person, but once you do, you can explain that your ability to work is ending and how that will affect you (for example, you will lose your job). Sometimes that can help. Good luck, Jason
Hi Jason ,this is the third time my sister apply to renew her EAD ,after one month they send her the new EAD but it valid for only one year ,but the other two were valid for 2 years each .we can’t understand.is that something wrong ?this is a mistake ?
I am not sure why that would be. Might she have applied under a different category? Some categories are only for one year. The category for asylum pending is c-8, and that is written on the EAD. EADs issued under c-8 should be valid for two years. You might check to see what it says on the card. If it is c-8, I do not know why USCIS issued the card for only one year. You may want to call them and tell them about the error: 800-375-5283. Maybe you can get them to issue a corrected card. Take care, Jason
Jason she applied for categories C8 .this is the same categories she did it every two years .because no interview yet.
Normally that should be a two-year EAD. Take care, Jason
Hello Jason, I have a technical question about FOIA. I previously worked at the U.S embassy in my country in the middle east and had to get clearance to do that. I was also granted a U.S visa multiple times in the past. My asylum was approved after two interview back in 2019 and now I am still waiting for my asylum based green card. I would like to file a FOIA from all U.S Gov agencies. I specifically want to get my info from the USCIS, DHS, FBI, CIA, State Department, and all other agencies. 1- Can I as an asylee request this info? 2- Do you file one FOIA request for all gov agencies or you have to file several requests for several agencies? 3- From your experience, when you filed FOIA requests for your clients who were granted asylum, were you able to get USCIS analysis of the case and the officer’s analysis? USCIS officer normally write an analysis about the cases after reviewing them and interviewing the person whether they approve or deny the case.
1 – Yes, but you will have to make multiple requests – as far as I know, you will need one per agency, since there is no government-wide FOIA request (at least I have not heard about that). 2 – Yes, I think so. You will have to check each agency, as I am guessing that they each have their own FOIA process. 3 – Sometimes, we get the officer’s notes; other times, we do not. I am not sure why. I have never done a FOIA where case was approved (at least I cannot remember doing that), so maybe it is more likely to get the notes where you were approved. Take care, Jason
Hi Jazon,
My asylum case has been pending for 6 years now. I have never been called or anything. And I now I got married to my long time US citizen gf, and the marriage based green card interview is in a week, so I have the following question:
1) Is there anything I should be prepared to tell the officer in regard to my asylum case?
2) After I got approved for the marriage green card and get the green card, can I go back to my home country? It has been 6 years and we have a new president and the situation is pretty much calm now, people are not really arrested or killed anymore and there is not much to be scared anymore since that former president and his people that were doing all that are gone.
3) Do I need to go withdraw my asylum case after I get my green card from marriage? Where do I go withdraw it ? Please let me know.
Thanks a lot!
1 – I doubt they will ask much about this, but if you have a copy of your case, you should review it, so you are ready. Also, you should bring a copy of the asylum case with you and your receipts, in case they need that. 2 – I would be careful about that. Even if you got the GC in some other way, a trip home could cause the US government to think that your old asylum case was fake, which could cause them to try to deport you. This is all probably unlikely, but you should be careful nonetheless. I did a blog post about this with more info on January 6, 2016. 3 – Once you have the GC, you can email the asylum office to ask about withdrawing. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason, I have a question, my asylum was approved in late 2018 and got my green card in mid of 2020, I already have visited two different countries for four weeks after getting green with my own country passport and at the return immigration officer was very friendly he just asked couple of general questions and said welcome back.
My sister is very sick and I want to see her, can I go back to my country for couple of weeks going to a different city airport in my country ( not the airport of my home town)
My asylum was against religion not against state
I may not be safe if people know I am there.
What type of consequences I can face on my return if go to my home country
I have clients do this and they have not had a problem, particularly where the government is not the persecutor. However, you should keep the trip short, and be prepared to explain why you went and how you stayed safe. I did a post about this on January 6, 2016 that might be helpful. Take care, Jason
Hi Jason,
I have a pending asylum case and applied to renew my EAD in March. While waiting for my new card to arrive I got a job in a different state and moved this month and changed my address with USCUS. My new address will cause my asylum case to be transferred to a different state. Will this cause my EAD to be delayed or denied as an applicant-caused delay? I know it’s too late to ask but I was unaware if this problem until I have already moved.
Thanks
Moving your case should only affect people who do not yet have an EAD, so you should be fine. However, when you did the AR-11 form (assuming you did it online), you had to include both the I-589 and the I-765, so the address is changed for both cases. If you did not do that, you still can. Take care, Jason
Thanks Jason for both the information and quick response , I appreciate you!
Hi. Jason. Can I withdraw my pending asylum application through texas service center? I sent withdrawal letter to local office but no respond even I tried all way?
We send withdrawal requests to the local office, and we do that by email. You can find their email if you follow the link under Resources called Asylum Office Locator. After you email them, give them a couple weeks, and if they do not respond, try again. Take care, Jason
Hi Jason,
First, I want to say thank you so much for the great help and information.
I have two questions:
1- If someone has a TPS and a pending Asylum case, Would there be any impact to the Asylum case if he travels outside the country using a travel permit under the TPS.
2- Do you think that the new administration will create a path for the TPS holders to the green card.
Thank you again and God bless you!
1 – The person would need to use their passport, which could cause the Asylum Office to question why someone is using a passport from a country that wants to harm them (this is less of a concern where the person fears harm from non-state actors). Also, of course, returning to the home country would likely cause an asylum case to be denied. At the very least, the return trip would need to be explained. 2 – I doubt it, as they are having trouble getting a path to a green card for DACA people, but you never know. Take care, Jason
Hi Jason
I have a question ,my sister was referred to the immigration court after having 2 interviews at the asylum offices.her hearing was in April 2021 but pushed forward to October 2021..yesterday when she called to check if her hearing date has changed..the answer she got was the system does not have your next hearing date..what could be happening..is it something that happens or it’s awkward?
Thank you.
This is common. The hearing that day is likely being rescheduled, but there is still no new date. I am going to post something about the problems at Immigration Court later today, but the basic answer is that the courts are a mess. She can call the court and try to talk to a clerk to verify whether the case is indeed being rescheduled. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi!
Thanks for your amazing help 🙏
I have a pending asylum case for almost 4 years now, I keep renewing the ead and waiting for interview.
I live in Florida and get alot of job opportunities in the Caribbean wich unfortunately I can’t take because of the immigration issue on my way back from there.
Is there any special pass that I can ask for thos specific cases?
You could try to expedite the case – I wrote about that on March 30, 2017. You could also apply for Advance Parole. I wrote about that on September 11, 2017. However, AP would probably not be so helpful for trying to have a job in the Caribbean. Even if you win asylum, it will not be easy to maintain your status if you live outside the US. It is possible to do that, but it will likely require you to return to the US several times a year and spend some significant time here. Also, if the Caribbean country gives you status, it might cause you to lose your asylum status, so you have to be careful about that. Take care, Jason
Hello Jason, thank you for answering our questions.
I’m an asylum seeker (category c8) and I applied for I-765 renewal after August 25, 2020 when new rules in USCIS came into effect. My question is how long will it take to get a new EAD? And does “unspecified timeframe” mean I might not get it at all? I’ve been waiting for 4 months. It is Nebraska office. Thank you.
We have seen such cases take maybe 4 to 7 months, so hopefully you will get it soon. Some cases take longer, but they are not very common. You can check the posted processing times at http://www.uscis.gov. Take care, Jason
Hi sir ,something wrong because my sister applied one month before and they sent her approval notice and today they ordered to produce her card .we have updated and she applied for CASA membership and added it to her file before mail it.
Jason, if you could pls explain this in simple English. I feel like I’m missing something. Thank you…
the alien has voluntarily availed himself or herself of the protection of the alien’s country of nationality or, in the case of an alien having no nationality, the alien’s country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations about other permanent residents of that country; or
(E) the alien has acquired a new nationality and enjoys the protection of the country of his or her new nationality.
This means that either you voluntarily returned to your country or that you are “firmly resettled” in a new country (besides the US), meaning that you were offered a chance to live there permanently. I wrote more about firm resettlement, which is a tricky concept, on June 22, 2017. Take care, Jason
Thanks a lot jason for making time to answer the asylum seekers question!
I had interview 3 months ago and my attorney said i did a great interview and she is so hopeful they will grant asylum for me hmmm she is a very experienced immigration attorney since 15 years ago and i know she could be wrong about her feelings but i was reading many topics online and many attorneys said the attorney who attend the interview with the client most likely feels how’s the decision gonna be but it could be wrong for sure hmmm i had a friend who was referred to the court and after his asylum interview his attorney said i was hoping you would do a better interview than that but good luck! And he was referred to the court but luckily he married his American girlfriend and got his green card through marriage especially they had 2 kids together but my point is do you really think the attorney who attend the interview with the client can possibly predict the decision?
There are certain things that we know after the interview – for example, if the client’s testimony was consistent. This helps us evaluate whether they will be found credible, which is a big step towards a grant. There are other things we do not know, for certain cases where there are ambiguous legal issues, for instance, we may not know how the officer will decide. Those cases are pretty uncommon though. Based on this, we can have a pretty good idea about how the interview went, and the likely result. I will say that in my own experience, I have had a couple surprises where I thought the case should be granted, but that the decisionmaker was just plan wrong (two or three of those cases went to court where the cases were granted without a hearing – meaning that the judge and the DHS lawyer (the prosecutor) agreed with me that the Asylum Officer’s decision was wrong). I have had more surprises the other way – where I thought we would get a denial, but we ended up with a grant. But for the most part, lawyers have a pretty good idea about the result (though we usually have no idea about how long the result will take). Hopefully your lawyer is correct in your case. Good luck, Jason
Hi Jason I submitted every evidence,my wife injured after my departure,and in the NTA they wrote I overstayed my visa.that was the reason the sent me to court .and we my attorney and I ,sent written pleading and my attorney request from uscis my file to be send to our immigration court and to read it again .until now they don’t send any individual hearing yet ,I am still waiting .do the give me final decision after reading and see my case ?
Josh
Your wife injured after your departure is never enough evidence to be granted asylum!! Read jason latest article it’s applicant who lost her son in her home country from gangs and the refused her case!! The asylum framework is so complicated and it needs specific reasons to be granted! So the officer will easily think how come it’s dangerous for you when ur wife was injured but still alive and life goes on!!
Good luck my man but don’t give the right to yourself of feeling you deserve to granted asylum without understanding the whole asylum framework work and process
You don’t know my hole case that is why you give your point of view .the beat my wife with gun ,she was supposed to dead and she found herself at hospital.they tried to kill me that is why I left my country.if somebody talk about his case you must think before answer .
Submitting written pleadings has been hit or miss for us – sometimes it works; other times, it does not. Also, the time frame is not predictable. You can call the court to ask the judges clerk about the status of the written pleadings – you can find their phone number if you follow the link under Resources called Immigration Court. It is very unlikely that they would just approve the case. Normally, at a minimum, you need to show up for a final hearing. Sometimes, DHS agrees in advance to approve the case and maybe can make that request in writing, but in almost all cases, you have to appear before the judge. Take care, Jason
Hi Jason, You mentioned ” cases were granted without a hearing” — Pls tell us more about this process…Is it like on the day of IMH, you talked to judge/DHS attorney or even long before IMH?
Thanks!
I might have meant that DHS agreed before the hearing to a grant, we told the judge, and the judge granted the case. So there was a hearing, but all that happened was DHS said they agreed and the judge granted the case. Sometimes, DHS might agree in advance and you can file documents with the court, and then the judge will grant the case without a hearing, but that is rare. Take care, Jason
Hi Jason,
Did you hear about any successful attempts for expediting the N-400 application for asylees who had their green card for 5 years. If so, does your office work with cases like this?
I have not heard about that, but it is possible to expedite any cases with USCIS. I wrote about that on January 29, 2020. Many attempts to expedite do not succeed, but some do. In terms of us, we sometimes try to expedite cases for our clients, but we do not have the capacity to do that for a case we did not file in the first place. Take care, Jason
I had interview last week and by the end of the interview the officer didn’t tell me anything about when to expect the decision hmmm is that normal? Cause i read many comments here that the officers told them you will receive a decision in 2-6 months etc etc !
Second thing i served in the army of my country and the officer asked me some questions if i ever hurt somebody or prosecuted anyone at the army and all my answers were no no no hmm so will my case move to HQ or not necessarily?
It is normal for the officer to not give a time frame, and even on those rare occasions when they do give a time frame, it is often wrong. The fact that you served in the military may cause delay in your case, especially if the military in your home country is known to abuse human rights. There is really no way to predict that, but military service does potentially slow down the case. Take care, Jason
May i ask why serving in the army usually delay the decision process??! I mean is there gonna be extra background check or what? I’m sure not everyone is transferred to the HQ especially i never persecuted anyone
It just seems to. My guess is that many of these people are coming from countries where the military commits human rights abuses and so that may be part of the problem. Also, they tend to give extra attention to such people (more questions at the interview, for example) and so maybe there is a more thorough check. But at least in my practice, delays for people who served in the military are common, though they do not occur in all cases. Take care, Jason
Hi Jason,
Would u take an Immi court case in NYC?
I understand that u have to look into it and etc. , but just wondering if u guys work in NYC imii court.
If yes, how much does your consultation cost and do u do it by zoom?
We potentially could, but you may be better off with a local lawyer. For us, we generally do phone consults these days (not zoom) and the fee is $200. Take care, Jason
Jason, If somebody has the option to file his Asylum case either from SF or NY; where would you suggest him to move keeping approval chances as well as speed in mind?
Thanks!
SF. I did a post with approval rate for the different offices on February 7, 2018. Take care, Jason
Hey jason
I have a very serious medical condition and i let my doctor in Indiana wrote me a medical report describing my case and how i need the medication and also a report from the hospital and the USCIS officer took the report but she didn’t call my doctor yet! Does they have to call her or not required sometimes yes sometimes no? I hope the officer calls her
It depends on the context. If you are trying to expedite an asylum case (and in most other contexts), they would not call the doctor, they would just look at the letter and make a decision about expediting. Take care, Jason
Hello jason
Do you have any idea about the specific time chicago asylum office sending the decision after the interview? I knows it’s different from person to person but what’s your experience with them!? Your last customers there when did they receive the decision?
I don’t have a huge number of cases there, but I think most of my cases had decisions within a few months. My impression is that that office is relatively fast compared to other offices, but it may just be my particular cases there. There really is no way to predict the times frame for decisions. Take care, Jason
Jason,
How much does an Asylum case in court(just IH) can cost, on average. Referral after an asylum interview(reason:inconsistency),no 1 year bars and etc. case is ready with all evidence and etc., and send to asylum office years ago(5) and unfortunately after my MH i need to find another lawyer for my IH. I understand that price can vary A LOT, but at least so i know aprox. Because going and “trying” different lawyers are very expansive ….in NYC they will charge u 200-300 per 1hr of consultation….
Thx.
For court, we are now charging a flat fee of $8500 for most cases. We raised our prices this year since the situation has become more difficult. I think we are still on the low side compared to many firms, but we are more than some too (and more than we used to be). I did a blog post about your question on March 2, 2016 – maybe that would help. Take care, Jason
Even if Master Hearing is all set ?
That is the price we now charge for the entire court case, including two trips to court. One trip would be less. Take care, Jason
You said “I did a blog post about your question on March 2, 2016 ” — How to locate that post? I think, you can just paste the link to the post…If its possible 🙂
It is more time consuming for me. In the upper left side of the blog is a way to search by month and year. Take care, Jason
Hello jason
Some folks have 3-4 hrs interview and others have less hmm i had interview for only 1 hour and my attorney said i did a great interview cause i had lots of evidence and tutorials injuries on my body that the officer saw it all! Does the duration of interview means or refers to anything?
Not really – as long as you discussed the substance of your case and covered the main points. Some officers are faster than others. Good luck, Jason
Hi Andy – Did officer actually looked at your scars on yr body?
Thanks!
k ali
If you looking for a good attorney in Chicago then definitely you need to contact Attorney “[redacted]” man she is the best in this area!!! She will answer all your questions! Trust me before going to her i was lost with a different attorney in Chicago ! Inshallah brother she will be the best attorney for you! Prayers
Sorry – I cannot allow attorneys to be listed here by name, as that could get me into trouble. Take care, Jason
Thanks man, can you provide me your email id coz here I am not seeing her name
Just FYI,
Applied for an EAD under new category asylum granted in October 10 2020.
Application approved as of June 30 2021.
It took my 9 months to get my EAD.
Hi jason. I checked everywhere but I couldn’t find miami asylum office email address. Could please help me?
Follow the link under Asylum Seeker Resources (at left) called Asylum Office Locator. You should be able to find the Miami office web page, which should have their email. Take care, Jason
Hi Jason, thank you so much for your help and support for all of us. God bless you always.
I had an interview last year and my case has been referred to court. I am looking for a lawyer in Chicago . Can you please suggest me some best asylum lawyer here.
Secondly, I am looking for expert witness for Afghanistan. Please let me know if you can recommend to Anyone. Highly appreciated
Thanks you once again
Regards
I do not know a lawyer in Chicago, but you might start by looking at AILA.org. Also, you can contact non-profits in Chicago to see if they have a referral list. In terms of experts, I do a lot of Afghan cases, but I have never used an expert (so far). It would really depend on the specific issue. For example, do you need an expert on Hazaras? Or women? Etc. I did a blog post on October 14, 2020 that might help with this, at least more generally. Take care, Jason
Hi Jason,
Do you take case in Chicago ? How to get in touch with you?
We do, but if you are looking for a local lawyer, you can try AILA.org. We can also do cases in Chicago – my email is JDzubow@DzubowLaw.com. Also, sorry – I have to remove the names of lawyers I do not know, as that could create issues for me (if they are crooks, for example, or they do not want their names on my blog). Take care, Jason
This is the link for my attorney .he has his office in Chicago and is on my asylum court case too.
Go to google and type [redacted] office and call his office number .
Sorry to be annoying, but I can’t leave info about other lawyers up here, as that could get me into trouble, since I do not know them and cannot vouch for them. Maybe the person got that info before I removed it. Take care, Jason
Dear Jason,
My asylum case was pending decision for almost 2 years. Yesterday USCIS online system notified me that “ we received your case and waived the filing fee for your Form I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION” even though i already have an EAD and have not submitted a new EAD application.
Today i got another notification saying “ Your Case Status: Decision
We reached a decision on your application. You should expect to receive the decision shortly. You must follow the instructions in your decision letter as to what to do next.” Does this suggest referral to the court?
Hi you are been approved for asylum .congratulations my dear .if the wave fee this is approval .congratulations again
Many people here say that this means that the case is granted, and hopefully that is true. Nevertheless, it is best to remain patient since you won’t know for certain until you receive the letter, which will hopefully be in a week or two. Good luck, Jason
Hello jason
Does recommend approval still exist or not anymore as they wait till the background check is done then they send their decision?
I think the Trump Administration either eliminated that or said that there a work permit would not issue at the time of a RA – I can’t remember. I also cannot remember if that rule was blocked. As far as I know, it is in effect and I have not heard about it being reversed. Also, I have not seen an RA in a few years. Take care, Jason
Congratulations sam! Fees are waived means your asylum got approved!
Jason why background check takes time? I heard many attorneys says background check including only here the US not the native countries so why it takes forever especially if my record has 0 issues!
I really do not know – I have never seen a background check delay in court, and so I do not know why they have such long delays at the asylum office. Take care, Jason
Jason i have a question while my interview with the officer she asked me to write my name in my language on the paper not in English !!! Is that something happens with all ?
At the end of the interview, you have to sign your name and write your name in your native language on page 10 of the I-589 form. That should be for everyone. If she asked for that info during the interview or for some other purpose, that is not common, but it is not so surprising either. Take care, Jason
Hello jason
I just read that if you get tue GC based on asylum you will have the date of grant asylum on the gc not like marriage which u get the date when they print it so my question now if my Gc process takes 1-2 years is that also counted with the one year i waited to apply for the gc ?? I mean if i granted asylum in 2021 and will apply for gc in 2022 then i will recipient the gc on 2024 then i will apply for citizenship on 2026??? Cause the gc daye is based on the asylum grant date?
Whenever you get the GC, it is back dated one year – whether it takes a year or 10 years to get the GC after you apply for it does not matter. They only back date it one year. So if you get the asylum-based GC in 2024, it will be back-dated to 2023, meaning you can apply for citizenship in 2028. Take care, Jason
How long does it take to process a motion for change of venue at the Arlington court? what can be done if it takes longer that expected?
It is not predictable. Some judges are faster than others. You can call the court and try to talk to the judge’s law clerk. Calling the court these days has become very difficult, though, and so be prepared to call multiple times, leave messages, not get call backs, and try again. Hopefully, you will have more luck calling than I did. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello jason
After granting asylum will i have to go again for interview when applying for green card???? Or it’s not common?
USCIS announced that all GC applicants would get interviews, but many still do not receive interviews. So you may or may not get an interview. If so, the I-485 interviews are generally much shorter and less involved than asylum interviews. Take care, Jason
Hi Jason.
I have a question. I applied for an asylum before one year expires after I came the US. I don’t know why they put me on a removal proceedings and they received my case as a defensive asylum. After that I didn’t get any interview or hearing scheduled yet. Do you know do I can expedite my case even if its in defensive? And do you know normally how long is it taking to be interviewed or to be scheduled for the court ? Thanks again
Normally, the Asylum Office would give you an interview and determine if you met an exception to the one-year deadline. If you did not, they refer you to court, but if you do meet an exception, they can grant asylum. But if you have been referred to court, you will have to proceed with the judge. I wrote about expediting a court case on March 30, 2017. I also wrote about the one-year bar on January 18, 2018. How long it takes for a case to get started in court and how long a case takes once it is started is very variable, and it depends on the judge and on luck. Take care, Jason
hi Jason – When you refer to your old posts, its not easy to find… Would it be possible for you to paste the link itself for the old post?
Just a suggestion if possible 🙂
Thanks!
There is a search mechanism in the upper left that allows you to search by date (under Archives). Posting links is more time consuming and so I cannot do that. Take care, Jason