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
Hi Jason .I sent written pleading to the court since February as the want because my MCH was on March 22 but they asked for written pleading because of COVID-19.since that date we don’t received any appointment for individual hearing yet.I asked my lawyer to call the immigration court but he said to wait they will send us letter anyway.and because of renovations of our court building they do every interview now in MEMPHIS .but I don’t why they don’t call us yet .I can’t do anything now and he is the only one who can call and ask about my case .do you think I must wait for the immigration court to call us for individual hearing ?
Delays like this do happen, but I think there is no harm in calling the court to talk to the judge’s clerk. At least maybe they can give an idea about the time frame. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Good day Jacob . I have a question regarding EAD . My EAD ( based on pending Asylum case since june 2015) expires on September 11. 2021. I submitted documents to renew it on May 2021 and I received USCIS Account Access notice on May 28 2021 (notice day). I sent to Texas center but notice I received from Potomac service ( Arlington VA) . When I’m checking processing time for Potomac center for my c8 category it’s 2.5-8.5 months , for Texas is 3 weeks to 8 months.
1.Which time frame I should follow for my case ?
2. I recently got a new job ( it’s my dream job), now I’m scared that I will lose it because of EAD that expires on September. I know about automatic extension for 180 days for c8 category , but today is August 26 2021 and I didn’t receive any notice about that extension.
3. Also in order to send a request for case that is “outside normal processing time” which timeframe i should use Potomac or Texas?
1 – I am not sure these time frames are very meaningful, since you do not know for sure who has your case, but I generally assume that the last office to send a notice has the case. 2 – The receipt is the only notice you get. Probably, you will need to explain the situation to the employer, so that they are aware of your EAD issues. But since you filed in May, it is very likely you will receive the new EAD before the 6 month extension expires (and maybe – hopefully – before your actual EAD card expires). 3 – I guess Potomac, since they sent you the last correspondence. Take care, Jason
Hello Jason,
1. I have seen how Gov agencies in the U.S ramped up their abilities and resources to deal with COVID-19. Millions of unemployment claims were processed in short period and millions of applications under the payroll protection program were processed to pay affected people. Why we do not see this with USCIS and the relevant immigration services? asylees even pay gov fees of more than $1000 to get their status adjusted and pay more than $200 for travel documents and yet they wait months and sometimes years for something that should not take that long.
2. Is there any collective legal actions asylees can take together to address this situation? waiting for asylum it self is a hell, but waiting after asylum is approved and all the background checks were done is madness.
1 – Hopefully, they will be making things faster. In the asylum realm, they have advertised to hire an additional 141 asylum officers. USCIS has a new director and hopefully, she will do some house cleaning. 2 – I did a post about that on April 7, 2021. Take care, Jason
Hello Jason
Do you know if the Potomac service center? I have had zero luck reaching anyone here.
Hello Jason
My question was! If you knew if anyone at the Potomac service center is working. I have been trying to get into contact with this center. I am assigned to this one. However I am unable to reach a live person.
I have done the online inquiry aswell.
I do not know how to contact them other than by mail or through the general phone number (800-375-5283) or USCIS Help (a link is under Resource). Take care, Jason
Hello Jason
I would like to ask another question! Thank you in advance for helping people like us.
In a case that the 180 day extension expires, does this mean I would have to stop working?
Unfortunately these things are out of our hands. I am just thankful for everything being blessed to be out of my situation that I was in, in my country!
I understand everything is slow down & backlog.
Many thanks for all you do.
You are a angel for the Asylumist.
If you have an asylum pending (c-8) EAD, and if the 180 day extension expires, you are not allowed to legally work. Take care, Jason
Hi Jason,
If I get AP., is it safe to travel to my home country? Or, I have to face denial of re-entry to usa? Specially in this covid situation. My home country is india. Is it advisable to get AP and travel to home country?
If you travel to India with AP, you will need to explain why you went and how you stayed safe, and there is a very good chance the return trip will cause your asylum case to be denied. Take care, Jason
Hi Jason,
I was wondering if a request to expedite RTD is denied, can it be appealed? If so, do you have any recommendations for how it could be done?
Thank you.
I know of no way to appeal that. Maybe you could ask your Congress person for help, but I know of no procedure to appeal the denial of an expedite request. Take care, Jason
Hello Jason,
I had my asylum interview couple of years ago and my decision is pending. I recently submitted some evidences through the mail. Do you think I shouldn’t have done it and just waited for my decision ? Please let me know.
If the evidence is important, I think it is probably a good idea to submit it. Depending on the evidence, I suppose it could result in a second interview, but I doubt submitting additional evidence would cause delay. If anything, it might – hopefully – cause them to look at your case and work on it. Take care, Jason
@ahmed
I remember when my attorney was telling me the uscis don’t like to be pushed a lot! It’s up to you but in my opinion if they denied your expedite request then just don’t do anything and give up cause in the end it will be bad for yoh I remember on this website 2 months ago someone told jason that he tried to expedite his GC process twice but failed then what? The rejected his application and transferred it to the local office then they transferred it to the asylum office i mean if u keep push them they might open everything again and try to find mistakes in your application just to mess up things for you so my advice is leave them alone and don’t expedite again your RTDif they denied your first request
I think it would be very unlikely for an expedite request to hurt the case; I just think it won’t work, especially where they have already denied it and there is no new basis to expedite. Take care, Jason
Hello There!
In process of Asylum, if one wants to apply Employment based GC, at what stage he can apply for it?
After filing Asylum OR getting RTD OR after getting Asylum approved?
Thanks!
At any stage, but you have to talk to a lawyer to know whether you are actually eligible to get the GC – I wrote about that in the two posts I mentioned previously. Take care, Jason
Thanks for taking my question, Jason!
1-My friend is married to GC holder woman. If she files for him, how long it’ll take for him to get the GC(category is current, presently)?
2-He is OOS, then she can’t file for him, right? But can he get EAD?
3- As he is currently OOS, what process / wait he has to do in order to get GC?
Thanks!
1 – These cases can take a while to process. You can check the processing time at http://www.uscis.gov, but my guess is that the GC process would take 1.5 to 2 years (but it could certainly be longer). 2 – Probably not and probably he cannot get an EAD based on the pending I-485. There are exceptions to the rule, so have him talk to a lawyer to be sure. 3 – Probably leave the US. I wrote about that on September 6, 2018, but again, he needs to talk to a lawyer to know for certain. Take care, Jason
Hi Jason – Looks like F2A category (Spouses and Children of Permanent Residents) is current.
Does that mean, spouse of GC holder can file for AOS interview immediately and if approved can get GC w/t wait (similar to process marrying an USC)? Is there any quota for the same?
In terms of the time, it should be the same as a USC. However, in terms of eligibility, it is not the same. If you are out of status (but entered the US legally), usually you can adjust status and get a GC based on marriage to a US citizen. But if you are married to a person with a GC and you are now out of status, you probably have to leave the US. I wrote about this on August 28, 2018, but talk to a lawyer about specifics to know for sure. Take care, Jason
Hi Jason. I have pending asylum case since 2017. I have a person who can give me sponsorship in any manner. Is there any way that I got green card on sponsorship base?
Talk to a lawyer, as there is no way to know from what you wrote, but it may be possible. Also, I did a series of posts about this on August 6 & 28, 2018 and September 6, 2018. Maybe those would help. Take care, Jason
Hello Jason, for asylees with pending green card application, how should they answer questions like “do you live in the U.S permanently? or Are you a permanent resident?” .
Asylees have no end date for their asylum so it is indefinite.
If an asylee answers the question do you live in the U.S permanently? or Are you a permanent resident? by saying “Yes” is this good or bad and would there be any consequences.
I am not sure what question you mean, but if you have a status that is “indefinite”, you can just write that. Also, if you have to answer a yes/no question, but you have more to say, you can circle the question, write “see cover letter,” and provide an explanation in the cover letter. It should not be a problem. Take care, Jason
Hi Jason – Appreciate your services!
Couple of Qs on Prosecutorial Discretion- PD:
1- Can we apply PD just after Asylum Interview and before MCH? When earliest time to apply PD?
2- To get PD, It needs Attorney as well applicant to be in court, or can be managed by submitting paperwork alone?
3- Can we start the case again when we want later (year or two after PD was approved)?
Regards!
One more, PD can be requested from USCIS too or just in Immi court?
PD as it is generally understood is only for people in Immigration Court. Take care, Jason
1 – You can apply for PD any time in court, but PD just closes your case. In some cases, you can “administratively close” the case so the asylum remains pending in court and you can renew your work permit. In other cases (where you have some path to a GC), you can terminate proceedings so you can seek a GC with USCIS. Whether DHS (the prosecutor) will agree to PD depends on the case and the particular DHS office. 2 – I have done it by email the DHS office. You do not need a lawyer to do that, but it helps, as they (hopefully) know the procedure. 3 – Maybe, but it depends how the case was closed and whether the DHS and the judge agree. Take care, Jason
https://www.buzzfeednews.com/article/hamedaleaziz/enforcement-priority-immigrant-ice
[UPDATE]
Thanks Jason for all what you do to help us! Sorry for my lengthy message; I give more information than what’s needed to answer the question but I do that in case there are similarly situated folks who may benefit from this.
I followed your advice and called the USCIS on Monday to expedite the renewal of my I-765 (as my 180-days extension is ending in 50 days). After waiting on the phone for 97 minutes somebody picked up and listened to my reasons. I told him this delay will cause financial hardship and that I could loose my job. I also mentioned that this will also disrupt the course for about 500 students that I am teaching at a higher education institution. Today, I checked the case status on USCIS website and it changed to “we are actively your form I-765”, not sure what that means but I was happy to see it change from the old message. Now, I have two questions:
1. My supervisor is willing to write the USCIS a letter explaining how the delay in my EAD will affect students. Should I have him write it and include it in the same request? or should I have him file another request as I see one of the reasons for expediting is US government agency although my institution is a state not a government agency.
2. My employer also offered to sponsor an H1B but my passport is expired, and I don’t know if I will have to renew my passport or if I can make a change of status without having to renew the passport. If I have to renew the passport, will this have an adverse effect on my asylum case?
I appreciate you!
Sorry this is the message:
As of August 18, 2021, we are actively reviewing your Form I-765, Application for Employment Authorization, Receipt Number **************. Our records show nothing is outstanding at this time. We will let you know if we need anything from you. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
1 – If possible, I would try to keep everything together. I am not sure even what it would mean to open a second request. 2 – As far as I know, you would need a valid visa for an H1b, but talk to the H1b lawyer about that, as I do not do such cases and I do not know. Also, you may need to leave the US to get the H1b, in which cases, you would need a passport. Take care, Jason
Thank you Jason for all you’re doing great job.
I’ve been following this website since 2016.
I wanna share my timeline.
Asylum application submitted to local office January 2016
Work authorization renewed 3 times until June 2021
No appointment yet.
Applied employment based green card February 2017
All necessary steps have done April 2019.
Since asylum applicant I searched 3rd country embassy to transfer my case until February 2020.
First green card interview scheduled at 3rd country March 2020
Appointment canceled due to covid-19
2nd appointment scheduled April 2021.
Canceled due to covid-19
3rd appointment scheduled April 2021
Canceled due to no medical exam appointment
4rd appointment scheduled May 2021
Finally green card approved. Hooray
I stayed 2 months at the hotel at 3rd country.
By the way I obtained 3 different advance parole during this period.
Requested asylum withdrawal and received withdrawal receipt. July 2021
Received physical green card August 2021.
Total cost $40.000 My family and Employer.
Note: the hardest part is to find 3rd country embassy. I exactly contacted 47 embassies all over the world.
Woah. Very impressive (and expensive). Congratulations and thank you for sharing. Take care, Jason
Hi Jimmy, I am just curious, how did you applied for employment based green card in 2017, after you applied for asylum in 2016? Did your i94 expired? And also, can you please explain why did you stay in 3rd county? Thank you for sharing!
To SK.
Yes I94 was expired. I was working at a company and employer offered me. I had to go through consular processing not AOS. Interview and medical exam take long time. Also there is no guarantee to return but I obtained advance parole just in case. As I mentioned before 3rd country is the most difficult part. Be careful. If you need more details happy to help
Hi Jimmy, Can you please contact me 786-224-0494. I would really like to ask you few questions.
That’s very nice. Did you try AOS here and got denied?
How do you reach out to 3rd country embassies?
Hi JIMMY,
Thank you very much for sharing your story and timeline and congratulations on gaining your green card. Which country did you go to for consular/visa processing. Were there any issues during this process that you faced???
While coming back to the U.S, did you have any issues with immigration.
Hello jason
Is it legal to change my address into my friend’s address in California while I’m in a different state? I can also change my driver license to California one I really justwant to avoid texas service center? Is it big deal for uscis ir they usually don’t care ? I heard 98% of California applications goes to Nebraska tho
I would not recommend that – USCIS will see that you “live” in CA but work in a different state. If there is an interview, this will also come out. If they think you are lying about your address, they may also think you are lying about other parts of the case, which will cause big problems. Take care, Jason
I mean i have business in Ohio and i can go there for few days to take care of my business So what shall i do ? Apply from ohio and go to texas service center and wait another 2-3 years for the GC. !!! That’s unfair
If you can legitimately say that you live in a place, then you can file using that address (though whether that will avoid the TSC is an open question), but if USCIS thinks you are lying about your address (for example, your driver’s license, taxes, etc. do not match), that could be a problem for your case. Take care, Jason
Hi Jason,
I have recently applied for EAD as a member of ASAP. I’ve received the receipt number and currently waiting for my EAD. I have started looking for jobs and my question to you is that if any of my potential employer asks me about my immigration status then what should I tell? As pending asylum request do not grant any immigration status as far as I know. On the other hand, my affirmative asylum application is pending for interview since Feb’2021.
You do not have status to work until you receive the EAD, but I guess you can tell potential employers that you applied for an EAD and that you are eligible to receive it. You do not need to tell them the basis of your eligibility for the EAD (asylum pending). Take care, Jason
Hi Jason, my asylum was approved in the Arlington office in hunters 2018. I applied for I-485 in August 2019. I haven’t received my green card yet. When I check online, It just shows my finger print has been applied in June 2021. Is this pretty common with your clients since you’re located in the same office? And assuming that I get my green card now, would that 5 year wait time to apply for citizenship count from August 2019 or 1 year prior from whenever my green card is approved?
Hi Jason, my asylum was approved in the Arlington office in June 2018. I applied for I-485 in August 2019. I haven’t received my green card yet. When I check online, It just shows my finger print has been applied in June 2021. Is this pretty common with your clients since you’re located in the same office? And assuming that I get my green card now, would that 5 year wait time to apply for citizenship count from August 2019 or 1 year prior from whenever my green card is approved?
It is common. One you get the card, it will be back-dated one year. Unfortunately, USCIS does not give any credit for the long delays. Take care, Jason
Hello Jason,
I submitted my application to renew my EAC on March, and received a letter saying that received my form and processing the case. Meanwhile I renewed my driver license for 180 days based on the the letter, but now my driver license is expiring again very soon. When I track my EAC renewal status online, it is still saying that received form and notice letter sent out. It is not printed yet, and I am worry about my driver license expiration. Does DMV renew driver license again based on the letter? What should I do? I feel like it will take long, and I will not receive my renewed EAC before my driver license. Please advice me. Thank you for your support Jason.
Every DMV is different and sometimes even DMVs in the same state act in inconsistent ways, and so I think it may be worth contacting them to see if there is any way to renew. My understanding is that most DMVs will not renew a license if the EAD and 180-extension are expired. Maybe you want to call USCIS (800-375-5283) and see whether there is any way to get them to move faster – it is not easy to reach them or get them to take action, but there is no harm in trying. Take care, Jason
Thank you Jason!
Hi Jason,
I hope you are doing good. Thank you so much for helping and answering all our inquiries.
I had an asylum case since 2017 and had interview last year but my case had been referred to the court. My first hearing is at the end of this year. My question is how much time or court hearing will take to complete my case? Coz I consulted two immigration lawyer one said one year and the other said couple of years. So I am confused about it. Does it depends who are fighting your case or it depends on the case?
Best regards
It depends on the judge’s schedule, the case itself, luck, etc. There is no way to predict, though if the lawyer knows the judge, they may have some idea about the judge’s schedule. Very generally, most cases probably take 1 or 2 years, but some cases are longer (and some are shorter – especially if they are detained). Take care, Jason
Hi Jason, I am reading on USCIS website that in order to expedite the request for RTD, the request must be sent in with the application. Is that correct? Or, can someone send a separate letter (after receiving their form I131 receipt ) for this request? Thanks.
You should be able to send a separate letter of call (I wrote about this in January 2020), but it is probably better to include the expedite request when you file. But if you already filed, I think you can still try to expedite. Take care, Jason
Thanks, Jason. Very helpful to know.
Hi Jason,
Quick follow-up on this, if you don’t mind providing an input. How quickly do you think USCIS will process an expedited RTD if the request is approved (so outside of the 5-7 days waiting to hear from them if they accept your request)? In other words, how soon will they print out the RTD and ship it to the applicant? This would be of Nebraska center. Thanks.
I do not know, sorry. Take care, Jason
Hello Jason,
Here is the break up :
1. Asylum granted by an immigration judge in August 2018.
2. Applied for GCs ( family of 4 ) in Sep. 2019.
3. Completing almost 24 months since I-485 applications were filed for GC.
4. 1 family member, our son (who just turned 18 ), has been having serious psychiatric issues since 2015.
5. He has been through multiple ( a lot ) of hospitalizations since the past 6 years.
6. He does not want to continue to stay here and wants to go, health reasons as mentioned.
My question is :
If 1 family member leaves and goes back to home country, does this impact the GC or the approved asylum for the remaining three family members ?
If yes, kindly advise.
If no, can he come back to the US in the future once his psychiatric / psycological condition improves ?
Looking for your experienced advise please.
I think under these circumstances, your son’s decision to leave is very unlikely to impact your case in any way. I suppose USCIS might view his return as questioning the truth of your asylum case, but I think that is unlikely. Even if it did reach that conclusion, you can present evidence of his mental health issues and explain why he returned. In terms of him returning, he may be able to return in the future, but it will depend on the specifics of the case. It sounds like he was a dependent on the asylum case, which would make his return trip to the home country less problematic. The issue is, if he is an asylee, and does not have a Refugee Travel Document (form I-131, available at http://www.uscis.gov), I am not sure how he will be able to come back (unless he gets a new visa or maybe you file for him once you have a GC). If you think he will want to come back quickly, maybe talk to a lawyer to see how best to help him do that. Take care, Jason
Hi Jason,
My case has been pending almost 6 years. Do you think it’s a good idea to request to be placed on the short list? I’m really tired of waiting.
Thank you,
You can do that – I wrote about it in a post dated March 30, 2017. Take care, Jason
Hello Jason,
“Finally green cards were granted to my children who are still in my asylum case; the cards were granted under I-485”. According to your reply, I don’t need to do anything else right now. Does it mean my children can travel to their original country and come back without any problem because they have had their passport for traveling to their country and they have Green card for come back?
Thank you,
Kat
I cannot say for sure that you should take no action, but based on what you wrote, I think that would probably be fine to take no action. To be sure, talk to your lawyer. As for returning to the home country, I think it depends on the circumstances. It could certainly affect your asylum case if your close relatives return to the home country. It could potentially cause issues for the children as well. Whether that would happen depends on the case, and you need to talk to your lawyer about the specific situation. Take care, Jason
Hello jason
I applied for RTD 2 weeks ago and they sent me notice of action that my case is now in Nebraska service center so do you have any idea how long it takes in NSC to produce the refugee travel document? I heard the uscis processing time on their website are all untrue and doesn’t mean anything
I would check the USCIS processing time as that is really the only info you have. They are not always accurate, but they often are. In my experience, everything is slower lately, and I would not be surprised if the RTD takes maybe 4 to 7 months. I have not done one super recently, though, and so I am not sure. Take care, Jason
Hey Jason,
My family and I have been called to an interview in Chicago on June of 2019 and we’re still waiting for our decision; They’ve asked for our fingerprints 4 times or so in total to pass the biometrics part, but from the last time they’ve asked it has been a year now with no decision or update. They’ve just replied twice in the last 2 years that it’s being processed. We contacted them directly, wrote letters to senators, applied for expedite decision, but no hope. Our lawyer said he exhausted every method. Have you seen such a thing happen? What should we do?
I have seen it, and if you have tried everything else, the last step is a mandamus lawsuit to force them to issue a decision. I did a post on June 2, 2021 outlining this and other possibilities. Good luck, Jason
Hi Dear Jason,
My I-140 NIW application has been approved just few days ago. I am not doing any activity yet based on this approval. So my current status is asylum pending. What I have to do to get my green card based on I-140? Should I have to drop the asylum case? Thanks!
You need to talk to a lawyer to see how to proceed. I wrote something about this on August 28, 2018 and September 6, 2018 – maybe those would give you an idea, but you need to have a lawyer look at the specifics of the case. Take care, Jason
Hi Jason. I have a question. If you in removal proceedings how long do you have to wait for an individual hearing at the Immigration court. Cause I been waiting more then a year and there still no answer.
Normally, it takes a couple years, but sometimes cases do not get onto the schedule. I am not sure why and it is not always easy to fix, but the first step would be to call the court (or maybe go in person) to ask about the case status. If you have a lawyer, the lawyer can do that. You can find the court’s phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello Jacob,
Finally green cards were granted to my children who are still in my asylum case; the cards were granted under I-485. Could you please let me know which form should be submitted after that so that my children will be removed from my asylum case? In addition, can I do it by myself or I must to ask to do in my asylum attorney (he filed the asylum case for me)?
Thank you a lot for you help
I am not sure if this is for me, but I would talk to your attorney about this. If they have GCs and are dependents on your case, you might or might not want to try to remove them from the case. Maybe this is best done at the asylum interview or maybe beforehand. I think it depends on the case and may not be necessary at all. For something like this, you should definitely involve your lawyer. Take care, Jason
Hi Jason,
If I applied for green card as an asylee (One year after granted asylum) and the pending application took more than 4 years, will I then be eligible to apply for US citizenship before or after got the green card? In other words, will the waiting time for pending green card application be counted for the citizenship requirement? Thanks!
It will not be counted. Sometimes, though, I have seen USCIS back date the GC more than one year (normally, all asylum based GCs are back-dated one year). I assume this is an error, but I have seen it once in a while. If so, you can apply for citizenship five years after whatever date is printed on the GC (and you can mail the N-400 up to 90 days before the 5-year anniversary). Take care, Jason
Greeting Jason,
I and my friend applied for our GC in the same center (TSC) and we also filled the form in similar way. However , he received his GC within 8 months while mine is still pending for the last 16 months . What do you think is the reason for this type of difference ?
Thank you for usual support.
Very respectfully ,
There is no way to know whether it is related to your case or not, but the TSC is a disaster (I plan to post a bit about this later today), and processing times for the GC range up to 62 months, so most likely, it is just luck that he got processed quickly and you are waiting. In any event, there is nothing effective to be done at this point (since you are inside the “normal” processing time). If you have a reason to expedite, maybe you can try that – I wrote about expediting with USCIS in January 2020. Take care, Jason
Hi Jason,
Could you please explain Senate Democrats Roll Child Care And Immigration Into A $3.5T Budget Framework in the part of $107 billion for the Judiciary Committee, including instructions to address “lawful permanent status for qualified immigrants.” Is it about essential workers (asylum pending people most likely could be in that group) , dreamers, etc.? Am I right?
Thank you for your explanation
I do not know about this bill or what the likelihood of passage is, so I really can’t comment. I know the Democrats are trying to get an immigration bill through somehow, and so it seems they are trying to do that based on a budget bill. My sense is that this is an uphill battle, but we will have to see. Take care, Jason
if the bill pass , every illegal can get some sort of Immigration benefit ?
who can get covered for this bill ?
If every “illegal” becomes eligible for status, you can be pretty sure they will be paying massive fees to the US government for that privilege and our country will rake in a lot of money. That said, the idea that this will actually happen seems pretty unlikely. Take care, Jason
Hi Jason,
I had a question related to work authorization. Given that asylum is granted for an indefinite period of time (unless one falls out of it due to changes in country conditions, etc..), would this imply that an individual could re-apply for EAD for an unlimited number of times? Of course, the most sensible course of action after one year is to apply for green card, but hypothetically speaking, one could just keep renewing their EAD as many times as they want, right?
The context for this question is if an employer asks “do you now or will you in the future require sponsorship” and an individual doesn’t have a green card yet, they could say “no” because they have the ability to renew their EADs for as many times as they wish.
Thanks, and hope my question is clear.
@ahmed
Why are you scared to apply for the GC hmm don’t worry man! Plus as an asylee you don’t need the EAD at all
Hi Mohamed, I’m not worried about the green card application itself. I have been reading some comments that it may take 1-3 years for the green card application to be processed. That’s why I was curious to know if one could re-apply for EAD as many times as needed as an asylee. I also didn’t know that EAD wasn’t required for asylees to show proof of permanent work authorization, so that’s helpful to know. Thank you very much.
@ahmed
You’re welcome brother but yeah as a granted asylum you don’t need EAD at all and you need to go to get the unrestricted SSN with your approval letter and i-94!
GC process takes only 8-14 months in nebraska service center while years in texas so if your case moved to Nebraska u will get ur gc in 9 -12 months! And some people have issues cause they put different info on the i-485 application than the asylum application that’s why the uscis give them hard time and take years but if everything is accurate u should be good to go
Hi Mohamed, this is very helpful to know – so thanks for sharing your insight.
My understanding was also that I could change my current social security card (right now, it says valid only with DHS work authorization) to an unrestricted one. But when I called the closest social security office in my state, they told me I need a green card to get an unrestricted social security card. So, that confused me. Maybe I will call again and see if I can talk to someone else (by chance, hopefully) and see what they say.
I would call again – you should be able to get the unrestricted SS card once asylum is approved. Take care, Jason
@ahmed
This one who told you u need gc to get unrestricted one need to be sued for his foolishness lol i just got my unrestricted card last week with the approval letter and i-94
My advice is just book an appointment to change the ssn and go there tell them cause in the approval letter it says you can get unrestricted ssn with that asylum approval! Just a bunch of idiots working in the Social security offices and DMV
Thank you, Mohamed – for the assurance. I’m going to give it another shot this week and tell that I’m eligible for the unrestricted SSN. Have a good weekend.
You are correct, and in fact, an asylee does not need an EAD to work legally. Most employers don’t seem to understand that, so having the EAD makes life easier, but it is not required. Take care, Jason
Hi Jason, thank you so much for confirming this. I’m going to call their office again and try to get this resolved.
Hi Jason,
I had a few quick questions related to the application for RTD:
1) What information should be put in for “class of admission”? Is this referring to the first ever US visa used to enter the country or the last one used to enter the country, in case their class differs (e.g. if the first US visa was B1/B2 and the latest F1)?
2) I see some comments that the government is using old fingerprint, especially if they were given recently for another purpose (such as EAD). In this case, the biometrics fee does not make sense. So, in anticipation of this, do you suggest that one sends two checks along with the RTD application (one for the filing fee – $135, and one for biometrics – $85)? Or, given that the amount for biometrics it not too significant, should one just send one check (the total of filing fee and biometrics fee – $220)?
Thanks in advance for your input.
1 – I am not sure it matters, as long as you make an effort to tell the truth. I think we normally put the most recent entry. You can also include on the supplement sheet or cover letter a further explanation about this. 2 – We have always sent one check, and my sense is that whether USCIS will use old biometrics or take new biometrics, you have to pay the fee (I guess they need the money!). Take care, Jason
This is greatly helpful, thank you very much, Jason. In addition, a related question on filling out the form, I see a section on notes for tax purposes (in the instruction for form i-131): it notes that if you filed taxes as a “nonresident alien”, that has consequences and it implies abandoning your status as an “immigrant”. If one filed taxes before being granted asylum in 2021 and filed taxes earlier this year for 2020 as a “nonresident alien” – this should not pose any challenges, right? Because that tax filing has happened prior to being granted asylum and is for the year before Asylee status.
I am not really sure I understand. I think if you had asylum pending, probably it may not have been the best bet to do taxes as a non-resident alien, but I do not know a lot about taxes. You may want to talk to a tax professional. Also, I am not sure whether that would have an impact on your immigration status – I think it would depend on the case. If you are concerned, you may want to talk to a lawyer about the specifics. Take care, Jason
Thanks, Jason. Noted.
Hi Jason
We applied for green card a while ago. My son 5 years old green card arrived today. But i check uscis no update for me and for my wife. What could be the problem?
Probably not, as it is very common for family members who apply at the same time to receive the GC on different dates. You can check to see whether the case is still inside the “normal” (and very slow) processing time at http://www.uscis.gov. Take care, Jason
We have pending asylum case. But we came with immigrant visa from outside the US. It was saying up to 90 days to receive green card.
If you get a GC some other way, you can either cancel the case with the Asylum Office or inform the Immigration Judge and close the case. Take care, Jason
Hi Jason
Thanks for helping us!!
I’m EAD is going to expire in next few months, I’m planing to renew it. I know $410 is application fee and $85 Biometric fee. Do I need to pay $495 or just $ 410? Last time in 2019 when I renews my EAD I only paid $410.
I’m really confused I should pay biometric fee this time or not?
This my third EAD which I’m going to renew.
Thanks in advance!!!
You have to pay the biometric fee (for a total of $495) unless you are a member of either ASAP or Casa de Maryland (these are non profit organizations). I did a post on September 23, 2020 with links to those organizations. If you are a member of one of these groups, you pay $410. Take care, Jason
Hey Good afternoon !!
I filed for asylum in 2017, I received the receipt of acceptance of the application however, on the immigration website when I access through my case number it says (((((The next step in your application is an in-person) interview. Once we have your interview scheduled, you will receive an interview notice. If you move, within 10 days of moving, you must update your mailing address, online or on paper, at http://www.uscis.gov/addresschange.)))
The question is, isn’t there anything I can do to expedite this interview?
Thank you
It is not easy to expedite, but you can try. I wrote about that on March 30, 2017. Take care, Jason
Hello Jason,
I applied to renew my EAD back in March and my 180 automatic extension ends in October and I’m at at risk of loosing my dream job that I have just started. The processing times -updated by USCIS the beginning of every month- seems only to getting longer. On another topic, I have changed my address online (while waiting for the EAD) and have only received an automatic email acknowledging the change but I didn’t receive a paper notice by the time it says it would. Is there anything that could or should be done?
I appreciate you helping everyone!
As I recall, we do not receive paper confirmations of online AR-11 forms, so I think that is normal. I suppose you can try to call USCIS about this (800-375-5283), but I am not sure whether they will take action given that you have a couple months left. Most likely, you will receive the EAD on time, but it is stressful since they take so long, and maybe it is worth the effort to call to see if they can expedite. Take care, Jason
Hello Jason
I am waiting on my ead renewal too. My 180 is almost over in a week time. I called that number Emma the voice machine won’t allow u to even speak to an agent. I am so lost and not sure what to do. Its hard times.
If you play around with Emma or have lots of patience with the the phone system, eventually, you should be able to reach a person. You might also do the online inquiry with the USCIS Ombudsman – a link to that is under Resources and sometimes it helps with delay. Probably you will get the new EAD soon, even if you do nothing, but it does not hurt to take some action, especially since USCIS is such a mess. Take care, Jason
Thank you!
Hello jason
I applied for RTD last week and today the online status shows me
Fingerprint Fee Was Received
On August 3, 2021, we accepted the fingerprint fee for your Form I-131, Application for Travel Document, Receipt Number LIxxxxxxxxxxx i hide the numbers). Our Nebraska Service Center location is working on your case. We mailed you a notice describing how we will process your case.
What does it means? I still
Will go
For biometric or they will use the old ones? Like they did with the A05 EAD that i just got
It sounds like they may use the old fingerprints, so that would save you a trip, and that they are processing the case. Take care, Jason
Hi Jason,
I have Asylum case in the NY court. Can I skip or cancel the Master hearings and ask directly for the individual hearing?
Maybe – it depends on the judge. Most are allowing it, but some are not. Maybe your lawyer knows the judge’s practice, or maybe you can call the court and ask the judge’s clerk. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason thank you for everything.I have a question .I filed written pleading on February 2021 as the court asked me to do it with my attorney.but until now we don’t have return back of individual hearing date or nothing from the court .when I asked my attorney if they will run on this written pleading to give their decision he told me I will attend the individual hearing.so to wait until the schedule me for IH. their waiting time is making sense ?
Sometimes it takes a while to get an Individual Hearing date, but 6 months is pretty long. Maybe your lawyer can call the court and ask the judge’s clerk about the status of the case. You can find the court’s phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Thank you Jason .I ask my attorney to update me he said the court will schedule my individual hearing so to wait for that .but it is almost 6 month we have sent written pleading.
Hi Jason and Everyone!
I just checked the status of my Travel Document it shows as produced. How long does it usually take after being produced for it to arrive from Nebraska Office?
HI TORA! Can you please share your timeline about your RTD? Thank you.
Old fingerprints received on June 22,
Online case updated to produced on August 4th
Once you see that, you should hopefully have it in a week or two. Hopefully. Take care, Jason
Has anybody been successful in adjusting status filing EB5 ( petition approved) after being on pending affirmative Asylum for many years.
I have not heard of such a case, but if the person has lawful status, aside from the pending asylum case (such as H1b or F-1), it should be easy. If they only have asylum pending status, it is difficult or impossible. I wrote about that on August 28, 2018 and September 6, 2018. Take care, Jason
I appreciate your quick response. Thank you
Hello Jason,
Can you please help me with an issue. I became a sponsor of one of my relatives who came to USA as an immigrant. He hasn’t filed a petition yet. The only thing that happened is that the agents called me from the border to ask if I am the sponsor and after that let him cross the Mexican border. Now he has decided to get married. I want to drop my sponsorship and not be responsible for him. Do I need to file a paper or make him sign a paper? Or if I haven’t filed the petition I don’t have to do anything? Please advice me.
Thanks in advance.
I am not sure what that type of sponsorship is. The only sponsorship I know that would involve a financial obligation on your part is the form I-864 or form I-134. If you signed one of those, you would have some responsibility and I do not think you can avoid that. However, if you have not signed anything, I do not see how you can be held responsible for him. If you spoke to someone by phone, maybe you can try to reach that person again to ask about this. Or if you received some documents, maybe you can have a lawyer review them to see whether you are subject to any sort of obligation. Take care, Jason
Hello jason
I have a question hmm i have a friend who granted asylum 8 months ago and actually she had a wrong translation on one of the evidence support that she applied and he was scared it might cause him a problem cause it’s really wrong translation as she says and didn’t notice it until after the interview but luckily SHe didn’t have a problem so you think while applying for LPR the uscis will go through the evidence again and might see the wrong translation then she can give him the correct one from the translation website or most likely they only look at the application while the process of I-485 and compare it with the asylum application and criminal history as we heard
What do you think?
It is probably not that likely that USCIS will catch such an error at the I-485 stage, but they could. Given that, it may be better to just correct the translation and provide an explanation. Also, they look more closely at the case at the citizenship stage, and it is better to fix the problem sooner rather than wait for USCIS to discover it. If you fix the problem now, while the person has asylum status, they can potentially rely on the refugee waiver (INA 209(c)), which they cannot use once they have a GC. So it probably makes sense to try to correct this now. However, since I do not know the case or know the exact problem, the person may be better off talking to a lawyer to decide how best to approach this. Better now than later, though. Take care, Jason
Hello jason
Actually i have 2 friends who got their citizenship from asylum and they told me at citizenship they don’t look closer to asylum application or anything as both told me in the citizenship interview they only asked did you go back to the COP or no and just 2 more basic questions about the asylum and that’s it they don’t look closely or ask a lot of questions as it’s mentioned and she even asked him where is your country passport he replied her I’m an asylee and don’t have passport then she laughed said i forgot sorry and started asking if they have criminal or no so it’s not that required they look closely at your asylum application
I think to assume that they will not review the whole file before the citizenship interview is a mistake. Maybe they won’t. Or maybe they will and everything will look ok, so they won’t discuss it at the interview. Or maybe they will find an issue. My experience is that if USCIS is going to find a problem with the case, it is often at the naturalization interview. Also, given the way the law works, the sooner in the process that you correct a problem, the more likely the correction will be successful and not lead to worse issues. Take care, Jason
Hey jason
Can you tell us what’s the difference between the asylum officer and the regular uscis immigration officer? I heard asylum officers has higher authority or trained in higher way! Is that correct??
They do different jobs – asylum officers do asylum and a few other types of cases. USCIS officers do many types of immigration cases. I think asylum officers tend to get more training, but I am not certain about that. Take care, Jason
Hi Jason,
Is there any other options that you can get a GC as a pending asylum?
I know if you marry a US citizen you can get it.
How about if you marry a GC holder, can that help? Also, can you apply for citizenship after 10 years living in US if you prove that you are person of good character and have a clean background?
Let’s say if the immigration denies your case and then you go to the court and fight but it has been 10 years you are living in US and you have a life here, you have a child (non US citizen) and will badly affect that child if you go back.
Or if you have another child that is born in US while you are pending asylum.
What if you have a medical condition and all your doctors are here in US and you can’t leave?
Another option I heard of is Permanent Labor Certification, where you need an employer to file for you, but the issue with that is that you have to exit and re-enter in order to get valid i94. What if you go on a cruise, does that works?
I have been in US since 2015. I came as a tourist, applied for another extension, and before extension expired I applied for asylum. I renewed my EAD every time, and now am waiting for the 4th EAD.
@sunny
I guess jason will reply you soon but looks like you’re just trying to find a way to stay here but unfortunately buddy usa is not open their arms for you only cause you wanna live here! Don’t get me wrong your asylum case looks so fragile to me as you extended visa before and looks like it will be denied but yeah now the court deportation is really fast so if your asylum case is denied you most likely will be deported in 3-5 years and the 10 years advantage of cancel
Of removal proceedings as i know it’s not for everyone and it has limited numbers every year and the US government don’t care about your medical condition or non us citizen kid so better find legal way before it’s too late for you hmm ask about the e2 visa ! The amount of fraud asylum cases is effecting negatively everyone has real case in this country! Uffff
Of course, Everyone that comes here is trying to find a way to stay. My case was not denied, thank God. I was not talking about Eb2 visa, I was talking about Perm labor certification which is different. My case maybe looks to you fragile because you don’t know my case. As far as US don’t have open arms and waiting for me or anybody, being in US for almost seven years, I know that. I am looking for something to expedite my own status and am looking for advises. And every way am looking to do it it is actually legal way. You would be surprised how much we don’t know at all that actually is possible but nobody tells you.
I wrote about these issues on August 6 and 28, 2018 and September 6, 2018. The 10-year thing is Cancellation of Removal and you must be in court and meet all requirements of that form of relief. You would have to talk to a lawyer about that, but you could not apply unless you were referred to Immigration Court. In terms of labor cert, I wrote about that in the posts I mentioned, but you would have to talk to a lawyer about that, as there are too many variables, and leaving the US may not work – depending on the case. Take care, Jason
Hello,
How long after fingerprints anyone did receive the travel document from the Nebraska Office?
I Got my RTD, 72 day’s after fingerprints.
(No expedite)
Would mind sharing the time frame of when u applied please and if it was it through expedite request or regular process?
Would mind sharing the time frame of when u applied please?
Asy
I applied (RTD) february 2021.
Fingerprint April 2021
I Got RTD Jul 2021
– – Nebraska office- – No expedite
Thank You so much for sharing
Hello Jason
I applied for my renewal for EAD category C08. I got the letter for automatic extension. However the extension expires now too. What do I do now? Could you please help.
It sounds like the processing is going very slow. You can call USCIS and tell them it is an emergency, since you will lose your job and driver’s license. In some cases, they can expedite. The phone number is 800-375-5283. You can also try the USCIS Ombudsman (a link is under Resources). They can sometimes help with delayed cases, but they are not very fast. Take care, Jason
Hello jason
I was granted asylum 1 month ago and now I’m checking my case online and it shows that
Case Was Updated To Show Fingerprints Were Taken
What does it mean? Still waiting for my EAD A09
And I didn’t have any biometrics appointment since 2017 so does it mean they use the old fingerprints or that mean i have an issue??
Probably, they are re-using the old prints. Take care, Jason
Hello, when year did you apply?
Hopefully it means they are processing the EAD (category should be a-5 – asylum granted). You may want to email the Asylum Office to ask about the EAD, as it should be issued soon after the case is approved. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello jason
Actually 2 days i saw the update saying we order producing your card (EAD a09) i was expected the status to be changed to we mailed you new card but yesterday it showed me case was updated as fingerprints were taken!!! Is that normal!?
If I recall, I think it says when the card is mailed. But at least this sounds like a positive update. I have not kept track of how long the it takes from the time you get this message to the time the card is sent, and my guess is that it varies from case to case, but hopefully it means you will get the EAD soon. Take care, Jason
Good day Jason. I have a question about ead (c08 category). I’m in the process of switching job and my ead expires in September 2021. I sent all the documents for renewal ead in May 25 and received the notice 797c ( information about creating an account with uscis) since may 25 there is no updates. I was also trying to find the processing time for renewal but I found only time frame for initial ead which is 2.5-8.5 months Potomac service center. My question about processing time for renewal ead . Is there any way to expedite my case ? Because my new employer will see that my card is expiring soon and I don’t have any documents with extensions. Thanks in advance
The receipt itself extends the old EAD. I do not know where to find the processing time for a renewal if it is not at http://www.uscis.gov; we have been seeing renewals take anywhere from 3 or 4 months to 7 or months. Hopefully, you will have the new EAD soon, but your employer should be able to verify your eligibility to work. Take care, Jason
Hey jason
Everytime i ask about something here i find it happens the next day when i check my status lol you bring me good luck two weeks ago asked here about asylum decision and the next day fees were waived then decision was mailed and today i asked about EAD A05 and when it shall be delivered and guess what i just checked my status online and it says we mailed you a new card (they mean the new ead granted asylum)
Thanks a lot
I am very willing to take full responsibility for anything that goes right. You are welcome, Jason
Hey jason
I was granted asylum seekers 8 days ago and when i went to renew my driver license as it’s expired they didn’t want to accept the stamped i-92 or the approval notice and asked me to wait for the EAD A05 to update my immigration status on the system and give me
A new driver license for 5 hears but the question now I didn’t get the EAD A05 so far but i have a valid EAD c08 and I need to fly to NYC next week and I usually use my license but it’s expired so can i use my old valid EAD as an id at the airport?
To Aastt
You may go different dmv or request to talk with supervisor. That should help you for new DL. Probably officer who help you doesn’t know about immigration
The asylum office should automatically send a new EAD, but that does not seem to happen every time. You may have to file the I-765 form (available at http://www.uscis.gov) to get the new EAD. For flying, I think you will need a valid ID. You can use your passport, and I would also bring evidence that the asylum case was approved. Take care, Jason
Hello Jason,
I need your opinion please as I have some trust issue with my current lawyer and it is already too late to replace him.
I went to my Individual hearing last month with my US wife. I am in removal process due to getting denied after my asylum interview. And I have an approval for I-130 since October. The Court hearing went good as I think, the only thing is my medical exam envelop got lost at the court and never get my file which is sent long time ago.
The judge asked to come back again on 7/30 with my medical envelop so she can make decision on the case and grant my change of status.
My question is: my wife cant come with me on 7/30 because we really cant find anyone to take care of our daughter especially the court is 4 hours away and our daughter has camp this day and needs someone to drop her off. My lawyer says she does not need to go this time. Do you think it is a big deal if she can’t go?
I do not know the case, and so I do not really know. However, if the lawyer thinks it is ok, it is probably not a problem. Maybe make sure your wife is available by cell phone, just in case. At least that way, you can contact her if the judge or DHS need some testimony from her. Take care, Jason
Thank you Jason,
They took our testimony last time, DHS asked my wife and asked me all the question last time.
But yes, I will make sure my wife pay attention for the phone just in case.
But do we need to file motion for that? For my wife, to present over the phone?
I don’t know the case, so I cannot say for sure – but it sounds like the testimony is done and they just need the medical exam. If so, I doubt she is needed. Even so, if she has her phone, she will be prepared just in case. Take care, Jason
So, DHS asked you questions about bonafide marriage? Or Asylum related?