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download-225x300Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals.  He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.

Contact Jason Dzubow about an Asylum or Immigration case:

JDzubow@DzubowLaw.com

(202) 328-1353

 

 

 

 

 

 

13,092 comments

  1. Hi Jason,
    One more query, my elder 18 year old daughter Is admitted in US college on f1 visa status and also got financial aid from university and will join In the fall. Since I am applying for asylum should I include her in the asylum or keep her out . If we decide to keep her out of asylum application then next year when she applies for aid again will our asylum status help her or not help her in getting further aid . Most important for here is to continue getting aid to complete her studies so in this perspective should we include her or not in the application.Thanks in advance.

    Reply
    • I do not know whether including her in your asylum application would affect the aid. You would have to ask the school, or whoever is providing the aid. My guess is that it would not have an effect, and I do not see why you would even be obliged to inform the school, since she is still an F-1 student (and an asylum applicant). If you do not include her, she can remain in the US as a student, and if your case is granted, you can file a form I-730 so that she also receives asylum. If you follow that path, you might want to talk to a lawyer to ensure that you do all that us necessary to make sure she can benefit from your application later. Take care, Jason

      Reply
  2. Hi Jason,
    I plan to file for asylum very soon. Just wondering that after filing for asylum can I apply for a debit card from any bank as I find online shopping very cost effective as it will minimise our living cost till I get work permit or granted asylum. Secondly , my daughter will go n grade 4 can she start going to a public school if i file for asylum in september16. Hope the school will enroll her. Also can i apply for internatinal drivers licence so that I can drive a car.Thanks in advance

    Reply
    • You will have to ask the bank about the debit card. I think different banks have different policies. Your daughter can enroll in school. In fact, she can enroll even if you don’t apply for asylum. You have to talk to the school about the requirements, but every child is eligible to attend school. To get the international license, I believe you have to be in lawful status, but I am not sure. You might contact the local office of AAA (American Automobile Association) – they know about such issues and maybe are more helpful then the state DMV, though you may need to join AAA for them to help you. Take care, Jason

      Reply
  3. Hello Jason,
    Is it mandatory to send supporting docs with an asylum application?
    Can’t I just fill up the form, give all details….explain my asylum claim in separate papers and send it?
    thanks in advance.

    Reply
    • You can submit supporting documents with the initial application or you can submit them later, but generally, you need to submit them before your interview. In my local office, the rule is that supporting documents should be submitted at least one week before the interview. You can check the rules at your local asylum office by following the link at right called Asylum Office Locator. Take care, Jason

      Reply
  4. Hello Jason,
    I had applied asylum on DEC 2012 and had my interview on May 2013. I didn’t get any update after that. Last year they send me 2nd finger print notice and I did it. Now My problem is I applied my case from Nebraska but Now I got the job In Ohio, So I need to move to Ohio but I am planning not the change the Address anywhere even not in Immigration. My parents still live in Nebraska.
    I need to rent the apartment in Ohio. Do you think does it hamper my case if I rent the apartment in different states and case is from different states? I believe pending asylum can work anywhere in the United States. I heard until I keep my driving license and pay my tax from Nebraska I should be fine but not sure.
    What do you suggest to rent the apartment in my name in different states?
    Please help me.

    Thanks
    Babu

    Reply
    • If you are keeping your old address (because your parents live there), you should be fine, as that is your “permanent” address. If you decide to move your permanent address, you should also be fine – I do not think it will cause any additional delay. Take care, Jason

      Reply
  5. Hi ,

    We applied for a asylum March 2016 and done our biometrics in Feb , kindly guide for below.

    1) when to apply for first EAD exactly after 150 days or few days latter and when should we expect the first EAD.

    2) where to check if our EAD clock is on run or not

    3) I have 2 daughters age 4 and 6. Can I enroll them in any public school while my case is pending

    4) after getting EAD is there any fanacial aid we can get for our kids

    5) on EAD can asylee do all types of jobs or is there is any restrictions

    Thanks and looking for forwards for your valuable advice

    God bless u

    Reply
    • 1 – we are seeing EADs take up to 4 months, but in some parts of the US, they are faster, even as fast as 1 month; 2 – You can only check by contacting the asylum office, but this is a waste of time; we have not seen problems with the clock, as long as you have not moved your case from one asylum office to another, you should be fine; 3 – Yes, though normally public school does not start until a child is at least 3 or 4, and in some states, it is 5 years old; 4 – Not that I know of, but you can contact the local Catholic Charities office (each city has one, and you can Google them – they help anyone, regardless of religion); they may know about benefits; 5 – Any job that will hire you. Take care, Jason

      Reply
      • Dear Jason,

        Thank you for your advice.

        God bless you.

        Reply
  6. Hi Jason,

    I was granted asylum in 2006. Right now I am US citizen. Can I go back to my birth country to visit my family for a week?

    As a US citizen, will I forever hold the status of an asylee for USCIS?

    I heard there has been some changes in the law after Boston Marathon terror attack. How did it affect my situation?

    I truly appreciate your answer.

    Best,
    Greg

    Reply
    • I wrote a post about this on January 6, 2016 – maybe that would help. Take care, Jason

      Reply
  7. hi i’m amka i just wanna know that
    i have pending asylum case and i got notice from selective service system that’s saying i’m registered sss
    i did’t register selective service and my case still pending but i do have ead, ss and driver licesnse, it looks like my asylum case was granted mybe

    Reply
    • I am not aware that people with a pending asylum case have to register for selective service. You may want to contact them and ask, but I think you do not need to register. Anyway, if you contact them, they should be able to tell you. Take care, Jason

      Reply
      • In some states, when you apply for a state ID, you are automatically enrolled in selective services if you meet the criteria. Illinois is one of them for an example. It has nothing to do with an asylum application.

        Reply
        • thnks thomas

          Reply
        • I did not know that. Asylees and green card holders would do well to check this, to make sure they are registered or do not need to register. My guess is that they can visit the Selective Service website to get the info they need. Thank you for the comment, Jason

          Reply
  8. Hello,
    A friend of mine and her older son came 3 years ago, and opened an asylum case where they got denied, and their case was raised to the court to be discussed on 2019?!!!!!
    My question is, can she by anyway get her husband and the younger son to come to the states before being approved?

    Thank u

    Reply
    • They can try to come to the US the same as anyone else (tourist visa, work visa, student visa), but it is more difficult since their relative has filed for asylum. Your friend can ask the court to expedite her case by filing a Motion to Advance (assuming the case is complete and ready for trial), and maybe she can get an earlier court date. Take care, Jason

      Reply
  9. Greetings,

    I’m from Iraq. I had my interview a year ago and yet I got no respond or decision from the Houston Asylum office. I went to them and they told me the same thing that I need to wait. I do not know what to do since I’m tired of waiting and stressed . Is there a way I can expedite my decision since I knew so many of my friends got their decision earlier.
    Please help me with this sir???????

    Reply
    • You can contact the USCIS Ombudsman (a link is at right) or you can file a mandamus lawsuit. Unfortunately, it is really not possible to expedite a case that has been interviewed, as the delay is either due to security background checks or because the case was send to headquarters. Really, the mandamus in the only realistic option, but try the Ombudsman first, as it is less costly and might get you some information about the reason for the delay. Take care, Jason

      Reply
  10. Hello! I’m hoping you might have some insight into an issue my boyfriend is having. He is currently an asleep and is coming up on 5 years of that status. His status from asylum to green card is still pending and has been for years. Is there anything to be done about this? Thank you in advance you for assisstance!

    Reply
    • Did he file for his green card? If so, he may want to contact the USCIS Ombudsman (a link is at right) – they can sometimes help with delayed cases. Good luck, Jason

      Reply
  11. Hi, Jason!
    Sorry to bother you again, but I do have some questions need you advise:
    1, All male asylees between 18 and 26 must register for the Selective Service. I am 4 moth away to be 27 years old, do I still need to register?
    2, I am now preparing I-730 for my wife, she came here on B-2 visa, but she changed her status to F-1 and is currently studying a short term program in Seattle. The reason why we do that is because we want to keep her status legally. My questions is, if now I request derivative asylum status for her, while the petition is still pending, does she have to go to school to keep her legal status?
    Another problem is, on Form I-730, there is no where to put the information that my wife has changed her status to F-1, what should I do?
    3, We got married before the interview, if I request derivative asylum status for my wife, does she need to be interviewed again? And do you know how long the process can be? Is there any unpredictable delay for applying for family members?
    Thanks a lot!

    Reply
    • 1 – yes; 2 – She should be able to keep her F-1 status until she gets her asylum, but she needs to maintain her status (stay in school). I cannot advise you about the form; if you are really not sure, you can contact a lawyer to review it; 3 – She may need to be interviewed; I am not sure about that. I think some of our clients have been interviewed, and other have not been. How long it takes is not predictable. Take care, Jason

      Reply
  12. Hi, Jason
    43 days after my interview, I got my asylum approval yesterday!
    Here I want to thank you, Jason, for all the information you’ve been generously providing us!
    Now I can finally go to school! God bless america!Wish everyone good luck!
    And, Jason, if you think there are some important things I need to do after my asylum status granted, I would very much appreciate you suggestions!
    Best wishes!

    Reply
    • Oh sweet. Congratulations !!
      How long did you have to wait to have you interview? I mean when did you apply?

      Reply
      • Thanks!
        I applied in Mar. 2014, LA, and transfer to San Francisco at the end of 2014, because I moved to Seattle. Last time I write to them, they told me they were still doing cases filed in 2012 in Seattle. I believe it’s because I required them to put my case into the so called ‘short list’, and somebody just happened to cancelled his interview, that’s probably why I got my interview. If you are still waiting for your interview, I highly recommend you do the same!
        good luck, buddy!

        Reply
        • Good day dear Chao,

          What do I need to request my case to be put on short list? Is there any form to fill up?
          How long did you wait since you request the short list?

          Reply
          • I don’t think there is any form, just write to them. I waited for about 4 months. But it all depends, I guess.
            good luck!

    • Congratulations! The asylum office should have provided you with a list of benefits and responsibilities. If not, you can email them – their email can be found if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  13. Hi jason
    i am stuck in the middle. My E2 got rejected cuz of my attorney as she got late in applying and due to my i94 expires they rejected it. Now if i apply for asylum as i cant go back due to religious reason to karachi, pakistan will there be any chances to approve and aslo my siblings pettion is in process. This might take another 4-5 yrs. my question is if i apply for asylum and before the interview or decision my sibling pettion got in process can i withdraw asylum petition and shift to sibling pettion,?
    Regards

    Reply
    • We talked about this by phone, but to be clear, unless you are “in status,” you cannot take advantage of a sibling petition unless you level the US and apply for the green card at an Embassy. Filing for asylum does not keep you “in status.” However, it does prevent you from accruing “unlawful presence.” Each day that you are here unlawfully, is one day of unlawful presence (“UP”). If you have 180 days of UP, and you leave, you cannot return to the US for 3 years. If you have a year or more of UP, and you leave, you cannot return for 10 years. It is possible to get a waiver for UP, but it is difficult. Take care, Jason

      Reply
  14. Hello Jason,
    I filed my work authorization on Feb -11-2016 and I didn’t get it up to now, knowing that I made e- request and info-pass and every time they are telling me that you will get it soon. Please let me know what to do.
    Regards

    Reply
    • We are seeing them take about 4 months, so maybe you will get it soon. Aside from what you did, you can make an inquiry to the USCIS Ombudsman (a link is at right). This may help, but it can take a few months, so it is not ideal. Good luck, Jason

      Reply
  15. Good day dear Jazon,

    Today I’m sad because my wife with asylum pending since 2014, she applied for second EAD and USCIS received the application since 26/02/2016 but up to now she received nothing. Now from yesterday the employer stop her for working because the new EAD has not yet arrived. Without even if think about the 4 kinds under her responsibility they stop her just because the EAD took long to come. Can you imagine consequence of delaying EAD process? Any idea will be welcome.
    Thanks.

    Reply
    • Mine took 120+ days to arrive. No worries.

      Reply
    • The employer is legally obligated to stop employing her once the EAD expires. I do not know why the EAD is so slow. It seems something is wrong. On the http://www.uscis.gov website, there is a 1-800 phone number you can call – you should call an inquire. Or, on the same website, you can make ain Info Pass appointment and go in-person to ask about the EAD. Good luck, Jason

      Reply
  16. Hey Jason.

    [removed at writer’s request]

    Reply
    • Maybe I misunderstood – after the interview you provided the missing document and some affidavits? I think if you did not do that, you should – it may help fill in the gaps. Also, if you misspoke about something, you can send a letter explaining what happened. We did this in one case, and I think it made the difference (the client was granted). It sounds like the case generally went well, and since no case is perfect, you should feel hopeful. If you feel that you need to give him some other documents or explanation, you should do that as soon as possible. Good luck, Jason

      Reply
      • [removed at writer’s request]

        Reply
        • Waiting for a decision can be difficult and it can take a long time. Hopefully, it will be fast and you will get a good result. Take care, Jason

          Reply
          • Thank you so much. Is it possible to remove these comments? I gave away too much personal information.

          • done

  17. Hi Jason,

    I have applied for asylum a year ago and still waiting for an interview.

    I have an EAD, can I apply for military and become one?

    Thanks.

    Reply
    • That, I do not know – I think you cannot, but I am not sure. You would have to contact the military recruiter and ask. Take care, Jason

      Reply
  18. hi Jason,

    Thanks for your valuable feed back, I got my finger print letter,

    I have question, the office made typographical error on my name and my middle name, in the acknowledge receipt typographical error in my name (they not wrote middle name in receipt) and in finger print letter, they have made typographical error in my name and my middle name too, can I request them to correct while I go for finger print or I can do at the interview time,

    Kindly guide,

    Warm Regards
    Dev

    Reply
    • You can request a correction at your interview. Before that, you would probably have to contact the local Asylum Office and ask them to make the correction. We are about to try it for a client, and the mistake is USCIS’s, so you would think they would correct it (since the forms indicate the correct name). We shall see. You cannot make a correction at the fingerprint appointment. Take care, Jason

      Reply
    • Hi Jason,

      Thanks for your guide line, really appreciate,

      My lawyer said that, you can correct you name at the time of interview, but I want to know that, as applicant can I write letter direct to asylum office, for my name correction with CC copy to my lawyer, as I am bit confuse that, when I apply after 150 days for my EAD, the same wrong name will me print on my
      EAD card, so kindly advise for the same,

      Thanks
      Dev

      Reply
      • You can contact the asylum office to ask them about that. You may need to go in person, but email them first to ask (you can find their email address if you follow the link at right called Asylum Office Locator). Take care, Jason

        Reply
  19. Hi,
    Once I apply for asylum, can I do a course in some public university to improve my skills? Also will I be eligible for financial aid?

    Reply
    • Financial aid? Haha. Maybe if you win asylum. As long as your application is pending (which will take years), you get bupkis.

      Reply
    • If the school will accept you, you can take the course. It depends on the school. Once you have your EAD, you should be able to go to school anywhere. As for financial aid, it depends on the school and the source of the aid. Take care, Jason

      Reply
  20. Hi Jason,
    My Brother is a U.S citizen and would like to fill out the forms I-130 together with the Form I-485 for his 37 years old Daughter who came in the United States as Visitor. Her tourist visa expired on 06/29/2016 now she lives in the U.S. as a No lawful status. Can her father fill out those forms together for her? and How long it will take before the daughter gets her green card?

    Reply
    • Sorry – This is a forum for asylum. You might want to talk to a lawyer about your question. Take care, Jason

      Reply
  21. Hello , thanks for this informative website . I have question my husband file his asylum case in July 2015 in LA office. When it’s expected to have his interview ?
    Am thinking to move the case to San fransico office as it’s faster of LA what do u think ? Will he be at the bottom of line ?

    Reply
    • You have to check the Asylum Office Scheduling Bulletin (a link is at right) for info about how long cases are taking at each office. According to USCIS, if you move, you keep your place in the queue, but I am not 100% confident that it always works this way. If you move, check with the old and new asylum offices to make sure the case was transferred. Contact info for the asylum office can be found if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  22. Hi Jason,

    I applied for my asylum on Nov 2015 in LA.
    And applied my I-765 on April. I didn’t receive any receipt saying they have received my application and when I try to check my EAD clock with my A number, it’s a no go. Says it doesn’t recognize it.
    Is it common not to get a receipt for more than one month? And why isn’t it recognizing my A number? What should I do about it?
    Thank you so much in advance!!

    Reply
    • You can only check your asylum clock if you have a case in court. As for the receipt, you should have received it by now. If you go to http://www.uscis.gov, you can find a phone number to call and inquire about the I-765. I am not sure whether they can help, but it is worth a try. If nothing else works, you may need to re-send a new I-765 and explain that you previously filed, but you do not know whether it was received. Good luck, Jason

      Reply
  23. Hi Jason,
    Appreciate you blog service,
    I have question, I file my asylum case In SFO, i tried to contact (714-808-8000) them many times to check that Asylum Office received my documents or not, finaly today they reply from above number that they have received the doc, and they given me alien number of 9 digit, now my question is that, the receipt number and alien number both are same, as i am not able to check the status online thru alien number, they also informed that they sent letter to my address for finger print,

    Kindly guide,

    Dev

    Reply
    • You cannot check an asylum case on line. That Alien Number is a 9-digit number: A 123-456-789, like that. There is also a receipt number, but I do not think that serves much of a purpose; maybe it is used internally. Take care, Jason

      Reply
  24. Hi Jason,

    My case has been pending since October 2013 in Newark office. I recently got asked to give biometrics again related to the case itself not EAD (first set of biometrics were done at the time the case was filed in 2013). I assume this probably has nothing to do with an interview but more so with keeping up with everyone’s records? I noticed the Bulletin hasn’t been updated in May so I was getting a bit puzzled if there is a glimpse of hope but I am sure there isn’t. What are your thoughts? Thanks so much for your blog btw. It is absolutely brilliant.

    Sincerely,

    Em

    Reply
    • Biometrics expire after 15 months, so it may be a routine fingerprinting. This sometimes happens, and sometimes, it does not. It may also mean that an interview is coming or that they expect movement at your Asylum Office. We have seen where people got fingerprinted and then got an interview notice, but we’ve also seen people get fingerprinted and then nothing happens. That is a long way to say, I don’t know. But maybe you can be cautiously optimistic. Good luck, Jason

      Reply
  25. Hi Jason! I have been following nearly every post of you and I finally made my way to US. I arrived at US on a J1 visa together with my wife who is on j2. I am currently writing the details of my case and I will be ready to talk to you about my case within 10 days.
    In the meanwhile, according to the rule, J2 can apply for a EAD immediately after arriving at US. Therefore, before placing the our asylum application, I would like to apply for a depended based EAD card (C-5) for my wife. for this application she has to write a letter stating that we are financially better off and the money earned from her work in the US will not be used to support J1(me) but for recreational and cultural exchange activities in the US. She may also have to provide my bank statement from our home country to support her claim of our financial situation. Since she will the principal application for asylum, I am afraid the depended based EAD application may have adverse effects to her asylum application. What do you think about this?

    Now, If we say we are financially better off and need the ead only for cultural exchange activities , then after one month, we place an application for asylum stating that we need protection, do they consider that we hided something from them when she applied to depended based EAD?

    Thanks for your time and I hope to talk to you in person soon.

    with best regards,

    Adil

    Reply
    • I do not know about EADs for J-1 dependents, however, unless there is some inconsistencies between that EAD and the asylum application, I do not see how one would affect the other. Perhaps if your plan is to hire a lawyer for the asylum case, you should have the lawyer also look into the EAD for your wife, or at least give a copy of all documents you filed in the EAD application to your lawyer, so the lawyer can help you avoid inconsistencies. Take care, Jason

      Reply
  26. Hi Jason,

    I applied for asylum 6 months ago but only did my fingerprints two months ago. I couldn’t do my fingerprints due to some situation. Since my application was accepted for review, am I eligible to apply for work authorization now?

    Reply
    • I imagine it is possible that failing to do the fingerprints will affect your eligibility for the EAD, but I do not know for sure. I think you should apply for the EAD normally (150 days after you submitted the asylum application). If USCIS rejects it or denies it, they will explain the reason for the rejection/denial, and then you can act accordingly. You really have little to lose, since the first EAD application is free, and anyway, my guess is that you will get the EAD despite the issue with the fingerprints. Take care, Jason

      Reply
  27. Good day dear Thomas and Jason,

    Her is the link to check the EAD status “https://egov.uscis.gov/casestatus/landing.do”
    Is there any link to check online asylum application status or progress?

    Reply
    • You cannot check the status of an asylum case online. Most other types of applications, including the EAD, can be checked online. Take care, Jason

      Reply
  28. Hello Jason. I have a question. My girlfriend and I have previously applied for asylum separately. We have now gotten married and our cases are both still pending. Can I add her as a dependent on application at this time? Also, she is looking into a u-visa , would that have any effect on asylum cases? Many thanks!

    Reply
    • I suppose you could add her as a dependent, but it is probably not necessary. If you win asylum, you can file an I-730 and she will get asylum too (and vice versa). The U visa should not affect your case or hers, unless there are inconsistencies with the asylum claim. Take care, Jason

      Reply
  29. Hi Jason,

    I am a friend of two young men who were caught on the border in April. They applied for asylum, got their credile fear interview, but their application for asylum was denied. Today a judge heard their appeal and affirmed the order of deportation.

    They are two students in El Salvador who are being intimidated, extorted and threatened by MS gang members. Their cousin was murdered–literally tortured–after his tongue and arms were cut off. My friends were told they would have the same fate if they did not cooperate with the gang members.

    What can I do to help them now? Can I prevent their deportation some way? I worry about their safety. Can I help them seek asylum somewhere else? Can they be deported to any other country but El Salvador?

    I would love any guidance you can provide.

    Evelyn

    Reply
    • According to my research, El Salvador citizens can travel to Europe without a visa. They can go there and try and apply for asylum.

      Reply
    • It sounds like they are subject to expedited removal. I can see why this might be a tough asylum case as it may be difficult to show a “nexus” to a protected ground, but it should have been an easy credible fear case, since “nexus” is not supposed to be a consideration. As for what to do now, I am not sure. Aliens have very few rights at the border, and credible fear decisions by Immigration Judges are not reviewable. Perhaps a habeas corpus action? But it is not something I know about, and you should probably find a lawyer who does such cases to ask whether there is any chance of success (I am not optimistic). Also, I doubt you can prevent their return to El Salvador, unless maybe they have a visa to a third country. Once they are in El Sal, they can always leave to a third country and request asylum there. Sorry I do not have a better idea for them. It seems like the credible fear should have been granted, but an alien’s legal rights at the border are so limited, there is not much that can be done. Good luck, Jason

      Reply
  30. Dear bloggers,

    I don’t think that the delay on EAD is because people filled bad the application form. For my case, the form was filled up with lawyer assistance and we even if included the previous receipt number. So all references were there! Should not get delay.
    Can a USCIS member take time(friendly) to explain us really what cause the delay? How many offices the application should cross up to final approval and get a such delay?

    Reply
    • I don’t think the problem is the application filling. The problem is that they receive too many applications and they don’t have enough agents to process them, that’s why it’s taking too long. I know it’s frustrating…

      Reply
    • I agree with Alex – I think the problem is volume – too many cases. USCIS could implement a policy to expedite cases (where you pay extra for faster processing). They do that for some types of cases, but not EADs. It is very frustrating. Take care, Jason

      Reply
  31. Good day dear Jazon,

    The way USCIS is working to review the EAD is unimaginable , really to review an ID and they have already your previous data its take 4 months? That is not fear on the level of US occupied today in 21eme century. This is not even happened in any of our African countries where they said there is no administration.
    American population is around 325 Millions and not everybody review the ID at the same time! What about if American population reach Billion like China? Then nobody will be able to reniew the ID, because it will take almost 2 years. We pray Almighty God to assist American administration in paper work.

    Reply
    • You are correct – I have no idea why USCIS needs 4 months to renew an ID that they already approved. Take care, Jason

      Reply
      • Surprisingly I get my third ead approved in 35 days or 120!!!!!! Never had a delayed ead , I am start doubting that the way ppl file is wrong that take long time for Uscis to sort out !

        Reply
        • Maybe you know some special trick. If so, please let us know! Take care, Jason

          Reply
          • Jason due to the buildup in backlog asylum cases is it possible that some cases from the slower moving offices will be moved to other faster moving offices with less backlog.

          • I do think there are ways that resources could be shifted around, though it is more likely that officers would move to difference Asylum Offices, rather than cases being moved around. I have not heard about this happening, but we will see. Take care, Jason

          • Sure , magic trick time , I send my package in this order , (my application all filled up with computer typing only signature is hand written , also everything is typed in black ink) :
            1. Check
            2. G-1145
            3.application
            4. I-94 copy
            5.last ead copy
            7.2 passport photos
            8. Copy of I-589 recipt
            9. Copy of last ead barcode
            Definitely there’s delays with ead in general but might some technical things like that be some type of a delay as the system can take time processing

          • Maybe that is the trick. By “last ead barcode” do you mean the receipt for the old EAD?

  32. hi Jason,

    I have question, if my asylum case under process, can I able to apply for green card through investment, (any idea how much for California), more over my usa citizen sibling can invest behalf on me??,

    Kindly guide,
    Thanks

    Reply
  33. How you doing Jason
    I do not want to start my issue with out saying thanks for good doing for us because you are blessed as per the bible or the scripture
    I have submitted my EAD one moth ago and they have sent to me the receipt letter after a week later. Again after 15 days they have sent reminder that the case is transferred to Neb. service center to speed up the process and high lighting me to check the status online by using my receipt number and more over they have given me the phone number to call for check but none of them is not working to know updated status
    so I scared not to be off track of my case status , and that getting confused me
    As per your advise pending one month for EAD application is to early to get the work permit ( which is 3 to 4 month )
    1/ kindly advising me what to do to know condition of my status
    since this is my first EAD
    2/ is there something updated information about asylum applicant the delay of the whole process and other issue that you know
    you see Jason here we are suffering staying one year with out job , stress and family matters etc . I do not under stand the country who is leading the world how they do not able to solve this problem where all the technology and every things available.
    if uscis knows the condition of asylum applicants is congested, why they are not improving the EAD time to be issued shortly . don’t you think that waiting 150 days for pending asylum and other 120 days for EAD is to long, if this also going smoothly . How people are survive with nothing to allow to do by law and or it seems like if mr. X is pass away we know that there is mr. Y ahead doesn’t matter if so what is the use of having the office for human trial organization and bla bla bla —— .
    ( suggestion )
    thanks for you time long live
    good day

    Reply
    • 1. You can type the recipt number (found on top of the letter they sent you) online on the USCIS website (this is the link: https://egov.uscis.gov/casestatus/landing.do ) to check the status of your Employment Authorization application.
      2. The point of the 120 days is for the government to discourage people from coming and applying for asylum in the U.S. This move was, unfortunately, intended.

      Reply
      • I did, but the web says validation error and leading me to call the phone which has hosted on the web , when I call also no one is on line to pick the phone that is why i requested advise
        from you
        thanks for you time appreciating all your help
        good weekend

        Reply
    • If you received the receipt you should be fine. USCIS transfers these cases around, and it has no effect on the case. I have heard about some people getting the EAD more quickly (and last summer, USCIS was faster than they are now), but we are generally seeing people wait 3 or 4 months for the EAD. Why is the system such a mess? That is a long story and I have written about it here several times, but basically there are too many applicants and not enough resources. Once you get the EAD, things will be easier. Good luck, Jason

      Reply
      • Jason, would you know which month Newark asylum office is now interviewing.

        Reply
        • Check the Asylum Office Scheduling Bulletin – a link is at the right. Take care, Jason

          Reply
      • thanks for your kindly genuine information and replay
        wish you all the best
        good bless you again and again

        Reply
  34. I filed my asylum after expire my 6 months visa will it give any negative point to re-enter or it will be fine?
    And yeah not waited about a year just file with in 8 months any suggestion?
    Thanks very much.

    Reply
    • As long as you filed within one year of arriving, you are not barred from asylum. Take care, Jason

      Reply
  35. Hi Jason,
    I have two things to ask.

    (1) travelling on advance parole to other country not that asylum claiming country, is that risky to re-enter In United States I’m planing to travel just want to know the opinion how safe it is.
    (2) if i make move one state to another and don’t want to transfer the case is there any way to do like that the Lord reason i want to do this thing is where I’m planing to go is much slower then my current state what can i do on that situation.
    Thanks

    Reply
    • 1- If you already have advance parole, there is nothing to worry about if you’re not going back to the country you’re applying asylum from.
      2- Its illegal for you not to report a change of address if you have permanently moved. If the move is just temporary, and you’re going to maintain your old address, then you’re fine. Moving and not informing USCIS for your convenience could lead to serious consequences.

      Reply
    • 1 – It should be fine, but there are no guarantees. If you think you may have issues that would prevent a re-entry, talk to a lawyer before you go. 2 – If you can maintain your old address (keep your driver’s license there, pay taxes there, spend time there), you can probably climb that you still have that as your “permanent” address. Again, maybe it is worthwhile to talk to a lawyer to think about your specific situation. Take care, Jason

      Reply
  36. Hey Jason,

    I am on a pending asylum case. For my EAD, I received an evidence request and mailed back what was asked for. What I would like to know is that what would I be receiving after it? And do they usually halt the processing of the case for a long time?
    Thank you.

    Reply
    • Till you send the required documents they asked for. The longer you take to send them in, the longer it’ll take for them to get back on your case.

      Reply
    • At least in my experience, the request for evidence does not greatly delay the EAD application, especially if you respond quickly. Hopefully, you will get the card soon. Take care, Jason

      Reply
  37. Hi Jason,

    My wife has applied for assylum a year ago, we havent had an interview yet. We are from different countries.

    I am thinking of visiting my country, not the country my wife is seeking assylum from, can you please explain how it works.

    1. How long does it take to get travel documents if we apply?
    2. And will it be possible to come back afterwards?

    Thank you for your time.

    Reply
    • Unless there is some other problem with your case (and I do not know), you should be able to leave and return to your country. However, I do not know all the facts of your case, and leaving the US is always a risk with an asylum case pending. I recommend you talk to a lawyer about the specifics of your case in order to be safe. Typically, we are seeing people get the Advance Parole document in 3 to 5 months, but some cases have taken longer. Take care, Jason

      Reply
  38. USCIS has just sent me second fingerprint request..is it positive sign?..I m waiting for last two years after interview.no response sinc then.

    Reply
    • Hey Assyle which asylum office did you apply at.

      Reply
      • İ applied at San Francisco

        Reply
        • In June 2014..

          Reply
          • Im guessing its a good sign. Seeing from the asylum scheduling bulletin San Fransisco was interviewing March 2014 cases in March. So by now I guess they are now doing June 2014 cases.

    • Maybe – Sometimes when a client gets a fingerprint notice, they get an interview soon after, but other times, nothing happens. You should check the Asylum Office Scheduling Bulletin to see whether your interview is coming soon – there is a link at the right. Take care, Jason

      Reply
    • You had your interview 2 years ago and you are still waiting for a decision?

      Good God, what is going on in USCIS, why are they processing cases so slowly?

      It seems it will take 5+ years just to hear something from them.

      I have not had my interview yet, it seems it will take ages.

      Reply
      • Things are quite bad right now – we have many clients waiting for more than a year since their interview. For what it’s worth, most of them are from majority Muslim countries, which seem to have longer security check delays than non-Muslim countries. Good luck, Jason

        Reply
        • I see now.

          Thanks for clarifying it.

          Reply
  39. Hi Jason,
    Hope you doing very well,
    I just have something to know i saw the military recruitment program they call it MAVNI and yeah they just offered a chance to foreigners to serve in a USA Army they mentioned these categories,
    Non-immigrant categories E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U or V
    Asylee, refugee, Temporary Protected Status (TPS)
    Deferred Action for Childhood Arrivals (DACA)
    So i just want to know m i eligible for apply while I’m waiting for my asylum interview i filed my case in 2015 more than a year now.
    One more thing is there any status or category while we wait for our asylee interview somebody asked me whats your currently status so i have know idea what is my category right now.
    Thanks

    Reply
    • Your current status (while your case is pending) is asylum pending. It is not really an official status, but you are allowed to remain here with a work permit. I do not know whether you can enter the US military while your case is pending. You would have to talk to a recruiter. Take care, Jason

      Reply
      • Jason is right, pending asylum has no status. You can not join military, I am in the same situation, I tried couple times,and actually went to couple different recruiter offices, they gave me different answers, so I was really confused, then finally, I got their phone call, they said I am not qualified, because I have no status, and they offer me a chance to come to their office once I obtain my asylee status. Who know, if Donald Trump really become president, I think MAVNI probably could be canceled. I don’t know, asylum interview seems to me like a forever waiting list.

        Reply
        • Thanks Alex may be wait untill interview

          Reply
        • Thank you Jason.

          Reply
        • Thank you. It does seem like it is taking forever. Hopefully, the changes USCIS is making will eventually help the situation improve. Hopefully. Take care, Jason

          Reply
      • Thanks Jason

        Reply
  40. I am on EAD pending asylum case, I applied for MPH at got admission, today they sent me documents for I-20, I call them that I have valid EAD so I don’t need I-20 and can’t change my status, she ask me the what USA law allow me to study on EAD. I need your suggestion as you have written constitution for USA asylum, what is the USA law to study on pending asylum case?

    Reply
    • Each school has its own rules. Some would be satisfied by just looking at your EAD, some would be satisfied by just looking at your asylum application receipt. You should contact that specific school you want to attend and ask them what will satisfy them.

      Reply
    • I have never found any regulation or guidance from USCIS that says a person with an EAD is allowed to study in the US. However, I have never had a client with an EAD who was not allowed to study. You should not need the I-20; you should be eligible to enroll with the EAD, but you may need to convince the school of your eligibility. Unfortunately, I have no guidance to point you too, but if they communicate with other schools, they will see that it is common for people with EADs to matriculate. Good luck, Jason

      Reply
  41. I recently appointed lawyer for my asylum case, how do i know that, lawyer is genuine and has any experience because i found him online and also I paid him as per his instruction through his online invoice portal,

    how do i check he and his law firm is recognized,

    Reply
    • You can go to the state bar association where he is licensed (normally called a “Bar Association”) and check whether he is licensed and in good standing. EOIR (the Immigration Court) also maintains a list of lawyers who are not allowed to practice in Immigration Court – you can check that list too (I think if you follow the link at right called Immigration Court, you can find that list). Take care, Jason

      Reply
  42. Hi, Jason
    Since I can’t read the previous comments, I just post my question here again.
    I was interviewed on May 10th in Seattle. I feel like the interview went pretty good. The sweet smiling lady created no difficulties for me, only asked once of all the basic questions. She said that my affidavit is very clear and logical, and my life story is very credible ( maybe she said ‘ so incredible’, I didn’t hear clearly; but either one is good word, isn’t it?), At the end of interview, when I asked about “intend to deny”, she told me to “stay optimistic”. So, I reckon I should be fine, right?
    I use my Z-number to check my status on USCIS website everyday, still says “does not recognize the receipt number”. I know that if my case is granted, the USCIS web should be able to recognize my receipt number, and the case status should be “card production” or similar.
    How long people usually get their results after interview? What’s the fastest you’ve ever met, Jason?
    Thanks a lot!

    Reply
    • There are often long delays after the interview, but this is unpredictable and varies from case to case. Certainly, some people get a decision in two weeks (or even less), but at least with my clients, that is not the norm. I do not know that you well get any info about your asylum case on-line. You will receive a decision by mail. Good luck, Jason

      Reply
  43. Hi Jason on this moment i would like to express my appreciation for what you do .
    Jason i applied for 2nd time address change for the same address but i do not got confirmation from usics office, i am skeptical may it is lost or some thing which is not definitely express, also to fill on line my receipt number is started in ZAR and the computer filed does not recognize it , please i need your valuable advice in this issue.
    Thank you
    Tommy

    Reply
    • You should file the AR-11 directly with the local asylum office. You cannot check asylum cases on-line, so the ZAR number will not work. Take care, Jason

      Reply
      • Thank you for your expedite responses, Jason as i express it on my request i wrote and mail both time with form R 11 to local office but they didn’t respond,have you any other recommendation options
        Thank you
        Tommy

        Reply
        • They normally do not respond when you send them a change of address. You can email them or go in person to check whether they received it, but that is about all you can do. Take care, Jason

          Reply
  44. Sorry Thomas and Jason for error on dates,
    My wife entered the US in Nov 10, 2013
    USCIS received the application in October 13, 2014
    Fingerprinted in November 06, 2014 up to now no other notice.
    The application was received less than one year. That why I raised the case of people applied after her and got interviewed. If in December 2014 USCIS change the rule by appliying LIFO (last in first out) she could also be interviewed! Really I’m very concerned.

    Reply
    • No need to be concerned. Like Jason said, the majority (not all cases) had their applications studied on a last in first out basis. Some (a limited amount) went into the backlog. I’m guessing your wife is one of those cases. There is no specific reason to why this happened. It just randomly did.

      Reply
    • Her application was received under the old system, but it is not surprising that she has not been interviewed. If you want to double check, contact the local asylum office and ask them – contact info can be found if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  45. Thank dear Thomas for your answer,

    My wife entered the US in 2013 but applied for asylum in October 2014 less than one year after entering the US and got fingerprint in January 2015. But since that time we have no idea about her case. That why I raised the case of people applied after her and got interwed.
    Thanks again, I appreciate your job.

    Reply
    • The fact that she got finger printed two months after applying raises alot of flags for me. Something is wrong. Also, if her asulym application was received more than a year from the date she entered the US, then there is a great chance her application is going to be rejected, unless she can explain the delay (judging from your info, sounds like its technical issues which delayed the case, which is an insufficient reason). I don’t know anything about your case, but I guess her applying/priority date is in Jan 2015. Good luck.

      Reply
  46. Good day dear Jason,

    First of all I appreciate your valuable assistance and support however I have a question.
    The calendar on the side and the priority set by USCIS look like is working for only some categories of case. Why I’m saying that is, We have seen people filled application in Arlington and Chicago in 2014 and have been interviewed already. As per USCIS priority in fact these people never reschedule their case and are not children. Only what we know is there are singles. Look like USCIS is prioritising single application case than the case containing family. Do you know why apparently family case is getting much delay? I cannot see my family since 2013! My kids keep asking me why I’m taking much time to visit them, so sad for me and I don’t have answer for this.

    Reply
    • Apparently you haven’t been keeping up. During the year 2014, the government was studying cases on a last in-first out basis (which means if people applied in 2014, their cases were studied on the spot, and people who applied before just had to wait more). That’s why you see people who applied in 2014 with asylum decisions. In the beginning of 2015, the law changed, and so they started studying cases on a fisrt in-first out basis. Old cases are today’s priority and people who apply today have to wait for all pending cases to be studied. It has nothing to do if you’re single or not. Your case is just like any other case (unless you’re a minor). Your case is very soon though because you filled in 2013. Hold on just a little longer.

      Reply
      • By the way Jason, do you think the asylum bulletin will skip the year 2014 since those cases were already decided on? Do you think it’ll probably jump to 2015 once they’re done with 2013?

        Reply
        • I do not know – in Arlington, VA (the office that I am most familiar with), the majority of our cases from 2014 have been interviewed, but not all of them. So USCIS will have to get through the remaining cases. I am not sure what is going on in the other asylum offices for 2014 cases, but it’s a good question. Take care, Jason

          Reply
    • The USCIS policy changed in December 2014. Before that time, some cases were interviewed, while others went into the backlog. The cases listed on the Scheduling Bulletin are the backlog cases – Starting in late December 2014, USCIS has been interviewing the oldest cases first. For this reason, some people who filed in 2013 and 2014 have already been interviewed. Take care, Jason

      Reply
      • Jason when will the asylum bulletin be updated for the month of April. Are there any major changes in the interviews being done for the Newark office.

        Reply
        • I don’t know and I don’t know. Hopefully, there will be some movement, as things are awfully slow, at least at the Virginia office. Take care, Jason

          Reply
  47. Hi Jason

    first of all appreciate your valuable blog services,

    I have question, if I file my asylum case, then my wife and 6 year kid can able to apply for B2 visa, how much chance of getting visa???,

    kindly guide,

    Reply
    • It may be more difficult for them to get a visa once you apply for asylum. I wrote a blog post about this, which may be helpful, called “Family Members of Asylum Seekers: Beware!” Maybe that would help. Take care, Jason

      Reply
      • Thanks Jason for your valuable feed back,

        I have question, as informed by my lawyer , once I file asylum and get EAD after 4 months , on basis of that my family can apply for B2, they Lyn to me, so embassy will grant visa to them, is it possible?? how much chance to get B2 visa,
        Kindly guide,
        Once again thanks you so much,
        dev

        Reply
        • I am not sure I understand the question, but in general, if you apply for asylum, it will be more difficult for your spouse to get a B visa to come to the US. Also, you cannot apply for the EAD until your asylum case has been pending for 5 months. Take care, Jason

          Reply
          • Thank you very much for your valuable feedback , that mean after 150 days ,right ,more over I am in status up to 06/20/2016, my doc will reach to asylum sfo office with in this week thru my lawyer, can asylum sfo office will schedule my interview before my status expiry i.e. 06/20/2016 to make early decision ,or should I wait and file within 1 week before my status expiry is good?? as I am near by applicant , kindly guide , warm regards, Dev

          • Sorry – I do not understand your question, Jason

  48. I´ve got 2 question : 1. Can I hire a lawyer from different area where i live. ? 2.- I summit my application for asylum without including my wife and children, They already have american Visa and living abroad. Can they travel to USA any time for good ant be added to my asylum application _ Thanks a lot. You are a wonderful bloggers and lawyer. tell me if I can hire you. * I am living in Texas

    Reply
    • You can hire a lawyer from anywhere, but it is more convenient and cheaper to hire a local lawyer. Your family can come here if they have a visa and then you can add them to your case (which should be easy, but the bureaucracy sometimes makes it difficult). As for me, you can email me at jdzubow@dzubowlaw.com. I can do a case in TX, but again, it is often easier to have a local lawyer. Take care, Jason

      Reply
  49. Hi, Jason
    I have a question, how to read the PREVIOUS COMMENTS?
    It says 162 comments… read them below or add one
    but there is none below, only ask me to Leave a Comment.

    Reply
    • Yen – I just noticed that too on another webpage. I think you can click on previous comments, but maybe not. I will see whether I can fix it. Thank you, Jason

      Reply
  50. Hi Mr Dzubow,

    I am trying to change my main address of my case online but having a problem.

    The website is asking for a receipt number which on my receipt starts with ZCH, but the website has following extensions only:

    -EAC
    -WAC
    -LIN (I have this number on my EAD)
    -SRC
    -NBC
    -MSC
    -IOE

    If I put LIN number from my EAD, will it be correct?

    Another issue is, we have filed 1 case for me and my wife.

    Shall we need to fill up 2 applications for each of us in order to change the address because each one of us has different LIN numbers?

    Reply
    • If you are the applicant and your wife is a dependent, you should need to file only one change of address. If you each have your own separate case, then you each need to file your own address change. I recommend you submit the change of address directly to the local asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • You mean best way of doing it is by writing a letter to the local office?

        Thanks a lot for your advice!

        Reply

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