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,
Your help is always appreciated!
I got permanent resident (green card) based on my DV-2021 selection. Thanks God.
Dear Jason, How I have to stop my pending asylum application? Can I go to my home country? Is my asylum status changed automatically to permanent resident? How do I know my status is changed? what I have to do? Thanks.
You probably have to cancel your asylum case. Email the asylum office to ask about this. You may need to send them a copy of your GC (front and back). You can find their email if you follow the link under Resources called Asylum Office Locator. In terms of returning to the home country, I think you still have to be careful about that. If the US government thinks you lied on your asylum case, it could still have an effect. I wrote a post that might be relevant on January 6, 2016. Take care, Jason
Hello Jason
Today I was reading on Reddit and saw that in a post. Did you hear anything about it.
https://www.americanimmigrationcouncil.org/litigation/challenging-uscis-delays-renewal-employment-authorizations
It a lawsuit for USCIS regarding EAD delay for pending asylum.
Yes, it is from ASAP, AIC, and a law firm. Hopefully, it will do what USCIS so far has failed to do and make the wait times better. Take care, Jason
Hi Jason ,
Thanks in Advance for suggestion . What it may help recent DHS orders for stop deportations by ICE . Is it works for every one without crime history ?
Please give me advice for my cousin .
I know there are new rules about deportation priorities, but I have not reviewed those yet. Also, we will have to see how the rules are put into effect. Take care, Jason
Hi Jason,
My case is at imigration Court.I and my girl freind have a plan to get married soon.She is a citizen.Can I get Refuge Travel Document after submiting I130 to USCIS but before approval of I130?
Thanks,
You cannot get an RTD unless you win asylum. If you get married and get a GC, you can get a travel document, but it would only be an RTD if you win asylum. Take care, Jason
Hello,
I have the US Refugee Travel Document, I would like to travel in EU, but as I can see a lot of places require I have the Schengen Visa. How hard is it to obtain a Schengen Visa through embassy here, anyone please who has done this before any advice or how the process is.
My friend, this is the right place to get information that you need. I have be helped several times. Attorney Zubow is a great and selfless man whose services have have positive impact on people, especially asylum seekers.
Please kindly tell me how much was the fee you paid for travel documents. My application have been returned 5 times for incorrect fee. My category is C8. I will greatly appreciate.
I think it will depend on the individual circumstances, and so you probably just have to apply and see what happens. Take care, Jason
Jason, I applied for GC in March, but still no updates.
I believe you file a lot of applications for GC for approved asylees.
Based on your experience, how long does it currently take to receive a GC after applying for it?
Thanks.
I actually encourage my clients to do that on their own, so I don’t do such a large number of them, but the wait time is very unpredictable – I think it normally takes 1 or 2 years, but if you check the USCIS processing times, it can be even longer than that (and it sometimes is longer than that). As long as you have the receipt, you should be fine. Take care, Jason
Hello Dzubow I thank you for always being there. You are a great and selfless man whose services have have positive impact on people, especially asylum seekers.
Please kindly tell me how much is the fee for travel documents, I-131. My application have been returned 5 times for incorrect fee. My category is C8. I will greatly appreciate.
There are different types of travel document, and the fee varies depending on the type of document you want. The I-131 webpage at http://www.uscis.gov lists the different types travel documents and the fees, but if you have asylum pending and you are applying for Advance Parole, the current fee is $575. Take care, Jason
Thanks Jason,
That was the exact fee ($575) I mailed the first time and it was returned. Although, it was my personal check, is that an issue? After that time, I have mailed different fees and it gets returned back. I do not know what the problem will be. I am really frustrated.
I understand you have to reply to different concerns here, kindly assist me, I’ll be grateful.
Warm regards.
Maybe you did not indicate that you were applying for AP based on a pending asylum case (humanitarian parole). The I-131 is confusing because it does several different things, and so if USCIS did not know what you were applying for, maybe it thought the fee was wrong. Usually, if you read the rejection letter carefully, you can get a good idea of why they rejected the application. Take care, Jason
Hello Jason, do take cases for asylees with pending adjustment of status application that has been delayed for more than a year. Like do you file a mandamus lawsuit? if you do not, do you know attorneys in the DC area who can help?
I do not do such cases. I cannot recommend lawyers here, but many lawyers do such cases. One lawyer did a post on this blog on October 2, 2018 – you might try to contact him, but you can also check AILA.org for referrals for mandamus cases. Take care, Jason
Thanks Jason, you’re always to the rescue. I got it figured out. On part 2 (application type) of the i-131 i selected box 1b, I think it should have been 1d. I used the fee calculator and it gave me $575. I believe it will go through this time. I’m really grateful.
Hi Jason,
Question on green card processing times. Does moving affect timeline? I applied for the green card before my brother but he just got his card and I am still waiting on mine. I have been waiting for over a 1.25 years. Both Green cards are based on the same asylee status. The only difference is he just moved from NE to TX 2 months ago. Thanks in advance
My sense is that moving probably does not affect processing time, but I am not sure. The process is so long, and so unpredictable, it is difficult to know what causes it to be faster or slower. Take care, Jason
Good afternoon sir
If the registery law would pass and I would qualify but I’m in the removal proceeding, how would that work?
Thanks again
There is no way to know, as we do not know whether the law will pass (it seems doubtful). In the past, for most people, if they qualify for relief outside of removal proceedings, they also qualify for relief in removal proceedings. And so if there is a new law, it is likely people can benefit from it whether or not they are in removal proceedings. Of course, we will have to see how the new law looks before we know for sure. Take care, Jason
@asylum seeker
Don’t waste your time no laws will pass and no body will get free GC unless you are eligible for but no laws will pass so don’t dream about it
Hello Jason,
I need some paperwork to be filled out an EAD application and a Green Card application. The lawyers are asking a high price for filling them out. My family is going through a tough financial period. Can anybody suggest me a good immigration forms specialist that is very qualified but doesn’t charge high prices?
Jason sorry for asking here it’s just that your platform is a place to hear right and helpful comments and feedback. You help us in need.
Waiting for any replies.
Thanks in advance.
I can’t allow referrals here (it potentially gets me into trouble), but you might try this website: https://www.asylumadvocacy.org/. Under the “work permits” heading, they have some good resources to help you do it yourself, and maybe you can contact them for some referrals if you need help. Take care, Jason
Hello Sir,
I asked a question here. I do not know if you got it or such questions can’t be asked here.
Is there a category a person can apply if he has spent over 6 years in the U.S on a pending asylum and he may not be fearing persecution from his home country anymore?
Not really. There might be other forms of relief that you are eligible for, but basically they depend on a US citizen spouse or child over 21 years old. There are some other possibilities – I wrote about this on August 6 and 28, 2018. But you would need to talk to a lawyer to see your options, as this is very case specific. Take care, Jason
Jason,
Does getting Cancelled With Prejudice stamp on a passport at a US airport before leaving mean that an automatic bar will take a place by default?
This is related to my last question that you answered yesterday on September 27th. Thanks!
I do not know that there is such a stamp. Cancelled “with prejudice” would mean that you cannot apply again for that type of visa (I guess), but you can always apply for a visa – it is up to the US embassy to decide whether to grant it. Since only embassies and not CBP officers at the border have that authority, I do not think they would have such a stamp. I may be wrong, and if that is the case, maybe it means they put something in the system to make it more difficult to get a new visa, but I do not know about that. Take care, Jason
Hi Jason
I have a question. I been waiting almost 2years and the immigration court still didn’t schedule any court date. So is it really helpful to file for a motion for an individual hearing? is it possible to know how long should I need to wait?
I think a motion is probably the best bet. You can try to call the court and talk to the judge’s clerk (or if there is no judge assigned, talk to the receptionist), but this is usually not very effective. I guess you can also file a mandamus lawsuit to force them to adjudicate the case, but you should try the normal channels first – calling and filing a motion. You can find the court’s phone number if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Jason,
A friend left the US, at the airport (in the US) the immigration officer put a “CANCELLED WITH PREJUDICE” stamp on the passport. My friend always maintained his visa, never stayed a single day without a valid I20 status for 6 years in the US. However, he did work and filed for taxes while he was a student. Can that person apply for a visa again to come back to the US at all under any circumstances or exceptions?
I told my friend it’s possible to apply for a visa again if he got “canceled without prejudice” stamp, my understanding that it’s almost impossible to get a visa again if someone gets canceled with prejudice stamp on their passport. Am I wrong?
He can apply again. I suspect it will not be easy to get a new visa, but some visa types may be easier to get than others. Once he knows what type of visa he will apply for, he can talk to a lawyer who does those types of visas and maybe get some help presenting the strongest possible application. I do agree that the situation would be worse if the visa was canceled with prejudice (though I am not sure that that can even happen). Take care, Jason
Hello jason
When i get my GC it will be categorized as AS6 as I’m the main applicant of the asylum but later if i marry my gf who lives in 3rd county not my COP and will apply for her as my spouse after we get married next year does her GC will be categorized as AS7 or just regular GC holder spouse alien? As i married her after my asylum and she has nothing at all to do with the asylum
I do not know for sure, but if you file for her after you have a GC, I imagine her own GC will just list her as a family-based immigrant, since she has no relationship to the asylum case. Take care, Jason
Hi Jason,
I got my asylum approved, also received my EAD, I m planning to get married soon to a non US citizen , who is currently a student on F1 visa and residing in the United States. How the process would change for him? Can I start the process for him ? How much time it usually takes ? Will he be able to travel back to the country ?
An asylee can only file for a spouse if you were married at the time that asylum case granted. Otherwise, you have to get a green card and then you can file for him. He probably needs to remain in status until you file for him if he wants to process his own GC in the US (as opposed to at an embassy overseas). I wrote about that issue on August 28, 2018 and September 6, 2018 (these articles are for asylum seekers, and it sounds like he has not filed for asylum, but the basic process is the same). Take care, Jason
Hi Jason,
I have filed for asylum in June 2020, and then I found out about your blog and your book, which have been a great help to my knowledge and understanding of this system. My attorney is an old guy and very old fashioned. He hasn’t been so great with communication, and had a few false information especially about the EAD. I have shared with him a few ideas on expediting the case and haven’t heard from him for a while now.
My question is, is it an easy process to change lawyers if i decided to? will this affect my case in anyway, especially in terms of timeline? Will I need anything from my current attorney to change to a different one?
And if i keep my current attorney, can i myself proceed with any of the suggested ways of expediting my case without his approval or feedback?
My other question would be, does my case affect any first degree family members (parents) who would enter the US with a valid tourist visa? will they be questioned? will they be asked about my case?
Thank you!
You can change lawyers whenever you want – that is pretty easy (the new lawyer submits a form G-28 to the asylum office), and it has no effect on the progress of the case. I highly recommend you do not try to expedite the case without informing your lawyer. If the client takes action that the lawyer does not know about, it can create real problems for the case. If your lawyer won’t or can’t expedite, then you should find a new lawyer or fire your lawyer and do the expedite request yourself. That said, I am also old school, and so I do not want to criticize your lawyer! Whether your asylum case will affect your family members’ ability to get a visa is not clear. It could. Especially for a spouse or minor child. It may also affect other family members like parents and siblings, especially if your case causes the embassy to think that your family members will also seek asylum in the US. They may need to provide extra evidence that they will return after their visit to the US (such as family ties, property, job, etc). Take care, Jason
Jason,
Is it possible for someone who’s been in the US for several years to apply for an asylum now?
It is. A person is required to file within one year, but there are exceptions to that rule. I wrote about this more on January 18, 2018. Talk to a lawyer for help with this, as the one year filing bar is a problem, but it can sometimes be overcome. Take care, Jason
Hi Jason ,
I am vinny on appeal to BIA and asked me send Brief statement for my asylum denied case on or before 10/01/2021 .
But recently I got gunpoint at store when the thief was stealing cell phones from T mobile store . The guy put gun almost on my chest .. so the store guy called police and recorded the statement . They are preparing police statement for applying U visa as per attorney suggestion .
So still we are waiting for Dallas police department statement and might be available soon 20 days after requesting .
At this moment
1. Can we request for extension for brief statement , it’s on on before 10/01/2021 .
Or
2 . Can we file U visa without police statement then can I inform USCIS or DHS for adjustment to avoid removal process .
Or
3. Can I send information both about brief statement to BIA and victim of Crime / U visa , all this happened last month Aug 26 th and trying to apply for U VISA . They may put removal process if we inform about applying U visa in brief statement for BIA .
Could you please suggest options for above my case .
Also I need consulting if you like to work on my case .
Thanks .
1 – You can request one extension from the BIA for an additional three weeks. As far as I know, that is the maximum extension to file the brief. 2 – The U visa is a separate process. For now, you have to file the BIA brief, which will get you more time. Once the U visa is started, maybe you can try to remand (return) the case from the BIA to the immigration court. 3 – I guess you can talk to DHS to see whether they will agree to remand (for example, they just agreed to remand one of my BIA cases where the person is from Afghanistan and now the country has been taken over by terrorists). DHS may agree, but I think you do not have time for that now – probably you need to file the brief. Once that is filed, it takes the BIA months (or years) to make a decision, and that will give you enough time to get the U visa process started. Take care, Jason
Hi Jason ,
We requested for Extension for BIA brief but got denial . They said the reason for denial is ” Good cause not shown ” . ( My previous attorney@ immigration court is out of country so we sent exactly as my attorney is on travel )
I got below notice along with other instructions
You may file motion for consideration of your late -filed brief .
Still my attorney is out of country so what we can do ?
Please give me suggestion for next step .
Thanks ,
Vinny
That is a real disgrace. The BIA’s 3-week deadline is ridiculous to begin with (I wrote a post about that on July 1, 2015). I think the only thing to do is for him to file a brief with a motion to accept the brief out of time. Hopefully, they will accept that, especially given that the lawyer was away when they sent the briefing notice. I guess you could also try to find another lawyer to do the brief on short notice, but that is very difficult. Good luck, Jason
Hi Jason
We applied for renewal of our EAD cards in April 2021. We finally received the renewed EAD on Friday 9/3. My husband is the applicant and we have 2 children. One of my children’s EAD was not included with ours and am wondering what could be the problem. Do they sometimes process and send them separately, even if we are under one applicant?
It is very common for family members who filed at the same time to receive EADs at different times, so as long as you have the receipt for the child, you should be fine. Take care, Jason
Hello jason
When i was applying for my RTD I mentioned the countries i will visit on the form i-130 and it were all European countries so now i wanna also apply for a visa of a country in South America so if i go to this country is that fine or the USCIS will make me a problem cause I didn’t mention it oj the form? I’m from the middle east and for sure will never the COP i just wanna expand the countries list of my vacation
Thanks jason for everything
If you already filed the I-131, I would not try to change this. Once you have the RTD, no one cares where you traveled (unless it is to your home country). In the very unlikely event that USCIS asks why you did not list the South American country on your I-131, you can explain that your travel plans changed. I cannot see how this would be a problem for you, and I would not worry about it. Take care, Jason
Hello jason
I have a conditional GC since 4 months ago after i married my US citizen GF and 2 weeks ago while i was in my car 2 people tried to steal my car and that ended up getting shot in my lungs and i was transferred to the hospital and stayed in the emergency room for 2 weeks! And I’m still not recovered at all but getting better Now my question is does what happened to me help at all to get the citizenship faster or get any immigration benefit for being a victim of a crime?
I am sorry for this tragedy and hope you fully recover quickly. I do not think it can help you with your citizenship or make anything faster. If you had no status, you would likely be eligible for a U visa, which can lead to a GC, but you already have a GC, so I think there is nothing more to do. Take care, Jason
Hi Jason it is six month I submitted written pleading.I asked my lawyer to call the clerk about my case he said to wait for them to call us to individual hearing .I don’t know why he doesn’t want to call them and give me update about my case.I can’t call too because I must speak English but I don’t suppose to speak English so in my hearing I suppose to speak French and they will provide French translator.what can I do now ?
Calling is often very time consuming – they do not answer and never call back. Lawyers have limited time for activities that do not do much good, and trying to call the court is often one of those activities. That said, after 6 months of no action, calling is probably a good idea. On rare occasions, it helps, and calling once or twice is not that time consuming. It is also possible to write a letter. Another option, which is more effective, is to go to the court and ask the receptionist about the status of the case. If the lawyer is in court for something else, maybe he can do that. You can also go to the court and ask about the case status (I would tell the lawyer you plan to do that). Bring a copy of the motion with you to show the receptionist. If you cannot go, and if the lawyer is ok with it, you can call the judge’s clerk yourself – you can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason,
I have a question that relates to traveling.
After being issued a green card (based on an asylum application), is an RTD still needed to enter the country? Assuming that the person is still using their home-country passport which is valid for traveling. Will having a green card be sufficient to enter the US? Or no?
Thanks.
The RTD is not needed to enter if you have a GC. However, for former asylees and refugees, it is better to have an RTD than to use the home country passport, since using the passport may raise questions about the validity of the initial asylum case (I believe this is a very rare problem, but it is possible that it will cause problems). Take care, Jason
Hi Jason,
When an asylum is granted by an immigration judge, and a year after that grant, you apply for a green card, what is the time frame within which a problem ( if there is any ) pops up ? and you are notified within a few weeks that there is an issue ?
In other words, if from the time of submitting the green card application, today, 24 months have passed, does this indicate that the case is approved and we only have to wait for the green cards to processed in their due timeframe ?
Thanks you.
I think there is no way to know – once you actually get the GC, you will know. Typically, it is very rare for their to be a problem with the adjustment of status for people who have asylum. It is not impossible, but usually it works just fine (though it is often very slow). Take care, Jason
Hi Jason.
I have a dilemma, and I hope you could give me answers.
I applied for asylum back in 2015, and I got my interview in 2016. Received the decision a year after and it was referred to a judge in Chicago. I after transfered my case to Phoenix because of work relocation. Now it is taking forever to get an interview, now with Covid they keep rescheduling it. Now in 2020 I got married, the women i fell in love with happened to be an asylum seeker also, and she did apply back in 2016. We got married in 2020, and she had her case waiting for an initial interview at the Chicago office, her lawyer asked her if she would want to add me in her case. She accepted to add me. Little bit later she had her interview in June 2021, and her decision came in september 13. She was granted asylum. But they sent another letter of denial derivative status. Here is what it says:
” Your Spouse is currently under the jurisdiction of the immigration court and is therefore ineligible to derive asylum status through you. Please direct any questions concerning this matter to the Immigration court having jurisdiction in your dependant’s case.”
I thought as long as you are married to someone before the interview, you both should get approved. Can you please help me with this? What should me my next step? does this mean It’s over with her, I cannot get it from her anymore?
I think you cannot get asylum as a derivative since you are in Immigration Court. However, she can file a form I-730 for you, which is another way to get derivative status. While that case is pending, you can put your court case on hold. At some point, you will need to request that either (1) the court case is dismissed so you can get status as an I-730 derivative or (2) have the judge give you asylum based on the I-730. Alternatively, you can try to dismiss the court case now and see whether there is any way to get the asylum office to give you derivative status once the court case is dismissed. I am not sure about which options would be best, but maybe you can talk to your lawyer to decide how to proceed. In any case, as long as she files the I-730 and you have no bars to asylum (such as crimes or other issues), you should be able to (eventually) get your status based on her case, so even though it may be bureaucratically annoying, you should eventually get your status. Take care, Jason
Thank you Jason for this quick reponse.
So her lawyer or mine should have known that if I’m at the Immigration court, i wouldn’t qualify for derivative asylum.
When can she file The I-730, and how long this process would take? I’m just scared of letting go of my case, and be denied with her, and just be staying here forever without my freedom and chance to one day be a citizen.
I am not sure whether they should have known that, as it seems to me that you can ask the court to terminate your case and maybe you can still benefit as a derivative without filing the I-730. My guess is that that will not work, but it may be worth looking into. If not, she can file the I-730 immediately (and it must be filed within two years of her receiving asylum). Based on the pending I-730, you may be able to terminate your court case so USCIS can adjudicate the I-730, or maybe your immigration judge can adjudicate the I-730 and give you asylum. If you terminate the court case, your asylum case will end, and so you want to check with the lawyer about whether there is any issue for you to obtain status based on your wife’s I-730. Take care, Jason
Hi jason
So if I’m an asylum seeker,in the court now and I do qualify for green card through the new proposed law
Do I have to terminate my court in order to be able to apply for green card through this future amnesty? Or I can apply straight regardless, can you please explain to me
Any future amnesty is far from certain. If it happens, we will learn about who is eligible and what the procedure is, but for now, we have to do our best based on the current law, and so that would meaning preparing for your upcoming court case. Take care, Jason
Hi Jason,
My I.hearing date is left one month.However,after submting the case to Arlington I court,the hearing date no longer exist on the web.It says no future hearing date
Are they going to reschedule it? how long it take reschedule? Do you think they push the date far? it is already in court for 5 years and have been rescheduled 4 times before. anohther reschdule is very frustrating.
It is pretty common for cases to get rescheduled. Sometimes, there are long delays; other times, there are not. You can call the court and try to talk to the judge’s clerk – it is usually not easy to reach anyone, but you can try. You can find the number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason, so i got my asylum approved on 30th August, that’s when I started a new job too. My employer sponsors for the Green Card too. As through the Asylum process, it will take more than a year, is there anyway that i involve my employer to speed up the process to get the Green Card?
Either you can wait a year to apply for the GC based on asylum or your employer can sponsor you for a GC, which may (or may not) be faster. You would have to talk to a lawyer about the pros and cons, but the employment-based system is pretty expensive and also give the employer a fair bit of power of you, and so you will need to look at the options and decide what is best for you. Take care, Jason
Hello Jason,
I am always grateful for your help for immigrants like us. Your blog, constant replies have helped a lot. I was granted asylums last year Oct from court. I am about to apply for permanent green card next month. What are the major documents should i need to submit. Do i need to submit any medical documents, birth certificates of my country of origin.
Thank you.
It varies by case and so you have to talk to a lawyer or look at the I-485 instructions. We normally include a birth certificate, passport, asylum approval, passport style photos, and the fee. Other documents may be needed depending on the case – talk to a lawyer if you are not sure. The medical exam, form I-693, can be submitted when you file the I-485, but we usually submit it when USCIS requests it, as it sometimes expires if you submit it with the I-485 (check the I-693 instructions for more info about that). Take care, Jason
Dear Jason
I have a tps and I’m currently in court awaiting my hearing, my question is ? If any thing would get to pass that would include tps holders,I can still apply?even though I’m in court?I’m talking about the budget reconciliation…. thanks a million
We’ll have to see what the final bill (if any) looks like, but if TPS people are eligible, and if you have no criminal or other issues that block you, maybe you would be eligible too. The fact that you have a case in court would not normally block you from obtaining relief from USCIS, assuming you are eligible. Take care, Jason
Thanks Jason, no criminal. My court is based on asylum referred to court (individual hearing)
Hi Jason, we have applied for an AP for June 2022. We are also expecting a baby in May 2022. If they grant an AP. Can we take our new Comer with us? Or we need to do any extra process for it? If we have to, what it be?
If the baby is born here, the child will be a US citizen (unless maybe you are a diplomat), and so the child could get a US passport and travel with you that way. Take care, Jason
Yes Jason, child born here. So we no need to apply for visa(for our to go country)for that child and we can take that child with us on our AP. Right?
If you have AP + a valid travel document (like your passport), you can travel and you can take your child with you – the child will use a US passport. Take care, Jason
Hi Jason,
My asylum case is in the court. In the meantime, i am planning on filing for greencard through EB-3 visa process. Is it possible to file EB-3 while the asylum case is in the court?
Generally that is not possible, and so you should talk to a lawyer and have the lawyer map out exactly how it will work – I would get that in writing from the lawyer too, in order to protect yourself. I wrote something about this on August 28, 2018 – maybe that would be a starting point, but you need to talk to a lawyer. Take care, Jason
Hello Jason
I am an F-1 student but my status was terminated recently, so right now I don’t have legal proof of residence. I have a girlfriend whom I’m planning to marry. She has a green card and she’s been here in US for 6 years. My question is if we get married with her and after that if she’s gonna file for citizenship and mention me as her husband, can I get gc through her? If yes how long does it take and can I expect getting EAD card during this period?
In general, if a person entered the US lawfully and is married to a US citizen, they can get a GC based on the marriage, but it depends on the case. Talk to a lawyer to be sure, but if you are eligible and apply, typically it takes 4 to 6 months to get the EAD while you wait for the GC. Take care, Jason
Hi, my name is Tesfaye from Ethiopia living in Maryland. First of all, I would like to thank you for all your support and help that you are giving to all of us. I arrived USA on June 2015 as in non immigrant visa and later on I summited asylum case on August, 2015 before my non immigrant visa (B2) expiration( that was on December 2015). Now my wife won DV lottery on 2017 and she came to USA on May 2017. Then I applied for adjustment of status based on Derivative beneficiary category (I-485 dv category) got denied because of the maximum number was reached to accept a new case in that categories. when I filled after she came to USA on September 2017. Later on I filled I-130 (family preference ) got approved on March 2020 and again I summited my I -485 preference- based immigrant (F2A category), I got denied on March 2021 because of I was out of lawful status at the time I filled I485. I don’t know what to do? I did take legal advice one of the best lawyer and told me I will get with out any further questions . But now uscis are denying my case based on my non immigrant status. My question to you is how is that possible to say I am unlawful status while I am asylum pending plus I got I-130 approval. My asylum case is still pending since 2015 sir? Thank you sir waiting for your respond? What do you recommend me to do?
You are not eligible to adjust status based on your wife because you have no lawful status here, and only people with lawful status can adjust status in the US without leaving the country. A pending asylum case does not count as “status” for this purpose. The solution is to wait until your wife is a US citizen. As opposed to the spouse of a GC-holder, the spouse of a US citizen can adjust status in the US, even if they are out of status. You should still be able to use the approved I-130 for this purpose. I wrote about these issues on August 6 and 28, 2018. Take care, Jason
Someone in this group said he did counselor processing in 3rd country and departed USA with Advance parole just incase. Was able to get his green card that way
It is tricky to coordinate all that, but it is possible, and if it works, a person may be able to get a GC that way. You would have to talk to a lawyer about the specific case to see whether that might work. Take care, Jason
Someone in this group said upon approval of employment based GC petition he did counselor processing in 3rd country and departed USA with Advance parole just incase.
Was able to get the green card this way.
I did that. However as I mentioned before it is almost impossible to find 3rd country. Consular processing will take at least 2 years to take intervie. So looks like it is better to wait for your wife to become citizenship. Then you can get GC in US.
Hi Jason ,
In my earlier comment I mentioned that I filed for Ombudsman case assistance and last week they contacted with USCIS and this week I received another up date from Ombudsman that “ Dear Sir or Madam,
Thank you for your request for case assistance. In response to our inquiry, U.S. Citizenship and Immigration Services (USCIS) indicated that your case is under active review. However, USCIS was unable to provide a specific timeframe for resolution of the case. Our office will continue to monitor USCIS’ progress on a regular basis until there is a specific action or resolution. We will notify you when we receive an update from USCIS.
Please be advised that USCIS is the responsible party for moving cases forward, and the CIS Ombudsman’s Office has no role in the adjudication process.”
I ask you that Can I file now Mandamus Or do I need to wait? “
Thank you .
This answer is pretty useless. I think you could file a mandamus now, but if you are using a lawyer, the lawyer can give you more specific advice. That said, it seems to me that you could file the mandamus. Take care, Jason
Hi Jason,
I requested expedition of my EAD renewal since the 180-days extension are almost over but my expedition request was denied. The reason it was denied -according to the USCIS representative- is that my biometrics have not been taken yet (although I did a couple of years ago), and that I have to wait until I get a biometrics appointment.
Trying to get an appointment faster, I have already sent letters explaining my circumstances to both the USCIS field office in my city, and the Nebraska center where my EAD is being processed. Which office is in charge? as my employer will send them a letter too explaining the urgent need for my EAD. I know it may or may not work but it’s a trial. Please advise on which office exactly is in charge, is it the Nebraska Service Center, Field office in my city, or Ombudsman?
Thank you so much!
I normally send letters to the last address that sent me a notice, but you can send the same letter to both places if you want (maybe note in the letter that you are doing that). The Ombudsman is a separate office and does not process cases. They can sometimes help with delay, and so if you wanted to, you can do a case inquiry with them (there is a link under Resources called USCIS Ombudsman). However, they are not fast and so will not help in the short term. Nevertheless, if the wait has been very long, you might start an inquiry with them in addition to trying to expedite with USCIS. Take care, Jason
Thank you so much!
I had an approved i-130 petition and was sponsored by my mother. When I was less than 20 years old the petition was filed now I am 21 years and 4 months old. I got to US through evacuation flights and received a 2 year parol at the airport. I want to know what is the right path to get my green card and process my immigrant petition.
I have a feeling that you will need to find some other way than the approved I-130, as you have “aged out” and would generally not be eligible to adjust status. Talk to a lawyer to be sure, as I am not 100% sure about that. Also, maybe if the I-130 petition becomes current while your parole is valid, you can adjust, but I do not know. One alternative is to apply for asylum, but before you do that, talk to a lawyer to check your options, as it would be easier to get the GC based on the I-130 if that is possible. Take care, Jason
My spouse was waiting for her consular interview at Kabul. But she managed to get into US through evacuation flights. She has received a paroled stamp which is valid for 2 years at the airport. Now I want don’t know how to process her case from here. She has a I-130 approved case and I paid all nvc fees and she was waiting for her interview at US embassy kabul. Thanks, appreciated
I think either she will need to file the I-485 application for a GC based on the I-130 (assuming she is eligible) or file for asylum. It is probably worthwhile to talk to a lawyer to determine the best path, but if you are a US citizen, she can probably just file for her GC using form I-485. Unfortunately, you will lose the money you spent for consular processing, but maybe you are eligible for a fee waiver for the I-485 – use form I-912 for that, available at http://www.uscis.gov. Take care, Jason
Dear Jason,
Hopefully by the grace of Almighty, you and your family will be fine and healthy.
I have a question regarding the rights and duties of pending asylee, because I had a problem on my job place, I am working in a 7-Eleven and shift is overnight shift, two nights ago, a guy came in approximately at 2.30 am in the store, I was cleaning the floor and as soon he entered , he smashed some stuff on the ground, a lady just entered after him and we both asked him why did he do that, he approached me and threatened me that he will hit me, I think he was under some drugs influence, he confronted me three times while I was trying to get entered behind the desk, he provoked me by throwing smoke on my face because he started smoking as well in the store and I tried to tell him not to smoke, he approached me again and throw smoke on my face. I have registered a complaint against him and I have the case number with me. Can I press charge him for harassing me and will it be beneficial in my asylum case. I have surveillance footage and all evidence with me. Your kind advice will be highly appreciated.
To Asad.
I am sorry to hear that. God bless. However I don’t see anything related with asylum . So there will be no benefit for your asylum case . Asylum interview will be for just before entering the USA. All other issues need to be solved with US local enforcement.
I filed for asylum May 2017 when I was still in Status and I am still awaiting interview My company wants to file for EB3 but I a currently out of status, A law firm me, Since, I filed my affirmative asylum case while I was still in status and I am waiting for an interview, I still qualify for the EB3 process. I have a lot of doubts as to how far that is possible and is there any possibility in this?
I wrote about that on August 28, 2018. I do not know whether it is possible, but at the minimum, talk to a lawyer and have the lawyer map out in writing how you will get from where you are now to having a GC. That way, at least you will have it in writing and will make it less likely that you will get ripped off. Also, it will be good for you to know exactly what is the plan. Take care, Jason
I think you should pursue charges against him if you think that is appropriate (and it sounds very appropriate to me). I do not see how that would affect your asylum case in any way. Some crime victims are eligible for a U visa, but that seems very unlikely here, where you were not harmed. If you think you might qualify, talk to a lawyer who does such visas (I do not), but based on your description, I think it is very unlikely you can get a U visa. Take care, Jason
Thanx for the replies guys, highly appreciated
Hello Jason, I lost a copy of my Refugee Travel Document among other documents. I am super terrified. Although it is just a copy, it is a copy of the information page. It has my photo, my full name, date of birth, Alien number, nationality, travel document number, and signature. I am afraid that someone might use such a copy to impersonate me in the U.S or overseas. Like use it to open bank accounts or get credit cards. Also, if someone uses it to communicate something to USCIS pretending to be me. After all, it has my Alien number and all my personal info. I know that the chances are very low but you never know.
It does not have your SS number, and so I think there is not a lot that can be done. But I believe there are ways to get an agency to monitor your credit report to see if anything is being done in your name. Maybe take a look at some credit reporting agencies on the internet and see whether they might be able to make an alert for your name or something like that. I don’t know much about this, but that is where I would start. Take care, Jason
Hi Jason, I have a pending asylum case. Not interviewed yet. I’d there any way that I can apply for Canada p.r through u.s.a? On asylum basis as a third country asylum?
I do not know – you would have to talk to a lawyer in Canada who can advise you. The same for other possible countries of resettlement. Take care, Jason
Jason, how long does Nebraska office currently takes to process I-485 applications based on approved asylum? The website gives a vague estimate. I learned that Nebraska is currently processing applications submitted in 2018. Not sure what would be the approximate processing time?
Thank you.
The USCIS website is the best estimate. We see most cases take maybe 1.5 or 2 years, but I think most of our cases are processed at the TSC. Take care, Jason
A friend recently applied for asylum and had his interview, waiting on pending decision. However he mentioned he has a gun for home defense. As an Asylum seeker waiting to get asylum decision does he qualify to own a gun in the United States ?
I am not sure, but I think he may not. There are some laws about that, but I have not looked into it for years, so I do not know for sure. Take care, Jason
Hi Jason ,
I wrote you before that my asylum case is pending with New York Asylum office since 2013 for decision.I requested to ombudsman case assistance and I have received an email today from Ombudsman-
Dear Sir or Madam,
The CIS Ombudsman’s Office has reviewed your request for case assistance and contacted U.S. Citizenship and Immigration Services (USCIS) regarding your application/petition.
We will notify you when we receive information from USCIS.”
I want to know now approximately how many days USCIS will take to respone.
Thank you
Lokman
Hello Lokman:
I am waiting for a decision for more than 3.5 years, and getting the same reply from Ombudsman’s office every two to three months. I hope they will be able to do more than that.
Thanks
Thank you for your kind information. This information is helpful .
Hopefully in less than 60 days, but it really is unpredictable. At this late date, you might also consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason, whats the diff between CIS Ombudsman’s Office Vs mandamus lawsuit?
I did a post on June 2, 2021 where I discuss both. The ombudsman is just a normal inquiry with USCIS (it is free and easy to do). The mandamus requires you to file a lawsuit against the government, where normally you would want a lawyer to help you. Take care, Jason
Hello Jason,
First thank you so much for all your help to us.
I have a pending asylum case since 2017, out of status, entered legally. My husband has filed his i-485 through employment base. As I am out of status, we couldn’t add my name as his derivative to i-485. Is there anyway that I can get benefit from his case at this time? Or Should we wait for his green card to be approved and then filing i-130 and applying through US consulate outside? Any help would be greatly appreciated.
You may be able to apply at the consulate abroad based on his GC, but that is probably difficult. I wrote about that on September 6, 2018 (and another post on August 28, 2018 might be relevant and suggests some ways you might be able to get the GC without leaving – talk to a lawyer about that if you think you might be eligible). The safest alternative would be to wait until he is a US citizen and then he can file for you to get the GC, probably without leaving the US. But that is a very long time to wait. Take care, Jason
Hi Jason
I’m an Afghan with an affirmative pending asylum since 2017 February. I also have a pending special immigrant case filed since 2018 June. I’m just asking your opinion on what option do I have for gc? Considering the situation in afg
It sounds like you have those two options – asylum or SIV. You can try to expedite asylum (I wrote about that on March 30, 2017) and/or the SIV (I did a post that might help in January 2020). The Asylum Offices seemed to initially be receptive to expedite requests, but now I get the impression that it will not be easy to expedite Afghan cases. I am not sure yet, as everything keeps changing, but I suspect that they will continue to deny most expedite requests. Anyway, there is no harm in trying. Take care, Jason
Hello Jason,
I had asylum case and referred to the court,
I married US citizen and just got my 10 years green card 2 weeks ago.
My wife and I have marriage problems and she wants to file for divorce!
I am trying my best to keep this relation but she insists to file for divorce.
What is my situation now, especially I just got my GC two weeks ago!!! Will this make my case suspicious for USCIS?
Thank you
Once you have the 10 year GC, there is no effect if you get divorced (except that you have to wait the full five years – instead of 3 years – to file for citizenship). However, I guess it is possible that USCIS will be suspicious of the marriage. When/if you file for citizenship, you have to give them a copy of the divorce documents, and so they will know about the divorce. Keep all the evidence of your marriage, so you have that if you ever need to prove that the marriage was true. Most likely, that will not be necessary, but it is better to keep the evidence in case you need it. Take care, Jason
Hello jason
I applied for asylum back in 2015 and i was interviewed but never got a decision then in 2020 I married a US citizen and got my green card through my wife and then withdrew my asylum case hmm the thing now i have my GC but I don’t have passport cause my COP doesn’t wanna get me one but I can’t apply for RTD cause my gc was through marriage do how can i travel abroad without passport? What’s the solution for my case?
The solution was probably to do the asylum case even if you got the GC, and in that way, if you won, you would be eligible for an RTD. However, in practical terms, it probably would not have worked, as the asylum offices have (I think) stopped interviewing people who already have a GC. It was possible to do this in the past, and maybe it still is, but I suspect it is not possible. In any event, you withdrew the asylum case, and so at this point, you probably just have to wait for a US passport. Alternative, as a GC holder, you can apply for a re-entry permit (form I-131, available at http://www.uscis.gov), which looks like a passport. It is meant to re-enter the US and not to be used instead of a passport, but maybe some countries would accept it like a passport. I do not know about that, but maybe you can reach out to that country’s embassy to ask. Take care, Jason
Hello Jason, I am an asylee with pending Adjustment of Status (I-485) application. I received my refugee travel document (Form I-571) recently and it is still valid till last year. I also got the required visas to travel. My only fear is COVID restrictions. I asked multiple airlines about travel with this document and they have no idea. They government issued a list of exemptions regarding COIVD restrictions but said nothing about the Holders of this document. My plan is to go to countries that are not under U.S COVID restrictions but I am still worried especially after airlines could not provide me with any info about this document. Could you please share what you know from your clients. I just do not wanna be stranded in a third country not being able to come back to the U.S. It is a nightmare and travel is important to me, I have not seen my mother in 7 years and I have no clue when my green card application will be adjudicated.
As long as the RTD is valid, you can return to the US. I suspect that if you get stuck due to Covid, you can go to the US embassy and they will help you, but I have not dealt with that. If you have only a little time left on the RTD, maybe you want to file to get a new RTD before you travel, but if you have 4 or 5 months or more, you should be fine – even if there is a Covid delay, I have not heard about any of those being more than a couple weeks. Take care, Jason
Hi, I am an asylee and have Pending I-485 form as well. I would like to share my experience with you since I just came back from Italy. I went to Italy May 13th with my husband we had a religious wedding with our families. Stayed 3 months because there is travel ban between Europe and US. (PP 10143) I decided to go to Mexico but ticket were very expensive. I went to Punta Cana stayed there 14 days in a hotel. In our way back, airlines does not know what was RTD. (I came back last year in a same way from Mexico as well i had experience) I have explained them then they called their managers then they called CBP and figured out. It took them to figure out almost 2 hours. They boarded me! It was very challenging and it made me very nervous. Once I took the flight I felt safe. At the end I landed Newark from Punta Cana with my PCR test. CBP officer did not know what is RTD too. They could not put me on the system then they sent me in the room I was afraid because I thought they would questioned me. I was confident because I was coming from my husbands country not from my home country. I have had my answers ready. I took a big risk and came back US 3 days before my RTD expires. But God is good. Since I came back i have sent back my old RTD and applied new one until my I-485 process. Who knows when I will be receiving the next one. Be honest, carrying RTD in a 3rd country makes you feel like stateless. That’s How I felt. Because no one knows what is this paper work and makes you feel like you are stateless! Until I receive my green card I would not feel like I have still rights. I feel safe now because I am in. I have applied 2015, got my interview 2020. Applied I-485 2021 April , it has been 6 months. I don’t think it’s fair but it’s what it is..
I want to thanks Jason also for everything. Whenever I ask question he always answered me through this blog.
Let’s pray everything goes well and we can spend more time with our loved ones and being recognized between these countries.
It will be easier once you have the GC, as that is more common and so more officers know what it is (of course, they should also know about the RTD, since it is not that uncommon). Take case, Jason
Btw, when I was leaving US I checked in JFK with airlines they checked me in with my passport. then I left the security with my RTD. I landed Rome I have used my Passport again with my Schengen visa . On my way back to US I checked in with airlines with my RTD not the Passport . (Because on your way, Airlines call CBP and send your document) My airlines told me that they needed to put this RTD Manuel then they were able to give my ticket. Once I landed Newark I have showed my RTD and Valid EAD card.
It was very confused but I wanted to do everything right.
Hi Jason,
I have pending asylum case. (Not interviewed). If i marry a US citizen girl, can I apply for a g.c? And if yes, how much time it take to got my g.c?
Assuming you entered the US legally and are otherwise eligible, you can do that. It probably take 1.5 to 2 years, but it could be longer (or maybe shorter if you are lucky). I wrote more about this on August 6, 2018. Take care, Jason
Hi Jason,
Thank you so much for helping all of us.. I am an afghan who sought asylum in 2017. Now our case is in court for hearing. Seeing the current scenario of Afghanistan and Taliban, what will be the outcome of our case as I myself sought asylum due to fear of getting killed by Taliban?
Do you think the immigration court ease the result ?
Thanks and regards
I suspect that the disaster in Afghanistan will make it easier to win your court case. There is no guarantee, however, as it depends on the case and I think you still need to present your story and evidence. That said, it seems hard to believe that the US would deport anyone to Afghanistan for the foreseeable future. Take care, Jason