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
Hello Jason,
Thank you for all you do.I have a question how long does the immigration court takes to send the decision on the mail after the IJ grants relief on an asylum case.
Thank you.
Usually not long at all – a few days. If you do not receive it in a week or so, maybe call the court. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason I think you are doing well .Thank for everything you do here for us .
I asked my attorney to expedite my individual hearing in the court because of my wife situation he said we don’t need it anymore so they are installing the webex system in our court room for interview and they will finish on January of February and the system will send us interview date automatically.it is 8 month now I submitted the written pleading and.what can i do for that ?do I need to wait like he said ?i had my interview on September 2019 and after 6 month they referred me to court and ask after one year to do written pleading because of COVID .
I do not know about them making any changes in the system that will speed things up dramatically. There are over 1.4 million cases in court, and so I have my doubts that they can get through them quickly. The lawyer may be correct, but I have not heard about that. As far as I know, to expedite a case, you have to file a motion with the court – I wrote about that on April 20, 2017. Take care, Jason
My lawyer said because our court room building was in renovation since 2018 they will finish everything before January but every hearing is by webcam and the judges are in Memphis so that is why they will use webex system to do every interview.I have hope to get my interview soon and get approved too
Hi Jason,
I requested for expedite my asylum application due to my wife health condition and now I have an interview but my wife is in the hospital. I am the main applicant. Can I go to the interview without my wife and how can I do that.!
Please advise me.
William
You can, but they would normally expect her to be there if she is a dependent on the case. You should bring some evidence (like a letter from her doctor or a hospital record) to show that she is in the hospital and cannot attend. I wish her a fast recovery and good luck with your interview. Take care, Jason
Hi William, congrats on getting your case expedited. I have a similar issue as yours and I’m wondering if you can help me go about the expedition request. You can email me at atem97@ymail.com or send me a DM on Instagram @vaesaly.
Hi Jason,
I have a question about the green card process. Many of us have waited for years to be interviewed for their asylum cases and followed by long time of waiting for the decision and then finally if we get approved and applied for green card and we have to wait for average 2-4 years to get the green card.
There is a rule called “Rollback” which rollbacks to count years toward the required 5 years to apply for citizenship. In case of refugees, they rollback to the date they entered the United States as refugees. But for the asylee, the USCIS only rollbacks one year before that date of the green card approval. This rule is very unfair for the asylee who have been waiting for many years to get their green card.
Is there any hope or a petition that we can file to have the USCIS applies the same rollback rule for the asylee to count the years towards the citizenship starting from the date of the asylum case approval?
Thank you
I think that would be fair, but I do not have much hope it will happen. I do not know if the 1-year rollback is part of the statute (meaning Congress needs to change it) or it is a regulation interpreting the statute (meaning the Administration can make the change without Congress). I think it is the former. If so, that would be very unlikely. If it is regulatory, hopefully the Biden Administration would consider it, as the GC delays are very long. One thing the Administration can change is the Trump era rule requiring interviews for all asylee adjustments – this is nonsensical and was done basically to harm asylees, and it has resulted in longer processing times. We are still waiting for the Biden Administration to reverse this rule. Take care, Jason
Jason, so asylees who got approved did not have to go thru the interview process before? I have also applied for adjustment of status about a year ago and my status still shows that fingerprints were applied.
Most asylees did not need a GC interview, but the Trump Administration changed that and wanted to require interviews for all asylees. That never quite happened, but more people were receiving interviews and the process dramatically slowed down. We are still waiting for the Biden Administration to reverse this nonsensical policy. Take care, Jason
Hi Jason,
My question is,when one is granted asylum in the immigration court,does one has to apply for a work authorization or it comes automatically.
Thank you for all you do.
You have to apply. Follow the post order instructions for immigration court: https://www.uscis.gov/sites/default/files/document/guides/PostOrderInstructions.pdf. Take care, Jason
Hello Jason, In countries like Sweden, the Netherlands, France and even in Canada, when someone is granted asylum, they automatically get a Permanent Resident Card. Indeed, in most westerns Countries, asylees get Permanent Resident Card automatically as a result of being granted asylum. therefore, asylee do not need to apply for a status after they were granted asylum.
Logically, it does make more sense to grant asylees a Permanent Resident Card instead of making them apply again. As you know, in the U.S, it is different. Why do things work like that in the U.S? Has this always been the case? I wonder if USCIS ever looked at other systems and tried to learn something? I mean why after the whole asylum process, which is lengthy and complicated, asylees need to go through it again when they adjust their status? It is more work for everyone. Even USCIS would need to work more. Like do you know why they have such a system and what is their rational?
Hi,
I am not Jason, but I think every country has their own rules. Also, I think being granted asylum does not mean you have to become Permanent Resident, you have to chose or decide to become one. Some people only need to be accepted legally in the US where they will feel safe until maybe when the situation gets better in their own country for them to go back. Being granted asylum means that the country authorize you to say legally and not worrying about going back to your own country and possibly killed by those you fear. Now if you want to become PR that is your choice and you can apply for that.
As long as I’ve been doing these cases, this is how it has worked. It is pretty dumb, and I have written before about automatic GCs for asylees. I do not see a change coming anytime soon to the law, but I do think USCIS could make an administrative change to simply issue GCs for asylees after they pass the one year and assuming they meet the physical presence requirements. I would not hold my breathe for such a change, as there are many many things that need fixing, but at least USCIS should make the process faster. I know some people who have commented here have been working to get that change. Take care, Jason
Hi Jason,
I applied for my asylum based I-485 in December 2020, which got a receipt number in March 2021 along with an I-131. The most recent status update happened 7 months ago, which said that my biometrics were applied to the case. However, neither the I-131 nor the I-485 have had a response yet. Is this normal? The case is at the National benefits center. Will they ask me to come for an interview or will they approve the GC directly from there? Thank you for helping people the way that you do.
Best,
Elahi
Unfortunately, it is normal, and we are seeing long delays for asylee-based adjustments. If you have a reason to expedite, maybe you can try that – I wrote about that issue in January 2020, but for most people, you just have to wait. For the I-131, you might check the processing time at http://www.uscis.gov as it seems too long. Maybe you can try to call USCIS about that (800-375-5283) or open a case with the USCIS Ombudsman – a link is under Resources. Take care, Jason
Dear jason
Thank you again and again for what you do for asylee. I have question i have many friends they are asylee they got the Green Card without interview , and also i knew there is some called for Green Card interview, what is the different???? What question you will be asked in Green Card Interview is it same as an asylum interview?
The Trump Administration changed the rules on this and tried to require interviews for all GC applicants. That did not happen, but many asylees are now interviewed. GC interviews are much shorter than asylum interviews – they basically go over the I-485 form, including the yes/no questions on that form. You should review your asylum case beforehand in case they ask about that, but if they do, it is usually only a question or two (nevertheless, they could ask more questions, but usually, they do not. Take care, Jason
hi Jason
After being called for an green card interview based on asylum almost a year ago there hasn’t been any update or decision on a case. Is this common? What could be the reason for this? What is the best thing to do?
I think it is not terribly common – normally after the interview, there is a decision relatively soon. So it may be that there is an issue with the case. We had one case where the person had an outstanding criminal case in his home country and that caused delay (and a request for evidence). On the other hand, it could also be nothing given what a mess USCIS is. You can try calling – 800-898-7180. That can be difficult. You might also try the link under Resources called USCIS Help. If those fail, you can also try the USCIS Ombudsman, which sometimes helps with delayed cases. Take care, Jason
Hey Jason,
Please how can I apply for a refugee travel document, how long it takes to receive it, and how long I can stay outside the US?
Thanks a lot!
To apply for an RTD, you must have asylum. If so, use form I-131, available at http://www.uscis.gov. This form does many different things, and so you have to be careful and fill the parts required for the RTD. Wait times seem to be getting slower – maybe it takes 5 to 7 months or a bit longer. Take care, Jason
Hi Jason
After submitting a case inquire regarding my i 485 based on asylum which has been transferred to a local office for an interview. Will the office respond through the mail or send me an email?
Thanks
Sometimes, we get letters in response to inquiries. Maybe we also get emails, but I do not recall any at the moment. We do not do many inquiries, as they are fairly useless, and so I do not have any examples in mind at the moment. I do know that for us, at least, the most common response is no response at all. Take care, Jason
Hi Jason,
1) You said that if you get a green card through marriage with a US Citizen while your asylum cases has been pending for many years, all you have to do is to send an email to the office where you filed for asylum to ask them to close your case (which is what I am about to do). But someone just told me that once you get a green card while your asylum case is pending, your pending case automatically get closed especially since on the green card they will use the same A# you got when you filed for asylum. Is this true? I doubt about it.
2) Also, I want to know what happened when you have a green card through marriage but you have a renewal EAD processing for asylum? Do you have to call USCIS to stop processing that EAD?
Thanks a lot.
To Serge.
I had exactly same case. I had to sent email to close my asylum case. Also my pending EAD and AP got denial due to status change. I still use same A number which is o my green card. Some unknown reason my son A number has changed. You don’t have to call UCSIS to stop Ead. They will deny your application with explanation. Just a reminder . They will keep all Asylum application record may be until citizenship or forever. Don’t go your home country unless there is big change about your asylum reason.
To JIM,
Thank you so much for your response, that was helpful. So I cannot go back to my home country huh? Even though my asylum claim was 6 years ago and was about the government of my home country that is not in power anymore, we got a new and better president now.
I did a post on January 6, 2016 that discusses this issue – maybe it would be helpful. Take care, Jason
To serge
If the president and political idea have changed, yes you’re good now. You can go but make sure and be ready for any questions regarding your claim. Good luck
1 – In my experience, you normally need to inform the asylum office about the GC and ask them to close the case. Sometimes, if they learn on their own about the GC, they send you a letter asking whether you want to close the case (or just informing you that the case will be closed unless you want to continue the asylum case). My thought is that it is better to close the case, but you can also wait to see what they do. 2 – The EAD is no longer relevant in that case, but whether or not USCIS will issue it anyway, I do not know. Possibly, they would deny it as irrelevant, but I am not sure. Take care, Jason
Hi Jason,
I have been interviewed for my asylum in Newark Field Asylum Office on June,2021 and until now I didn’t got a decision yet is that delay normal / good / bad indication Thank you for everything you doing on this Blogger.
I do not think the delays gives any indication of whether the case will be approved or denied, as such delays are very common. You can email the asylum office to inquire about the status of your decision – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason, who decides that Refugee Travel Documents are only valid for one year. Is it a law or a USCIS policy. I am just wondering because waiting for about six months to get a one year travel document is super frustrating. Planning travel is super difficult. I looked at other countries practices like Canada and they United Kingdom and the Refugee Travel Document they issue to their asylees is valid for 5 years. I wonder if multiple asylee go to court and ask for the period of this document to be reviewed.
I think it is just a policy. There was some movement (in 2008, I think) to change it to 10 years, but that never got anywhere. I am hoping that this is one change the new USCIS director will make, as the document is not so great with only one year of validity + if you want to renew while the current RTD is valid, you have to mail in the original document to get your new one, which also makes little sense. Take care, Jason
Hello Jason, Is there any particular reason that the marriage based green cards are processed faster than asylum based green cards?
If anything, you would think they would be slower since asylees have already been interviewed and vetted, so although I have no specific info about USCIS’s internal processes, it seems to me that there is a deliberate choice somewhere in the process – a choice to move more slowly on asylee adjustments. Maybe there are fewer resources devoted to such cases, or maybe (as I suspect) they are checking the applications more carefully and looking for fraud or other issues. If the latter is the case, it would explain why things have slowed down so much for such cases. The question, then, is why the Biden Administration has not reversed those changes. Hopefully, they will. They only recently got a new USCIS director and there are many priorities. Hopefully, they will address this one soon. Take care, Jason
Jason .Thanks for all help to asylum community.I encourage all guys to donate to this website of this unique attorney.As all of you know consulting an asylum attorney can cost you at least $50.You are encouraged to donate ,this guy is waste his valuable time to answer your difficult questions.Any other attorney wouldn’t do this.Guys don’t be greedy and cheap,Donate ,Donate ,Donate.
You mean donate to me? Thank you, but that is not necessary. You can buy my book though – all profits will go to charity. Here is the link: https://www.amazon.com/Asylumist-Asylum-United-States-Sanity/dp/1736479954/ref=tmm_pap_swatch_0?_encoding=UTF8&qid=&sr=. Thank you, Jason
Though the idea is good, the insults are uncalled for. A little too aggressive I’d say, Ahmed.
Hi Jason,
Thank you for being here for us. You are always my Go to person when it comes to immigration matters.
I have my case pending in removing proceedings. The question I Have is regarding my employment Authorization card. I work for a Distribution Center as a Supervisor, one of the prestigious company. I have been with them since 2017. They keep asking me about my EAD when it’s about to expire (Which is normal). Recently, I was involved in some hiring process, and I remember offering a Job to a DACA recipient, I know they also have a EAD card, just different category. Our HR department refused to extend the offer because they want ALL our employees to be permanently able to work in the US, and this was for a position I primarly got offered back in 2017 (Just as a Warehouse shop floor employee) That was surprising to me because I know I have the same Card just different category.
Now we have a new position that is open in the company, and I best qualify for it, it is basically my next step. I’m scared that they wouldn’t give me the position because I’m not permanently allowed to work in the US, the job description and qualifications clearly say that you should be permanently able to work in the US at the time of application, the position does not require any outside of US travel. Do they have the right to refuse me because of that?
I am not sure whether what they are doing is illegal. You might talk to an attorney with immigration/employment law experience. However, your EAD is renewable indefinitely, as long as you have your current status (I presume, asylum pending) – maybe you can convince them on this point. Also, nobody can be “permanently” able to work anywhere. At some point, we all have to ride the black camel, as it were. So maybe they should be a bit more flexible. Take care, Jason
Hi Jason uscis and after 5 years of waiting has been rescheduling my asylum interview on the sam day of the interview because they found that my children need to do fingerprint again and I have a couple of question pleas.
1- My children’s passports are expired now and I cant renew them is this will be a problem with the redo fingerprint appontment.
2- As it uscis fault did they will give me a close appointment or they will let me wait another 5 years.
3- I ask them on the interview day why only two children need to redo fingerprints and me and my wife and the other child did not need to redo the fingerprint but they didn’t answer my question.
Thanks
1 – No; they can use those as their IDs even though they are expired. If they have other IDs, like work permits, they should bring those as well. 2 – Normally, they reschedule pretty quickly for situations like this, but if there is nothing in a couple months, you should follow up by email. You can find their email if you follow the link under Resources called Asylum Office Locator. 3 – Any child age 14 or older should do fingerprints. Why this prevented them from doing the interview, I do not know. They should be able to do the interview and then schedule the children for fingerprints afterward. I do not see why it would make any difference. I guess it was a good excuse for them to push the interview off until later. Take care, Jason
Hi Jason,
I am trying to withdraw my 6 years pending asylum case from the Arlington, VA office because I just got my green card through marriage with my long time girlfriend. So to withdraw my case all I have to do is send them an email with the receipt I got from them as an attachment? Is there anything else I need to tell them or send them? Do I need to tell them the reason why I am withdrawing my case ?
Thanks.
Send them an email and they will probably send you a very short form to complete. You would email that back to them, signed, and with a copy of the GC (front and back). That should do the trick. If you need their email, follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
After the interview are there any pointers to see if you will be approved or not? Or you just have to anxiously wait for the decision. Thank you,
You have to anxiously wait for the decision. Hopefully, not for too long, but wait times are completely unpredictable. You can email them to inquire if the wait seems long. I do not think this really helps, but you can try. You can find their email if you follow the link under Resources called Asylum Office Locator. Good luck, Jason
Hi Jason. I have one question please. I have a pending asylum here in the United States. And my brother has a visa interview soon in my home country. So does my current status will affect to my brother’s interview? Does the people’s who work at the consulate can see I have a pending asylum in here while looking my brother’s application?
Thank you so much.
They may know about your pending case and it might make it more difficult for him to get a visa. It is difficult to know what they know, and whether it has an effect. In general, close relatives of an asylum applicant – spouse and children – seem to have a harder time getting a visa. There seems to be less of a problem for parents and siblings, but it is difficult to know. If he knows about your asylum case, he should be prepared to explain why he does not fear return to his country (if that is the case) and provide evidence. Whether he knows about your case or not, he should have evidence to show his attachment to the home country in order to demonstrate that he will return/leave the US at the end of his visit. Take care, Jason
Thank you so much.
Hi, Jason my question in the asylum interview, did they ask all family member like children and the spouse or just the father and ill be grateful if you gave details about the family interview procedure thanks.
I wrote about asylum interviews on September 8, 2016 – maybe that post would help. For interviews, they generally only ask the principal applicant about the asylum claim itself. Sometimes, they ask substantive questions of the spouse, and they almost never ask the children substantive questions. All family members–even young children–must ask the “bar” questions – Are you a criminal or terrorist? Do you want to harm the US? For young children, the parents are usually allowed to answer for the children, but I have seen interviews where 3 and 4 year olds were asked these questions. It can be entertaining, but it is clearly idiotic to ask such questions to small children. Take care, Jason
Hi Jason – Wondering if federal court order did anything to block the PD program? Can people still ask for PD?
Also, can you pls tell me if PD can be requested once one is denied for Asylum in court?
…Like file an appeal & then ask for PD?
Thanks!
As far as I know, PD is still available, and I have requested it in several cases where the person has other relief available (marriage to a US citizen with an approved I-130 petition). DHS has agreed in all cases but one, so I have found it to be effective for the most part. You can request it at any time, and you can request it more than once. However, if DHS has refused you, unless there is some new information or a policy change, there is probably no reason to ask them again. Take care, Jason
Hello Jason,My friend went already for her individual hearing one week ago and she hasn’t gotten the decision yet ,she checked the status of her case on automated case information and the only thing she found was this case is pending..
My question is how long does it take to receive a decision from the IJ?thank you Jason for all you do.
It depends on the judge and the case, so I cannot say. In most such instances, the judges do issue decisions pretty quickly – maybe a few weeks or a few months. If it takes longer than that, you can always call the judge’s clerk to inquire. You can find the number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason, it is unclear how the evacuated Afghans are being processed. As an immigrant, I am curious to know how and what kind of status those Afghans receive. It is clear that have been evacuated from Afghanistan by US army and many were processed in third countries around the worlds before they are eventually brought here. When they arrive to the U.S, they spend sometime in military basis and then they are paroled to leave the base. But what happens next and what kind of status they receive. Asylum? Green Card? TPS?
It is a good question – I wrote about it on October 14, 2021 – maybe check out that post for more info. Take care, Jason
Hello Jason, as you may know, USCIS processing times are only increasing. I was granted my asylum in 2019 and I applied for AOS about a year ago. I decided if they do not adjudicate my AOS case in 12 months, I will file a mandamus lawsuit. My fear is that if I file a mandamus lawsuit for delays, USCIS might go back and terminate my asylum. What if the lawsuit angers them and they go back to the asylum and try to find a reason to terminate it. My asylum case was strong and I have no criminal record. I entered the U.S legally on F1 visa. In general, I do not have things to fear. But USCIS has great discretion on cases and they can theoretically make an argument to terminate any asylum even if these arguments are false. My big fear is that instead of fighting for a delayed green card, I will go back to square one and start fighting for asylum again.
I doubt they would deny a GC in retaliation for filing a mandamus. Also, I think it is extremely unlikely that they would re-visit your asylum case to retaliate. Processing times are extremely slow, and there is very little to be done about that, at least by individuals. I think if you cannot keep waiting, mandamus may be the most effective option, since making inquiries and even the USCIS Ombudsman are rarely able to help move things faster. Take care, Jason
Hi Jason, I’m a green card holder based on asylum. I received my green card a few months ago. I am soon to marry my fiance who’s a US citizen. My question is after I get married, can I apply for green card through marriage? This way I might be able to get my citizenship faster and travel back to my home country. Is that a correct assumption? Thank you!
I do not think that will work, since you already have a GC. I am not sure, though, as I have not tried it. Also, whether you get your citizenship based on asylum or marriage, you still take some risk if you return home. I wrote about that on January 6, 2016. Take care, Jason
Hi, Jason, I get expedited to my asylum interview in 7 days and I don’t have a copy of form I-589 only the receipt or original birth certificate only I have a copy.
Is this fine or it will be a problim.
It is better to have a copy, but I do not know how you could get a copy in 7 days. Maybe if a lawyer or someone helped you, that person can give you a copy. Otherwise, you will have to do your best without it. Probably it is not such a big deal, but it is important to have a copy of the declaration if you submitted that, as you do not want to say anything inconsistent with your written statement (or the form), as that could cause the asylum office to conclude that you are not credible. Take care, Jason
Thank you for your response and what about my children we have only copy of birth certificates and marriage certificate also but we have our passport and USA visa original is this will be a problem.
Thanks
All that evidence is relevant. Normally, you are supposed to submit copies of such evidence in advance of the interview. You can also bring the originals with you to the interview and copies, if you have not already submitted copies. Take care, Jason
Hi Jason.
I am a permanent resident and my wife’s I-730 was approved recently. We live together here in the US. I have also submitted I-130 petition for my wife about a year ago. Can my wife petition for adjustment of status (I-485) while the I-130 is still pending. I understand that she can submit I-485 after a year from the date the I-730 was approved.
Thank you.
Probably not. Normally only a US citizen can petition for a spouse and have the spouse adjust status in the US. One exception is when the spouse is still in lawful status. So if she is in lawful status (including asylee status), she should be able to adjust and get a GC. If you are not sure, talk to a lawyer, as you do not want to waste money filing for a GC if she is not eligible. Take care, Jason
Dear Jason
I read your article in which u mentioned that Afghans asylums cases are prioritizing by uscis. I file my affirmative asylum case since 5 years. I legally entered USA. Should I request to uscis office for expediting my asylum interview? Do I have a good chance?
Things keep changing (possible as a result of the border crisis and the influx of 50,000+ Afghans, many of whom will file for asylum), and so we have not seen any expedite requests approved in the last month or so, except for one in New Orleans (that office has always been pretty good about expediting). That said, they are trying to prioritize Afghan cases – at least that is the latest they have told me – and so many it is worth a try to expedite. I wrote about expediting on March 30, 2017 – maybe that post would help. Take care, Jason
Hi Jason,
Quick question. I’m an asylee waiting on my LPR. If I was to travel back to my country with RTD would that affect my I-485 application? And also, if I was to renew my passport from my country, would that affect my status? What would be the repercussion?
These things could effect your ability to get a GC, depending on the case. I wrote about this on January 6, 2016 – maybe that post would help. Take care, Jason
Thank you for the response, Jason. I couldn’t find the article you said you wrote on January 16, 2016. Can you please provide me with the link here? And also one more question, if I get my green card, and renew my passport, then travel to my country, would that affect my citizenship application when I eventually apply in the future? How would this affect me?
If you look at the top left of the blog, there is a box called Archive where you can search posts by date. If you return to your country, it could affect your application – if could cause USCIS to think that your case was fake, and you may need to explain why you went back and how you stayed safe. I discuss that more in the article from January 2016. Take care, Jason
Hi Jason,
Does it happen that a judge after the individual hearing is over ask for a second individual hearing cuz he/she is unable to give a decision after the first one or not?
I guess that could happen, but normally, if something like that happens, it occurs because there is not enough time to complete the case and so another Individual Hearing date is needed to complete the testimony. It does sometimes also happen that the judge does not have time to issue a decision, and some judges make you come back to hear the oral decision. Other times, judges just make a decision in writing. The judge can do it either way. Take care, Jason
Hi Jason – I wanted to know that when one is done w/ interview and waiting to attend IMH:
1- Can he add more documents or evidences to his application?
2- Can he make additions to his affidavit?
3- how long currently its taking to get Asylum interview after sending the application in NY?
Thanks!
If you are in court, you can add documents and add to your affidavit up until the court-imposed deadline to submit evidence (usually 30 days before the case). If you are at the asylum office, you can make changes and add evidence up until their deadline (a week before the interview in most offices). However, if you make changes to information they already have, you will need to explain why you made those changes, and if there are inconsistencies, you need to explain those as well. In terms of the time, it is very unpredictable. Some people get fast interviews (3 tp 5 months), but most people wait months or years for an interview. Take care, Jason
So, in NY people are getting interviews after sending applications at least after 2 months or so?
I was asking so i don’t lose time while getting my evidences together to be added later to application
Under LIFO (last in, first out), the asylum offices try to interview new cases quickly. However, I think most new cases are not being interviewed due to limited resources and Covid. I have very few cases in NY, and so I do not know whether most of their new cases are being interviewed. That said, it is a good idea to get all your evidence together and be ready to go, in case you get a fast interview. Take care, Jason
Hello,
I have a quick question, I got my assylum case approved on March 25 2021, I will be able to apply for green card on March 26, 2022. My question is I want to travel on March 12 until April 12 2022 ( I have the US refugee Travel). If I sign everything the application for my greencard, can my lawyer send the application on my behalf on March 26 while I am on my vacation abroad. And does vacation days push the green card application?
You should not do that. You have to have 1 complete year of physical presence in the US. So if you leave for 2 weeks, you have to wait 1 year and 2 months. Based on what you write, you should probably return to the US, wait 2 weeks, and then file, so you have completed a full year of time inside the US. Also, for some applications, it is a problem if you file the application while you are outside the US. I think that is not the I-485, but I have not checked for sure. Take care, Jason
Hey,
My friend went for her individual hearing yesterday,the question is how long does it take to receive the decision from the immigration judge.
Thank you.
It is not predictable. Most judges give the decision on the same day, but sometimes, they do not. In that case, the wait could be days, weeks or months. If it seems too long, you can always call the court and try to talk to the judge’s clerk. You can find the phone number if you follow the link under Resources called Asylum Office Locator. Take care, Jason
My friend was referred to court and wondering if they could still use advance parole to travel outside. Would you know if this is still possible?
Thank you.
Unfortunately, if a person travels with AP once they are in court, they run a great risk of not returning. They will be considered to have deported themselves once they leave, and so they may not be able to get back here, or if they do, they risk being detained upon arrival. Take care, Jason
So, RTD can be used(safely) only until the interview?
Thanks!
You cannot get an RTD unless you win asylum, so I am not sure I understand the question. Take care, Jason
Hi Jason,
Thank you for your help.
My son who is a dependent in my pending asylum application is Canadian. At the time of my application he was a minor. Now as an adult he wants to go and pursue his education in Canada. My fear here is, if he leaves the US while our asylum application is pending, will he be able to come back for a visit to the US as any other Canadians? I understand he no longer will be considered as a dependent in my application The reason I am asking this is, I heard that anyone with pending asylum application (including dependents) can’t leave the country. I was thinking of AP, but I don’t think pursuing education is a good enough reason for AP request and also AP approval takes time.
I need your help please,
Thanks
I think if he is currently a dependent on your asylum application and he leaves the US, he will potentially have difficulty returning here, even as a Canadian citizen. He could potentially enter on certain types of visas that are not effected by an asylum case (H-1b, L), but he may not be able to enter simply with a Canadian passport. It will be difficult to remove him from your asylum case until the interview itself, and so the best bet would be AP. However, as you say, he may not have a good enough reason and that process is slow. Plus, the AP document will probably not be valid for a long enough time for him to complete his education. Maybe you can email the local asylum office to ask whether he can removed from your case as a dependent – you can find their email if you follow the link called Asylum Office Locator under Resources. I am not sure whether they can assist, but you can try. Otherwise, I expect him may have a hard time returning here for a visit, at least as long as your asylum case is pending (or maybe he wants to try for AP, but again, that seems like it won’t be a great fit for what he needs). Take care, Jason
Thank you so much for the helpful advise, Jason!!!
Be very blessed!!!
Hi Jason Thank you for you help
I had asylum interview 1year a go still know I haven’t received a decision my case is decision pending. I try to contact my senator office about my case uscis response to senator office records confirm that case will be prioritized for supervisory review. Once his case has been reviewed in its entirety, he will be notified via mail
You are encouraged to follow up on behalf of if he does not receive any correspondence from uscis within 90 days of this email.
1 My question to you I should expect a decision within 90 days?
Hi Jason
Thank you for you help, as you may know
I had asylum interview 1year ago. Still I haven’t received a decision on my case, decision is pending. I try to contact my senator office about my case. And the USCIS response to senator office records confirm that the case will be prioritized for supervisory review. And they replied once my case has been reviewed in its entirety, i will be notified via mail.
And i am encouraged to follow up on behalf of mysef if i don’t receive any correspondence from uscis within 90 days of the email.
Do think I will have a decision within 90 days if not what do you suggest me ?
Should I expect a decision within 90 days ?
Thank you
It sounds like you are doing what you can. I wrote about the various possibilities for trying to get a decision on June 2, 2021. If all else fails, you can try a mandamus lawsuit, but it is best to try other solutions first (it is also required to try other solutions – also known as “exhausting your remedies” – before you sue). Hopefully, you will get a decision in 90 days, but unfortunately, at least in my experience, making inquiries in various ways is not very effective. Maybe it will work, or maybe they will just reach a decision (which they eventually do in almost all cases), but in my experience, the inquiries do not make a lot of difference. Take care, Jason
Hello Jason, there is information being circulated that asylees who filed for AoS between May 2020 and June 2021, have their cases stuck at the National Benefit center without any processing. Based on the experience shared by many on immigration forum, no case was adjudicated within this time frame. Do you have any clients in the same boat and have you heard anything about this?
I don’t know, as I don’t have a huge number of adjustment cases and I do not track them that way, but I have not heard anything about this problem on any list serves. I am not saying that it is not happening, and I would not be surprised if it is happening. I just have not heard about it from any of my sources (which are presumably reliable). Take care, Jason
Hey jason
I applied for RTD and still waiting for it my concern is does is have to the word rentery to the US? I’m scared when i go europe they won’t let me catch the flight cause I don’t have GC yet or either visa so they might say this RTD nothing say you’re allowed to re enter usa!? Could it happen? I never heard that it happened with anyone before but I’m kinda scared
I never heard of that happening. It is pretty clear what the document is. I suppose you can find more about it online and print that out, so you will have it with you when you try to board the plane, but the document is self explanatory (it says “Refugee Travel Document” and it is issued by the US government). Take care, Jason
Hi Jason,
My husband had an interview for asylum in 2017. We got married in 2018. As far as we know, if my husband is granted asylum, I can receive derivative status. And later on get a Green card. So we are wondering if we can use this option.
Or maybe the better option would be to add me to his case. But we are afraid it might delay his case for another few years. Thank you!
If he wins and you were married at the time he is granted asylum, he can file an I-730 for you. Given that his case is stuck, you may want to try to add yourself to his pending case. Whether that will cause more delay, I do not know (I do know that it is a usually a huge effort to add a dependent to an existing case). Even if you do not add yourself as a dependent, you may want to submit the marriage certificate to the asylum office. That way, there will be a record of the marriage in the case already, which may make the I-730 process easier (though I am not sure about that). Alternatively, if you have your own case, maybe file that to see if you get a decision, and then you can “give” him derivative status. Also, you may want to talk to a lawyer to review the specifics and decide how best to proceed. Take care, Jason
Hi Jason I missed your answer please reply me agian my question I am a approve asylee my application approve 19 November 2020 i am directive applicant my wife is principal applicant i live in New York queens where I am sending my green card application means which address can you confirm me the address my thinking my application going to Chicago address for I-485 adjust the status thanks warm regards
I cannot provide specific advice like that, as I do not know your case. However, if you check the Direct Filing Addresses for form I-485, at http://www.uscis.gov, it should tell you where to file. Take care, Jason
This petition is for Asylees who been waiting for long time
https://www.change.org/p/the-white-h…ng-a5-category
Please sign this petition, hoping we get enough signatures to request support from the President
https://www.change.org/p/the-white-house-uscis-stop-ignoring-and-marginalizing-a5-category
Hi Janson,
How many months it takes for EAD renewal for pending asylum cases? My I-765 was received by USCIS on June3,2021 but it is still in process. My current EAD will expire October17,2021. I got a conditional offer letter for employer but they asked me if I can submit at a year long EAD within three weeks. How I can expedite EAD renewal process or any advice you may have? Thank you so much for unreserved advice and support.
Hi Jason,
Please is there a difference between:
1- Form I-131, Application for Travel Document
&
2- Re-entry permit application.
Thank you.
Form I-131 does different things – you can use it for Advance Parole (for people with a pending application), a Refugee Travel Document (people granted asylum or refugee status), Humanitarian Parole (people trying to get to the US), and a RE-Entry Permit (people with a Green Card). Depending on what you need, you complete the appropriate part of the form. Take care, Jason
In most cases, it takes 4 to 6 months. I guess you can try to expedite, but that is not likely to work in three weeks – I wrote about some ideas in January 2020. Also, the old EAD is automatically extended by 180 days (https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension), so you are eligible to work for another 180 after the expiration date on the EAD. Take care, Jason
Hi Jason Dzubow, how are you?
What happened after 180 day? I know that EAD is automatically extended by 180 days, if I won’t receive my renew in that period, What option do I have?
BR
Assuming your EAD is based on a pending asylum case, if the 180-day extension ends, you are no longer eligible to legally work. You can contact USCIS at 800-375-5283 and tell them that you have an emergency – maybe they can help. You can also try USCIS Help and the USCIS Ombudsman – links to those websites can be found under Resources. Take care, Jason
Hi Jason. So if my ead is extending automatically 180days. And my cdl is expiring soon so how can I show to the dmv that I can work legally for 180days and expedite my cdl for another 180days.
The EAD receipt should say it, but if not, I think this link should help:
https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension
Take care, Jason
My EAD renewal application was received on April 7, 2021 and have got the new ID on September 30, 2021. It took nearly 6 months. I wish all the best.
We need advocacy here, we need your support to our petition, please!
https://chng.it/S5PS4qzT
I made this petition to make sure that the granted asylees to the USA are treated equally by the USCIS when they try to become permanent residents. This issue affects around 100K of people who have their applications pending in the immigration system under A05 category, some of them are waiting for more than 4 years; we need change now!
Greeting Jason,
I am A05 status and with my pending I-485 application. I have got my EAD approved after 10 months delay; It was approved for only one more year. Is EAD approved for only one year this time and do I need EAD after this to work?
Thank you in advance for your continuous support
Hi @THE ASYLUMIST
I am still waiting for my A05 EAD card and it’s been pending for 6 months now. This is my 2nd A05 EAD and the first one was valid only for a year.
Hi@312,
Mine is the third one . The first was valid for one year, the second for two years and the third again back for one year.
Thank you,
1) please add your info here: https://docs.google.com/spreadsheets/d/11urVnrAZkLQFkYsYqtqBFekG2rgBygG5UEXE5RSHfWM/edit#gid=0
We using this info only internally Much Easy for us to track each other case
2) sign in the petition https://chng.it/S5PS4qzT
3) please share this group as much as you can: https://t.me/joinchat/k8Ecc-pxXdE3MTkx
Join us please,
1) please add your info here: https://docs.google.com/spreadsheets/d/11urVnrAZkLQFkYsYqtqBFekG2rgBygG5UEXE5RSHfWM/edit#gid=0
We using this info only internally Much Easy for us to track each other case
2) sign in the petition https://chng.it/S5PS4qzT
3) please share this group as much as you can: https://t.me/joinchat/k8Ecc-pxXdE3MTkx
I always forget how long the a-5 EAD is valid for, but I guess it is one year (I thought it might be two). Anyway, you do not need an EAD to work legally if you have asylum, but many employers (and DMVs) do not understand that, even though they should. Hopefully, you will get the GC before the EAD expires, as that will make life easier. Take care, Jason
Hello Jason,
I got my permeant GC from the court on July 30, i had an asylum case and got denied then got married US citizen and got my GC throw marriage from the court.
My relation between my wife and I not the best and she decided to file for divorce!
But she wants to put the separation date in MAY! So she can finish the divorce quick and apply for health insurance! But we went together to the Court in July 30!! And we said that we are together (which is the truth).
So do u think if she put the separation date is MAY, this would raise red flags for immigration and they would think we were not saying the truth on the Court?
I have seen this before, and if you list a separation date in May, when you claimed to be together in July, it will very likely cause major problems for you. Also, it is not true. For these reasons, you should probably not agree to put that in your documents. If there is a dispute that cannot be worked out, you may need to hire a lawyer to assist you – and protect you – during the divorce process. Take care, Jason
Thank you Jason,
My last question is: does not matter who file for divorce?
Like if My spouse file the divorce is the same if I file it?
From the immigration point of view?
I do not think that should matter. The bigger issue is the date of separation that you put on the divorce documents. Take care, Jason
Hey jason
I was granted asylum last August and i know the GC timeline is long for asylees so can I apply for DV lottery 2023? Cause if i win i can adjust status inside the US as I’m in legal status but the question also does the asylee considering stateless or what cause they ask for passport number and I don’t have any from my COP
You don’t need to play DVLOTTERY because as you are approved you are asylee and after one year you will get your GC .once you are approved for asylum you are like person who has green card .take care
Asylees are not stateless (unless you lost your citizenship in your home country). I guess you can apply for the DV lottery and if you win, you should be able to adjust. Whether this would be faster than getting your GC based on asylum, I do not know. Take care, Jason
Hi
Jason can l ask a question my case to EOIR after seven years one my son who is in my case his status already changed now he is on h1status can he apply for removal from my case and what is the procedure.
I mean referred to EOIR for master hearing
If he is in lawful status, he should be able to submit evidence of that to the court and have his case dismissed. If you have a lawyer, talk to the lawyer about that. Otherwise, you can ask the judge when you are at a Master Calendar Hearing, but it is better to get help from a lawyer in this situation (and for your own case, which sound like it is still pending). Take care, Jason
Travel Document is usually 1 year (pretty short) if my travel document has 1 month valid after I return to US will they deny me rentry? does the validation on the US refugee travel document need to be more 1 month valid? Or it doesn’r matter as long as it’s not expired. I’m veryconfused on how it works.
I think you are talking about a Refugee Travel Document. As long as the RTD is valid, you can return to the US. However, other countries may not accept the RTD in lieu of a passport if it has less than 6 months validity remaining, but that is up to the other countries. For purposes of returning here, as long as it is valid, you should be able to re-enter the US without any issues. Take care, Jason
Hi Jason,
Should I bring witnesses with me to the immigration court during the individual hearing or it’s not that important to the judge?
I think it is usually helpful to have witnesses, but it depends on the case – I did posts on December 21, 2010 and August 16, 2012 about witness. Maybe those would be helpful. Take care, Jason
Hi Jason hope you are well I have a question about my filling address of my I-485 permanent residence card my wife is main applicant she already get a green card some reason my I-730 approve after 3 year I live in Newyork where I am file my I-485 I am Derivative applicant my I -730. Approve 19 November 2020 please tell can I file or wait till November 2021 thanks
My catageory is AS7 my wife asylum approve and she get a green card now is my turn so please confirm the filling address Newyork residence I-485
You have to have one full year in the US. So you have to wait until after November 19, 2021. Also, if you left the US, you have to wait longer. For example, if you left the US for two weeks, you have to wait an extra two weeks to file the I-485, so that you have 365+ days total in the US after you received asylum (based on the I-730). In terms of filing address, just check form I-485 filing addresses at http://www.uscis.gov and look for your category. It gives you the address where to file. Take care, Jason
Hi Jason Thank you for you help
My asylum case has referred to an immigration judge my hearing is March 2023 my family is leaving out of my home country am so worried about them.
My question to you
1 there is any possibility to expedite my court hearing year and date?
2 I don’t know how many hearing am going to had please explain to me
Thank you so much
1 – It is not easy, but you can try. I did a post about that on April 20, 2017. 2 – Normally, there are two hearings – the Master Calendar Hearing, which usually only takes a few minutes, and the Individual Hearing where you present your fill case and receive a decision. Take care, Jason
Hello Jason,
If after 6 years you’ve finally called for your asylum interview and what you’re fleeing from in your COP have a little bit subsided, will you be required to return? Are there options to remain in the U.S. if you have established yourself here and lost everything in the COP?
kindly help with this sir.
It depends on the case – if you have suffered past persecution, in some cases, you can stay even if country conditions have improved (this is called Humanitarian Asylum and I wrote something about it on November 21, 2011). Other times, perhaps conditions have not improved enough so that it is safe for you to return. Also, there are alternatives to asylum – I wrote about many of them in articles from August 6 and 28, 2018 and September 6, 2018, but there may be others. Talk to a lawyer about the specifics of your case to see what can be done. Take care, Jason
I am so grateful 🙏. Please I have been searching for where I can find those write ups. Please can you kindly tell me. Thanks so much sir.
If you go to the “home” page of this blog, you will see a box called “Archives” at the top left. You can search there by date. Take care, Jason