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download-225x300Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals.  He is a partner at 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

13,423 comments

  1. Hello Jason, as an asylee (my case was approved sometime ago) I want to become active about ending the long waiting for asylum seekers. It is unreasonable for asylees to wait this long to get their cases adjudicated. I think my asylum case was adjudicated under last in first out because I only waited about a year and even that was so traumatizing and worsened my mental health significantly. I am not in favor of FIFO or LIFO. Instead, I want a system that does not make any asylum seeker wait for years while living in fear and in limbo. I want to get involved in lobbying and advocacy to end these years of limbo for asylum seekers.
    As an asylee, can my activism be harmful to me or my status in any way? like would uscis decide to retaliate against me or scrutinize me or blame me.

    Reply
    • This is great – there are many ways to get involved, and as long as you do not vote illegally or claim to be a US citizen, you should have no problem (however, do be aware of state laws that in some cases may be very restrictive, such as transporting voters to the polls). The best (and safest) way is to volunteer through an organization. Also, I did a blog post on April 7, 2021 about our efforts lobbying Congress, and that post includes some links about how you can get involved if you wanted (it is through a non-profit organization). I did another post on July 25, 2018 about different ways people can help, and a third post about the (limited) ways non-citizens can be involved with election – on August 25, 2020. Maybe some of those would be of interest. Take care, Jason

      Reply
  2. Hi Jason – Wondering one still can apply for PD; and what’re the chances of approval?
    If one got denied at IMH at Immi court, can he apply for PD?
    How EAD works in PD?

    Thanks!

    Reply
    • You can apply for PD. I have only done it for clients who have other forms of relief (such as a marriage-based GC), but you can try to administratively close other cases. This means, setting aside the case, but leaving it “alive” (i.e., still on the court’s docket, but not scheduled for any hearing, maybe forever or until a new Administration arrives who wants to end PD). If the case is admin closed but still alive, you can continue to renew an EAD. Whether DHS (the prosecutor) would agree to PD after a case is denied in Immigration Court and is currently on appeal, I do not know, but certainly you can ask. I suspect if the person has criminal issues, DHS would not agree to PD, but if there are no such problems, maybe they would agree. Especially if the person has “equities,” such as close family members, a good job, etc., in the United States. Take care, Jason

      Reply
      • Jason, i was bit confused between PD & administratively close.

        Could you please elaborate “PD Vs Administratively Close”?

        Thanks!

        Reply
        • PS just means prosecutorial discretion, meaning the prosecutor (DHS) agrees to end the case somehow. They can end it through admin closure, which basically means the case is still within the court’s jurisdiction, it is just removed from the docket (maybe forever) and so if you have a pending asylum case, it remains pending and you can renew your EAD. If DHS agrees to dismiss or terminate the case, the case ends (and you cannot renew any EAD based on the pending case), and then you can apply for relief (if eligible) with USCIS. USCIS cannot grant relief if the case is before the court, since the court has jurisdiction over you. But once the case ends, USCIS has jurisdiction and can, for example, grant a green card if you are eligible. Take care, Jason

          Reply
  3. Hello Jason,
    I applied for Adjustment of Status and missed my biometrics appointment. More than 6 months have passed after that I am still waiting for them to reschedule it. I have called them several times and every time they are asking me to wait. Is there anything else I can do to get my biometrics done? I also moved to another state. Will my cases move to this state and will I lose my place in the queue?

    Thanks in advance.

    Reply
    • If the calls have not worked, maybe try the USCIS Ombudsman – a link is under Resources and maybe that will work. Also, make sure to file a change of address form, AR-11, available at http://www.uscis.gov if you moved. Whether that will affect the processing time, I do not know, as things are such a mess. But you need to do that to be sure you receive any mail from USCIS. Take care, Jason

      Reply
  4. Hi Jason, I applied for adjustment of status based on asylum, I-485 in August 2019. I haven’t gotten my decision yet. Is that in the normal time line for someone who applied in the Texas Service Center? Also, do you happen to know what month and year they’re processing as of now?

    Reply
    • Unfortunately, it is pretty normal. You can check processing times at http://www.uscis.gov. I think there is little to be done to make it faster, but if you have a reason to expedite, you can try that – I wrote about expediting with USCIS in January 2020. Take care, Jason

      Reply
  5. Hi jason…1st of all I want to thank you for answering all our questions regarding immigration matters.
    My question is, can my father who is a u.s citizen petition a married daughter who has pending asylum application? And how long does it take?

    Reply
    • He can – Google “DOS visa bulletin” and you will find the chart for waiting periods (for this category, it is about 13 years for most countries!). However, the daughter would likely need to leave the US to get her GC (I wrote about this in a blog post on August 28, 2018). So while it is possible, it is probably not practical. Take care, Jason

      Reply
      • Thank you so much atty Jason.
        Godbless

        Reply
  6. Thank you JSON for your support my question is

    I live in Maryland,Montgomery Country .I have to renew my EAD for the 2nd time I filled in the form but i am not sure if i am required to give biometrics .

    So living in maryland and filing my asylum case here will make me automatically member of ASAP or Casa de Maryland
    or not in that case as far as i know i am not required to give biometrics again.

    Reply
    • Unless you are a member of ASAP or Casa de Maryland, you have to pay the biometric fee (though in most cases, you will not actually need to attend a biometric appointment). I did a blog post on September 23, 2020 with links to those organizations. Take care, Jason

      Reply
  7. Hi,
    Can I send one cashiers check for the sum of both application and biometrics for my EAD renewal?

    Thank you.

    Reply
    • Biometrics and EAD fees can be combined. Alternatively, you can join ASAP or Casa de Maryland (ASAP is free), submit evidence of that with your application, and you do not have to pay the biometric fee. I wrote about that, with links to the organizations, on September 23, 2020. Take care, Jason

      Reply
  8. HI JSON
    THANK YOU FO RYOU HELP .
    do i need to give biometric fee and do the biometry again while renewing my EAD.
    Thanks !

    Reply
    • You do, unless you are a member of ASAP or Casa de Maryland, and then you do not need to pay the biometric fee. I wrote about those groups, with links, on September 23, 2020. Take care, Jason

      Reply
  9. Hello Json
    What documents should i attach to renew my work permit other than the copy of my current work permit ?
    Thank You !

    Reply
    • You have to check the I-765 instructions, available at http://www.uscis.gov, as I do not know your case or the basis of your work permit. If it is based on asylum pending, at a minimum, you need a copy of the old EAD, asylum receipt, filing fee, copy of passport, US, and I-94, and passport-style photos of you, but other documents may be needed depending on the case, especially if you have ever been arrested for any reason. Do check the instructions to be sure. Take care, Jason

      Reply
  10. Hi Jason,
    Thank you for helping us here by giving worthful information when don’t know whom to ask. I need your help to understand here is, my spouse & I are got green cards through Asylum. There was a mistake on issued year which is Jan-2018 for my spouse and Jan-2019 on mine(I m the primary applicant).
    Now as per mistaken date, Is my spouse is eligible to apply Citizenship now?
    Can I apply along with him as waiting periods are around 12 months. Will it count under waiting period.

    Thank you.

    Reply
    • Update
      *Asylum Granted on 08-2018.
      Green card Applied after year in 2019.
      Received as issue date 01-2018 for my spouse and 01-2019 for me.

      Reply
      • In that case, your spouse could apply for citizenship in about November 2022 and you could apply in about November 2023 (assuming you meet all other eligibility criteria – see the N-400 form instructions at http://www.uscis.gov). Take care, Jason

        Reply
    • When you get a GC based on asylum, it is supposed to be back-dated one year (so if you get the GC today, it should read January 10, 2021 – not 2022). Sometimes, that does not happen. In your case, I am not sure when the mistake was, but if you got the GC based on asylum, you have to wait 5 years from the date on the card before applying for citizenship. You can actually mail the application 90 days before the 5-year anniversary. If you mail the application earlier than that, it may be rejected. I would rely on the dates on the Green Cards, unless you think they are very wrong, and apply when you are eligible, and not before. Based on what you write, you will be eligible to apply in about November 2022 and your spouse will be eligible in about November 2023. Take care, Jason

      Reply
      • Thank you for valuable reply Jason.
        Is there anyway to reach USCIS for year correction.

        Reply
        • The form I-90 allows you to correct a green card with incorrect info, but I am not sure whether that will work – check out the form and instructions to see whether it might help. Before you send the form, maybe try calling USCIS about this: 800-375-5283. It is difficult to reach a person, but if you do, you can ask how to proceed. Take care, Jason

          Reply
  11. Hi Jason,

    Today, I got an email, saying about my I589 application “We received your application and sent the receipt notice to you. You should receive a notice for your biometric appointment. You must attend your biometric appointment before you come in for your interview”, although, I was interviewed more than 8 years ago, with the case still pending. Do you know or can guess what is going on?
    I appreciate your help.

    Reply
    • Probably it is an error on their part. Maybe email your local asylum office to inquire about what is happening. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason

      Reply
      • Thank you, Jason! Do you think it may be a letter for 2nd interview?

        Reply
        • That could be – maybe be sure you are ready in case they plan to schedule another interview (if you have additional evidence, you might collect that, so you can submit it if needed). Take care, Jason

          Reply
  12. Hi Jason,

    I applied to renew my EAD back in April, c(8) category, but I still don’t have it, and the 6 month extension period expired a month ago. I got suspended from work last month as a consequence, and I haven’t been paid since. I submitted a request to expedite but was told that I don’t qualify because I’m not considered under ‘severe financial loss’ without providing evidence that I’m behind on paying bills. I’m not behind because I’ve been using my savings, but I’m afraid this can’t last long especially because my employment will be terminated if I don’t have my EAD within the next 2 months. Is there anything I can do to get them to expedite so I can avoid the possibility of ending up broke and unemployed? If not, what are my options to get out of this situation? The DMV wouldn’t even extend my driver’s license because I don’t have my EAD. It’s been very difficult…
    Thanks in advance for your help.

    Reply
    • I am sorry for this – it is an utter disgrace and totally inexcusable. I am not sure what would be effective, given what they are asking. Can you get a letter from the landlord stating that you are behind on rent, or at least one bill that is behind? Or can you get a letter from the employer stating that they need you back at work and that your absence is hurting their business (and maybe forcing them to lay off other workers as well)? You should also open a case with the USCIS Ombudsman (a link is at right), which sometimes helps with delayed cases. They are not fast, but you should at least get that process started as well. Good luck, Jason

      Reply
      • Thank you, Jason. I submitted a request with the USCIS Ombudsman as you suggested, I hope it helps. I’ll ask the leasing office if it’s possible to have that letter so I can submit another expedite request. However, I’m a bit hesitant about doing that because the last time I called USCIS, the officer told me that another expedite request could further delay the processing, and that it would take at least 5 more weeks even if approved. I’m not sure how long it takes them to review requests and make decisions; I called 10 days after submitting my first request to expedite, and was told it’s either denied or hasn’t been looked at yet, but likely denied due to lack of proof of the required criteria.

        Reply
        • It is unfortunate that they would threaten you simply for asking them to do their job. I doubt another request would add additional delay to the case, but I do not know for certain, as I do not know about their internal procedures. I think you will have to balance any risk from what the officer told you with your desire to make another request. To be honest, I do not know that these requests do much (good or bad) in most cases, but it is sad that they put you in a position where you have to make such a choice and then feel bad about it. I would do whatever you think best, and I highly doubt that you will make things worse, whatever you decide. Take care, Jason

          Reply
          • Thank you, Jason, for your help and valuable insights. They are much appreciated. I’ll do what I can and hope for the best.

  13. Hi Jason,

    I had my asylum pending for 6 years and still was never called for an interview. Now I got married to a US Citizen and got the GC through mariage. I sent an email to the Arlington Asylum office in VA to withdraw my case 3 times and at different time in 3 months but I never got an answer. What do you think I should do?

    Thanks!

    Reply
    • That is annoying. Usually they are fairly responsive (but not always). I would email again. Make sure you write “Withdraw” in the title of the email, plus your name, A number, date of birth, and country. Attach a copy of your GC, front and back. In the email, explain that you have emailed three times but not heard back. Hopefully, they will respond. If not, it is not a big deal. You can always explain this to them when they schedule the interview, but it would be better to just resolve this now. Take care, Jason

      Reply
      • Hi Jason,

        Thank you for your response, I will try again for the 4th time in 4 months, but looks like they will never respond to me. It has been almost 4 months that I send an email every month and still no answers.

        Thanks,
        Serge.

        Reply
        • I think the definition of insanity is doing the same thing again and hoping for a different result, but that is where we are (and perhaps that is why it is called “asylum”). You might also mail them a letter requesting to withdraw, with a copy of the GC front and back. Maybe the old school way will work better. Take care, Jason

          Reply
  14. Hi Jason.

    So my wife and I were both asylum seeker. We applied for asylum since 2015. It was 2 separate and different type of case. (We were not married then). We decided to get married in June 2020. At that time I had already my interview with USCIS and my case got referred to a judge. In the meantime my wife case was still pending. in July 2021 she was scheduled for her interview at the asylum office. September 2021 she got approved for asylum but USCIS could not approve my case because I was in different jurisdiction and in removal proceedings. Now my attorney was able to get the judge to dismiss my case. Now I’m no longer in removal proceedings. It’s been longer than a month since my wife’s case got approved, so I can’t get it directly with USCIS. Now we are going to apply for I-730.

    Couple concern:

    My current EAD will expire in September 2022. If we apply for the I-730 now, how can I renew my EAD because I no longer have a case pending “Asylum”. Am I eligible to apply for EAD as a pending I-730? or I have to wait until the I-730 is approved? Does this means if it is not approve by September I will just lose my employment. Is there a way to avoid this from happening?
    Also Do you know how long does it take for USCIS in Los Angeles asylum office to process and approve the I-730? (We were married 1 year before she got approved asylum).

    Reply
    • The EAD is a problem in a case like this. Because your court case is dismissed, you no longer have a pending asylum case and so you have to wait for the I-730 to be approved in order to work legally. But as far as I know, there is no way to get an EAD based on the pending I-730. In practical terms, I am not quite sure how you could have avoided this – maybe have her file the I-730 and keep the court case alive until you can renew the EAD. I guess it is too late for that, and the EAD would have technically been invalid anyway as soon as the court case was dismissed. In terms of processing time, you can check that at http://www.uscis.gov, but it is probably 1 to 2 years. You can ask USCIS to expedite and maybe that will help – I wrote about expediting with USCIS in January 2020. Take care, Jason

      Reply
      • Thank you for responding. Wawe! that’s super scary. Will my employer know about this? should i notify them about it? This means I shouldn’t be working as of now.

        Reply
        • I do not know your case and am basing my comments on what you told me (though I feel pretty confident that I am correct). I think you should not do anything too quickly. Talk to your lawyer and see what the lawyer thinks. Maybe there is some argument that your work permit is still valid (if the court case was not dismissed, but was administratively closed, that would be the case – this is doubtful, since admin closure would not permit you to get your GC through USCIS). Anyway, definitely talk to the lawyer to see whether there are any other ideas. Also, you should know that if you are working without permission, it should not block you from getting the I-730 approved. Good luck, Jason

          Reply
          • Thank you Jason.
            I’m waiting for my attorney to come back from his vacation. I know he contacted ICE to administratively close my case. ICE approved that, and later on we received the order of the IJ that the case was dismissed without prejudice. (DHS does not oppose to the motion) I don’t know what that mean. Is this administratively closed? Or that is dismissed? When you say if the case is administratively close I can’t get the gc through uscis. Then how to do that?

            Thank you for saying “ you should know that if you are working without permission, it should not block you from getting the I-730 approved.”
            You answered to my question without me asking you. You knew already what was my fear. Thank you for being that knowledgable. I have been using this blog since 2015. You answered all the questions with modesty but really with a lot of knowledge. This help me be able to have a decent conversation with my attorney. Sometimes he is surprised to see that I know some of the terminology, and it help me ask some relevant questions that sometimes he needs to research before answering. That’s because of you. So thank you for being here for us.

          • It sounds like the case is dismissed, meaning that any c-8 EAD is technically no longer valid (since the underlying asylum case is terminated). This also means you are eligible to get your I-730 approved through USCIS, so that is the good news. Also, thank you for the kind words. Take care, Jason

  15. Hi Jason,

    Happy new year and thank you again for all the great help.

    I submitted my EAD renewal back in March 2021, now my 180 days work authorization extension is going to expire in February and I have not received the new card.

    Could you please let me know the best and faster way to expedite my application process other than calling them and sending them messages as I have done both of them?

    Thank you and God bless you!!!

    Reply
    • Unfortunately, I know of no other ways, and USCIS is such a mess that many people are in this position (and USCIS seems not to care). I did a post in January 2020 about expediting with USCIS, but there is no magic solution and calling is probably the most effective way, though it often will not work. The average wait time is about 10 months, so hopefully you will get the new EAD soon, since you are just around the 10-month mark. Take care, Jason

      Reply
      • Thank you for your quick response.

        Have you heard of a case that the 180 days work authorization extension expired before receiving the new card?

        I am just curious.

        Thank you!

        Reply
        • Sadly, yes. That is why it is best to apply to renew as early as possible – the soonest you can file the I-765 to renew is 180 days before the current card expires (don’t file before then, or USCIS could reject the form). Take care, Jason

          Reply
  16. Hello Jason, Is it true to apply 8 months in advance for EAD renewal now instead of 6 months?If that’s so do we have to submit a biometric fee as well for the EAD renewal this time because we haven’t done it the last two times whenever we did our renewal.
    If we have to do it then should we give a separate check or the same check totaling EAD renewal fee and biometrics fee?as I don’t see any clear explanation of that on the website

    Reply
    • As far as I know, the earliest you can file to renew an EAD is 180-days before the old EAD expires. If you file 8 months early, USCIS may reject the application. If this is a c-8 (asylum pending) EAD renewal, you have to pay the biometric fee unless you are a member of ASAP or Casa de Maryland (I did a post with links to these groups in September 2020). If you pay the biometric fee, you can submit that as a separate check or just submit one check for the total fee. Take care, Jason

      Reply
  17. Hi Jason,
    Happy new year !

    I would like to request an expedition for my green card. I am thinking to ask my congressman or the senator to submit the request on my behalf.

    I wanted to ask you who is usually the USCIS is considerate to his request more, the senator or the congressman?

    Thx

    Reply
    • I do not think it makes a difference, so I would use whichever office seems more cooperative. I did a post about expediting with USCIS in January 2020 and maybe that would help. Good luck, Jason

      Reply
  18. Hi Jason,

    I applied for EAD and was returned twice before the expiry date. The third time it was accepted but it was after the expiry date. I received I-797C with not much information but just USCIS Account Access. I saw that there’s automatic extension if you filed the EAD renewal before the expiration of the current one. Will I get another I-797C with extension details or I’ll have to wait till the EAD has been approved.

    Reply
    • Normally, there is only one EAD receipt and it indicates that you have the automatic 180-day extension, so maybe USCIS considers your application filed late and did not give you the extension. Check the receipt carefully to be sure, as there is only one sentence indicating the extension. You may want to try to call USCIS (800-375-5283) and see if you can get this changed, as it sounds like the I-765 was originally filed before your old EAD expired. It is very difficult to reach a person or get them to take action, but you can try. There is also this USCIS web page about automatic extensions, and maybe the employer will accept the automatic extension if you show them the original rejection notices listing the earlier filing dates: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/40-completing-section-2-of-form-i-9/44-automatic-extensions-of-employment-authorization-documents-eads-in-certain-circumstances
      I am not sure whether that will work, but maybe it is worth a try. If not, as far as I know, the only option is to wait for the new EAD, but maybe you can have a lawyer research this question to be certain. Take care, Jason

      Reply
  19. Hi Jason Thank you for you help
    My asylum case has referred to an immigration judge my hearing is March 2023 my family is leaves out of my home country am so worried about them.
    My question is to you
    1 there is any possibility to expedite my hearing year and date?
    2 I don’t know how many hearing am going had for this matter please explain to me ?
    Thank you so much

    Reply
    • ADANE I told you your case would referred to court immigration judge but you dont trust me. I received the same message and it was the same and on February I got my master hearing and I am waiting for my individual hearing .take care you have 15 months to prepare yourself

      Reply
      • Hi Joe I have friends they get some massages but they approved is confusing.
        Thanks anyway

        Reply
  20. Hi Jason,
    Pending asylum from 2015, lost my father last year and my mom is sick now I want to meet her in a third party country, would that be an acceptable reason for expediting? if yes what would be a good evidence to send?
    also, do you recommend expediting the interview while a pending EAD or it won’t matter? as I don’t want to lose the EAD benefit while waiting for my case to be adjudicated while by asylum office or court.
    thank you!

    Reply
    • This is a basis to request Advance Parole, so you can travel to meet her and return. I wrote about that on September 11, 2017. I am not sure whether they would expedite the asylum case on this basis – you can try, but such cases are often denied (since the “better” solution from their perspective is to apply for AP). Get evidence of your father’s death, your mother’s health condition, and your plan to meet in a third country and submit that with a request to expedite – I wrote about that on March 30, 2017. Requesting an expedited interview will have no effect on the pending EAD. Take care, Jason

      Reply
      • thank you for your response Jason. Do you still recommend AP knowing my passport has expired?
        I chose to expedite the case so I can – if approved- apply for a travel document.

        Reply
        • AP is useless unless you have a valid passport, and so if you cannot renew that (or you fear it will cause problems for you or your case if you try to renew it), I would not try AP and the better path is to try to expedite. Take care, Jason

          Reply
  21. Hi Jason Dzubow,

    Thanks for all the hard works and continuous support you offer, I been following through all your valuable articles since I came to the USA in 2017, so I unfortunately got arrested with domestic violence last month, my charges was 273.5 but got reduced as the court offered me plea deal PC 243(e)(1) with probation period up to 3 years (I still didnt accept the offer, as I didn’t do anything wrong, it was falsely accuse), so I need to know if this going to affect my asylum application (I have pending asylum application since 2017), also does the probation period will stop the USCIS from giving me any decision until the probation period ends or get terminated.
    Please advise and thank you

    Reply
    • It is very likely to affect your eligibility for asylum. Under the Immigration and Nationality Act (the immigration law), any crime that relates to domestic violence can have serious consequences. How exactly it will affect the case, and whether it will block you from asylum, I do not know – you have to look at the specific state statue and see how it fits into the federal immigration law. I strongly recommend you have an attorney do this analysis before you agree to a plea deal, as it certainly can affect your case. It can also affect eligibility to renew your work permit, so the lawyer might want to look at that as well. In terms of whether you can received a decision during the period of probation, I think you probably can under the law, but they may not be willing to issue a decision as a matter of discretion until the case is fully resolved. Take care, Jason

      Reply
  22. Hi Jason,

    I want to renew my EAD and preparing to submit I-765. Do I need to submit biometric information again? I’ve submitted 4 years ago when I initially apply for asylum. Or simply I can pay $495 only?

    Regards,

    Sami

    Reply
    • If you are renewing an EAD based on asylum pending (category c-8), you have to pay the biometric fee unless you are a member of ASAP or Casa de Maryland (I wrote about those groups, with links, on September 23, 2020. Whether USCIS will actually take your biometrics again, I do not know, but mostly, it seems they are re-using old biometrics. Take care, Jason

      Reply
      • Hello Jason,
        Thanks for answering our questions.I really need your help and i am sorry if I can’t write English well. I came to the usa in 2016 with my husband and my 2 daughters. We filled for asylum and still waiting for the interview. We live in California. My daughters got their bachelors degree from UCLA and they want to apply for medical school and we are not sure they can apply with for medical school with pending asylum status. We don’t know what should we do? What’s your recommendation? Can I request for expedite our case or no? If no, do you know how long should we wait for interview and what should my daughters do for applying in medical school? Us that possible for applying with pending asylum status?
        Thank you so much

        Reply
        • It should be possible to go to medical school with a pending asylum case, but she will have to check with the specific schools to see what they say. You could try to use this as a basis to expedite – I wrote about expediting on March 30, 2017. It is probably not a very strong reason to expedite, but you can try – the worst case is that it will not help; it won’t hurt your case in any way to try to expedite. Take care, Jason

          Reply
          • Thanks for answering my question. Can I send expedite request by my self or my attorney should do that? Because my attorney only say wait wait wait . And i am not sure she send this request.

          • You can send it yourself, but it is a bad idea to do that without informing the lawyer – if they schedule you for am interview and you are not ready, it could cause you to lose the case. So maybe ask the lawyer if the case is ready to go and whether she minds that you will ask to expedite. Many lawyers have policies about expediting (including me) in order to make sure the cases are ready and also to manage their own case load, so it is best to coordinate with the lawyer. Ultimately, if she will not agree to cooperate, you may need to find a new lawyer. Take care, Jason

    • Good day sir ,
      May I ask if the officer can issue intend to deny after asylum interview, he can issue that letter even in the last day of my legal status ( like if by b1 admission will end on 2nd of January 2022 , he can still issue NOID on 2nd of January2022 ?
      Many thanks sir

      Reply
      • If you are still “in status”, they issue a NOID. However, if you are out of status by the time the NOID is resolved, and if the case is denied, they should refer you to court. Take care, Jason

        Reply
  23. Jason, I am an asylee waiting for my GC.

    My friend asked me to help someone he knows with a permanent address. Meaning, the person has a pending asylum and is a truck driver who does not have a house or address. He is afraid that he might miss a notification letter from USCIS.

    So is it safe to for me to change that person’s USCIS address to my home address while my case is also pending?

    Thank you.

    Reply
    • It is probably safe. However, USCIS will now know that you two are connected, so if there are any issues with his case, there is some small chance that could create problems for you. I think that is unlikely, but if you want to be very cautious, you can advise the person to get a PO Box and get “informed delivery” from the US post office – that way, he will get an email whenever mail is sent to him. He can also sign up for alerts from USCIS to get a notification when something is mailed. Take care, Jason

      Reply
      • Thank you very much Jason.

        Reply
  24. Hi Jason

    Can a pending asylum applicant (based on religious grounds) renew his / her passport from home country? I recently went through a comment somewhere suggesting renewing passport from home country based on pending asylum on religious grounds would do no harm on your case in USCIS

    In fact (as per the comment), as long as the asylum application is not on “political grounds/ against government” It is alright to renew the passport

    I had an understanding since beginning that an asylum applicant should never renew passport from home country no matter which base is taken , either race, religion, nationality, political affiliation, association with a group

    I hope I am right, but if you could share your experience on it, it would be great

    Thanks

    Reply
    • I think if you renew the passport, you should be prepared to explain why you did that and – more importantly – why your home government was willing to renew your passport. If you do not fear harm from the government, but instead fear non-state actors, there should not be an issue. But if you fear harm from the government, you may need to explain about why a government that wants to harm you is willing to renew your passport (whether that is for religious or political grounds, or something else, is not really relevant). Take care, Jason

      Reply
  25. Hello Jason after I had more than year asylum interview my pending status is changed say that
    destination was mailed. reached a decision on your application. You should expect to receive the decision shortly. You must follow the instructions in your decision letter as to what to do next.
    My question is what that means is a positive news or negative?

    Reply
    • My friend you are referred to court .I got the same notice and it was referred to court and you have 2 year for your individual hearing now.you must pray too

      Reply
    • There is no way to know until you receive the letter – That should be in a few days or a couple weeks at most. Good luck, Jason

      Reply
      • Thank you Jason for you help 🙏

        Reply
    • hello sir ,
      i have pending asylum decision since 1 month , but my asylum clock frozen since 2 weeks and not adding any days but clock still running and decision is pending ?( i am still in legal status too which will end after 3 weeks .
      do you have any input what does that mean the frozen clock ?
      thank you

      Reply
      • Some commentors here have stated that a situation like this might indicate good news, but you cannot know until you get the decision. Maybe you want to email the asylum office to inquire – you can find their email if you follow the link under Resources called Asylum Office Locator. Good luck, Jason

        Reply
    • hello Jason ,
      i have pending asylum decision since 1 month , but my asylum clock frozen since 2 weeks and not adding any days but clock still running and decision is pending ?( i am still in legal status too which will end after 3 weeks .
      do you have any input what does that mean the frozen clock ?
      thank you

      Reply
  26. Hello Json

    I applied asylum in 2018 but still not interview yet. My work permit will expire soon for the 2nd time and i heard that these days
    it is taking to long ….can i still keep working or apply to a new job if my work permit expires and if i didn’t get the renewed EAD on time ?

    Thank You !

    Reply
    • If you file to renew your EAD before it expires, your old EAD will be extended by 180 days (the receipt for the new EAD will say this). During that time, you can work, but once the 180-day period ends, you cannot legally work until you get the new card. Also, if you are a member of ASAP or Casa de Maryland, the renewal process may go more quickly and also you do not have to pay the biometric fee ($85). I did a post on September 23, 2020 with links to those organizations. Take care, Jason

      Reply
  27. Hello Jason,
    Your blog is very informative. My asylum is granted from immigration court on December 8th. As I understand after reading your blog that I can apply for green card exactly after 1 year meaning December 8th,2022. My question is when I can apply for citizenship, the 5 years will be counted from 8th December 2021 or from 8th December 2022?

    Thanks
    Sam

    Reply
    • You can apply for a GC on December 8, 2022, but only if you do not leave the US. If you leave the US, you have to add extra days – so if you leave the US for one week, you have to wait one year and one week to apply for the GC. As for citizenship, once you get the GC, it should be back-dated one year (so if you got it today, it would say that you have been a lawful permanent resident since December 13, 2020). From that date, you have to wait 5 years to apply for citizenship, and you can mail the application 90 days early, so basically, if you got a GC based on asylum today (for example) you could file for citizenship in 3 years and 9 months (since the GC is back-dated one year and you can file 90 days before the 5-year anniversary of the GC), or about September 13, 2025. Take care, Jason

      Reply
    • Hi,
      I Completed my Interview at Nov 30, 2021. Interview went good. After interview AO took my passport to make a copy, Even they had my passport with them in evidence. I was wondering is that normal process ?

      Reply
      • Different officers to things differently, but it is pretty common for officers to take your passport and make a copy (and then return it to you, hopefully). Take care, Jason

        Reply
  28. Dears Json

    I am on a pending asylum for 4 years now
    No interview so far .is there a way to apply for Green Card other than marriage .What options are available .

    Thanks !

    Reply
    • There may be, but it depends on the situation – I did a series of blog posts about alternatives to asylum in August and September 2018 – maybe you want to take a look at those for some ideas. But you would want to talk to a lawyer about your specific situation to know for sure. Take care, Jason

      Reply
  29. Hello Jeson

    I am on a pending asylum for 4 years now still no interview.Is there a way to apply for a Green Card .What options do I have other than GC by marriage ?

    Thanks you !

    Reply
    • There may be, but it depends on the situation – I did a series of blog posts about alternatives to asylum in August and September 2018 – maybe you want to take a look at those for some ideas. But you would want to talk to a lawyer about your specific situation to know for sure. Take care, Jason

      Reply
  30. Dear Jason,
    I had been waiting for the decision on my Asylum application interview for 4 years. Fortunately, on December 2nd 2021 I was Granted Asylum and thank God for that. I have one question: a friend of mine told me that if I pay some fees to USCIS, they might experdite my family reunification. Does someone know something about this? I could really follow that step if it is accepted. Need your views.

    Reply
    • There is no way to premium process an I-730 petition. However, you can ask to expedite the cases – I did a post about expediting in general with USCIS in January 2020. Also, there is a link under Resources called I-730 Family Reunification Manual and that may have some ideas for you as well. Take care, Jason

      Reply
      • Thanks a lot Jason. Your contribution to explain issues pertaining to immigration is extremely important.
        Take care

        Reply
  31. Hi Jason, thanks for advising me to contact congressman for lateness on I-730 approval. I’ve contacted my congressman about my family’s I-730 approval since it’s not approved yet after filing it in January 2019. He asked me to provide all details about my I-730 and I’ve sent all the details to him. So, my question is how long will it take now to get my I-730 approved since I’ve contacted the cogressman?

    Reply
    • There is no way to know that, unfortunately, but hopefully the Congressman will push USCIS to move things along. Good luck, Jason

      Reply
      • I have one more question: the law says that the child to petition for must be under 21 years. Is it when I initially submitted my Asylum application or at the time I was granted Asylum? Because when my asylum application was received by USCIS, all my children were under 21 years. After the long wait of Asylum approval (6 years in total), they are all over 21 years. Do they still have the right to be petitioned?

        Reply
        • If the child was under 21 at the time you filed for asylum, and the child is 21+ when asylum is approved, you can still file the I-730 for that child, as long as the child is not married. This is pursuant to the Child Status Protection Act. Take care, Jason PS: You are the 10,000th comment on “The Bloggers” page of my blog – so Congratulations on that!

          Reply
          • Thanks. I’m very satisfied

  32. Hi Jason ,my clock was stopped since the referred me to court and after submitting written pleading February 2021 the clock still stopped.it doesn’t run anymore.but I am waiting for my individual hearing and this is 9 months the don’t schedule anything yet.what wrong with my asylum clock ?explain it to me please

    Reply
    • The clock should only stop if you caused a delay in the case, so maybe it is an error. You would have to talk to a lawyer to know, but the process to re-start the clock is very difficult and slow, and generally involves contacting the court clerk (or whoever at the court is designated to deal with clock issues) and trying to re-start the clock. Maybe a first step is to call the court and ask who might be able to assist – you can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason

      Reply
  33. Hi Jason,
    I have my asylum pending for 6 years now, and I recently got my green card through marriage with a US Citizen. I sent an email to the Asylum office of Arlington, VA twice to withdraw my case but I never got a response. I know the automatic response email says that in some situation, they take action and don’t have to reply to your email, but I am wondering if for withdrawing an asylum case it is the same. Among the things for which they don’t reply, they did not have asylum case withdrawal though. What do you think is happening, and what do you think I could/should do. Please advise.

    Thanks a lot!

    Reply
    • I would give them a month – they do not respond quickly. If there is no news by then, send another email. I think they will respond eventually. Also, keep a copy of emails you send. That way, if they end up scheduling an interview, you can let them know that you tried to withdraw the case and they can withdraw it at that time. Take care, Jason

      Reply
  34. Hi Jason,

    Thanks for helping out us with our questions and queries.

    I got my asylum approved 2 months ago and now I plan to get married to a non US citizen with student visa F1. We are not so sure about how the process would work. I haven’t applied for my GC yet, he is in active status now, he will finish school in 2023 and then he can get OPD for 3 years if he secure a job. But we both are worried arent sure how the process work for him if we are married.

    Once i get my green card and file for his GC, will he be able to travel to his country? or can he stay with the F1 status even after we are married ? we would appreciate some clarification and suggestion from you?

    Also lets assume i get my green card by 2023 and apply for his GC, how much time would it take? I dont want him to stuck with me and not able to travel back to his country. He is also worried what if there are issues with reentry to the United States because of my asylee status.

    Reply
    • Once you have your GC, you can file for him, and if he is still legally in F-1 or OPT status, he can adjust status and get the GC in the US (assuming he does not commit a crime or make himself ineligible some other way). However, the wait time after you file the I-130 for him is unpredictable, and so it might take years, or it might not take much time at all. You can see the wait times for this category of immigration if you Google “DOS visa bulletin” and look at spouses of lawful permanent residents. In recent years, the wait time for your category has been short. Assuming he is eligible, he can get an Advance Parole document while he is waiting for the GC, and this will allow him to travel. However, before you have a GC, if you marry, and if he wants to travel, I suppose it is possible that he will have issues – especially if he needs to get a new F-1 visa. The problem is that a person on a student visa cannot have an intention to immigrate to the US. If he is married to you, the embassy may think he has an immigration intent and deny the visa. If he does not need a new visa and only plans to re-enter using his existing visa, the chances of a problem are very low. I guess it is not impossible to have a problem, but it seems very unlikely. Talk to a lawyer about the specifics if you are concerned about this. One option is to wait to get married until you have the GC, and then once you marry, file immediately for his GC – in this case, he will have the Advance Parole document (after maybe 5 or 6 months) and will not have to worry about re-entering the US. Take care, Jason

      Reply
  35. Hello Jason, I am an asylee with pending adjustment of status case. I live in San Diego and I might move to Washington DC. what would happen to my pending green card case if I move from California to wahsington dc.

    Reply
    • I think nothing would happen – it would continue processing. If you needed an interview, that would take place at the new location. When you move, you need to file an AR-11 (www.uscis.gov) and you can do that online. Take care, Jason

      Reply
  36. Hello Jason,, inwant to first thank you for all your efforts and help. I have a question about kids. I applied for Asylum Mar 2015 not interview till now. I have my son who is in HS now. He came when he was 7. I’m trying to live normally since this is taking forever. I’m preparing my son for college and adulthood. He still doesn’t have anything only work permit. When he becomes 18, how is that gonna work? Does he need to file separate Asylum case? Is he gonna continue getting work authorization through this pending case infinitely? I’m so confused I bet no one faced this issue.

    Reply
    • As long as he was part of your case before he was 21, he can remain part of your case until the case ends, so he can renew his work permit as long as the case is pending. If he wants, he can file his own asylum case (assuming he has a reason for asylum), and depending on the circumstances, he may want to do that – maybe talk to a lawyer to see whether that is a good idea. Take care, Jason

      Reply
  37. Dear Jason,
    I am from Afghanistan and currently in India due to the Taliban take over I can not go back to Afghanistan. My approved I-730 is in New Delhi consulate since October 14.
    Any idea how long it will take to get the interview? The consulate told us several weeks, what is your experience of several weeks.

    Thanks,
    Mariam

    Reply
    • I do not know, as it varies by country, but most consulate I-730 cases I have done take a few months (after the I-730 is approved) – maybe 3 to 5 months. Everything has been slower lately, and I have not done such a case in a while, and so I do not have updated experience with that. If the consulate said several weeks, that may be accurate, as they are supposedly giving priority to Afghan cases these days. Take care, Jason

      Reply
  38. Hi Sir jason i would like to thank you for helping people answering their immigration matters.
    My question is..is it possible to widraw asylum case on my individual hearing ??? My atty told me that is the best thing to do for now..how risky is that? What are the possible things will happen after my Individual hearing on January?
    And also iM still waiting for my working permit I applied last July 2021..what will happen if my atty will widraw my case? Can I still get the working permit?
    I don’t know what is the best thing to do in my case.
    Your suggestion is highly appreciated.

    Reply
    • If you are in court and withdraw your asylum case, you will be ordered deported unless you have some other form of relief (i.e., some other way to remain legally in the US). Maybe the attorney wants to ask for “prosecutorial discretion” where they government stops trying to deport you. However, if you have PD and if your asylum case is withdrawn, you will lose your work permit if the work permit is based on asylum. It seems to me that you need to have a more thorough conversation with the lawyer to see what is the plan, why the asylum case will be withdrawn, what will happen to your status after that, and whether you will still have a work permit. If the lawyer is not providing satisfactory answers, maybe you should consult with another lawyer for a second opinion (though if the court case is in January, you have very little time). Take care, Jason

      Reply
  39. Hi Jason,

    I submitted my documents for a GC exactly a year ago.

    Based on your experience, how long is it taking to receive the GC these days (submit – approved – receive) ?

    Thank you.

    Reply
    • You can check processing times at http://www.uscis.gov, but that is not available for all offices and I think it is a wife range (2 to 6 years, or something like that). We are seeing most cases take maybe 1.5 to 2 years, but it has been getting slower and I would not be surprised if it took longer than that. Take care, Jason

      Reply
  40. Hello Jason,
    Thank you for your efforts.

    I got my 10 years Green card 5 months ago after marrying american citizen, I had an asylum case but I did withdraw after getting my GC. Now I need to go back to my country to see my father because he is very sick.
    Do you think there is a risk doing that? I mean when I come back to USA, will they give me a hard time or refuse my entry?

    Thank you

    Reply
    • @Fared
      People like you needs to be blocked from entry for applying for a fraud asylum case! Folks like you need to get deported and anyway when you apply for the citizenship they will give you hard time asking how you applied for asylum and after u got GC from marriage you went to visit the home country lol what a joke

      Reply
      • It is so funny Nick that you don’t know me or my story and you directly assumed I have a fraud Asylum!
        Anyway, marry Christmas and happy new year 🙂

        Reply
      • There is absolutely no way you can know his situation based on his message, except to know that his father is very ill. I have had a number of very legitimate (and well-known in their countries) asylum seekers return home for various reasons . It has nothing to do with their cases being false. They take a risk to make a short visit. For them to live in the country would be impossible, but a short visit can be done in relative safety. Take care, Jason

        Reply
      • To Nick.

        I wish not to see your comment. So disrespect and shame on your personality. You can’t talk about someone who don’t know. Even he has fake asylum case he’s been in US many years and he has right to see his families. He married and has a new life right now . Somehow he got green card and needs to save it. You just need to say good luck. By the way good luck to you too.

        Reply
    • I think it is possible that they will give you a hard time, especially if you feared your home government (as opposed to a terrorist group in your country). You should be prepared to explain (with evidence) why you returned and how you stayed safe. I did a post about asylees returning home on January 6, 2016. This is for asylees, but since you filed for asylum previously, maybe this would help with some ideas about how to be careful. I wish your father a swift recovery. Take care, Jason

      Reply
    • Hey Jason,

      How long it takes to get a response after submitting I-730 form?

      Reply
      • You should have the receipt in maybe 4 weeks. You can check the processing time at http://www.uscis.gov, but I think it is between 1 and 2 years. Take care, Jason

        Reply
  41. Hello Json
    My work permit has expired i am under asylum but studying at University now i don’t need the EAD now,
    Can i still wait till i finish my study which i will in 8 months then apply for a work permit ?
    Will they raise a question stating “Why I couldn’t renew my EAD before expiry date”

    Thank You !

    Reply
    • You can do that. Also, if you have asylum, you do not need an EAD to work, but it does make life easier to have one. Maybe you want to apply for the Green Card if you are eligible, as that makes life easier in many ways (and gets you closer to US citizenship). Finally, do remember that EAD renewals are slow, and so if you want an EAD in 8 months, you should probably apply now, as it can take that long to process the new card. Take care, Jason

      Reply
  42. Hello Jason, things at USCIS are only getting worse especially processing times. I have heard of many people suing for work authorization delays. Even during trump administration, EAD processing time used to be less than 6 months. The gov appointed a new director to head USCIS few months ago. Many people were optimistic with this new appointment but the situation is only getting worse. Are there clear reasons for why things are getting worse despite the new administration and the new director? You as an attorney sometimes meet with USCIS and I presume you may have heard something.

    Reply
    • I have not heard anything. I suspect that they are still digging out of the whole left by the last Administration, but that excuse gets harder and harder to accept the more time goes by. I do believe the leadership at USCIS and DHS has good intentions concerning asylum seekers and other immigrants, and so it is frustrating (to say the least) that things continue to get worse. Take care, Jason

      Reply
  43. Hi Jason
    Don’t know if you had a chance to read the BBB proposal.
    If you did I got a question, would an F4 approved and waiting already for over 5 years be able to pay the proposed fee and have their case current… thanks

    Reply
    • Sorry, I have not read it. We’ve seen a number of proposals appear and then go nowhere, and so I stopped looking at them since I do not have time. If it makes any progress in the Senate, I will take a look and try to write something about it here. There are some lobbying efforts from immigration groups – maybe the American Immigration Council, and maybe they have posted about this. Take care, Jason

      Reply
    • Hey Jason,

      How long it takes to bring a family after Asylum approval, and can this process be expedited?

      Reply
      • I think the posted wait time at USCIS for an I-730 is 1 to 2 years and after that is the consular processing, which varies by embassy, but is maybe several months (but it could be slower, depending on the case and depending on what is happening with the pandemic). You can try to expedite both parts of the process. I did a post about expediting with USCIS in January 2020. Also, if you look under Resources, there is a link called I-730 Family Reunification Manual. That has a bunch of helpful info. Take care, Jason

        Reply
        • Hi Jason. My I-730 was filled on January, 2019. It’s almost 3 years and it’s not approved yet. Current receipt date for a case inquiry in USCIS website is August 16, 2019. I’ve contacted USCIS 4 times in the last 5 months and every time they told me to wait, my case is still in review. I don’t know when will it gets approved. Can I do anything to make it faster? Will consular processing be faster for my case if it’s approved since USCIS is taking a lot of time?

          Reply
          • It is really awful and unacceptable to wait so long. You can make an inquiry with the USCIS Ombudsman – they sometimes help with delayed cases. You can also take a look at the I-730 Family Reunification Manual, which has some ideas for delayed cases. Links to both can be found under Resources. You might also seek help from your Congress people – there are links to the House and Senate under Resources as well. In terms of consular processing, I do not think the wait time there has much relation to the I-730 wait time, as it is a different agency and wait times vary by embassy. Maybe your Congress person can assist with that part to try to expedite. Take care, Jason

  44. Hi Jason, If an overseas derivative asylee visits other countries, will it have any issue for getting visa 92?

    Reply
    • I am not sure I understand the question. In general, a derivative can visit the home country without consequences, but if the principal stated that the entire family was in danger, a visit by the dependent is not consistent with that and could (possibly) create issues. As far as I know, a visa-92 is an approved I-730, and so a person cannot become a derivative until that entire process is complete, and so I am not sure I understood what you are asking. Take care, Jason

      Reply
      • Sorry for making it not clear. My father applied for us with I-730 after he got his asylum. Our I-730 isn’t approved yet. So our class is going on a trip to our neighbour country, Can I go there? If I go there will it be a problem for I-730 approval?

        Reply
        • Are you in the US now? If so, it could be a problem to return here. If you are not in the US, I think it would not have an effect, but you probably should talk to a lawyer if you are not certain, as you do not want to create problems for yourself. Take care, Jason

          Reply
      • Hi Jason thank you for all the support you provide. Can you answer this for me please. If someone files for asylum and later marry a citizen after 4years, can the citizen file for the person with pending asylum since they are married?

        Reply
        • That happens fairly frequently, and as long as the noncitizen is otherwise eligible for a GC, the person can get a GC based on the marriage – the asylum case does not have any effect. I wrote about this on August 6, 2018 if you would like more info. Take care, Jason

          Reply
          • Thank you very much Jason.

  45. Hello Jason, as an asylee with a background in International Development and passion to engage in public policy that is relevant to immigration and asylum in the U.S and abroad, Where should I be looking? What institutions, NGOs, lobbying groups, government agencies that I could engage with through employment or volunteering?
    Afterall, I experienced first hand this policy and I feel we all have a duty to engage to improve the situation to everyone

    Reply
    • There are many organizations where you can volunteer – it depends on where you live and what you want to do. I do think for people interested in working in the field, volunteering can be a great way to make contacts and hopefully find a paying job. You just have to look for opportunities where you will get exposure to different people and have a chance to bug them about hiring you. I did a post that is mostly on-point (it is for people who want to do asylum law for a career) and maybe that would be of interest – it is from April 23, 2012. Take care, Jason

      Reply
  46. Hi Jason,
    3 weeks ago I sent an email to the asylum office to withdraw my case but I still have not gotten a reply. Is it common? What should I do now to make sure they got it and my case has been closed?

    Thanks,

    Reply
    • Some offices are better than others about replying. Three weeks is probably long enough – maybe email them again and politely state that you contacted them before but did not hear back. Also, at this point, you might as well wait until next week, as people are clearing out for Thanksgiving. Take care, Jason

      Reply
  47. Dear Jason,
    I hope everything will be fine with you and your family
    I have two uestions about BUILD BACK BETTER bill passed by house,

    1. Is there any opportunity in this bill for those who are waiting for last 11 years for their family based petitions approved on F4 (Brothers & Sisters) basis to skip the line of waiting because their priority date is not current provided by paying some EXTRA FEES to expedite their process?

    2. Is their something for those who are waiting in backlog on their Affirmative assylum based application for last 6 years?
    Will highly appreciate your kind reply

    Reply
    • I have not seen the bill, and so I do not know. I have not heard of any effort to make the wait faster for siblings, and so I doubt that there is any change to that category. Also, I have not heard of any legislative efforts to change the backlog, though the asylum office is hiring more staff and we have been lobbying for an administrative change to prioritize cases over 5 years old. So far, while we were able to get 40 Congress people to send a letter to DHS, there is no response to the letter and no change in policy. Take care, Jason

      Reply
      • Thanx for your prompt reply, I heard and watched some of the lawyers from New York on YouTube who were explaining some points from it in which they mentioned that the green cards which were not utilized or lapsed due to some reasons since 1992 will be available for some family categories and employment based visas who are waiting for more then two years with extra fees or expediting fees, that’s why I raised this question if siblings will be also included?

        But thanx for your kind reply and let’s wait for the details

        Reply
        • I heard about something related to employment-based visas, but I did not hear about family-based visas, but I believe it. The issue is that we keep seeing bills proposed and they go nowhere, and so it is difficult to pay much attention until there is actually a possibility of something passing. Take care, Jason

          Reply
  48. Hello Jason, can derivative asylee go to their home country without getting into any problem and how long on average does it take to get a call for an follow-to-join interview after I-730 gets approved?

    Reply
    • In general, a derivative can return to the home country without any effect. However, if the asylum application indicates that the whole family is in danger, and a derivative returns, maybe it could have an impact – if it raises a question about whether the application was fraudulent. I think this is very unlikely, but probably not impossible. In terms of the time frame, it really varies depending on the country where this is being processed. In most cases it probably takes 3 to 5 months, but as with everything, it can be slower. Take care, Jason

      Reply
      • Thanks a lot for the reply. I have a confusion. In the I-730 manual’s page 62, it is quoted that “consular processing is often the lengthiest part of I-730 adjudication, necessitating regular and consistent follow-up from legal practitioners. Some embassies have a wait of over two years just to be scheduled for an initial interview as there is no expedited queue for V92/V93 visa”. Our I-730 isn’t approved yet since it was filed in January 2019. And if it takes another 2-3 years after approval it’s quite frustrating. Does the wait time depend on the number of I-730 cases? Is it faster in countries where less number of derivative asylee lives or otherwise?

        Reply
        • My experience has generally been that the consular part is faster than the USCIS part, but the people who wrote the manual know a lot more about it than me. The system is very slow, and the USCIS backlog is long. In terms of consular cases, I do not know which countries are faster than others, but in general, people from majority Muslim countries seem to wait longer for these types of things. That said, I do not have any data to support this claim, but it is the sense I have from the cases I have seen. Take care, Jason

          Reply
      • Hello Jason, hope you’re doing well. I want to thank you first for this wonderful Q&A section.
        I have a girlfriend in my home country and I want to marry her. I just want to know approximately how long will it take to marry her and immigrate her to US if I come to US today as a child derivative asylee.

        Reply
        • I am not sure I understand, but if you have asylum as a derivative, you cannot file for a spouse. You have to at least have a green card to petition for a spouse. If you have a GC or are a US citizen, it probably takes 1.5 or 2 years to petition for a spouse and do consular processing. Take care, Jason

          Reply
          • Thank you for your kind reply. I think I still have some confusion. I know I have to meet the derivative child asylee definition when I apply for GC. So I can’t marry before applying for GC. I’m certain that after getting GC I can marry. I want to know if I can marry after filing the I-485 and before getting the GC. Will the marriage have impact on the filing since I’ll do it after the filing? or I have to be unmarried untill I get the GC?

          • Sorry, I thought you were already a derivative asylee. You are correct that you cannot remain a derivative once you are married. What I do not know is whether marrying after you get asylee derivative status has any effect. I think it would be worth checking before you do it. The reason is that it is possible to lose asylee derivative status under certain circumstances (for example, if the principal becomes a US citizen and the derivative does not yet have a GC and only has derivative asylum status). I guess I would be surprised if you would lose your derivative status by marrying, but I have never looked into it, and so I am not sure. If you did lose your status, the solution is to file a nunc pro tunc asylum application – this will solve the problem, but it will take time and will delay your own GC. So maybe you want to have a lawyer check into it before you marry, just to be safe. Also, from an immigration perspective, you cannot file a petition for a spouse until you actually have the GC in hand (filing the I-485 has no effect on your status). For this reason, if you want to be careful, you can wait until you have a GC to marry and then you can file for your spouse. But if you want to marry earlier, maybe have a lawyer look into it, just to be safe. Take care, Jason

  49. Jason,

    I applied for adjustment of status in March of this year but my status still shows as Fingerprints applied.

    Since you handle a lot of such cases, what is the average time asylees get their GC after applying for it? I know there are different factors that can affect this process, just wanted to get your average estimate.

    Thank you!

    Reply
    • It is really very unpredictable. We have seen most asylee adjustment cases take maybe 1.5 to 2 years, but it could be longer. Also, if you check the processing times at http://www.uscis.gov, it can be much longer. If you have a reason to expedite, maybe you can try that – I wrote a post about expediting with USCIS in January 2020. Take care, Jason

      Reply
  50. Dear Jason,
    Many many thanks for helping through this Forum. I am so grateful. My child and Spouse finally received an interview notice for my I 730 application after two years. We have already submitted all the required documents requested by USCIS and we completed medical exmamination and ready to be submitted at the time of interview. My child and spouse do not speak English, so I found a translator and submitted our translator details to USCIS. I am very stressed out for their interview. I HAVEN’T SEEN MY CHIL D FOR THE PAST 6.5 YRS. I am very stressed out for their I-730 interview process. Could you please advice how to prepare for the interview. Is there any specific questions that they will ask?
    Thank you so very much in Advance.

    Reply
    • There is a link under Resources to I-730 Family Reunification Manual and this has information about all aspects of the process, so maybe that would help. They should just be prepared to answer all questions that are listed on the I-730 form and be familiar with all documents and forms submitted. They (or at least your spouse) should have some familiarity with your asylum case – they are rarely asked, but they could be asked and so it is best to be ready. Also, be truthful. If you do not know an answer, do not guess, just say that you do not know. And if you do not understand a question, ask for clarification. These interviews tend to be pretty easy, so hopefully it will go well. I wish them and your family good luck, and hopefully you will be re-united soon. Take care, Jason

      Reply
    • Can you please tell which country took 2 years to get the interview?

      Reply

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