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
Greeting Mr. Jason ,
Thank you for your continuous support and My case online for adjustment of permanent residence (I-485) petition updated as “REQUEST FOR INTIAL EVIDENCE” after waiting solid two years. Previously during my petition , I did not include my medical exam evidence; Is USCIS requesting this medical evidence or other? Secondly , I would like to know the difference of initial evidence and RFE?
Very respectfully,
You will have to wait for the letter to know, but it certainly could be a request for the medical exam. There is no real difference between this and an RFE – both are requests for evidence. Typically, the RFE would come after the interview, though. Take care, Jason
Thank you for your swift reply as usual. I appreciate !
Hello Jason,
I am an asylee. June 7th will be my one year anniversary since asylum approval. My question is can I apply for i-485 GC application on August 2022 or do I need to apply on June 7th 2022? I think I need some time to get my medical reports done and I am planning to move to a different state before applying for GC. Therefore is it okay to apply in 2 or 3 months after 1 year stay in the US. Please advise.
As long as you have been physically present in the US for at least one year, you should be eligible to apply for the GC, so there is no problem to wait an extra couple months. Take care, Jason
Hi Jason
I hope you will be fine and healthy, this question asked by one of my good friend, he is a granted asylee and having green card based on asylem, he is planning to move to another state and planning to submit his N400 from New state, does he need a valid i.d. from the new state to submit his N400 as residence of tht state from there and weather this change of address and state would put impact on his timings of submitting his application from the new state or everything will be processed normal?
Regards
I do know that he needs a state ID to file the case, but he should probably get one before the interview, as they could reject or transfer a case if they think it is not in the correct location. Also, there is a requirement to live in the state for a period of time before you file (I forget how long – maybe 90 days?) – you have to check the N-400 instructions. So in other words, the person does need to be living in the new location for a period of time before filing. Take care, Jason
Hi Jason!
When filing N400, If I have been absent from the US for 20 days, can I still apply 90 days before reaching the 5-year mark? Or do I subtract these days and apply 70 days before?
Thank you for the answer and for the help to the immigrant community!
As far as I know, this rule only applies to asylees filing for a green card, and so I think you can file normally, as if you never left the US – so 90 days before the 5 year anniversary (this assumes no other absences). Take care, Jason
Thank you so much, Jason!
Hello Jason,
Thank you for everything you are doing here.
I m primary applicant in my asylum case and granted. i have green card as well but my country’s passport has been expired.
I would like to travel to third country close by my home to country to meet family.
what are the documents, i need to get to travel outside and return safe into united states.
will it effect to my citizenship?
awaiting for your response. Thank you
You should get a Refugee Travel Document, form I-131, available at http://www.uscis.gov. Unfortunately, it probably takes 10 months to get that document, and it is only valid for one year, but once you have it, it works like a passport. The problem is that not all countries accept the RTD, so you have to check, and you may need to use your passport as well. Renewing the passport can be an issue for people who had asylum, especially if they had a fear of harm from the government – if you need to get a passport, you should be prepared to explain why you got it and why the government issued it to you (in case USCIS asks about this). Take care, Jason
Hi Jason and everyone!
I called USCIS on 02/09/2022 to expedite my EAD on the basis of working in the healthcare. I haven’t heard back so I called them one week ago and they said that my request is under review. How long more can it take to get a decision if it will be accepted? Does anyone have a similar experience?
Thank you.
It seems like when this policy was first implemented (a couple weeks ago), it was working well. Now, it is working much less well. I suppose that is not too surprising, but the Biden Administration needs to take steps to return the EAD process to pre-Trump rules and eliminate the nonsensical “anti-fraud” requirements they added to the I-765. This should happen, based on a court ruling from earlier in the month, but they should have done it without having to be forced by a court. Take care, Jason
Hi Jason,
My mother is a primary petitioner for asylum and had claimed me on her case when under the age of 21. I currently temporarily relocated to a different state than our asylum application state, do I need to update my address with USCIS even though I’d rather keep the current family address as my USCIS address? If so, would living in a different state from the asylum case state cause me a problem although I am not the primary applicant?
Thank you!
I know of no way for you to update your address independent of the principal applicant (your mother), and so I think you do not need to do that. It seems they only want the address of the principal applicant. Take care, Jason
Hi JASON ,I have a question for you .I submitted written pleading on February 2021 for my asylum referred to court but until now they don’t schedule my individual hearing yet .what can I do ?i asked my attorney to expedite my individual hearing interview but he told me we don’t need it because my interview will come automatically in February.but nothing yet .what can I do for that ?
The courts are a huge mess and so it is not easy to get them to take action. If you submitted a written pleading, they should eventually respond with a new court date. I guess you (or your lawyer) can try to call the court and talk to the judge’s clerk. This is often not easy and does not always help, but you can try. You can find the phone number if you follow the link under Resources called Immigration Court. Also, your lawyer can file a motion to advance, to try to get a final court date. Whether this is appropriate, or whether your lawyer has the capacity to file such a motion, I do not know. Take care, Jason
Dear Jason,
I had my interview for the i-730 petition as beneficiary outside the US. At the end of the interview the consuler notified me that you will go under background check which may take 3-4 months. I am from Afghanistan, today my case status change to immigrant visa refused and pending to further administration processes. My question is that normal ? When can I expect an answer from the consulate. Did you have clients who’s family petition under I-730 is refused ??
Thanks,
Mariam
I do not know the reason. You might want to email the embassy where you interviewed (or have the principal applicant who filed the I-730 send them an email) to see if you can get any more information. You can find the embassy email on their website (some embassies have online forms to complete rather than email addresses). You might also have the person who filed the I-730 contact their Congressperson. The Congresspeople have staff who assist with immigration and maybe they can get more info. Good luck, Jason
Hello Jason,
I am a granted asylee, I am eligible for greencard in july 2022. I have the travel document. I want to get married with someone from a differenr country, but in order to get married his country requires a valid pasaport and they don’t recognize the travel document. What should I do? Should I apply for pasaport of my home country in an embassay at his country, can reason of marriage to get the passport from embassy still affect my green card application and my case?
I think this is very unlikely to affect your GC, as it seems you have a good reason for needing the passport, and it does not sound like you will return to your home country. That said, if your asylum case indicated that the home government seeks to persecute you, then USCIS may wonder why that same government was willing to issue you a new passport. Be prepared to explain this if need be. Take care, Jason
Hello Jason!
I have filed my I-485 on DEC 2019 filed at TSC. Recently I have received Request for additional Evidence by USCIS.
Does anyone receive additional evidence request? what did they ask for?
what is the difference between Request for Evidence Vs Request for additional evidence?
If they need only Medical and Photos, then it should have been Initial Evidence. But they are asking for additional Evidence?
I am confused and little curious what it might be.
I think you just have to wait for the letter to see what they need. Take care, Jason
Hi Jason,
Hope you’re doing well!
So my perm application through employer is about to be approved but the lawyer hired by the employer wants me to leave the country for the adjustment of status step. Do you think it’s safe to leave the US with a pending asylum application?
Regards
I would be very careful about that. If you go to the country of persecution, you may get into trouble if the embassy decides that your asylum case was fake (since you returned home). On the other hand, if you go to a third country (assuming you can arrange that), and something goes wrong, you could get stuck in the third country. If possible, try to get Advance Parole, which allows you to return to the US (I wrote about this on September 11, 2017). That way, if something goes wrong with the GC, you can still return to the US using Advance Parole. I think I wrote more about AP as a back-up plan in a post from September 6, 2018. Take care, Jason
Thank you, Jason! Yeah, she was suggesting a neutral country. Do I need active passport from my country of origin for AP?
AP acts like a visa, so you need a valid passport to travel. AP is only for returning to the US. Take care, Jason
To wandarer. I got my GC thorough employer. I was pending asylum. This is big warning . I hope You will pay attention. First of all DO NOT BELIEVE your attorney. Yes %100 You have to leave country. But technically you can’t go to home country. You need to find 3. Country. That is the point. Which 3. Country??? Attorney told us big lie about that. I had to look more than 2 years ( exactly 29 months to find a 3. Country) attorney did nothing about that. Because technically they can’t do anything You need to find an embassy who is willing to handle your case. Generally if you don’t have residency They do not accept you. In this case you need to expect another 3 years after perm to get your green card. That means if you’re old applicant , most likely It will not work because Uscis will call you for interview. My employer started my application at 8. Months after asylum application. If you need more help let me know I can share all my experience. Good luck
Hi Jake! Thank you for your input! Can you please share all the information with me about this. I will appreciate it.
To wanderer. After approval I-140 if your country status current NVC will send your paper to your country. In the meantime you need to find an embassy to transfer your case. Problem will start at this time. So good luck with that. Just make sure Bahamas, mexico and Canada are not eligible to transfer. Not even think about them. If the your Attorney says different do not believe. After you get NVC number you can start to contact 3rd country embassy. For the AP you need actual date for interview otherwise you will get denied. But issue is when you get the interview date it is gonna be to late to apply for AP since processing time about the 9 months for most states. I spend money 3 time to make it same date. You may also consider emergency advance parole. I wish you luck with that. If somehow make the interview date and went another country, be ready to stay at least 30 days since medical exam and other things take time. For total it took 4 years and $25000 to get it. Dollars amount may change regarding number of applicant . I am married. Last thing you need to be ready to hear for very weird questions related with asylum application. Good luck.
Thank you so much, Jake for all this information.
Hi Jake!
What is NVC? And You mean NVC will send my number to my home country? And how will I find which 3rd country will accept me? Thanks
To wanderer.
NVC. National visa center. Who handle embassy cases. You need to contact every single embassy one by one to ask. There is no way to know which one is gonna say ok. But remember you need to find one that doesn’t require visa for your home country citizens. It is so complicated and hard.not like attorneys say.
Got it. Thank you, Jake for your helpful information.
Hello Jake, can you please share details? Did you apply for H1B or EB visa?
Hie Jason,
In 2010 I applied for asylum after being in the US for 10 years, the prosecutor agreed to a prosecutorial discretion and I was put on an administrative closure pending relative petitioning for my green card. Now my question is I have a son who is 21 and I was wondering if there is someone out there who has been through the process of applying for a green card with an administratively closed case. I appreciate any insight or hell thank you.
It should be pretty easy (assuming you are eligible – maybe check with a lawyer to be certain). First, he files the I-130 petition and once that is approved, you cam re-calendar the court case and dismiss the case. Then you can get your GC from USCIS. I did a post about this on August 6, 2018 (it is in the context of a marriage case, but the same rules apply when a 21+ US citizen child files for you). I do recommend you talk to a lawyer to be sure you are eligible and help you navigate the system. Take care, Jason
Hello Jason, I wrote here 4 months ago about being a dependent on my wife’s asylum case that got approved in September. I was not able to get approve at the same time because i was in the removal proceedings. The Judge finally approved the dismissal of my case without any prejudice. We just applied for the I-730. This could take up to a year or 2 to be approved. I just got some bad news that my grand mother is very sick and she had to go to another country to get treatment. But it is not looking good at all. I reached out to my attorney about expediting my case. He is not very confident about being able to get that expedited. But he has suggested to apply for the I-131 advance parole. Am I even eligible to get the advance parole with an I-730 pending? Also i learned that it is recommended not to travel with advance parole because you could get denied reentry. What do you recommend? I just don’t want to be in a situation where (God Forbid) my grand ma passed away without me being able to see her. It has been 9 years now that I haven’t seen her. She has been like my mother for my entire life.
Thank you for your help Jason.
This is very difficult. I think it will not be easy to expedite the I-730, but you can try. I did a post about expediting with USCIS on January 29, 2020. In terms of AP, I do not know whether a person with a pending I-730 is eligible for AP – the I-730 is strange, as it is a petition (meaning someone else filed it for you), but it acts as an application (meaning you filed it) when you are in the US. Since it acts as an application, maybe you can apply for it, but I have never done that for anyone. You can check the I-131 instructions for guidance. If you can get it, you should have no problem returning to the US as long as it is still valid. We have clients travel with AP pretty regularly, and no one has ever been refused re-entry (though once in a while, they have to go through secondary inspection upon arrival, which causes some delay at the airport). Good luck, Jason
Hi Jason,
Thank you so much for your help.
I wrote in here over three years ago, and finally I got my asylum granted at the Immigration Court as a final grant through my spouse’s FGM case.
What are your next step recommendations for us? I would like to get travel document as soon as possible as my father is very sick. Please let me know the shortest route to getting us processed at USCIS. Thank you so much again!
Congratulations on the approval! I did a post on May 16, 2018 that may help. There is also a guest post from December 15, 2021 that could help. In terms of the travel document, you can apply for a Refugee Travel Document using form I-131, available at http://www.uscis.gov. Unfortunately, the process is slow (maybe 10 or 11 months), but you can try to expedite that – I wrote about expediting on January 29, 2020. Take care, Jason
Thank you so much, Jason. I appreciate you!
Hi Jason,
What is your advice about renewing my national passport from the embassy of my country of origin, I am currently green card holder based on asylum?. May it cause any issues at the time when I apply for citizenship?
The travel document takes very long to be issued by the USCIS and it is just valid for one year.
Thank you
My clients often do that and no one has had a problem yet. However, if your asylum case indicated that you feared the home government (as opposed to terrorists or other non-state actors), you might be asked about why you renewed the passport and why the home government was willing to give you a passport. So you should be prepared to explain that if necessary. Also, it is better to use the RTD if possible, and I recommend people apply for it even if they end up using your passport – at least that way, you can show that you tried to get an RTD. Take care, Jason
Hello Mike, how long did it take to get the GC after you applied for it?
Hello Jason,
Three months after sending an email to the asylum office to request to have my asylum case withdrawn, they finally responded and sent me a form to fill out and send back to them. In that form, they are asking me the reason of my withdrawal and I want to know what would the the safest answer. I actually withdrew because I got a GC through my wife after waiting to be called for an interview for 6 years. Also in my application I did not give much info or supporting documents since I was waiting to be called and bring more evidence or info, so all they have in my application is the form the check where it asks based on what I am seeking asylum, and I selected political opinion. And now we have a new president for 3 years now and new people in the government so it wouldn’t be a problem if go back to my country today.
Thank you so much for your help.
Serge.
I meant I got a GC through the marriage with my US Citizen wife. Thanks
@serge
It’s so obvious you had fraudulent asylum case and now u say new president looool hopefully they will catch you at the citizenship exam im sure they will get you!
@asylum granted. It is so obvious? What are you talking about? You do not know my case and you cannot say that. What happened to me, has happened to so many people and will continue to happen to people. What do you expect when you are waiting for your interview for more than 6 years, and in few months it will be 7 years, and some other people have been waiting for 8 years? Do you expect that everything in their country and even from the applicant to be the same as it was 8 years ago? For your information it is happening to many people, and will continue to happen if people have to wait more 6-7 years. After all those years people live in the US, work and meet people and obviously many people will get married. Please try to be smarter than this next time. Thanks
@asylum granted. You should be ashamed of yourself for wishing me to be caught for fraud. Yourself you will be caught or get in trouble. How can you say something that you do not know? How can you assume things you do not know? Don’t you know that so many people have been waiting for their interview for 6 and even 7 years and still now they have not been called, and you expect their situation from 2014 to still be the exact same here in the US or in their home country? People work, meet people and get married. You should be ashamed of yourself and for your information many people have gotten married while their asylum application was pending and got married, got their GC and even citizenship, if they would have gotten in trouble they wouldn’t have been even approved for a GC then not for the citizenship. What they check is to see if the marriage is real, you would have had a better comment if you knew how the marriage GC interview and check was. Saying what you said makes you sound so miserable and sad abt your own life. And this group is against negative comments. Hope you sounds smarter next time you decide to comment on someone’s post.
In addition, it seems to me that asylum in your case served the purpose of protecting you when you needed it. So despite the total failure to adjudicate your claim, in this particular case, it helped you (of course, it may well be a different story for your countrymen, who might have family back home or who cannot return, and who are still waiting for an interview). Take care, Jason
There is no basis for this in Serge’s post whatsoever. People get married all the time. Governments change frequently. I am not sure how you possibly reach this conclusion. Take care, Jason
Asylum granted. You are a person like coming from hell. Stop talking like that. Bad heart will give you bad life. So embarrassing
You can just indicate that you got a GC through marriage and no longer want to pursue asylum. Include a copy of your GC, front and back. Also, even though you withdraw the asylum case, you should still be cautious about returning home – if the US government thinks the old asylum case was fraudulent, it could affect your status now. This is very unlikely, but not impossible. For this reason, you should be prepared to explain why you returned, and how you stayed safe (your explanation above seems pretty good to me). Take care, Jason
Thank you Jason. Yes I know I am not planning on returning home to stay on the safe side, I was just trying to explain my situation to you that is an expert. Thanks again Jason.
Jason, I am an asylee, I was granted in 2020, as of now waiting for my GC for more than a year by now.
My country passport will be expiring soon. I am not planning to renew my passport and I have a question:
For travelling purposes, should I apply and always use RTD? What if I will be denied a US passport in the future when time comes to apply for one? Will I have to keep using RTD in case I am denied a US passport? (I know someone who was denied and never renewed her home country passport).
Unfortunately, the GC process for asylees is very slow (we are seeing 2 to 2.5 years or more). The best way to travel is with the RTD, but the process to get that is also very slow. If you renew your passport and use that, it could create issues for your asylum status – you may need to explain why you renewed the passport and why your government was willing to give you a passport. If you fear harm from non-state actors (like terrorists) and not from your home government, then this is not a problem. But if you fear the government, you need to be more careful. While renewing the passport is very unlikely to cause problems, it is possible. In terms of the US passport, I do not know why that would be denied – as long as you qualify to become a US citizen, you can get a passport. But that will be a while, and so for now, it sounds like the RTD is your best option. Take care, Jason
Hi Jason,
I have a pending Asylum application since 2017.
Can my employer ask for expediting my EAD application?
How about my pending Asylum case? Can they ask for expediting so I get an interview sooner?
Best,
I think you have to ask, but you can get a letter from your employer in support of your request. I wrote about expediting asylum cases on March 30, 2017. If you are a healthcare work, I wrote about expediting EAD renewals last month. If you are not a healthcare worker, I wrote about expediting with USCIS in general on January 29, 2020. Take care, Jason
Hi Jason,
I have a pending I-765 based on a c(8) case. Nebraska received my case back in May 2021 and their processing times show as 6-8 months. I am currently in my 180-day extension period which will end on 2/21/22. I submitted an “outside processing time” e-request on 12/28/21 and USCIS did not provide an answer yet. I requested help from a state senator’s office (no answer yet). I will try to request to expedite my case this week based on loss of job, income, inability to pay mortgage, etc. I have 2 questions if you may answer:
1) What can I do if USCIS do not adjudicate my case until 2/21 (final due date)?
2) Can my employer keep me on unpaid leave during the period after the expiration date up until (hopefully) the issuance of renewed EAD?
Thank you in advance.
1 – If there is no new card, you cannot work legally any more. Working unlawfully has no effect on the asylum case, though it could affect certain other applications, if you are trying something in addition to asylum (such as getting a green card based on employment, for example). 2 – Yes. If the employer is willing to be flexible, that is very helpful. I am not sure what the rules are about unpaid internships, but maybe you could do that as well (for unpaid interns, employers can pay certain expenses like transportation and lunch). If you are a healthcare worker (or in a related field), you can try to expedite on that basis – I wrote about that last month. Take care, Jason
Hi Jason,
I hope you are doing great. I am kindly seeking your feedback about my current situation. I have applied for a green card through EB2 NIW on Feb. 20. I received the original EAD card that expired on May 21. I had applied for renewal on Feb. 21 and got the notice in the mail but never received a card. After six months, on Nov. 21, I applied for EAD renewal again and got the notice of action in the mail. I haven’t received a card in the mail yet. I recently graduated and I’m looking for a job and I need to have employment authorization. Please advise and help me with the possible approach strategies.
Thank you very much!
I am not sure I understand the question – what is the basis of the EAD? The pending I-485? In any event, I think you need to call USCIS and try to reach a person about not receiving the card. The number is 800-375-5283. The second EAD application is probably within the “normal” (and very long) processing time, and so calling will not help unless you have a reason to expedite. I wrote about that on January 29, 2020 – maybe that post would help. Take care, Jason
Hi Mr.Jason
I just get my asylum interview and it was the second one within one month after 6 years of wating by the end the officer explain to me that ill get the answer by mail and it will be either granted or refer my case to the court for a second chance.
my question who long does it take to get a decision nowadays and is it is normal for the officer to explain that my option is granted or court refers because of my feeling when he talks to me like prepare my to the court refer.
Thanks
The officers always tell you that at the end, so it is not a negative (or positive) sign. In terms of time, it is very unpredictable. Some cases take days, most takes months, and some take years. Men from Muslim countries tend to be the slowest to get decision, but not always. If there is nothing in a few months, you can contact them and inquire (you can find their email if you follow the link under Resources called Asylum Office Locator). Take care, Jason
Hi James,
My question is: i am pending asylum seeker. If i return my country and then after a while wants to back US and apply any US visas on consulate. Do you have any experience what is expect me and possible US Counselor touch or doesnt touch this case on interview?
If you leave the US, you should withdraw your asylum case. You can email the local asylum office to do that – you can find their email if you follow the link under Resources called Asylum Office Locator. If you do not withdraw the case, eventually, you will be scheduled for an interview. When you fail to appear, your case will be forwarded to an Immigration Court. If you fail to appear there, you will be ordered deported, which bars you from returning here for 10 years. Assuming you withdraw the asylum case and this does not happen, you can apply for a new visa to come to the US. I think you will likely have a difficult time for certain visas (B, F), which require that you have an intent to leave the US at the end of your visit. Other types of visas (H1b, L) do not have this as a requirement. Also, you may need to explain why you applied for asylum and then returned home. If the US government thinks the asylum case was false, they will almost certainly deny any type of new visa. You may want to consult with a lawyer about specifics, in order to maximize your chances of returning here, if you hope to do that some day. Take care, Jason
Hallo jeson
my girlfriend gave a birth to a child we both are under pending asylum/C8 category .Can we apply for
adjustment of status based based on that if so do we also have to get married first to request adjustment of status ?
Thank You !
Congratulations for your baby. However there is no benefit. You can’t apply for AOS.
Having a child in the US has no effect on your asylum application and generally does not provide any path to citizenship – the main way that would help is if you were in Immigration Court, had been in the US for 10+ years, and you have no criminal issues. You then have to show that your removal would result in extreme hardship to the child. That is called Cancellation of Removal and if you do not meet all those criteria, it does not apply. Talk to a lawyer about the specifics of your case if you think it might apply to you. Generally, whether you are legally married or now would not make much difference in this situation, but again, depending on the case, it might. Take care, Jason
Hi Ali,
Congratulations!
I have asked my congressman for help with an expedite request for I-485 application. I was wondering how long did take the USCIS to reply back to you with the approval after you submitted your request? .
Also, did you submit your request through the USCIS customer service phone number or submitted it directly to the USCIS field office?
Thank you
Hi Jason,
I hope you will e fine and healthy, thanx again for your honesty towards the asylum seekers ,
My question is , I am a pending affirmative asylum applicant since 2016, I applied to renew my ead in last September and I recieved a notice of acceptance for the renewal and I got 180 days extension period. Now when I applied to renew my driver’s license which was expected to expire as well I have been given a liscence valid for next four years instead of for only 180 days which was the common practice for MVC before due to nature of our status as C8 category. So what’s your stance on this because I also asked about it from a friend who is in the same situation and waiting for his interview since 2015 as I am waiting for since 2016.
I am happy by getting driver liscence valid for next 4 years and hoping that it might be an indication of something good regarding our case. What’s your say please?
I doubt it is related to the immigration case, but I do not know for certain. But if you have not been interviewed for asylum, the asylum case cannot be approved (unless they make a mistake), since an interview is required by the asylum law. Maybe you can email the asylum office to ask whether there are any updates about the status of your case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Asad I have a question for you, what state you in? thanks
Hello,
I filed my defensive asylum application with the help of my daughter. I have my receipt and everything and after waiting the 180 days my application for EAD was denied two times already. After checking with the EOIR, it states there is no clock in my case. My case keeps getting postponed but it has never been my fault. I always attend every date that I have but they keep moving my case to a different date. Is there anything I could do to fix my clock ? because i know i have not caused any delays. Your opinion would be greatly appreciated. Thank you. We have been here for more than a year, and our situation is terrible without any type of documents since they took our passports when we entered through the southern border. Thank you.
If you did not do it, you should Google “defensive asylum in immigration court” and follow those directions. This will get you a biometric/fingerprint appointment. Possibly, that is one problem, but fixing the clock is a real difficulty. One option is to go to the court and try to talk to someone at the window. The problem is that they rarely answer the phone and it is not possible to email (unless you already have their email address). Basically, you need to ask the Court Administrator to start the clock (assuming that you are eligible to start the clock). Depending on the court, there may also be a designated person to talk to. Honestly, I would recommend you try to get some legal help, as it is very difficult to navigate this system, even for a lawyer. If you cannot afford a lawyer, I did a post about finding a free lawyer on September 22, 2016. Take care, Jason
My request for expedite processing of my application for adjustment of status (I-485) was approved. The information was shared with my congressman’s office. How long can it take now for the green card to be approved?
I do not know, but it is sometimes not as fast as you would hope. If they gave your Congressperson a time frame, you can check that. If not, and if there is no movement in 30 days, maybe reach back out to the Congress office to see what they say. Take care, Jason
Hi Ali,
Congratulations !
I have asked my congressman to help with an expedite request for my I-485 as well. I was wondering how long did it take the USCIS to reply back to you with the approval after you submitted your request?
Thank you
Hi Ali,
Congratulations!
I have asked my congressman for help with an expedite request for I-485 application. I was wondering how long did take the USCIS to reply back to you with the approval after you submitted your request? And also did you submit your request through the USCIS customer service phone number or submitted it directly to the USCIS field office?
Thank you
Hi Ali – Thank you for sharing this information. When did you apply for your green card? What is your processing date and how long did it take for the expedite request to be approved?
Hi Jason,
I made an investment in crypto money. The owner of the company and CTO run away with all the money. The CTO is working in an American Company in the USA and he is an immigrant. How can I let the government about him that he was involved in a felony and stole more than $3.000.000?
I am planning to file a case about him but I also want to let the government about the situation.
Kind regards,
I do not know, but I imagine there are government entities that investigate and prosecute fraud – maybe contact the US Department of Justice. If you call the main number, they should be able to direct you to the correct office. You might also seek assistance from the local police – maybe they can make a referral to a state agency. Take care, Jason
I have started a Qualtrics Survey for all those who have been granted asylum but are awaiting adjustment of status. This survey seeks to compile all the emotional, financial and career related implications of the slow processing times at USCIS in the processing of I-485 applications, which would later be shared with journalists working in the domain of immigration.
Link to the Survey: https://cornell.ca1.qualtrics.com/jfe/form/SV_eULBpgUsDLqJnzE
That’s great – I hope many people will answer, as it will help bring attention to this issue. Thank you, Jason
Hello Jason, I am an asylee. One of American friends is applying for federal security clearance. According to him, he must disclose me as a “foreign contact” on his application. I have no problems with that but I do not know what kind of information he has to provide about me on this form. My only concern is that if he unintentionally makes a mistake about me in terms of my country, my languages, my immigration status or anything else, do I have any legal liability here?
I did not accept to be on this form but he said he must disclose me as a “foreign contact”. I have not done anything wrong but I am just worried about my immigration status.
I doubt that would have any effect. I have done the security background check, but it was years ago, and I do not fully remember who needs to be disclosed (I know roommates do, since at the time I had a foreign born roommate). I do not see how this could have any adverse affect on your case, but if you are comfortable asking, maybe you can get a copy of any information he gives about you to the government for the check. At least that way, you will know what he told them. Take care, Jason
Did anyone apply for expediting their case? How was the experience?
Hi Joana I did that and all that I can advise you to do it by thought very good and honest lawyer only, tow loyer did it to my case without any success then and by chance, I helped someone and he did it for me and its work I get approved for an expedited appointment.
Hello Jason, what is going on with the asylum based green cards? They are taking longer than usual. Also what is going on with EADs? Has USCIS clarified what is going on?
On the other hands, Marriage based- green cards and naturalization case are moving faster? so there is clearly something going on with USCIS processes.
I imagine it has to do with how USCIS distributes resources, but it seems they are prioritizing naturalization and not prioritizing anything else (I have not seen marriage-based GCs going particularly fast). I keep hoping that they will get their act together, especially given there are some easy changes they can make to reverse Trump-era rules on EADs, but so far, we are still waiting. Take care, Jason
Hi Jason,
My Asylum status was approved on May 17 2017 and subsequently I received my Green Card on 8th June 2018.
When shall I be eligible to file application for naturalization ( Form N-400)? Will the 5 years eligibility criteria be counted from the day my Asylum status was approved? What are the documents that needs to be submitted along with Form N-400? Further What is the normal time to process the application after submissions of required documents?
Thanks.
James
You have to look on the Green Card itself, which should say “Lawful Permanent Resident since” some date. From that date, you can file the N-400 after 5 years, but you can actually mail the form up to 90 days early, so that would be about 4 years and 9 months after the date on the Green Card. In terms of documents, it depends on the case, but at a minimum, you need a copy of your GC (front and back), copy of passport and birth certificate (if you have them), copy of divorce documents if you were ever divorced, 2 passport style photos, and the fee. We also usually include the order granting asylum. Other documents may be needed depending on the case, and so talk to a lawyer if you are not sure. We are seeing processing times for most citizenship cases take less than a year, though obviously, it varies by case. Take care, Jason
hi json thank you for your help
i applied to renew my EAD but i didn’t get a receipt of the application letter .But i confirmed that USPS has already delivered it to them. Is there a way to call them and check ?
Receipts are taking about a month, and so I think you just need to give them more time. If you do need to call (it is not easy to reach a person), the number is 800-375-5283. Take care, Jason
Hi json thank you for you help!
I applied for work permit 2 weeks ago but i still did not receive notice of received .Is there a number that i can call them ?
Receipts are taking about a month, and so I think you just need to give them more time. If you do need to call (it is not easy to reach a person), the number is 800-375-5283. Take care, Jason
Hello Json
My EAD application is returned for missing information in the form .Does that mean i have to repay the
410 $ and the SSN 89$ again ?
Hopefully, you received your money back. In terms of the fee, it is $410 + $85 for biometrics. You can avoid paying the $85 and just pay $410 if you are a member of ASAP or Casa de Maryland. I wrote about those organizations (with links) on September 23, 2020. Otherwise, you have to pay the full $495. I am not sure what you mean by “SSN $89”, but I think you are referring to the $85 biometrics fee. If you did not receive your money back, you need to review the letter you got from USCIS – it should explain whether the case is pending or denied. If it is pending, you should not need to pay the fee again but if it is denied, you probably do need to pay the fee again. Check the letter carefully to see what it says. Take care, Jason
Hello Jason,
thanks for your great advice ,
May I ask if there is a delay in issuing AED for the first time? we just apply for it after completing 150 days based on a pending decision of asylum.
Usually how long does it take?
Thanks
Mac
If you are a member of ASAP or Casa de Maryland, most people seem to get the first EAD in a month or two. Renewals are much slower (10 or 11 months). So hopefully, you will get it soon. Take care, Jason
Hey Jason,
My asylum case was approved by the judge through the individual hearing. I’m now trying to bring my wife and children to the USA. My question is if I move to another state now will the procedure of bringing them take longer or not?
It should have no effect, but make sure to file a change of address, form AR-11, available at http://www.uscis.gov for each pending form you have with USCIS. Take care, Jason
Hi Jason, every month consular offices share visa statistics and every quarter uscis post some stats. I can see how many visas were issued under what catagory for which visa type from these stats. But I haven’t seen any stats related to V92/V93. Where can I find monthly V92/V93 issued charts or something like that?
I have not seen those number either, and I do not know where they might be. There is a link under Resources called I-730 Family Reunification Manual. Maybe there is some info in there (I think not, but maybe). Otherwise, the only way to get them may be to do a Freedom of Information Act request. Take care, Jason
Hello Jason, I wanted to ask about applying for social security disability benefits. I am an asylee and I have PTSD with sometimes sever symptoms. I was advised to apply for social security disability benefits. I am not sure if my application will be approved or denied, that is the decision of social securitty adminstraiton. my question, would applying for or receiving social security disability benefits affect my current status as an asylee or future status like Green card application or naturalization??
Getting any type of benefit would have no effect on your future immigration applications, as long as they are based on asylum, since asylees are not subject to the “public charge” rules. We did a post on December 15, 2021 about benefits for asylees, with a link to an agency that helps with such things. You may want to contact them (they are free and a non-profit) to see whether they can assist you. Take care, Jason
Hi Jason, I applied for I-485 in June 2019 in the texas service center(My location is in VA). When I checked my status online, now it says “Case Transferred To Another Office for processing and sent you a transfer notice. The notice explains why we transferred your case. Please follow the instructions in the notice.” What does this mean? Is this a common thing?
It is very common for cases to be transferred between offices. Hopefully, it means they are processing your case. I-485 applications for asylees have been going very slowly, but you should be hearing something from them soon, as we see cases take maybe 2 years or a a bit more, so you hopefully, you will see some actual movement soon. take care, Jason
Hi Mr. Jason
I have pending asylum case since 4 years can I apply to my children 11 and 16 year old for ssn and they are in school and if yes what I need and wich form I can use please.
If they are in the US and dependent on your case, you should be apply to apply for them to get work permits and SS cards using form I-765, available at http://www.uscis.gov. The first work permit is free and you can also request the SS card on the same form. Many parents get the first work permit for a child, but only renew it (which usually costs money) if the child needs it. As long as you (the principal applicant) have your work permit, your children should be eligible if they are dependents on your case. Take care, Jason
Dear Jason
Thanks for all the help , I have a question regarding renewing EAD, In the field where it says : in care of and your physical address, if I want my card delivered to a different address than mine now, I’m moving out of my current address soon, and don’t know where I will settle down , you think I will have the card delivered to My friend s address? If so witch one should I fill out with my Friends address? In care of right? Thanks again
There is a place on the form for your mailing address and you should list that and also list your physical address. For the mailing address, if it is your friend’s place, list that person in the “in care of” box. Take care, Jason
Hi Jason,
My husband filed out his I- 485 for Green card request based on granted asylum in January 2021. Is there any ways for expediting the GC process?
Thanks,
Mano
It is not easy, but he can try – I wrote about that on January 29, 2020 with some ideas and links. Take care, Jason
Hi Jason,
I’m confused while filling out my I-485 for Green card request based on granted asylum
On Part 1
If you were issued a form I-94 Arrival-Departure Number
26.a A form I-94 Arrival-Departure Number _______________
26.b Expiration date of Authorized stay shown on form I-94
(mm/dd/yyyy)_ _____________
I have two I-94 numbers :
1sr-I-94 issued to me on last arrival to USA and have expiration date
2nd -I-94 issued when my asylum grant and no expiration date
My question is which one is appropriate I-94 for I-485 for Green card application.And the second one has no expiration date and 26.b section is mandatory to fill out the expiration date.
Thanks for your usual support !
I think it does not matter. I think some questions refer to your entry to the US, in which case you should use the original I-94, but if the question is referring to your most recent I-94, you can use the asylum I-94. Either way, you should include a copy of both I-94 documents in your I-485 packet, and so USCIS will have all the info they need. Take care, Jason
Hi Json
can I submit EAD renewal and Address change form at the same time. because i moved to another state and my EAD is expiring soon .
Yes, but you should include the new address on the I-765, since it seems like you already moved. And so the AR-11, change of address, is only for the asylum case (I am assuming that you have a pending asylum case). Take care, Jason
Thank you!
Have a blessed day!
Good Morning! I entered the US legally as a tourist but my child entered through the southern border. I am about to introduce my asylum case and was wondering if I can include him in my affirmative asylum. Or do I need to file a case for him? Do you represent clients who live in other states?
You can include him on your I-589 (and in fact, you are required to). If he is not in immigration court, you can include him as a dependent on your case, assuming he is under 21 years old and unmarried. If he is already in immigration court, the asylum office does not have jurisdiction over him. In that case, maybe you can get the court to dismiss his case so he can be a dependent on your case. If they will not do that (and there is a good chance that they will not), then if you win your case, you can file an I-730 for him and he can get asylum from you in that way. I would talk to a lawyer about this, as it is a bit tricky, and it would probably be better if you could add your son to your, if that is possible. Take care, Jason
Hi Jason – I know that Asylum applicants get EAD after 180 days. But wanted to know if there’s any ways to expedite it so you get before 6 months?
Thanks!
You can try – I wrote about that on January 29, 2020. Also, I plan to post something about the new expedite rules for health care workers soon. Take care, Jason
Wondering what are the possible options that USCIS would consider as expedite reasons?
I did a post about this on January 29, 2020 and that might be worth a look. They have also released new criteria very recently. You can see that here: https://www.uscis.gov/newsroom/alerts/uscis-updates-guidance-on-expedite-requests. I do not think it is all that different (except for making it easier for healthcare workers to expedite), but I have not read it very carefully yet, so maybe take a look and see if it helps you. Take care, Jason
Hi Jason. I have a quick question. So as an asylum applicant and if you are in removal proceedings and the case is in the court. My employer can not sponsor me to get the green card right? without leaving the country. Also as I understand there is no exception right even if you entered to the country legally with a valid visa?
Thank you.
I wrote more about this on August 28, 2018 and August 6, 2018. Most likely, this would not work without leaving the country, but maybe it is possible (under a section of the law called INA 245(k), which I discuss in one of those posts, or possibly INA 245(i), if you were in the US since before December 2000). Again, I think it is very unlikely to work, but you could have a lawyer review the specifics of the case and evaluate whether it is a possibility. Take care, Jason
Hi! I was granted asylum in court but I entered the US through the southern border. I have been told I cannot apply for a green card after a year from the asylum approval because of the way I entered. Is that true? Thank you
That is not true – you can apply normally. However, if USCIS were to come back to you and state that you need a “waiver” (forgiveness for doing something wrong), you would need to do that. For asylees, it is basically easy, and my guess is that you will not need it if your only “sin” was entering without inspection, but you never know. If you do need it, talk to a lawyer, but this waiver is generally easy to receive and it would solve this problem (but again, I suspect if the illegal entry is the only issue, you will not need a waiver). Take care, Jason
Hi Jason, I’ve submitted I-730 for my family in January 2019 at Texas Service Center. It’s not approved yet. 4-5 months back, It got transferred to NY local office. Is it a sign of delay? What could be the reason for this transfer?
If your family is in the US, it makes sense that the case would be transferred to a local office in order to arrange interviews for your family members. If they are overseas, maybe the transfer is just because of distributing work loads between different USCIS offices. If the case is outside the normal processing time, you might make an inquiry with USCIS (see USCIS Help under Resources or call them at 800-375-5283). If that does not work, make an inquiry with the USCIS Ombudsman (a link is under Resources). They sometimes help with delayed cases. Good luck, Jason
Jason, I have applied for i-485 about a year ago, with the current backlog I think it will take up to 4 years to process my case.
Do you think I can request Ombudsman to facilitate my case? Do I need to have emergency situation in order to ask Ombudsman?
I am in the same boat. Been waiting on my case for 3 years now. Jason what years are they processing now?.. if you have clients that have their applications processed lately. The USICS website updates every 6-months, so it’s hard to tell what cases they’re processing as of now.
If you check http://www.uscis.gov and look at processing times, I think it says they are processing cases from May 2018 (at the TSC for asylee adjustments). Most of our cases seem to go a bit faster than that, but it is difficult to say and some cases go slow while others go (relatively) fast. Take care, Jason
The Ombudsman generally will only do anything if the case is outside the normal processing time. If you do have a reason to expedite, it is best to start with USCIS (I did a post about this in January 2020). Also, we have been seeing asylum-based adjustments take maybe 2 years, so hopefully, it will not take you 4 years (although the posted processing times indicate a potentially very long wait). Take care, Jason
Hi Jason. Thanks for all your help. I have a question. So when I apply to renew my work permit 6months before the expiration. My current EAD will be automatically extended for another 180day right? So how can I show to the DMV’s that I have extended work permit for another 180days to renew my CDL? Thanks again.
The receipt itself indicates that the old EAD is extended for 180 days. Also, this web page can help: https://www.uscis.gov/working-in-the-united-states/information-for-employers-and-employees/automatic-employment-authorization-document-ead-extension
Remember that the automatic extension applies only if you file to renew before your current EAD expires (it sounds like that is your plan). Take care, Jason
Hi Jason – When one gets EAD renewed; the card/EAD number stays same or its different w/ every renewal?
The Alien number stays the same, but there is a separate card number, which may change – I’ve never really looked at that. Take care, Jason