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
Jason, I have a GC based on asylum.
But I have a question:
My wife is the principal asylum applicant and my wife and I are from different countries.
On my GC I have a code AS6 which I think means principal asylum applicant although I am derivative applicant.
Does that mean that I can have issues if I go back to my country since I have AS6 code on my GC even though I did not seek asylum from my country?
Thank you.
Hi Jason, I hope you are doing great, my boyfriend has been living in Germany as a residence permit holder since he applied for asylum in 2019. If he comes to USA and we get married would it be possible to add him in my asylum case in U.S.?
If you are legally married and he is in the US, you can add him to your pending asylum case. The process is often very annoying and slow, but if you persist, it will eventually work – the first step is to email the local asylum office and ask them about what to do. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
I am not sure about that code, but if you are a derivative, and especially if you are from a different country as the principal, there should be no effect if you return to your country. Maybe to be safe, keep a copy of the asylum application (or at least the form and receipts) available in your email or somewhere that you can access them if you need them (to show upon return to the US, for example), but I think you should be fine. Take care, Jason
Hi Jason
Firstly thanks for all your help. So my asylum case has been pending for a while now I am trying to file for an employment based adjustment of status. My question is if I start the process on the side would not have any side effect to my asylum case right? My other question is if I hire a different lawyer for employment based green card process will there be any difficulties or any other bad effects for my both case?
There should be no effect on your asylum case as long as everything is consistent. You certainly can use different lawyers, as many lawyers would not have expertise in both areas. But it is important that each lawyer knows what the other is doing and has a copy of the file for the other lawyer’s case. Take care, Jason
Hello Jason,
I was able to call uscis today and get an agent who gave me a receipt number for ead renewal even though I did not received a notice on the mail as it said it was mailed to me on Feb 16 when I checked online. I also check my main case status pending since Nov 2017 and it says next step is an interview and nothing else, before it use to say that plus the number of days the case has been pending with uscis. Is this new for everyone or does it mean something else for my case.
Thank you for prompt reply
I think that is the same for everyone, but I do not remember – maybe someone else here would know. If you did not receive a receipt, you may want to file an AR-11 change of address form, available at http://www.uscis.gov, to make sure USCIS has your most recent address (assuming you moved since you filed the application – if you did not move, maybe it is a problem with your mail delivery and you should try to resolve that, or maybe get a PO box). Take care, Jason
Thank your for your prompt response. I have other concern please.
I did verify the address they have in file for me and the agent told me it shows the current address. I will check with the post office as I never had issue with mail since I moved. And mail send to former address are usually ads mail only.
You can file a request with Uscis when a document or mail is missing in this case my notice of acceptance, I made a mistake on A# (missing 1 number) when filing and wanted to correct it but am not allowed until after 30 days ( because a duplicate request was find with same case number) do you thing this can affect the outcome anyway?
On my previous message the number I refered to is the EAD clock; can the fact that it is no longer appearing can have any effect on my EAD renewal? Hopefully other bloggers can check theirs and enlight me.
Thank you again and have a wonderful day.
I am not sure what you mean about a duplicate request. It seems to me that if the A number was wrong, unless USCIS can figure it out, they cannot process your case, and so I think you have to call to try to correct the issue: 800-375-5283. For the clock, as long as it already passed 180 days, there is no effect. Take care, Jason
Hi Jason,
The officer who said, “Go home, and I will call you”, he never called us. We are in our second week. Following your counsel, today we were able to schedule a new appointment for my wife and I to get our I94 after the immigration judge’s final order. Do you recommend us taking an attorney with us or it is okay if we go there on our own? What would you recommend us say to a new officer or maybe the same? Do you think it is wise to discuss the previous officer’s failure to call us? Thank you for your tips, advises and your overall help. We appreciate you!
I doubt an attorney would make a difference here. It is not surprising to me that the officer never called, but it is disappointing. I think you can mention that you tried previously but did not get a call back. I would mention it, but not in a way to blame them; just to inform them that you have been making efforts for a while. And of course be polite. Good luck, Jason
Thank you, Jason. Of course humility is the core at the USCIS and everywhere 🙂
Greetings Jason,
After 2.5 year, my Green Card has been approved and received it last week from TSC. I got my Green Card from my husband as I was derivative Asylee on his case.
I filed my own asylum case long back ago at New Jersey Asylum Office which is currently in pending status. Now I received my Green card, I’m planning to withdraw my case from New Jersey Asylum Office.
Jason, can you please advise me on this ?
What are the steps needed to withdraw my case ?
Each office has a different policy (or so it seems), so you have to email them to ask. You can find their email if you follow the link under Resources called Asylum Office Locator. Probably if you send them a copy of the GC front and back, and tell them you want to withdraw, that will be enough. Take care, Jason
Jason,
You’re blog dated 08/2018 mentioned –
exceeded 180 days due to a “technical violation” or through no fault of the alien – and potentially, this could include a person with a pending asylum case)
Who potentially qualifies with pending asylum due to technical violations?
I read somewhere that if petition for asylum was filed when the person was in a valid non immigrant status and application is still pending does qualify for AOS under EB visas.
Please advise
I think you are referring to INA 245(k), which allows certain asylum applicants to adjust status and get a GC without leaving the US, even though they are no longer in status. This is only for employment based categories, and so if you are applying for an EB green card, you should talk to your lawyer to see whether you are able to take advantage of 245(k) and get a GC without leaving the US. Take care, Jason
Hi, Jason, I appreciate your great work. My case decision has been pending for almost two months since the asylum interview in LA office. Today, I received an email reply of my previous inquiry from LA office. The officer only said “Your case remains pending with our office”. Does it mean that my case background check was completed and not sent to the Headquarters office? Thanks for your help!
I would not read into that message, as it could mean different things. All they are saying is that the case is still pending, which you already know. Like most of their messages, it is unhelpful. Also, decisions for many cases seem slow these days, and so the wait time is not unusual. Maybe inquire again if there is nothing in a month. Also, I did a post about this issue on June 2, 2021 with some other ideas. Take care, Jason
Hi Jason,
Hello everyone,
I am new here, I hope I can find a solution to my immigration case through your advice and help others on my behalf.
I have been in this country for over 7 years waiting for my asylum interview with USCIS with legal entry to the country (B2 Visa and I-94), I applied for my political asylum just before said I-94 expired. Additionally in July 2021 I applied for TPS (TPS, EAD and Travel Permit). In July 2021 I applied for the EB2 N.I.W visa (I-140). My I-140 for EB2 N.I.W was approved on March 24, 2022.
Now, this process is nothing new for me and my family because my father (main applicant) applied before me and under the same immigration conditions as me to the EB2 NIW visa (I-140) which was approved in March 2019 but his AOS was denied by USCIS many times after RFE for status verification. My father has gone through all kinds of administrative processes to reconsider his case based on memorandums of law such as matter of L-K, complaints, motions and is currently suing USCIS in federal court (awaiting hearing).
The paradox of the case is that my mother (beneficiary or derivative applicant) of the AOS was processed without any inconvenience by USCIS even reaching the final interview but her case was denied because the main application (my father) was denied.
The system shows a lot of inconsistency, and from what I can see the approval or denial of your case can depend on the location of the processing, the circuit where you live, juridical and even the discretion of the officer reviewing your case. In other words, it is a bit unfair due to the number of adverse factors.
I would like to receive any kind of suggestions or opinions I am open to read them and I hope they will be helpful to everyone.
Additionally, my wife has immigration status through E2 visa and is not included in my case for political asylum or TPS, which means that if we decide to do an AOS and the case is denied she will have 30 days to leave the country without any type of immigration relief or support.
I have also evaluated doing the consular process with NVC but the processing time for the I-824 is very long and can vary significantly from the processing center where your case is received without any benefits during the process for my wife such as a work permit. If my TPS case is approved I will be able to use my travel permit to go to the consulate of my country but when I leave the country I would be giving up my political asylum case and if something goes wrong at the embassy I would only be protected by the TPS.
Hi Jason, a big and reputable international U.S. based non profit organization offered me a great job. They work in the field of public health and family planning. They have programs in about 50 developing countries but they do not work in the United States. They support safe and legal abortion in developing Countries where abortion is LEGAL. In addition, my role is to support their headquarter team so I won’t have any direct role in abortion at all. Would working for such an organization pose any legal problems for me or my asylee status now or later when I apply for citizenship?
Based on my research, the answer is definitely NO but I wanted to double check with you and learn from your attorney and immigration perspective. By the way, I read your article from 2011 where you advocated giving asylum to women and healthcare professionals from Nicaragua because they face of persecution as a result of their involvement in abortion.
I can’t see how that would have any negative effect at all on your immigration status. As long as you are not doing anything illegal, and it certainly seems that you are not, you should be fine. Take care, Jason
Hi Jason,
I applied for asylum in 2016 and my interview is still pending.
My company decided to apply for employment based green card for me. I have my perm approved and we just need to file the I-485 now.
I know I need to withdraw my asylum case but my question is should I withdraw the case now or should I wait for the I-485 to be approved first before withdrawing my asylum case?
Do you think the pending asylum case might effect the employment based I-485?
Thanks,
You have to make sure you are eligible to get the GC by filing an I-485 or whether you have to leave the US. Assuming you are eligible for the I-485, at least my practice is to wait until the person receives the GC and then withdraw the asylum. I do not do business immigration cases, though, and so you should talk to a lawyer about that to see what they think, but in general, it is better to not withdraw the asylum case until you have the GC (and unless you have some other status, they will not let you withdraw the asylum case unless you have another status). Take care, Jason
Hi!
I am new here, I hope I can find a solution to my immigration case through your advice and help others.
I have been in this country for over 7 years waiting for my asylum interview with USCIS with legal entry to the country (B2 Visa and I-94), I applied for my political asylum just before said I-94 expired. Additionally in July 2021 I applied for TPS (TPS, EAD and Travel Permit). In July 2021 I applied for the EB2 N.I.W visa (I-140). My I-140 for EB2 N.I.W was approved on March 24, 2022.
Now, this process is nothing new for me and my family because my father (main applicant) applied before me and under the same immigration conditions as me to the EB2 NIW visa (I-140) which was approved in March 2019 but his AOS was denied by USCIS many times after RFE for status verification. My father has gone through all kinds of administrative processes to reconsider his case based on memorandums of law such as matter of L-K, complaints, motions and is currently suing USCIS in federal court (awaiting hearing).
The paradox of the case is that my mother (beneficiary or derivative applicant) of the AOS was processed without any inconvenience by USCIS even reaching the final interview but her case was denied because the main application (my father) was denied.
The system shows a lot of inconsistency, and from what I can see the approval or denial of your case can depend on the location of the processing, the circuit where you live, juridical and even the discretion of the officer reviewing your case. In other words, it is a bit unfair due to the number of adverse factors.
I would like to receive any kind of suggestions or opinions I am open to read them and I hope they will be helpful to everyone.
Additionally, my wife has immigration status through E2 visa and is not included in my case for political asylum or TPS, which means that if we decide to do an AOS and the case is denied she will have 30 days to leave the country without any type of immigration relief or support.
I have also evaluated doing the consular process with NVC but the processing time for the I-824 is very long and can vary significantly from the processing center where your case is received without any benefits during the process for my wife such as a work permit. If my TPS case is approved I will be able to use my travel permit to go to the consulate of my country but when I leave the country I would be giving up my political asylum case and if something goes wrong at the embassy I would only be protected by the TPS.
I am not sure exactly what your question is for your father. It seems to me that a lawyer would need to specifically review his situation to see whether anything can be done. Based on what you wrote, it sounds like he might be eligible to adjust status based on INA 245(k), but I do not do such cases and a lawyer would need to review the situation to give you a better idea. In terms of your wife, you could add her to your asylum case if you want. Then she can remain here lawfully even if her visa expires (and even if you adjust status, your asylum case does not go away, and you can continue to pursue that case for her benefit as a dependent). In terms of you consular processing, you need to talk to a lawyer to look into that. It may be possible, especially given that you have TPS and so it is probably easier to get Advance Parole. I did a post discussing this situation on September 6, 2018 – maybe that would give you an idea, but you would need to discuss the specifics with a lawyer to figure out how best to proceed. Take care, Jason
Do you qualify for AOS or you have to leave the country for counselor processing?
I heard you need to have a valid non immigration status when applying for AOS. Pending asylum is not a status
INA 245(k) is an exception to the normal rule that you have to be in status. However, it is tricky and you need to talk to a lawyer to determine eligibility. Take care, Jason
Jason, have you heard anything about Asylee Green Cards? I heard they are processing those applications and there is progress but no official news. It is very stressful to have to wait again after the asylum wait. Any insight about asylees adjustment of status based on your clients would be appreciated. thank you.
They have been very slow (2 or 2.5 years for most; sometimes longer). Very recently, we received requests for medical exams for a number of our applications, and so maybe this is a sign that things will start to move a bit faster; or maybe it is just a coincidence. Take care, Jason
Hello Jason, I am filling out a college application and there is a section called: Alien Registration Issue Date?
What is Alien Registration Issue Date? I looked through all my document and I could not find it. I know that I have an Alien Registration Number and I know what that is but an Alien Registration Issue Date ?? I could not find this anywhere. I am an Asylee, could this be the date on which my asylum was granted?
I have no idea. I suppose you can ask the college, or maybe just put the date you got asylum if you think that is what they want. Take care, Jason
hi,
thanks for your help!
my EAD card expired and I applied for renewal.
i got a receipt notice on June 21, 2021,
I still didn’t receive the card by mail and the 180 days
extension is over as well.
I’m at the risk of losing my job right now because of that situation and not being able to renew my driver license.
I cant get anyone over the the phone, online or by email. what else can do?
is there any way to reach USCIS and explain them the situation?
I did a post about this for healthcare workers (January 19, 2022) and a general post about expediting with USCIS (January 29, 2020). However, either way, you need to try to call them and reach a person (800-375-5283). This is not easy, but if you keep trying, you may have luck. There are different ways to get through the phone maze that blocks you from reaching a person. One way is to say “Info Pass”. There are others too – maybe you can Google around. Unfortunately, it is very difficult, but most people have luck if they keep trying. Also, be aware that unless you are a healthcare worker, you need to show real evidence of hardship, such as losing your job, which will cause you to lose your home, or some other problem worse than just losing your job. Good luck, Jason
Hi Jason,
The judge granted us asylum which is final decision, and no appeal was made. Then we went to the local USCIS office to get asylee status, but the officer said, “When this happens, there are things we check on our side from the court. I tried to call the court this morning, but I couldn’t reach them. So, now go home, and I’ll call you.” He told us his name, and got our physical address from our IDs. Is there a thing like a USCIS office checks with the court once the court has a final decision passed on or the officer is having a bad day and projecting it on us?
Really was confused!
Thank you so much for your help!
I am guess you Google “post order instructions in immigration court” and followed those? So this incident occurred during an InfoPass appointment? It may be that USCIS does need something from the court that they do not yet have. Maybe they will even call you when they have it. I guess if there is no news soon, you can make another appointment and try again. Normally, it does not happen this way and they can take care of everything when you go there, but I suppose what happened is not very surprising and hopefully it will be resolved soon. Take care, Jason
Hi Jason,
I did Info pass appointment and waited for about a month, received a call from the officer, and were in person at the USCIS office. I just heard that the court had a major water leak in their building and were closed for several days. I will give it time, and like you said, I might need to reschedule if this officer fails to call us. Thank you for sharing your thoughts, Jason! I appreciate you!
Hi Jason,
The officer who said, “Go home, and I will call you”, he never called us. We are in our second week. Following your counsel, today we were able to schedule a new appointment for my wife and I to get our I94 after the immigration judge’s final order. Do you recommend us taking an attorney with us or it is okay if we go there on our own? What would you recommend us say to a new officer or maybe the same? Do you think it is wise to discuss the previous officer’s failure to call us? Thank you for your tips, advises and your overall help. We appreciate you!
I doubt an attorney would make a difference here. It is not surprising to me that the officer never called, but it is disappointing. I think you can mention that you tried previously but did not get a call back. I would mention it, but not in a way to blame them; just to inform them that you have been making efforts for a while. And of course be polite. Good luck, Jason
Hi Jason,
I need your advice please, I am really depressed with the 7 years wait here for asylum interview and away from family, lost father and wasnt even able to meet my mom in a third party country, expired passport that means no Adv. Parole, inquired about my case at uscis and they have not responded, expedited and no response for
4 months now. Situation back home is very dangerous. Please advise how can I get out of this hole. With increasing number of refugees around the world and uscis is insiting to use LIFO. That’s unfair and inhumane.
Thanks,
You can try to expedite your case. I did a post last week about that and also on March 30, 2017. Attempting to expedite is really the only option, and if that fails, you can try a mandamus lawsuit. The wait is very difficult and many people are suffering – I wrote something about that problem on January 9, 2018 – maybe that would be of interest. Take care, Jason
Hello Jason,
After I received my asylum approval letter recently I moved to a new address and mailed the form ar-11, today my case status changed to decision mailed but I already received my approval letter few months back. Is it because I mailed the ar-11 form a week ago? Am I allowed to mail the ar-11 form? Please explain me.
Thank you.
It is probably meaningless. You are allowed to mail the AR-11. However, you should probably submit it online, as that gives you an automatic confirmation that you filed it. But if you cannot do that, I expect it will be ok. Hopefully, you have some proof of mailing or a copy of the filled form for your record. Take care, Jason
Thank you so much for letting me know. I received my approval notice,i94 and A05 EAD few months back and yesterday I received an email that my decision is mailed for i-589 and also when I check the case status online it was decision mailed. I am so confused are they sending me another decision letter?
I think the online message is out of date. I doubt they will be sending you anything else. I guess you will find out for certain in the coming days, but I would be surprised if you received any other mail from them. Take care, Jason
It looks like that GC processing times for Asylees keeps going up, it used to be 12 months to 24 months now it says 25 Months to 52 Months.
I thought it would improve but it is getting worse. The whole immigration system is so messed up.
Please share your thoughts.
The system is a disaster. A few types of applications have gotten faster (citizenship), but many – including GCs for asylees – have gotten worse. I wrote about expediting cases at USCIS on January 29, 2020 – maybe that would have some ideas for you. Take care, Jason
This blog is a great resource. I am helping someone with an asylum application who missed a biometrics appointment around a year ago. We called USCIS, but since the asylum application is with the court, they said they couldn’t see it and were unable to help us. Have you had any luck rescheduling biometrics now that you can’t mail in a form? I don’t think she’ll be able to get a work permit without doing that appointment. Thanks.
Probably the best option is to Google “pre-order instructions in immigration court” and that should give you a PDF about how to get a biometrics appointment for a court case for asylum (form I-589). Maybe you can also try calling USCIS if the person had an appointment previously but missed it (the number is 800-375-5283), but it is difficult to reach a human and I kind of doubt they will be helpful. You can also call 800-898-7180 and enter the person’s Alien number. The computer will give you an option related to the asylum clock, to check how many days have passed or if there even is a clock. If 180+ days have passed the person is eligible to apply for an EAD. If not, getting the biometrics will not automatically start the clock – you will probably have to communicate with the Immigration Court to ask them to start the clock. This is often a difficult and slow process. You can start by calling the court and trying to talk to the judge’s law clerk to ask about starting the clock – you can find the phone number by following the link under Resources called Immigration Court. Take care, Jason
Jason, I came to the US on a tourist visa and overstayed and applied for asylum. I have a pending asylum since 2019.
Last year my wife won a DV lottery back in my home country.
She was scheduled for an interview at an embassy for next month.
Do you think my wife can have any issues during her interview since I am in the US basically without a status?
Thanks.
I do not think she will have any issue because of you (though if they ask about you, which they will, she should tell them the truth about your situation – they will have this info any way, and if she does not tell the truth, that could affect her eligibility). Also, I doubt there will be any easy way for you to benefit from her winning the DV lottery, but if you want to try, talk to a lawyer (but be careful, as most likely, it will not be possible and you do not want to get ripped off or have an incompetent lawyer make your situation worse). I did a blog post about the DV lottery and asylum on October 5, 2015 and maybe that would be of use. Take care, Jason
Hi Jason,
Last year my family asylum petition was approved and want to apply for greencard. Is the application fee is waived for asylee applicant? I know it’s waived for refugee but couldn’t find explicit description for asylee on the USCIS portal.
Thank you
Asylees have to pay the fee, but you might qualify for a fee waiver using form I-912, available at http://www.uscis.gov. Take care, Jason
Hope you doing great,and thank you in advance for yoir quick respond
Hi Jason,
About 2 years ago, my asylum was denied and I was not referred to court because I had another status (TPS).
Few months ago my company filed for PERM (with department of labor) and now it is approved and I am eligible to file I-485 (employment based green card). I am all set for this and the company attorneys will be taking care of it.
My concern is about my denied asylum case. Do I need to do anything about it (like writing to USCIS)? or should I just ignore it since it was denied and USCIS closed the case? The company attorneys do not seem to have an input about this (maybe because its asylum related)
Best,
Ms/Mr H,
Please please let me know what type of visa your employer filed for you to get I-485, I am interested to do the same.
Also, do you have to go outside of the country to adjust status or not?if not, how?
It should have no effect on the I-485, unless there was a finding of fraud. However, USCIS has the case and will likely look at it when they process the I-485, and so your information in the I-485 should be consistent with whatever you wrote in the asylum application – make sure your current lawyers have a copy of the asylum case, so they can double check for consistency. Take care, Jason
Good morning Jason.
I need your guide, on the copy of instructions form as additional documents to attach with my asylum application form I-589 to send it to USCIS as request for biometric and fingerprint. Am already to file my asylum application to immigration court and to USCIS office.
Many thanks
I do know your case and so I cannot provide much guidance. If you have a case in court, you should talk to a lawyer. If you cannot afford a lawyer, maybe you can find a free lawyer – I wrote about that on September 22, 2016 with some links to organizations. Also, I did a post on September 25, 2019 about what happens in Immigration Court, and I think that will answer some of your questions. Take care, Jason
Hi Jason,
i have green card. there is mistake in card on issued year.
my asylum granted in 2018. Applied gc next year bt the issued date is 2019.on my spouse card its 2018.
i sent application for correction but i didnt send my card due to fear of loss.
does it really need to send the card?
do they issue card even though if i dnt send?
How do i know application status?
Thanks
When you get a GC based on asylum, they are supposed to back-date it one year (so if you get it today, it should say that you had the card since March 21, 2021). However, I have seen a couple cases where USCIS failed to back date the card. For my clients, we are not going to bother to try to correct the error, as it seems more trouble than it is worth, but I suppose you can try to correct it if you want. USCIS has a process to fix errors on GCs, which you can see here https://egov.uscis.gov/e-request/displayTypoForm.do. Take care, Jason
Hi Jason I have a question about my travel we live in America 11 years but my asylum case in review for 6 years after we approve my wife get the green card my my green card will on way after we get my green card we wan a travel in my home country Pakistan caN we with my family for 1 month I am confuse so please explain me how can we travel thanks warm regard
Returning to your country creates a risk that the US government will consider your original asylum application fraudulent, so you should be prepared to explain why you returned and how you stayed safe while there. I wrote about this issue on January 6, 2016. Take care, Jason
Hello jason
I will apply for my i-485 based on grant of asylum next month and I’m curious do i need to submit anything for the 1 year residency or proof inside the US or they will figure it out ? Some folks says you don’t need to submit any thing related to that as they will have your i-94 so what’s your thoughts about that?
We normally do not submits evidence about the physical presence requirement unless there is some reason to do so. For example, if you have not left the US during that time, there is probably no need to submit evidence that you were present. Of course, there is no harm in submitting such evidence (letter from employer or school, tax records, letters from people who know you, copy of your passport or travel document), but there is probably no real need to either. Take care, Jason
Hello Jason,
Thank you for the great job you are doing! I need your advice please. I filed for asylum in 2018, interviewed in November 2019 and didn’t get any response thereafter. Recently, I requested for my decision using the Freedom of Information/ Privacy access and git a response from them weeks later. The report had 11 pages, 3 of which were from the officer who interviewed me, while the remaining 8 pagee were blank. In the 3 detailed reports my testimony was said to be consistent and believable, and the officer concluded that I was credible. Now, for the remaining 8 pages, it was said that ther contents cannot be released to me as they are privileged information. Now, since the report of the interviewing officer says that I am credible, has it showed that I am likely or been approved? Again, what do you think is the reason for withholding the other 8 pages. Meanwhile, the report was concluded 2 months after my interview and it is now over 2 years old. Please advice me.
USCIS often redacts pages. Most likely, it has to do with their internal processes, but I do not know, as there are different reasons for redacting pages. The fact that the officer found you credible is a good sign (the alternative – that the officer determined you are lying – would most likely be fatal to the asylum application). However, not all credible applicants are granted (it depends on whether they think your situation warrants a grant of asylum). You might try inquiring about the status of your case – I did a post on June 2, 2021 with some ideas for that. Good luck, Jason
Dear Jason, if I submit a FOIA request to USCIS, does it harm my case result? I am waiting for the asylum decision nearly three months after completing the interview in San Francisco office. According to your experience, when is the best time to submit the FOIA request? Thank you!
Dear Jason, if I submit a FOIA request to USCIS, does it harm my case result? I am waiting for the asylum decision nearly three months after completing the asylum interview in San Francisco office. According to your experience, when is the best time to submit the FOIA request? Thank you!
I do not think the FOIA will have an effect, but I am not certain about that. We normally only do that if the person is sent to court, as there is no real need for it at this stage (waiting for a decision). I did a post on June 2, 2021 about what to do when the decision is delayed – maybe that would be of interest. Take care, Jason
Jason, I am an asylee, waiting for my GC.
When I get my GC interview scheduled, I might need to show my tax returns for the last 2 years I believe. I work on Corp to corp basis where I don’t have too much of revenue or taxes. Can it be a problem?
Thank you.
I doubt you will have to show your tax returns, but even if you do, income is not an issue for an asylee filing for a GC, so there should be no problem. Take care, Jason
I remember that it was recommended to show during an asylum interview at the court, that is why I thought it might also be required.
Thank you for claryfing it.
Probably in court it was used to help show good moral character (since you paid your taxes). You could use it in the same way for the GC, but for my cases, we only do that if it is necessary, which is rare, and we’ve never had an issue. Take care, Jason
Hi, Jason, I had completed my asylum interview at Los Angeles office in January, 2022. I am still waiting for my asylum decision. My attorney told me the rate of asylum case process was slower due to many Russian and Ukrainian asylum seeker, refugees gathering on the US-Mexico border and USCIS need allocate some officers to handle these cases. Did you hear similar information like this or some information about recent case decision process delay? I appreciate your answer, thanks!
I have not heard that. However, the same asylum officers who do cases at the asylum offices also do interviews at the border, and so when there are ore people arriving at the border, there are less resources available for affirmative interviews. I doubt that is the problem in your case, since you were already interviewed. These days, decisions seem to be very slow. I do not know why. On June 2, 2021, I did a post about this problem with some ideas for what to try (though in truth, it is very difficult to get them to move more quickly). Take care, Jason
Hello sir, how are you doing today? First of all, I would like to thank you for your help. I was wondering if you can help me out on my current immigration status.I came to USA on June 2015 since then I was summited asylum case (Ashlee pending) and not interviewed yet since the day I summited.
After a couple of years my wife came to America as a lawful permanent residence category through DV lottery. I have applied through family based petition via my wife status on 2018 but later on they denied my AOS (adjustment of status) case on 2020. Uscis sent me a latter of denial stating that I was on out of status when I summited my AOS case and accumulated unlawful presence since the day of my visa expired which is on December 2015. Now my wife become a USA citizen, what can I do to proceed? I have I-130 approval on March 2020. Is that possible to update my AOS now? Or should I file my I-130 again or just Use the old I-130 approval? How can I inform uscis that my wife status is changed right now?
Thank you sir for your help!
Have a blessed day !
Thanks for your time Jason.
I-589 application form has 12 pages . After filling the forms, should it submit it all. I need some tips on that too.
Ben.
If you did not put any info on pages 11 or 12, you do not need to submit those. Otherwise, you have to submit every page. Take care, Jason
Assuming there are no other issues, you should be able to use the approved I-130 notice + your wife’s proof of citizenship to apply for a green card. However, given the prior denial, you might do well to have a lawyer review the case before you file, just to be sure there are no other issues. Also, be careful that all your documents (including the DV application and process, the N-400, and your I-589) list you both as married to each other. If you or your wife has been inconsistent about this in the prior documents, you need to address that in the current application. Take care, Jason
Hi Jason,
I want to ask that can I withdraw my asylum application and than can I apply for a work visa? My employer said that he can sponsor me for a work visa. Is it advisable?
It depends where in the process your case is. If you have status besides asylum (such as H1b), you could withdraw the asylum case and pursue an employment-based green card. However, if you have no other status, withdrawing the asylum case would mean you are sent to Immigration Court (assuming they would even allow you to withdraw under those circumstances). Normally, if a person has an alternative path to a GC, you would pursue that path and once you get the GC, you would then withdraw the asylum case (this assumes the case is at the Asylum Office; if the case is in court, it is much more difficult and certainly you would need to talk with a lawyer). Take care, Jason
I called the court today after through your reply and I was told I can file that I-589 form through the department of Homeland security office and my file is not in the Houston immigration court system yet.
I still your orientation Jason.
You are the father to the fearless
Remain blessed.
Bernard
If it is not in the court system, you may need to file affirmative (see the I-589 instructions at http://www.uscis.gov). Try to talk to a lawyer first, though, as it is better to file the form in the correct venue. Take care, Jason
Hi Jason.
Thanks for your time, I request for I 589 form since I was told to appear in Houston immigration court and I went there and forth to know if my court date for my hearing has been set but I was told department of homeland security has not forward my file and am months now in the united states’.
Please send the link of the non- profits organization here in Houston Texas since I can afford a lawyer because I have no working permit.
Many thanks,
Bernard
Hello Jason,
1. I have applied for renewal of Ead on feb 12 and it says we should receive a notice within 30 days we are already the 03/14 and nothing.
Hey Jason,
Can I create an account and change my address online through the USCIS website without submitting AR-11 form?
Even if you have a USCIS account, I believe you need to file an AR-11 – that is the way they know your address has changed. We always fill the AR-11 and keep the confirmation, so we have evidence that we filed the change of address. Take care, Jason
Receipts have also become slower. I expect you will have it within two weeks, but you might check whether you sent the application to the correct address and (if you sent by certified mail) whether it was received. Take care, Jason
Hi Jason, it was not certified mail as I did not know of that option but priority mail and it showed it was delivered the right address. Praying to have it soon as my employer send me notice of termination if it is not renewed on time. From what read on Uscis website health-care employee cannot apply for expedition without a prior notice of action letter.
Thank you again.
If it shows delivered, you should get the receipt soon. Receipts have been more delayed lately than usual. Also, mail has been slow (I received a letter yesterday that had been mailed on February 17). Take care, Jason
Hi Jason,
Also when I moved to a new state in August last year, I file for change of address online but never received a notice to confirm if they got it. Do you think that I should file again ? Thank you
Do you have any idea about when I may received a notice for the EAD renewal. This will be my 3rd time applying for one and the 2 previous have always been on time.
Have a blessed day.
If you filed the AR-11 online, you should get a confirmation immediately. If not, you should try again. As for the EAD receipt, it is slower than it used to be – maybe it takes 5 weeks or so. Take care, Jason
Hi Jason
When I did it online. It said address change request successfully submitted, and to expect a reply within 14 days, but never got one. Also I was ask to print the paper form after submitting that online and mail it to the address shown below. What I did, but still no confirmation in either mail nor email. Do you think that I should send it again. Thanks.
Jason, I know you are not a tax professional but I thought to ask you in case you know the answer.
I am an asylee with granted asylum, I was wondering if asylees are Social Security and Medicare tax exempt?
I came across this while filling out my employment documents.
The document says “Nonresident aliens authorized to work in the US are required to pay US Social Security and Medicare taxes.”
Not sure if this applies to asylees.
Thank you.
Thank you.
I really do not know, though I think for tax purposes, an asylee is not considered a nonresident alien. In other words, I think you have to pay the taxes. However, I do not know for certain and you would need to check with a tax professional to be sure. Take care, Jason
We only get notices from them once in a while. It seems to me that if the change was successfully submitted, you are fine, but if you are concerned, maybe you can call them (800-375-5283). It is a huge pain, but it would confirm if they received the change. You could also submit the change again, as I do not think that would cause a problem, but as far as I can tell from your post, the change was accepted (also, if you have more than one pending form, you need to include each form in the change of address request). Take care, Jason
Hello. My status is asylum pending, the case is in court. Will it make any negative impact to case if wife and husband fills taxes as Married Filled separatelly (not jointly)?
Thank you
For an asylum case, I do not see why that would matter. I suppose you should have an explanation for that in case you are asked, but I highly doubt anyone would ask about that (though maybe if the asylum case depending on the marriage being true, it could be an issue, as it might call into question the validity of the marriage, unless you had other evidence of the marriage or an explanation for why you filed separately). Take care, Jason
Good morning Mr. Dzubow,
I entered the United States through the southern border and turned myself in. I was released but was not given a notice to appear at court. I am planning to file my asylum case directly with USCIS since my alien does not appear in the EOIR system. Is it possible for me to be interviewed at the local asylum office and be granted asylum there? or will I always have to go through the court system since I entered the US illegally? Your response would be greatly appreciated. Thank you!
As far as I know, in this situation, you have no choice but to file for asylum with the Asylum Office. However, it is likely that at some point, they will realize that you should be in Immigration Court and will terminate the application, or maybe turn it into a “credible fear interview,” which is an initial evaluation of asylum eligibility. This may take only a short time or it may take years (if so, you will likely be able to get a work permit while you wait). We do file affirmatively for our clients who are in this situation, as I do not know an alternative (though maybe you could try calling DHS – the prosecutor – to convince them to file your case with the court; if you want to try that, talk to a lawyer first to be sure it is the best approach). Take care, Jason
Jason,
What if the asylum interview has been pending for more than 10 years? As far as I know, there is a law
allowing us to file for the permanency if legally (or in limbo) in the United States for more than 10 years.
Thank you!
You should be in court to apply not local office. 10 years rule only for court cases
Not exactly. If a person has been in the US for 10 years and then gets referred to Immigration Court, he might be eligible for Cancellation of Removal. To get that, you have to have 10 years in the US before you get referred to court, be a person of good moral character, not have certain criminal convictions, and have a US or green card relative (spouse, child or parent) who will suffer extreme hardship if you are deported. It is a bit more complicated than that, and even if you have a relative, it is often difficult to prove the requisite level of hardship. If you are in Immigration Court and you think you might qualify, talk to a lawyer about that. Take care, Jason
Thank you for this. May I assume that ‘who will suffer extreme hardship’ refers, in particular, to the minor kids who were born in the United States within said 10 years?
For purposes of Cancellation, the hardship can be to LPR or US citizen children, spouse or parents. Also, I forget the exact term, but it is essentially a lot of hardship. Take care, Jason
Hi Mr Jason .I’m under SSA disability programe my income under 12k years , do I need to file taxes?
I didn’t receive any taxes form from SSA administration
And if I don’t need to file taxes how can I proof to immigration the day of interview that I didn’t escape from taxes
I’m green card holder based on asylum, preparing my interview for citizenship
My respect
I have no idea about taxes. You should talk to a tax professional about what you need to do. Take care, Jason
Hi Jason,
I have applied for green cards for my parents based on parents of US citizen. They received their immigrant visas and planing to come to the states the next month. They can’t stay in the states until they receive their green cards and would like to travel back to our home country after 3 weeks of arrival to the states.
My question is: Can they travel back to our home country safely without any consequences on their green cards or immigration status?
NB. When I receive their green cards ,I will mail the cards to my parents so they can come back to the states at anytime.
Thank you
There are physical presence requirements for people with GCs, and so you/they need to be aware of those. Also, I do not know if it is legal for you to send a GC by mail to them, and so I cannot advise you about that. I do think you and they would benefit from talking with a lawyer so you all know the requirements that they have to follow. Take care, Jason
Hello,
I applied for asylum on March 2017. Do you have any idea if the Houston asylum office have started scheduling interviews for those who applied around that time?
The most recent meeting I attended (a few weeks ago) of the asylum office HQ said that all backlog cases are being interviewed from newest working their way back to oldest. Since new cases are still entering the system, people in the backlog are probably still getting further and further away from an interview (this is the order of interviews that they mentioned, but I do not always believe what they say and they are not always correct). Maybe things will start to move as Covid numbers go down. But for now, I think your best bet is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason
Thank you Jason. I will expedite
Is this rule would be the same even when you been waiting for the court date?
Thanks for all your help.
This was for the asylum office – each judge schedules cases according to their own calendar, though I think they generally try to do them from oldest to newest. Take care, Jason
Hi Jason,
I have checked my Immigration court Case status and my date disappeared. It says that no hearing is set, no judge nothing, but also says that Court case is pending.
Before i had all of the info….court date, judge and etc.
should i be worried or is it just the glitch?thank you!
I havent received any notifications or mail.
Cases are frequently removed from the schedule and later rescheduled to different dates. Sometimes, they are further in the future; other times, they are sooner. Try to make sure you have your evidence ready, in case you get an earlier date. This whole system is a real disaster, and they have made it quite clear that they do not care about people’s right to due process of law. So unfortunately, stories like this are very common. Take care, Jason
Hello jason
I applied for RTD last August and so far no news but fingerprints were taken!!!! I can’t wait anymore as i need to travel to europe in MAY 2022 so shall I expedite?? I have a friend who expedited it and got
It in 3 weeks but i feel like it’s too late as it’s been 7 months for me know plus i will apply for my GC in July and i have strong health condition that can help me expedite any case but I’m trying to save it for the GC process!! What do you think please? Any advice? I don’t wanna use the same reason twice for
Expedition with USCIS
I think there is no harm in using the same reason twice. I do think most people are getting in the RTD in 10 or 11 months, so maybe you will get it by May, but of course, there is no way to know and it is stressful. If you need it, I think you should try to expedite. It seems to me that if the reason works for the RTD, maybe it would be more likely to work for the GC as well. I wrote about expediting with USCIS on January 29, 2020 if you are interested. Take care, Jason
Hi, Do you mind sharing what kind of reason your friend told them for expedition? Did they ask him for any evidence? I am in same boat as you. Applied last September and have bunch of trips scheduled ahead 🙁
We can talk privately also if you dont wanna write here openly but I am kinda desperate right now and thinking about asking for expedition again. Cheers!
Hi, Jason
I applied for I-485 based on Asylum in the TSC in July of 2019. In January, I received a mail that my case has been transferred for NBC. I’m located in northern Virginia. My question is, how can one check the processing timeline for NBC? Is it like an office located somewhere in my jurisdiction. I can’t find it on the list of offices when trying to check processing times. There is little to no information on what the NBC does and time line of what cases its handling.
There are no processing times posted for the NBC, and I presume it is on the same time frame as the TSC (in other words, that it is very slow). I am not sure about this, since USCIS can’t be bothered to tell us, but that is my impression, at least for cases that were initially with the TSC. Take care, Jason
Hi Jason,
Thank you so much for this platform. It helps a lot.
My individual hearing was scheduled in April at Baltimore. I was checking and following it up almost for a year. Recently, it doesn’t show the date. I did not receive any cancellation or re-reschedule notice. What does it mean from your day to day experience? It’s really tough. What do you advise me?
Thanks Jason.
Lankas
Hey Jason, after my asylum case was approved I applied for the green card. Now it’s been more than a year since I’ve applied, and I haven’t received anything yet. Is there anyway that I can expedite the process to receive the green card faster?
They are going super slow – maybe 2 to 2.5 years (or even more). I did a post about expediting on January 29, 2020 – maybe that would help. Take care, Jason
My guess is that the case is postponed, as that is happening a lot. Maybe not, but that is my best guess. You can call the court to learn more. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hey Jason, my asylum case has been approved last month, and I want to bring my wife and kids to the US (they are included with the case already). My question is: Can I bring them before I get the green card or do I have to wait until I get the green card first?
You can file for them immediately, using form I-730 (assuming the children were under 21 when you filed for asylum and are currently not married). In fact, you must file for them within 2 years of winning asylum. Given how slow the process is, it is best to file now. If you need more info, check the link under Resources called I-730 Family Reunification Manual or talk to a lawyer. Take care, Jason
Hi Jason,
Do you recommend applying for TPS (if its now available foe my country, if I have pending asylum case sine 2015?
If yes what is the benefit plese.
And if not why you dont recommend it.
Knowing I am in a desperate need to travel and my country passport has expired.
Thanks,
There is no harm in having TPS if you have an asylum case pending. One potential issue is what would happen if you lose your case. If you have no other status in the US, and you are denied asylum, they would refer your case to court, where you can apply again for asylum. If you have status (and it seems unclear whether TPS would be considered status for this purpose, and we have seen inconsistent results here), your asylum case would end, and you would just remain here in whatever status you have. Some people prefer to go to court; other people prefer not to go to court. The main benefits of having TPS are that it is easier to travel abroad and return. Also, if you have some other option to get status here (such as a petition from an employer, for example), that is potentially much easier of you have TPS. If you want to travel with TPS, you will need to get Advanced Parole (easy to do for people with TPS than people with asylum pending) and you will also need a valid passport. Take care, Jason
Thank you this is very helpful and rich answer
Thanks for Expedited EAD article too it was sooo helpful, followed instructions as you described it and got it.
Looking forwoard for expideted asylum interview 🙂 and green card lol
Curious to know how petition from an employer work with a TPS, does that mean U can adjust w/o leaving the country?
I am not certain, as I do not do employment-based immigration, but I think if you entered lawfully and have TPS, you can adjust status (get a GC without leaving the US) based on an employer petition. You would need to talk to a lawyer who does such cases to know for sure. Take care, Jason
Hey Jason! You are the father, brother to the fearless. Cameroonian victim of persecution and I was admitted in to United States 10/27/2021 and I demonstrated credible fear of persecuted in the past. I place under defensive asylum to appear in Houston immigration court and I have been going back and front in court to present myself, i was told my file is not in their system.
Am now four months ago in the country. What my immigration pathways now? I need your advice.
Many thanks,
Bernard Nchotu.
If you have a court case, you need to pursue that option. However, if the case was somehow removed from court, maybe you can file with the Asylum Office. If you call 800-898-7180 and enter your Alien number, you can hear your next court date, if any. Also, you can call the court directly and try to talk to someone (this is not easy, as they often do not answer the phone – you can go there in person to ask as well). You can find their phone number if you follow the link under Resources called Immigration Court. If you have not filed form I-589 (the asylum form) with the court, you should do that as soon as possible, since you possibly will lose the ability to seek asylum if you are here for one year before you file. Also, filing the form will hopefully start the asylum clock, which will eventually allow you to apply for a work permit (this may or may not work, depending on how you entered the US and who is the judge). Most of all, you should talk to a lawyer to determine what is going on with the case. If you cannot afford a lawyer, try a non-profit – I did a post about that, with links to non-profits by state, on September 22, 2016. Take care, Jason
Hey Jason,
Hope you’re doing well.
I am in pending asylum status since 2018 who never got interviewed yet. Also, I am ASAP member.
I applied for my EAD renewal in 2020 and received my card recently after 1.6 yrs w/constant follow ups but with incorrect name made by USCIS viz., my name No Name Given (error) unlike previously received docs.
I had to returned my card to USCIS after DMV denied to renew my DL saying data inconsistency.
Can you please let me know, how much time it gonna take to get the updated one & how can I keep track of its status?
Awaiting your response.
Have a wonderful weekend!
You returned to your EAD to USCIS for a correction? If so, I believe they give prior to such cases when they were at fault for the error. I do not know how long that takes, but probably you will have to call them and try to follow up. They are such a mess that nothing seems to be working as it should. Take care, Jason
All right, thank you for swift reply.
Appreciate it!
Dear Jason,
I am my husband’s dependent on an approved asylum case. I am waiting to my green card. Do I have to have an interview before getting a green card or they will just sent the green card?
USCIS has said they will interview all asylees who file for a GC. In practice, they are not interviewing everyone, but many people are getting interviews, so probably you will have one. Take care, Jason
Hi Jason,
We tried to expedite my Indivudiaul Hearing at court last year by providing documents but the Judge immediately declined our request due to no open docket. We filed a new advance motion to expedite the hearing date by adding new documents related to my family members. Our new request didn’t decline or approve so far even though 3 months have passed, does it mean something? Does it mean when the judge has an open docket, will she accept our advance motion? Thanks
Different judges handle this differently. It could mean that they are waiting for an opening; it could also mean that they forgot about it. You can call the court and try to talk to the judge’s clerk – maybe that person can give you an idea about what is happening. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason
With your experience is it really helpful to file expedite my court date? Or mostly they deny cause of no open space currently…
They sometimes agree to expedite. It depends on the judge and whether there is any availability to do a case. There is no real harm in asking, but these days, at least where I am located, we are still seeing cases postponed due to Covid, and so I think it is not a great time to try to expedite (but again, you can try and see what happens). Take care, Jason
Hi Jason.
Thanks for your time, I request for I 589 form since I was told to appear in Houston immigration court and I went there and forth to know if my court date for my hearing has been set but I was told department of homeland security has not forward my file and am months now in the united states’.
Please send the link of the non- profits organization here in Houston Texas since I can afford a lawyer because I have no working permit.
Many thanks,
Bernard
I did a post on September 22, 2016 that has some links to local non-profits and law schools. Hopefully, you can find one of those that can help. Also, you can call 800-375-5283, and enter your Alien number. If your case is in the system, even if a court date is not scheduled, you can prepare and file your I-589 with the court (and one copy to DHs/the prosecutor). Even if you do not have a lawyer, you should probably do this, as you have to get it filed within one year of arrival. Also, hopefully, once it is filed, they will start the “asylum clock” so that you can eventually get an EAD. All this can be tricky, so hopefully, you can find a lawyer to guide you. Take care, Jason
Hi Jason,
I had my interview end of October 2021 on the shortlist, after waiting for almost 6 years for an interview. My case still says decision pending. Is it too early to contact and find out why the delay in response? Will my asking for a response having a bearing on my decision? Living in limbo is such a nightmare.
Thank you,
It is not too early – you can email them. You can find their email if you follow the link under Resources called Asylum Office Locator. I also wrote about other ideas to expedite decisions on June 2, 2021. There is no harm in asking about the decision, though I do not think it does much good either. Take care, Jason
Hi Jason,
I have question regarding my immigration, I enrolled for UNNJ university in 2016 January. But UNNJ university violated immigration rules at that time, university has shutdown and my SEVIS got terminated in April 2016. Again after 6 years, I got email from US immigration and customs enforcement to do settlement agreement (Notice of proposed class action settlement for enrolls at the UNNJ university). Can you please let me know, how i can proceed with further steps.
My Passport hold by ICE Enforcement and Department at Hartford, CT. But in the (Notice of proposed class action settlement for enrolls at the UNNJ university) Court has scheduled a fairness hearing on May 2nd in Newark NJ. Can I go to court fairness hearing with out my Passport.
Thanks,
Raj
I do not know anything about this case and cannot advise you about how to proceed. I think you need to talk to an immigration attorney about your immigration status – whether the court case will help with your status, I do not know, but an attorney can review all that and advise you. Take care, Jason
Hello Jason, I have a question.
Before I receive my asylum approval my online status changed for Fees were waived and we ordered a new card. In few days I received my approval and in few weeks my A05 EAD. But I did not receive any refund for my previous C08 EAD. I heard that we receive a refund from the USCIS for the C08 EAD and is it true? Because I will be moving to a new address soon. Please let me know and I would truly appreciate it.
Thank you.
I have never had a client get a refund in that situation (though I have only seen that happen once or twice). I suppose you can try to call USCIS to ask (800-375-5283), but I think it is unlikely that you will get a refund. Take care, Jason
I have a pending asylum case since 2016 (with my wife and children who are in the US) and I have been renewing my EAD regularly. Now, that my children are getting older (15,13,11, and 9 years) I need to get EAD for them and so they can also get SSN. With all the new asylum and EAD rules, will they have any problems getting their first EAD or renewing it in the future?
I just did my children’s first permit last 3 weeks ago, and it’s fine to do it for them all you need are field the requested forms and 85$ for each one of them.
They should be able to get the EAD. If this is their first EAD based on asylum pending, there is no fee. In terms of biometrics, I am not sure if they need to pay that now – a new court case recently changed the rules – maybe check the I-765 web page at http://www.uscis.gov. Take care, Jason