Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi, Jason
I heard that requiring FOIA from USCIS will extend asylum case decision waiting time, Is that true? I have an idea that if the preliminary decision in FOIA document was granted, I could request the asylum office to expedite the final decision with this result. How do you think it? Thanks!
I do not know whether a FOIA delays a decision, but if it does, I doubt it is by too long. Also, I do not know that a FOIA response would show an initial decision that has not been finalized. Even if it does, I do not see how that would help you get to the final decision, as that usually depends on security background checks, which are done by other agencies (not the asylum office). It seems to me that if you want to try, there is probably little to lose – you can start with the FOIA and see what you get, and if there is some indication about the decision, you can decide on the next step you will take. Take care, Jason
Hi Jason,
Hope you are doing well, I have applied asylum in 2017 , I just had my interview 5 may 2022, after 1 days my status change from interview scheduled to decision is pending, today Jun 2 , 2022 my status change to application is pending. My question is what is mean application is pending? What is the difference.
My interview was in Minnesota.
Is it good sign?
Thank you
I think it has no meaning, as the online messages are often not very helpful, especially here. Sometimes, the message changes to “decision is mailed” or “fees were waived” and in those cases, it usually indicates that you will get a decision in the mail in a week or a few weeks. Take care, Jason
Respected Sir
I have been following your blog since 2015 when I applied for asylum entered to this country with visiting visa.Its been 8 years now living away from my family.I am from Nepal and I filed for political asylum.
My concern is I haven’t worked since pandemic and still not being able to.Life has been very merciless to me until now & I request you to Educate me on this topic as I have been homeless for over a year now and Don’t have any job so far
DEPRESSION_ ANXIETY _LIVER CIRRHOSIS _HCV
m here struggling to stay alive as long as I don’t have my family together.. What.are the consequences of not having any supporting documents. I have everything to support my
claim I Have no idea where my luggage is.
I have briefly spoken to the doctors who had the rresults of my blood tests which said survival chances very low for around 3 years but now m still alive.My court hearing is on March 2nd week I ain’t have any money to hire a lawyer and all of the supporting documents to prove my case I Lost my luggage and never got back.Please Guide me
I am sorry for these troubles. If your case is next week, there is not much you can do now to prepare. If you do not have evidence, you may want to contact the DHS Office of the Chief Counsel (the prosecutor) to see whether they might dismiss your case based on your health problems. I wrote about this on June 8, 2022 and maybe that will help. Although I think it is probably too late for this hearing, you may want to get in touch with an immigration non-profit to see whether they can offer you help regarding your case and/or your health situation. I did a post on September 22, 2016 with links to local non-profits. Take care, Jason
Hi Jason ,
I got my Asylum approval from a couple of months here in USA , Now I need to marry my friend which is a Canadian Citizen she lives in Canada currently “She also born in Egypt” what are the best / different approaches I can take for her to live with me in USA legally without affecting my grant asylum status?
I am thinking to marry her here in USA as she can enter USA easily “She is a Canadian Citizen “ and then I can file for her I131 later on is that possible and will not affect my Asylum granted coming to the fact I married a woman with another nationality ?
Thank you so much.
I am sorry i mean form 730 not I 131
If you obtain permanent status in Canada before you get your GC, you could lose your asylum status, so be careful about that. Also, until you get your GC, you cannot file for her to get her own status in the US. Once you have the GC, you can file for her using form I-130 (you can only give her asylum status – using form I-730 – if you had been married at the time asylum was granted). Also, keep in mind that if she comes to the US as a visitor (using her Canadian passport and no visa), and if you are married to her, it could potentially cause her to be refused entry into the US if the border authorities believe she plans to remain permanently in the US. If she has a return ticket or proof of a job, school, home in Canada, she can use that to demonstrate that she plans to return to Canada at the end of her visit to the US. Take care, Jason
Thanks Jason , So from your opinion / recommendations what’s the best and safest approach that I can take to avoid all that risky situations ??
Another question if we get married now “ I will not apply for any kind of “ Canadian Resident” and then I will wait for my GC to file 130 for her is that safe
Just don’t apply for any status in Canada until you have a GC. Otherwise, you should be fine. In terms of her traveling here and any issues that may arise, you could talk to a lawyer about the specifics, but as long as the US government does not think she plans to try to stay here permanently, it should be fine. Take care, Jason
My aunt was released after crossing over seeking asylum. They provided her a cell phone to track her and check in. She is now in Florida but states she can only go to a certain mile radius, is she able to travel to TN or ask if this is allowed?
Also her husband was not released to US and was released in Mexico so what are his options since they have been separated?
If she violates her conditions, she could be detained, so I would be very careful about that. She can ask ICE to expand the area of travel – if she has a check-in, she can ask at that time. She should probably talk to a lawyer to decide how to proceed. If she intends to seek asylum, she is required to file that application within one year of arrival; if she does not file it, she could be denied solely for filing late. If she talks to a lawyer she might also discuss her husband’s situation, as there is no simple answer there and it will depend on how the rules at the border change (and they are potentially changing later this month). Take care, Jason
Hey jason,
There is a member here asked a question that got me worried that his i-485 might get rejected cause it was sent out while he was out of the country using his RTD and that got me worried cause I’m supposed to apply for my i-485 on July 10th and I’m planning to travel to Europe on July 14th so i sent that question to an attorney and that’s the reply! Can you please confirm that info to me?
This answer from the attorney :
We do not need you to be in the country to mail out your application. You do not need to change your plans. As long as your refugee travel document is valid, go and have fun and return before it expires
I have not looked into it, and so I am not sure, but I have never heard that being out of the country when you file will affect the I-485. If you are worried about it, why not just wait until you return. These cases are taking 2+ years, so a few weeks probably will make little difference (or send it by express mail so it is received before you leave). Take care, Jason
Many people who applied in November and December 2021 got their greencards already in March and April and i heard many live shows attorneys says now the USCIS gives more priority to the new i-485 cases than the older ones!
I Have a serious condition that i can use it to expedite as i really need the GC asap to marry my GF in a third country and bring here to the states ! So every day matters with me 🙁
I have not seen that, but I would not be surprised, as USCIS does not care about “fairness” in terms of processing times, at least as far as I can tell. I did a post about expediting with USCIS on January 19, 2020 – maybe that would be of interest. Take care, Jason
I would really suggest you mail out the application once you are back in USA. I do think your lawyer is wrong about the information he provided you, if you look into “I-485 guide” pdf on USCIS website, it clearly says that you are required to be present inside USA to file I-485.
I did not know that, but it is better to be in the US than to risk a rejection. Take care, Jason
Hi Jason,
I’ve completed my asylum interview six months ago. My online I-94 form showed no record found for the traveler yesterday. I visited an asylum forum and saw many people have a similar experience. Some were approved and some were refused in three to four months. I hypothesize that the approved applicants’ new i-94 will replace the old one, and it will not be shown on CBP’s website, so no record. For the cases referred to the court, the travel record will be moved to the court system and be cleared from the CBP’s website. What’s your opinion? Does “No record in the i-94 form” in decision pending cases predict some information? Thanks a lot!
I am very hesitant to believe any of the online messages, and so I would advise people to be patient until they receive the decision letter. That is the only way to be certain. Take care, Jason
Hi jason, i hope your doing great. Thank you for givint us time answering all are questions. I read on the previous comment about the 540 extension on the Ead renewal, how does it works? My ead expired last year nov. 2022 i filed last aug. 2022 until now I didn’t receive any ead..how can i get a driver’s license? How does 540 extension work with that?
Thank you In advance..Godbless
I did a post earlier this week explaining this and providing links – so please take a look at that. Since you filed before your old EAD card expired, you automatically get the 540-day extension, which you can use to extend your eligibility to work and your driver’s license. Take care, Jason
Hi there
Can i file my first Asylum application online by creating account on USCIS website ?
Thanks
Supposedly that is coming (and I have heard about someone doing it, but I am not sure that was true), but as far as I know, it is not currently available. Take care, Jason
Hi Jason.
I have one question. So my current asylum application pending at the court over 2 years now. And now I am planning to get married. She has an employer sponsoring her. Her application process is still pending. After getting married does she can include me for her green card application. Or do I have to leave the country and get a visa to come back.
Thanks for everything.
Talk to a lawyer, as there are exceptions, but in general, this would not work. You would normally not be eligible to get a GC because you are in court. There are exceptions to the rule, but most likely, you would need to get Voluntary Departure, leave the US, get your GC, and return. You would need to talk to a lawyer to see whether this is possible and whether there might be an exception that allows you to get your GC in the US. Take care, Jason
Hello Json
It has been 1-yeaer and 3 months since i came to the US .I want to apply for Asylum but
i am told that i had to apply only within a year.
I don’t have any reason why one year is passed i didn’t know about the deadline
what can i do ?
Thank You !
I wrote a post about the one-year deadline on January 18, 2018. Maybe that will help. Otherwise, talk to a lawyer to see how to address the one-year bar, as there are different approaches and it is specific to your situation. Take care, Jason
Hi Jason,
I saw a question being made here about marriage. I too got my greencard in March. I was an asylee dependet on my mom’s case. Now that I have my greencard can I get married, or would me getting married cause my greencard to be taken away since I got it as an asylee depenedet. I apologize I am confused if the same rule applies whether you have the greencard.
If you already have the GC, you are no longer an asylee dependent. This means that you can get married and it will have no effect on your status. In other words, you keep your GC. You only lose your status if you get married at a time when you do not yet have a GC and only have asylum status as a child dependent. Take care, Jason
Hello Jason,
After receiving the recepit of rhe Greencard (asylum based) can I expedite my greencard does this exist?
You can try – I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
Hi Jason,
Just wanted your comment on an issue we recently encountered. An I485 was filled along with I131 last year, the applicant was present in USA on the date it was signed but went abroad after posting it using a previously issued RTD. USCIS rejected the I131 recently saying that applicant was not physically present in USA at the time application was received at USCIS which is correct. While I485 is still in process but if we apply same thinking then it will also get rejected on the same basis, what do you think is the best course of action in this case to avoid further waiting?
1. Should the office be contacted somehow and asked if we can send a new I485 with today’s date and then can connect it to same receipt number and we dont have to pay another fee (i feel chances of this to work out are low) OR
2. Somehow withdraw the currently pending I485 (not sure it its possible even?) and submit a completely new application with new fee etc,
Thank you very much,
When you file for certain travel documents, you are required to be physically inside the US at the time of filing. I am not sure that rule applies for the I-485. I would look into that first, as it may have no effect. I am not sure what the answer is, so maybe you want to have a lawyer research that question. Alternatively, you can just wait to see what happens, but it may be a while before you get a response. Take care, Jason
I got my assylum approved through my parents last year. I got the travel document went to a third country and got married because my lawyer had said that it won’t affect my greencard application. Now when I am about to apply for my greencard he says it will affect it since I’m 24y and married and I am starting my husband’s application. Please help
How does this happen, will I ever be able to get my greencard
I got my assylum approved through my parents last year. I got the travel document went to a third country and got married because my lawyer had said that it won’t affect my greencard application. Now when I am about to apply for my greencard he says it will affect it since I’m 24y and married and I am starting my husband’s application. Please help
I had to look that up (see page 77 of this document: file:///C:/Users/jdzub/Downloads/2019-1029-i-730-manual%20(1).pdf). It looks like you can file the I-485, but you will need to file a “nunc pro tunc” asylum application to complete the process. This is because when you married, you became ineligible to be a beneficiary on your parent’s asylum case and so in order to get a GC, you will need to get asylum in your own right (this is the nunc pro tunc process). Hopefully, your lawyer can explain how the process would work, but the nunc pro tunc application will cause some delay (I am not sure how long, as I have not done it in a while, but cases I have done took probably a year or more extra time). As an asylee, you cannot file for your husband until you get the GC. Maybe one solution is to get divorced, so you can obtain your asylee status again, then get your GC, and then re-marry your husband and file for him based on having a GC. I am not sure whether this would work, but you can ask the lawyer to look into it. Take care, Jason
If I had already been in process for greencard, and got married after filing for greencard would have been better
It would have been better to get the GC before getting married, assuming you could wait to get married. If a child of an asylee gets married, the person loses their dependent status and has to file the nunc pro tunc. Given the very long wait times, this is a very bad rule, but it seems to be the rule. In your case, you can try the nunc pro tunc. Maybe it will not be as slow as I think, or maybe you can try to expedite the process. Once you have a GC, you can file for your spouse. Take care, Jason
My goodness! Divorce in order to get a GC, then remarry the same person! A complex game! Which reason sustaining his divorce will he provide? I think to make a divorce there must be serious motives underlying this otherwise it can’t be accepted in court. I don’t know
Legally, that may be an option to get the GC without filing a nonc pro tunc (but I am not certain, and this would need to be researched). It is unfortunate, but the law requires that an asylee dependent remain single until they get a GC; otherwise, they become ineligible for a GC unless they do the nunc pro tunc. Take care, Jason
Hi Jason,
Applications for I-485 were submitted in Sep 2019 ( After completing 1 year requirement from the time of asylum was granted by an IJ in 2018 ).
Now in ( May 2022 ) :
Myself including the family got notices to submit RFE, and that is doing I-693 which is a physical, medical test.
Could you please tell me as to how long further would it take to get the green cards ( once the medical / physical reports are submitted to USCIS ) ?
If for example, medical reports show something, like any concerning factor, does it nullify the GC application, and the case is denied ? or they ( USCIS ), asks you to get treated for the medical problem, etc etc ?
Do you anticipate that they would require any further RFEs ? Or this may be all ?
Thank you.
I have never seen a case where the medical exam blocked a person from getting a GC. The worst case is usually that you need some vaccinations, which the doctor can give you. Typically, people get a decision pretty quickly after responding to the RFS – maybe a month or two, so hopefully that will be you as well since you have already been waiting a long time. Take care, Jason
Thank you very much Jason.
Hi Jason,
When my wife gets her green card as an asylee, what is the likelihood of me as an asylum seeker getting my status adjusted as the spouse of a green card holder?
My wife had been granted asylum before we got married, and then she applied for the green card. I was mentioned in the green card application but I could not apply for the same thing because we got married after she was granted asylum.
I had applied for asylum in 2017 and am still waiting for more than 5 years for an interview. And at this point I won’t be surprised if I wait for an interview for another 5 years.
Once she has a GC, she can file for you to get a GC, the same as any other GC-holder. Whether you are eligible for this, I do not know, but you would likely have to leave the US to get your own GC (I did a series of posts about this in August and September 2018). Once she is a US citizen, she can file for you and you can get your GC without leaving the US, assuming you are eligible for that (and most people who entered the US lawfully and did not have criminal convictions are eligible). Otherwise, the fact that she won asylum may make your asylum case stronger, but since you married her after asylum was granted, she cannot file an I-730 for you to “give” you asylum status as well. Take care, Jason
Good day Jason
I hope everything will be fine with you, I have a pending affirmative asylum application for last 6 years, never got an interview call, I am planning to move to a nearest state because of a good job, so by changing my address I was a bit confused if it will put my case more back in line which is already very late to be heard.
Your guidelines and suggestions will be highly appreciated.
There really is no line, and so as far as I know, moving has no effect – even if the move causes your case to switch to a different asylum office, my understanding is that you will be considered based on your original filing date. Of course, under the LIFO system, since there is no line, I am not sure that it makes any difference. Take care, Jason
Thanx alot and appreciate your kind response
Hi Jason my attorney want to file a motion to advance to the immigration judge court about my individual hearing.for how long it gonna take for the judge to accept the expedite interview and gives us the court date because I have docket case on 02/27/2020
It is totally unpredictable and many judges will not advance cases. It just depends on availability and on the judge (and probably the judge’s clerk). Your lawyer can follow up if there is no news. Take care, Jason
Hi Jason, how often are I-485 applicants being called for green card interviews these days? I’m aware under Trump they were conducting interviews..are they still doing that these days?
We have not had one in a while, but that may be because cases are moving so slowly. I have not specifically heard that the policy of interviewing asylees for GC has been revoked, but I may have missed it. Take care, Jason
Hello Json
I a applied for EAD renewal In January 1st ,2022 and i got a receipt a weak after .The receipt extends my EAD by 6 months .
Am i still in the >500 days EAD extension list . Will i be able to continue to use my EAD for those >500 days
i mean based on the new rule.
Thank You !
Anu
Everyone is eligible for the 540 day extension, so you are safe until mid-2023. Hopefully, that will be enough time to get the new EAD. Take care, Jason
Hi Jason,
I had sent an e-request few days back using USCIS portal for my pending case MSC21908XXXX for I-485 submitted Dec 2020.Today I have received one reply from homeland security office Miami,Florida that I will receive a decision within 90 days.Can someone help to advise what does it mean or it is a common reply from them?I applied from New York.
Cases get moved all around due to their work load, so I do not know that a message from Florida is particularly meaningful. We have been seeing asylum-based I-485 cases take 2 to 2.5 years, so maybe this is just a general message about the time frame, or maybe it is specific to your case, if it is in some type of queue. Hopefully, you will get a decision in 90 days; if it takes much longer, you can reach out again, but my guess is that you will get a decision relatively soon. Take care, Jason
Thanks for your reply.
Furthermore I see the address from where I got response for my e request id Kendall field office Miami Florida even I didn’t receive any notice that My case is now in a field office.Do you have any comments on that.
I do not think they ever give notice that a case is in a field office – they just schedule the interview at that office. Some field offices are better known than others (for example Seattle is a field office of the San Francisco office), but there is no easy source to know whether your case falls within a main office or a field office. Take care, Jason
Hello, Jason!
I finished my asylum interview several weeks ago in SF office. Would the transfer of $1 million US dollars in several months from my country bank account to my U.S. bank account affect the asylum decision? Because I heard rumors that transferring a large amount of money to a US bank before the case is approved would make the USCIS officers think you have strong immigration tendencies, which is not good for your case. Is that reasonable? Thanks for your reply!
I do not know what the security background check looks at, and so it is possible they will know about such a transfer. Whether it will affect the asylum case in any way, I do not know. I doubt it, but I guess it depends whether they think the transfer is suspicious. I suppose if you can wait until the case is done, it avoids any potential problems, but there is no way to know how long that will be. Take care, Jason
Hi Jason,
I have a question, I applied for renewal of my EAD On 1st March. I got receiving letter on 8th March. How can I speed up my renewal? I am an ASAP member also. I don’t want to lose my job due to expiration of my EAD. Please help me out.
A new rule goes into effect tomorrow which extends the 180-day extension to 540 days, so you should have plenty of time on the old card to get the new one. Because this extension will go into effect, I doubt USCIS will agree to expedite EADs, but if you wanted to try, I did blog posts about that on January 29, 2022 (for healthcare workers) and January 19, 2020 (for everyone else). Take care, Jason
Good morning Jason,
I entered the US in 2019 with MPP. I went to two courts and then abandoned the process for personal reasons. The judge ordered me removed. I entered the US again, and was processed and released after a month. Is it possible for me to petition for asylum? Please help me, I have paid over 6 thousand dollars to petition for asylum and now I am reading that is not possible for me to do so.
I am not sure – I have a feeling that you are no longer eligible for asylum, but it depends on the specific circumstances and you might be eligible for other relief, depending on the case. You need to find a competent and honest lawyer to get a consultation to explain to you your legal situation and what relief you may be eligible for. Take care, Jason
Hi Jason,
My asylum case decision has been pending in LA office for three months. I tried all the methods except for mandamus you mentioned in your blogger article of June 2, 2021. But I still didn’t receive any update for my case. Because my case was associated with the national interest and some other “special factors”, I wrote an email to some LA supervisor officers. But it seems that some officers’ work emails will reject personal email address automatically. Do you think it is wise to write an email to the LA office director to expedite my case decision with my case summary? Thanks for your help!
I do not write to the officers directly unless they have communicated with me (and I usually do not have their email addresses even if I wanted to). A three month wait is very common these days, and I do not think writing to them will make it any faster. I guess if you want to try, as long as you are polite, there is no harm, but I would not recommend that and I think it will not be effective. If you feel you need a decision quickly, your best bet is mandamus, but it seems to me that three months is a bit soon to start that process. Talk to a lawyer who does such cases to see what the lawyer thinks. Good luck, Jason
Hi Jason,
I applied for I-485 based on asylum in August 2019 at the TSC. In January 2022, I received a mail saying my case has been transferred to a new jurisdiction at the National Benefits Center. I am not sure where to check the processing times for that. Since you’re located in the same location as I am, is this common among your clients? Are there recent cases whose been transferred to the NBC? And if so, how long did it take them to get called for an interview or get approved? Should I even expect an interview, or do they approve your applications there?
Thank you in advance!
USCIS does not post processing times at the NBC. I am assuming that they are the same as the TSC, which for most people is 2 to 2.5 years (in other words, ridiculously slow). Take care, Jason
Hello Jason,
My brother was granted asylum. I got his i-730 approved and his family joins him in U.S as an deritive asylum status. During all this process, time runs fast and he got his citizen.
Now after a year when i applied for his family green card based on one year deritive asylees, uscis denies the application stating they no longer meet the defination of deritive asylee because principle applicant is no longer asylee and naturlized now. I am confused can you please guide us how to proceed further? Should I simply re-apply under different category i-e immediate relative of U.S citizeN? If so do we need to file i30? We have i730 approved not i30. Your advise in this regard would be highly appreciated.
Unfortunately, if the principal becomes a US citizen while the derivative still has asylum (and does not yet have a GC), the derivative becomes ineligible to get a GC unless they first do a “nunc pro tunc” asylum case. Sometimes, the denial letter will explain this, but essentially, they have to file for asylum themselves. It is not a full asylum case – they just need to prove the relationship to the principal. Once that is done (and I do not know how long it will take), they can either continue the existing GC cases (if USCIS put the cases on hold for the derivatives to do the nunc pro tunc cases) or they can re-file. That is one option. Another option, assuming all the children are still under 21 and unmarried, is for the principal to simply file forms I-130 for each person and they can get the GC that way (they will all have to file new I-485 forms + all other forms that accompany an adjustment of status case). This second path will likely be faster, but it is also more expensive. You might talk to a lawyer to see what the lawyer recommends. If USCIS put the I-485 cases on hold, maybe the nunc pro tunc option is better, but if the I-485 cases were denied, maybe it is best for the citizen to file I-130 forms and the family members can get the GCs based on that. Anyway, I recommend you talk to a lawyer to determine the fastest and least expensive choice. Take care, Jason
Hi Jason.
I have question. After being an asylee when you apply for a green card is there possible chance they might deny your application because of your unpaid taxes or driving tickets. What are would be the most reasons they might deny your application if you didn’t attend any crime and no lie on your asylum application
Thank you for everything.
I suppose they could deny a GC on discretionary grounds if you have not paid taxes. Probably driving tickets would have no effect. I am not sure I understand the other questions. If you want to travel outside the US, you should use a Refugee Travel Document. If you use your passport, you could be asked why you used the passport from a country that wants to persecute you (obviously, this is less of a problem if you fear non-state actors). Take care, Jason
Hi Jason
Good Day to you.
I have applied for I-485 on December 2020 after one year granted my asylum and last update was on March 2021 that Case was updated that fingerprint were taken.My Case number started with MSC.
But still today no update for GC.
Can you pls advise on which month currently USCIS processing I-485 based on asylum and can you pls advise a tentative usual processing time for my case would be based on approval for others.
Pls note that I have got I-130 approval already in 7 Months.
If you filed for a GC based on approved asylum, those cases seem to be taking 2 to 2.5 years. You can check case processing times at http://www.uscis.gov. Take care, Jason
Hello Jason.
I applied for I131 and I also have I485 pending. Today my I-131 petition status was updated to Case closed, benefits received by other means. What does this mean?
Thanks in advance.
I do not know. Did you apply separately for a travel document of some kind? Maybe you can try calling USCIS at 800-375-5283, but it is very difficult to reach a person. If you do, maybe they can give you an idea. Take care, Jason
Hello Jason,
Thank you so much for your help. My EAD renewal card is now under production.
Applied for renewal in February never received a notice of action. Called on March 25 and a receipt number was given to me.
Called again on April 19 to expedite as eligible health care worker with current EAD expiring in less than 30 days. And also created an online account To be able to follow as I still did not receive any notice in mail.
Was approved 2 days ago and received case action alert over email; when I checked online it says card under production and will mail to my address. I just feel relieve as my employer had already send me letter of termination if I did not renew on time.
Nebraska service
That’s great – hopefully you get it soon. Take care, Jason
Hello Jason. My brother came to Mexico and he needs to cross the US border in order to seek asylum. But yesterday his passport was stolen in Mexico or he lost it. He cannot find it. What can he do in this case?
Thanks a lot for your help.
I suppose he can try to get a new passport from his embassy, assuming he is not afraid of the home government. Otherwise, maybe he has other ID documents to prove his country of origin. Take care, Jason
Hello Jason,
God Bless you for your all help to the asylum community here in US , you’re doing the great work.
My case is pending since 2015 no interview still waiting.
The other problem is now work permit renewal filed renewal work permit in September got the receipt which gives you automatic extension of 180 days which is also due expiring on 20 May.
Still no response , tried to inquired online with USCIS which says your case is still within Nebraska service center processing range so nothing we can do .
My concern is after extension of 180 days which is fine expiring going to loose our driving license which they gave on receipt for 6 months only and also the job . My HR asked me so many times for the new work permit which i always responded that it’s under process .
Please advise what would be my options . I am very worried can’t afford to loose job . And I already the paid the work permit fees and have the receipt in hand.
Thank you
This is happening to many people. If you are a healthcare worker, you can expedite on that basis (I did a post about that on January 19, 2022). Otherwise, it sounds like you tried the “regular” expedite process, but maybe you want to try again – I wrote about the criteria to expedite on January 29, 2020. Unfortunately, you are not eligible to work lawfully without the EAD or the extension. Some employers are flexible about this, and allow people to go on unpaid leave, but many are not. I guess I would try again with the expedite process and see what happens. Good luck, Jason
Dear Jason
Thank you for all the help you provide for us. I am currently an Asylee and after applying for my green card and being interviewed, I havent heard anything from them and it has been a year and half. I tried calling them but they said I should wait. Is this common in your experience? What could be the reason for the long wait? What should I do next?
Unfortunately, it is very common and GC based on asylum have been taking 2 or 2.5 years. Things may be speeding up, but generally, it is still slow. If you have a reason to expedite, you can try that – I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
Hi Jason
Thank you for your reply. In total after apply for the green card I have been waiting 2.5 years and it has been 1.5 years since the green card interview based on the asylum. I’m sorry I didn’t clarify. Is this normal?
Unfortunately, it is not uncommon. Most cases are probably decided by the 2.5 year point, and so if there is nothing soon, maybe you want to inquire with USCIS (you can call them at 800-375-5283). The problem is that you are still within the “normal” processing time and so they likely will not take any action. If calling does not help, you can inquire with the USCIS Ombudsman (a link is under Resources) – they sometimes help with delayed cases. You can also try your Congress person. Take care, Jason
Dear Json
I applied for asylum 5 years ago but still nothing .Is there anything i can do to expedite ?
or claim based on my long stay here .
Thank You !
I did a post about expediting on March 30, 2017 – maybe that would help. Take care, Jason
Hi Jason I have a question ,I have a lawyer for my asylum case and I told you before they referred me to court and we send written pleading since one year but they never scheduled me for individual hearing and my case is in docket.the docket date is 02/27/20.
When I told my attorney about that he said why this is now the update my case in the system.when the case is in docket what is that mean ?they could schedule me soon for IH ?you said I could ask another lawyer to do motion for advance by expedite my interview.but if we send a lot of documents about my case they could cancel my case ?can I let the other lawyer to submit the advance motion ?
I think it is a bad idea to use one lawyer for the case and another lawyer to expedite, as this will cause confusion among the lawyer and if the case is expedited by one lawyer, the other lawyer may not be ready or available to do the case. I would use one lawyer for both. Also, if you are not sure about your court date and the system is giving you bad information for some reason, call the court and ask the receptionist. You can find their number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello Jason,
I am a dependent on my husband’s approved asylum case. He has already received his green card. Me and my son are still waiting for ours. I have an emergency to travel to a third country with to see my parent who is going to have a surgery. I applied for a travel document more than a year ago. I am still waiting for it. I expedited the process but nobody called me. My question is if I receive my green card before my travel document can I travel to a third country without a travel document? Will I have problem using my passport from my country? Even if I get my travel document there are countries that don’t put a visa in the travel document. They require my original passport. What do you suggest me to do?
Hello Jason. I went to Houston immigration court today to submit my I- 589 form for asylum but I was told my file number is not in their system and there refused to receive the application form.
What can do now again, I need your advice because I can afford a lawyer for now,
Please guide me.
Many thanks.
Tatason
If your case is not in court, maybe you can file affirmatively (see the form I-589 instructions). If your case is in court, but not yet docketed, you can Google “pre-order instructions in immigration court” and you will find instructions about how to file the I-589 form with USCIS so that you get a biometrics appointment and a receipt. At least this can be used as evidence that you filed the form, so you can hopefully be protected from the one-year filing bar. Also, you may want to look for a free lawyer to assist you – I did a post about that on September 22, 2016. Take care, Jason
Since you are a dependent, it is probably fine to use your passport and the GC to travel. If your husband’s asylum case indicated that the government of your country wants to harm all his family members, including you, then maybe you could be asked to explain why you used the passport, but I think this is probably very unlikely. Maybe you want to keep trying to expedite the travel document (or the GC), as it seems you have a good reason for that. I did a post about expediting with USCIS and maybe it would help – it was from January 29, 2020. Good luck, Jason
Hi Jason,
I have received my Green Card through my husband asylum. I have requested to withdraw my asylum application by faxing them my Green Card and the asylum officer confirmed that they received it and will be sending me the withdrawal confirmation through mail. Yesterday my status has updated to
“”INTERVIEW IS SCHEDULED”
Do I really need to attend that interview?
I’m not sure exactly what’s going on ?
Can you please help me what should I do?
I would email them again – include a copy of the interview notice, the GC, and your prior communications about withdrawing, and ask them again to withdraw. If that fails, you probably should go to the interview and withdraw in person. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Good afternoon Jason,
Thanks for all your help. My asylum case has been pending with uscis for more than 3 years now in CA office. I was planning to move to Chicago soon, do you think if I transfer my case to Chicago office then it might accellarate the process or it will still be moved to 3 years back cases? Or is it better to stay in CA not to make things harder?
Thanks in advance
Appreciate your help again
Hey Jason,
I did my individual hearing on 01-25-2022 online, and the judge said “NO DECISION TODAY” until they check my fingerprints. I haven’t received any letter, and the case is still pending. What does this mean and is there anything I can do to know the decision?
Some judges are better than others about issuing a decision. You can call the court and ask the judge’s clerk if there are any updates – you can find the number if you follow the link under Resources called Immigration Court. If you have a lawyer, you might want to check with the lawyer before calling. Take care, Jason
I do not know, and my impression is that is makes little difference. For that reason, I recommend to people that if they have to move, they should, as life must go on during these interminably long waits. Take care, Jason
Hey Jason,
My Asylum application is pending from 2018. Next month it will be 4 yrs officially. My passport also expiring in 2024. What should I do?
I have an attorney but they’re not doing anything much even after my multiple approaches/follow ups.
Tired of waiting and feeling so helpless. Please suggest
There is a not a lot that can be done – mainly, you can try to expedite your case. I wrote about that on March 31, 2017. Anyway, it is worth a try. If that does not work, maybe you want to try a mandamus lawsuit – we wrote about that on October 2, 2018 (that post is about a mandamus after the asylum interview and before the decision, but the idea is the same even if you did not have the interview yet). Take care, Jason
Hi Jason
What do say to the lady when you call the Uscis number so that she can transfer you a live agent please it is urgent I speak to real person. Called 100 times and she end up dropping because I kept asking to speak to an officer or agent or someone.
I am desperate.
Some people say “Info Pass” – maybe that would work, or maybe others have different ideas. Good luck, Jason
thank you so much, I did try with info pass and it went through. currently on the hold and hopefully will get someone soon.
God bless and rewards your hard work here dear Jason, I truly appreciate all your effort to ease our burden
Hi Jason, I have a GC based on asylum.
Since I received my GC in 2016 I have traveled a lot using my cop passport, I requested a 2 year extension of my passport within USA by mail in 2018. So my passport is expired since 2020. I have been able to travel only to the countries that accept expired Venezuelan passport since then, I have never traveled to the country of persecution. Do you think this is an issue for my naturalization? Any experience on this ? Thanks
I think you should be prepared to explain why you used the passport and why the government of Venezuela was willing to renew your passport. I think you will probably not be asked about this, but you might be, and so it is best to be prepared with an explanation. I have never had a client denied for using a passport from the country of persecution, but that is not impossible and it is best to be prepared. Take care, Jason
jason thanks for everything uou doing for us, My timeline,came on visa, applied in 2014, Interview in 2017, waited for decisions 2 years, referred to court, Was waiting for individuals hearing hot married to US citizen, Recently applied i130, nothing yet from USCIS, last month got approved in court, long 9 years journey, i need your Suggestion, should i go further with i130 or wait for 1 year to apply for green card , i read all comments people waiting for green card almost 2 or 3 years after asylum approval, one more question can i get travel document and travel to Middle East for short time to see my parents they will also travel to meet me in UAE, any issue when i am coming back to US,
You can get the GC either way. Given the various wait times, probably you will get your US citizenship faster if you get the GC based on the marriage, since people who get a GC based on marriage to a citizen are eligible for their own citizenship 3 years after getting the GC. Since you already paid for the I-130, there is no additional cost either. In terms of travel, whether you travel based on an asylum GC or a marriage GC, it does not erase the asylum case, and so you need to be careful about using your passport (especially if you fear your home government) or traveling to your country. Take care, Jason
Hello Jason
I am eligible to apply for expedition as healthcare worker but do not know this work. Is there a form to fill and send by mail or just by giving them a call as it is mention on the website. Can you please provide some detail. Knowing that I only have the receipt number and never received the notice of action in mail.
Thank you
I did a post about this on January 19, 2022 – basically, you have to call, but check that post for more info. Take care, Jason
Hi Jason I check my EOIR and It changed to Docket date “02/27/2022
But my case was not like that .what is that’s means ?
I am not sure, as usually it should only show a future date. The system is a mess, so maybe it is an error. You can call the court to ask the receptionist or the judge’s clerk. You can find the number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason I check my EOIR statut and it changed “docket date 02/27/2020 but it was not like that before ,can you explain this one to me please ?
Hi Jason ,I understood.but it’s two year now I was referred to court and one year we submitted written pleading and they put this docket date .can my attorney ask for advance motion for my individual hearing?i asked him before but he told me the court will schedule it and he doesn’t want to expedite my individual hearing.I don’t know why
You can ask – that is completely your decision (and your lawyer’s, but if the lawyer won’t do it, you can look for a lawyer who will). I did a post about expediting court cases on April 20, 2017. Take care, Jason
Hello Jason.
My wife got approved asylum and she was able to file an I-730 for me. I was in the process of trying to expedite the case because my grand mother was very sick. As i was gathering the documents to send to uscis. I received a call that my grand mother has passed away. Very hurt but what can i do? The question is. Can i still ask uscis to expedite the case. I know even if they are able to do so. I won’t be able to make it to the funerals. I still would want to try it. Also, Is I-730 (relative that lives in the US) qualify for premium processing?
You can continue to try to expedite, but it is very difficult to make USCIS do its job faster. You can say that you need to go see your family as soon as possible due to your grandmother’s passing. Premium processing does not apply to I-730 forms, unfortunately. Take care, Jason
Hi Jason I check my EOIR statut today and it’s shows “docket date “ 02/22/2020
What’s means ?explain it to me please
I am not sure, as usually it should only show a future date. The system is a mess, so maybe it is an error. You can call the court to ask the receptionist or the judge’s clerk. You can find the number if you follow the link under Resources called Immigration Court. Take care, Jason
Happy Easter Jason.
Are you here in Houston? I need your advice.
Am eligible for TPS as a Cameroonian, should I just go ahead to fill the form I_821 or should I just go ahead to apply for my asylum claim I_589 form . Am six months now in the united states.
Am looking forward to your advice
Remain bless,
Tatason Bernard Nchotu
I am in Washington, DC. USCIS has not yet posted info about Cameroonian TPS, and so you may want to wait for that to see what it says. But the form is the I-821. TPS and asylum are different applications with different requirements. You can do one or the other or both, depending on what you need. You may want to talk to a lawyer about what is best, but if you need a temporary solution, TPS may be fine. If you need a more permanent solution, then asylum is probably the better choice (or both). Take care, Jason
Hi Jason
I have got my Asylum approval last month I have two questions
1- My parents B1/B2 Visa will end by Next month so they will need to apply for renewal does there’s anything that let them worry that the Embassy might not renew their Visas ? They visited me 4 times before which means they come and go which will make sense to the officer that they will not think about staying here in USA and return back.
2- I will apply for the green next year so can I expedite my Green card coming the Fact that I am a cancer patient ? Does USCIS consider that ?
Thank you so much for your hard work.
1 – It is possible that the embassy would not renew the visa due to your asylum, but I think that is unlikely. You cannot file for them to get status in the US until you are a US citizen, and so they embassy should not have much reason to deny their visa. If they know about your asylum, they should be prepared to explain why they will also not seek asylum in the US. Also, while your asylum is confidential, it is not impossible that the embassy will mention it to them. The embassy should not do this, as it is illegal, but I have seen examples where it happened (but they did not give details; only stated that the relative in the US has asylum). 2 – You can try that, though it is difficult to expedite. I wrote about expediting with USCIS on January 29, 2020 – maybe that post would help. Take care, Jason
Hi Jason,
1) can TPS holder (with pending asylum) apply for adjustment of status while in the country?
2) if I have pending asylum for 5 years and applied for TPS today, will the 5 years (out of status) be waived and be considered in status and re-entry bar no longer apply?
1 – I think it depends on the basis for adjust, but at least in some cases, it is possible. You would need to talk to a lawyer about the specifics. 2 – Time in the US with a pending asylum case is not “unlawful presence” for immigration purposes. However, if you were in the US before you filed for asylum and you were out of status, that time would be unlawful presence and it would not be erased by the TPS. Take care, Jason
Hi Jason,
I am applying for adjustment of status and I need to send I-693, Report of Medical Examination and Vaccination Record. The problem is that form I-693 on USCIS website is expired and they still did not publish a form with an updated date. Do you think I can use the expired form from their website or should I wait for an updated one?
This is hilarious!!
I just checked myself on USCIS website and yes, you are right it is indeed expired.
I look forward to seeing Jason’s response to this, he will be so frustrated 😀
This is the least of my frustrations these days – usually, the “edition date” on the USCIS web page says that they still accept the “expired” version. Why forms have expiration dates (which USCIS largely ignores), I do not know. I understand expiration dates for milk or hamburger, but for forms? Take care, Jason
You can check what additional dates they accept at the I-693 web page at http://www.uscis.gov. But the doctor fills the form and should have the most recent version – just make sure you use one of the doctors on the list of designated physicians. Take care, Jason
Jason, I looked up the statuses of I-485 applicants and it says that 42% of applicants get this message “After an average of 680 days, 42% of users received CASE TRANSFERRED TO ANOTHER OFFICE”.
Does that mean that if that specific office is incapable of handling their backlog, they send it to another office?
I do not know where that data comes from, but some cases are transferred to different offices. Sometimes, this is done because USCIS is distributing workload to various offices. Other times, it is done because they need to send the case to the local office for an interview. I do not know if it happens in 42% of the cases, but it is common. Take care, Jason
There is an app called Lawfully, where it tracks and analyzes your case status.
Thanks Jason.