Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hello Sir
I am on pending asylum as a derivative for almost 7 years now.
I just got laid off my office job today and wanted to ask if it’s advisable to apply for unemployment benefits while you are on pending asylum?
Thank you for all you do. Much appreciated.
I applied for asylum on 23rd April 2022 and sent i-589 form along with all documents to USCIS but till now I didn’t received any response and still waiting for my receipt notice. What should I do please guide me ?
This is happening to many people. It may be another month or longer before you get a receipt. The receipt should indicate the date USCIS received the application (late April, I presume). Take care, Jason
Unemployment benefits have no effect on an asylum case and I do no see how they would have any effect on any type of immigration case, so I think you are fine. Take care, Jason
after I finished the asylum case interview I-589 which i was waiting for it since 2015 my decision still pending for 6 months now and after reaching newark asylum office asking about the decision i got a letter saying that my case are still on extended review and other than that a request from them to me to be patient dou the pandemic and office capacity.
any idea what that means pleas and if this is normal.
Long delays after the interview are common, and the pandemic seems to be their excuse. I don’t get it, since they are interviewing few new cases, you would think there would be time to complete older cases, but that is not really happening. I did a post about delays after the interview with some ideas about what to do on March 30, 2022, if you are interested. Take care, Jason
what about their response back with (your case is still on extended review) any clue from that.
thanks
I am not sure if that is new and simply means that USCIS is super slow, or if that means there is a specific issue for your case. Either way, it sounds like they want you to be patient and they do not expect to issue a decision in the near future. Take care, Jason
Salam, can u kindly tell me which month of 2015 did u apply? Plz
I applied for asylum on 23rd April 2022 and sent i-589 form along with all documents to USCIS but till now I didn’t received any response and still waiting for my receipt notice. What should I do please guide me ?
Dear Sir
I was granted Asylum. My GC application is pending. I applied for I-131 RTD on 10/25/2021. I was received the receipt Notice dated 05/13/2022. However, when i checked my case status online it says, “Case Closed Benefit received By Other Means”.
I can’t understand the meaning of this as my GC is also pending.
Please help me with this sir.
Thanks
I do not know, as that sounds like a USCIS error. Maybe you can call them and try to talk to a person about it: 800-375-5283. You can also make an online inquiry at USCIS Help – there is a link under Resources. Take care, Jason
Hi Mr.Jason
I had an i-485 pending case for a while now after I did 2 intervew and I recently got a response back on my case request it said that my case is under extended review, my question is what that means and whether it’s good or bad.
It does not sound good. Maybe there is some issue (did you pay any money to terrorists or criminals? Even if you did not want to?). Such cases are usually resolved – eventually. I just had a client who paid a ransom get his GC. It probably took 3 or 4 years longer than a “normal” case, but he now has the GC. You might talk to a lawyer to evaluate the situation and decide what action you can take, including possibly, a mandamus lawsuit. Take care, Jason
No, I didn’t do that even though I confirm that many times during the interview.
How long I should wait before going into a mandamus lawsuit as I don’t have extra
resources to spend on such steps.
Thanks
Even if you did not have any type of issue like that, if USCIS thinks you have such an issue, it could delay. It could also be something completely different – you might want to have a lawyer review the case. Otherwise, try to inquire with USCIS (see USCIS Help under Resources) and try the USCIS Ombudsman (a link is also under Resources). If all that fails, you can try a mandamus lawsuit. In terms of wait times, it is impossible to say, as wait times are not predictable, especially if there is some issue with the case. You will just have to decide if you want to try the lawsuit if nothing else is working. But maybe making these inquiries will help, and once you make the inquires, you need to give USCIS several months to respond. Take care, Jason
Hello jason,
form 1-693 ,report of medical exam Is expired on the uscis official website as it says expires on 3/22/2022 so what’s the solution now as i have an appointment on next Thursday to finish the medical exam and i have to fill the first page as i know! How can i get a valid form ?
All the doctors on the USCIS list (https://my.uscis.gov/findadoctor) have the medical exam form. Take care, Jason
Hi Jason ,
Hope all is well with you I have two questions would like your thoughts. Thanks
First one : Do Traffic speeding ticket affect permanent Resident application?
Second one : Next year I will apply for my PR can I request expedite since I have a cancer medical condition and want to take my citizenship so I can have my family come to stay with me ?
1 – Normally, no, unless maybe it is reckless driving, DUI or something else serious. 2 – You can – I wrote about expediting with USCIS on January 29, 2020. I am not sure whether it will work, but there is no harm in asking. Take care, Jason
Hello sir,
First of all May God bless you for all of your good work you do for the most deserving asylum community here in USA.
I am the asylum applicant waiting for years now for the interview. Almost 7 years now in June.
Now got a sponsor for green card thru labor certification. As a pending asylum applicant unable to change the status with in the country and needs to travel to some 3rd country for GC interview.
I need your suggestion on this should I go ahead with this new move is it wise and worth it after waiting this much time.
My lawyer is saying it’s like a parallel path which is wise to do just in case tomorrow asylum case will not come in our favor no matter how strong case is you never know the outcome. So this employment base GC process can work as a rescue.
I need your sincere advise on this sir.
Thank you
It depends on the specifics of the case. I wrote about employment-based immigration on August 28, 2018 and September 6, 2018, and maybe those will help, but you need to talk to a lawyer about your eligibility to be sure. Take care, Jason
I have the same situation. A sponsor for a green card and an interview for my asylum case. But I don’t have an active status. I will see how the interview goes.
Hi json
Thank you for you help
I have a question i moved permanently to another state and changed the address using their online tool
https://egov.uscis.gov/coa/displayCOAForm.do it says if we change address online no further action is required
just to confirm with it is the case i mean i don’t have to do anything after i changed the address online
Thanks
Daniel
Assuming you used an AR-11 form and got a confirmation, that should be all that is needed. Take care, Jason
Hi Jason,
Thank you so much for helping well thought asylum related information.
I just want to ask you about initial request for employment authorization(C-08). I was informed that the USCIS used to issue 30 days after application( once you apply 150 days after your I-589 receive date and attach ASAP membership). A friend told me that she applied for her first time EAD application in the first week of May and she has not got any decision yet. She only got the receipt notice of the I-765. Is this common or a new phenomenon. Has others, you know, similar experience?
Regards
The most recent news was that USCIS indicated it would issue initial EADs in 30 days. Of course, it seems that have not met that goal and it is taking maybe 2 or 3 months for most people. I imagine they are working towards the 30-day goal, so hopefully that will start happening soon. Take care, Jason
Is it advisable to apply for a travel document outside the USA when your case is still pending with no interview yet?
Thanks
As far as I know, you must apply for a travel document when you are in the US. For some types of travel documents, you can pick them up overseas (I think at the US embassy), but I have never tried that for a client as I do not trust it will work. I would guess that if you have a pending asylum case, the only travel document you can get is Advance Parole (form I-131, available at http://www.uscis.gov). I do not recall whether you can pick that up overseas or whether you need to get it in the US before you leave. The instructions and the form should discuss that option. I also wrote about AP on September 11, 2017. Take care, Jason
Hello Jason.
I just received a letter from uscis for an in person interview at the field office here in Phoenix for June 28th. I’m the beneficiary in the I-730 and live here in the US. I had an asylum case that was referred to a judge. But i was able to dismiss it without prejudice prior to my husband applying for my I-730. The letter says that Once in the uscis office, i have to ask for Welcome center. Also my husband can be there with me but is not required to appear. I thought the interview was to see if our marriage existed before the asylum approval and to see if it is not a fraud. Why wouldn’t my husband appear? And what are the questions they gonna ask me? Is it going to be questions about my asylum applicatiob? His asylum? And also is it possible that i get a verbal approval the same day?
Thank you for your help.
I think it is best if your husband attends. They should verify the marriage at the interview, but it may be that they already have sufficient evidence about that, and so do not need your husband (though again, I would bring him along just in case). They typically do not ask about the principal’s asylum case, but they could, so it is good to know the basics and if you do not know an answer, just say that you do not know – do not guess. I think they will not give an approval that day, though they may indicate that they plan to approve and that you will get your decision in the mail later. Or, if they need additional evidence, they should give you a letter explaining what they need. Take care, Jason
Thank you for your answer. What about questions about my own asylum case that is dismissed?
I am not sure what the question is, but if your own court case was dismissed, you should be eligible to get asylum from USCIS based on the I-730. Take care, Jason
Hi Jason. I do have a quick question. Thanks for all your help from now. So Im on removal proceedings right now. And my asylum was pending almost 3 years now at the immigration court. Im trying to faster my court date as earlier as possible. I saw on a website that New Mexico, Puerto Rico like that states has less cases and waiting period is also shows less time than most of metropolitan areas. Do you think it would be a good idea to move there to faster the case. Also Im trying to get it understand. So lets say if i move to puerto rico (and my case is pending more than 3 years) they will put my case all the way to the backlog or i would be front of anyone who applied after me. Thank you again
It is very difficult to predict whether moving will help. Things are constantly changing, and in general, I feel like if you have a decent judge, you may be better off either trying to expedite the case (I wrote about this on April 20, 2017) or just waiting. That said, I guess if you have a long wait and you find a court with a short wait where the judges are ok, you can move. Probably you have been checking the TRAC Immigration website, which is the best source on all this. If you move, typically, you will be set for a Master Calendar Hearing and then an Individual. It can take a while for the case to move and to get scheduled for the MCH, and for this reasons, moving often does not help, but it is something you can try if you want. Take care, Jason
Hello Json
I am on a pending asylum since 2017 ,I moved to NJ last week from Maryland and i also changed my address on USCIS website .i am expected to move my asylum case as ? i didn’t do any interview yet . Which state is better for my case for higher chance ?
I did a post containing the most recent data that I have seen on February 5, 2020. In my experience, there is not much different between the Arlington and Newark offices, but you can look at that data for yourself and see what you think. Take care, Jason
Hello Jeson
I moved from East Cost to West cost i am on Co8 category . Am i expected to move my case to west coast as well is it mandatory?
tnx
If it is a permanent move, you are required to update your address (use form AR-11, available at http://www.uscis.gov). This will cause your case to move automatically. If you do not move, when you get to the interview, they may cancel it if they think you do not live within their jurisdiction and they you potentially have to wait again. Take care, Jason
Hi Jason,
Kindly, I applied for EAD (initial issue) under pending asylum for more than 180 days and I am a member of ASAP. So when should I expect it, please? It has been received 15 days ago. Thank you very much for your input.
I think they claim that the EAD will be issued in 30 days, but that has not been the experience for most of my clients. I think 2 or 3 months is more normal, but hopefully, you will get your EAD faster than that. Take care, Jason
Hello Jason.
My wife got approved Her asylum last year in september. She applied for I-730 for me on January. I was able to get congressman inquire to expedite because i have my mother that is sick. I just received a notice for interview for July 13. My question is will I receive a decision right after the interview? Or the decision will be a long wait again luke we did on the asylum decision?
If this is at an embassy, you should get the decision quickly – hopefully a few days or weeks. I have not had an I-730 case in the US for some time, and so I do not remember the time frame. There is a link under Resources called the I-730 Family Reunification Manual and maybe that has some info about time frames. Take care, Jason
If the parents are on asylum and their daughter becomes a citizen by marrying a us citizen, will their be any complications for the spouse or the daughter if the parents case isn’t approved. Can the parents case have issues getting approved or would it go smoothly?
If the parents are on asylum and their daughter becomes a citizen by marrying a us citizen, will their be any complications for the spouse or the daughter if the parents case isn’t approved when the daughter sponsors her parents? Can the parents case have issues getting approved or would it go smoothly?
Assuming the parents are eligible, this is probably a good option. It is usually pretty easy. Take care, Jason
What exactly do you mean by eligible? Are background checks going to happen for them and will the daughter and spouse be interviewed?
I mean that they are eligible to get a GC based on the family relationship. Most people who entered the US lawfully and do not have a criminal history or a deportation case are eligible, but you might check with a lawyer about the specifics to be sure. There are background checks for all cases, but GC background checks seem to be much easier and faster than asylum background checks (or maybe USCIS just gives GC background checks priority, but either way, we rarely see long delays for background checks for GC cases, and these delays are common in asylum cases). The petitioner (whoever filed for the non-citizen to get a GC) is usually interviewed for these cases, so you should expect that. Take care, Jason
So just to clarify the spouse who was the original us citizen before marrying the daughter of the parents with asylum would be interviewed and not the daughter (got citizenship through marriage) who sponsored her parents?
Would entering the us on a visiting visa and then later applying for asylum be legally entering USA? Is it too risky for the original us citizen to apply for his spouse who will then sponsor her parents if you don’t know the exact details of why they left their home country and filed for asylum? Will their be background checks done on their validity of their case from back home even if the daughter is sponsoring them for green card?
Whoever filed the petition for the parents is the person who would likely be interviewed (but the petitioner is not always interviewed). Only a US citizen can sponsor a parent. If the petitioner got citizenship from her spouse, the spouse would not be interviewed (at least I have never heard about a case like that). If the person entered legally with a visa, the fact that they later applied for asylum is not relevant here. I do not understand the other questions, sorry, or why there would be a risk to anyone in this scenario. In terms of the background check, I do not know the details of those, as they are not public. Take care, Jason
If the us citizen is sponsoring an opt and not sure what their status was for a couple of years after entering the states until becoming a student and on what status they entered- will this play a part or will only the current student status be looked at?
Also, if a cosponsor is being used will the us citizen who is sponsoring be financially responsible (especially if the marriage doesn’t work out) or will only the cosponsor be responsible?
As long as the person entered lawfully, it should not matter, but I do think you need to determine what status the person had before getting a student visa, since the form asks for the status at time of entry (at least I think it asks for that). In terms of sponsorship, both people would have liability for the financial situation, even if the couple gets divorced. I believe the form instructions and maybe the form itself discuss this, but if you are not sure, talk to a lawyer. Take care, Jason
I think it is very unlikely that the daughter would have problems because of the parents. Maybe if the parents or daughter lied in the parents’ case? If the daughter is a US citizen, maybe she can file to get green cards for her parents – I wrote about this on August 6, 2018, but if this is a possibility, talk to a lawyer about how to do it. Take care, Jason
Hello jason
I told you 2 days ago about my struggling to get my RTD tho it’s been 10 months and half and still got nothing!! I called USCIS yesterday and they told me we can’t do anything cause you still within the processing time for RTD which is 12 months!!! No what can i do? I’m really depressed and feel forgotten And became hopeless so what can i do now? I need to travel by the end of July
If you have a reason to expedite, maybe you can try that. I wrote in general about expediting on January 29, 2020. It may just be that USCIS will not expedite an RTD, but I think if you have a reason, you can try. It is outrageous that this document should take 12 months and that it is only valid for 12 months. Hopefully, they will extend the validity of the document, as that is very easy to do and would help a lot of people. Take care, Jason
Hey Jason,
I had my individual hearing 6 months ago, and the case was reset for a decision pending fingerprint clearance. I received a notice with a second individual hearing date so that the judge will check the status of my background checks. What do you think will happen during this 2nd individual hearing, and does the government attorney usually ask for an appeal or not?
It depends what the judge told you. Sometimes, it is just to issue a decision, but sometimes, you have to submit evidence or testimony. If you have a lawyer, ask the lawyer how to prepare. Otherwise, maybe you can call the DHS attorney to ask whether there is anything they need from you. You can find their contact info if you follow the link under Resources called DHS Office of the Chief Counsel. Take care, Jason
Hi Jason,
The judge told me last individual hearing that no extra evidences are required to be submitted end this upcoming individual hearing is just to issue a decision. But my question is if the judge approves the case can the DHS attorney ask for an appeal and the case will get delayed again?
If the judge approves the case, DHS can appeal. If that happens, the case goes to the Board of Immigration Appeals, a process which probably takes 1 or 2 years. It is very rare for DHS to appeal a case, but I suppose it can happen. Good luck with the decision, Jason
Jason, my attorney suggested me to request PD (my case is in mch) and said if pd granted Conditions will be removed from deportation procedure and my work permit will be valid. She said I will be interviewed second time by AO so I will have good chances to win there again with some extra supporting evidences. If denied again, I can go to court. Is that correct. Pls advise.
I would be careful about that. If you have an EAD based on asylum pending, your EAD will technically become invalid once you get PD. Maybe no one will know, and you will still be able to work while you have the EAD, but technically, it is invalid once the case ends. Also, you will not be able to renew. If you re-file a new asylum case, you have to wait 150 days before you file for an EAD. If you have new evidence and you have a decent case, maybe you want to go forward with the court case (and submit your new evidence), but it depends on the case and what other options you have. I wrote more about in a post from last week – maybe that would be of interest. Take care, Jason
Hello Jason,
Just to mask your advice. We filed our asylum in October 2016 in Arlington office. So far there is nothing. No interview, no nothing. I heard from others they are being called.
My kids are growing and they already forgot all their local language. Soon they will go to high school. I am worried. If this thing gets delayed, they may not even be able to go to college since they can not secure a student loan.
Do you think I should request expedite or can I be patient?
I am just worried that’s why.
Please advice.
Thank you so much,
Most old cases are not moving. In our offices, the only interviews we are seeing are expedited cases and certain Afghans that qualify for expedited interviews. If you want to try to expedite, you certainly can try. The worst that happens is that they say no (which is common). I wrote about expediting on March 30, 2017 and March 23, 2022 – maybe those would help. Take care, Jason
Hello Jason,
I would like to request you to please clarify the following :
There are mixed answers/reactions on the internet for :
Whether an AS7 and AS8 ( spouse/children ) GC holders, derivative dependents, of the principal applicant AS6 category travel to the country of persecution.
If yes, can they renew their home country passports or do they have to apply for RTD, which usually takes a lot of time to get issued.
Is there any risk linked down the road, whether at the immigration check at US airports, or at the time of applying citizenship ?
Thank you.
In general, derivatives can travel to the home country and get passports with no problems. However, if the original asylum case indicated that the whole family was in danger, this could create issues. So it depends on the case. I wrote a bit more about this on May 25, 2022 and January 26, 2022. Take care, Jason
hello Jason,
Hope u doing good. I hAve question. My Ead will expire on Dec this year. I wanna apply for Ead renewal as pending asylum. Actually my wife is on disability (pragnancy leave) so no job and I have irregular salary coming coz take-caring of her and my newborn. I have some saving too. Base on this can i apply for fee wavier is it okay? And will it take longer than normal process if i file fee wavier with Ead renewal? Please let me know.
Thanks
It sounds like you may be eligible for a fee waiver, form I-912, available at http://www.uscis.gov, but you have to check the form instructions. It is possible that a fee waiver will make the renewal process slower, but as long as you file for the new EAD before the old EAD expires, you now receive a 540-day extension of the old card (this is new and I wrote about it on May 11, 2022), so that should give you enough time to get the new card. Take care, Jason
Thanks. God bless you
Hello jason,
Today I completed 10 months and 13 days and still didn’t receive my RTD!!! Is that even possible? I saw you before saying it was taking 10 months and now I’m heading to 11 months and still got nothing!! Is that make sense to anyone?! I tried to call them but the USCIS keeps transferring my call to answer machine and then nothing so I can’t really reach to real person to talk to.
Please any advice?
Unfortunately, this is not surprising, but it is ridiculous that the RTD should take over 10 months, especially when it is only valid for a year. Besides trying to call, you can make an online inquiry if you follow the link under Resources called USCIS Help. I do think calling is best if you can ever reach someone – maybe try saying “Info Pass” and see if that helps you get through their maze to find a person. Take care, Jason
Hi Jason.
I really appreciate for all your help. I have a question. So how long does it take to receive an answer from Immigration Court after applying for a motion to expedite your case. I also read the article you wrote about expediting the case. And I just wanted to check any updates so far. So if no judge is assigned to your case, is it still hard to get a court date after applying for a motion.
Thank you again.
If no judge is assigned, my experience is that it is probably more difficult to get them to expedite a case, but if you have a good reason, it may still work (or if you do not have a good reason, but you are lucky). Basically, you have nothing to lose by trying, so there is no reason not to try. In terms of the time, it varies a lot depending on the judge, but if you do not have any answer in maybe 60 days, you can call the court to follow up with the judge’s clerk. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hello Jason,
Asylum seeker are not eligible for real ID ? I renewed my driver licence and choose the upgrade option then paid for upgrade fees, about $35. When the card came in the mail it says not for real ID purpose.
My passport is now expired and I was hoping to be able to fight with my ID card when driving cans not be possible.
Sorry, I am not sure about that. Maybe you can ask the DMV or maybe someone here knows about licenses. Take care, Jason
1.Depends on the state. In some states you just need xtra evidence of residency in that state, some state you need more info. If you have EAD you can get Real id usually.
2.you DO NOT need a REAL ID to fly in the US. It says NOT FOR FEDERAL ID, but you can still use them to flight DOMESTICALLY until October(i think),2023
Hello Jason,
I have a question regarding creating an LLC while having a pending I-485.
I’m currently working a full time job on the TPS EAD and my company filed the I-485.
Is there anything preventing me from creating and LLC independent from my full time job and working on it (freelancing)? (from USCIS’s side)
Thanks
I do not think so. There was an academic article about this point recently (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4046910&dgcid=ejournal_htmlemail_immigration,:refugee:citizenship:law:ejournal_abstractlink). It may be a lot to look at, but there may be useful info for you. In any event, with a valid EAD, you can work anywhere that will hire you, so I see no problem in creating an LLC. Take care, Jason
Jason, I have a question on GC approval process.
Me and my wife applied for GC about a year ago. My wife is a primary asylum applicant. Our case numbers are sequential, my GC was approved more than 2 months ago but my wife’s status still shows as Fingerprints were received.
Don’t they process such family cases together?
Such cases are usually not processed together, at least in my experience, and so the fact that you filed at the same time but get GCs at different times seems totally normal. There may be issues with her case, but it may be nothing – the “normal” processing time for these cases is about 2 years (or more) and unless she is beyond that time, there is probably nothing to do but wait for a decision. Take care, Jason
Hi Jason as I told you before ,my wife is my dependent in my asylum case.she is part of my case and she is here now but I was waiting for my individual hearing before she arrived here in USA .what can I do for filing ?she will go to individual hearing with me and we will be approve together or she must file another asylum case for herself ?
If she is also listed as part of the court case, she can file her own I-589. Sometimes, there are good reasons to do this – I wrote about that on February 10, 2022, but she/you should also talk to a lawyer about the best approach in this specific situation. Take care, Jason
Hello jason,
Does the USCIS choose the cases randomly? I applied for RTD August 4th 2021 and i know someone who applied July 31st 2021 and got her RTD one month ago while i applied 4 days after her i still got nothing but depression!!! Do you think that 4 days difference can make me late 1 month more than her!? Does it even make sense? Is there system that choose the cases randomly or they take it date by date??? Any idea?
I do not know, but I think they generally work on cases in the order received. Some cases require more time than others, and I presume some decisionmakers are slower than others, and so you cannot be sure exactly when a case will be completed. You can check the processing time for your type of case at http://www.uscis.gov and that at least gives some idea about how long most cases take. Take care, Jason
Good morning! I applied for asylum in 2016 and I was interviewed in December 2021 in Chicago office but so far I still have no results since it has gone from decision is pending to application is pending! Can you explain to me and 07 months already without a decision. I also completed a request to find out why the decision is delayed. I applied for an advance parole to travel in December! Is that a good idea? How long would it take to receive the asylum decision?
It is very common to have a long wait for an asylum decision. I wrote about how to inquire about the decision on March 30, 2022 – maybe that would be helpful. I wrote about Advance Parole on September 11, 2017. It is fine to apply, though it can be difficult and slow to get (maybe 8 to 10 months). But if you have it, you can travel and return to the US. Take care, Jason
Dear Jason
I hope you and your family will be fine and healthy
I heard in a YouTube video about backlog USCIS having rightnow like 10 million approved cases waiting for their green card process, that an advisory committee made by the president Joe Biden which usually gives recommendations about some issues , they gave an advice to president unanimously to order USCIS to reduce backlog through a presidential order specially those cases which are waiting for last 10 or 12 years like siblings of an us citizen and issue green cards within 6 months through special processing fees. Is it correct?
Will highly oblige your response.
Thanx
I highly doubt this is correct. Sibling GCs are limited by law and the President does not have the authority to change that without Congress. Maybe they are providing more funds to USCIS to try to reduce backlogs, but that will not decrease the wait times for siblings (which are related more to visa availability than processing backlogs). Take care, Jason
Thanx for your prompt response
Dear Mr. Jason,
Hope you are doing good. appreciate your service.
My asylum case is pending more than 5 years. my father is very ill and i need see him before he dye. I am plaining to file an AP to visit him, i checked direct filing address and i was confused where to file my application as there is nothing mentioned about asylum applicants. Do i have to go for ‘All other applicants (including re entry permit)’ category and find the address ?
Please answer me.
Thank you very much
If you are filing for AP based on asylum pending, I think you need to file at the address for All Other Applicants. Take care, Jason
Hi Jason, can one file for AP before asylum approval?
If you are at the asylum office – you cannot normally do that if you have an immigration court case. I wrote about AP on September 11, 2017 if you are interested. Take care, Jason
Sorry, it wasn’t clear. So, are you saying if one at Immigration court, he can apply for AP even before asylum approval?
If a person is in immigration court, he is normally not eligible for AP. Also, if you are in court and leave the US, even with AP, there is a good chance that you will not be able to return and will have deported yourself by leaving. I have had clients with TPS and AP, who were in court leave and return, but I think that is risky, and I would not advise any asylum seeker to try to travel and return to the US while in immigration court. Take care, Jason
Hi Jason I am waiting for my asylum court individual hearing since two year .I already send written pleading as they request but my wife got visitor visa and is here now .I want to know if my attorney need to file her EAD because she is here and I am waiting for individual hearing or he need to apply for another asylum case for her ?she is already in my file when I applied .
It sounds like she is not in immigration court with you and so is not part of your case. I think you cannot add her to your case, though if you are granted asylum, you could file for her to receive asylum later. If she has her own asylum case, she could file that and if she wins, she can file for you to receive asylum as her dependent. I do not think it is possible for you to file for asylum as her dependent now, since you are in court. You may want to look into this (and whether she could somehow become your dependent), as I have not researched these questions before, but I think that neither of you is eligible to be a dependent on the other’s case since you are in court. Take care, Jason
She is dépendant in my case .that is why I was asking.I added her before filing my asylum case
Just because she is listed on the asylum form does not make her a dependent. She would have had to have been in the US when you filed and she would have submitted a signed page 9 of the I-589 with her photo. She would also have had to receive a fingerprint appointment (normally at the same time as you). If so, she would be a dependent, but normally she would be with you in the immigration court case, though I can imagine some exceptions where she has a valid status here (so they are not trying to deport her), but you do not (so they are trying to deport you). Take care, Jason
Hello Jason,
Hope you are doing well, I applied asylum 2017, I got my interview may 5 , 2022, after 1 day my status change interview scheduled to decision pending and after 3 weeks it change to application pending, what that is mean? Is it good sign?
The asylum officer told us that my wife can apply asylum as well 589 form now. Is the officer put on hold because they are waiting my wife to submit her form?
I’m very nervous about it.
I think it has no meaning, except that your case is still pending. In terms of your wife, normally, they would not need her to file a form to make a decision in your case. Unless the officer explicitly told you that, I doubt she needs to file for you to get a decision. If you are not sure, maybe you want to email the asylum office with your interview info and Alien number, and ask about that. You can find their email if you follow the link under Resources called Asylum Office Locator. Also, decisions are often arriving very slowly, so you may wait months for a decision. Good luck, Jason
My wife is my dependent in my case already .what do I need to file for her EAD?
You have to check the I-765 instructions at http://www.uscis.gov. If it is an asylum pending case, aside from the items everyone needs, you should include a copy of your marriage certificate to prove the relationship, as well as a copy of her biometric notice and any receipt that lists her name. Take care, Jason
Hello jason
I applied for RTD in last August and it’s been 10 months and 7 days and still I didn’t get it and stuck on fingerprints were taken! I’m starting to get disappointed as i need to travel by end of July urgently!!! What shall i do now!? I feel bad to expedite now after been waiting for that long!
You should get it soon, but it is nerve racking that it is so slow. Maybe you want to call USCIS to try to expedite – 800-375-5283. I would not fee bad about calling, as you applied in a timely way, but USCIS has been too slow. Also, if you are interested, I wrote about expediting with USCIS in general on January 29, 2020. Take care, Jason
Hello Jason – Can you please elaborate the Changes in Asylum Process on May 31, 2022.
How this will effect applicants?
What can be done to save from these changes?
Will this effect ppl who applied before May 31, 2022?
Thanks!
The change on May 31 was related only to cases at the border. I wrote a bit about this issue on April 6, 2022, but unless you are at the US/Mexico border, this change does not apply to you. Take care, Jason
Hi Jason,
I have been waiting for asylum interview for more than 5 years in the Chicago office. If I may need to move to New Jersey, would that help me get an interview there? Or would it complicate everything further? I am not even sure if Chicago will send my case.
Best,
Orhun
I do not know that it makes any difference – those two offices seem pretty similar as far as I can tell. After you move and change your address (using form AR-11, available at http://www.uscis.gov), you can try to expedite the case. I wrote about that on March 30, 2017 and March 23, 2022. Take care, Jason
Hello Jason,
I got approved asylum 4 years ago and have been a green card holder ever since. Now I’m applying to be a citizen. I have a sister back home, she is 13years old. What is the best way for me to help her get a GC?
What is going on is that we come from a very conservative family and we are scared that our Dad try to force her into a marriage by age of 15. Right now she already has a visas to come here. I want to know what is the best way for me to handle this and make sure I’m able to help her be here legally and able to get her GC eventually.
A US citizen can file for a sibling (a GC person cannot), but it takes 12+ years (you can Google “DOS visa bulletin” to see this). If she comes to the US, she can try to apply for asylum or maybe SIJ status (Special Immigrant Juvenile), but I do not know about the law here and what rights her parents have over her in the US. Maybe an immigration lawyer can help, but you might also need to talk to a lawyer who knows about child custody rules or child emancipation (freedom of the parents). It may be that your best hope is to convince your parents to allow her to stay with you in the US and attend school here. Once she is here, she/you can explore her options in terms of immigration and maybe obtaining guardianship over her. Take care, Jason
Mr. Jason ,
We are pending asylum applicants and our case is being referred to the court since one year so almost 8 yrs since we applied. Myself, wife two foreign born kids and two US born kids .
My question is that my sister filed our I-130 in 2011 and case got approved however according to the visa bulletin they are now processing 2007 cases. If our visa is available after 4 years are we able to adjust our status without leaving the US .
I would really appreciate your feedback in this regard.
Best Regards,
Murad S.
Unless you meet a (rare) exception, you would have to leave the US to get a GC based on your sister. I wrote about this on August 28, 2018 and September 6, 2018 – maybe those posts would help. When you are getting close to the time time, talk to a lawyer to look at the specifics and see whether there is a path for you. Take care, Jason
I have a question where do i send my i730 derivative forms to after i fill them by mail here in California
The I-730 web page at http://www.uscis.gov gives the Direct Mailing Address, and so you just need to check that (and it may vary depending on whether you send by mail or DHL/Fed Ex). Take care, Jason
Hi Jason,
I’m on a pending asylum for 8 years and my EAD is taking 8 months and still waiting to be renewed. My question is, will I be able to apply a new job with the new EAD extension or is the extension for people who already has a job and can resume? I would really appreciate your answer on this. Thank you so much and be blessed.
The EAD extension (which I wrote about on May 11, 2022) applies to the EAD itself and is not related to any specific job, so you are eligible to apply for a new job while you are on the automatic extension. It may be challenging to explain this to a new employer, but the article I wrote on May 11 has links to the USCIS web page, which you can show them and which is pretty clear. Take care, Jason
Hello.Jason,
I have a question for you. We changed the status of my children at the moment when they were Asylum pending (they are in my asylum case; I have still had been waiting for the interview since 2015) and a year ago, they received a Green Card( they father has won the Green Card and, as soon as he received his Green Card, he applied for changing the status for them). We showed that they were in legal status at the time they applied for asylum and, according to the USCUS case, they could change status before my case could go to the Immigration court.
According to the USCIS case,
“The pivotal question in this case is whether her failure to maintain lawful status was for “technical” reasons by virtue of the pendency of her asylum application that had been filed while she was in nonimmigrant status. Section 245(c)(2) of the Act; 8 C.F.R. § 1245.1(d)(2)(ii).”
“The regulations define the term “other than through no fault of his or her own or for technical reasons,” in pertinent part, as “[a] technical violation resulting from inaction of the [DHS] (as for example, where an applicant establishes that he or she properly filed a timely request to maintain status and the [DHS] has not yet acted on that request).” 8 C.F.R. § 1245.1(d)(2)(ii).5”
“We do not reach either argument and express no opinion thereon. We point out that both of these arguments carry adverse implications for the ability of aliens to adjust in other contexts, and that the DHS failed to respond adequately to the Board’s repeated requests relating to its own practices in this regard.7” (grey area)
“…we find that the “technical reasons” for being out of lawful status end when the
DHS acts other than favorably on a pending asylum application”. (important)
“…into account in determining the period of unlawful presence in the United States” for purposes of inadmissibility under that section)”.
“As previously noted, 8 C.F.R. § 1245.1(d)(2)(ii) relates only to technical violations of status due to “inaction of the [DHS].” It specifically provides that the applicant will not be considered to have failed to maintain status if a request to maintain status has been made and “the [DHS] has not yet acted on that request.”
“Once the DHS acted on the respondent’s asylum application by referring it to the Immigration Court, the respondent could not be considered out of status “for technical reasons.” (important).
According to my layer,
“The case is quite factually limited to that situation where the asylum application was referred to the Immigration Judge PRIOR to filing an application to adjust status. Here if your ex-husbands case moves quickly and he can enter the US with an Immigrant Visa, BEFORE the Asylum Office refers your case to the judge, then arguably your daughters could apply to adjust status here in the US.”
We submitted two status adjustment applications for two children, two applications were considered separately and two Green Cards were obtained. In each of the applications, we indicated the current status as an asylum applicant and released all information. I have a question for you, could you please tell me what is the probability that when applying for citizenship in four years, these green cards can be canceled due to the fact that they were issued by mistake (that is, they could not be obtained, since at the time of applying for a Green Card, the children did not have legal status and received their Green Card by mistake).
Thank you!
I do not understand why you think the children received status by mistake. If that is correct, they will not be able to get their citizenship and they could have the GCs revoked. However, I would be certain about their status before I make any decisions. In some cases, people who get a GC by mistake are eligible for a waiver (under INA 237(a)(1)(H) or sometimes a different provision). If the father becomes a US citizen and the children live with him, even for a short time, and if they are minors (I forget the cut-off age) and have GCs, they automatically become US citizens under the Child Status Protection Act. I think you need to look into all the possibilities and determine for certain whether there is an error with the GC and whether they are eligible to correct it. Take care, Jason
Thank you Jason. I don’t think that they have received Green card by mistake, but you has always said that the asylum pending is not a legal status for change.
There are a lot of factors, and so I think you need to get a definitive answer on this, so you know for sure. Take care, Jason
Good day! Mr. Dzubow
Hope you’re in good health.
I have pending affirmative asylum and still waiting for interview. My sibling (married) recently got approved & will be having oath ceremony soon. In any way can he help me?
Thanks & have a great time!
If your sibling is a US citizen, he can file an I-130 petition for you, but the wait time is like 14 years (you can Google “DOS visa bulletin”) to see this, and most likely you would need to leave the US (in 14 years) to get your GC. So in practical terms, it is not much help. Take care, Jason
Hi Jason! Thanks for your help.
I’m trying to reach uscis on the phone for my expired ead issue but can’t get a human to answer.
I’ve asked you before and you told me to say something and it’s actually worked than (‘Pass…’) . Can you remind me what it is?
I accidentally put my email instead a name. How can I remove it?
Infopass?
Try “infopass” – that may work. Good luck, Jason
loudly say ‘Rosario’ or ‘Infopass’ to reach a representative.
Hello there,
Hope you having a great day !
I need your advice please, One of my friend who is a Indian citizen right now but during his b1/b2 visa interview which was held in newzeland year 2016 was married to NZ citizen , technically he was NZ permanent resident during his b1/b2 visa interview in year 2016 . His visa b1/b2approved was on Indian passport but he never visited in that year and later they got divorced in 2019 . Then he moved back to India with out breaching any visa conditions in NZ . Last week he was traveling to the US on his b1/b2 by himself for the first ever time after 6 years of visa granted ,but unfortunately at Amsterdam airport his visa got revoked by the federal officer with out any prior notices under 22 CFR 41.122 .
So , can you please provide any information on this matter and what are his possibilities to appeal or reapply.
Warm regards,
Syd .
I do not know about this, sorry. He should probably talk to a lawyer who has experience with consular processing and visas to try to determine what happened. Take care, Jason
Hi Jason, as you advised, I logged in to uscis.gov that you gave. I tried to check status option for EAD RENEWAL, several times. But it shows data entry error. Though i type whole 13 Digit alpha numeric receipt number. Is it because I tried on cell phone? Does it works only on computer? Or is there any particular page where I have to go and check status.
Maybe try on a computer – I do not know. The system is sometimes not working properly. I suppose if it keeps not working, you can call and try to inquire that way (800-375-5283). Take care, Jason
Hi Jason,
I am waiting for asylum interview since 2015 but so far no news . Recently my employer offer me a sponsorship. Please advise can I proceed for that is it worth after waiting several years now withdraw my asylum case and switch to employer sponsorship.
Please advise as I don’t want another series of long term waiting with no clear picture ahead.
Thank you . May God bless you for all this work
Most people in your situation would not be eligible to get a GC based on employment, since you need to be in lawful status (and asylum pending does not count as lawful status for this purpose). I did blog posts about this on August 28, 2018 and September 6, 2018 – maybe take a look at those, but you would also want to talk to a lawyer about the specifics, and find out exactly how (and if) you can get a GC, and each step in the process, including whether you need to leave the US to get the GC (and I recommend you get all this in writing from the lawyer before starting the process). Take care, Jason
Hello Jason,
I read your article “Dealing with Delayed Decisions”, so great help for me. But I have a question: After trying all the other ways, what time do you think is the proper or minimum to file the mandamus after the asylum interview? Hope for your reply, thanks!
I would contact them a couple times over the course of a few months, but if there are no substantive responses, I think you can file a mandamus. Talk to a lawyer about the specifics of the situation to see whether it is a good idea. Take care, Jason
Hi Jason, is there any way to check status for pending renewal of an EAD?
You can enter the receipt number at http://www.uscis.gov where it gives you the option to check case status. You can also look at the processing time for form I-765 on the same website. If you sign up for an account, you should get alerts at each step of the process. Take care, Jason
Hi Jason,
I have a pending case since 2017, filed in TX and I am currently in CA.
If moving to another state or territory is an option, do you have any suggestions on a place with low backlog and fair acceptance rate?
Thank you.
I did posts on this point on October 24, 2018 and February 5, 2020 – maybe those would be of interest. It seems to me that if your goal is a fast interview, the New Orleans office is your best bet. They have fewer cases than most offices, we have had good luck expediting there, and their approval rate is higher than most offices. Take care, Jason
Thanks Jason,
Trac.syr website shows very low approval rate for New Orleans’ asylum cases.
Should I be concerned about that?
I am not sure if I can expedite since I lack grounds.
Thanks.
That is for the immigration court, not for the asylum office. The asylum office approval rate in NO is higher than most office. Take care, Jason
hi Jason – How are the approval rates for SF asylum office?
Where we can see these approval rates?
Thanks!
I did a post listing approval rates on February 5, 2020. I think that still contains the most recent data, as they have not released new data since 2019 (at least not that I have seen). Take care, Jason
Jason,
“US committee proposes speeding up green card processing times”
If approved by President Biden, will it speed up Green Card for all applicants including asylum based ones or is it just for countries like India etc?
I do not know what this proposal is. It is obviously a good idea to speed up processing times, but it seems USCIS does not have the resources to get that done. Hopefully, over time, this problem will get better, but simply proposing it won’t make it so. Take care, Jason
Hi. I have been referred by Attorney Marget Miller practicing in CA.
I got Interviewed in NY Asylum office.I have been maintaining my non immigrant legal status as an F2 and still got Court referral. Looking for attorney in East coast whom I could and share further precise details and we may be able to get “NOID” as applicable in our case.
I think we talked earlier today…
I posted that earlier.
If I wanted to hire you and live in a different state would that be possible for example for greencard filing and citizenship or family petitions
Immigration law is federal, meaning you can hire a lawyer in one state to do a case somewhere else. That is not a problem, though if attending an in-person interview is required as part of the process, it can be more expensive to hire a lawyer who needs to travel from far away. Take care, Jason
I got my asylum approved last year and will apply for green card this year. I am getting married to a US citizen next year. How the process works then ? Do I still need 4 years to apply for the citizenship or I have any other option ?
Depending on the timing, it may be better to apply for the GC based on the marriage. Marriage-based GCs tend to arrive faster than asylum-based GCs (though this is constantly changing). Also, if you get the marriage-based GC, you will be eligible to apply for US citizenship 3 years after you get the GC. For asylum, you would be eligible 4 years after you get the GC (USCIS back dates your asylum-based GC by one year, so it is 5 years after the date on the card). The only negative to the marriage-based GC is that you are relying on someone else, and if something goes wrong with the marriage, you may not get the GC. Take care, Jason