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 Jason,
I have a friend who came from Honduras 20 years ago when he/she was 12-13 yrs old. What he/she can do to fix papers or get legal status here in US? Is there anything specifically for them like DACA or something?
Thanks in advance
It depends on many factors and so I cannot give you an idea here. She should talk to a lawyer to go over the specifics of the case and learn her option. Take care, Jason
Okay, thank you!
Hello Jason.
I am an asylum applicant and received a letter from the Selective Service System – SSS saying that I have registered with SSS and the letter is proof of it. But I haven’t registered anywhere. Is this something that is necessary? Do I need to do something about this?
Normally an asylum applicant would not register for Selective Service. Maybe you did it inadvertently when you got a driver’s license? I do not know. You may want to contact them to check what happened. The only concern would be if you filed any document stating that you were a US citizen. If that happened, you need to get that erased, as it will cause big problems for your immigration status going forward. But otherwise, I do not see why this would be an issue. Take care, Jason
As per the SSS official website
“ Immigrant Men Are Required to Register
With very few exceptions, all immigrant males between ages 18 and 25 are required by law to register with the Selective Service System (SSS) within 30 days of arriving in the United States. This includes naturalized citizens, parolees, undocumented immigrants, legal permanent residents, asylum seekers, refugees, and all males with visas more than 30 days expired.”
That means every male asylum seeker has to register. Does that mean it will affect me anyhow? Yes i think i have tick marked the SSS box in drivers license application, as it seemed to be necessary.
That is new to me. I thought asylum seekers do not register. Thank you for sharing that. I guess then you should register and it sounds like you did. I will say that my clients have not registered (as far as I know) and no one has ever had an issue, but this is good to know. Take care, Jason
Hi Jason, My asylum case is approved. I received the Refugee Travel Document, and I will meet my family in a third country.
My question is can I stay with my family in that third country for 3 months?
That should be fine as long as you return to the US before the RTD expires. Take care, Jason
Hello Jason. I am an asylum applicant. I saw some videos online where it explained that – in an Asylum declaration, the lawyer also writes a statement explaining why the applicant should get approved pertaining to his position under certain specific laws/rules/clauses. This would increase the chances of getting approved significantly. Please let me know if you do the same thing or not.
Some lawyers do this; others do not. I usually do not do this for asylum office cases. Instead, I present a detailed index of exhibits that summarizes the case and lists the most relevant evidence. Then during the closing, I explain any legal points that I think are relevant. For court cases, I do provide a more detailed brief. Take care, Jason
Hello Jason!
Thank you for your help for the asylum seekers.
I am asylum seeker from Russia. I entered the US via US-Mexico border. I had a 2-hour interview with an asylum officer while in detention in San Diego. The Officer found my fear testimony credible and I was released. My master hearing is scheduled on 21 October 2022 in San Diego even though they new San Diego was not my destination. I called the court in San Diego and they sent me EOIR-33/IC form to change my address. I chose to submit it online. It has 2 boxes “My former address” and “My Current address”.
Question 1: Under Former Address – Do I need to write the San Diego Court Address??
Under Current Address – Do I need to put the address where I live in VA or my state Immigration court address?? Two days ago I went to my scheduled ICE officer meeting and she said I filled the EOIR-33/IC form incorrectly??
Question 2: Can I apply for EAD before filing I-589?
1 – The form contains a place for your old address (maybe in detention near the border?) and your current address, plus other info (such as Alien number, phone number, etc). You need to submit a copy to the court and a copy to the DHS attorney (you can find links to these offices if you follow the links under Resources called Immigration Court and DHS Office of the Chief Counsel). Filing the EOIR-33 alone will not necessarily cause the case to move. I highly recommend you talk to a lawyer to get help with this – if you miss the first hearing, the judge will order you deported. In some, but not all, cases, you can appear by Webex (video), and so maybe that is an option, but you need to call the court and talk to the judge’s clerk before the hearing. Also, the sooner file the I-589, the better, as it will start the “asylum clock” moving and will hopefully eventually allow you to get an EAD. 2 – Normally, you cannot. Sometimes, people are admitted to the US with a type of parole – if you have an I-94 where the officer marked “c-11” maybe you can apply for an EAD based on that. Otherwise, you need to file the I-589, wait 150 days, and then apply for an EAD (though it does not always work this smoothly, and you would do well to talk to a lawyer for help). Take care, Jason
Hello Jason.
I just filed for my I-131 travel document for asylee. On the initial filing document, I also added a letter explaining the reason why I want the case to be expedited along with all the proof. They received it and sent me a letter that they received my application for I-131. 4 days after that notice they sent me another letter saying that they are going to use my old biometrics. But i never received anything about the expedite request. I don’t know if the expedite got approved or not. But it look like all this went fast. It’s been a total of 15days now from the day i sent the application. Is there a way for me to find out if the expedite request was approved? Wouldn’t they say anything about it? Or is it because i was not supposed to request the expedite while filing?
I think they routinely ignore such requests and so you may want to follow up by calling them (800-375-5283) and asking about the expedite request. Take care, Jason
Hi Jason,
I had a medical situation with a close relative. The situation was life threatening. I sent an email to request an appointment but got no response for a month till the day before my flight.
They scheduled me the day I was suppose to fly out and I couldn’t make it to apply for my advance parole. I left the USA but now I want to come back. I don’t have advance parole. Will I be accepted back? I have a pending asylum case and I didn’t go to the country I’m seeking asylum from.
Please help
Hi Jason,
I had a medical situation with a close relative. The situation was life threatening. I sent an email to request an appointment but got no response till the day before my flight.
They scheduled me the day I was suppose to fly out and I couldn’t make it to apply for my advance parole. I left the USA but now I want to come back. I don’t have advance parole. Will I be accepted back? I have a pending asylum case and I didn’t go to the country I’m seeking asylum from.
Please help
I am sorry for that. I do not know whether you can get back. You might try contacting the US embassy in the country where you are located. I do not know if they can assist, but if you can explain your situation, maybe they can provide some help. If you still have a valid US visa in your passport, you can use that to return, though you could be detained upon arrival due to the pending asylum case (which may make you inadmissible). You may want to talk to an attorney in the US to see if they can think of any ideas. I do not do much consular work and so I may not know all the possibilities, and another attorney could have some better ideas. Good luck, Jason
@malvin ali
Nothing in the world should make you ever leave the pending asylum case in the US and leave! America is a closed story !!!i wish you the best in different country but it’s impossible to come back to america especially you left without advance parole and abandoned your AP interview so don’t even waste your time trying as america is a closed story for you
Thanks for your input Adam. What if I’m able to show up at port of entry? I have all the documents to prove the emergency and the car broke down on my way to the interview for AP.
First of all no airline will let you boarding cause you have no valid visa or AP or travel document to enter the US so no airline will allow you to board!
If you ever come through the mexican borders which makes you first go mexico that would be dangerous and illegal so I don’t recommend you to do something illegal and even if you do it’s 50%-50% chance they will let you in i guess they wont do it though especially you were asylum applicant not granted asylee! Don’t get me wrong but what you did is so reckless and no normal person will do that so you have to pay for your mistake and learn from it!!
Wish you all the best
I also think it will be very unlikely that you can board a plane to the US. I would talk to the US embassy in your country and see if there is anything they can do for you. Take care, Jason
Hi Jason,
Thank you so much for all the support you provides to us.
I had my asylum interview at USCIS office in 2019, however my case referred to immigration court and scheduled for master hearing on 11/2020. When we went for an interview on that date. The judge cancelled our hearing because of covid 19 precautions and told us that they will send a notice for the next date. But till now, we did not receive any mail from them.
What should we do in this case? Please help!
You can check for a new date by calling 800-898-7180 and entering your Alien number into the system. If there is no date, you can call the court directly to ask. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Good evening Jason,
I have a question please. Do you think they cut the driver’s licences on people with EAD because of the new ID they are about to come up with? Do you think that ID will be really the best?
Thank you
I am not sure what new ID you are referring to, sorry, and so I do not know. But people with an EAD will still need a license and they should still be eligible to obtain a license. Take care, Jason
There are some videos on youtube where Lawyers are talking about a new ID they gonna give to immigrants. You can check.
Thank you
Hello, Jason
I was granted asylee in January 2022 . But I didn’t stay in US for more than 180 days at that time. Was I considered as the US tax residents when I was granted asylum even I didn’t qualify for the 180-days tax resident standard?
Thanks!
Sorry, I do not know about taxes. I think you have to talk to a tax professional about that. Take care, Jason
Hi Jason,
In September 2021 my affirmative asylum case referred to immigration court. However, i got married to US citizen from same culture and religious backgrounds even our families are from same country, in May 2022 while my asylum case is still in court, I don’t have any bar because of legal entry and filed asylum before 1 year deadline. So is it gonna be tough for me to get i-130 approved in uscis first and then i-485 in court. 2nd question is, are there chances that immigration judge can denial i-485 even if i have every evidence that proves my marriage bona fide. I am little worried because my whole future depends on this.
Regards,
Ahsan
You should definitely talk to a lawyer to guide you, but I did a blog post about this process on August 6, 2018 – that may help. In general, your spouse would file the I-130 and after that, you would try to dismiss the court case based on the pending or approved I-130. Different judges have different policies, and this does not work in all cases, and so you should talk to a lawyer about the specifics, but if the marriage is real, the chances of you getting deported are very small. Take care, Jason
Hi Jason,
I recently got granted asylum and already received new social security without restrictions. I applied for FAFSA student aid, but they said this, “The United States Citizenship and Immigration Services of the U.S. Department of Homeland Security (DHS) has not yet confirmed your status as a noncitizen (Item 14) in an immigration status associated with the requirements of eligibility for the financial assistance for which you have applied. DHS will continue to check its records and we will notify you once we receive more information from DHS.”
What would you recommend me to do in this case? It has been about two weeks since I received this message. Thank you for being so helpful!
I would present the school with evidence of your status and ask them to follow up. I do not know how you would contact the US government directly about this. Take care, Jason
Hi Jason,
Please how can I expedite the form I-730?
It is very difficult. I did a blog post about expediting on January 29, 2020 – maybe that would help. Also, under Resources, you can find the I-730 Family Reunification Manual. Maybe that has some ideas about expediting, but I am not sure. Take care, Jason
Hi Jason – Appreciated your help to the community!!
I am working on Forms I-765 for my dependent son (14 yrs) and for myself. So, i’ll be filling the forms for him too.
So, shall I put my name as preparer (on his Forms I-765 ) or just N/A (as myself anyway being the main applicant )?
It sounds like you prepared the form, so that probably makes sense. I would indicate on there that you are his parent, as normally, that section is for a lawyer. Take care, Jason
Hi Jason,
What do you recommend if you have a pending asylum case and your form I-485 gets denied and the notice asks you that you have 30 days to appeal or you may be put in removal proceedings by referral to immigration court?
Thanks
employment-based form I-485
Talk to a lawyer, as it depends on why the I-485 was denied and what your current situation is. If you are referred to a judge, your pending asylum case will end (since they lose jurisdiction) and you will need to file a new asylum application with the court. I would do that as soon as possible to avoid any issues with the one-year filing bar (I wrote about this bar on January 18, 2018. Take care, Jason
Thank you, Jason! What will happen to my current EAD if the case is referred to immigration court?
If a case is referred to court, you keep your EAD and can renew it as before. Take care, Jason
Thank you, Jason.
Do you think I should appeal the denial of I-485 or not because if I don’t appeal, then the notice says “USCIS may issue you a Notice to Appear and commence removal proceedings against you with the immigration court.”
You would have to have a lawyer look at the denial to see whether there is a basis to appeal. Normally, such appeals are a waste of time, but maybe there is a strategic reason to appeal in order to stay out of court. The appeal tends to be expensive (from USCIS and from a lawyer) and so I would have a lawyer look at the specifics to help you decide (though keep in mind that you have a limited time to file the appeal – usually it must be received within 30 days of the decision date, but the denial notice should tell you). Take care, Jason
Hey Jason,
How are you?
Recently, I received my citizenship and now I want to sponsor my siblings. My parents died 2 yrs ago naturally one after another. Half of my siblings are in different country and other half is in US in different legal status (F1/H4/Pending Asylum). I have queries like
– Requirements?
– Wait Time?
– Processing Fee?
– Attorney Fee?
Also, I want to check if you take such immigration cases & I can reach out to you?
If not, please refer someone you know.
Appreciate your response.
Have a wonderful weekend!
The process is very slow – 13+ years, or longer, depending on the country of citizenship. You can check that by Googling “DOS visa bulletin.” The first step is the I-130 petition and we can do such cases if you want, or you can do that on your own using form I-130, available at http://www.uscis.gov. You will need evidence of the relationship, such as their and your birth certificates to show that you are siblings. Take care, Jason
Hi Jason!
Which one is my last arrival I-94:
I landed in US on H1B and got I-94. Then after few years H1B was extended, and i got new I-94 (while staying within country. I never went out of country after entering first time). So, new I-94 should be my last arrival I-94.
Is that correct?
If you are asked about the last arrival, that is the last time you physically entered the US. You can also include info in the application about subsequent I-94 cards, and provide an explanation (as you did above). Take care, Jason
Hi JASON, For EAD form,,,I entered US legally. In Form I-765, what should i write in 30.F?
I would have to review the form, which I cannot do now. If you want to send the question, I can try to answer. Take care, Jason
Jason, here’s from the I-765 instructions…
—
Item Number 30.b. Lawful Entry. Select “Yes” if you entered the United States lawfully through a port of entry. You must provide evidence of your lawful entry such as a Form I-94 or passport with entry stamp.
Select “No” if you did not enter the United States lawfully through a port of entry. Complete Item Numbers 30.c. and 30.d. – 30.g
Here’s the link to I-765 for your kind review: https://www.uscis.gov/sites/default/files/document/forms/i-765.pdf
—
I did enter the USA lawfully. So, i selected Yes on 30.b.
Looks like Item Numbers 30.c. (Presenting yourself to the Department of Homeland Security.) and 30.d. – 30.g are continuation to ’30.b’ if had selected ‘NO’ in ’30.b’.
So, my question for Item Number ’30.f.’ Country of claimed persecution. Provide the name of the country from which you fear persecution or torture.
Shall i mention here my country name in ’30.f.’ or should write N/A ?
Thanks!
Based on what you are writing, it seems you do not have to answer that question, but if you have to answer a question about the country of claimed persecution, it would normally be the home country. Here, I am not really sure I understand your question and so you may want to talk to a lawyer to look at the specific situation if you are not sure. Take care, Jason
i am on waiting list for interview
Hi Jason
I hope everything will be fine with you and your family
I just read your blog about new AO’s appointment and training for those backlog cases which are pending on or before January 1st 2016, so what about those cases who are in backlog from February 2016 or March 2016 for example I am waiting from March 2016 so I will be still in line till those cases end . In my opinion there must be a better solution to this infact the solution you have to end LIFO and start the old system of FIFO otherwise people like me will be in line for next 3 or 4 years.
We will continue to lobby for more officers to address old cases, so if that happens, I suppose 2016 cases like yours will be next. If it does not happen, I think you will be waiting until the pre-2016 cases are finished. You can also try to expedite your case if you have a basis for that – I wrote about expediting on March 23, 2022 and March 30, 2017. Take care, Jason
Hi Jason
I hope you are doing well. Me, my wife and one daughter had a green card in 2019 based on Asylum. I am the primary and my wife and the daughter are derivative. We married in 2009 and moved here in 2011. Filed Asylum in 2012.
If she file for divorce that what will be the impact on her case.
Thank you for your opinion.
Take care
Once a derivative has a GC, there is no effect if the derivative relationship ends. In other words, even after the divorce, she keeps her GC (and so does your daughter) and there is no effect on the GC. Take care, Jason
Hello Jason.
I just became a US Citizen. I would like to petition for my sister that is 15 years old. She has a visas and came here to visit. Is it wise to keep her here with me and file an I-130 for her? Or Is it better to have her go out and apply for her? If she go back home, and I file an I-130, will that affect her visas? Please provide me a better alternative. I reached out to an attorney, He said the I-130 for sibling takes about 15years. Is that accurate? USCIS says 5years.
Thank you for your help.
The attorney is correct – wait times for spouse visas are about 13 or 14 years (longer for people from some countries). You can Google “DOS visa bulletin” to see that. If there is a pending I-130 for her, it may affect her ability to get certain types of non-immigrant visas, such as a B or F. Also, she cannot remain in the US and wait for the GC unless she has some way to stay here legally the entire time. In terms of alternatives, I think you need to talk to a lawyer about the specifics of her situation to see what can be done, but if your parents are living, you could sponsor one of them for a GC, and once they have the GC, they can file for your sister (assuming she is their child). That process would likely be a lot faster. Also, maybe there are other ideas, such as staying here as a student or seeking asylum, but it depends on the situation. Take care, Jason
Thank you Jason.
What will happen if she change her B visas to an F and then I apply for I-130 for her, will she continue to hold the F-1 visas (assuming she is going to school full time) while the I-130 is pending? Same thing with asylum. Can she apply for asylum and have an I-130 pending simultaneously??
The I-130 has nothing to do with the beneficiary’s status – you can have any status or no status and the I-130 can be filed for you and processed. If the I-130 is approved, you have to get the GC either at an embassy or in the US, and if you do not have valid status in the US, you probably need to go to an embassy overseas (assuming you are eligible to do that). I suggest she talk to a lawyer to look at the specific situation and determine whether she is eligible for a GC and whether she can get the GC in the US or has to process the case overseas. Take care, Jason
Hello Mr. Dzubow!
Hope you’re in good health.
I am pending asylum applicant from 4+yrs and planning to move from NC to IL soon. I have trustworthy person living in NC in same address as me. I might need to update address on my DL in IL for housing purposes.
Q1) Is it necessary to apply for change of my mailing address to USCIS after moving?
Q2) Will it cause furthermore delay in getting interview & how it’s decision gonna impact (negatively/positively)?
Q3) Which asylum office is better/favorable to get approved, NC (Arlington, VA) or IL?
Please be advise…
Appreciate your response & have a great time!!
I follow your blogs regularly. Thank you very much! for your services and help. It feels great to have you watch our backs & keeping us posted 🙂
1 – If this is a permanent move, you need to update your address with USCIS. If you do not, and if you get scheduled for an interview based on the NC address, the interview will likely be canceled and sent to Chicago, which will cause further delay. Also, technically, failing to update an address can be a deportable offense, though I have never seen that happen. 2 – There is no way to know whether moving the case will have any effect on the wait time. Maybe it will make it faster; maybe slower, or maybe no effect. 3 – I did a blog post with asylum office data on July 13, 2022 – that may give you an idea. Take care, Jason
Understood, thank you! Sir
Hi Jason,
How can I check status of my EAD renewal online? It’s almost 5 months over of my application. I got only notice of action. What should I do? Is there any number where I can call?
This is happening to everyone, and USCIS has extended old EADs by 540 days (assuming you filed to renew before the old EAD expired). I wrote about this on May 11, 2022 with some links to USCIS. You can check processing times and your case status at http://www.uscis.gov, but it will probably just tell you that the application is pending. Take care, Jason
I arrived on USA on 2013 October 1 with visa b1/b2 visa catagory and admit until date is 2014 march 31.
I filed asylum on 2014 august 18.
After flying asylum i received receipt letter on 2014 august 23.
I got my First Employment authorization card on 05/01/15. I have been continuously renewing EAD since that date. I have not got any interview date from asylum office. On 2015 I applied TPS. Right now I have TPS and pending asylum status.
Through TPS I have travelled outside the USA and returned back using advance parole. Again am traveling outside the USA using advance parole.
I heard from my friend that I can applied to EB3.
Am I eligible for the EB3 or not?
I would be very thankful to know the answer.
It is not my area of law, and so I am not sure. I would talk to a lawyer who does EB3 cases. I suspect that you are eligible. But even so, I would have the lawyer write down step by step how you will get from where you are now to having a GC in your hand, including whether you need to leave the US and how that will work. I did some blog posts about this issue on August 28, 2018 and September 6, 2018 if you are interested. Take care, Jason
Hi Jason,
Thank you for the response. As you mention to talk to a lawyar who does eb3, did you got any answer on that ?
thank you.
simsim
I think I meant you should talk to a lawyer who does such cases. I do not do them and cannot offer much advice about that. Take care, Jason
Hey Jason, the judge has approved my asylum case, but the DHS attorney reserved an appeal. The judge gave the DHS 30 days for the appeal or the decision of approval will be final. My question is can I now apply for i-730 or i-131?
You have to wait for the appeal to be final. In most cases, DHS does not appeal, even when they reserve appeal. You will know in 30-some days. If they do appeal, that means the case is not over and you will have to wait until the appeal is decided. Hopefully, that will not happen, and if they do not appeal, then you can file the I-730 and I-131 forms. Take care, Jason
Hi Mr Jason
I granted my asylum in 2017 i received my green card in 2018
I found this article can you clarify me when can I apply for citizenship I’m in hurry
((….Generally, a green card holder can apply for U.S. citizenship after 5 years of continuous permanent residence. Since asylees’ green cards are backdated one year, they can apply to naturalize four years after obtaining permanent residence)). Thanks
You have to look on your green card and there is a date when you became a lawful permanent resident. Assuming you meet all the other eligibility criteria, you can apply 5 years after the date printed on the card. And you can actually mail the N-400 form up to 90 days before the 5 year anniversary. Take care, Jason
Hi.
I have a question I hope you will be to answer. How long it took before your decision was made after your interview?
Would you mind to share your time line please.
Thnx
Hi Jason,
Not sure if this is the right place to ask questions…My driving license expired soon. I’ve applied two weeks ago but still no response from DHS….my EAD also expired though I’ve the extension letter. Now my company wants me to travel so some states. I am not sure if I can travel with expired id. I’m traveling by plane. reached out TSA but could not get some one to answer the call…So, I just want to get some experience on this…whether I can travel with in states with expired id. Note…I know that I can not drive with expired id.
Thanks for your support!
Regards,
I think you should check with the airline, but I think you cannot travel by plane without a valid ID. Maybe you have some other valid ID, like a passport? Take care, Jason
Hi Jason, the Form I-131 is used to apply for:
1- Re-entry permit
2- Refugee travel document
3- Advance parole
Please which one do I need to meet my family in a third country? (My asylum case was approved).
If asylum was approved, and you are applying based on asylum status, you should apply for the Refugee Travel Document. Take care, Jason
Hello Jason,
i applied for Asylum through an attorney since 3 months, and till now i didn’t – even my attorney- get a receipt from UCSIS.
the secretary of my attorney assure that this is normal and no need to worry about it.
i am so worried about that, is it normal that i don’t have a receipt for my asylum case after this long time.
Regards
Unfortunately, it is now normal. Receipts are taking 2, 3, 4 months or longer. We keep hoping USCIS will get their act together and they keep failing to do so. Take care, Jason
Hi Jason, regarding the form I-730, how long it takes to bring the family to the US, and does it depend on where do you live, because USCIS website says it takes 11.5 months if you submit I-730 to Nebraska office, and it takes 25.5 months if you submit I-730 to Texas office.
I would assume that Nebraska processes cases faster than Texas, as the Texas office is terrible. My experience with Texas is anywhere from 1 to 2 years, but recently we had one approved in maybe a year or so. After that is consular processing, which can be fast or slow depending on the country. Take care, Jason
Hello jason I hope you’re doing good,
I’m applying for i-485 based on asylum and in the security questions they ask have you ever got military training or stayed at military unit? I served one year in the Egyptian military as a mandatory service is that considered TRIG to receive military trainings from the national military forces ? It’s mandatory there so every guy has to serve in the army after graduating from the university!
Thanks
You need to tell them this, since failing to tell them would likely cause the case to be denied. But this has nothing to do with TRIG and should not affect the case. They may ask you questions about it at some point, and if you guarded prisoners or if you engaged in any type of human rights abuse, that would be an issue. But general military service should not be a problem. Take care, Jason
Hi Jason,
I have pending asylum and approved TPS. now in the process of applying for EB visa, lawyer didn’t recommend filing i140 concurrently with i485 saying if both denied this might negatively impact my non-immigrant visa (pending asylum and TPS), my understanding both pending asylum and tps shouldn’t be impacted by any other benefit I apply for, wanted a second opinion here please.
thanks,
While I do not think getting the I-485 would normally impact your asylum or TPS (unless there is fraud or an inconsistency between forms), it would be a huge waste of money if the I-140 is denied (in which case the I-485 will also be denied). Depending how the case will proceed, it is sometimes better to file both forms together and other times, it is better to get a result in the I-140 before filing the I-485. Given how little I know about your case, I do not think a second opinion here is too helpful – maybe talk to another lawyer to see if that lawyer thinks filing the forms together is a better approach. Take care, Jason
Hello jason
I’m applying now for my i-485 based on asylum and there’s a question relating to public charge! The question says did you or will you receive any aid from the government or state etc etc other than emergency medical treatment?? Should my answer be no or yes? I receive medication pills every month from the medical insurance from the state of Tennessee but is that considered emergency medical treatment for my chorionic illness? Or that’s not considered emergency medical treatment? Thanks in advance
If you are required to answer that question, I would just indicate yes and provide an explanation about what you received. The public charge rule has no effect on GC applications for asylees, and so the question is not relevant. Also, the public charge rule was ended for everyone else too, so maybe you have an old version of the form – I can’t remember if that question is still there. You can get the most recent version of the I-485 at http://www.uscis.gov and do make sure you have the most recent version or USCIS may reject it. Take care, Jason
Yeah it’s called public assistance on the form and it’s the new version !! Do you think receiving monthly pills from the state is not considered an emergency medical treatment?
I do not know if getting medicine counts as public assistance. However, I would mention it and explain. There is no problem getting public assistance. The only risk is if USCIS thinks you are not telling the truth on the form. So I would reveal it and then USCIS can decide, but getting public benefits as an asylee has no negative effect on a GC case. Take care, Jason
Hello Jason,
It has been 78days since I received the receipt notice for my initial I765 EAD application based on pending asylum, and since then no reply. I did not had an Asap membership card when I sent my application, but now that I have one, some people told me to resend my application with the membership card.
Is it a good idea?
It should not matter whether you are an ASAP member or not, and so I do not think it is a good idea to re-send an application. Maybe you can try expediting the EAD – I wrote about that on January 29, 2020. However, it is very difficult and mostly does not work. Also, I suspect that the EAD will arrive soon (it was supposed to take 30 days, but we have been seeing cases take maybe 2 or 3 months). Take care, Jason
Hello Mr Jason – Thanks for your helping us!
Can you pls tell me where I need to send my I-765 (EAD) application? Where I can find that address?
Also, if you can share some guidelines to file EAD please.
Regards!
You just have to check the instructions for the I-765 and the Direct Filing Addresses, available at http://www.uscis.gov. There are many types of EAD applications and the documents needed and filing addresses vary. If this is for a pending asylum case, you do need to check the instructions as there are many requirements depending on how you entered the US, whether you’ve been arrested, etc., and it can be confusing. If you are not sure, you might talk to a lawyer for help, but if you read things carefully, you can probably figure it out. Even if you make an error, USCIS will either return the case to you with instructions or send you a request for evidence, and you can make any needed corrections at that time. Take care, Jason
Jason, this is my initial EAD (c8). What i would need to send with I-765?
I cannot give specific advice about that, as it varies depending on the case. At a minimum, you need proof of your pending case, copy of an ID document like the passport, proof of entry (I-94 if you have one), and 2 passport style photos. If you have arrests, you may need info about those. However, other items may be needed as well, depending on the case, and you need to review the I-765 instructions or talk to a lawyer. Take care, Jason
Jason, I landed on visa. I was issued I-94 on arrival. Then after few months, w/ visa extension i got another I-94.
So, which I-94 should I use for I-765 (Question 21.a)
Thanks!
Hello Jason, it passed 61 days since USCIS received my i-765 application for initial work permit, and till now there is no response, even i applied under the Rosario case, in your experience how long it takes to receive it?
also, under Rosario case, were i required to pay any fees for initial EAD?
THANKS
Initial EADs are supposed to take 30 days and there is no fee (assuming this is based on asylum pending), but we see cases taking longer than that. I think 2 or 3 months is common, and as long as you have a receipt, you should get the EAD soon. Take care, Jason
Bro, Did you get your EAD? How many days it took?
Hello Jason. I just received my approval. There is an error in my name and my dependant name on our I-94. How can we correct those mistake?
If the error occurred at the asylum office, you can contact them directly (and do that as soon as you can) – email is usually best. You can find their contact info if you follow the link under Resources called Asylum Office Locator. If you got the asylum in court, it would depend where the error occurred, but you can start by making sure the court documents are correct. If not, you can contact the court – there is a link called Immigration Court. It is probably best to call. If the court got it right and USCIS made an error later on, then you need to contact USCIS – probably by phone: 800-375-5283, though it may be possible to make an online inquiry too. Take care, Jason
Hi Jason,
I hope u will be fine and healthy
My question is pending asylum lawful status? If not can we adjust our status keeping in view case like matter of orban?
Will highly appreciate your response
If you have a pending asylum case, you are allowed to be here, but it is not a lawful status, at least not in the same way as an F-1 visa or a Green Card counts as lawful status. For some purposes, it can work like a lawful status, but not for others and so if you are trying to change to a different status, you have to talk to a lawyer about the specifics of the case to see if it is possible. Take care, Jason
Hi Jason I applied for my EAD renewal with pending individual hearing court (they don’t scheduled me yet for the individual hearing this is two years now.)I received receipt number of my new EAD but not the EAD itself.it’s going to take long to get the EAD ?
Renewals are very slow, but you now get an automatic 540-day extension. I wrote about this on May 11, 2022. Take care, Jason
Thanx alot for ur reply
Sorry Jason, i am using the reply comment to ask you how could i ask a question in this blog, as i didn’t find any bottom to start a question in this blog?
Hi Jason, how are you doing? Thank you for everything you do. After I got my EAD denied (under Asylum pending), I applied on my own for initial TPS with EAD together. I already received the I-797 for both applications and they told me they are gonna use the Biometrics I already have in the system. Do you think it’s gonna take long to receive the EAD card? Also, can I go ahead and take the I-797 to DDS to see if they can give me the driver’s licence back?
Thank you
I do not know how long an EAD based on TPS will take, but you can check the processing time at http://www.uscis.gov. As far as using the receipt to get a license, as far as I know, that only works for EAD renewals, but each state has different rules, and so maybe it is possible. I think the only way to know is to ask them directly. Take care, Jason
Good morning,
Thank you I will check.
Stay blessed!
If a family is on asylum in the us but one of the parents is the child of a us citizen who lives in the us. Can the us citizen parent sponsor their child who is older than 21 and is married on asylum for green card? Even though it takes a long time maybe 10 years will the family be able to stay in the states for that long on asylum while the green card process would be going on through family sponsorship or can you not do both at the same time?
A US citizen parent can sponsor a married over-21 year old child, but as you note, it takes years. During those year, the person must remain in lawful status – otherwise, they would need to leave the US to get a GC (there are exceptions to this rule). For this purpose, asylum pending is not a lawful status and so I think the child and the child’s family would need to leave the US to get a GC (I wrote about this on August 28, 2018 and September 6, 2018). That said, there are exceptions to these rules and so the family should talk to a lawyer about their specific situation to see what they can do. Take care, Jason
When you say exceptions to do the rules- do you mean TPS or present in US by 2000 and applied by 2001 or AP mentioned in the 2 articles? Or are there any other exceptions and if so what are they?
The main exceptions are listed in the articles. Maybe there are others, but I listed the ones that I knew of. Sometimes, I guess it is possible there could be certain case specific situations that might help too, but I listed the ones I know. I do think it is worthwhile to talk with a lawyer and have the specifics of your case evaluated. That way, you will have a better idea about what options might work for you. Take care, Jason
Hello Jason.
I’m a beneficiary of an I-730 and I live here in the US already.
Yesterday was my interview and the Immigration officer approved my case there. the problem is he did not give me anything that proves that he approved it. I asked for it, he said it won’t do anything because it is just a Visas and my husband hasn’t gotten his green card yet which he should be able to apply in September because he got approved Asylum last year in September. He said I should be able to apply for Green card at the same time as him.
The question is: When can we start the application process for green card?
I also had a EAD through my own asylum but it will expire next month. I applied for EAD for my pending asylum (which was dismissed by a judge without prejudice). I’m just confused now as how can i prove to my employer that I’m qualify to work in the US if my other EAD doesn’t come back on time.
You should get something in the mail after the interview. You should also get a new EAD based on asylum granted. If not, you may have to apply for that (the first EAD based on asylum granted is free). If you do not get something in the mail, you can use your I-730 receive number to check your case status at http://www.uscis.gov and that should indicate that the case is granted. You can also call USCIS about this (800-375-5283), but I would first check the case status online and see what it say. Take care, Jason
Hello Jason.
What’s the fee for filing the initial EAD (Form I-765) under the C-8 category? My biometrics is already done.
It should now be $410 for everyone. Take care, Jason
Jason,
Does the new TPS/advance parole rule published 7/1 help with adjusting status thru employment knowing also I have pending asylum for 7 years?
Can I be admitted thru TPS advance parole with know issue if I traveled abroad and WITH 7 years pending asylum and being out of status but entered lawfully?
Thank you
If you have TPS and no criminal issues or deportation order, and if you travel with AP, you should be admitted back to the US (if you have criminal or deportation issues, talk to a lawyer before you travel to make sure it is safe). Whether that would allow you to adjust status based on an employment-based petition, I do not know, but it may – you would want to talk to a lawyer about that to map out how you would get from where you are now to having the GC. I wrote a bit about these issues on August 28, 2018 and September 6, 2018 – maybe those posts would be of interest. Take care, Jason
Jason please for god sake tell me what to do!!!
Today marks 11 months and 10 days since I applied for my RTD and still got nothing!! Tried to expedite 2 weeks ago and the request got denied and then contacted the congressman and obudsman and still nothing!!! What else can i do? I got tired of being tired cause of USCIS ! What else can i do? Sue them only for travel document after i ran out of options? 11 months and 8 days and nothing yet for 12-months validation document! I’m out of words for real.
There is no real solution to this on the individual level, aside from suing, which is a huge waste of money and time. In effect, I think there is nothing that will help, but maybe trying to expedite again or opening a case with the USCIS Ombudsman are actions you can take. Given how long you have already waited, I expect you will get the RTD very soon, and so I expect any efforts you make will not help, but you never know. Unfortunately, this is the situation with USCIS these days. Take care, Jason
Hi Jason,
I applied for green card a year and half ago based on granted asylum but still didn’t receive GC. Meanwhile I requested from my lawyer to apply for travel document and I received Advance Parole. I am planning on traveling to third country in the next two weeks, but I am worried that I was supposed to get Refugee Travel Document instead of Advance Parole, is that correct? Will I have issues because of this when returning to USA? Thank you so much for your time!!
I agree that a person who has asylum should get an RTD and not AP. However, I suppose if the AP document is valid and you can use your passport to travel, you would be allowed to re-enter the US using AP. I wrote about traveling with your passport after you have asylum in a blog post on May 25, 2022 – maybe that would be of interest. Take care, Jason
Hi Jason.
Is it true that as per the new instructions on Form I-765, asylum applicants (c-8) should wait 365 days before applying for employment authorization?
here is the exact statement copied:
Applicants requesting employment authorization under (c)(8) must:
1. Wait 365 calendar days from the date you properly file and USCIS or the Immigration Court accepts your asylum application before you file your application for employment authorization.
That is no longer the case – if you check the USCIS web page for the I-765 (as opposed to the PDF instructions), you should see that an asylum seeker can apply after 150 days, assuming you have not caused any delay in the case. Take care, Jason
Hi Mr Jason
I get my green card through asylum case ,my mom very very sick can i visit her for week only she is in my native country
and will the immigration be tolerant with me on the day of the interview for citizenshep?thank you
I did a blog post about this on January 6, 2016 – maybe that would help. I also wrote something about it on May 25, 2022. At a minimum, you should be prepared to explain why you went and how you stayed safe. This issue could come up when you return to the US and when you file for US citizenship. Take care, Jason
Hello Jason,
My friend got married last year in June but they are living in different states with the husband.So they are planning send the papers to the uscis so the lsdy can get a green card through marriage,there is something else,her sister’s husband who is born and raised here,said she can add her documents to say that she is sponsoring this girl,like a joint sponsor ship ,my question is ,can she do both,marriage and joint sponsorship?can she send both documents at the same time.
Thank you.
Hello Jason,
My friend got married last year in June but they are living in different states with the husband.So they are planning send the papers to the uscis so the lsdy can get a green card through marriage,there is something else,her sister’s husband who is born and raised here,said she can add her documents to say that she is sponsoring this girl,like a joint sponsor ship ,my question is ,can she do both,marriage and joint sponsorship?can she send both documents at the same time.
Thank you.
I do not know what “joint sponsorship” refers to, unless it is the I-864 affidavit of financial support. Maybe it is that. Take care, Jason
Hi Jason I have a question.I had done my written pleading but they don’t schedule my individual hearing .this is almost three years I am waiting for .docket date 02/27/2020.if my case is on docket it’s means they assigned a judge already?but he /she needs to schedule individual hearing .can my attorney ask for expedite interview?
This sometimes happens. You can try to get the case scheduled by filing papers with the court. I wrote about this on April 20, 2017 – it is something the lawyer should be able to assist with. Take care, Jason
Hi Jason, Hi every body
I have been reading the posts since 2017 but never take the chance to write one on my behalf. I remember I emailed Jason one time to ask a question. I was trying to keep it for me but I feel overwhelmed and I need some advice please. I used to travel back and forth for religious work since 2004; on 2014 I had some family problems and for my health condition I decided to step back from the religious work and stayed in the US, applied for Asylum. I paid my lawyer 5000 dollars for the job, and separately I gave her the fees for the Asylum and the EAD form. The I 797 came for both Asylum pending and EAD with zero fees, that means she asked for fee waiver and stayed with the money. I didn’t care because I received my EAD so I could start to work. After 2 years, on 2019 to renew the EAD she asked me 600 dollars, I gave it to her. After one month I received a letter from USCIS rejecting the case because the fees weren’t paid. I let her know and she paid the fees. I received my renewal EAD and everything is ok. Never heard from my Asylum case. On 2021, my EAD was supposed to be expired on July, on January I called her to ask her to send my renewal, she ask me 800 dollars. I received the stimulus check on February I gave her 800 dollars to renew my EAD. On May, when I didn’t here from USCIS I asked her if she had sent the form for the renewal, she said oh no, it’s too early. I told her let’s send because I know you can send it 6 months upfront, and now we are in corona virus time, they are working slower than before, we better send it. She said ok, but she never sent it. On August the 3rd I received the I-797 rejecting the case again because she didn’t pay the money. I let her know and she said she was gonna check. The next I 797 I received said I paid 85 dollars which is only for biometrics. So, I thought I was gonna received the EAD but unfortunately, I received an I-797 three times for the same case saying that my case was denied because on 2017 I was granted a fee waiver for my EAD now I am not illegible for another one. I gave her 800 dollars. Now I can’t renew my drivers licence, and every time I text her she won’t even reply. The last time she replied me she said I have to reapply and pay more money. Do you think it is fair? I told her I want to apply for TPS because I am illegible for it, she always said no. Please what are your thoughts on this situation? Thank you in advance
This sounds like a major problem. Based on what you say, your lawyer is a liar and probably a criminal (since she stole your money). I think you need to find a new lawyer as soon as possible. If you want to try to find a free lawyer, I did a post about that on September 22, 2016 with some links that may help. I also did a post on April 10, 2019 that might help about what to do in a situation like this, so maybe take a look at that. Good luck, Jason
Good morning Jason,
Thank you for your advice. I’m gonna take a look at these posts and see what can I do. Yesterday I did apply for the TPS and EAD on my own, I also submitted all the documents. I did everything online, my biometrics was already there so they gave me the receipt numbers already for both cases. Hopefully I get my work permit back soon. Thank you so much for all you do, may God bless you and your family.
Jason,
When I read Rosa’s post, I started wondering if the person is really a licensed attorney. Could be a criminal claiming to be an attorney and defrauding innocent people.
I doubt any attorney would risk so many years of very expensive and rigorous education for such paltry amount.
It is surprising how many attorneys do stuff like that – I guess because they can get away with it. For that reason, it is important to get the bar association involved – they often do nothing, but in some cases, they can actually help and put a stop to these predatory people. Take care, Jason
Hi Tina, I believe she is licensed but it seems some Attorneys they know how to ask for a fee waiver and when I pull out the I 797 from my very first work permit and the Asylum receipt they got zero fees; and I remember on 2019 when she sent my papers, USCIS rejected them saying that I didn’t send the fees, when I let her know that and then she sent the money; but now may be she forgot she already asked for a fee waiver already on 2017, she continues to ask every time I am renewing and try to stay with the money. I leave everything in God’s hands, He will take care of that. It’s already 6 years waiting on a date for my interview, she never tells me anything she just said she hasn’t received any communication so she doesn’t know what to tell me, I have to wait.
I think you need to take some action. A lawyer cannot submit a fee waiver without the client’s involvement (and I think the client needs to sign the fee waiver form as well), and so something here is very wrong. I do recommend you talk to another lawyer for a second opinion. Take care, Jason
Hello Jason,
Firstly, I will like to commend your good job by giving people some hopes in their asylum process. I have been following this thread for couple of months and it really helped me in so many ways. My asylum interview has been pending since 2018, I know some people are far more than mine.
I’m ready expedite my affirmative asylum interview as I already have a letter from my doctor explaining my current health issues which caused by my asylum case.
My question is what is the best way to request for my asylum interview expedition with TSC? Is Emailing them the best way or mail Or do I need to call them. Please anyone with useful information should reply me.
Thanks and God bless
You have to request to expedite with the local office; not the TSC (they no longer have your case). I did posts about how to expedite on March 30, 2017 and March 23, 2022. Hopefully those will help. Take care, Jason
hey, I wanted to share my expedite case steps and hope to help as its works with me, you need to send a doctor’s letter as long as a letter explaining everything and why you wanted to expedite your interview to the local office as Mr.Jason said.
In my case I send tow requests before I got approved for the expedition.
From my experience, a doctor’s letter is not enough, but you need a strong good reason and also someone very very good in put everything together if you understand me, rather than that one of my friends did that six times so far without any luck.
Thanks
Hi,
Thanks for the heads-up.
I just want to make sure I’m doing it right.
I have my letter drafted and letter from my doctor ready.
Did you send your request via e-mail or you mail?
Thanks
by mail only is what I recommended.
Thanks
Hi,
Thanks for the insight. My asylum has been pending since 2017 and I wanna expedite my case but not sure how to go about it. Do you mind if I give you my contact info so you so can reach me? I’ll greatly appreciate it.
Thank you,
I did blog posts about expediting on March 23, 2022 and March 30, 2017. I would likely not be able to assist with an expedite case any time soon, and so I do not think I would be the best person to assist. Take care, Jason
Hi Jason,
Thank you so much for your advice and I am going to look for some body who can help me in that situation.
Thank you so much again, God bless you!
hey,
I just approved for a first-time work permit and the card has been mailed to me my question what are the steps to get an SSN number depending on my work permit.
Thanks
I’m sorry I didn’t maintain that I’m asylum with pending case my work permit under c8 category.
If you requested that when you completed the I-765, you should get it automatically. If not, you need to contact the local Social Security office once you have the EAD and apply for the SSN. Take care, Jason
yes, I did that, so theirs no need to do anything they will send it to me although I’m an asylum applicant with a pending case.
Thanks
They should send it within a week or two after you get the EAD. If not, maybe you will need to contact the SS office, but most people seem to get the SSN shortly after the EAD arrives (assuming they requested it on the I-765 form). Take care, Jason
If I could ask, how long it took to get your initial EAD?
Hello jason,
Today I went to so my medical exams for my GC based on asylum but unfortunately it wont be done until next month due to suffering from a medical condition that requires more lab tests which takes longer than the healthy folks so my doctor told me my medical exams wont be ready until August 10! And i have to apply for my GC on July 15 so when i send the i-485 without the medical exams does that slow down my process!?? Or when my turn comes they will send me RFE? I heard it’s kinda slow down the process to not send everything together
2nd question: my doctor told me my exam will be valid from the day she signs it cause i told here it’s valid for only 30 days as USCIS declares but she told me it’s 30 days before submitting it if you didn’t file the i-485 yet but u will file the i-485 before getting your results so the results of the medical exam
Will be valid For 2 years! Is that correct?
Hi Asylee,
I am sorry to hear about your health, and feel better.
I hope you are aware that you cannot just go to any doctor/ your doctor for the USCIS medicals.
Google USCIS designated surgeons to find one close to you if your doctor is not one of them.
Hey tina ,
I did that and went to the closest one to me that I found on the USCIS website but unfortunately I didn’t know cause i have a medical condition i need to do more labs and tests to obligate with the CDC rules when it comes to adjustment of status but she said my medical condition won’t prevent me from getting the GC but they just ask for extra lab tests and stuff like that!
Thanks a lot for your kind words though *_*
All the best to you!
You may be eligible to send the I-485 on July 15, but you can send it any time thereafter, and so at this point, you should wait for the medical exam to be done and send it all together. If you do the exam now and try to submit it later, it will expire. Considering that the GC application commonly takes 2 years, an extra few weeks is not so much. The medical exam is only valid for 2 years if it is submitted with the I-485 and if it was completed shortly before the I-485 is submitted (I do not remember the time frame, but if you get the exam and submit it with the I-485 in a few days, you should be fine). Take care, Jason
Thanks jason but I’m kinda confused now cause the physican doctor told me if you apply for i-485 now and your exams are done in 2 months the exams will be valid for 2 years you can send it anytime once you get RFE! And I found that also on US business immigration website:
n some situations, it may be necessary to file the I-485 application without first obtaining the medical exam, such as when it is impossible to obtain a timely appointment with a civil surgeon like we saw during the COVID-19 pandemic, or when an applicant’s priority date will not remain available long enough to wait for an appointment in the event of retrogression or inability to use the Filing Dates Chart in the monthly Visa Bulletin. In the case where the I-485 application is filed and the medical exam is completed after filing, the exam remains valid for 2 years from the date of the civil surgeon’s signature. The medical exam can be submitted in response to a Request for Evidence, by bringing it to an interview appointment,
So I understand now my exams will be valid for 2 years once my doctor sign it if I applied for i-485 first without the medical exam so now my question you think I should apply on time and wait for RFE hopefully in less than 2 years as i see many immigration attorneys on YouTube and on the immigration forums online that 90% of the people applied for GC in 2022 they get it in 6-7 months only but whoever applied in 2021-2020-2019-2018 it takes like 2 years and half! So does applying for i-485 withdrawal medical exam from the start will slow my case or the USCIS will favor another applicant than me cause he has everything ready? Or it doesn’t usually go like that?
I do not agree with that. I think you either do the exam now and send it with the I-485 (so, you have to wait to send the I-485 until you have the exam) or you send the I-485 now without the exam, and then you do the exam later, when requested (which I think is too late, since you started the exam process). I may be wrong, as this policy has changed several times, but I think if you do the exam now and send it later, when you get an RFE, it will have expired. Take care, Jason
Hello Jason. I just applied for my green card based on approved asylum. it currently takes about 3.5 years to get it approved. My question is when can I apply for citizenship if i get my green card in 3 years, Do I still have to wait the 5 years after getting my green card or 5 years after being approved for asylum to apply for citizenship?
GCs seems to be going a bit faster (probably less than 2 years). When you get the GC, it should be back-dated 1 year. So if you got it today, it would list June 30, 2021 (not 2022), and you can apply 5 years after that date, assuming you are otherwise eligible. Also, you can mail the citizenship form up to 90 days before your 5 year anniversary. Unfortunately, aside from back-dating the GC by one year, you get no other credit for the time you are waiting. Take care, Jason
Hi Jason,
Hope you will be fine and healthy
One of my friends who is waiting for his affirmative asylum interview for last 4 years asked if he has a close relative in canada having nationality can help him out of getting permanent resident in canada. He told me that due to a third country agreement between usa and canada he can cross the border and his relative can recieve him on border and sponsor him to get PR in canada but not through asylum.
Is it true?
He should talk to a lawyer in Canada. In general, a person who comes first to the US cannot then go to Canada to seek asylum. However, if the person has certain relatives in Canada, he can go to Canada to seek asylum (it is an exception to the Safe Third Country agreement). I do not know the specific rules, and it is possible for people to be turned away if they try to enter Canada – when that happens, they are sometimes returned to the US and detained here. For this reason, it is important to talk to a lawyer in Canada before he tries to go there, to be sure he can seek asylum in Canada and not be rejected at the border. Take care, Jason