Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi Jason,
I am an asylee derivative from my wife. My country passport is valid. Is it OK to use it to travel overseas along with my green card ( not to my home country) or I have to apply for travel document?
I know I can use it but is it OK with the USCIS to use it.
Thanks a lot
It will probably be fine, but there is the possibility that the US government will ask you why the home government was willing to renew your passport. If you (or your wife) do not fear the home government (but fear non-state actors) this is probably not an issue, but if she fears the home government and indicated that you are also in danger, you should be prepared to explain why they renewed the passport and why you used the passport, if anyone asks. I wrote more about this issue on May 26, 2022. Take care, Jason
Hi Jason,
I was granted asylum in June 2018. I applied for I-485 in August it 2019. I have been waiting for more than 3 years. The recent update I got on this application was about 10 months ago stating that my case has been moved from Texas Service center to NBC. I’m located in your area and was wondering if this is common with your client? As you know, NBC has no timelines available for the public. I don’t know if 3 years is a common time line. Thank you.
Honestly, I do not pay a lot of attention to where USCIS moves my clients’ cases, as it seems to have no great relationship to processing times, but at least some of the cases do end up at the NBC. In your case, hopefully, you will get our GC soon, as most are processed within 2.5 years, and you have waited longer than that. If you want to contact USCIS online to inquire you can try that (there is a link under Resources called USCIS Help), but you may also want to give them a few more months. Take care, Jason
PP
September 30, 2022
Hello Jason ,
Our individual hearing was removed from the dock as I mention earlier.my wife is primary applicant ,my self dependent applicant and we were applied asylum in 2014. we both did finger prints on 2014. She received a letter for fingerprinting again few days ago address to lawyer office . not for me.is it normal process that primary will be checked again/any good sign for possible individual hearing soon ?
Sometimes, lawyers request a biometric appointment if they think it has not been done before, and so you might ask the lawyer. But I do not think it is a good or bad sign in terms of the court case. If they do not return the case to the docket, you can file a motion to request that – I wrote about trying to get an earlier court date on April 20, 2017 if you are interested. Take care, Jason
Hi Mr Jones
I’m green card holder based on asylum
When i passed all process of naturalization fill form , finger print, passed exam interview while it left only waiting period of ceremony, i travel back to my country,
Can this travel effect citizenship desision like cancelation?
As i have series matter and i can’t wait untill i passed ceremony and receive passport
My respect
Hi Mr Jason
I’m green card holder based on asylum
After i apply for citizenship and passed exam interview , while time I’m waiting ceremony date i travel back to my country , can this travel make trouble to me like cancelation of citizenship decision ?
As i have series urgent matter i can’t wait until i passed ceremony and apply for US passport , my respect
I do not think so, but they do ask about travel prior to the ceremony, and so if you think the travel would raise red flags, maybe you want to try to wait. Usually, the time between the interview and the oath is very short. Also, at the interview, if you pass, you can ask the officer that day about an expedited oath ceremony – bring evidence about the urgent matter. Maybe it would even be possible to schedule you on the same day, as that used to happen pretty regularly before Covid. Take care, Jason
Hi jason,
I have my final court hearing next year 2023
Just wanted to know if I apply U – visa does it affect my asylum case
Potentially – the case could be postponed or dismissed while the U visa is processing (or if it is approved, but I think it takes a while to complete a U visa case). I would get help from a lawyer for this issue, as some judges may not permit the case to be dismissed and a lawyer can help with deciding how to proceed. Take care, Jason
Hi Jason
My case was reopened in 2017. My individual hearing was rescheduled three times.
Two weeks before the date change to: no future hearing date, decision and motion pending
I call the court ( New York) and they said that my case is in a trial queue. What that means and what to do to have a sooner date?
I presume it means that they are waiting for an open date for your case. You can file a motion to request an earlier date – I wrote about that on April 20, 2017. Take care, Jason
Dear Jason,
My asylum application has been pending for 8 years, and my work permit has been expired for over a year. I find it challenging to apply for a job with the extension even after showing them the website of USCIS regarding the extension. I applied for a green card through my husband, who is a citizen three months ago. And, at this point, I think that it will take long time. I’m completely exhausted at this point. Is there anything I can do to expedite my asylum interview because it is taking so long?
Thank you for all you do for us.
If you applied for a GC based on your husband, you will probably get the GC in less than a year, which is “fast” by USCIS standards. I would not bother trying to expedite the asylum, but if you want to try, I did blog posts about that on March 23, 2022 and March 30, 2017 – maybe those would help. Take care, Jason
Hello Jason,
I filed for Asylum in September 2022, got my biometrics done in October 2022, and got interviewed in Nov 2022 in San Francisco office. I still haven’t received any decision yet from USCIS. Can I put in an inquiry about my case? Or is there anything else I can do?
I assume you do not mean 2022, but yes, you can inquire. I did a blog post about how to do that on March 30, 2022 and that might help. Take care, Jason
Yes sorry I meant 2021.
Hello, I’m considering applying for a green card for my mom who is dual citizen (Syrian and Greek) and resides in Syria. She currently has a 10 year B1/B2 visa that she used to enter the US 6 times in the past 4 years. Will having a pending immigration application affect her ability to come to the US as a visitor? Will there be any risk that she can have her visa cancelled?
It potentially could affect her ability to enter the US. Normally, if she applies for her GC while she is here, she also applies for an EAD and Advance Parole. It takes maybe 4 or 5 months to get these, and then she can use them to travel while waiting for the GC. Talk to a lawyer if this is a big worry, and the lawyer can help decide how best to proceed. Take care, Jason
Hi Jason, I applied for renewal of my EAD. It’s been 7 months, now if I want to add my ASAP number to that application, can I do that?
I do not think that the ASAP info will help. You have an automatic 540-day extension, and so you can continue to work for that entire time. If you need info about that, I did a post on May 11, 2022 with links to the USCIS website. Take care, Jason
Hello Jason,
Hope u doing good. I have a question regarding Ead. I need to apply for renwal of our EAD work permit. And I am late due to some emegency going on at my end. My current will be expire in December coming. Is there any way i can expdiete or any way to process fater. Please help me i am badly in tense.
Awaiting
Thanks
You can just file normally. As long as you file before the old card expires, you will get an automatic 540-day extension once you have the receipt, which should be enough time to avoid any gaps in work eligibility. I doubt that an expedite would work, but if you wanted to try, I wrote about that (in general) on January 29, 2020. Take care, Jason
Thanks for ur reply Jason🙏🏻
So base on auto extension 540 days can we renew our driver license from dmv and ids. Thats more important too. Thanks
The DMV should accept the 540-day extension, as should employers. If not, you can show them the USCIS web page and maybe that would work. Take care, Jason
Hello Jason,
Thank you for helping the community with your answers. It helped alot.
I m the primary applicant of asylum case, my husband is derivative. case was based on inter faith, it approved and we have GC. due to error in GC my husband is eligible to apply for citizenship at end of this year.
unfortunately we had argument on inter faith, my husband man handled me in anger, to control the situation i took police help. now case has been registered on him. he and his parents requesting to withdraw the complaint for his future.
1.If i proceed with case does it effect his naturalization?
2. if i withdraw the case, still will it cause the problem?
3. will it effect on my asylum status too and naturalization too ?
4. due to this case on both of us names, do we questioned at citizenship interview ??
Please help to understand.
Thank you
Tara
1 – It definitely could. He should talk to a lawyer to review the criminal issue and determine how/if it affects the citizenship case. 2 – If he withdraws the naturalization case? Even so, depending on what happened with the criminal case, it could be an issue for his GC, and so he should talk to a lawyer. 3 – I do not see how this would affect your case, unless he made a criminal complaint against you. 4 – I think they will ask him about it, since there is a criminal issue. I do not know that they would ask you, as it is not really relevant to your citizenship case. Take care, Jason
Hello Jason,
to successfully plead a mandamus claim, the plaintiff must demonstrate that: “(1) the plaintiff has a clear right to the relief requested; (2) the defendant has a clear duty to perform the act in question; and (3) there is no
other adequate remedy available to the plaintiff.
Can asylees with granted asylum applying for green card demonstrate a clear right to the relief requested? Are there any remedies available to asylees when they sue uscis for delaying their adjustment of status ?
The mandamus is not because the GC was denied – it is because USCIS is failing to make a decision. I do think a right is being violated – the right to a timely decision. The GC is available to asylees who have been in the US for 1+ years, and there are benefits that come with the GC. So delay on the part of USCIS could be the basis for a mandamus lawsuit, though you would probably want to talk to a lawyer about the strength of such a case and how best to present it. Take care, Jason
Hello Jason,
I am a little bit confused. There is no reliable information out there about the effectiveness of the writ of mandamus for asylum based I-485. I consulted with a number of attorneys. Some recommended filing the writ of mandamus saying that any processing time longer than 18 months is unreasonable especially for an asylee case which is clearly eligible to be granted. They assert that USCIS will be forced to adjudicate cases who has been waiting for more than 18 months. They back their argument with evidence that USCIS does not litigate such cases and usually reach settlement with the applicant and adjudicates their case.
Others attorneys recommended waiting till the case is outside the normal processing time which has increased to about 40 months for the Asylum based adjustment of status for cases at Nebraska and Texas service centers. The catch is, based on what I know, my case is not at Nebraska nor at Texas service center. My case is at the National Benefit Center and there is no published information about normal processing times for cases at the National Benefit Center.
Does these normal processing times hold any legal value in court? meaning if an applicant files a writ of mandamus because they waited more than 18 months, can USCIS argues that this is still within normal processing times?
Just FYI,
Me and my husband applied for GC in March of 2021.
My husband is a derivative and his GC arrived in 13 months and mine arrived in 18 months.
I hope this helps.
I do not think you will find an answer to this question – you can file a mandamus, present evidence, and see what the judge does. The judge may deny the writ because the case is still within the “normal” processing time (whatever that may be). Or the judge may conclude that 18+ months is unreasonable. Unless there is a precedent decision that you or the lawyers can find, you will not have a definite answer and you will just have to decide how to proceed and hope for the best. You can also ask the lawyer what type of evidence they think will convince the judge in your case, and see what they recommend and whether you think you can present such evidence. Take care, Jason
Good morning sir,
My query is i applied for asylum 2 months back.
Got a call from lawyer that he got my ASC appointment notice. And my fingerprint appointment date is 19th September.
However I had not received any letter yet on my address, lawyer said you have to carry original letter
I have query that as its only 2 days remaining if I do not get letter , Can I take print out of the letter which lawyer had sent on email. Because lawyer is far from me .
And Can we give fingerprints 1-2 days late or early?
Can I give fingers in any other application support center or I have to go to the same address mentioned?
If you have a clear print out of the letter, that should work. However, you might want to check your address on the forms or file a change of address form (AR-11, available at http://www.uscis.gov) to update your address, as you want to be sure to receive all mail. In terms of the appointment, you have to go on the date and time specified and the place specified. You cannot change that. If you cannot attend, there is a way to let them know (explained in the letter) and you can postpone until another day. Take care, Jason
Hi Jason,
We are asylees who recently been granted asylum status. We are planning on applying for green card I-485. Can we request fee waivers as we can’t afford $2450 for my wife and me? Thank you for your help!
Hi Jason,
We are asylees who recently been granted asylum status. We are planning on applying for green card I-485. Can we request fee waivers as we can’t afford $2450 for my wife and me? Thank you for your help!
You can – use form I-912, available at http://www.uscis.gov. The instructions explain who is eligible. Take care, Jason
As per your advised , I filled motion to set up a hearing date and IJ order “ Case will be placed in trial queue for next available trial date “.
My question is , this gonna longer or soon my individual hearing date will be schedule?IJ respond my motion within 10 days after filled my motion .
There is no way to know, as it depends on the judge’s schedule. The fact that the judge responded in 10 days (as opposed to never) is probably a positive sign. Take care, Jason
Hi Jason quick question , I am an Asylee and recently applied to green card as I know I can not travel to Dubai with refugee travel documents , once I get my green card , can I use that to travel to Dubai ?
Thanks in advance .
You cannot use the GC to travel; only to re-enter the US. I think you are probably correct that Dubai will not accept the RTD, and so you will need to use your passport (with a visa) and the GC to travel there ard return to the US. I wrote about using your passport after asylum is granted in a post dated May 25, 2022. Take care, Jason
Greeting Jason,
Thank you for usual support and I have a question regarding my derivative asylee family. I have applied for their SSN card before 6 weeks but still i did not receive. So, Is it possible to apply for their EAD with out getting this card or their SSN number?
Thank you in advance for your help
Normally, the person applies for the EAD and the SSN at the same time (there is an option for that on the form I-765). It is also possible to get the EAD card and then apply separately for the SSN. But unless they have some independent basis to get an SSN, I think they need to apply for the EAD first (or at the same time). Take care, Jason
Hi Jason I have many questions about my asylum in court case.this is two years I am waiting for my individual hearing and my attorney already submitted requests for interview.nothing yet from the court .
My wife is here now .she is the dependent on my case since I applied in 2016 .does she go to the court asylum interview with me when we got scheduled?or she need to applied for her own asylum with uscis and put me like dependent two ?i want to know how to proceed
If your case is in court and her case is not in court, then she can file her own case. She is not a dependent on your case unless she is also in court. If you are at the asylum office, she can join your case or file her own case (or, technically, both). You should talk to your attorney to see what is the best approach. Take care, Jason
Hi Jason ,
After my MCH , IJ did not scheduled my individual hearing at all . How May I my get schedule for individual hearing . Does motion set up a hearing date work ? Or what’s your advice . Your advice will be very helpful . Last time you adviced me to do mandamus law suit because of my decision was pending with asylum office . I succeed and thank you . You are right because ombudsman did not work to move my case and the office of ombudsman does not play any role to move cases .thank you once again .
The Immigration Courts are a complete disaster these days. We are seeing cases randomly advanced and cancelled with no notice and no consideration for the applicant or for due process of law. So it is possible the case will be scheduled without any action by you. But if you want to try to get a date, the normal way is to file a motion. I wrote about that on April 20, 2017 and maybe that post will give you some ideas. Take care, Jason
Thank you for your prompt replied . I filled a motion to set up a hearing date showing causes
My cause is unreasonable delay as I applied asylum in 2013 and family in back home badly sick and their life is risk over there ( with evidences ) . My question is “ IJ notmallly response the motion or ignore”. If the IJ ignore then is there any other option ? Thank you .
IJs usually get to such motions, but some judges are better than others. It does help if you contact DHS (the prosecutor) first to get their agreement (of course, they do not always respond). If there is no response, you can call the court and talk to the judge’s legal assistant. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Thank you for your prompt replied . I filled a motion to set up a hearing date . Does the motion work or IJ ignore ? If the motion ignored then what’s the option ?I filled asylum application in 2013 . Thank you
Hi Jason, I have a pending asylum case since March 2017. I was interviewed December 2018 in Minnesota. Asylum Officer indicated that in a few months (Summer of 2019), I will receive a decision about my case.
I moved to VA in July 2019, I sent a letter in August 2019 to USCIS inquiring about the decision and I got the standard response “case still pending” I submitted EAD renewal application in March 2022 before it expired in May 2022 and thankfully, received 180 automatic (now 540 days) extension which my employer accepted.
I submitted my driver’s license renewal + my pending asylum paperwork to DMV for verification. At the time, their website said it will take USCIS up to 14 days to verify, so I timed my appointment 3 weeks before my license expired. After submitting the paperwork, the standard email from DMV indicated that now it takes USCIS up to 35 business days to verify the documents. Now my license is expired and I cannot go anywhere:( I emailed IDS (the agency that gets USCIS responses) and they mentioned that it is now taking at least 45 business days to verify:( The other inconvenience is that DMV Virginia only grants 1-year drliver’s license to asylum seekers and not according to EAD.
It seems now I have to submit my paperwork for verification few months before the license expires (provided I get my approval). Is there a solution for this? I am sure there are others who are probably facing the same situation. Other than calling DMV 2-3 times weekly to inquire about my status? Apologies for the long message.
Sincerely,
AAH
I have not heard about this problem from my clients, but I do not really get involved in DMV cases (and am not admitted to practice law in VA). Other than talking to a supervisor about the situation, I don’t really know what can be done. They should issue the license, as the EAD + automatic extension are enough to show your legal status in the US. Good luck, Jason
Thank you so much!
Hello Jason.
I am from India and i have applied for asylum in the US. Now i want to marry an afghan girl who is also in the US. But she was evacuated by the US military from the Afghanistan during its fall, and now has filed for asylum here in US. So if i marry her, can she add my name to her case, as her case will be very strong and might get approved. Or is there any other way you suggest? Can i withdraw my case and add my name on her case? What should i do?
You can add yourself to her case as a dependent – contact the asylum office to ask about how to do this. You can find their email if you follow the link under Resources called Asylum Office Locator. If you can get added before her interview, and if she wins, you will get asylum also. If you do not add yourself to her case and if she wins, she can file papers for you to get your asylum, but this process normally takes 1 or 2 years, so it is better if you can get added to her case. Take care, Jason
hello JESON . I wanted to know when you receive a letter from immigration saying that you have been added to the expedite list and that you will have an interview as soon as possible how long does it take to wait . thank you.
After you make a request to expedite, there are a few possibilities: they will ignore you and you will need to request again after a month or so; they will deny your request; they will send or email a letter granting the request and then schedule an interview later (you may have to remind them); or they will just schedule an interview. I have seen all these results from my clients’ expedite requests. Typically, if there is no response in a month, it means your expedite request has disappeared and maybe you want to try again. Take care, Jason
Hi Jason, my brother came to USA on F1. Can he file asylum? Or which is the easy way to get a PR?
He can, as can anyone who is physically present in the US. Whether he has another path to get a Green Card, I do not know. He may want to talk to a lawyer to explore his options. Take care, Jason
Hi Jason,
You have been very helpful in the past. My asylum case was approved in Aug 2021, and i have applied for my green card last month. Now my Fiancé has also filed for green card on the basis on employment -H1B. Is there a way that i switch from asylum to some other status based on my Fiancés status in the united states? it can remove a lot of restrictions for travel.
I do not think it is a great idea to have more than one I-485 pending at the same time, and since you already filed based on asylum, it is probably best to just proceed that way. There is no benefit to get a GC based on employment (though maybe it would be faster – it is hard to say), and the asylum-based GC will probably get you to citizenship faster, since that GC should be back-dated one year. Also, there are no additional restrictions on the asylum-based GC. Regardless of how you get a GC, you still had an asylum case, and if you return to your country, it could raise red flags. I discussed that issue on January 6, 2016. Take care, Jason
Good evening Jason,
Thank you for your help always. I applied for initial TPS and EAD on July the 4th, I received a letter letting me know that they are reusing my biometrics which were already in the system. I still haven’t heard from them. Since the biometrics were already there I thought it was going to be faster. Do you think I can receive my EAD soon? Thank you
I am not sure how long an EAD would take for TPS, but if you received that notice, at least you know USCIS is processing the case. Take care, Jason
Ok thank you so much
Hi Jason,
My Asylum granted in the immigration court few years ago. After one year I applied for the Green Card. It’s been a year and a half since I applied, I updated the Fingerprint but since then, there is not update!! I need the GC for a Valid reason. I Called the USCIS few time, contacted the congresswoman in my City… no hope they keep saying the application is in the process. Any suggestions how I can request to expedite the process or do you recommend waiting… I don’t want to bother the USCIS. Thanks
Many GC cases are taking 2 to 2.5 years, so this is common. I did a post about expediting with USCIS on January 29, 2020 – maybe that would give you some ideas. Take care, Jason
Thank you
Hi,
I have pending affirmative asylum case April 2022. We have not received any interview schedule yet from Houston Asylum office (biometric are done in mid-July 2022)
What do you think how long Houston is taking to schedule an interview. Apparently, we are in the top priority list of interview as per LIFO system.
Also, how much time USCIS is taking to process EAD I-765 application for first timer.
I do not know how long it will take to get an interview, but if you filed in April and did not get an interview yet, you are probably not a “new” case anymore. You are in the backlog, which means you will not be scheduled in accordance with LIFO – you will be scheduled as a backlog case, and I do not know how Houston is doing with its backlog (most offices are not doing too well). If you wanted to try to expedite, I wrote about that on March 23, 2022 and March 30, 2017. Maybe those posts would help. In terms of EADs, first time EADs are supposed to take 30 days, but we are seeing such cases take maybe 2 or 3 months. Take care, Jason
Hello,
I am filling out Form i 131 for travel document, i am approved asylum. My case just got approved. In the application it’s saying what is the class of admission? I don’t know what does that mean and how to find it ? Please help thanks
We typically write the visa or status you had when you last entered the US. Some people write “asylum” as their status, but if you do that, you should include some evidence of your last entry into the US (such as a copy of your passport, US visa, and I-94). Take care, Jason
Hi Sir ,
I have pending asylum in court of San Francisco,
My final was in june 2022 , But date moved to 2023,
Its been 5 years and my kids and wife facing the issues back in home country , My lawyer told me to wait till September and he said that he will help me to Advance to motion, But now my lawyer saying he dont have enough staff, He cant do advance to motion,
Need help, Can I change lawyer is it a good idea?
From my point of view as a lawyer, filing such motions is very burdensome and I do not like doing them. We already have very busy schedules and it is difficult to file a motion and set time aside for a case that is already scheduled. Also, in Immigration Court terms, 2023 is not very far away and so it is probably unlikely that the case will be advanced. Finally, even if the case is advanced and approved, you still have to go through the I-730 process, which probably takes 1 or 2 years. All that said, you certainly can file such a motion and from your perspective, there is a real need. If the lawyer cannot do it, you can change lawyers, though this can be more expensive since the new lawyer will have to get up to speed and probably re-do some of the case (each lawyer has their own style). Before you change lawyers, maybe emphasize to your lawyer that your family is suffering and see if he will reconsider. If the case is basically complete, filing such a motion is much less burdensome than if the case needs a lot of work, so if everything is done, maybe it will be easier for the lawyer. Take care, Jason
Hello Mr.Jason,
I have 2 questions Please:
1st
I filed for i485 based on granted asylum on June 2020 with my 3 dependents.
On march 2022 we received the GC for my dependents Only and my status still the same since March 2022.
Is this normal prosedues that dependents get GC before the main applicant?
2nd
Do Uscis has a good reason to issue RTD for one year only unlike all countries in the world?
1 – It is common for family members who filed at the same time to receive GCs at different times, so by itself, I do not think this is cause for concern. Also, given how slow many I-485 cases are moving, I think it is too early to be concerned and I suspect this is just normal for USCIS. 2 – As far as I know, there is no good reason, and the short time frame on the RTD is ridiculous. I have written about that here several times and I am hopeful that USCIS will make it valid for a longer period of time (though I have heard no specific news on that point from USCIS). Take care, Jason
Hi Jason,
I am a U.S. citizen. I have sponsored my parents for green card. After they moved to the States, they have applied for Obamacare insurance. May that cause any negative effects on me as a sponsor?
Thanks
I do not think so, but I do not know for sure whether that is covered by the I-864 affidavit of support. If you read the I-864 instructions, it should give you some idea. Otherwise, you can talk to a lawyer to review whether Obamacare is considered a benefit that the sponsor is responsible for. Take care, Jason
Dear Jason,
I have 1 question:
I got my Asylum November 2021 but the EAD and I-94 have a mistake because my middle name was written as Surname and my last name as First name. The EAD was not accepted at the Bureau of moto vehicles (BMV) for my Driver’s license renewal and I can’t look for a job because my full name on the EAD does not match with that on my Social security card. I wrote to the NEBRASKA USCIS CENTER that issued the EAD three times without an answer, I wrote to the Immigration ombudsman who inquired but no answer from the USCIS. Is there anything else I can do because I’m suffering: I can’t drive or look for a job.
Your insight would be very helpful
It depends on the source of the error. Was it a USCIS error? If so, maybe try this link https://egov.uscis.gov/e-request/displayTypoForm.do?entryPoint=init&sroPageType=typoError. If the error relates to your own documents, you may need to go officially change your name with the state court, so it is what you want it to me, and then re-file for a new EAD and SS card with the corrected name. You might want to talk to a lawyer about what is the best approach, as this can be confusing. Take care, Jason
Thanks a lot Jason for your comment on my typographic error case. Actually it is an error that lies to the USCIS side because I submitted to USCIS many other communication letters from USCIS whereby my full name was always written correctly. Even on the 4 previous EADs my full name was correct except the last one. The problem is that I even filled out that typographic error form online many times and got automated messages that this issue Will be handled very soon but in vain. I don’t know what to do next.
Thanks
I am not sure about the next step. If you filled the form, you can try to call and follow up, but it sounds like that is not working. Maybe you can look at the I-765 instructions and see about re-filing the form with an explanation? I might talk to a lawyer before that to see if the lawyer can look into other options, as it sounds like you did what you were supposed to do, but USCIS is not responding. Take care, Jason
Hello Sir,
My question is, is it possible to file for Asylum after spend 8years in the USA?
It is, but you need to explain why you filed after so long and you need to find some way to overcome the one-year filing bar. I wrote about that issue on January 18, 2018. Take care, Jason
Hi Jason.
Thank you for all your help. I have a question. So I had an accident with my truck couple months ago. And looks like to solve this case is going to take too long… my question is eventually if they file a lawsuit against to me will it be a serious problem to my pending asylum case at the court…
Thank you again…
Unless there is a criminal issue (or maybe a fraud issue), a civil lawsuit should have no effect on an asylum case. Take care, Jason
Hi Jason, I hope you are ok.
I have an asylum pending since September of 2017, I also get approved TPS status on June 2021, and my employer filed for me an EB3 petition with USCIS in Mach of 2022, this petition included form I-140, I-485, I-765, and I-131. The I-765 and I-131 thought this petition got approved in July 2022 and I’m planning to travel outside with the AP, do you think it is dangerous for me to travel outside the US having an Asylum pending? I will have any problems with the CBP officer when entering the US? I won’t come back to the country where I fear persecustion. I will go to a third country where my mom currently lives.
thank you so much.-
I think it is unlikely that you would have an issue – as long as the AP is valid, you should be able to return to the US. There could potentially be an issue using your passport (to travel, you need to use the passport and return with the AP). I wrote about that on May 25, 2022 and maybe that is worth a look. Take care, Jason
Hi Jason,
I am a pending asylum applicant since2013,Asylum office transferred case to immigration court we had our 1st master hearing Dec 2021, 2nd master hearing done July 2022,we were scheduled for our individual hearing on sep 22, unfortunately ,when I checked IN EOIR our case was off from the schedule as of last week. Was it happen more often like this ?
1.May I know what could happened?
2.How can we get our our case back on the docket?
3.what are the negatives things going to happens in this situation ?
Thank you
1 – This is pretty common – cases are often rescheduled without any explanation. 2 – Typically, your lawyer would file a motion to advance the case. I wrote about this on April 20, 2017. 3 – As cases get older, it sometimes becomes more difficult to win; other times, it becomes easier, depending on how your life and your home country change over time. Hopefully, you can just get back on the docket and move the case along. Take care, Jason
Hello Jason ,
Thank you for your response. Appreciated your help.i have 1 more question?I am a nurse. Is it possible to my employer or my self to contact local congressman to help put the case on the docket again?any impact on the case if I reached congressman?
I doubt a Congress person could help, but I guess you can reach out and try. I think the more effective approach is to contact the court directly, usually by filing a motion. Take care, Jason
Hello Jason ,
Our individual hearing was removed from the dock as I mention earlier.my wife is primary applicant ,my self dependent applicant and we were applied asylum in 2014. we both did finger prints on 2014. She received a letter for fingerprinting again few days ago address to lawyer office . not for me.is it normal process that primary will be checked again/any good sign for possible individual hearing soon ?
Sometimes, lawyers request a biometric appointment if they think it has not been done before, and so you might ask the lawyer. But I do not think it is a good or bad sign in terms of the court case. If they do not return the case to the docket, you can file a motion to request that – I wrote about trying to get an earlier court date on April 20, 2017 if you are interested. Take care, Jason
Hi Jason, thanks in advance for your response. I applied for i-485 based on asylum and it’s been more than 18 months ago and it’s still waiting on National Benefits center.
Do you know how long it takes to get approval for i-485 recently?
Thank you,
Brian
I do not know about the NBC, as they do not post processing times for some reason, but we have seen GC cases taking about 2 years or a bit longer. Processing times are very variable, and some cases are going a lot faster, but it seems to me that you are still within the “normal” processing time. If you want, you can try to inquire about the case through USCIS Help or the USCIS Ombudsman’s Office – there are links to both under Resources. You can also try calling: 800-375-5283. I suspect that none of this will help, given the overall delays for everyone, but there is no harm in inquiring (except for wasted time and frustration). Take care, Jason
Hello Jason.
My asylum status was granted on March 2022, but I still did not get my Green card. I am planning to divorce. She was also granted asylum as my defendant. What happens to her legal status in the US if we divorce? Does she need to apply for asylum again by herself, or can she also get her green card even if we get a divorce?
Thanks for your help.
It would be better for her to get the GC before the divorce, but the soonest you could apply would be March 2023, and so that is not so soon (plus the process can take 1 or 2 years). If you are divorced before she gets the GC, she will keep her asylum status, but to get a GC, she will need to apply for asylum “nunc pro tunc”. This is basically a formality to get asylum in her own right, as the principal applicant. However, it will cause significant delay (maybe years) for getting the GC. It would be wise to talk to a lawyer about how that would work. Take care, Jason
Thank you very much for the response. It was very helpful for me.
Hi Jason, thank you always for your help. I need advice on understanding a letter I got from the Asylum office after I inquired on my case. I have been waiting for a decision for 10 months. The response reads… ‘Your client’s application is pending in this office. You will be notified by mail of any decisions relating to this case.’….
Should it still be reading application pending even after the interview? This is confusing to me . I hope you can help me with what this means. Thank you.
It sounds like a standard response and so I think it simply means that the decision is not ready yet. I do not think it matters whether the inquiry is before or after the interview, the response is often the same. Take care, Jason
Hi, Thanks for your helpful website.I had three questions:
1.I have applied for asylum while I am on F1 status,I came to the USA on first of September of 2021,I applied for asylum last week and I sent the documents to Uscis but I have not received any receipt note yet.if I receive this note after September, it means that I have filed my application after one year deadline?
2.Am I eligible to extend my opt(2 year stem opt) when I am in asylum pending status?I have heard asylum pending means immigration intent and I am not eligible to extend my OPT (stem opt).
3.if I apply for asylum EAD card and work off-campus while I am attending classes full time ,it means I violate against my F1 status and I wont be on F1 status any longer?
1 – If you mailed the application before the one-year deadline and received the receipt after the deadline, the case is considered filed on the day of mailing, so save any proof you have about the mailing dare. Lately, receipts have been very slow. 2 – I have not heard about people being unable to extend OPT because of asylum pending. It is true that filing asylum indicates an immigration intent, but whether that would block you from extending OPT, I do not know. 3 – I think the law on this point is not clear. I would argue that it is not a violation of your status, since you have the EAD. But the very fact of applying for asylum (independent of the EAD) shows an immigration intent, which arguably does violate your F-1 status. I have not seen any policy memos on this point, but I think it is a potential violation of status. Take care, Jason
Hi Jason
Thank you for all the help you give us. I am an Asylee and waiting for my green card to be approved. I recently was sued for credit card debt and had a judgment against me in civil court. Will this in any way affect my green card decision?
A civil judgment should have no effect. If there is a criminal issue (or if you have to answer “yes” to a question about committing a crime that you were not arrested for), it would be a different story. Take care, Jason
Hi Mr Jones
I will send invitation to my best friend of my family in order to visiting me as I’m in asylum i can’t visit them and they are all busy with their family
My question is what’s process needed in order to make my invitation legal
Do i need to signe it or sending it to immigration
My respect
If they are applying for a B visa (visitor’s visa), there is no official process to invite them. Just send a letter with your ID and the reasons why you want the person to visit. Typically, the person would bring that letter to a visa interview as one piece of evidence for the application. Take care, Jason
Hi Jason,
I heard that recently some forms can be expedited by paying extra fees, can I-131 (refugee travel document) be expedited this way?
If no how can I expedite it plz?
I think you are referring to premium processing (form I-907) and that does not apply to RTDs. I wrote about expediting in general with USCIS on January 29, 2020 and as far as I know, that is the only process for expediting an RTD. Take care, Jason
Hi Jason,
It has been 8 years since I was interviewed for asylum in Arlington office and the case is still pending a decision. Meanwhile, my employment based I-485 got denied due to failure to maintain legal non-immigrant status and the notice says I have 30 days to appeal, however, my lawyer stated that due to Covid, the appeal can be done within 90 days. What do you think my options are now and are you aware of the 90 day Covid flexibility.
I appreciate your help.
Sincerely.
If you are out of status, there is no reason to appeal, since the decision of USCIS was correct. Before appealing, talk to a lawyer to evaluate whether there is any basis for the appeal. Maybe there is, but if there is not, there is no reason to appeal. In terms of the extra appeal time, I am not sure about that – I know some Covid protocols are still in effect, but you need to be careful about such deadlines because if you file late, the case will almost always be denied. Take care, Jason
Thank you, Jason. My lawyer thinks I have a decent chance at appeal as our legal argument was not considered at all.
@Jason what would be the reason to appeal in this case since the ‘out of status’ is b/c of a delay from uscis and has nothing to do with the applicant? how to explain that to uscis?
thanks,
I do not know and I think you need a lawyer to look at that. My guess is that there is no valid basis to appeal, but I certainly do not know for sure. You would need a lawyer to look at the specifics to determine whether there are any possibilities. Take care, Jason
Hi Jason,
The argument is that it is due to the inaction from USCIS that they have not rendered a decision on my asylum case and not due to my fault and therefore I should be able to adjust status. What’s your opinion on this?
Regards
I think that refers to INA 245(k). I know of the law, but have not used it (I do not do employment-based immigration cases). I have heard about people using it successfully, so it may be an option, but you need to have a lawyer evaluate the case and determine whether you are eligible. I would get the evaluation in writing, so you have a plan about how to proceed and so you are clear about where the risks are. Take care, Jason
Hello Jason,
I have TPS and pending asylum, would like to apply for adv. Patrole thru tps:
1) do I need to provide a reason for travel if I just need to go to obtain a fresh i94 dates
2) can AP parole fee be waived if I am applying thru tps even if my income doesnt qualify for a waiver?
Thanks
1 – I think you do not, but you have to check the TPS requirements for AP to be sure (form I-131, available at http://www.uscis.gov). 2 – As far as I remember, you cannot waive the fee. Check form I-912, the fee waiver form, to see what is covered. Take care, Jason
@Jason, so I am really worried of using Advance Parole thru TPS as I am being out of status due to my asylum case (pending interview), but don’t you think if advance parole now makes TPS who entered illegally admissible, wouldn’t make someone who entered legally (like myself) and out of status because of delay from uscis admissible too?
In another words, if the 3-10 yrs bar doesnt apply on illegally entered TPS why would it apply on someone who was inspected at entry and pending asylum.
I do not know about that. I have had clients who were out of status travel with AP based on TPS, and no one has had a problem. Whether the re-entry changes your status, I do not know (though if I recollect, the law on this point has changed a few times). You would have to have a lawyer look into that to see whether it could be used to your advantage. Take care, Jason
Wonderful! Good to know some people used TPS-AP and had no issue with entry at least.
Not much worried about changing status, if it comes then it’s a bonus.
Thanks for sharing your experience with this.
Hello Jason,
curious to know if you have seen the new AP based on TPS (I-521 T) if its different than the regular AP paper with photo, or if its a decent card with photo like an ID.
thanks,
I have not seen it yet, but maybe someone else here has received that and can comment. Take care, Jason
Hi Jason,
Thank you so much for helping us.
1. I applied for my EAD Renewal last year august, Its more than 12 months now I still haven’t not received my EAD, luckily USCIS extended 540 days otherwise I would’ve lost my job.
Any Idea, what is the timeline for EAD Renewal and how can I expedite it?
2. Initially my case was applied in SF office then I moved to it Chicago office, recently a year ago I moved to LA, I am worried because my case was transferred to LA office or not? I dont have any confirmation document other than AR-11, Is there a way to track my case?
I tried calling them many times.
Please help me.
Thanks
1 – Probably about 12 to 14 months, so hopefully you get the new EAD soon. 2 – If the AR-11 was filed, the case should be interviewed in LA. You can email LA directly to ask – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
@Roy
You can find applications Lawfully (in phone)
On this application you put all information:
Case number,name,surname etc.
And after you finish , the app Lawfully automatically show to you in which office you have your case and more details.
Hi!
I am under a pending asylum application (already have EAD and a SSN). My dad is the principal so I am a dependent. I recently got married to a undocumented person and I didn’t know I could lose my dependent status. Will USCIS know I got married? What will happen?
You lost the dependent status as soon as you married, and so you should take action as soon as possible. One choice is to file your own asylum. Alternatively, if your spouse has a better case, maybe the spouse can file and you can be a dependent on that case. You may want to talk to a lawyer to determine your options, but I would recommend you do that as soon as possible since you are subject to the one year asylum filing bar (I wrote about that on January 18, 2018). You meet an exception to the bar, since you were a dependent on your father’s case. However, now that the dependent status has ended, you need to file as soon as possible. In terms of whether USCIS will know, they will not know unless you or someone tells them, but you will have to reveal that at some point during the process and they will determine that you stopped being a dependent as soon as you got married. By then, it will likely be too late for you to file asylum and avoid the one year bar. Take care, Jason
Hi Jason,
I have an affirmative asylum case and am waiting to be scheduled for an interview since September 2017, my case is with the Bethpage office in New York, I am contemplating moving to New Jersey and have the case transferred in hopes that I would be scheduled earlier.
I’ve read that many of the cases that had been filed before the scheduling system changed to FIFO, when the applicants moved to other states their cases would be scheduled under the new first in first out scheduling system.
I’m in backlog for 5 years with absolutely no news, and am stuck between filing a mandamus case for the delay, or moving to another state and see if that does anything.
And I’ve reached out to three congressmen over the years, and the USCIS Ombudsman, and after their inquiries with USCIS the answer back was that the scheduling system has changed and that I will be scheduled automatically whenever the time comes.
My question is, in general, does this seem as a feasible idea that would be worth pursuing, have you seen this have an effect, or do you have any other suggestion that may be of help (literally any). I am not asking from the government to grant my case, I’m just trying to get scheduled for the interview.
Thank you!
The NYC office is the worst in the US in terms of overall grant rate, and so I think if you decide to move, you won’t be any worse off in terms of the case. That said, I have not seen people move and get an interview soon after, and my sense is that moving does not help. Or more precisely, that it may affect whether the interview is faster or slower, since each office is different, but you cannot predict whether a move will help or hurt. If you have not tried expediting the case directly with the asylum office, maybe you want to try that – I did post about this on March 23, 2022 and March 30, 2017. Take care, Jason
Hi Jason,
I applied for my EAD renewal since 5 months. No result. My question is, I have to fly within usa with my family. Can I fly? What documents they need. My EAD and DL were expired on 4/9/22.
If you have filed to renew your EAD, you should have received a receipt that extends the old EAD for 540 days (I wrote about this with links to USCIS on May 11, 2022). With that, you should be able to renew your driver’s license. If so, the license should be sufficient for flying domestically, though you also should bring proof of your pending asylum case, your old EAD, and the receipt for the new EAD. You also should check with the airline (or its website) to be sure about what documents are needed to board. Take care, Jason
Hello Jason..
Thank you for all what you do.My question is after how long am I supposed to petition for my family I.e my daughter and my husband after granted an asylum at the Immigration court.’
Thank you.
If you win asylum and you want to file I-730 petitions, you must file those petitions within 2 years of receiving asylum. If you wait longer than that, you may miss the opportunity to petition for them based on asylum (though if you get a GC, you can petition for them based on the GC using form I-130). Take care, Jason