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 applied for asylum in 2018 but no interview yet. I got green card sponsorship from my employer and green card was approved 3weeks ago. I have since withdrawn my asylum case and was wondering if I can know travel out of the country
If you have the GC, you can use that to re-enter the country, but you also need to use your passport to travel. This could potentially create issues, especially if you go to your home country. The fact that you withdrew the asylum case does not erase that case from your record, and if the travel causes the US government to think your original asylum case was fake, that could cause problems for you. I wrote more about using the home country passport on May 25, 2022 and maybe that would be of interest. Take care, Jason
Hi Jason,
Happy Thanksgiving I have a question would like your help in the I 485 form In which I am not sure from the Answer that I should give the question is “Have you ever been denied visa to the united states” ? I came here via B1/B2 visa before applying to my Asylum but I can remember that from 7 years the first time I applied for the B1/B2 I got rejected as many others but I applied again at that time and get approved so not sure what I should answer in this case ? Some people told me since you already get approved so you should answer “ no” to the question not sure if they correct or not. Thanks 🙏
I would definitely answer “yes” if you had previously been denied a visa. You can then circle the question, write “see cover letter,” and provide an explanation. The worst thing you can do is say “no,” which could cause USCIS to think you are trying to hide something, and this could have a negative effect on your case. Take care, Jason
Hi Jason, from your experience when attending asylee adjustment of status interviews, do officers review the entire asylum file and all asylum documents: affidavits, photos, articles, and other evidence? Or they only review the I-485 filing and I-589. Just curious because asylum documents are usually long and lengthy and USCIS I-485 officers won’t be able to understand the whole asylum story while adjudicating a I-485 case. Furthermore, USCIS I-485 officers are not trained like asylum officers and would not know country conditions.
I have never been to an I-485 interview where the USCIS officer reviewed the asylum case in detail. I have had them ask a few questions, and it is important that the I-485 be consistent with the I-589 and any prior forms, or that you are ready to explain any inconsistency – I wrote about this on November 13, 2017. That said, it is a good idea to review the asylum case prior to the I-485 interview, just in case any issues come up. Take care, Jason
Hi Jason, have you written anything on the asylum-based I-485 interview? I have an interview coming up and I am not sure what is this about. Usually, USCIS does not interview asylees for adjustment of status. My case is straightforward. I have no criminal record and no arrests and no violations. But I am from the MENA region. Do people from the MENA region usually get interviewed even when they have asylum. If you written something about this, please refer me to that. Please provide any information that can help.
Hi! Jason,
I’ve green card with derivatives asylum by my wife. My father got sick severely. Can I go back to my home country? before citizenship.
I did a post where I discuss this issue on February 10, 2022, but basically, it is ok for a dependent to travel to the home country. However, if the main applicant indicated that the whole family was in danger, you should be prepared to explain your travel and how you stayed safe. Take care, Jason
I did a post about citizenship on December 2, 2020 and I discuss the GC process a bit there. Also, there is a post on November 13, 2017 where I discuss some issues in obtaining a GC. I suspect they will ask the questions on the I-485, but you should also review your asylum case so you are ready if they ask about that. I doubt you will have too many questions based on your country of origin, though I suppose if they suspect any issues, they will ask about that. Take care, Jason
Hi Jason,
May you find love, peace, the gift of faith,renewed hope, and the true sprit of the holyday season during this Thanksgiving season.
I am asylum pending since 2015 and had one child during at the time of I-485 application. After two years, in 2017, I am blessed with the second child. My question is to you:
1. Do I still except to inform the second child to USCIS?
2. What kind of form should I use to fill out If I have to inform the USCIS or update my application?
Thank you in advance for your kind support!!
1 – Probably the children are US citizens and so they are not part of the case (since they do not need asylum). Nevertheless, you will need to update your I-589 form at the interview and tell USCIS about the children. You should also submit their birth certificates. 2 – You will just do that at the interview. You may want to complete page 2 or 3 of the I-589 with the new info and give it to USCIS, as this will make it easier. I wrote about updating the I-589 form on July 6, 2022 and that post has more info. Take care, Jason
Hi Jason, do you provide representation for adjustment of status interviews for aslyees who already filed and they have interview scheduled.
I do represent people in that situation, but I generally cannot take a case at the interview stage. Take care, Jason
Hi Jason,
God bless you!
A friend of mine still waiting for his asylum initial ack. He got a driving permit and now he wants to get the license by taking the road test. But he does not have the USCSIC Ack/A number after more than 3 months of applying for asylum. DMV said he can get the license on i-94 for a couple of next months as a foreigner. Do you know how he can get the license which at least works for a year if he does not have the A number/Ack? Or he has to wait till the ack/A number comes?
Thanks
Greetings Sir, should I withdraw my asylum application i submitted since 2017 since I have a pending adjustment of status through marriage with 3kids, And it’s pending interview too, What are the chances of my i-130 interview ( adjustment of status) being waived?
Asylum filed since 2017
Adjustment of status filed 7months ago
At some point, you will need to be interviewed about the marriage case, and while the I-130 interview could be waived, they will almost always discuss the truth of the marriage at the GC interview (though it sounds like you will have no problem with that). In terms of the asylum case, I would wait until you have the GC before you file to withdraw. I plan to do a blog post about withdrawing the asylum case in December, so maybe check back in a couple weeks if you are interested. Take care, Jason
I am not sure what you mean by Ack, but if he has no other status in the US, he probably needs to wait until he has the work permit (if, by Ack, you mean the receipt, those are delayed, but he should get it soon). Once he has that, he should be able to get a license. After you file for asylum, you must wait 150 days and then you can apply for a work permit using form I-765, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
I’m an asylum seeker (c08) still waiting for my interview for 7+ years and counting..
My biggest qualm has been my inability to travel, but also, I’m not technically unable to travel am I?
Would it at all jeopardize my case if I were to apply for the form I-131 advance parole? I know the biggest red flag is to not travel to my “home country” which I wouldn’t ever imagine doing, but asides from that, I would really like to visit family abroad whom I have not seen for many years. Thanks!
You can do that – I wrote about it on September 11, 2017 and maybe that would help. You may need to explain why you used the home-country passport, especially if you have a fear of your home government, so be prepared for that. Take care, Jason
Dear Jeson
I applied for Asylum in 2017 but still no 1st interview at all .Did they forget about my Asylum case or what happened ?
Is it reasonable to delay like that ? I renew EAD every 2years .What can I do ?
It is very common, and there are currently about 543,000 pending cases. Some people have been waiting for an interview since 2015. You can try to expedite your case – I wrote about that on March 30, 2017 and March 23, 2022. Maybe those posts would be of interest. Take care, Jason
Hi Jason,
Hope u r fine. I wanna ask the question. My friend has file the asylum and after 5 to 6 year last week finally they hav interview last week in california. But strange thing they are saying that we can offer you to live here in states but will take workpermit driving license and no green also. How can person live here like this and can they do this ??
Secondly they said this is only for you but not for your wife. After hearing this i got scared. Please share your advise so we can get a idea what to do next.
Thanms
This sounds like Withholding of Removal or Torture Convention relief, not asylum (I wrote about those on December 10, 2015 and April 25, 2018 if you are interested). These can only be given in immigration court. At the asylum office, they either give asylum (which includes dependents and leads to a GC) or they deny the case; they cannot give these other forms of relief. Take care, Jason
Hello Jason,
I am a pending asylum applicant for the last 9 years in Texas .my individual hearing was off the schedule few days before the hearing date as of August 2022 . I don’t have a valid reason to file a motion .wondering
1. Without any emergent reason can I apply for a motion ?
2. I am a nurse , my employer notified me that, they May able to do a sponsorship . Am I able go under this route /category and is it possible to to withdraw the asylum ?
1 – Yes. You can just file the motion. I wrote about that on April 20, 2017. 2 – That is going to be difficult and you definitely need to talk to a lawyer about specifics, as most people would have to leave the US to get the GC, and this is very difficult or impossible for people in court. I wrote more about this issue on August 28, 2018 and September 6, 2018, but you need to talk to a lawyer about the specifics of your case and have the lawyer map out exactly how you will get from where you are now to having a GC, including where the risks are and whether you need to leave the US (and where you will go). Take care, Jason
Hi Jason, one of my friend came on F1 visa, but due to attendance he is terminated. Can he file asylum now? Or it’s not possible
If he is in the US, he can file for asylum. He should keep in mind the one-year filing requirement – I wrote about that on January 18, 2018. Take care, Jason
I was granted the EAD/Advanced Parole from my pending adjustment of status through employment green card, I have applied for asylum in 2016 (still waiting for interview), if I withdraw the pending asylum because my situation has changed (I no longer have a risk) and I go back to my home country on the EAD/Advanced Parole of a pending adjustment of status for, would that pose a risk when coming back to the US on the EAD/Advanced Parole ?
I do not think you would have an issue re-entering the US, but just in case you are asked, you should be prepared to explain about your trip and why you went home, and how you stayed safe (country conditions improved). You may also have to explain this later to USCIS – if the return trip causes them to think your original asylum case was fraudulent, it could prevent you from obtaining your GC based on employment or any other way. Take care, Jason
Hello Jason thank you for your helpful advice and information, I have pending asylum case as principal applicant for more than a year and no call for interview. My wife is a derivative on my case and she also applied by her own as principal at the Georgia vetting center in July but she did not get any receipt from the vetting office. Is it normal not hear from them for four months? Is there any problem that we applied separately at different time? we are from same country and our asylum application is affirmatively.
Now I need to travel out side of the US for urgent case and I have applied for advance parole back in July and get receipt that my finger prints are taken, however not yet get the AP.
My country is now designated TPS but we don’t know when will be published in federal register
what will happen if I left the US without getting the AP?
If I have approved TPS should I apply for AP as new applicant or should I send my approved TPS to update the existing application?
Thank you for your time
It is common for receipts to be very delayed, and 4 months is definitely possible. Unfortunately, there is no way to know whether the case is lost or this is just a normal delay. Hopefully, you have proof of mailing and delivery from the post office. You can try emailing the local asylum office to see if they have any record of your wife’s case – you can find their email if you follow the link under Resources called Asylum Office Locator. Sometimes, they can help. As for travel, you can try to call USCIS at 800-375-5283 and ask them to expedite your AP case. I wrote more about expediting in general on January 29, 2020. If you leave without AP, you take a real risk of not being able to return (unless maybe you have some other type of visa), and if you plan to leave without AP (even if you have a visa), you should talk to a lawyer first, as it may be impossible to return. Take care, Jason
Greeting Jason,
Thank you for your continuous support and i have applied for SSA card to my local SSA office for my asylum derivative family after they arrival on July 25/22. The local office sent me letter denying to issue the card with the reason could not get verification from USCIS. I have called and visited SSA local office even they do not want to speak to me while my families are legal immigrants . As the same time I called and visited the local USCIS for info pass they refused to give me appointment date ; please what do you suggest appeal/ or any other solution? please advise.
Do your family members have work permits? They should have filled the form I-765 at some point and gotten the work permits, but if not, maybe they should do that (the first work permit based on asylum is free). With the card, it should be easier to get the SS number. If you have proof of their asylum status, that should be enough, but maybe the card will make it easier. Good luck, Jason
Good evening Jason, How are you doing?
My TPS application with EAD were submitted on July the 4th with all my evidences. Yesterday I received a courtesy nocice asking me for the same documents I already submitted as evidence with my application. I submitted them online again. Do you think it is the best way? Can you tell how long it might take to get a response from them? Since by December the 27th my 540 days will be over and my employer will have to stop me from work. I really worry about that since I am the only provider for everything. Thank you so much for being there for us. My prayers always.
I am not sure about the time frame for TPS EADs, but we have one from July where we are also still waiting. If you filed to renew an asylum-pending EAD, usually those are processed in about a year, so the 540-day extension should be enough. Otherwise, you can try to expedite either application – I wrote a post about that on January 29, 2020 and maybe it would help. Take care, Jason
Thank you so much.
Hi Jason,
Thank you so much for always answering our questions.
A friend of mine applied for asylum at the start of August this year but he is still waiting for his case acknowledgment. How can get it sooner or expedite it? He called the call center but he did not get any answer. If you can advise it will be helpful for him and make his life a little easy.
Kind regards,
Receipts have been delayed for many applicants who send by mail to the Texas Service Center – they can take 4, 5 months or longer. I once had success emailing to the local asylum office to see if an application was received at the TSC, so maybe your friend can try that. You can find the email address if you follow the link under Resources called Asylum Office Locator. It may take a few emails before they respond. Take care, Jason
Good afternoon sir
I have a question for you
I entered the country on the b1-b2 visa and over stayed for few years before a tps was created for my country of origin because of on going war there, so my question is ( I have tps already)
If I apply for advance parole and leave the USA to adjust my status based on work eligibility, would the unlawful presence trigger the bar on me ?would I be able to be back in and able to adjust my status? Or once you have the advance parole and tps that will wipe out the unlawful presence that I accumulated.?
Thanks
With AP, you can travel and return, even if you have unlawful presence. However, I do not now about your ability to adjust status based on employment, as I do not do such cases. Talk to a lawyer who does employment cases to see whether that is an option. Take care, Jason
Thanks a million for taking the time to respond
Hello Jason,
Hope u doing good.
I want to ask one question. Last month i have appliced for EAD renewal under c8 category and I got the acceptance notice this week. But it does not say anywhere about tht 540 automatic extension or 180 day. So will they sent me another notice ? Actually my current ead expiring next mont start and I need to renew my driving license from dmv so i need that 540 day automatic proof and also hav to submit to employer.
Please help me out
Appreciated.
Tha ks
The receipt should mention the extension – maybe double check. Also, I did a post on May 11, 2022 with links to USCIS that explain the automatic extension. Since you filed to renew before the old EAD expired, you do receive the 540-day extension. Take care, Jason
Thanks Alot.
But this category c8 asylum is eligible to for 540 days auto extension? And will DMV will accept this to renew driving license?
Please let me know. Thanks 🙏🏻
For c-8, as long as you file to renew the work permit before the old card expires, you get the 540-day extension. The DMV should accept it, but sometimes people have difficulty there – talk to a supervisor if they do not agree, as you should be eligible (at least in the state DMVs that I have heard about). Take care, Jason
Thanks Alot Jason
Hi Jason,
Thanks for creating this informato weblog and getting people the chance asking their questions. We have been waiting for asylum interview since Dec 2016 and finally we did our interview on August 10th in Arlington office. We check our status everday in Website and on Sep 14th, it turns to “applications is pending” from the previous mood which was “decision is pending”. I am wondering if ther is any specially difference between these two phrases?
We emailed the asylum office and now we do an inquiry with our congress man about the status of our case but nothing happens yet. Do you have any idea how long it can take a long to get the result? Do you think is there any time limit
I do not know if there is any difference between those two messages. There is no way to predict when the decision will be issued. If I remember correctly, in a liaison meeting, the Arlington office claimed that most decisions are issued with a month or two of the interview, but a significant percentage take longer. In my experience, most decisions take much longer and your wait so far is very normal for my clients. Aside from the online and Congressional inquiries, the office allows walk-ins on Thursday mornings, and so you could go and ask in person. My sense is that this is not much more useful than email, but if you have time, you can try. Good luck, Jason
@Maddy Hi, did you request for expedite for Interview Maddy
Hello Jason,
I have my affirmative asylum interview expedited, and I received a response from USCIS with the following message.
“Your Expedite request has been approved. It is undetermined when you will be scheduled for an interview at this time. You will receive a notice via mail when you are scheduled.”
Please, based on your experience, how long will it take USCIS to schedule me for an interview. Will it take a longer time to get me scheduled for an interview?
Your utmost response would be highly appreciated.
Thanks and happy holidays.
It is not predictable, but if you do not receive any notice in a month or two, you can email the asylum office to remind them. Especially given other priorities (the Southern border) and the holidays, even expedited interviews usually do not get scheduled very quickly. Take care, Jason
Dear Jason,
I hope you will be fine and healthy
I am asking this because I feel my lawyer is not taking intrest in expediting my asylum interview for which I am waiting since 2016. Me and my family is going through stressful times, I requested her ( my lawyer ) to submit my request to expedite my asylum interview but she always asked for solid reasons which I already told her that my family doesn’t feel safe and due to this they changed their house for 4 times in last seven years. She told me that it’s not a solid reason to expedite the case. Do you think if I do it by myself to request USCIS or asylum office based on the situation told me by my family , I will get the expedited interview and my lawyer will not leave my case on this reason because I will do it by myself and she is not taking any intrest to expedite it. If she will make an excuse that I did it without her permission? And can I do it with some solid evidences like written evidences from previous landlords of those houses where my family used to live and then left due to fear?
Your kind reply will be highly appreciated
I think you can use this as a basis to try to expedite. It may or may not work, but it is a reasonable basis to try (especially after 6 years). I do think it is problematic if you expedite without the lawyer’s involvement. Speaking as a lawyer, we are very busy, and it is not easy to expedite a case – we first have to complete the case, which is time consuming. So it may be an issue of time for your lawyer. Ultimately, if she cannot get the work done, you can look for another lawyer or do it yourself, but I think if you plan to expedite by yourself, you should tell her in advance and see whether she can continue as your lawyer or what she recommend. Take care, Jason
Thanx Jason you always helpfull. Thanx alot for your kind reply
Hi Jason!
I have an asylum case pending for 6 years without interview.
I got an offer to work in Hawaii for 2 months. Is it safe to go there and come back without issues? Is it like any other state? Do I need to take any other ID except driver license?
As long as you do not stop in any other country on the way there or back (which would be difficult to do), this should be fine. Just make sure someone can receive mail for you in the event that an interview is scheduled while you are away. I would bring evidence of the pending asylum case, so you have it if you need it, but you should be able to travel with a state ID, as long as it is a REAL ID. You can also bring your EAD and passport, if you have a passport. Take care, Jason
Jason,
My friend applied for EAD renewal 3 months ago. After he applied, he moved to a different address and missed the EAD extension letter. The letter was probably sent back to USCIS since he was not residing there.
His EAD card is about to expire soon. What are his options?
1. Can he reapply for EAD again?
2. Or should he request that letter which he missed from USCIS to his current address?
Thank you.
I would not do not re-file. He should first make sure he files an AR-11 (available at http://www.uscis.gov) to change his address for the I-765, the I-589, and any other pending applications. If he paid the renewal fee by check, he can get a copy of the check from his bank and his receipt number should be stamped on the check. He can then look on the USCIS website for his case status. Also, if he can get the receipt number, he can try to get a replacement receipt (here is a link that may help: https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init). If he cannot get the receipt number, maybe he can try calling USCIS at 800-375-5283. It is difficult to reach a person, but if he can, maybe they can help him to get the receipt re-sent (I would file the AR-11 online before calling, so at least USCIS has the correct address). Take care, Jason
Hello!
Thank you for your help. I have a question, friend of mine was here 2 times for 6 month each time, when he came 3rd time here, he was detained and after that deported for 5 years, the reason they found out that he worked here with his tourist visa. 5 years has expired and he wants to come to US through Mexico and seek asylum. The question is, if he can seek an asylum in the US?
Thank you
Based on what you wrote, I think he can, but I am not completely certain. Sometimes, when a person has been in the US before and been deported, and then tries to enter, he is only eligible for Withholding of Removal and Torture Convention relief. I think that happens only if the person made a prior claim of asylum, and so I think it does not apply to your friend. However, I am not certain, as I have not looked at this issue in a while. He may want to have a lawyer research the question, so he knows for sure, as Withholding and Torture Convention relief are not as good as asylum. Take care, Jason
Hello Jason ,
We are pending asylum applicant for last 9 years. Wondering , are we able to apply for the green card lottery visa ?
Thank you
You can apply for the lottery (it is free) and if you win, you can talk to a lawyer about whether you are eligible to get the GC, either inside the US or by leaving the US. I wrote about this issue on October 5, 2015. Take care, Jason
Hi Jason
DHS designates Ethiopia for Temporary Protected Status and am eligible for TPS under this deisgnation. However when i tried to fill in the form online, I couldn’t find Ethiopia in the list of TPS countries yet. It has been more than a week since the announcement and am wondering do I have to wait longer or is there any other way i could file the application .
Kindly advice.
Thank you
Nej
I am not sure – I remember when Afghanistan was designated, it took a few weeks to get added to the web page. Maybe wait another week or two to see if it appears. I do not know if you will have a problem if you file before Ethiopia appears on the TPS web page, as I have not tried that for any country, but I expect it will appear there soon. Take care, Jason
Hello Jason, it seems like every backlog is growing and getting worse. I heard that USCIS issued 24-months automatic extension to all expired green cards becuase of the renewal backlog. The processing time for a Refugee Travel Document is 13 months which is ironic because it is only valid for 12 months. The asylum-based green card applications take between 2 and 5 years. It is crazy and I understand that COVID played a role in this.
But is there any way USCIS can improve the process systematically? Why an asylee or a refugee needs to wait years to get a green card or a refugee travel document and go through a long process after they have been vetted during their asylum process? why does a green card holder need to go through a long process to renew their card? If an applicant has been vetted before and their background was checked, why do they have to wait again and again every time, and why USCIS has to re-do the work again? It is so inefficient, and it makes everyone suffer.
I agree that USCIS is a mess, but some things are improving. Wait time for GCs for asylees seems to be getting better. I do not know about renewing GCs, but applications for US citizenship are moving very quickly (by USCIS standards) – we are seeing clients become citizens 4 or 5 months after filing the application, and so I think anyone who is eligible should apply for citizenship, and that way, they can be done with all the madness (unless of course, they are petitioning for their family members!). Take care, Jason
Hi Jason,
I applied for renewal of my EAD back in March 2022,
I got notice of action within 28 days, mentioning that they received my application on 11th March. Now when I called, they said they have No information about my renewal. When I gave my receipt #. They said we have no data about it. I checked in my bank, if the fees deducted or what? No fees was charged. Now if no fees has been charged than how notice of action came to me? I have doubt something is wrong. Please help me out with it.
Strange. You can check your case status at http://www.uscis.gov, but normally, if you have the receipt, it means that the case is pending. Assuming you filed to renew before the old EAD expired, the receipt automatically extends your old EAD by 540-days (if you need info about this, I wrote about it on May 11, 2022 and included some links). If the case is not pending, and if they cannot advise you by phone, I guess you could file again to renew the EAD, but if you do that, I think you should include a copy of the receipt you received and an explanation. But hopefully, the current filing is actually pending and maybe you can confirm that online. Good luck, Jason
Hello Jason and thank you for keeping us updated. So my question is I work as a travel nurse I am under pending asylum case, I usually file taxes in the state I am working every time I have to travel because sometimes I will be in that state for 6 to 1 year and then go to another state. I still have my physical address where I filled for my asylum case. Do you think this will be a problem?
I do not think it will be a problem, but I do think you may need to explain it at the interview. I would have some evidence of your job and that it entails travel – a letter from the employer would probably be enough. Take care, Jason
Hello,
Thanks for your help. I have a question for you. I went to asylum interview 6 months ago and still waiting for the decision. During the interview when officer asked me to tell where did I work in the past I totally forgot to tell her that I received unemployment benefits during the pandemic. Will this affect my asylum decision?
Thanks
I do not see how that would affect your decision. If you are worried about it, you could email the asylum office and let them know. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I am in removal proceeding awaiting individual hearing in six months time. Now my home country has been designated TPS status.
Would there be any benefit in applying for TPS? I have already EAD which has been extended for eight months. Any benefit during individual hearing of the fact that the country I fled is now designated TPS?
Thank you.
It depends on the case, and so maybe talk to your lawyer, but if you have TPS, you could probably get the Immigration Court case dismissed. If this is something you want to do, it may be an option. Also, if you have TPS and Advance Parole based on TPS, it is potentially possible to travel and return to the US, but talk to a lawyer beforehand if you want to try that (I do not recommend it, but I have had clients do it). In terms of the asylum case itself, having TPS probably does not make a difference, though it does demonstrate that the US government recognizes the dire situation in your country. Take care, Jason
Hello Jason
We have been waiting for an interview for 6 years, nothing yet.
My question is that I was recently laid off due to company downturn, can I apply for unemployment benefits? My company did say I was eligible for unemployment. Will this affect our asylum case in any way? I have heard people saying that we should not be getting any benefits as asylum applicants.
Thank you.
Unemployment insurance would not affect the asylum case. In fact, receiving public benefits in general has no effect on an asylum case (and in any case, you earned the unemployment money since you paid into the system). Take care, Jason
Jason,
I am a derivative asylee, visited my home country and renewed my passport.
I have a GC and it has my First and Last names on it.
When I renewed my passport to a new version issued by my country and it includes my Father Name which I don’t have on my GC and the previous version of my passport also did not have my Father’s Name.
To clarify:
GC has: Last and First Names.
New passport has: Last, Father’s and First Names.
So my question is, do you think it will cause an issue while entering the US?
Thank you.
I doubt it, but if you still have the old passport or a copy of the old passport, I would bring that with you. I would also bring a copy of your birth certificate or other evidence about your father. With these documents, you can explain to US immigration about the change in your passport in the event that they ask you. Take care, Jason
Hi Jason,
How early can I apply for EAD renewal and is every renewal application eligible for the 540 days extension? My case is pending in court.
If this is based on asylum pending, the earliest you can file to renew is 180 days before the current EAD card expires. Also, such people do get the automatic 540-day extension. Take care, Jason
Hello json
thank you for what you do !
The EAD auto extension question ..? both my EAD and Notice of renewal which extended my expired EAD by 6 months have expired .
EAD expiration date April 14/2022
EAD notice expired in October 2022
so when does my auto extension expire ? I got asked expiration date of EAD at the work i applied?
can you please help 540 day extension stars on October or April 2022
thanks
I did a blog post with USCIS links explaining that all EADs are extended 540 days, even if the receipt only says 180 days. That is on May 11, 2022. Take care, Jason
Hi Jason, hope you are doing good. God bless you. You are a great person.
A friend of mine came to the US this July, filed an asylum application (i-765) Aug and now he is waiting for his asylum application acknowledgment from the USCIS.
He has been also thinking to go to Canada because he thinks the process will be faster, he will have some financial support from the government, and also he will have a few relatives there.
He has been also thinking to go back to his home country.
I advised him to talk to an immigration lawyer in Canada before he goes there. I also advise him to talk to an immigration lawyer here before leaving if he wants to go back to his home country or Canada.
Question: If he goes to Canada, will Canada accept his asylum application or Canada will ask him to go back to the US as you already filed asylum there? Or he can withdraw his application from the US and go to Canada then Canada will accept his asylum application?
Also if goes back to his home country how it will affect his future, will he be able to try for a visa or Asylum in another country like UK or Canada?
Your advice to talk to a Canadian lawyer before he tries to go there is very good. Between the US and Canada, there is a Safe Third Country Agreement, which basically says you have to seek asylum in the first country where you land (the US for your friend). There are some exceptions to this rule, and maybe a Canadian lawyer can help with that, but I have had client try to go to Canada, get kicked back to the US and then get detained in the US, so your friend should be careful about this. If he leaves the US, he should withdraw his asylum case, as that will make it easier to return here some day (email the asylum office to ask about withdrawing – you can find their email address if you follow the link under Resources called Asylum Office Locator). I expect that for most types of visas, it will be more difficult for him to return to the US. Exceptions include the H1b and L visas, which would probably not be affected. As for getting visas to other countries, I do not know about that, but asylum is confidential and so the US government should not share his information with other countries. Take care, Jason
Hi Jason,
After around 4 years, our I-730 gets approved last week. Now what should I expect next? Does derivative asylees also receive welcome letter like some other categories like family category visa? or the next step is only interview? And also I want to ask what’s the normal range of time to get interviewed after someone’s I-730 gets approved.
Thank you
If this is overseas, they should send you and/or the beneficiary an email to set up the interview. This can take a few months. Four years is not the normal time – it is very long. I think if you check the processing times at http://www.uscis.gov, it is 1 or 2 years. At the interview, they will need original documents, such as passport, and proof of the relationship with the principal applicant – such as birth certificate or marriage certificate. They will also instruct you about any other documents they need. Take care, Jason
Hello Jason,
I have pending asylum case and approved TPS. if I have intension to apply for AOS in general do I have to leave the country and come back thru the TPS advanced parole or I can adjust status while in the US. knowing the approved TPS changed validity of my I94 to one more year, please let me know. Thanks
I think this depends on the case (who is the petition and your prior entry), and the rules about TPS, Advance Parole, and re-entry have changed over time, and I am not 100% sure about that, so you should talk to a lawyer about the specifics of your case to determine whether you can adjust status and get a GC without leaving the US. Take care, Jason
Hi Jason,
I had been waiting for interview since 2015 and finally got interviewed on April 2022. But, I haven’t gotten the decision till now. I have sent an expedited decision request with a support letter from my doctor how the waiting is affecting my health and well-being.
The asylum office responded for my request stating that “Your expedited decision request has been received and forwarded to higher management. Please allow time for review”
From your experience what does this imply and how long does it take to get a higher management response?
I appreciate your help.
I do not think they pay much attention to expedite requests – the wait time is largely out of their control, since it is usually due to security background checks. We have been getting a few decisions more quickly, but most cases take 6 months or more. At least that is what we are seeing. Hopefully, they will get you a positive decision soon, but if there is nothing in a few weeks, you can inquire again – such inquiries do not hurt, and maybe they can help – you never know. Take care, Jason
Many thanks for your response and really appreciated, Jason.
Just a follow up to my previous question.
My spouse got interviewed on mid September 2022 on another Asylum Center than mine as we have been living physically separated for couple of years (which I initially included in her application but later changed to listed on the interview day as I took my interview on April on another state and she’s also listed on my application). She has got the approval in 2 weeks after her interview.
As stated above, the decision for mine is still pending. 1. If she wants to submit I-730 for me, do you think it will trigger the asylum office to review faster and provide a decision for my I-589 application? or they will process the I-730 as is with the current processing time (26.5 months for TSC)
2. Othewise, do you recommend me to wait to get my decision instead of proceeding the I-730 through my spouse?
Again, I really appreciate your help and support for all of us here who are traumatizing with the limbo of Asylum process.
1 – I do not see why the I-730 would affect your asylum case. However, if you are separated – meaning you are not a couple any more even though you are not legally divorced – it could create issues for you (and her) if you now claim to be together, as required for the I-730, so I would be careful about that. 2 – If you two are a couple, but you live in different places, it should be no problem for her to file the I-730, and I would recommend that (you can continue to pursue your own case until one of the cases is approved), but if you are not a couple, I would be very careful about having her file the I-730, even if you are legally not divorced. Take care, Jason
Many thanks, Jason!
Hi Jason,
I have now received a decision from Asylum office that my case is referred to the immigration court (NTA date on end of March, 2023).
As stated on my earlier post, I have an option to get filed an I-730 via my Spouse’s Asylum approval (Note that my spouse is only 4 months since she got approved for asylum).
1. What would be your advice how to reconcile the immigration court procedure and the I-730 application?
2. Does my referral to the immigration court have any impact on the I-730 application request?
Thanks and appreciate you help!
1 – Certainly, if the I-730 is an option, I would do that, as it is basically guaranteed to work (as long as you were legally married before your spouse won asylum and you do not have criminal issues). The problem is that waiting for an I-730 does not get you an EAD. So maybe you want to keep the court case going until the I-730 is moving along, or you can dismiss the court case based on prosecutorial discretion (I wrote about that on June 8, 2022) and then re-file for asylum at the asylum office in order to get an EAD while that case is pending, and while you are waiting for the I-730. Once the I-730 is approved, you can dismiss the asylum office case. One concern is that USCIS will not make a decision in the I-730 case if you still have a court case pending (since they may not have jurisdiction) – I am not certain about that, but maybe you can ask a lawyer if you want to keep the court case going (in the hope of keeping your current EAD or winning asylum with the judge). In short, there are different options, and you may want to talk to a lawyer about specifics to see what works best for you. 2 – USCIS may not be able to make a decision if the case is with the court. I am not sure about this, but since I-730 cases take a while (maybe about 2 years for most people), there is reason to keep the court case going so you can keep your EAD. My thought is that you are probably better off getting the court case dismissed if possible, but again, it depends on your situation and talking it through with a lawyer may help. Take care, Jason
Hi Jason,
I just received a decision from Asylum office that my case is referred to the immigration court and my NTA date is end of March 2023.
As discussed above my spouse is going to apply I-730 for me based on her Asylum grant which she received 4 months ago.
Two things to know
1. Does my referral to immigration court have any impact on her I-730 application for me?
2. What would you advise me regarding the I-730 application along with the immigration court procedure?
Many thanks!
Hello Jason,
I will be applying my i-485 application soon as an asylee. I have question, on 2020 while my i-589 application decision was pending I wasn’t eligible for the government medical aid or food stamps, but my son who was an US citizen received both medicaid and EBT, but it expired on 2021 after my husband found a new job. In the form i-485 there is a question under PUBLIC ASSISTANCE “ Have you received public assistance from the US from any source including US government or any state, county, city or municipality (other than emergency medical treatment) ?
Since only my minor son received the public assistance because only he was eligible at that time do I need to answer yes or no to that question?
It sounds like the answer should be “no”, but if you want to be extra safe, check no, circle the question, and write “see cover letter.” In the cover letter, you can explain that you did not get benefits but your son did. Getting benefits has no effect on your I-485, but if USCIS thinks you are trying to hide the fact that you got benefits, that could have a negative effect. Therefore, for me, the more cautious approach is to let them know about this, and this will avoid any (small) chance of a problem. Take care, Jason
Hi Jason,
Thanks for providing the information earlier. Can you please confirm if I get married to a person who is on F1 or J1, will that person get at least work permit before I apply for Green card and sponsor him.
I cannot confirm that, as I do not know the case. If the person is eligible for a GC based on your petition and their current status (and I do not know any of that for sure), then they can get an EAD while they are waiting for the GC (you file the EAD application with the other GC forms). If you want to be certain about this, talk to a lawyer to evaluate the specifics of your case. Take care, Jason
I was the main applicant in the asylum case and my husband and our 2 daughters under dependent category . Our asylum cases was approved.
This is my question: for applying for i-485 , Am I still applicant and my family are under dependent? I mean should send only one 485 form or should we send 4 forms and my family are not under dependent category anymore??
Thanks
Each person needs to send their own I-485 and each person is an applicant for that form. Note that there is some small discount in fees when a child applies at the same time as a parent (I think the child must be under 14, but check the I-485 instructions to be sure – they are available at http://www.uscis.gov). You might also qualify for a fee waiver, using form I-912. Take care, Jason
Hi,
My wife and I are waiting for asylum interview for past 7 months now. I am the main applicant in the asylum case and she is under dependent category. My wife got a sponsor who is willing to apply for GC through EB3 category for her.
My questions:
1. Can we apply while our asylum case is still pending?
2. If she applies will that disturb or effect our asylum case?
What we are thinking that she becomes a main applicant, and I can become dependent once her PERM and I140 get approved, for AOS i485.
1 – Yes. 2 – No. However, you should make sure that she and you are eligible to get the GC based on an I-140. I wrote something about this on August 28, 2018 and maybe that will help, but you should talk to a lawyer and have the lawyer map out for you exactly how you will get from where you are now, to having a GC (and preferably, do this in writing). The lawyer should also indicate whether you have to leave the US to get your GC, how that would work, and whether you are eligible. Take care, Jason
Thank you for your response
Does anyone have a success story on mandamus lawsuit?
We do not do mandamus cases in my firm, but sometimes clients hire other lawyers to do them and they often result in a faster interview and decision. So it may be worth a try, depending on your situation. Take care, Jason
Hello Jason
My individual hearing was on 8/11/2022, fortunately in the end it was oral granted. The judge said would give me the written decision in two month. It is two months already but I still have not received the written decision yet. I checked the case status through the phone number 800-898-7180 it is still pending. Do you think the result will be changed? Or do I need ask my attorney to request motion for the written decision?
Hello Jason
My individual hearing was on 8/11/2022, fortunately in the end it was oral granted. The judge said would give me the written decision in two month. It is two months already but I still have not received the written decision yet. I checked the case status through the phone number 800-898-7180 it is still pending. Do you think the result will be changed? Or do I need ask my attorney to request motion for the written decision?
As a first step, I would call the judge’s clerk to see if they can remind the judge. You can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi , I made mistake on asylum application with wrong dates instead jan I put Feb . And didn’t correct in USCIS asylum interview as well. Now I am going to court . Can I change it in court. And if yes does this going to hurt my case?
We do this and it is usually ok. You should explain why the mistake happened, or at least be prepared to explain if you are asked. Take care, Jason
Hello Jason,
I am on C8 but my mum got her citizenship last year , i am over 21 and married , how can she file for me , and not loose the EAD , plus other paperwork i have?
How long will it take to get all the documents since i am already in USA , THANKS
She can file an I-130 for you, but that process takes maybe 13 years (longer for some countries) and to get your GC, you would most likely need to leave the US, which may or may not work for you, depending on the case. All this should have no effect on a c-8 EAD. Take care, Jason
Hi Jason, hope you are doing well.
I am a green card holder (through asylum). After I became eligible, I filed form N400 for naturalization. With how things are going I am expecting my citizenship interview in the next 1 to 2 months.
I just found out that I lost my green card (I had it when I filed N400 because I made photo copies for it).
I am not sure to do, I came across conflicting opinions after doing an online search.
I know I need to file a police report. but I am not sure if I should file form I90 to replace my card considering that the processing time for it is 16 months and my naturalization interview will be before that. Do you think a police report will be enough to take with me to the interview or should I also file form I90 and take the renewal notice with me.
Do you think they might ask me to wait until I receive the replacement green card to to process my N400?
I doubt filing the I-90 will help you. I guess you can make a police report as additional evidence that the card is missing. I would bring a photo copy of the card with you, plus whatever other ID documents you have, including driver’s license, passport, old work permits, etc. My guess is that this will be enough, but I have never dealt with this situation for a client and so I am not certain. Take care, Jason
Hi Jason,
Thank you for providing this platform and your help with asylum seekers community. I have 2 questions, if you could answer them i will really appreciate it.
1. I recently received my asylum approval and currently applied for RTD. My mother was sick already and her health is not getting any better. Can I expedite my RTD and travel back to my home country?
2. If I can, do I need to bring all of her medical reports, as evidence? Or have to submit for expedite request as well?
1 – You can try to expedite – I wrote about that in general on January 29, 2020. Traveling to the home country can be risky, especially if you fear the home government and could cause the US to question whether your asylum case was legitimate. You should be prepared to explain why you returned and how you stayed safe. I wrote more about this on January 6, 2016. 2 – Medical reports, letter from her doctor, proof she is your mother (birth certificate). See also that post I wrote on January 29, 2020. Take care, Jason
Hi Jason,
If I get married to a person who is in Pakistan, can I bring him here while being on Asylee status?If not, then can he come himself on a visit visa or F1 and be added to my case and get work permit?
If you are already an asylee, you cannot bring him here until you have a GC. If you were married at the time you won asylum, you can file for him immediately. Otherwise, he can come to the US the same as anyone else, including on a student visa (though it may be better if he is not married to you when he applies for the student visa, as being married to an asylee may reduce the chances of the embassy issuing a visa). Take care, Jason
If he’s already here on F1, will he get atleast a work permit after marrying me before I get my GC?
Thank you
Until you get a GC, you cannot file for him and he cannot get an EAD (again, this assumes you were not married at the time asylum was granted). If you file for him to get a GC and if he is eligible, he can get a work permit while he is waiting for his own GC. Talk to a lawyer to make sure he is eligible. I also wrote something about this topic on August 28, 2018. Take care, Jason
If he’s already here and we get married. Will he atleast get a work permit before I get my GC?
Hello,
You have always helped me and thank you . I applied for asylum in Los Angles in 2016 and finally my attorney sued government in May,21,2022 (mandamus lawsuit) and i went to interview September,12,2022 and i am waiting for decision. Was wondering with that lawsuit, they mail decision in 120 days or that lawsuit is only for getting interview and i have to wait for decision for years?
Thank you
You have to ask the lawyer. In many cases, when they settle the lawsuit, they agree to a time frame for the interview and for the decision, so maybe they have already agreed to a time frame. Take care, Jason