Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hello Jason,
how are you doing,
I have questions, my husband had his interview in May 2022 after 5 years of waiting for an interview, and the asylum officer told me to apply separately i589 if I want to get an interview on my case.
can i apply my application after my husband get a decision if it denied at the immigration court ? or it is not possible after he got a decision? we think if i apply now it will delay the decision until my interview.
can his lawyer request to asylum officer to hold the decision until my application is sent? as he said that.
Thank you
If you are a dependent on his case (meaning, you were also interviewed and asked a few questions at the asylum office), then if his case is referred to court, you will be sent to court also. In court, you can file your own asylum case. If his case is not referred to court or if you are not a dependent, you can file your own case (though look at the Special Instructions on the I-589 web page, http://www.uscis.gov, as you might need to file at the Atlanta Vetting Center). I do not think filing your case would have any effect on his decision, and I also doubt that the asylum office would be willing to delay his decision so that you can file, but maybe they would – your attorney could ask about this (though whether he would get an answer from them, I do not know). Take care, Jason
Hi Jason,
I am a derivative asylee with a lawful permanent resident card. My question is, can I go back to my home country through my GC and home country passport for an emergency?
Also, does the same rule apply to a derivative asylee as a principal asylee for traveling?
Thanks,
I wrote about returning to the home country (for the principal) on January 6, 2016 and for the derivative on February 10, 2022. In short, you should be prepared to explain why you went home and how you stayed safe (and also perhaps why you used your passport if you do not have a Refugee Travel Document). Take care, Jason
Hey Jason, how are you doing today? I have two question for you, I came to USA on June 2017 and I filled my asylum application before my b1/b2 visa status get expired since then I never heard any thing from USCIS about my case. But, later on my wife came to US winning DV lottery and I filled marriage case on August 2022 after she become a citizen. So through your this process finally I got my I-130 approved and advance parole while my adjustment of status is pending for more that 8 month. So my first question is, can I travel with my cambo card while my adjustment of status is pending? Coz I am worried about my unlawful status in USA since I filled my asylum case in 2015. My second question is how long is gonna take for interview to be schedule for marriage case or asylum case status ? Or just waiting approval of green card and go? Thanks sir for your help! You doing good job!!! God bless you!!!
1 – You can travel and re-enter as long as the combo card is valid. You will need to use your passport, which could have a negative effect on your asylum case, if that ever gets adjudicated. I wrote something about that on May 25, 2022. Also, if the trip causes USCIS to think that your asylum case was fake, it could block you from getting a GC based on the marriage (I think this is very unlikely, but I guess it is possible). 2 – The interview time for the GC is not predictable, but maybe a year, give or take 6 months. For asylum, it is simply not predictable, but most likely, it will be a long time. Take care, Jason
Dear Jason
Am approval asylum waiting my GC interview, my passport was expired 4 years ago, can i issue new passport from my embassy here in Washington or its not good for my GC ! Or Citizenship!
If your asylum case indicated that your home government wanted to harm you, it may look strange that the same government gave you a passport. Many of my clients have done this and had no problems, but I think you should at least be prepared to explain why you applied for a passport and why your government was willing to give you a passport (of course, if you fear non-state actors like terrorists, then getting the passport is easier to explain). Take care, Jason
Dear jason
As i explained to you am an approval Asylum , i add them to my case, they came here after 3 years waiting them GC, them Passport was expired can i get for them new one from my Embassy? Or is going to be an issue !
Many of my clients get new passports with no problem, but if your asylum case indicated that the government wants to harm you and your whole family, it might be suspicious if that same government was willing to give your family passports. I doubt it will be a problem, but you and they should be prepared to explain if you are ever asked. Take care, Jason
Hello Jason,
Hope you doing good.
I need your help. i am on pending asylum last 5 years and I have applied for EAD renewal for me and my wife in oct2022. I am primary applicant. My wife EAD was processed immediately less than a month but my EaD still not processed and showing status as received application. It didnot move yet to next step etc and it been like 3 month. In this case should i email or contact them OR what should i do please help me out.
Thanks
There is nothing to be done – assuming you applied for the new EAD before the old EAD expired, you received an automatic 540-day extension of the old card (I wrote about this on May 11, 2022). As such, you are eligible to work for 1.5 years after the expiration date on your card, and USCIS will not assist in expediting. Also, most renewals take 1+ years, and so I think your wife’s case was unusually fast. Take care, Jason
Thanks for the reply. So just for chance if i send them email so will it effect negatively.
Also let me know which asylum office are fast in processing asylum cases. And its fine to move the case there.
Thanks
Sending an email would have no negative effect. I have not seen any data recently about which offices are faster than others, but in the past New Orleans was good about expediting, at least in my experience. Whether that is still true, I do not know. Take care, Jason
Dear Jason
My kids whom they been added to my asylum case we all waiting our GC , they came to US after i approved asylum , them passport was expired can i get for them new passport from our embassy so they can travel back home ? Is that safe to our GC and Citizenship !
For dependents, it is usually ok to go back home, but if your asylum case indicated that the whole family was in danger, it could raise questions if they return home and so they should be prepared to explain if asked. I wrote a bit more about this on February 10, 2022. Take care, Jason
Hi Jason,
I hope everything will be in good shape with you and your family,
I am workingfor a 7-Eleven franchisee for last two (02) years, owner is willing now to sponsor me for an EB3 green card to adjust my status. My question is can he do this? While my application for affirmative asylum is pending now for more then 06 years, and I applied in the 04 month of my arrival I mean I had legal status at that time in USA, when I applied for asylum.
Your reply will be highly appreciated
Maybe – I wrote about this on August 28, 2018 and September 6, 2018. I think you will need to talk to a lawyer who does EB cases and have the lawyer map our (in writing) how you will get from where you are today to having a GC, and whether you need to leave the US to do that. Take care, Jason
Thanx alot Jason god bless you
Hi Jason,
Hope you are good. I am planning to get private pilot lessons. Do you thing so , my asylum case shouldn’t be a problem to get flying license. I mean immigration status is a barrier or not?
FYI- my case is pending in immigration from 8 yrs.
Dear Jason
Thank you again and again for your help, my question am approval asylum waiting my interview for GC , how long it will take after interview to get the decision?? One more question Sir if i applied for travel document how long it will take till i get it ?
Wait times are very unpredictable – most asylees who apply for a GC wait 2+ years. However, sometimes, cases move more quickly. After the interview, the decision is usually pretty fast (weeks or a few months), but in some cases, it takes much long. For the Refugee Travel Document, most people wait about a year. If you have a reason, you can try to expedite. I wrote about expediting with USCIS on January 29, 2020. Take care, Jason
I am not sure about that – you would have to ask the licensing authority and the school. Take care, Jason
Hi Jason,
I am currently on F1 status and have pending asylum(no interview yet). My passport is about to expire and I need to renew my passport to keep my legal status and apply for OPT. I need to renew my passport but my asylum claim is about government and religious persecution. Will this trigger a problem during the interview? Can I just say that “the embassy doesn’t know about my domestic situation and doesn’t know the domestic police information. The embassy will issue passports to every one”?
Best,
Frank
I think you will need to explain why you renewed the passport and why the government permitted you to renew. This explanation seems reasonable, but I do not know your case or whether more is needed. Typically, renewing the passport does not cause major issues for the case, but if you are able to explain, that is best. Take care, Jason
Hi Jason,
Pending Asylum since 2015. My kids grow up and now in middle school. They kept asking me to travel to Europe. We are from Africa, our passport expired and there is no way we can get a renewal from our Embassy. Is there a way we can travel abroad?
Without passports, you cannot travel unless you win the asylum case – then you can get a Refugee Travel Document (there are some schemes involving a “world passport” but these are not recognized by most countries and I think it is not safe to use them to travel). If you wanted to try to expedite the asylum case, I wrote about that on March 23, 2022. Take care, Jason
The moment you leave us border you lose your asylum case. There is no other way unless you want to risk it all. You have to wait for your asylum case to get approved and get a travel document then you’ll be okay.
Hello Jason ,
pending asylum applicant since 2014.After 2 master hearing individual hearing was scheduled last September 2022.1 week before hearing it was off the docket . December 2nd week lawyer applied for a motion. I just notified that with different judge scheduled for a master hearing again in 2 weeks. .. is it a normal process ? and will they scheduled for the earliest day for the individual hearing since motion was filled? .is there any possibility judge able to grant asylum ?
This type of situation is – unfortunately – common, as the whole court system is an utter disaster. Given that the next Master Hearing is so soon, it is probably best to just attend (as opposed to filing a motion) and your lawyer can describe what a mess this has been and ask for the soonest possible date. If there is any reason that you need an early date (health problem, family separation), you can certainly mention that to the judge as well. In terms of granting asylum, that would be very unusual at a Master Hearing. However, if DHS (the prosecutor) agrees to a grant, the judge could do it. If you think that is possible, your lawyer can reach out to DHS before the hearing to see what they say. Take care, Jason
Dear Jason,
I applied for asylum on 6th August and my Application was received in Texas office on 10th August 2022.
Till now i have not received Allien number. Do you have any idea when i will be getting my Allien no ?
2nd Question: Suppose if i did not receive my allien number for another 30 days, Can i apply for Work permit without receiving allien no ?
This is a common problem, as many receipts have been delayed for months. We recently received some receipts for cases filed in July. You can email the local asylum office to ask whether they have a record of your case. Often, they do not, but they might. You can find their email if you follow the link under Resources called Asylum Office Locator. Without the receipt, you cannot apply for the work permit, and so hopefully you will get that soon. Take care, Jason
Hi Jason its me back again, i got my Asylum Approval on 2017 today there is update in my case to schedule fir interview, i have some questions, is the GC interview as same as asylum interview? Same question? And when i will get the decision after interview also wait years fir it ? Thank you again Sir for your efforts and helping us
USCIS rarely asks about details of the asylum case at the GC interview. They could, so you should review your asylum case, but normally, they ask about the info and questions on the I-485. Take care, Jason
They probably want to give you 5 year backdated green card ,so you can also apply for Citizenship at the same time good luck take care
This will be great! 🙏🏼
Happy New year sir
Thank you for the wonderful work u do for us.
I have three questions.
So I went to the US embassy and I was diened a visa because I had seeked asylum in USA in 2015 and after a few months I married my ex wife and she annulled my green card.
So they based on the fact that I seeked asylum.
Can I be able to appeal it?
Also will that affect my travel history
For example if I wanted to travel to countries like Canada New Zealand and Australia?
Or United kingdom will it also reflect sir?
Thanks once again
Hi Jason,
My wife and I with our 2 girls (8yrs & 6yrs old) applied for asylum in 2016. We have not been called for interview up till now. The online status of our case reads “The next step in your application is an interview. Once we have scheduled your interview, you will be receive an interview notice.” it has been like this for about 6 years. We have renewed our EAD about three time. Please what can we do for our case to receive attention?.
Thank you
This is a huge problem for many people – there are more than 543,000 pending cases. You can try to expedite the case. I wrote about that on March 23, 2022 and March 30, 2017 – maybe those posts will help. Good luck, Jason
Good day sir
Thanks for the help you have always offered to us.
My Question is I recently went for an interview and my visa was denied based on the fact that I once seeked asylum in 2015 n changed to marriage and I didn’t renew my green card because my wife annulled my green card after 6 years I applied for a visit visa but they asked me for asylum in USA now can I appeal it or what should I do?
2. So will that affect if I want to travel to countries like Canada,New Zealand, Australia??
3.what documents can I use to appeal?
Thanks so much sir
1 – I do not think there is a way to appeal. There is a legal office at the State Department headquarters, and I have contacted them in the past about a denied visa, but I do not remember the name of the office as it was years ago, and I doubt that would help. I think your option is to apply again, or maybe apply for a different type of visa – for example, for an H1b or an L visa, they should not care that you previously applied for asylum or had a GC. Otherwise, talk to a lawyer who does non-immigrant visas and maybe they can help you present a stronger application. 2 – As far as I know, it would not. Asylum is confidential and so those other countries should not know about your application. 3 – See # 1. Take care, Jason
Hi Jason,Good day to you.
I have got my GC based on granted asylum.My question is that can I visit Canada and return only with My GC by road.Pls note that I don’t have any RTD.Pls advise.Thanks.
I believe you can, but check the Canadian embassy website to be certain. You should also bring a passport with you if you have one. Take care, Jason
Hi Jason , first of all thank you for what you did to all people like me , god bless you , am approved asylum ( 2016) and i applied to my wife and kids and they came to US almost 4 years i didnt get my GC waiting since 2017,my kids they are waiting as well for almost 2 year , i want to send my kids back home with them mom for vacation , is it going to make any problem to them when they come back? They need travel documents ! Or they can use them passport?
It would be best if they and you had your GCs, but for people who only have asylum, they need a Refugee Travel Document to re-enter the US (form I-131, available at http://www.uscis.gov). Generally, it is ok for dependents to travel to the home country, but if your asylum case indicated that your whole family was in danger, their return trip could raise red flags. If they do go, they should be prepared to explain why they returned and how they stayed safe. Take care, Jason
Hello Jason, Happy New Year. I have a few questions
1. Can TPS holder apply for an EB 5 investor visa
2. Does USCIS approve pending I 131 advance parole along with when TPS is approved? or should I apply advance parole after TPS is approved?
3. how long should I stay outside of the US if AP is approved based on TPS?
4. Can I expedite AP while my TPS is pending?
Thank you
1 – I do not do EB5 cases, but I imagine the person can apply for such a visa. Whether he could get the GC without leaving the US, I do not know, as that would depend on the case. Certainly, you would want to talk to a lawyer to go over eligibility and exactly how you would get the GC. 2 – It’s a good question and I do not remember whether you can apply for AP simultaneously, sorry. If you look at the TPS instructions, I think it indicates that you can get AP while the TPS application is pending, but you would need to look more carefully about eligibility. It would be great if you could, as that would save time, but you should talk to a lawyer who does more TPS and who would know about that. 3 – You have to return before AP expires. As long as you do that, you should be fine. 4 – I am not sure whether you can apply for AP until TPS is approved, but you can try to expedite any case with USCIS. I wrote about that on January 29, 2020. Take care, Jason
Hello Jason ,
I am pending asylum applicant. individual hearing was off the calendar,December 16 th our lawyer filed the motion . No update on Eoir , no response or any updates yet . Wondering how long it will take to judge to respond for the motions or to see any changes on eoir . Thx
It is not surprising that there was no ruling over the holidays, and it can take a few months to get an answer (or longer). At some point, you or your lawyer can contact the judge’s clerk to ask whether the judge will rule on the motion. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason, my asylum interview experdite request was approved. How long will take USCIS to schedule my interview?
It varies and can sometimes take several months. I would give them 30 or 60 days, and if there is no news, I would send a reminder email. Take care, Jason
I obtained residency in November 2018, based on asylum. Approximately how much is left for the interview
Sorry, I do not understand the question…
Oh sorry Mr Jones i mean I got my green card on 2018 based on asylum, how long is left to apply for citizenship,thank you
You have to look at the date on the GC itself, and you are eligible to apply for citizenship 4 years and 9 months after that date (assuming you meet all other requirements). Take care, Jason
Hi Jason, Thank you for the good work you do. My spouse and I have a separate pending asylum case, and we are derivatives on each others case. My spouse and kids got their EAD based on my asylum application’s, if I withdraw my asylum application and leave the USA (not to my home country), can my spouse and kids maintain their EAD or they should apply by their own?
I don’t have any unlawful presence in USA, can I apply for a B1/B2 visa in a third country after I withdraw my asylum application? How should I convince the visa officer because my family is still in the USA, but my business is in the third country where I intend to work
Can a person with pending asylum application also apply for TPS (my country is on TPS)?
What will happen when I withdraw my asylum application after TPS approval?
I have pending application for advance parole based on asylum, should I apply for advance parole based on pending TPS
Thank you in advance for your response
If you leave the US, your case will still continue (at least until they schedule an interview and you fail to appear), and so the EADs will still be valid. However, they would probably be better getting EADs based on your spouse, assuming the spouse remains in the US. If you withdraw asylum and try to get a B visa, I think you will have a very difficult time. you have to show that you do not have an intention to remain in the US, so maybe showing a job or property in the new country will help, but you might want to talk to a lawyer who does non-immigrant visas, since I think this will not be easy. If you get TPS, maybe that is a better solution, since it is easier to get AP based on TPS than based on asylum. AP would allow you to travel outside the US and return. I do think you should talk to a lawyer, as this is a bit complicated and you would do well to have someone review the specifics of your situation. Take care, Jason
Hello Jason,
My brother just entered US through the Mexico border as a refugee. I just want to understand how fast he can get a social security number and EAD? Does he have to wait several months before applying for one? He really needs to work. What can he do? Thanks in advance.
If he is a designated refugee, he should just get an EAD, but if he has come on his own to the border to ask for asylum, and he has passed a credible fear interview, he will need to file the I-589 asylum form (there is a different process if he is in court or not in court). Once that is filed, he has to wait 150 days and then he can file for a work permit. If he was paroled into the US, he may be eligible for a work permit based on his parole, but that seems pretty rare these days. I would recommend he talk to a lawyer about the specifics of his situation so he can decide what he needs to do. Take care, Jason
Hi Jason, which non profits or attorneys are leading the effort to advocate for a policy change to help asylum seekers and asylees and advocating for improvements like reducing wait times and extending the validity of travel document?
I know of no group that is advocating for extending the validity of the various travel documents (though I’ve complained about that here numerous times, so maybe USCIS will listen – hope springs eternal). In terms of advocating for affirmative asylum seekers, there are a number of organizations involved in the effort. One group I have worked with is TASSC.org, and I wrote an article about their efforts – most recently on November 9, 2022. Take care, Jason
My case has been pending since 8 years,I have upcoming my hearing soon and recently I had became a victim of assault got jumped by 4 guys on the street , is that going to help in the court
Maybe that could be a basis for a U visa, for victims of a crime, but you should talk to a lawyer about that. In terms of an asylum case, I doubt it would help, but it depends on the case. Take care, Jason
I am just enquiring and wanting to know a bit more of general knowledge and detail about a certain situation.
I am emailing you on behalf of a family member of mine who currently has a pending case as an asylum applicant.
She isn’t very sure how these things work, and I wanted to know what the process would be if she files for a divorce whilst this case of hers is pending. If she files for divorce will it make the ‘pending case’ process quicker to complete? Or will it be a longer process?
If so, what paperwork needs to be done in order to do this? and what would be the process?
If you could get back to me ASAP, that would be greatly appreciated.
If she is the principal applicant, the divorce has no effect on her and would not make the case faster or slower. But in this case, her spouse will be off the case and will need to figure out his own immigration path (maybe file for asylum or something else). If the person is a dependent on someone else’s case, she needs to file her own asylum application. I wrote about this on January 26, 2022. Take care, Jason
Hi Jason,
I am currently in the United States with B1/B2 Visa and eligible to apply for TPS since I came from Ethiopia. However I just learned that the process to be granted the work permit might take up to four month’s.
So I would like to use the time travel to Canda to visit a family once I submit my TPS application
Do you think this is possible ? Would it have any adverse affect on my application.
Much appreciate your advice.
Thank you
Bee
Hi Jason,
I am currently in the United States with B1/B2 Visa and eligible to apply for TPS since I came from Ethiopia. However I just learned that the process to be granted the work permit might take up to four month’s.
So I would like to use the time travel to Canda to visit a family
Do you think this is possible ? Would it have any adverse affect on my application.
Much appreciate your advice.
Thank you
Bee
Hi Jason,
I am currently in the United States with B1/B2 Visa and eligible to apply for TPS since I came from Ethiopia. However I just learned that the process to be granted might take up to month’s.
So I would like to use the time travel to Canda to visit a family
Do you think this is possible ? Would it have any adverse affect on my application.
Much appreciate your advice.
Thank you
Bee
You should talk to a lawyer about this to review the specifics. I do not do a lot of TPS, but to apply, you need to have been in the US since a certain date. I do not know whether leaving a re-entering will re-set the clock for the purpose and make you ineligible. Once you have TPS, you can get Advance Parole and use that to travel, but if you need to travel before you have that, talk to a lawyer to be sure it will not interfere with the TPS application. Take care, Jason
Hello Jason,
High respect for what you do to help the people in need like me who have special circumstances.
Here is the context of my situation:
I submit my asylum application in 2018 and it was approved in 2020. Late 2020 I submit my I-485 form and my finger print relating to my application have been applied in March 2021. Since then I have been waiting for next notice and a couple of times I called to the USCIS helpline. I was told that the application is still in National Service Center, but I can send an e-request. Accordingly I did it in mid 2022 but I was not responded. Then again I called them to learn about it and I was told that I was not responded because the normal wait time has not been exceeded.
Here is my question to you:
Why it is taking so long in national service center and get a notification for the next step or a decision?
What is the normal wait time given that I live in Massachusetts?
Is there any option left for me to expedite the process and is it safe and has high potentials to expedite the process?
Kindly note that my home mortgage application and PhD admission application were denied with clear and documented reasons of my immigration status. Also, I am struggling financially as I am not getting a suitable and well paid job despite of having two masters degree in the United States – my guess not having a green card or citizenship might be one of the reasons why my preferred job applications are denied.
Thank you.
I think this is a “normal” wait for many asylees, unfortunately. You can try to expedite your case based on the financial hardship you are suffering – I wrote about that on January 29, 2020. Also, you can reach out to the USCIS Ombudsman – there is a link under Resources. They sometimes help with delayed cases. Most asylees seem to get their GC in 2 or 2.5 years, so even if you do nothing, you will likely get it soon, but I do not think it will hurt to try to move things along, as the wait is very long. Good luck, Jason
Hi Jason,
I was recently granted my asylum case and waiting for my I-94! So my question is, if I want to travel somewhere outside of US, can I get my travel document using my I-94? If yes, did u post an article on how to process the travel document?
Thanks and happy holidays!
You do not need the I-94 to travel, but you should apply for a Refugee Travel Document, using form I-131, available at http://www.uscis.gov. You can apply as long as you have the approval (and whether or not you have the I-94). There are many limitations to the RTD (only valid for one year, takes 1+ years for the application), which I wrote about on May 25, 2022. Once you have the RTD, you can travel and return as long as it is valid. Take care, Jason
I applied for asylum in USA in 2014 and changed my status and I moved back to my country so I tried to Apply for a visa they denied me a visa because I had applied for asylum before.so does that mean the US embassy will never issue me a visa to USA again kindly advise thanks in advance
If the US embassy thinks you engaged in asylum fraud (since you applied for asylum and then returned to your country), I doubt they would issue a visa again. If you can explain the return to your country, they will still deny certain types of visas – for example, if you plan to visit the US on a tourist visa, you have to promise to leave at the end of your visit. If the embassy thinks you will not leave (that you have an “immigration intent”), they will deny the visa. Other types of visas, such as H1b or L, are not denied even if you have an immigration intent. I would talk to a lawyer who does non-immigrant visas (or immigrant visas, if you have applied for a GC) to see if they can assist you. Take care, Jason
Hello, Jason
Are asylee treated as permanent resident when they file annual tax to IRS? Or to put it another way, are asylee considered a resident alien before they got green card? Thanks for your help!
I do not know about that – I think you need to talk to a tax professional. But asylees should pay taxes in the US, and I do not think they can avoid any taxes by claiming that they have residences outside the US. Take care, Jason
Hi Jason,
Is it possible for someone who has been granted withholding of removal to change their legal status in the future? I’ve read a couple of documents that suggest that it is not possible at the moment, but I’m not sure how accurate that information is. Furthermore, if it is possible for the individual to change their legal status, can this occur through marriage, serving (in the army or the US government in someway) or through an employer filing for them? Also, if their status changes are they able to file for permanent residency for a family member?
Thank you !
It is possible, but it depends on the case. The most common situation is where the person marries a US citizen. The person must re-open the court case, erase the Withholding of Removal order (which is technically an order of deportation (removal) that has been “withheld” as to the home country) and the apply for the GC. It is also possible to reopen a Withholding case, dismiss the case, leave the US, and get a GC overseas. None of this is easy and the first step is to talk to a lawyer about the specifics of the case to see what can be done. Once you have a GC (or asylum), maybe then you can file for other family members. Take care, Jason
Hi Jason,
I applied for asylum in June 2015 and got married in 2018. And my husband is an asylum seeker too; he applied in 2016. And we both have been residing in Virginia when we applied and also after we got married. We both have been waiting for an interview from the immigration office. We recently moved to Texas and we notified the immigration office about our relocation and they notified us that our case has been transferred to the office in Texas. My question is that when our case gets transferred to another asylum office do we still get to keep our position in the queue that’s waiting for the interview or do we go back in line since we transferred to another state office? And also is there anyway to know how long the wait will be?
I hope my question is clear.
Thank you
Since there is really no queue, it is hard to say, but my understanding is that if you move the case, it will be considered as if it were filed at the new office. In other words, you will not lose your place in line (to the extent that there is a line). There is really no way to know how long you will wait, and things now are very slow (except for Afghans evacuated from their country who filed for asylum). I wrote most recently about the backlog on October 26, 2022. You can try to expedite – I wrote about that on March 23, 2022. Take care, Jason
Hi Jason,
I had a question about Advance Parole. I am a pending asylum applicant since last 7 years with 2 dependents. Do you think I can apply for advance parole to third country for religious purposes like pilgrimage I am a muslim and willing to perform religious rituals in Saudi Arabia. I do not have valid passport as they expired and I am not willing to renew them due to threats and danger from home country. Do you think USCIS will approve my AP with a temporary travel document for religious purpose travel?
Thank you in advance for your view and opinion.
Unless you have a valid passport, AP will not help you. AP is a re-entry document; not a travel document. In other words, it acts like a visa and you still need a valid passport to visit another country or board an airplane. I do not see how you could get a travel document from the US government unless your case is approved. Maybe you could try to expedite – I wrote about that on March 23, 2022. Take care, Jason
Dear Jason,
I was granted asylum in September 2022 and I filed I-730 for my wife and my sons. Earlier this week, I received RFE from USCIS/TSC saying that I should send a stamped copy of the original I-589 application as they could not found my Form I-589. As it demanded a stamped copy, I had to go to the Arlington Asylum office on Thursday and showed them the RFE. I was told my case with them is closed and they wouldn’t give me anything and advised me to call to the USCIS customer service [1 (800) 375-5283]. I called them and the information specialist I talked to said that they don’t have access of my I-589 and told me to the Asylum office instead. I am frustrated.
My application was submitted online and I can still access the pdf copy of it. But since the RFE says a stamped copy, I am confused how to proceed.
What are your thoughts on this?
Take care, Fassil.
When USCIS receives the copy, they stamp it and issue a receipt. I am not sure why the receipt is any different from the stamp. Maybe you can submit the online copy + all receipts and the approval. The only way I know to get the stamped copy received by USCIS is to file a Freedom of Information Act request, but this takes time. You can learn more about it if you follow the link under Resources called FOIA USCIS, but that may take too long, and if so, I guess you will have to submit whatever you have. Take care, Jason
Thank you Jason for your reply. I will submit as suggested. If I may ask here, what do you mean by ” I am not sure why the receipt is any different from the stamp.”. And do you have the average wait to get response for a FOIA request? I am just thinking to submit what I have in hand now and request FOIA, just in case the officer insists demanding the stamped one and allows me some more time for submission.
Both the receipt and the stamp are proof that the I-589 form was received. In terms of a FOIA, you can try to expedite, but I think it will be 3 to 5 months before you get a response, assuming you are able to expedite. Take care, Jason
My name is Faisal Salam, I was evacuated on 17th October 2021 via a charter flight from, Mazer-e-Shaif Afghanistan to Abu Dhabi, UAE, currently I am in (EHC) Emirates Humanitarian City. At first I was told that I was considered an applicant for Humanitarian Parole. Later on the told me, I am a part of my father’s P2 case which we haven’t received anything about. My father worked and studied for four years in the USA. After he returned to Afghanistan he changed his career, and started working for Afghanistan’s ministry of foreign affairs, he was stationed as the first secretary of Afghanistan embassy in Moscow, and later was working as the counselor. Right now my father is in Russia.
What should i do for my case to be processed?
Thank you
Faisal
I do not do such cases and so I do not know much about it. Last I heard, the humanitarian parole cases for Afghans were not moving, but I do not know what the latest info is or whether P2 people are being brought over. I would imagine that if you were evacuated to UAE, you will have to be brought here, since UAE is not accepting refugees. I can only suggest that you contact the people who helped you evacuate to see if there is news, and if not, maybe find a lawyer in the US who does P2 cases. I do not know any, but you can try the website aila.org, which has lists of lawyers and I think indicates there specialties. Good luck, Jason
Hello Jason,
I have pending asylum for few years.
And now got TPS and its advance parole.
And I need to see family in a third party country, is there problem with that?
How do I ensure 3_10 years bar will not trigger?
If you have TPS, you can leave and return even if it would trigger the 3/10 year bar. However, if you are subject to the bar, the bar is triggered when you leave, and whether this might have other implication for you in the future, I do not know – you may want to talk to a lawyer about that. It would not affect an asylum case, and so in that sense, it should be fine. You should be careful about using your passport, as the US government may question why you used a passport from a country that wants to persecute you. In practice, this rarely comes up, but it could, and so you should be prepared to explain. Take care, Jason
By future implications you mean something other than entry issues?
If for any reason CBP prohibit you from entry what would be your best recommendation?
I do not think CBP would prevent you from entering, but I guess if that happened, you could claim asylum. This could result in you being detained for a short time or a long time, and having your case sent to court, but I think this is all pretty unlikely if you have valid AP. Take care, Jason
That exactly what i needed to know and be aware of the options, thank you so much snd appreciate tour response, Jadon.
Apologies for the typo *Jason
Hi Memo,
If you don’t mind me asking you. How long did it take you to get your TPS granted? I am in the same situation Asylum pending I think for ever, I apply for TPS also on July and one month ago they asked me for the same documents I already sent with the application and I never heard back from them. It’s so stressful
Hi Jason
I had individual hearing 2 weeks a go the judge she never make a decision the very someday she said that she will send the decision by writing my question is that is normal?
If is normal how long does take to receive the decision?
Thank you
It is pretty common, but there is no way to know how long it will take. Given the upcoming holidays, I would wait until January, and if there is still nothing, call the judge’s clerk to ask – you can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason
I really appreciate your help God bless you
Thank you so much
Hi Jason,
I along with my lawyer filed for expedition of Interview here at Arlington last week.
Our case is now pending for 2 years now which I understand isn’t much compare to other applicants waiting for a lot more years now.
Based on my case history and some unfortunate happenings in our life (after applying for asylum), my lawyer felt that I may qualify to get an an expedition. But Of course it solely depends on Asylum Office and on how they feel about my request.
In case of rejection of expedition request, my lawyer has plan to route through congressman which I don’t get how would it help?
Could you please shed some of your experience on that?
Thanks
I don’t think there is much difference between an expedite request and a request through Congress. Both are worth a try, and if you have a good reason, Arlington may expedite. If not, you can try a mandamus lawsuit to force them to give you an interview. We wrote about those on October 2, 2018 (in the context of getting a decision, but it is the same principle). Take care, Jason
Hi Jason,
The court granted my asylum case this week and I want to know the next step like how do I proceed with my next steps? Can u send me a link or an article that you posted that can walk me through the steps?
Thanks!
We have articles on May 16, 2018 and December 15, 2021 with info for people who received asylum. For court approvals, you also have to Google “post order instructions in immigration court” and follow those to get an I-94 and a new work permit. This involves calling USCIS, which can be difficult, and if you cannot reach them, you can also file a form I-765, available at http://www.uscis.gov, to get a new asylum-approved work permit (category a-5). Congratulations! Take care, Jason
Hi Jason,
I travelled outside the USA without AP. I managed to get back into the country illegally. I have a pending asylum case. What should I do?
There are many factors to consider, and you should talk to a lawyer about specifics, but if you were detained at the border and had your case placed into court, the asylum office no longer has jurisdiction over your case, and cannot issue you a decision. If the case is not in court, you will eventually receive an interview at the asylum office, but the departure and return could affect that, so definitely talk to a lawyer about how to continue the case. Take care, Jason
Hi Jason,
My individual hearing is next week, and no government attorney assigned yet. Have you ever heard an individual hearing case held without a government attorney?
Thanks
They usually assign the lawyer the week before, so maybe someone was assigned. But if the case is going forward, there will have to be a government attorney. Maybe you can call the DHS to ask – you can find their phone number if you follow the link under Resources called DHS Office of the Chief Counsel. Take care, Jason
Hi Jason, thanks for the great work you are doing. I sent you a mail recently, am yet to receive a response from you.
I need a second opinion on my issue and will appreciate your help. Was denied asylum in my individual hearing, because of the one-year deadline, have to send in appeal before 30 days. Is advisable to change an attorney at this point? With the one-year deadline being the snag here, is it possible to ask for withholding of removal under CAT in the appeal?
Thank you.
The appeal must be received before the deadline, and so if a new lawyer can get that done, it is fine, but in many cases, lawyers do not have the capacity to get work done quickly. If the judge denied asylum, the judge could have granted withholding of removal or CAT, as those are not affected by the one-year asylum bar. If you did not receive those forms of relief, they would have been denied for other reasons, and so you could appeal that as well. I do not know if DHS would be willing to negotiate with you at this point, but maybe they would agree to prosecutorial discretion and to dismiss the case, though maybe not now that relief has been denied. If you sent an email, I will respond during the week. Take care, Jason
Hi Jason, I sent an email last week, still waiting for your response.If my present attorney sends in the appeal notice, can I engage the service of another lawyer to write the Brief? From my understanding, the brief does not go together with the Notice of Appeal and how soon can the Brief be sent?
Thank you always.
I believe I replied to all emails that I received last week, so you may want to send that again. You can use another lawyer to write the brief if you want – that is up to you. Take care, Jason
Hello Jason,
My husband is a permanent resident based on asylum. He is going to apply for naturalization in a year. Now his father is very sick and in the hospital in his home country. The situation is critical. He may die any moment. He wants to go and visit his father. But his travel document is expired. Will he be allowed to visit his homeland with his passport and a green card for about 10 days. What other legal ways does he have to get an emergency parole if he is not allowed to use his passport? Thanks in advance.
If he has a valid passport, he can travel and return to the US with the GC. If he does not have a passport, he will need a Refugee Travel Document, which he can apply for and try to expedite, but it is difficult to get that quickly (it normally takes 10 12 months or more). If he does travel with his passport and the GC, he should be prepared to explain why he returned and how he stayed safe. I wrote more about this issue on January 6, 2016 and maybe that would be helpful. Take care, Jason
Hi Jason,
I have an asylum application pending. I left the US without parole though I had sent several emails requesting emergency Advance Parole. I managed to get to the US-Mexico border but I was turned back to Mexico. I’m in Mexico illegally and the consulate says they are not able to help. Please help me on this and if I need to employ your services I will do my best
Also, what’s the worst that could happen if I get in through the back door?
I guess you could be detained and placed into removal proceedings, but that is basically what would happen anyway if you seek asylum at the border. Take care, Jason
I am not sure how best to deal with this. If you can get the AP document, you could use that to enter the US (I wrote about AP on September 11, 2017 and maybe that would help). I do not know that they would deliver the document to someone outside the US, but if you have someone in the US who can receive it, maybe they can get it to you. I am not sure about the legality of all that, or whether the AP would be valid if delivered that way. Maybe you can ask a lawyer in the US to look into this. Depending on why you were turned away at the border, maybe you can go there again to ask for asylum. The rules there keep changing and supposedly, one program that prevented people from seeking asylum (called Title 42) will end soon, and maybe that will make is easier to seek asylum at the border. Good luck, Jason
Thanks for your response Jason,
Can I ask for asylum again yet I have a pending asylum application?
I think if you enter at the border and are detained, the asylum office will lose jurisdiction, meaning that they will not have the power to make a decision in your case, since you are now with the Immigration Court. You would then ask for asylum with the court – you can use the same application you submitted previously, though you will need to submit the most up-to-date form. Take care, Jason
Oh, they never gave a valid reason of why they’re turning me back into Mexico. They just said I need to go to consulate and the consulate will change my status. They said the consulate will give me a new card but never detailed what kind of card.
So if I show up now at the border, should I seek asylum again while I have another pending application? What will the process be?
It is common that they say things to get you to go away, and this sounds like what happened here. I do not do cases at the border, and many people are being turned away even if they ask for asylum, and so I am not sure exactly what you need to do. I would recommend you talk to a lawyer near the border who does such cases and see what they think. Good luck, Jason
Hi Jason I applied for my travel document and green card application two years ago, yesterday the status of the travel documents says” Case closed benefit received by other means”
Does that mean I will receive the green card soon thank you
Hi Jason, the processing time for refugee travel document is about 18 months. It’s becoming so difficult for asylees to travel or plan a trip with friends. How do you approach this with your clients?
Hi Jason I applied for my travel document and green card application two years ago, yesterday the status of the travel documents says” Case closed benefit received by other means”
Does that mean I will receive the green card soon thank you
Hopefully, but the GC is not the same as a travel document. Maybe you applied for Advance Parole? If so, that makes sense (though why it took so long makes no sense). But if you applied for a Refugee Travel Document or Re-Entry Permit, that is different from a GC, and so the message makes less sense in that situation (since you should get the GC and the travel document). Take care, Jason
We tell them in advance about the difficulties and we do try to expedite the RTDs, at least we ask for that in the cover letter. I wrote about expediting in general with USCIS on January 29, 2020. The only real solution is for USCIS to extend the validity of the RTD to 5 or 10 years, and I am really not sure why they have not already done that. Take care, Jason
Good evening,
The question i have may sound a little stupid, but, how applying for bankruptcy can affect my asylum case?
Last year during covid, i was attacked by my employer and police report was filed, but nothing happened after and i was jobless for some time. Then, i found a part time job but been studying full time and paying for rent, so i kept using my credit cards. And i also had surgery which cost me about 15k, and because of all those things, i felt very behind but i kept paying for all my credit card bills since then. But now, with interests and more payments, I can barely afford paying for my credit card bill, but can still manage to pay for them with no late payments.
If i apply for bankruptcy while asylum pending, will it be something negative on my record? Is it going to be seen as something bad and can my asulym get denied for that?
To me bankruptcy is the only way to start fresh and be more responsible with money (not that i wasnt).
Thank you in advance,
Kevin
I do not see how this would affect an asylum case, as it is a civil matter. If you were somehow charged criminally, that could affect an asylum case, but a bankruptcy should have no effect. Take care, Jason
Hello Jason,
My affirmative asylum claim was not granted and I was sent to court by the asylum officer. I have my first hearing in 2023 but I recently married a U.S citizen and I would like to know if he can petition for me or if it is necessary for me to do that with representation before the immigration judge. For your information, I entered the US with a B2 visa and then I filed for asylum. Your information would help me tremendously. Thanks in advance!
Your spouse can file an I-130 petition for you (form I-130 is available at http://www.uscis.gov). There are different ways to proceed, but the most common path is to wait for the I-130 to be approved and then ask the Immigration Judge to dismiss the case so you can adjust status and get a GC. There are other options as well. I wrote about this issue on August 6, 2018 and maybe that post would help. You could do this yourself, but it would be safer to get help from a lawyer. Maybe when you attend the first hearing, you can tell the judge your plan (and hopefully show the judge the receipts for the I-130) and see how the judge reacts. If the judge seems ok, you can try to proceed on your own. Most judges are fine, but some are awful, and with those, you really need a lawyer to help you. Take care, Jason
Hi Jason.
Thank you for your help.
Need your help in few questions.
2017 Filled Asylum Case SF office. Haven’t got any single interview date yet. Depressing .
2022 March I got married with US citizen. Some how my Spouse intentions changed and financial demands got raised by her for me turned into toxic relationship. Now reached on that point to be Divorce. My marriage case filed in 15 April 2022 for change of status .
Concerning about my status allot. Dose Divorce can effect on my immigration status? If we she withdraw case. Dose it effect on my pending asylum case? Do u think USCIS will think on it that it was fraudulent marriage?
If I divorce Can I remarry once again with US citizen in future and reapply my marriage base GC ?
I never withdraw my Asylum case during whole time period. Dose this Divorce and remarrying with another US citizen can cause problem for my asylum or in my new marriage?
Can I apply my new marriage case after divorce in Vermont USCIS main service office ? How fast they have processing time usually?
Thank you
If you get divorced, the I-130 petition (filed by your spouse) cannot be approved, and so it and the application for GC will be denied. Unless USCIS suspects that the marriage was fake, this should have no effect on a future marriage case or your asylum case. You should save all the evidence you have about the marriage, so you have that if you ever need it, but generally, unless your spouse tells USCIS that the marriage was fake, you should be ok. If you get divorced and re-married, you and your spouse can file a new marriage case. You will need evidence of the prior divorce, and also – again – have evidence that the first marriage was true, in case that is ever needed. You can see the processing times for the I-130 and I-485 if you look at http://www.uscis.gov, but we are seeing such cases take about a year or year and a half. Take care, Jason