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 ,thanks for last time .my question is if you already paid your attorney but you have individual hearing which is not scheduled yet since 3 years what can you do ?my attorney asked me to give him every evidence to submit like additional information but until now no individual hearing yet .he always said to wait for it.is that common individual hearing waiting time is 3 years ?
It depends on the court, but many people wait 3 years or more for an Individual Hearing. Your attorney should keep you informed about what is happening and maybe you can try to expedite the hearing – I wrote about that on April 20, 2017. Take care, Jason
Hello Jason,
I would like to travel I have the US Refugee Travel document form I 131 but now I see that there is a form I- 571 and also Form I 327 can you tell me the difference and how it might affect admission to the countries I want to travel to. Where can I travel with form I 131 ?
I believe the I-571 is an RTD and the I-327 is a re-entry permit (they are both gotten using form I-131). The RTD is used like a passport, though not all countries accept it (you have to check with the embassy of the country you plan to visit – sometimes, the embassy website discusses this issue). The re-entry permit is supposedly only to re-enter the US and is not meant to be used instead of a passport. In terms of returning to the US, if you have either document, you can return to the US as long as the document is still valid. Take care, Jason
Hello Jason. I’m a derivative asylee, and me and my wife would like to send an invitation letter to my parents. My mother came here in the past and was invited by his brother. Now I would like to invite the entire family to come visit us. My wife and I bought a house and we are both working (decent job). Us being asylees without our GC yet. Is there a problem inviting my parents? Is that even possible?
You can write a letter of invitation and they can use that when they apply for the B visa, but I do not know that it will help much. Typically, if a close family member has asylum, that might make it more difficult to get a visa, but that problem is usually not so bad for parents of asylees (it is worse for spouses and children of asylees). Take care, Jason
Do I even have to mention that I’m an asylee? Can I just invite them as a US resident ? or that’s going to be something they’ll figure out?
You are not legally a resident, so do not say that, but you do not have to mention your status. Personally, I think if your other relative can send this invite, that might be better (assuming that person is not an asylee), but I do not think it makes too much difference – the invite is just an informal letter to try to convince the embassy to issue a visa; it may or may not help, but there is no harm in including such a visa. The more relevant info is whether they have attachments to the home country and the embassy believes that they will return at the end of their visit. Take care, Jason
Good morning Mr. Dzubow.
I am an afghan refugee who was evacuated by US army from Afghanistan. I was on parolee(humanitarian) visa first, from September 2021. I applied for asylum in 2022 and i appeared for asylum interview in November 2022. When do you think i will get my asylum result? Now my lawyer is saying that i need to apply for TPS. Is that true? She says that it is because our parolee visa is expiring in sep 2023. But i am an asylum seeker, my visa has no relation in getting expired with my asylum case, right? Could you please tell me i need to apply for TPS or not?
These decisions are often taking a long time – it could easily be over a year (though in general, women are somewhat faster than men). I did a post about some suggestions to try to get a decision faster – on June 2, 2021, and you can try those, though I doubt it will help. On the positive side, almost all Afghan cases are granted. In terms of TPS, it is up to you. You are allowed to stay here while asylum is pending, and so TPS is not needed for that or for an EAD (since you can get an EAD based on asylum pending as well). The only real advantage of TPS is that it is easier to get permission to travel if you have TPS. If you do not plan to travel, I do not know that there is any reason to get TPS, but you might check with your lawyer since she knows your case – maybe there is some reason she thinks TPS will be beneficial for you. Take care, Jason
Hello Jason appreciate your blog these years helped me a lot. I have a question about the new policy for asylum granted to apply for I485 to get green card. It says after the approval date till apply for I485 need stay in the U.S. physically for one year. But I watched YouTube an attorney said the new policy is that after get asylum granted can apply for I485 right away just need stay in the U.S. physically for a year to get green card. Is that true ? I got approval letter last year November. If the new policy is like the attorney said in YouTube I can apply for I485 now , right ?
You have to be inside the US for a total of one year at the time USCIS makes a decision in the I-485 case. So if you think it will take USCIS 1+ year to process the I-485, and you will be in the US that entire time, you can file the I-485 immediately after asylum is granted. The problem is, we do not know how long it will take USCIS to process the I-485. If it takes less than one year, we do not know whether USCIS will deny the I-485. Usually, an I-485 takes more than one year, but not always, and so if you do not mind risking the filing fee and some additional delay if you are denied, you can file the I-485 immediately. If USCIS denies the case because you did not reach one year inside the US when the case is decided, you can re-apply again. My recommendation is to wait 6 months after asylum is granted, as that should minimize the chances of the case being decided “too quickly” but this is a personal decision, depending on whether you want to take a risk of denial to get the GC faster. I wrote more about this on February 8, 2023. Take care, Jason
Hi Jason!
First of all thank you for youe time and precious experties to help us out.
I came in as asylee… my son joined me as a relative of asylee.. I got my citizenship. Then I applied for passport including my now 10 yr old who came in as a relative of asylee to join. His passport got rejected for the reason he hasn’t been permanently accepted as a resident. I havent applied for a status change for him after he came in. Now, i dont know if i should file the I485 form or is there anyway to get his passport through my citizenship?
Thanks
Normally, if a dependent (your son) still has asylum status and the principal (you) is a US citizen, the dependent is not eligible to apply for a GC unless he first does a “nunc pro tunc” asylum. I wrote a bit about this on February 10, 2022 (near the bottom of the post). If your child is still under 21, it would probably be easier (and much faster) for you to file an I-130 for him and he can simultaneously file the I-485 to get a GC. Once he has a GC and if he is living with you, he may automatically become a US citizen (it depends on how old he is). You might want to talk to a lawyer about the specifics to decide which is the best approach, but I am guess that it will be easier to avoid the nunc pro tunc and you just file for him based on your status as a citizen and his parent. Take care, Jason
Hi Jason,
I hope you’re doing well. I would like to tell you that I applied for the Initial TPS back on July and this week my card was produced with the EAD card. Thank to God and thank to you for all the advice. You are such a blessing for all of us immigrants.
I got a question: I live with a write American Family ( Lady 80 years old and passed away almost 4 years ago, the man is almost 90 years old). I am over 21 years though, but both of them used to like me like a daughter (even if I am black) and I live with them for almost 6 years. When my TPS is approved, he told me if I need a sponsor to have my green card let him know so that he can sponsor me. Do you think there is a possibility to do that? I know people marry for green card, but it’s not that. I am just asking if there is a way to help adjust my paper. Thank you so much
Normally, the only way to sponsor a person is through marriage or employment. Otherwise, I do not know what he might do. Potentially, you might apply for asylum, since it sounds like you come from a country where there are problems. Maybe you want to talk to an immigration lawyer to look into your options. Take care, Jason
Thank you Jason. I understand.
I applied for Asylum since 2016, they never call me for interview. Do you think I can reapply?
Thank you
So it sounds like you still have a pending asylum case. You can email your local asylum office to ask if the case is still pending. You can find their email if you follow the link under Resources called Asylum Office Locator. Also, if you have your receipt, you can check your case status at http://www.uscis.gov. If there is not a case pending, you can file a new case, but probably you would need to file at the Asylum Vetting Center (see the special instructions on the I-589 page at the USCIS website). Take care, Jason
Hi,
Thank you. Yes It is pending and it says the next step in an interview. So since 2016 I am waiting for an interview date. They never get back to me and my lawyer won’t give me any hope. Last week she told me to prepare money to apply for Green card. When I asked her to explain to me with more details, how this is gonna be happened. She said just start to save money to pay her again because it’s time for me to apply for the green card. I don’t know how this is possible if I never got my Asylum case approved. I think I am gonna do what you said because I don’t see hope in my lawyer.
One important job of the lawyer is to make sure the client understands what is going on. If the lawyer is not providing an explanation (about the GC for example), she is not doing her job, and so maybe it would be better to find a new lawyer. Take care, Jason
Yeah you’re right. I need another lawyer. I really need help
I am seeking help. I am an approved asylee applying for a green card but am stressing over whether i should say YES i was arrested or detained in my home country. My assumption is the arrest on the -485 are criminal based, but I cannot be sure. I was indeed arrested and detained for political reasons and detailed my experiences in the initial 589 application and interview. Now i am at a loss as to whether should say yes or no to the 485 Part 8 , item 25. Please help. Do the arrests stated on this question pertain to criminal or any type of arrest. I certainly do not want to deviate from my statements in my 589 but I also do not want to misinterpret or misrepresent facts. Please help me.
You can just answer as you think best (yes or no), circle the question, and write “see cover letter.” In the cover letter you can explain that you had a political arrest, that it was not criminal, and that it was discussed in your asylum case. If you do that, you should be fine. Take care, Jason
Hello Jason,
I have applied RTD with my I-485 application at the same time. That time, I did not have GC that’s why I have applied as Type B. Both RTD and GC took around one and half year to receive. Luckily, I first received my RTD and then my GC.
So, I still have my RTD available to use however I got confused about one thing. By receiving my GC, my category on I-131 Form move from Type B to Type C. May I still use my current RTD that I received as Type B to travel or should I apply to a new RTD with my new status as Type C?
For other people who read this on I-131 Form it says on the “Application Type” section:
1.b – I now hold US refugee or asylum status, and I am applying for a RTD
1.c – I am a permanent resident as a direct result of refugee or asylum status, and I am applying for a RTD
Thanks
I have never heard about this making any difference, and if you have a valid RTD, you should be able to use that to travel (though not all countries accept the RTD). In terms of returning to the US, the RTD and GC both allow you to re-enter, so that should be no problem either. Take care, Jason
Hi Jason
I need your help filling up an item in the 485 form that I am uncertain with “ Provide the most recent address where you lived more than one year outside US “ Should I only write down the address that I lived for more than a year , In my Asylum form I wrote down all the addresses even the ones that I stayed one month before coming to USA should I mention this one ? I am uncertain because in case I only mentioned the address that stayed for more than a year there will be different from my Asylum application. Thanks for your help.
We list the address where the person stayed for one year or more, and that has never been a problem. However, if you are worried, you can also include the last address where you lived outside the US – put that on the supplemental page or the cover letter, and explain that you included the 1+ year address on the form and you are also giving them the last address outside the US, which is less than 1 year. Take care, Jason
Hi. Jason can I file motion with court by myself to get scheduled for my individual hearing?my attorney don’t do nothing until 02/27/2020 .this is three years I am waiting for my individual hearing .I am in Kentucky
I would highly recommend you do not file a motion without discussing this with your lawyer first. If one of my clients did that without telling me, I would withdraw from the case, and I think most lawyers would do the same. If the lawyer is not willing/able to file a motion and does not provide an explanation, maybe you need a new lawyer, but filing without the lawyer’s knowledge will probably cause more problems than it might solve. Take care, Jason
Dear Jason thank you for your kindness, my asylum and TPS is still pending however my employer is willing to sponsor me for EB3. I came to the US on B1 visa and apply for asylum before the six months authorized stay expire and also applied for initial TPS three months ago and it is still pending. My question is can I adjust status if my employer sponsors me as EB 3. If so can we use premium processing? If approved
do I need RTD for business travel?
Thank you again
I did a blog post discussing this issue on August 28, 2018, but whether this would work in your case, I do not know. I do not do EB immigration, but I have heard about people in this situation being able to adjust. Hopefully, the immigration lawyer has gone over this with you and has explained the possibilities and risks, and how it will work. In terms of the RTD, you can only get that if asylum is approved. It would be better to have the RTD, and if you travel on your passport, you may need to explain why you used a passport from a country that wants to persecute you (probably you can explain this, but you should be prepared to explain in the event you are asked). Take care, Jason
Hi, Jason
I’am granted asylum and waiting for green card to be approved since July 2021, my mother was diagnosed with liver cancer and needs a liver transplant, i scheduled an appt with USCIS for an emergency Travel Document. We knew about her health problem, and because of very long RTD processing time and 1 year validity of RTD i did renew my home country passport ( i did not went to the embassy, it was a mobile crew coming to our town) What are the risks going to 3rd country for me? I may never see my mother, but i am scared so much that i will not be allowed to ho back in the country. The reason i told to the officer is my mother’s cancer and to make investigations to see if i’am a marching donor for her. Thank you!
I think if you leave without the GC or RTD, you risk having trouble returning. The RTD could be issued after you leave (and I guess the GC could as well) and then you can use one of the documents to return to the US. The risk is, if something goes wrong and you do not get the documents, I am not sure how you will return. Hopefully, USCIS can expedite the RTD. I wrote about expediting in general with USCIS on January 29, 2020 and maybe that would help – I believe a medical emergency is a basis to expedite, and so maybe a letter from your mother’s doctor would be helpful for that process. Take care, Jason
Hi Jason,
I passed my asylum interview, and it’s more than 5 months that I’m waiting for my decision. Would it harm my case if I file for a FOIA?
I do not think so, but I also do not think a FOIA will help regarding the decision. I did a post with some ideas about how to deal with this delay on June 2, 2021 – maybe that would give you some ideas. Take care, Jason
Dear Mr.Jason
My time line Aug 2016 applied my asylum Mar 2022 completed my third interview Fab 2023 FOIA request send .My question that I just received I589 file and a later said Partial Denial for FOIA because of security reason what’s the way to know what was the officer decision in this case and any especial way to get the answer and question as long with the officer decision.
I do not know that you can get the officer’s decision. I suppose you can litigate in court to get redacted parts of the FOIA, but I do not know whether you would be entitled to those. Maybe the better approach is to file a mandamus lawsuit to force them to issue a decision. We wrote about that on October 2, 2018. Take care, Jason
Hi, which state did you apply?
Hi Jason,
I would like to ask you for an advice!
My son is a green card holder based on asylum derivative through his mom. He is 9 years old. He was mentioned on the asylum case as he was at danger at the time we left our country but that was 8 years ago. He wants to go to our home country for a short visit with his grandparents. He has a valid passport from our home country. He will get his citizenship through us by filling N600 form, children under 18 years of a (US) citizen.
So, he will use his national passport along with green card for travel. His grandparents will make sure that he will be safe during his visit and will not take him to our home city.
Based on his situation, do you think that he may face any issues at the time he returns to the U.S. at the airport or at the time of the naturalization?
Thanks in advance!
I think it is very unlikely that he would face issues. He was (and maybe still is) too young to understand the problem, and in any case, derivatives are not prevented from returning to the home country. If it is age-appropriate, he should be able to explain why he went to the country and how he stayed safe, but I think it is very unlikely he will face any issues. Take care, Jason
Dear Mr. Dzubow
I am a citizen through asylum (applied for asylum in 2014, approved in 2017, citizenship 2023). Left home country (Syria) in 2012 and never returned since.
When I applied for asylum about 10 years ago, I had many reasons for not returning including fear from government, and some terrorist groups.
During my time as an asylee, and as a green card holder, I did everything by the book (with respect to asylum laws) including not going to home country and not using or renewing home country passport, and traveling only with RTD.
Today, after more than 11 years of me leaving the country, things changed. The terrorist groups are much weaker and don’t hold as much power. The dictator government changed its approach and the president made few executive orders in the recent years that people who were not involved in what they call “terrorist crimes” will not be prosecuted. I was wanted to my home country government because I participated in peaceful civilian uprising.
There is a chance if go to my home country that I sill might be arrested but due to recent circumstances with my family, I have to take the chance and go.
My questions is how can I protect my self when coming back from the possibility of USCIS coming after me for visiting home country? If they do, is denaturalization done in court? Will I be able to present evidences of what I talked above to prove that the country situation is not the same as 10 years ago when I applied for asylum and that my asylum claim was true (which it was).
If you think this is too complicated to be discussed here, please let me know and I can schedule a consultation with your office.
I appreciate your time.
Thanks,
I think the likelihood of a problem is extremely low. I suppose if the return trip causes the US government to view the original asylum as fake, they can try to denaturalize you. The Trump Administration created a unit to look into such things. Whether they actually ever did anything, I do not know, and I do not know that they are currently active. The only instances of this happening that I know about were related to Nazi war criminals who engaged in genocide, lied about that to get status in the US, and then were discovered. And so the chances of having any problem are remote. That said, you should be prepared to explain why you went back and took a risk (as you explained above) and maybe have access to some evidence about that (maybe you can save your asylum case online somewhere where you can get it if you need it, but where the Syrian authorities cannot access it). You can also have evidence of the reason for your travel, just in case you are questioned. The much more likely outcome is that you return to the US and no one asks you any questions, but it does not hurt to think through these things beforehand, so you are ready if anyone asks, Take care, Jason
Dear Jason,
Thank you once again for committing your precious time to our questions here!
I wanted to ask you for your opinion in regards to a peculiar case of a friend.
So, my friend has a tourist visa but his wife and infant son don’t. Now, they think of entering the US through the Mexican border with all 3 of them together. What will happen in this case? Although, he does have a visa, are the border officials going to process things for all 3 of them together as a family? Would you have any specific advise for my friend?! What should he prepare for at the border?!
Thank you!
I think the wife and child should apply for a tourist visa and try to come here legally, as that is much better and safer. If that has failed, and they decide to enter at the border, I expect they all would be processed together (since he showed up with his family and is expressing an interest to remain here permanently, this violates the tourist visa, and so he would probably not be admitted on that visa). The process at the border keeps changing and I do not follow it that closely, and so I do not know for sure, but they could be rejected from entering or they could be detained, or they could be allowed to enter and (probably) given an Immigration Court date. Alternatively, he could come here with his visa and his family could stay outside the US, and if he decides to file for asylum and if he wins, he can file to bring his family here later. This is likely a years-long process, which would mean a long family separation. Take care, Jason
Hi Mr.Dzubow
I have 2 kids with SSI for disability and me and my wife failed in citizen ship test in mar 2022 because of the language and in Nov 2022 we reapply aging but didn’t get the responded from citizenship for new test yet, my problem that SSI stop on my kids because of the 7 years and from my side I applied for test and field and resubmit aging but didn’t get new appointment yet any way to continue getting SSI or get extended until pass the new test, and if yes what should I need to do.
Thanks
Sorry – I do not know about that. Maybe the SSI office can assist or an immigration non-profit that knows more about such issues. I wrote about immigration non-profits with links to local organizations by state on September 22, 2016. Also, you can try to expedite the N-400, but I doubt that will work given that it has only been 4 months. But you can try – I wrote about expediting i general on January 29, 2020. Take care, Jason
Hi Jason,
I was granted my asylum case recently and I was told to apply for my green card after a year but last week I heard someone saying we can apply it anytime since it may take more than a year to process it anyways. So, I wanted to verify whether this information is true or not before I apply.
Thanks,
It is not quite that simple, but yes, there is a new rule and you can apply earlier than one year – how much earlier depends on whether you want to potentially risk having the application denied if USCIS happens to process it quickly. I wrote about this issue on February 8, 2023 with more details. Take care, Jason
Dear Jason,
First and foremost, thank you for this wonderful humanitarian work that you do! I was advised to ask you for your kind consultancy through here by a friend and I can’t thank you enough.
My question is the following, sir: what are the pros and cons in respect to case processing times, when it comes to affirmative asylum vs emigration on land through a border?!
Also, the way things look now, does one have a better chance of establishing his family as a resident in the US through affirmative asylum or through emigration on land through a border?
Thank you in advance!
There is really no way to know which process is better. If you have the ability to enter lawfully and then seek asylum, the case could take a long time – most cases take years. However, you will be in the US and will eventually get a work permit while you wait and your case will be with an Asylum Officer, which is not a court, and which is less stressful than court (and generally less expensive if you plan to hire a lawyer). If you arrive at the border without a visa and request asylum, you could be turned away or detained upon entry. Also, your case will go to an Immigration Judge and many of the judges at the border are not so good. On the other hand, if you get your case before a judge, that will generally go faster than at the Asylum Office. My preference is to enter legally and file affirmatively if possible, but different people may have different preferences. Take care, Jason
February 18th,2023
Greetings Jason
Quick question:-I was referred 2 years ago IJ,still not had the MH,and recently got TPS application approved.Based on TPS ,can I apply for Advance parole and use it to travel overseas?
Appreciate your response
Regards
Ahmed
If a person leaves the US while the court case is pending, they generally have deported themselves and would not be allowed back in. However, where a person has TPS, I have had clients leave the US and return with AP. I do not recommend this, and I think there is a risk of being unable to return, but there seems to be no clear law on this point (at least I have never seen anything) and I have had several clients travel under these circumstances and return. The safer approach might be to get the case dismissed from court based on the fact that you have TPS (I wrote about dismissing the court case on June 8, 2022) and then travel with AP. That would probably be the safer approach. Take care, Jason
Hello Jason
Thank you for all your support and advice. My wife got her green card based on asylum. From the time she applied for the green card to the time she received it, it took a total of 3 years does that mean she will wait less than 1 years before she can apply for citizenship or does she have to wait 4 more years starting now? Thanks again
She has to wait 5 years from the date printed on the GC – the card should be back-dated one year, so she should “only” have to wait 4 years from now. Also, the application can be submitted up to 90 days before she reaches the 5-year anniversary (this assumes she meets all other requirements to naturalize). Take care, Jason
Hi Jason
Thank you for your response. What do you mean by “requirements to naturalize”?
There are a lot of requirements to naturalize – time in the US, no breaks in continuous presence in the US, good moral character, etc. You can check the naturalization requirements if you look at the USCIS webpage for the N-400, available at http://www.uscis.gov. Take care, Jason
Hello Jason I submitted an application for asylum last week. When will I be able to apply for an EAD and when will I receive my work visa?
Once you get the receipt (which may take a while if you submitted it by mail), you will see the date the application was received by USCIS. From that date, you have to wait 150 days and then you can file for an EAD using form I-765, available at http://www.uscis.gov. Initial EADs are taking maybe 2 months after you file. Take care, Jason
Hi Jason!
In case my asylum will be denied after the interview in the asylum office and I leave the country to seek asylum somewhere else, will I have a 10-year ban to enter the US?
Thank you.
If you have been in the US more than 180 days without any status or without an application for asylum pending, and then you leave, you are barred from returning for 3 years. If you stay here 1 year or more with no status and no pending asylum application, and then you leave you are barred from returning for 10 years. But if you have less than 180 days unlawful presence, you would not be barred from returning for that reason if you leave. Take care, Jason
I do have a pending asylum and was wondering if I’ll have a 10-year ban to come back to the US in case my asylum will be denied in the asylum office.
It depends whether you have “unlawful presence,” which is time in the US after your lawful stay expires but before you filed for asylum. If you have 180 days or more of unlawful presence, you are barred from returning here. There may be other bars to returning as well, depending on your situation (for other immigration violations or criminal activity). Take care, Jason
Thank you for the explanation, Jason! That makes sense now. I filed for asylum within 180 days so I don’t have an unlawful presence.
Hello Jason.
I just married a girl who is an afghan refugee. I have my own asylum case, which is in the backlog. She got her asylum approved in January. She is applying for a green card after one year as per law.
– Can I also file for a green card with her after one year, based on the fact that we are married now, and we both send our forms together?
– Or does she need to have a green card approved (and in hand), then I can apply for a green card?
Thank you for all the help you do.
Regards,
Mahmood
Unless you were married before her asylum case was granted, you cannot benefit from her case. It sounds like you were not, and so you cannot apply for a GC based on her. Once she has a GC, she can file for you to get your own GC, but this works the same as any other GC person filing for a spouse and would likely require you to leave the US to get your own GC. I wrote about this issue on August 28, 2018 and September 6, 2018 (those posts are in the context of Immigration Court cases, but for the question of whether you need to leave the US, the info is the same). If you were married before she was granted asylum, and if you did not receive asylum with her, she can file an I-730 so you can get derivative asylum status. Take care, Jason
If we are not married, and her asylum case is not approved yet, what should we do? Because her case is not actually approved yet, and she is waiting for a decision. Can she add my name to her case now? will that be good?
Thank you
Mahmood
OK, well if she is not approved and you are not married, you cannot join her case. If you are married, you can try to join her case, but if the case is decided before you join, you cannot join. If she has already been interviewed, it may not be a great idea to join with her, as that may cause delay for her decision, but that is up to you. Take care, Jason
If we are married, and I join her case before the decision comes out, what complications are we looking at? What type of problems will she have and what type of problems will I have? What time duration are we looking at?
Thanks Mahmood
I recently had to miss my Biometrics Collection Appointment, which was originally scheduled for February 8th, 2023. Unfortunately, I had only received my receipt number on February 10th, 2023, and there was no way for me to attend the appointment on the scheduled date.
Any suggestions on what to do next?
I would contact the local asylum office and tell them what happened, and ask if they can schedule another appointment. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason my sister got approved last year March 20,2022 .what is the best Time for her to apply for her green card ?she want to file waivers fees for that because she has money problem and what is the best solution to apply ?
Under the new rules (that I wrote about last week), she can apply for the GC now, assuming she has not spent too much time outside the US and meets all other requirements to apply. In terms of the fee waiver, it is form I-912, available at http://www.uscis.gov. She can check the instructions to see if she qualifies. If she happens to be from Afghanistan, it may be possible for her to avoid the fee on that basis alone, but I think it depends on the manner of her entry. Take care, Jason
Hi Jason
What are the options for someone who is undocumented. but entered legally overstayed her visa. Is there a way she can apply for asylum after staying over 5 years?
Thank you
She can, but she would have to overcome the one-year filing bar – I wrote about that on January 18, 2018. Also, she might want to think about whether she would be eligible for Cancellation of Removal if the asylum case is denied and sent to Immigration Court. To qualify for Cancellation, a person needs 10 years in the US (among other requirements, including having a US or GC spouse, parent or child who would suffer extreme hardship if the person is deported). Since she has already missed the one-year filing requirement, she might want to consider waiting a few more years, so that if the case is denied, she would have Cancellation as an option in court. This is definitely something worth talking about with a lawyer, since she may meet an exception to the one-year bar and she may be better off filing now. Talk to a lawyer about the specifics of the case to see how best to proceed. Take care, Jason
Hi Jason,
I have an asylum-based green card, and I believe it’s almost time for me to file for citizenship. The issued date on my GC is 6/10/2018. My questions are as follows:
1. When can I file for my citizenship?
2. Am I able to file it online?
3. What documents would I need to submit while filling out the form?
4. What is the fee amount for filing and how can I pay the fee amount? Do I have to send a cashier’s check or can I pay it online?
I appreciate your help in this matter.
Thanks!
1 – Assuming you meet all other requirements, you can file 90 days before your 5-year anniversary, so after about March 10, 2023. 2 – The N-400 allows that, so you should be able to do it (check the N-400 website at http://www.uscis.gov to make sure there are no exceptions to this general rule). 3 – Copy of GC (front and back), copy of passport (bio/photo page, US visa), copy of birth certificate, if you were ever divorced you need a copy of the divorce document, 2 photos, fee. We usually submit the asylum approval, whether from the court or asylum office. Also, if there are criminal arrests, you need evidence about those. You have to check the instructions, as sometimes other documents are need as well. 4 – Normally, it is $725, but depending on your age (75+) or military service, it could be different. If you file the form online, you can pay online. Take care, Jason
Hello Json
I am on a pending Asylum for over 5 years no Interview still.In 2021 & 2022 I received Medicaid and cash Assistance from the state of NY & NJ .Will that affect me in the future just concerned about that ?
Thank you !
That type of benefit has no effect on an asylum case – and if you win asylum, aslees are not subject to the public charge rules, so there would be no effect on a GC application either. Take care, Jason
Hi Jason,
God bless you!
Please tell about green card in 45 days with premium fee
Of $ 2200. Is it true? Or how can we do that?
Regards
I have not heard of any such thing for asylees. Maybe some other categories of GC allow this (maybe based on EB-1 or EB-2), but I do not know about that. Take care, Jason
Ok. Thank you so much.
God bless you
Hi Jason,
What is your approach to latest USCIS announcement about the clarification of physical presence guidance for asylees and refugees applying for adjustment of status? Should the asylees apply for green card in like 6 months post approval?
I plan to post about that tomorrow so check back, but basically, I think asylees can file earlier for the GC. It is just not clear how much earlier. Take care, Jason
Hi Jason,
When you write your post explaining the new USCIS policy about physical presence of asylee, please address how the asylee who applying for naturalization may benefit from the USCIS update. Thank you
“Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual to clarify that both asylees and refugees must have been physically present in the United States for one year when we adjudicate their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications pending on Feb. 2, 2023, and those filed on or after that date.”
As I read this, there is no effect on naturalization. When an asylee gets the GC, it is supposed to be back-dated one year, and so you can apply 4 years and 9 months from the date listed on the GC (assuming you meet all other requirements). The new memo’s reference to naturalization is related to whether the GC was valid in the first place (if the GC was issued before the person had one full year in the US, this may be an issue, though presumably, that is a rare occurrence). Take care, Jason
Hello Jason, Do you have any thoughts on TPS Ethiopia? If so, I was wondering if I’m eligible to apply for TPS because I arrived in the US a after the TPS deadline.
I do not do a lot of TPS and you have to check the USCIS website to be sure, but my understanding is that if you were not here prior to the deadline listed on the website, you are not eligible. Take care, Jason
Hi Jason I had my MCH on march 2021 and until now I am waiting for individual hearing.almost 2 years now and my attorney told me last December I will have my individual hearings scheduled the beginning of 2023 but nothing yet .
It’s takes longer than that ?
It is very unpredictable and varies by judge. You can file a motion to try to get a sooner date – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason my attorney doesn’t file a motion for my individual hearing.but it’s almost 3 years I got my MCH .I got it on 02/20/2020.I don’t know he doesn’t want to file a motion .is it normal ?
There can be many reasons for this – maybe he is too busy, or maybe he thinks such a motion won’t work, or maybe he thinks advancing the date is a bad idea. You should ask him to explain. Lawyers are counselors. It is our job to give advice and explain the situation and our reasoning, and it is the client’s job to make a decision. Once you understand the lawyer’s position, you are the one who gets to decide and if the lawyer cannot help implement your decision, you may want to look for a new lawyer. Take care, Jason
Hi Jason, you probably wrote about Mandamus for asylees waiting for greencards but I am having trouble locating the article on the blog. someone posted somewhere that they filed their I-485 on 11/2020 and after no action taken on the case he/she filed mandamus on 01/2023 and received rfe 2 weeks after. My i485 has been pending several months before that time he/she filed initially, however, according to the processing times on Uscis website my case is still within the time frame. When am I eligible to file a mandamus if I have been waiting for almost 3 years with no action on my case since the day it was received by Uscis?
I did not write about mandamus for a GC – we do have an article about mandamus for asylum (on October 2, 2018) and the principal is about the same. I think you should talk to a lawyer who does such cases (I do not), but I am doubtful that a mandamus would work while the case is still within the “normal” processing time. If it is outside the processing time, the next step would be to make inquiries (under Resources, see USCIS Help and USCIS Ombudsman Office). If those fail, then you can try a mandamus. In any event, I do not do such cases, and so maybe you want to talk to a lawyer who does and see whether you can start the process sooner. The wait time is really ridiculous, especially considering that you have already been interviewed for asylum. Take care, Jason
Hi Jason, my family came to this country a year ago on I-730. Now I’m applying for their permanent resident cards. There is question on page 4
Information About Your Immigrant Category
If you are the principal applicant, provide the following
information.
3. Receipt Number of Underlying Petition (if any)
Do I need to fill that and who will be principle applicant over there (I already have PRC)
Please help me with point 3-9 on page 4 for I-485
Thanks for your help
I have always interpreted that as the main person who is filling the I-485, and so I generally leave it blank. However, you can list the principal asylum applicant. I do not think it much matters, as long as you explain that they are dependents and you are the principal and that they got derivative status from you. Also, you should attach evidence of your status + documents proving the relationship (birth certificates for children; marriage certificate for spouse). Take care, Jason
Hello Jason,
Everyone is suffering with USCIS backlogs. Is it possible to have someone like you organize everyone with a template email to reach out to their congressman? If we have enough numbers I think it can make an impact. Asylees, us citizens, everyone is suffering from USCIS backlogs it’s all over the internet, reddit etc.
I once participated when I asked to email the congressman about an issue, it went to the congress led to a decision. If you can start something like that, we can share and participate, make our voice heard.
Thank you for everything you do!
I have been involved with a group called TASSC.org that has been lobbying Congress. I did a post on April 7, 2021 with more info and contact details for the organization. Take care, Jason
Hi Jason … its probably one of the most asked question but let me still ask if i did not fully get that
I understand that one must never travel to home country once asylum if applied here, however in my case our IDs and Passports are expired or nearly there
There are days when we need those IDs in valid unexpired status to perform some affairs i.e. if there is a property which needs to be disposed off in home country to get funds for living here and even though a power of attorney is designated back there but a valid ID would still require to perform that transaction
Similarly a valid passport may require to travel a 3rd country
I am not really sure if that should be pursued without harming asylum case ? What would you advise to that
Thanks
Traveling to the home country is by far the bigger problem. If you just get the passport, in almost all cases, that is fine. If you fear your home government, the Asylum Officer could ask why that government was willing to give you a passport, but as long as you can explain that, you should be ok (it is easy to explain why you need the passport, as you did above). I have had many clients renew the passports and it is rarely asked about, and as far as I remember, we always were able to explain and the clients never lost a case for this reason. Take care, Jason
Dear Jason….
I have applied for Asylum in USA.. Till now i have received Alien number only.
Before coming to USA i was working as free lancer with a Japanese company.
Can i still work for them online ? they will send me my commission from Japan..
I do not know a lot about immigration/employment law, but even if it were not legal, it would have no effect on your asylum case (working unlawfully does not block a person from asylum). I suspect that since the employer is overseas and you are paid by them, it is not illegal, but I do not know for sure – you would have to talk to a lawyer who does employment and immigration law to be sure. Take care, Jason
Dear Jason
I have received my Alien no after 6 month of Filing date.
Can i apply for Work permit now ? i have not been called for finger prints yet..
Or do i have to wait for Finger prints ?
Check the received date on the receipt and if 150 days have passed, you should be eligible to apply for a work permit. I do not know whether the fingerprint appointment is needed before you apply for the work permit – I do not think so, and very likely, you will get that before your work permit is processed. If USCIS needs a fingerprint appointment for you for the work permit, they can schedule that. Take care, Jason
Hi Jason,
I have TPS and advance parole, while I know TPS advance parole doesn’t require a reason, I entered the true reason I am accompanying close relative for medical treatment in country X.
Now, with the new TPS rule that allows you to adjust status after international travel I want to go to a destination Y other than I put in my initial application. Does that matter?
What should I say to CBP if I get asked on the way back if it’s ok to travel that way to another destination?
Thanks
I do not see why this would be an issue for CBP – you show your AP, and that should allow you to enter. If you are an asylum seeker who traveled to the home country, that could raise issues about asylum fraud, and I suppose CBP could ask you about that and send you to USCIS for further explanation, and so you should be prepared to explain a return trip, just in case (and I guess maybe you could be asked to explain using your home country passport if the home government wants to harm you, but the odds of that are pretty low). Take care, Jason
Hi Jason,
Thank you for everything you do. I had a question regarding my TPS application. My TPS country is Ethiopia which was recently added to the list. 1. Do you know how long the processing takes? The USCIS website is not updated yet and doesn’t show for Ethiopia. 2. I applied the TPS a month ago together with a work permit application and I really need the work permit before my current one expires in June. What are the ways i can get the processing expedited? Thank you.
1 – It seems that TPS cases in general are taking about a year from application to approval, but I do not know whether this will be the same for Ethiopian cases. I suspect so, but I do not know. 2 – I did a post about expediting on January 29, 2020 and maybe that will give you some ideas. Also, if you are eligible to renew the current EAD, that might be an option, since you would get the benefit of the automatic 540-day extension (assuming you are in a category that is eligible for the extension). Take care, Jason
Hello Jason,
I have TPS status and its advance parole, at the same time I am applying for i485 thru employment and will need to do emergency overseas travel, will my travel on TPS adv parole cause any issue to the pending i485? Issue like to be considered abandoned or case deny based on that travel?
Researching that but found no answer.
Thank you
I do not do EM cases, and so I do not know about that, but the purpose of AP is to allow a person to travel while an application is pending, and I have never heard about such travel causing problems, as long as you do not miss any USCIS appointments. That said, I am not sure about this situation and so you may want to consult a lawyer who does such cases to be certain. Take care, Jason
Hi Jason, my question is, does baby born here can help granting in asylum? And if a baby born here, but an applicant denied of granting asylum what happens to baby that born here?
It depends on the case, but mostly, it does not help (though maybe if having a US citizen child puts the parents in danger, it could help). It can help with a Cancellation of Removal case if the parent is in Immigration Court and the parent has been in the US for 10+ years and meet the other requirements. If the parents are deported, they would normally take the US citizen child with them, but the child does not have to go. They would have to find someone to keep the child, which means splitting up the family, but the child has the right to stay here. Take care, Jason
Hi Jason my aunt came in USA 2015 and they scheduled her interview on 01/26/2023 means tomorrow at Boston uscis .but she has big issues .when she took a bus ,somebody stole her bag in which she has everything,her DRIVER LICENSE,social security card,her working permit ,passport of her country,her asylum paper ,form i-589 copy ,and her appointment letter .but she found those one on her phone because she scanned them for evidence.the Boston police came and help her and tools her to her hotel she rent and the police filed a claim fo her and gave her a copy to show the asylum officer so that she lost her documents and everything.can she do the interview tomorrow as she lost everything but has them on her phone ?the pers took everything and she was crying since the morning
Also, if she is very upset, it is not a good idea to do the interview in that condition, and she should think about postponing. Usually, a postponement is only for a few weeks. Take care, Jason
Hi Jason my aunt came in USA 2015 and they scheduled her interview on 01/26/2023 means tomorrow at Boston uscis .but she has big issues .when she took a bus ,somebody stole her bag in which she has everything,her DRIVER LICENSE,social security,working permit ,passport of her country,her asylum paper ,form i-589 copy ,and her appointment letter .but she found those one on her phone because she scanned them for evidence.the Boston police came and help her and tools her to her hotel she rent and the police filed a claim fo her and gave her a copy to show the asylum officer so that she lost her documents and everything.can she do the interview tomorrow as she lost everything but has them on her phone ?the pers took everything and she was crying since the morning
She can do the interview, but it sounds like she will be at a disadvantage. It would be better for her to print everything she needs from the saved copies and bring those. Also, if she is not ready for the interview due to this incident (or for any other reason), she can go there, show the police report, and ask if they can reschedule, so she has time to recover as many documents as she can and print what is needed. I guess that is up to her. Take care, Jason
Hi Jason she did the interview and the officer told her to come to the asylum office on February 9 to pick up the decision.the officer gave her a paper to sign to keep it and bring that paper for pick up the decision.she print everything before going to the interview.I hope she will get a good decision on her case
Hopefully she gets a good result. Also, be aware that these pick-ups often get canceled, so it is best to remain patient until she actually gets there and they give her the decision. Good luck, Jason
Good evening Mr. Jason,
Thank you always for your help. Please I got a question. As an Asylum pending can I be the second supporter for my sister? My Brother who is a green card holder is doing the application for her under the Parole program but he doesn’t have Assets and not enough money in the Bank account balance. I was wondering if I can use my investment account and my Bank Account to complete what he has. Thank you
I think it depends on the type of support you mean. I believe you cannot file an I-864 for someone. I am not certain, but I think only a citizen or green card person can do that. If you are talking about a program like United For Ukraine, I think you can probably participate in that. If the instructions for the application are not clear, talk to a lawyer to see for sure. Take care, Jason
Good morning,
Thank you for replying. It’s the parole program they just openned for Haiti, Venezuela, Cuba and Haiti. The same program for United for Ukraine. The form is I-134 A. I cannot file for someone for sure but I would like to know if I can give support to a brother filing for my sister. Thank you
I do not know about that, sorry, and I do not know how that would work, as I do not think that form allows you to combine income. For he UFU program, you do not need to be a resident or citizen, so maybe it is the same rule for the other programs. I have not looked into that though and am not sure, sorry. Take care, Jason
Hi Jason, I hope you are doing good. Do you know the person needs to wait for his fingerprinting appointment to come and complete before he/she applied for his/her first EAD apply after getting his asylum acknowledgement notice? Or he/she can apply for his/her initial work permit with his/her asylum acknowledgment. Someone in my contact is in the situation. He got his asylum acknowledgement after 200 days and wants to apply for his EAD without waiting for his fingerprinting appointment but I think he can’t. What you think? Thanks
I do not know since we have not encountered that, but the regulations only require that the person wait 150 days after filing for asylum. In the old days, when a person filed the I-765, USCIS would send a separate biometric notice to the person, and maybe they would do that if the fingerprints were not yet taken for the asylum case. In truth, I do not know, and I guess there is some risk of denial, but I do not know what the basis for denying would be, since the person has already waited 200 days. One new option might be to try to file the I-765 online. This has just become available in the last few days, and maybe USCIS would simply not accept the form online if there is a problem. Maybe take a look at that and see if it is a good idea. Take care, Jason
I have a question, if you have a pending asylum case are you allowed to visit places like Hawaii, Puerto rico?
Yes and yes, but you have to be careful not to stop in any third country. Also, places like the US Virgin Islands are a no go, since you need a passport to return to the mainland. Take care, Jason
So that means if you still have your passport from your country in that case you can travel to us Virgin Island? Or you mean you can be denied entry back?
If you go there, you would likely be denied re-entry to the mainland of the USA. In other words, do not go to the Virgin Islands unless you have permission to re-enter the US, such as Advance Parole. Take care, Jason
Hi Jason,
I was granted asylum in 2018, applied for GC in august 2109 in Texas service center. So far the update I got is that my case had been transferred to NBC. And in October 2022, that my finger prints were applied to my case(for the second time). Is this type of timeline/process common with you clients? And if I get the green card, I read on different forums that they might backtrack your Green card to few years back if you’ve been waiting for long time. Have you heard of this?
Thank you
Hi Jason,
I was granted asylum in 2018, applied for GC in august 2109 in Texas service center. So far the update I got is that my case had been transferred to NBC. And in October 2022, that my finger prints were applied to my case(for the second time). Is this type of timeline/process common with you clients? And if I get the green card, I read on different forums that they might backtrack your Green card to few years back if you’ve been waiting for long time. Have you heard of this?
Thank you
We are seeing many cases take 2 or 2.5 years, but your delay is very long. I would inquire with USCIS Help (a link is under Resources). If that does not help, try the USCIS Ombudsman (there is also a link under Resources). At some point, you might look into a mandamus lawsuit, but you should try those other inquiries first. Hopefully, those will work. Take care, Jason
Hello Jason,
I am trying to expedite the EAD petition for my brother. He is a refugee. He cannot work but is in urgent need of money because his daughter needs surgery in his country and he needs to earn money in order to send it to her. He is desperate and I don’t know how to help him. Can you please suggest me a right way to expedite his EAD? What proves do I need to expedite it? Thanks in advance.
If he is in the US and is a refugee, he is eligible to work without an EAD (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees). In terms of the EAD, you can try to expedite – I wrote about that process in general on January 29, 2020 and maybe that will help. Take care, Jason
Hi Jason,
A month ago, I got my asylum case granted so I called uscis for appointment to go to my local office to process my I-94 form. So after four weeks, this is an email uscis sent to me today. So, does this mean that they are going to send it via mail without the need for me to go to the local office? Thanks
The status of this service request is:
You have been granted asylum by an Immigration Judge in the United States pursuant to section 208 of the Immigration and Nationality Act (INA). Enclosed with this letter you will find a completed Form I-94, Arrival/Departure Record, that is evidence of your grant of asylum and your authorization to be employed.
I heard that they were going to change this process (thankfully, because it was so dumb), and it seems like they emailed you the form I-94. If you received that, then I guess that is the end of the process. I do not know if they will be sending you a new work permit based on asylum granted, but if not, you can apply for that using form I-765, available at http://www.uscis.gov. The first EAD is free and the category is a-5. Take care, Jason
Hi Jason,
I hope you are doing great and thank you for all the help.
I have an asylum case since 2017. I had my interview in USCIS office on 2019 and our case referred to court for master hearing in November 2021 but got cancelled due to pandemic. Last year, we request for the date and they gave a new master hearing date of February 15 2023. Yesterday, I came to know that the judge cancelled it again and gave us another date which is July 2023.
We are really fed up with what is really going on. Is there any way we change our judge because I am assuming that July is school holiday and she might cancel it again as maybe she will go for vacation with her kids. Lol.
she cancelled this due to post valentine day, I guess and this is highly irresponsible behavior on her part.
Can you please suggest what should we do? Thanks a lot
The court system is a total disaster, so this is not a surprise. You can try to get a sooner date – I wrote about that on April 20, 2017, and it can sometimes work. Take care, Jason
Hi Jason,
Thank you for everything you do.
I had a question regarding a pending TPS application. Do you know what the processing time is for ethiopians? The USCIS website doesn’t have a column for Ethiopia (it was recently added to the list of eligible countries).
Do you know any way I can expedite the processing? I really need it before June. I applied a month ago.
Thank you.
1 – It seems that TPS cases in general are taking about a year from application to approval, but I do not know whether this will be the same for Ethiopian cases. I suspect so, but I do not know. 2 – I did a post about expediting on January 29, 2020 and maybe that will give you some ideas. Also, if you are eligible to renew the current EAD, that might be an option, since you would get the benefit of the automatic 540-day extension (assuming you are in a category that is eligible for the extension). Take care, Jason
Hi Jason, I am an asylee and I had my adjustment of status interview back in December. The interview went well. The officer said he was waiting for some background information but I still did not receive a decision. How long do I expect to wait to receive a decision. Have you ever had an issue adjusting status for any asylee you worked with?
There are sometimes long delays after the adjustment interview, but those are not very common. Most cases get decided in a month or two after the interview, so hopefully, you will have news soon (also, typically, the holiday season makes things slower, so that may be a reason for the delay). Take care, Jason