Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Hi jason, Thank you for all that you’re doing! I just applied for asylum online and got my receipt, when will i get biometrics appointment? Also, how could I transfer my foreign driving license with only a receipt notice in Maryland? Thank you
You should get the biometric notice online and by mail. This may take a month or two. In terms of the DL, I think you need the work permit to get that, but there should also be a way for you to legally drive if you are in lawful status (B visa status for instance). You should check the MD DMV website for that. Take care, Jason
Hey Jason. Thanks for all you do and for keeping us informed. I have a question, so I moved from the state I filled my asylum case like 2 years ago with my case still pending but I didn’t want to change my address since I want to keep my case with the state I filled in first as I have family there. So you think If I am called in for an interview I would get in to trouble for not updating my address. Considering I have even been filling my taxes with the state I am currently? I appreciate your response
I think if you have a job or school in one state and you claim to live in another, it can be a problem for the asylum case. They will want to know why you have this arrangement, and they could cancel the interview and send your case to the state where you actually live. Also, it could affect your credibility (if you are not telling the truth about your address, what else are you not telling the truth about?). Maybe I did not exactly understand your tax situation, but if you file taxes where you live (as opposed to where your family lives) and if you have a state ID from where you live, I think you should use that address with the asylum office. If you keep your taxes, driver’s license, etc., with your family, so that is your “permanent” address, then you can probably keep your address as it is. Take care, Jason
Hi Jason,
I appreciate all you do and thank you for your time. I applied for asylum Sep 2016 and I did my interview August 2022. Till now I did several inquiries about my case’s result and I didn’t find any specific answer. Also I applied two weeks ago online for my work permit that will expire on May 30th. I got the approved message the day after I applied in the website. I received the I797 form (approval notice) and I797C form(receipt notice ) by mail 3 days later and I got my physical work permit after 10 days in my mail box. I was really shocked with this kind of short response from USCIS. I am wondering does this fast response mean anything positive to our case?
Once in a while, it seems that work permits are moving fast, but I do not think that has anything to do with the asylum case. I did a blog post with ideas about how to try to get a decision – that was on June 2, 2021. Take care, Jason
I just checked your post on June2, 2021, unfortunately I could not find it.
The June 2, 2021 post discusses ideas for getting a faster decision in the asylum case, not the EAD case (the article I was referring to is here: https://www.asylumist.com/2021/06/02/dealing-with-delayed-decisions/). Take care, Jason
Hi Jason, as always I appreciate your time.
I passed my asylum interview, and I want to move to a new place, but I’m sure it’s under the same jurisdiction area as my current asylum office. Is there any chance that this move will delay my pending case?
It should have no effect if it is the same office. You can check which office has jurisdiction over your new address by following the link under Resources called Asylum Office Locator and entering your zip code. Take care, Jason
hi jason,
i got my green card through asylum and later married to us citizen.my question is can i apply for citizenship after three years of marriage or i have to wait for my five years because of asylee green card
You can only do the 3-year thing if you get the GC based on marriage. Otherwise, you have to wait 5 years from the date on the GC, assuming you meet all other requirements (also, you can mail the N-400 up to 90 days before the 5-year anniversary). Take care, Jason
Hi Jason,
I am a derivative asylee, my wife was a principal applicant and we are from different countries.
I am planning to go back to my country to visit my relatives.
There is a high chance that my citizenship has been revoked (due to some rules of that country if one does not register himself at an embassy they revoke their citizenship).
If I will not be able to get a passport of my country, what are my options, will I be able to return back to the US? Can I get some sort of a return document from US embassy?
Thanks.
Forgot to mentioned that I have a Green Card
You can re-enter the US with your GC, but you also probably need a passport to get on the airplane back here. As an asylee (even a derivative), you can get a Refugee Travel Document using form I-131, available at http://www.uscis.gov, which acts like a passport and will allow you to return to the US. It can take a year or longer to get the RTD, though you can ask to expedite (I wrote about expediting in general on January 29, 2020). Not all countries accept the RTD, and I do not know how it will be to use it to enter your home country – maybe you can get a travel document from your embassy that will allow you to return. Take care, Jason
I have a case that is pending for 7 years with no interview yet. I am considering other options:
While I have a strong case (at least in my opinion), I am unsure about the outcome. Is it possible to have my spouse who is already on my application, file her own application and include me on the case? That way we could end up having an earlier interview and also have another shot in case one of the cases gets denied.
I am working on H1B (non-immigrant) and EB2 (immigrant) petitions simultaneously, so in the case one of them is approved by the USCIS I will have to leave the country to get the visa from US embassy maybe Canada. Do you know whether consulates would deny issuing such visa despite petition being approved by USCIS? or if later the visa was issued, can you be denied entry because of the asylum application?
A lot of uncertainty here, especially that I have children.
You probably could have your spouse file her own application. Whether that is a good idea, I do no know, and it is not likely to result in a faster interview for her, since the application must be filed at the Asylum Vetting Center (a different location than an application filed by a person who is not already a dependent on a case). I wrote a bit about this on February 10, 2022. As for the business visa, you have to be careful about that. First, you should try to find out whether you are eligible to get the GC in the US based on a law called INA 245(k). You would need to ask your lawyer about that option. I wrote something about that on August 28, 2018. Otherwise, you can go overseas to try to get the GC – I wrote about that on September 6, 2018. None of these options are easy, and so you need to talk to a lawyer and determine what is possible, and how to minimize the risks. Take care, Jason
Hi Jason ,how are you doing ?my sister has her asylum case referred to court 4 years ago and no MCH or noth Ning yet .she get married with us citizen now but doesn’t file for working permit or green card yet.she want to know if her mariage could affect her asylum case in court ?if she get her working permit first she need to call the court to cancel her asylum application ?
Assuming she is eligible, she can apply for the GC through her spouse and either dismiss the court case and get the GC from USCIS or get the GC from the court (if they ever schedule her case). Most people will try to dismiss the case and get the GC from USCIS. However, it depends on the case and she would be well advised to talk to a lawyer to make sure she is eligible and see how best to proceed in her case. I wrote more about this issue on August 6, 2018, and that article might help, but she should probably talk to a lawyer about the specifics of her case to be sure what to do. Take care, Jason
Hello Jason.
I just got my conditional card through marriage. My 20 year old son is on his mother’s (my ex wife’s)asylum case. Now I want to petition for him. I just want to understand can I adjust his status while his asylum case is still pending. He is in the USA now. Thanks in advance.
Assuming he is eligible to adjust status in the US, he can do that based on our petition – the asylum case would have no effect. Take care, Jason
Revised statement: My asylum application has been approved, and I now wish to visit my family in a third country using a travel document. Although I applied for the travel document in January 2023, the processing time is currently estimated to be 17 months. However, due to an urgent humanitarian situation, I am in need of expedited processing. Can you advise me on how to apply for expediate?
@Dess
From my experience: Feb. 2023.
I call USCIS and ask to expedite my application for RTD
(humanitarian reasons) and I told I have a medical report for a family member(brother) and his condition is serious
After 5 days,Rtd status: Expedite Approved
After 3 days RTD status: Case Approved
After 2 days RTD status: RTD produced
And after 3 days RTD in my hand
You have to call USCIS (800-375-5283), try to reach a person, and see if they can expedite the application. It is not easy to do, but reaching a person is the first step. You should also have some evidence about the need to expedite (such as a doctor’s letter) in case USCIS requests that. I wrote more about expediting with USCIS on January 29, 2020 and maybe that would help. Take care, Jason
Hi Jason,
My mother had applied for asylum three years back and still waiting for the interview. Last month, she applied for the expedite and got denied. I have secured my US citizen recently and wants to apply a green card for her. My question is :
1. Can I still apply for a green card for her as she still pending asylum status?
2. What will be the fate of her Children under 21 back home, who have been listed in I-589.
Thank you very much for your kind support!!!!
1 – Yes, if you are 21+ years old and as long as she entered the US with a visa and does not have criminal or immigration violations. I wrote about this more on August 6, 2018. 2 – If she gets a GC from you, her children will not benefit. Once she has the GC, she can file for them, but depending on their age at the time, it could be a long wait (you can Google “DOS visa bulletin” to get an idea about the wait times. Take care, Jason
Hello Jason,
First of all, thanks for your dedicated help. I have a pending asylum application and a company sponsored Green card process. By now, we are going to file I-140 and I-485. Can I do the status change being in the US or it has to be processed via consulate? If by consulate, I can not go back to my country and process it by consulate. Which consulate I am going to use?
Thanks
If you still have some legal status in the US, you can probably get the GC here. If not, maybe you can still get the GC here based on INA 245(k). I wrote a bit about on August 28, 2018, but you need to talk to a lawyer about the specifics of your case to see what is possible. I also wrote about leaving the US to get a GC on September 6, 2018. Maybe that would give you an idea, but again, you need to talk to a lawyer about your case to know what is best. Take care, Jason
Hello Jason.
I just got my conditional card through marriage. My 20 year old son is on his mother’s (my ex wife’s)asylum case. Now I want to petition for him. I just want to understand can I adjust his status while his asylum case is still pending. He is in the USA now. Thanks in advance.
Hi Jason, thank you for taking time out to answer all our questions.
My daughter put in for EAD renewal I-589 since Dec of 2021, then we had our case in court. Dec of 2022, the judge denied us Asylum but granted my daughter Withholding of Removal . March 2022, we received a response from USCIS that the the application is denied. I understand we have to complete another form (A10)to be able to to renew her EAD. Have searched for the Form on the USCIS website and have not come across this. Can you please advise on how to go about this.
Secondly, can someone on removal order with a notice of appeal sent in renew EAD upon expiration? Will appreciate your response.
Thank you.
If you appealed and the appeal is pending, you and she should have been able to renew the EAD based on c-8, since the asylum application is still pending before the BIA. If you did not appeal and she has a final order of WOR, she should just be able to apply for an EAD with a copy of the judge’s order, which should have her name on it, and the other documents required to get a new EAD. Check the instructions for form I-765, available at http://www.uscis.gov. This is the same form, but it is a different category, a-10, as you note. Take care, Jason
Jason, thank you for your timely response and your dedication to helping others. God bless you.
Hi Jason,
So I applied for asylum in 2014 and was interviewed the same year, with no decision so far. In January 2022, I got an email that my asylum application has been received and that a receipt notice will be mailed to me but I never got anything in the mail and in reality, I had gotten the receipt notice already in 2014. Yesterday, I got another email stating that the next step in my application is an interview. Do you think this is a mistake or I’m going to have a second interview because it doesn’t make any sense to me and seems like duplicate or confused communication.
Thank you!
It is really ridiculous. I do not know if this is a mistake, but you should email the asylum office to inquire. You can find their email if you follow the link under Resources called Asylum Office Locator. I also did a blog post on June 2, 2021 with ideas about how to deal with delayed decisions. Take care, Jason
Hi Mr. jason I filed my I485 application and I did a typo on the cover page that I included on the top of the document I just wrote my zip code 0777 instead of 07774 I just missed 4 is that matters? I had it right on the application itself. Thabks
My guess is that it will be fine. It may take a month or two to get the receipt, and I expect you will get that. If so, make sure to check that they got your address correct, but if this is only a problem on the cover page, I doubt there will be an issue. Take care, Jason
Hi jason,
I just applied for asylum this week by submitting an I-589 form. I was wondering if I could air travel inside the US starting now. If so, what else do I need besides my passport? Is it a risk?
You should be able to travel with the passport, but if you have no other valid status in the US (such as a B visa), I think it is a good idea to wait until you have the asylum receipt, so you can show that as well. I think if you have that and do not leave the US, there should be no risk. Take care, Jason
Hi Jason,
I’m a pending asylum seeker (c-08, Syrian) waiting for an initial interview, having been in limbo for 7+ years going on 8 this coming June. I’ve just been summoned for jury duty, and I know that as a non-US citizen I’m ineligible to serve, but I would like to know as part of the questionnaire if I’m considered a resident of my state/county at this point (and if that would alter my eligibility in any way? I really do want to serve to be completely honest, if legally permissible of course). I know I am considered a resident for tax purposes, with the Substantial Presence Test, but for jury duty purposes and in general – would I, having been living/waiting in my state and county with a valid driver’s license and work permit for ~8 years, be considered a “resident” alien?
I really do not know. I would inform the court of your status and see what they say. You might also do this in writing. My only real concern is if USCIS thinks you claimed to be a US citizen (because of being contacted for jury duty), it is a serious problem for almost all immigration applications. And so if you inform them in writing that you are not a citizen, and if you keep evidence of that, you will have it if USCIS ever questions you about this. Take care, Jason
Hi Jason.
Thank you for your time. I really appreciate your efforts. I have completed my interview last year on 15th feb Till to date, my status is
“Decision pending”
I wonder how long it will take to issue a decision. Any timeframe or approximately waiting time period?
Thank you
There is no time frame and many cases are moving very slowly. I did a post about ways to inquire with the asylum office – on June 2, 2021. Maybe that would help. Take care, Jason
Hi Jason, I am Gayane. I would really appreciate it if you could help me with my question.
My husband has a pending asylum case, he already received his EAD and SSN. I am also included in the case as a spouse, and I was promised by our lawyer to get EAD and SSN with my husband, but our lawyer told us that smth has changed recently and the court is not counting me with the same clock. She advised us to send a letter to the judge and request to connect the clocks. Actually I am not sure I know how to do it and If I really can or can not get EAD and SSN within the same case? Thank you so much in advance.
If you are a dependent on your husband’s case, there should only be one clock (your husband’s) and so you should be eligible for an EAD if your husband has an EAD. Maybe you have your own asylum case and your own clock? Otherwise, if you are dependent on his case, I do not understand why you could not get an EAD based on his clock. Hopefully, your lawyer can more fully explain. I guess you can call the court to try to ask about your clock. When you call, ask for the judge’s clerk. To be honest, I doubt you will reach a person or that they will be able to help you, but you can try. You can also go in person to ask at the court reception window. To find the phone number and address, follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason, thank you so much. Yes, we only have one case and I am a dependent on it. I will try contacting them and see what happens. Thank you.
Hi Jason, I’m waiting for my asylum decision, how likely is my wife can get a visitor visa to come to the US to visit me? Is it a normal process?
ps: She is also included in the application.
It typically makes it more difficult to get a visa (especially a B visa) when the spouse has a pending asylum case. She will need to convince the consular office that she will return at the end of her visit, which is hard to do if you husband has a pending asylum case in the US. She would have to show attachments to the home country – other close family members, job, property, etc. I suspect it will not be easy, but she can try. Take care, Jason
Thanks for the response, another question that I have.
Is this going to create any sort of difficulty or complication in my asylum case?
I passed my interview, so only waiting for my decision.
I do not see how your wife getting or not getting a visa would have any effect on your asylum case. Take care, Jason
Hi Jason,
I have a middle name but it doesn’t appear on i94 form. In i485, there is a question (Page 3, Part1, Question 28) “Provide your name exactly as it appears on your Form i94 (if any)” Should I fill blank middle name section in this section?
Thank you!
You should write your name as it appears on the I-94. You can write your full name in the parts of the form where that is required. Take care, Jason
Greeting Mr. Jason,
Thank you very much for usual support and i have the following question. Is it possible for asylum derivative son to fill for his partner and offspring after he adjusted his Green Card?
Regards,
The asylee
Once a person has a GC, he can file an I-130 for a spouse, as long as the couple is legally married. He can also file for children (and stepchildren, as long as the couple was married before the step child was 18). Whether the beneficiaries can get their GC in the US or have to do that outside the US depends on the situation. Take care, Jason
Hi Jason,
First of all thanks for all your help. I’ve got my asylum application granted couple months ago. I just have a question regarding. I was planning to get married with my gf in couple months but she is not in the US yet. I also read the latest news that saying I can apply for a green card from now as long as I’ve stayed in the United States more then a year. So my question is: Is applying for a green card together would be a better idea or if I start the process from now and after getting married do I can just add her with my case?
I tried to google it but couldnt find the proper answer.
You can only petition for her if you have a GC and are legally married (if you were not married at the time asylum was granted, you cannot file to bring her here). So until you have a GC, you cannot petition for her. Maybe she can come here some other way and apply for a GC on her own? In terms of your GC, it is now possible to file before you have one year in the US – you only need to show one year in the US at the time the USCIS makes a decision in the case. I wrote about this on February 8, 2023. Take care, Jason
Hi Jasin,
Thanks for your reply. I just wanted to clarify so if she comes to the United States with different visa and if we get married is that means I can not add her to my case together while applying for a green card?
An asylee (a person granted) cannot add a spouse to the case. This must be done before you receive asylum. Once she is here, she cannot apply for a GC with you – you can apply for a GC based on approved asylum, and once you have a GC, you can petition for her. Whether she can get her own GC in the US depends on different factors (mostly whether she is still legally in the US based on her visa, but other factors as well), and so you should talk to a lawyer to determine how you will do that – and it is a good idea to have this conversation sooner rather than later, so you can make a plan for getting her a GC. Take care, Jason
Hello Jason,
I have a situation which I need your advice. My father applied for asylum back in 2000 and then the conditions of our country changed and we went back. We were granted voluntarily departure but not a deport. We left the country within that timeframe. Me and my sister were minors and my mother was also a beneficiary. In 2020 I moved to USA and now I am a permanent resident. My sister who was also in the case was given a 10 year tourist visa. It has been already 3 times she visits USA and goes back. Two days ago my mother was denied a tourist visa. Now I want to write a letter to the console in our country explaining the situation. Can you please advise me what paperwork can I add to show that the 10 year inadmissibility which has past and also there was a website which showed our past status with the A number. Can you please give me any advise I can show in order to try once more.
Thanks in advance.
I do not do such cases, and so I do not have much advice to give, but I doubt that the 10-year bar is the problem. She would need evidence of her attachment to the home country (property, job, other family members, etc.). Maybe you want to talk to a lawyer who does non-immigrant visas to see what other advice they can offer. Take care, Jason
Dear Jason,
Can I apply for humanitarian parole for my husband if my asylum case is still pending for an interview. I have a medical emergency and I need him to be here. Am I allowed to be his sponsor and apply for humanitarian parole while my asylum case is still pending?
Thanks in advance.
I think it depends on the type of humanitarian parole. For example, if he is from Ukraine, I think anyone in the US can be a sponsor, but I am not sure about this, or about people from other countries, as I don’t do much with those types of cases. The USCIS website has info about the different programs and maybe you can learn more there. The problem is that I am not sure these programs are working well now. If you are talking about general humanitarian parole, using form I-131, I do not know that he needs a sponsor for that – you have to check the form instructions at http://www.uscis.gov. If you cannot do it, you would have to find a US citizen or a person with a GC to be the sponsor (and I believe complete form I-134). For this type of HP case, the person should generally try first to get a B visa, and if that fails, to then try parole. Take care, Jason
Hi Jason!
So I was interviewed in Arlington VA but currently live in IL and was just told by Chicago office that they cannot render a decision because they were not the interviewing office and the office which interviewed me (Arlington) has still jurisdiction over my case and they will have to issue a decision. Do you think it’s a normal practice? How to confirm this information?
Regards
I think it is normal. If there is a second interview in the case (which is not very common), that would likely be in Chicago. You can email Arlington and inquire about the case – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you, Jason!
Hi Jason,
Do you have any idea on the current processing time for I730?
You can check that at http://www.uscis.gov, but we are seeing such cases take over one year + more months for the consular part (if the beneficiary is outside the US). Take care, Jason
Hi Jason,
I had a question
Does the Governmental medical insurance like MediCal considered as public benefits and do we have to mention that while filling up the N400 form ?
Take care,
Troy
I am not sure – I think it really depends on the question, but if cannot figure it out, just answer the question as best you can, circle it, write “see cover letter,” and in the cover letter, provide an explanation about the benefit that you received (and by the way, there is no “public charge” requirement to get citizenship; that is for the Green Card). Take care, Jason
Thank you Jason for everything you doing for us, i am following you since 2015. I need suggestion related 485 application, my time line, came to US on visa,2013 Applied for Asylum 2014, interviewed 2017, NJ, decision 2019, referral to court, got Married in 2021, to Green Card Holder (same County & culture)applied i130 (A2A) in march 2022, now my wife is Citizen,updated application to US Citizens Spouse, I-130 still pending, last week Baby Boy Born, BonafiIndividual Hearing in Court was April, 2022, Judge Approved my Case, now 1 year being Asylum granted is completed, i did my Medical exam and Vaccine yesterday. now my question is Can i apply for adjustment on Asylum Based or Wait for 130 approval, then apply on Married base, i am so confused, Because i read that Adjustment takings 2 to 3 years nowaday.thank you again and good luck to all of you, 10 long years.
Adjustment can be slow whichever way you do it, and I am not sure which will be faster. My guess is that the marriage case will be faster, but that is mostly a guess, especially now that you can apply earlier for your GC based on asylum – see my post from February 8, 2023). One advantage of the marriage case is that you will likely get to citizenship faster (since a person who gets a GC is eligible to apply for citizenship in 3 years, as opposed to the normal 5, or 4 if you get the GC based on asylum). So to me, it does not make a lot of difference, though probably the marriage case will probably allow you to become a US citizen more quickly. Take care, Jason
Hi Jason, I would like to ask a question. Do you have asylee clients who applied to renew the passport of their home country by going to the embassy or the consulate of their home country in Washington or New York. If that is the case, does that have a negative impact on naturalization later or can it be problematic in any way. I know you wrote a full article about using the passport of the home country. However, the scenario here if the the asylee goes to their embassy or consulate to renew the passport and if that makes any difference.
I have had clients renew passports many times and no one has had any problems. They may have been asked about it, but it has not resulted in any application being denied. That said, if you fear harm from the home government, you should be prepared to explain why you renewed the passport and why the government was willing to renew your passport. Take care, Jason
Hello, Jason. I’m a asylee with 485-pending application and planning to visit the UN headquarters in New York City next week. According to international law, the UN headquarters in New York City is an international territory. So is it a violation of USCIS rules for me to visit without refugee travel document and harmful to my 485 case? Thanks in advance!
Actually, visitors can use US real-ID driver license to enter the UN headquarter.
I guess you answered your own question. Take care, Jason
Hello Jason,
My husband is a permanent resident since 2019 through asylum (he received his green card in 2020 but the date on the card is 2019). When can he apply for citizenship? Does he have to wait four years or five years?
Thanks in advnance.
He has to wait 5 years from the date on the Green Card, so 2024. He can mail the application 90 days before the 5-year anniversary, assuming he meets all other requirements. I wrote more about this on December 2, 2020. Take care, Jason
Hi Jason.
I applied for asylum in 2017 for me, my wife and two kids. At that time we been for fingerprints. I got renewed EAD last month. But today I got two letters stating form no. I-797 fingerprints. only for my kids. I think it’s strange. Or is it normal.
It may have to do with their age – normally, USCIS should not fingerprint someone under age 14 (but sometimes they do), and so if your children turned 14, USCIS may have decided to fingerprint them for that reason. Also, USCIS does not always seem consistent about this, and sometimes, they do this for children who are not yet 14. All that said, I highly doubt this a problem and you should just take care of the fingerprints and that should be fine. Take care, Jason
Hello Jason my mum came here to USA as a visitor since 3 years and she didn’t apply for Asylum now I got my citizenship and wants to adjust her status “ un documented “ is that fine or will probably face difficulties since she came as a visitor and her visa expired and still undocumented? Thank you
If she entered lawfully and you are her child and a US citizen over 21 years old, she should be eligible to get a GC. This should be no problem unless she has other criminal or immigration issues, but the over-stay alone is not an issue that would block someone in this situation. Take care, Jason
Hi Jason my sister get approved last year in march and she needs to apply for her green card.what documents she needs to apply this month?she need an attorney to file for her too .
It is form I-485, available at http://www.uscis.gov. The instructions indicate what documents are needed, but these include the fee, 2 passport photos, proof of asylum approval, and copies of birth certificate, passports, I-94, and possibly other documents depending on the case. I wrote more about this on November 13, 2017, but if there are no real issues, she should be able to do this without a lawyer. Take a look at the form and instructions and you can decide whether a lawyer is needed. Take care, Jason
Hello Jason,
I have doubt in my i-485 application in question number 26a. regarding the i-94 departure record number . I received an i-94 number when I entered the US in F-1 status, Later I applied for asylum and received a new i-94 after my asylum got approved. Which i-94 number do I need to enter in my i-485 application?
I do not think it matters, and it depends on whether they want the latest number or the number from the last entry. You can make copies of both I-94 cards and include that with your application and you should be fine. Take care, Jason
Hi Jason,
It’s my husband’s green card interview on march 31st. They required medical examine and vaccination records. Since we haven’t had any vaccinations here in US except Covid.
Pharmacy is giving all vaccination but from which two or three has second doses after 30 days.
My question is , will that consider as vaccination record missing or will that effect the interview?
Please guide . Regards
It may cause a delay. I do not remember about all the vaccination requirements, and I think you can ask the doctor about that and the time frame. Maybe at the interview, he can explain about the vaccination issue and maybe he can give them whatever the doctor has completed. Hopefully, USCIS will give him more time to get any remaining vaccinations. Take care, Jason
Hi Jason,
Does consular processing abroad constitute as a humanitarian reason for getting advance parole? And does one need an active passport to get a visa to go to a third country for consular processing or advance parole is enough? My passport has expired, so do you think it is a good idea to renew passport from the home country in order to go to a neutral country for consular processing? I have an approved I-140 under EB-2 and my adjustment of status application has been denied and the motion to reconsider that has also been denied? What do you suggest? Does the I-140 expire at some point? It has been almost 9 years since my interview in Arlington with no decision so far.
Regards
You would need a valid passport to travel overseas and you would also need a valid passport to get the visa from the US embassy. Getting a passport from a country where you fear persecution can have a negative effect – you should be prepared to explain why you got the passport and why the government gave you the passport (of course, if you fear non-state actors and not the government, this is easy to explain). Also, traveling to your home country can create problems as well, as it could cause the US government to conclude that your asylum case was fraudulent (and could possible result in a denial of asylum if you ended up doing the interview). In terms of Advance Parole, I do not know whether that is a good enough reason – I wrote about this issue on September 11, 2017, and my sense is that USCIS can be tough about this. Of course, you only need AP as a “plan B” if you go overseas to get the visa and it is denied (I wrote about getting a GC overseas on September 6, 2018 and maybe that would give you some ideas). I would talk to a lawyer about all these things – there seems to be a lot of obstacles to getting the GC overseas and I think that needs to be sorted out pretty well before you leave the US (also, I do not know about whether the I-140 expires, as I do not do such cases). Take care, Jason
Thank you Jason for your kind response. I don’t intend to go back to home country; I was asking about a neutral country like Canada. Would I need Canadian visa and valid passport from my home country to go there for consular processing. I discussed this with a lawyer and he thinks it’s doable but I’m skeptical about re-entry. Also, my asylum application was received 24 days after the expiration of my B1 visa. Do you think the 3/10 rule will apply to me?
Regards
The 3/10 rule only kicks in if you have been in the US with no status for 180 days or more, so I think that is not the issue. Also, if you go abroad to get the GC, and if everything works, you will return to the US with the GC (or at least the GC packet, which gets opened when you arrive at the border and then you get the GC). If something goes wrong, you need some other way to enter the US, such as AP. If you have a passport, and plan to go to Canada (assuming you can arrange consular processing there – not an easy task), you will also need a visa for Canada, which may also be difficult. I really think you need to have the lawyer write out step-by-step exactly what will happen, where you will go, and what are the risks. Take care, Jason
Thank you so much, Jason!
Hello Dear
The automatic EAD extension that was issued by USCIS around Feb 2022 will expire soon.But nothing has been said about how it is gonna be extended or is there any news.Some people like myself did not even receive the auto extension letter.
Thank You
Opecula
Even if you did not receive a receipt with the 540-day extension, you are eligible for that extension as long as you filed to renew the EAD before the old EAD expired. I wrote about this (with links to the USCIS web page) on May 11, 2022. Most people are getting their EAD before the extension ends, but if you are getting close, you can try to call USCIS to ask them to expedite. The number is 800-375-5283. I do not know that they will expedite before the extension expires, but you can try. For some info about expediting in general, I did a post on January 29, 2020. Take care, Jason
Hi Jason. Currently I have in F1status and I also applied for an EB3 with my company. The thing is I cannot return my home country due to religious religious beliefs. Because of that reason I was planning to apply to an Asylum while my EB3 is still in progress and F1 is valid. I tried to discuss my EB3 lawyer but he’s not looking to it positive. He was saying I can not get the EAD through the Asylum since my F1status is still active. I couldn’t find in anyplace written like that. So I wanted to ask you if what he says is correct. Thanks
I have never seen any guidance about whether a person loses F-1 status if they have an asylum-pending EAD, or for that matter, if they simply file for asylum. I suspect that USCIS will not consider such a person out of status, but I am not sure, and so your lawyer is probably trying to avoid this risk (especially since – as far as I can tell – the law is not clear). If the primary reason you want asylum is the EAD, remember that you will not even get that for at least 6 months, and so maybe if the EB3 case can go fast, that would be the better and safer bet. Also, if you have valid F-1 status, you meet an exception to the one-year bar and so if something goes wrong with the EB3, you can still file for asylum and not be barred, as long as you did not lose your F-1 status (I wrote about the one-year bar on January 18, 2018 if you need more info). In short, I think if the EB3 is a good option, that may be the better bet, as compared to asylum, and you can keep the asylum case as a back up plan (as long as you file within a year of your last arrival or you maintain lawful status after one year). Take care, Jason
Hi Jason.
I have applied for asylum in 2017, I jut got my EAD renewal. I want to visit my home country for 20 days max.
1. Is it advisable to travel home country?
2. What should I have to apply for travel document?
3. Is there any problem to re enter to u.s.a? Specially when I travel to my home country.
If you do not yet have asylum, it is a very bad idea to return to the home country and it will likely result in your asylum case being denied. Also, you need Advance Parole to return to the US – I wrote about that on September 11, 2017. If you have been granted asylum, you can travel, but there is some risk that the trip would cause the US government to think that your asylum application was fake, and so you should be prepared to explain why you went and how you stayed safe. I wrote more about that on January 6, 2016. Take care, Jason
Hi Jason , hope you doing great, am approved Asylum on 2017 i did my interview for GC 20 days ago am still Waiting for the decision how long will take normally ??
There really is no “normal” and so I do not know. Many people do get the GC within a month or two of the interview, but not everyone. Hopefully, it will be soon. Take care, Jason
Jason, I got my GC without an interview last year. Was it due to Covid? Why some people have interviews and some don’t?
The Trump Administration announced that everyone who applies for a GC will get an interview, but that never actually happened for all asylees (who have already had an extensive interview). So while many people do get interviews, many asylees (and some others) do not get interviews. Take care, Jason
Hi Jason,
So I was interviewed for asylum in 2014 in Arlington and then lived in NY for a few years later on and am currently living in Illinois for 20 months. I have updated my address every time I moved. I was surprised to hear today from Arlington office through email that I should contact Newark office about my application as I didn’t know it was transferred there. Last year, the Arlington staff told me it has been moved to Chicago but the Chicago office denied that. I don’t know where my application is. Is there any way to find out where it’s currently being processed.
Regards
It should be at whichever office has jurisdiction over the last address you gave them. If it is NY, then the Newark office or the NYC office should have it (depending where you live). If you live in IL, you may need to file a new AR-11 online at http://www.uscis.gov to tell them your current address. You can also email a copy to whichever asylum office(s) you think might have your case. You can find their email address if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you Jason!
The Newark office did confirm in 2021 that Chicago has jurisdiction over my case now after I changed my address then, so that’s confusing. By the way, I lived in Manhattan, so do you think it would have been Newark or NYC office?
I think Manhattan is the Newark office, which has a higher approval rate. Also, the Newark office has a sub-office in Manhattan, so you might actually be interviewed in Manhattan by the Newark officer, which is all kind of confusing, but that is how it seems to be. Take care, Jason
Yes, but now I live in IL and the Newark office did inform me once that Chicago has jurisdiction over my case now, so why would Arlington tell me that I should contact Newark, and Chicago informed me that they don’t have my case, so I don’t know where it is. I appreciate your help.
I think the only explanation is that the asylum offices are a mess. I would email Newark and Chicago to ask whether they have your case. Usually, they will respond, but it may take a week or two. Take care, Jason
Hi Jason
Thank you for you advice it’s help me a lot I really appreciate you
Thank you Thank you.
Hi Jason, My children came on I-730 after my asylum was approved. Now they are in process to become LPRs. My question when I become naturalized citizen will INA-320 applies on my children.
My asylum journey could be very different without your kind help. May Allah bless you
I strongly recommend you do not become a US citizen until the children get their GCs. Otherwise, they will be forced to go through the nunc pro tunc process in order to get their GCs (I wrote about this on February 10, 2022, near the bottom). This process seems to literally take forever, and so they could be stuck waiting for their GCs for many years. To be honest, in my opinion, it would be worth canceling your naturalization case and losing the money, rather than have them go through that mess, or maybe you can see if USCIS can put your case on hold until they get the GCs. INA 320 would only apply if the children have GCs and meet the other requirements. If that happens, they become US citizens, but I think it won’t work if they only have asylum pending, and so they need to get the GCs first (and meet all other requirements). Take care, Jason
Hi Jason thank you again
The judge indicated that the decision it will be issue by next month now I received Master hearing by 2024 I was expecting the decision not Master hearing am so confused I don’t know what do because I already had individual hearing last year I never heard this kind of situation before is it normal? pls give me your advice if you experience this kind of situation
I don’t think it is anything to worry about – they most likely put that date on the calendar so they do not lose track of the case. If the judge indicated one month for a decision, I do think it would be ok to call the court and politely ask the judge’s clerk if there is any news. Take care, Jason
Hi Jason
I have a question regarding a part in the I 485 which asking about the Number of the “ Non immigrant visa number for this passport “ the question is confusing because in my Case I enter with two passport the one that expired and has the visa on it and the other one in which I got the I 94 stamp on it that passport is the one I added it’s number on the 485 form but it doesn’t has the visa on it should I still add the Visa Number? Thanks
I would just do your best, then circle the question, write “See cover letter” and explain the issue. Then you can attach copies of both passport and the US visa and I-94. If you do that, you should be fine. Take care, Jason
Hello Jason,
Thank you for answering my previous question. I have one more. Can I travel with my RTD in two countries in EU. Will that affect anything when I come back to US since I want to travel and visit two different countries.
No problem at all, as long as you return to the US before the RTD expires. It does not matter what countries you listed on the form I-131, you can travel wherever you want. Take care, Jason
Hi Jason,
Thank you for this blog and all the time you dedicated to it! I’m a asylum GC holder and I’m going to get married to an American citizen. Do you know the process / have any resource to share on how I could transfer my green card category from A1 to marriage green card? Has there been any precedent? Thank you very much.
As far as I know, that is not possible, and I do not think it would save you any time or make any difference in terms of returning to the home country or using the home country passport. Take care, Jason
Hello Jason Thank for supporting
I have a question
I had individual hearing at immigration court 4 Months a go after my testimony the judge she said that she will send me the decision by writing but until now I haven’t received yet today I checked automated case information the system online shows me that My master hearing is 2024 I don’t understand the system is something wrong please help me why happened
The 2024 date is probably just a holding date, meaning that they put it in the system, but do not intend to use it. Of course, there is no way to predict when the judge will issue a decision, but you can always call the judge’s clerk to inquire. I do not normally do this, and I would probably give a few more months (unless the judge indicated that your decision would be sooner), but if you wanted to call, you can find the number by following the link under Resources called Immigration Court. Take care, Jason
Hi Jason
When Filing Form 485 Should I put NA in all the cells that is not applicable to me or I can leave it Blank and that should be enough ? I did wrote NA on the first title on each part that is not applicable to myself and left the rest of titles Blank ? Is that fine ? Thank you so much
I think USCIS is not rejecting form I-485 for failure to write N/A, and so it is probably fine. However, if you are not sure or you are worried about it, there is no harm to writing N/A wherever it applies (we do not do that on the forms we are filling). Take care, Jason
Hey Jason,
I know that you were posting the Asylum quarterly stakeholder engagements summary PDF, they held another one on Feb. 28, can you post the new meeting notes?
I have not seen those yet, and I would not really be able to post them. Sometimes, if there is something of interest, I try to write about it, but I did not see the notes yet and so I do not know. Take care, Jason
Hi Jason
Am applying for my green Card after being approved for my Asylum as a from the required documents that I submit is a copy of the Driving license which for me has an old address as I already moved to another home my question is that fine to submit acopy of my driving license with an address different from the one that I will write on the I485 form which will be my current address? Thank you so much.
We do not submit a DL when we file the I-485. However, USCIS often asks for it if they interview you. I recommend that you get the address updated on the DL, so you will have that done if USCIS wants to see it, but I do not think you need to send it with the application at this time. Take care, Jason