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
Mr. Jason,
1) We are pending asylum and recently our case has been referred to the immigration court. I also have an approved F4 I-130 (Siblings Based), however the visa will be available in 2027 as per the visa bulletin.
Are we able to adjust our status with in the United States based on the approved I-130 while on pending asylum status once the visa is available?
2) Secondly we live in Cedar Rapids, Iowa which means our immigration court is Nebraska Omaha where the Asylum approval rate is very low. Is it advisable to move to a state at this stage where the approval rate is relatively better like New York, Chicago or California and if yes what is the procedure of doing that?
Would you be able to assist in this matter as a lawyer if that’s possible, you may kindly provide your response on my given email address if convenient and necessary.
Your Feedback and response will greatly help me and my family!
Best Regards,
Murad S.
1 – Most likely not. You would probably have to leave the US to get a GC based on the sibling. There are a few very rare exceptions, so you would want a lawyer to look into the specifics of the case. 2 – That’s hard to say, since overall court approval rates are not a very reliable predictor of any one judge, and of course, a lot depends on the specifics of your case. I did an article about this issue on February 25, 2016, where I explain the logic (it is in the context of asylum office cases, but the logic is the same). If you have a specific judge with a very low approval rate, you may want to move. You just move to the new place, file a change of address (form EOIR-33) with the court, and then the court might automatically move the case, or you can ask the judge to move the case. In terms of my services, I could potentially do a case there, but you might want to first look for a local lawyer, who will know the court and DHS better. My email is JDzubow@DzubowLaw.com. Take care, Jason
Hello Jason,
I really need your help! I know I posted the same thing last time and you gave me your opinion.
I have pending asylum case where I applied with in two months of arriving to US before my visa expired. Now, I am processing company sponsored green card via consular processing. This case is handled by my company attorneys who are not actively working on cases related to asylum and they wan to understand the effect of 3/10 years bar on my case if any while leaving US via Advance Parole for the consular process. I researched and showed it won’t affect me but they want a professional opinion.
I want to get your professional help to explain this by email that they 3/10 years bar wont affect me since I filed my asylum on time.
How can I reach you for this and do the required payments?
Thanks
H.
I received your email and I will send you names of lawyers who may be able to assist. Take care, Jason
Thanks !
Hello Jeson!
How are you doing today, I would love to ask you a question about US immigration please? I was crossing the border from Mexico to USA illegally and seeking asylum 2014 and the court granted me with holding and removal on 2017. After the I decided to move Canada on 2019 and I got granted an asylum in 2022. My final question is how money years is my penalty to re enter back to USA as a tourist? When I will be qualify for apply a tourist visa? Thanks jeson!
Biniyam Banjaw from Canada!
I do not know for sure, but there would be a bar associated with the illegal entry and a bar associated with the deportation (when you left the US, the Withholding of Removal order became a removal/deportation order). There may also be a bar associated with any unlawful presence in the US (time in the US before you filed for asylum). I guess there could also be other bars, for example if you committed a crime. I would guess that you have a 10-year bar, but you would have to talk to a lawyer about the specifics to know for sure. It is possible to get a waiver of the bar (for immigrant and for non-immigrant visas), and so you would not necessarily need to stay outside the US for the entire bar period, but again, it depends on specifics and you would need to talk to a lawyer. Take care, Jason
Hello Jeson,
How are doing today sir? Here is my short journey story in USA. I came to USA on June 2015 and later I filled asylum before my visa get expired. Since, then I have not heard any thing from USCIS about interview. On may 2017 my wife came to USA by winning dv lottery and I wait till she became USA citizen, once after she got citizen I filled marriage case on August 2022. Now they sent me approval later I-130 and EAD and I-131( CAMBO card) on may 2023. But my question is can I travel with my advance parole document and return back? and is that safe to do so? I was concerning my unlawful status in USA since 2017 will be a problem when I return back here? Second question is when do you think they might schedule my interview in both cases marriage or asylum?
1 – You can travel and re-enter as long as the combo card is valid. You will need to use your passport, which could have a negative effect on your asylum case, if that ever gets adjudicated. I wrote something about that on May 25, 2022. Also, if the trip causes USCIS to think that your asylum case was fake, it could block you from getting a GC based on the marriage (I think this is very unlikely, but I guess it is possible). 2 – The interview time for the GC is not predictable, but maybe a year, give or take 6 months. For asylum, it is simply not predictable, but most likely, it will be a long time. Take care, Jason
Thanks for you answer jeson. What about my unlawful presence that I have accumulated during my stay in USA starting 2017-2023
I don’t understand jeson you said it will affect my asylum case. How? Why? Cos I am going to third country not my country to visit my parents.
What is the better option I have?
Unlawful presence would not block you from returning in this situation if you have AP. Also, as far as I remember, it would have no effect on your ability to adjust status. You can have a lawyer research that to be completely certain, as I do not remember the citation and have not done it in a while, but if I remember correctly, the trip should not block you from getting a GC. In terms of the asylum case, I meant that if you use your home country passport, it could raise questions about whether the case is fraudulent – why would you use a passport from a country that will persecute you? I suspect that such questions are easily answered and will not have any effect on the case, but you should be prepared to answer them, just in case. Take care, Jason
Hi Jason,
I’m your client with pending asylum case. but my question is about my wife’s. my wife and kids granted asylum about three years ago and we have applied for green card. now my wife got the green card but not my kids. my kids were included on the same application as my wife. do you think the reason is we should have separate form for each kid?
on my wife’s form on dependents section there is a question saying “is this child applying with you?”, we ticked YES.
Each person needs to file an I-485 to get a GC. So your wife could not file one I-485 and get GCs for your children. Each child would need their own application, including medical exam. Take care, Jason
Hi Jason. I have a pending asylum case for years with no interview yet. Do you happened to know if it is possible to migrate to Canada as a skilled migrant through express entry category? What i want to know is having a pending asylum case in US blocks me migrating to Canada or not .
As far as I know, a pending asylum case would not block you (it would not block you if the situation were reversed and you had an asylum case in Canada and tried to get a work visa in the US). However, I do not know much about Canadian law, and you would have to talk to a lawyer there to know for sure. I do think you should assume that Canada will know about the asylum application. I am not sure whether they will know, but they might, and so you should make sure your application in Canada is consistent with what you said on the US forms. Take care, Jason
Hello Jason,
Thank you for your usual help I have one question about my derivative asylee son. My son is already in USA and not legally married this time. However, during his long wait for immigration he had partner( not legally married) and child from her. Is it possible to include them ( the partner and his child) in his green card adjustment or is there any means to address this issue? please advise.
very respectfully,
He cannot include them when he adjusts status. Once he has a GC, he can file to bring his child to the US. If he gets legally married, he can file to bring his spouse. One note of caution: If he marries before he gets his GC, I think he should be careful that the marriage does not cause problems for his status as an asylee. I am not sure about this, but maybe it would require him to file a nunc pro tunc asylum application (basically, this is a bunch of extra bureaucratic work to get his GC). If he plans to marry before he has the GC, maybe talk to a lawyer to be sure about whether that would affect his status as a dependent asylee; I don’t remember whether it does and it is worth knowing before getting the GC. Take care, Jason
Hi Jason, the processing time for the Refugee Travel Document and the Re-Entry permit travel document is around 17 months. It is super frustrating that an asylee who has a green card needs to wait 17 months to be able to plan a simple short trip. I wanted to ask, if an asylee has a valid RTD, can they apply for the Re-Entry permit so they do not have to wait 17 months when their RTD expires. The Re-Entry permit travel document is not ideal but it is a travel document and some countries accept in place of a passport. The point is to save time, instead of waiting till the RTD expires, it could be possible to apply for the Re-Entry permit travel document while using the RTD. They are both separate documents so I guess you do not have to send the old one to USCIS to get a new one unlike when renewing the RTD. Do you have insight on this?
The processing time is worsening for simple documents that do not need adjudication and used to take 8-12 weeks to process. I just wonder if no one alerted USCIS to this. The processing time takes 17 months and
and the validity of the RTD is one year and Re-Entry Permit is 2 years. I wonder who came up with this idea and what are the reasons. Most westerns countries that grant asylum issue Refugee Travel Documents that are valid for 5-8 years.
I agree that the RTD processing time is a disgrace (like many things at USCIS). There has been talk for 15 years or more about expanding the validity period to 5 or 10 years, and you would think that would be very easy, but so far, I have not heard about any movement in that direction. In terms of the Re-Entry Permit, that document is not designed for use instead of a passport, and for that reason, I always recommend the RTD. However, the Re-Entry Permit will allow you to re-enter the US, and so if you know that the country you plan to visit accepts it in lieu of a passport, I guess you can use it. You can also potentially use your home country passport – I wrote about that on May 25, 2022. Take care, Jason
Hi Jason, Have you had any clients use the re-entry permit in place of a passport? It is a green booklet and it looks like a refugee travel document expect inside, it says Permit to Re-Enter (Form I-327).
USCIS says that: A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain
a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance. You may also want to get a reentry permit if you plan on traveling outside the United States and cannot or do not wish to get a passport from your home country.
I am asking because my home country passport is expired. I want to use this re-entry permit as a passport for short trips like between a week and 4 weeks. I could find enough information about it and if it could be accepted by airlines. The refugee travel document is more popular and is based on the 1951 convention however it seems no one know this re-entry permit even some immigration attorneys confuse it with RTD and Advance Parole.
Please review this USCIS Material on the Re-Entry Permit
https://www.cbp.gov/sites/default/files/assets/documents/2019-Nov/New%20USCIS%20Travel%20Document%2020191105_0.pdf
https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf
Hi Jason, Have you had any clients use the re-entry permit in place of a passport? It is a green booklet and it looks like a refugee travel document expect inside, it says Permit to Re-Enter (Form I-327). Please see this CBP material to see how it look like:
https://www.cbp.gov/sites/default/files/assets/documents/2019-Nov/New%20USCIS%20Travel%20Document%2020191105_0.pdf
I am asking because my home country passport is expired. I want to use this re-entry permit as a passport for short trips like between a week and 4 weeks. I could find enough information about it and if it could be accepted by airlines. The refugee travel document is more popular and is based on the 1951 convention however it seems no one know this re-entry permit even some immigration attorneys confuse it with RTD and Advance Parole.
There is this USCIS Material but it seems outdated: https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf
If you are an asylee, the better document is the RTD. That document is designed for use instead of a passport. Whether you can use the Re-Entry Permit for that , I do not know, and it may vary from country to country. I know there are big problems with the RTD, given that it takes forever to get it and it is only valid for one year (though really, the Re-Entry Permit is not much better in those regards, though it is sometimes issued for two years, depending on how long you’ve had your GC and how much time you’ve spent outside the US). It is possible for an asylee to travel on the home country passport, if you can get one, though there are some risks – I wrote about that on May 25, 2022. Take care, Jason (PS: Sorry that the comment did not initially post – when there are multiple links in a comment, it needs to be approved before it posts).
Hi Jason
Are you aware of any exemptions from bars to adjustment for foreign medical graduates?
It’s not my area and I don’t know about it, sorry, Jason
Hi Jason,
Would it be helpful to my case if I include a letter from a friend who went through the same circumstances and actually was granted asylum recently? He knows the situation and he can explain the same thing for me in a letter. I am not sure if it would be useful for me or not. Also I am not sure if it changes anything for my friend, is he taking any risk in case I get denied for whatever reason and go to immigration court?
I think it is helpful. He should also include a copy of his asylum approval document. I wrote about how to write a good letter in a post on August 16, 2012. Unless the friend commits a fraud or says something inconsistent with his own case, I think there is no real danger of him having a problem. We have such people write letters all the time and there has never been an issue (though if he plans to testify in court, he should discuss that with a lawyer first, as they could question him about his own asylum case at that time). Take care, Jason
Hi Jason thankyou for your assistance as per your instructions I tried and was successful making an inquiry about my pending asylum decision through congress lady. The reply I received from her office is as below.
Please assist do I need to ask her expedite decision or I need to wait? Or what else can be done on this stage?
According to our records, the case is currently under review. Extended review for post-interview Asylum case processing is usually attributable to the circumstances or the eligibility issues raised by an applicant’s individual case. Cases that often require additional post-interview processing time include:
1. those where applicants have not yet cleared all required background and security checks,
2. those that require quality assurance review:
3. those that require the input of other U.S. governmental entities.
While we strive to issue final decisions within 150 days of the filing date as required by Congress under section 2502(c) of the Extending Government Funding and Delivering Emergency Assistance Act, it is not always possible for us to do so. Once we receive all the requested information for review, we will gather and evaluate all the available information, and we will process your constituent’s case as soon as resources allow If we need any additional information or to conduct a follow up interview, we will reach out to — by mail.
If you have any additional questions, don’t hesitate to reach out.
Sincerely,
Congressional Liaison Specialist
U.S. Citizenship and Immigration Services
Refugee Asylum and International Operations
The asylum offices are moving very slowly and things will only get worse now that Title 42 at the border is ending and they will need to send more resources there. You can continue to send periodic inquiries, which don’t do a lot, or you can file a mandamus lawsuit, which will probably result in a sooner decision. We wrote about that on October 2, 2018 and maybe that will help. Good luck, Jason
Hi Jason, I’m filling out a TPS application and came across this question ‘have you ever whether in the US or any other country been arrested, for breaking or violating any law or ordinance excluding minor traffic violations”.
I’ve been detained for my political views in my home country – I never break any law and have never been charged. I’m unsure if I should say yes or no to this question.
I would probably put “no” and then circle the question and write “see cover letter.” In the cover letter, you can explain that you were unlawfully detained for political reasons and if that is part of your asylum case, you can state that the detention is discussed in your asylum claim. Take care, Jason
Hi Jason,
I have worked in a facility for 2 years and now they are offering me a sponsorship. I have pending asylum case under my husband’s name since 2016 with no interview.
Am I able get the green card through work? What’s the steps?
I wrote about this issue on August 28, 2018 and September 6, 2018, and maybe those will help, but you would need to talk to a lawyer to review the specifics of the case and see if you are eligible. For most people, you would probably need to consular process the GC, which may or may not be possible depending on the case. There is a law called INA 245(k) that may allow you to get the GC inside the US (and there are potentially other ways to get the GC inside the US, but you need to ask a lawyer). Take care, Jason
Hi Jason,
I sent out my GC i-485 on the 26th of April with G-1450, and they tried to process it on Wednesday, May 3rd, and my bank sent an alert of fraud as it was processed with the ELGIN LOCKBOX name. I tried calling uscis and was told I would receive a call back from (202) 838-2104 in 72 hours. Today morning completed the timeline, but I never received a call from them.
Does anyone know if USCIS processes fee with ELGIN LOCKBOX name and if it’s legit?
Should I call them back or I should mail out check without waiting?
I would appreciate the help and info regarding this matter.
Thanks,
Tay
I do not know about the Elgin Lockbox, but maybe you want to try calling USCIS again – they are not great about calling people back. I do think it is better to pay by check with USCIS, as that seems to have the fewest problems. Take care, Jason
Hi Jason,
Thank you!
USCIS has sent the complete file GC i-485 back to me because of the G-1450 payment issue. The file has codes/numbers on each page’s bottom, and a sealed medical form is opened.
Can I send the same application back with payment? Do I need to get a new sealed medical form?
I appreciate your help!
You can return the entire package with a new payment (maybe by check). In terms of the medical exam, I have a feeling you will need to get a new one, but you can try sending it and see what happens. If USCIS needs a new exam, they will ask. Alternatively, maybe you can take it back to the doctor and they can just put it in a new envelope and seal it, though I am not sure if that will create any issues – you can ask the doctor’s office what they think. Take care, Jason
hello Jason,
My 11-year-old son’s N600 application is approved and got a confirmation letter to receive a Citizenship certificate from the local USCIS office. we have already submitted his green card and received his US passport. Do I need to bring my son along with us to receive Certificate and what documents do we need?
regards
I am not sure what is needed, since the N-600 is already approved. I would think they would send the certificate to you by mail. But if you have to go there, I would bring your son and bring all the documents you submitted when you filed the N-600. If you think there is a problem with the case, talk to a lawyer to look at the specifics and see what is needed. Take care, Jason
Hi Jason,
So when we say consular processing for employment-based, is it for H1b visa? And if it’s approved, then we apply for AOS? I have an approved EB-2 immigrant petition but my AOS was denied.
I am not sure what you mean – it is possible to consular process for an H1b or an EB-2. I think you need to talk to a lawyer about the specifics of why the case was denied and whether consular processing would be appropriate. I wrote something about that for asylum seekers on September 6, 2018 and maybe that would help, but you would need to talk to a lawyer about your particular situation. Take care, Jason
I mean I have an approved EB-2 based I-140 but AOS was denied because pending asylum is not considered a legal status. So now my employer’s lawyer is suggesting consular processing for H1b. I guess what I meant to ask whether I can get green card through consular processing, instead of just H1b.
If you qualify, you could get a GC at the consulate or an H1b at the consulate. If you have a lawyer, you may want to ask them about a section of the law called INA 245(k) that may allow you to adjust status (i.e., get a GC without leaving the US). I wrote something about that on August 28, 2018, but you would need to talk to the lawyer about the specifics of your case. Take care, Jason
My AOS was denied even 245K argument and the the motion to reconsider has also been denied. What should I do next. I appreciate your response.
INA 245(k) is tricky, and I guess it is possible that USCIS made an error, but given that you appealed and lost, I am not sure whether there is anything more to be done. You can ask your lawyer about other options, but it may simply be that you are not eligible to adjust status based on the law and you cannot pursue that path any more. I would have a lawyer look at the specifics of your case to know for sure. Take care, Jason
Hi Jason
I have green card based on asylum i want to travel out of country .should i travel with travel document passport or green card with my original passport of my home country can be enough
My respect
It is best to get the Refugee Travel Document, using form I-131, available at http://www.uscis.gov. Unfortunately, it takes a long time to get the RTD and not all countries accept it. In that case, it is possible to travel using your passport, but that can raise questions about the validity of your asylum case (why did you travel with your passport when the government that issued the passport want to harm you). I wrote about this issue on May 25, 2022 – maybe that would be helpful. Take care, Jason
Gouvernement they don’t know I’m in asylum since i leave the country ( is it good answer in case?)
That may be a good explanation, but it depends on your case. I doubt this would cause you a problem, but it is good to be prepared to explain if you are asked. Take care, Jason
Hi Jason, God bless you!
Husband just got his green card, can he apply for his mother to bring US? If yes, what form we need?
Regards
Only a US citizen who is 21+ years old can file for a parent using form I-130. So he would have to wait for citizenship before filing. Maybe there are other ways the mother can come here – visitor visa, for example, and he could write a letter of invitation or an affidavit of support (form I-134, available at http://www.uscis.gov, which is sometimes used to help people get a visitor visa). He might also talk to a lawyer to see if the mother has any other options. Take care, Jason
Thank so much Jason
Greeting Jason ,
Thank you for usual help. I am trying to prepare my derivative asylee I-485 and I faced one problem about I- 94 question in the form. My family never received the I-94 document from immigration officer at the airport and also when I tried to check the I-94 online, It is not available. So , can I submit the I-485 by addressing this question as “N/A” or what do you suggest? Please advise.
Very Respectfully
I guess you can put N/A, but I would circle that and provide an explanation (as you wrote above). Also, you should provide copies of whatever proof of asylum status the derivative has. Take care, Jason
Hi jason i have pending asylum in NY court for final hearing My hearing date was last year in july which was adjourned and i have not heard anything after that even though i have filed motion through my attorney to set the hearing date in february 2023
i want to apply for advanced parole to see my family in third country. I was told that the chances are very low to get advanced parole . uscis is rejecting all applications . please guide me
I have had clients in court who also have TPS (Temporary Protected Status, which is only available to people from certain countries) who got AP based on TPS and then traveled and returned. But in general, if a person in court leaves the US, even with AP, he could be considered to have deported himself and may not be able to return to the US. Whether USCIS will give you AP if you apply, I do not know, as I would not do that for a client due to the risk of being unable to return. Maybe your lawyer has a different idea about it, but in my opinion, there is a strong risk of being unable to return to the US (or getting detained upon your return) if you travel with AP while your court case is going. You would have to weigh that risk against the need to travel and make a decision, but the better approach is to try to get a court date, so hopefully, that will work. Take care, Jason
Hi Jason,
Trust you are doing great. I have a question about my status. I have a pending asylum case since 2017. I got married last year and my wife is a GC holder, can I file for status change while my case is still pending ? Please advise. Thanks
If your only status is asylum pending, you probably cannot (you probably have to leave the US to get your own GC, and this may or may not be possible depending on the case). I wrote about this issue on August 28, 2018. If your wife becomes a US citizen, it is normally easier to get your own GC without leaving the US. You might want to talk to a lawyer since there are exceptions to these rules. If the lawyer knows the specifics of the case, maybe they can tell you whether there is a path for you to get the GC without leaving the country. Take care, Jason
Hi Jason,
I have been waiting for my asylum interview since 2017. In the meantime, I have been working as a Principal Engineer at a reputed organization, Over the past two years, my employer has been asking me to travel to the other countries(not my home country) where they have operations.
Unfortunately, my current asylum status has created some difficulties in fulfilling this request, and my employer has expressed their dissatisfaction with the situation. I am concerned that if I continue to ignore their requests, I may lose my job. This would have a significant impact on not only myself but also on my family especially my children’s who were born in the US.
I am wondering if there is any possibility to expedite my asylum case based on this requirement?If this is a possibility, I would greatly appreciate any guidance on what documents I would need to submit in order to move forward with the expedited process.
You can try – I wrote about expediting in general on March 23, 2022. Also, significant financial hardship can be a basis to expedite and I wrote about that on January 29, 2020. Unfortunately, the system is a real disaster and expediting is very difficult. If you try and fail, you can then try a mandamus lawsuit where you sue the government to force them to give you an interview (you are generally required to try to expedite before you try a mandamus lawsuit). We wrote about mandamus on October 2, 2018 (in the context of getting a decision, but the principle is the same for getting an interview). Mandamus lawsuits do seem to work for getting interviews and decisions. Take care, Jason
Hi Jason,
My I-589 receipt notice from uscis is Nov 7th, 2022. I made a request for a change of address on March 10th, 2023(1 month before the 150 days EAD o’clock), currently, I have an EAD valid through Oct 2023 through TPS, now that 150 days have passed since the received date of my asylum application I would like to apply for Initial EAD based on my pending asylum case— the question is how can I know if my EAD o’clock is stopped or not, or should I just apply and wait for a response. I also have the option of Re-newing my current EAD based on my TPS until I become sure about my EAD o’clock, what is your suggestion? Thank you so much!
If you moved but did not change asylum offices, the clock should not have stopped. You can check that by following the link under Resources called Asylum Office Locator and entering our old and new zip codes. If it is the same asylum office, the clock should still be moving. If not, maybe try emailing your local asylum office to ask about the clock – you can find their email if you follow that same link. The first asylum EAD is free and it should arrive in a month or two, and so if you cannot find an answer about the clock, maybe you want to try applying to see what happens. If it is denied, you can renew the TPS EAD. Take care, Jason
Hello Jason,
I wanted to express my gratitude for all the help you’re doing!
I’m on pending asylum status though my husband, Unfortunately, I have decided to file for divorce due to some family issues and we also have a child together.
I have some concerns about my situation and I was hoping you could help me clarify some things. Specifically, He is planning to marry his girlfriend right after our divorce and then file an I-130 through his new marriage. I came to know that he also intends to withdraw asylum case.
In light of this, I have a few questions.
Firstly, will I still receive an interview from the asylum office?
Secondly, will I be able to renew my EAD after he withdraws the case?
Thirdly, is there a risk of deportation for me?
Finally, should I apply for a new asylum case right after he withdraws the current one?
Thank you so much for your assistance in this matter. I look forward to hearing back from you soon.
1 – If you are his dependent on the asylum case, you need to file your own application, preferably before he withdraws and before the divorce. In this way, you will protect yourself from the one year filing bar (I wrote about the issue of dependents and divorce on February 10, 2022). Note that when you file your I-589, it will probably be at the Asylum Vetting Center in Atlanta, GA – see the Special Instructions on the I-589 web page at http://www.uscis.gov. 2 – No; you will need to file your own case and get an EAD based on that. If USCIS does not know about the divorce and his case is still pending, you might get the EAD, but you technically should not be eligible for that and potentially, they could accuse you of fraud if you say you are still married when you are no longer married. 3 – I guess, but it depends on whether you have a strong asylum case or some other form of relief. I would talk to a lawyer to evaluate your options. 4 – Yes, but do that before he withdraws and before you get divorced. In fact, since you will want to get your own EAD, the sooner you file your own asylum case, the better. Take care, Jason
Hi All,
FYI, I applied for EAD renewal on Feb 2022 and got renewal approval last week after a year and 2 months. I hope they are going to give me two year EAD starting from last week. Will update you once I got the card,
Thanks!
M.
You should get a 2 year EAD if it is based on asylum pending. Take care, Jason
Is it possible to fill partner and son of derivative asylee during green card adjustment ?
I am not sure what this means, but each person needs to file their own I-485 to get a GC. Take care, Jason
I mean if the derivative Asylee is unmarried but if he has partner and offspring.
Only a legally married spouse can benefit if you are granted asylum. Children who are unmarried and who were under 21 when asylum was first filed can also benefit. If these people were part of the case (derivatives), they get asylum at the same time as the principal. Otherwise, the principal can file an I-730 to give them asylum status. Once they have asylum and want to apply for the GC, each person must do their own separate application for the GC using form I-485. Take care, Jason
Greeting Mr. Jason,
Thank you again for usual help. What is the consequence of police citation during the green card application ?
It depends on the citation. USCIS could delay the case until the criminal issue is resolved. A criminal conviction could prevent you from getting a GC or could make you deportable. I wrote about this issue on February 15, 2023. Take care, Jason
Hi Jason, I am an asylee with a green card. I would like to change my name. If I change my name in court, the DMV can issue me a new driver license with the new name. Would USCIS also issue me a green card replacement and a refugee travel document with the new name? I have heard the best way is to wait and change during naturalization? could you explain how that works? Why it is easier to change the name during naturalization compared to now while I am an asylee LPR?
When you naturalize, the form has a section where you can change your name, so that is very easy. If you change your name before then, you will need your GC + name change document, so people know that it is you. I believe you can get a new GC with the new name – use form I-90, available at http://www.uscis.gov. Take care, Jason
Hello Jason, Can someone with granted asylum (Asylee) visit the embassy of their home country in the U.S for administrative reasons like getting an identification or renewing a passport? I am asking from an asylum law point of view, are there any law provisions or guidelines that says an asylee should not visit the embassy of their home country? In addition, would USCIS penalize an asylee because they visited the embassy of their home country.
I did extensive research and my home country does not track activists who fled the country. The country is fragile and there are many armed groups and multiple political entities. Many exiled activists dealt with the embassies safely. I need something administrative and that might require me to visit their embassy here in the U.S. I want to make sure that it is safe from a USCIS point of view.
I have never heard of anyone having a problem for visiting the embassy. However, if you claim that you were or will be persecuted by your government, and the same government renews your passport, USCIS could ask about that, and so you should be prepared to explain (as you did above). Take care, Jason
Hello Good Morning ,
Form I-730 has been approved and my wife and children has been scheduled for interview . USA consulate Bangladesh sent the email with the list of required documents to take with them during interview , among them form I-765 , My question is what will be the eligibility category in this form page #3 , item # 27 for my souse and children and they are now in Banglsdesh, so in the physical address section what will be “ usa my address or Bangladesh address ? Thank you in advance for your kind help .
I believe the eligibility category will be a-5, since they will be arriving as asylees. There is a link under Resources called I-730 Family Reunification Manual, and that might have more info. I am not sure I understand the second question, but I think you should probably use their mailing address in the US, so that the card can be mailed there once they get to the United States. Take care, Jason
Hello Jason,
I came to US by visitor visa and got 6 month stay permit when I enter. Before this time expired, I filled my asylum application. By now, I am going to process Green card through consular processing going to 3rd country. Will the 3 and 10 year bar apply for me? I believe, I didn’t illegally over stayed since I applied for the asylum on time. Could you please say something on this?
Thanks !
If you were in lawful status at the time you filed for asylum, you should not have any unlawful presence. However, other bars could potentially apply and it is very important to talk to a lawyer to review your case and be sure there is nothing blocking you from returning. I wrote about consular processing for asylees on September 6, 2018, and maybe that would help, but you need to review the specifics of the case with a lawyer. Take care, Jason
Hello Jason,
Thank you for all you do.I have a question,my sister has a pending asylum case ,and she is wondering if she can expedite her case and apply for Emergency Advance Parole.
Is it possible for her to do both at the same time,or she needs to do one at a time?
Thank you.
They are two separate applications and she can do both at the same time. I wrote about AP on September 11, 2017 and about expediting with USCIS on January 29, 2020. I wrote about expediting the asylum case on March 23, 2022. Maybe those posts would be helpful. Take care, Jason
Hello Jason, I am a pending asylum applicant and came with B1/B2 visa which expired. I have an EAD card now, and I am going to college this year. My school asked me if I need I-20 for an F-1 visa, but I don’t think I will need them, do I? Thank you so much.
Most colleges seem to allow people with an EAD to attend. I have never seen any guidance from the government about this, but you are here with a pending case, a valid work permit, and (I presume) an SSN. Therefore, they will hopefully allow you to attend. Take care, Jason
Hello Jason,
I am a pending asylum applicant for the last 9+ years in Texas and registered Nurse , came to USA WITH F1 VISA ,and after multiple master hearing my individual hearing was scheduled and off the schedule few days before the hearing date as of August 2022 .Then my lawyer filed the motion , then called for other master hearing and they gave the date for individual hearing for May 2026. ,
1.Can reach LOCAL congressman to expatiate the date for individual hearing .
2.Don’t have any valid reason to file a motion expect 9 years of wait , Without any emergent reason can we apply for a motion to expedite for individual hearing at this point ?
3. I am a nurse ,my employer notified me that, they May able to do a sponsorship under EB 3, Am I able go under this route as well.
1 – I do not think a Congress person would help in this situation. 2 – You do not need a reason and you can file the motion, but if you have a reason (depression? anxiety?), it might improve the chances of getting an earlier date. I wrote about this on April 20, 2017. 3 – I doubt you would be eligible since you are currently out of status, but you can have a lawyer review the case to look into it. I wrote about this issue on August 28, 2018 and September 6, 2018 and maybe those will help. Take care, Jason
Good experience
Applied online ead renewal (based on pending asylum)
On 17 April 2023
Got receipt next day in online account
And surprise come today 19 April 2023 only two days
New card is produced
We are seeing these moving more quickly as well, though I think 2 days is a record! Take care, Jason
Hello Jason, thank you for everything you do. I am an approved asylee and I married my fiance abroad, and I have a pending green card application which will probably take at least a year to get a result.
Can I apply for I-730 after entering the US with the Refugee Travel Document, because the CBP officer admits me to the US?
“Your spouse must:
Meet the legal definition of “spouse;”
– Have been married to you when you were admitted to the United States as a refugee or were granted asylum;”
I am looking for the fastest way to unite with my spouse if possible, I would love to hear your opinion. Waiting for the green card and then applying for i-130 looks like a very long process.
You can only file an I-730 if you were legally married to her at the time asylum was granted (or at the time you entered the US as a refugee). Otherwise, you have to wait for the GC and the I-130 process. You can try to expedite – I wrote about that on January 29, 2020. Also, she can look for other ways to come to the US – tourist, student, worker, etc. It would probably be faster if she could come on he own and then figure out her immigration plan once she is here. If you think there is a chance she might get a visa, maybe talk to a lawyer to see how to make the application as strong as possible. Take care, Jason
April 15, 2023
Hello Mr.Jason
Hello to everyone
I apply for I-485 base on asylum
USCIS-NBC. Lee’s summit Missouri
Jun /03/2022 Submitted application
Jun/06/2022 USCIS received application
Jun/09/2023 USCIS Fingerprints taken
Jun/29/2023 USCIS send RFE notice
Jul/20/2023 USCIS RFE was received
And yesterday finally
APRIL/14/2023 Case APPROVE
Congratulations and thank you for sharing – that is “fast” compared to many asylee-based adjustments. Take care, Jason
Congratulations 👍
Did this happen without an interview?
Hello Jason,
I am processing company sponsored green card through company lawyer. However, the company lawyers are not very similar with asylum cases. Mainly, they wanted to know how to go for I 140 and I 485 forms related to status change or consular processing.
I saw you have written about this here
https://www.asylumist.com/2018/09/06/applying-for-a-green-card-overseas-while-asylum-is-pending/
I was wondering if you can help me consulting this case with my company lawyers . How can I reach you to discuss more about your availability , cost and the case?
Thanks!
I do very little consular processing and no EB cases, and so this is not an issue I could assist with, sorry. I think you need someone familiar with consular processing, and also maybe someone who could help you file for Advance Parole, so you have that as a back up plan if the consular processing fails (I wrote about AP more generally on September 11, 2017). Take care, Jason
Hi jason
I ve been following our blog for a while its helping alot
I habe question i just got my as6 green card recently
Is it okay if i renew my home country passport? But im not planning to go anywhere
Just feel like to renew
Thank you
I doubt that would create any issues. I suppose you should be prepared to explain why you renewed your passport and why your country’s government was willing to renew the passport, but I think this is very unlikely to be an issue. Take care, Jason
Hello Jason. My case is pending from 2015 and no interview yet. I filed my case from NY but i am working remotely in Ohio. I maintain my NY driver’s license. When i filed my taxes, my tax accountant filed me as Ohio residence with NY mailing address. Will this be an issue eventually, when i get my individual hearing one day? If so what would be the impact?
It’s not easy to say – if you can credibly claim that your permanent address is in NY, you should be ok. But if they think you do not live in NY, they could transfer your case to the appropriate asylum office (I think Chicago). So you know, in terms of grant rates, the NY city office has the lowest rate in the US, and so maybe you would be better off moving the case to OH, especially if you live there. Take care, Jason
Hi Jason,
I have pending Asylum since 2017 and now TPS was issued for people of my former country, can I applied for TPS status with a pending asylum application? will one status have any impact on the other ? thanks for your help and guidance, God bless you.
You can do both. The main advantage of TPS is that it is easier to get Advance Parole (permission to travel and re-enter). If you do not have TPS and you lose your asylum case, you would normally be referred to Immigration Court where you could apply again for asylum (but if you lose, you would be ordered deported), but if you have TPS, the asylum case could just be denied and you would not go to court (though this is unclear, as it seems sometimes they do send people to court even if they have TPS; if you do go to court with TPS, and if you lose, you would not be deported until TPS ends). In short, except for the ability to travel more easily, there is not much effect of getting TPS if you already have a pending asylum case. Take care, Jason
does TPS make any difference with the adjustment of status process? I’m in removal proceedings and was wondering if I could adjust my status based on marriage to a permanent resident once I get the TPS. Thank you!
I believe so, but I am not 100% sure. I do think you would either have to adjust status in court or get the court to dismiss your case so that you are here on TPS. I would have a lawyer double check this, as I am not certain, but I think it is possible. Take care, Jason
Hi Jason, i am an approved Asylee with pending gc, my travel document got stolen in Europe 5 months ago and I am still waiting for USCIS to send me a new one, I’m stuck abroad. 20 days ago Expedite request was approved but no update after that so far. Once I receive my travel document and go back to the US, do you know if they can deny my asylum or detain me for staying abroad too long 6-7 months?? I have all the proof ,police reports , and Us embassy Germany email printouts. I am still freaking out, what do you think will happen to me?
Thank you for everything you do, we are the most suffering people on the planet and you’re helping us stay sane.
Once you (finally) get the RTD, you should have no problem returning – the whole point of the RTD is to allow you to re-enter the US, and so you should be fine. The only issue is that you have to have one year physically inside the US to get the GC. My guess is that you already have enough time (until recently, you had to wait a year before filing for the GC) and so you should be fine, but if not, this could possibly be an issue, though I think this is unlikely and would not worry about it. Take care, Jason
Hi jason
I been following for more than 5 years , am asylum approved 2016 applied for GC 2017, on 02/21 i did my GC interview, even the office he was surprised that i been delayed all this time with no reason any way interview went very well am still waiting the decision! For how long i should wait!! Whom i should contact ! My kids and wife whom are with me in my case they got GC day before my interview
There are a few links under Resources that you can try. Start with USCIS Help. If you do not get a response, or it is not useful, you can then try the USCIS Ombudsman’s Office – they can sometimes help with delayed cases, but you have to try the “regular” way first (USCIS Help). If all that fails, you can file a mandamus lawsuit, but I would try these paths first and see what happens. Hopefully, it will help, but if not, you can talk to a lawyer about a mandamus case. It is a real shame that USCIS keeps piling delay upon delay. Good luck, Jason
Hi Jason my sister who got approved asylum last year has green card interview .does she need lawyer to go with her again ?she do every medical exam and everything.
If she does not have criminal or immigration issues, she probably does not need a lawyer. I wrote something about this (in the asylum context; not the GC context) on July 7, 2016 – maybe that would be of interest. Take care, Jason
Hi Jason,
Does getting a letter of ineligibility from the Social Security Administration have any effect if you’re an asylum seeker waiting 150 days for a work permit? I wanted to have the letter to get my driving license.
I do not see how that would have any effect on your asylum case or your eligibility for a work permit. Take care, Jason
Hi Jason, My asylum application was denied, and my hearing is yet to be scheduled. I want to apply for TPS and I meet all the requirements except I’m unsure if being in removal proceedings would impact my eligibility. Can I still have the asylum process going until my TPS is approved? Thanks.
Being in removal proceedings does not prevent you from receiving TPS, assuming you meet all other requirements. If you have TPS, you can try to put the court case on hold or dismiss it, if you want. Take care, Jason
Hi Jason
I appreciate all you do and thank you for your time
I Geranted my asylum application at immigration court
My question is I had informal church marriage certificate i and my wife Third country. we have 2 children together they born Third country all of them they asylum I have trouble with my marriage certificate I heard that uscis they are not registered church marriage certificate am just trying to apply for my wife and children i 730. I feel i598 from together my family’s also I submitted the marriage certificate. under Third country Law where my family live is not recognized church marriage the time when I get married it was a lot of circumstances to register my marriage so pls I need your advice for this matter
Thank you so much
This is very case specific and country specific (there is something called the “Department of State equivalency chart” that shows what documents the US government expects you to have to prove a relationship. I think you probably ought to talk to a lawyer to see about how to present the I-730. Also, under new rules, asylees can apply earlier for a GC (I wrote about this on February 8, 2023). If you cannot bring her here based on the current marriage certificate, maybe you can apply for a GC + a Refugee Travel Document (forms I-485 and I-131, available at http://www.uscis.gov). You could then travel to meet her somewhere, do the legal marriage, and then file an I-130 petition for her (the same as anyone else with a GC). While this will take a while, it is an alternate path if the current marriage certificate (and other evidence of the marriage) does not work. Certainly, you can try the I-730 and see what happens, and if that does not work, try the alternate path as well. Take care, Jason
Hi Jason
I really appreciate your help your advice always helpful
Thank you God bless you.
Hello Jason,
I am asking this for a friend. A friend of mine came from Ethiopia recently. She is planning to file for asylum on political grounds. In the mean time Ethiopians can file for TPS due to the condition back home. If she register for TPS I think she can get a work permit. I have 2 questions:
1. Would she be able to get an SSN if she get a work permit by TPS?
2. If she is registered for TPS, does that affect her ability to file for an asylum?
I highly appreciate your opinion on this.
Thank you
1 – If she applies for TPS, she can get a work permit and SSN. However, if she arrived recently, she may not be eligible. You can check the TPS page for Ethiopia at http://www.uscis.gov, but she would have had to have been in the US since a certain date (I think in 2021, but I cannot remember – the website tells you). 2 – No effect, though if asylum is denied, it is possible she will not be sent to court if she has TPS. This is not clear, as USCIS seems to have an inconsistent policy for such people. Take care, Jason