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
Jason,
Please write about the Dignity Act 2023. I’ve read things like if you’re undocumented in the US for 5 years or more with a clean criminal records you should have a path to Green Card. It will be great if you write us an article about that Act. Thanks!
This is just a proposal and there is little chance that it will become a law. If it moves in that direction and there is a possibility that it will become law, I will try to write about it. Take care, Jason
Hello Jason,
I am a approved asylum since November 22, 2022 and I submitted form I-485 around March. I would like to travel outside of US to meet with my family. Do you suggest I wait a year and file for travel document or can I file for travel document right now? Also, should I file for form I-131 or is there is another form?
Thank you,
You can file now. Use form I-131 for a Refugee Travel Document. If this is your first RTD since you filed for the GC, you can include a copy of the receipt from the I-485 with your I-131 and use that to pay the filing fee, since the fee for the I-485 includes one RTD at no extra cost. Take care, Jason
Hello Jason,
hope this find you in good health.
I do have some preoccupations:
1) I am currently Asylum Seeker who wants to apply for TPS online but cannot find my category C08 on the list of current immigration; what should I choose.
2) I currently have an EAD from Asylum do I need to choose EAD when applying for TPS? What will happen to my Asylum EAD later
3) I applied for Asylum with a Lawyer, can I apply for TPS without one or should a lawyer be involve
Thanks for your help,
Best regards.
Hi Jason,
For 1) I had to the in Asylum to find answer under category 999.
Do you know if an asylum seeker can apply and receive TWIC card for job purpose?
I mean I had to type in
Sorry, I do not know what this is. Take care, Jason
Hi Jason, the Temporary protected status
1 – I am not sure what you mean. C-8 is a category for a work permit for asylum seekers. It has nothing to do with TPS (if you have TPS, you can apply for a work permit on that basis, but it is a different category). 2 – You do not need a TPS EAD if you already have, but you can apply for one. I believe USCIS will issue an EAD even if you already have one from the pending asylum case, but I am not completely certain about that. 3 – That is up to you, but if you apply without a lawyer, you should let the lawyer know what you are doing and keep a copy of everything you submit to USCIS and everything that USCIS sends to you. Take care, Jason
Thank you for your prompt response and advice
Hi Jason,
Thanks for your consistent support. I have two curiosity questions:
1/ I’m planning to apply for green card by myself and I wanted to know if you have any good template document that I can follow during the filing process!
2/ Recently we learnt that people can apply for their green card even without waiting one year after the decision! That new law still working? Mine is 7 months since I received my decision so I’m preparing myself to file if the law still exists!
Thanks,
1 – I don’t, but I wrote about the issue on November 13, 2017 and maybe that would help. 2 – Yes, and I wrote about that on February 8, 2023. Take care, Jason
Hi Jason, thank you for this nice platform. I’ve received my interview letter for i730 and will do the medical soon. In the mail they’ve attached one instructions pdf where it said that We need to bring DS260 confirmation page along with other docs such as passport, photo etc. My question is that we didn’t fill up DS260 ever. Is it necessary or it’s a generic instruction pdf which is not applicable for follow-to-join asylee? and if it’s required where can I fill it up?
I have not filled the DS-260 for I-730 cases, so maybe that is just a generic instruction. There is a link under Resources called I-730 Family Reunification Manual, and you might want to check that to see whether some cases require the DS-260. Unless you are confident that is not needed, I would complete it if they are actually asking for it. It is an online form from the US State Department. You can Google it and you will find it. Take care, Jason
Thanks for the reply. I have one other question. Embassy asked me to fill up G-325C form and I-765. While fillint out the I-765, in the part 2, point 27. what should be my eligibility category as a I-730 applicant? Following is the actual question:
Eligibility Category. Refer to the Who May File Form
I-765 section of the Form I-765 Instructions to determine
the appropriate eligibility category for this application.
Enter the appropriate letter and number for your eligibility
category below (for example, (a)(8), (c)(17)(iii)).
For people with approved asylum, the category is a-5, and that should be the category here, since you are a dependent and will obtain asylum status based on the principal applicant. Take care, Jason
Hi, I’ve received my interview letter today for i730. In the email they asked me to create an online account on ustraveldocs for all applicants with our biographic details and select pickup location. Should I create individual account for each family member or create one and add family members in it?vWhen I tried to update my details I was asked to provide priority date. what is my priority date? is it when our I-730 was received? And they also asked me to select pick up location but in the website I couldn’t find anything similar. Do you have any guideline for this? Following is the part of mail I received today. Thank you for the platform 🙂
All the applicants have to create an online profile through our website http://www.ustraveldocs.com/bd with their biographical information to collect their passports and visa packets. Each traveling applicant must create separate profile.
After creating the accounts, please select the pick-up location where the applicants would like to collect the passports.
I do not recall doing this for an I-730 case, but it may depend on the country. I would create one account per person, but if this is for a spouse and children, I would start with the spouse to see if the children can be added or pinned to that account. In terms of the priority date, there is not really a priority date for I-730 cases, but if there were, it would be the receipt date for the form. There is a link under Resources called I-730 Family Reunification Manual, and you might want to check that for more information (it is a little technical, but it has a good index and so maybe you can find what you need). Take care, Jason
I have a question about suing the uscis coz of them taking too long on a pending asylum case without even an interview. Is it worth it or is it risky. Would you advice someone to do it. My case is pending for 4 years and I need to be with my children. I already tried to expedite because of what my children are going through but I did not get a response.
I think it is probably the only way to get an interview. Since you have already tried to expedite in the “normal” way, you can probably file the mandamus whenever you are ready. Make sure that you have all the evidence for your asylum case, so that you can file it when they schedule you for an interview (it is best to file updated evidence after the interview is scheduled). Take care, Jason
Hello Jason,
Thanks for all your effort to help the community.
I have consular processing case to get Green card. Since I have a pending asylum case, I need Advance parole to leave US and do the consulate interview. By now, I heard that the advance parole process is taking more than a year. Would consular case be a good reason to expedite advance parole?
Thanks
Severe economic hardship can be a reason – I did a post about expediting in general on January 29, 2020 and that provides some guidance. Unfortunately, it is not easy to coordinate PD and consular processing, but certainly, it is worth a try. Take care, Jason
Hi Jason
I hope you are doing well.
My lawyer has been filed my asylum case on march 5,2023,however the USCIS didnt send me a receipt or alien number yet.
They resend it again there is still no receipt send to me.
I have a proof that the document is delivered to the USCIS mail box.
What do you think is the reason?
What solution do you suggest?
What shall i or my lawyer expect to do?
Thank you
Unfortunately, it is very common to see delayed receipts – sometimes they take 6 months. Other times, receipts are issued very quickly. It is unpredictable. If you know it was received because you have the USPS receipt, you might just wait. You can also try emailing the local asylum office to ask them, but they often do not know. You can find their email if you follow the link under Resources called Asylum Office Locator. Finally, maybe you want to ask your Congress person to inquire. Maybe an inquiry from them would cause USCIS to do its job. You can find your Congress person if you follow the links under Resources for Senate or House of Representatives. Take care, Jason
Hello Jason.
When USCIS cashed your check, does that mean you properly filed your I-485?
Usually, but USCIS still could ask for additional evidence or reject the application if you are not eligible. Take care, Jason
hello my name is Mirna i got my asylee approved from 2 years ago.
and they did send my a work authorization card, and a new social security card without restriction
now my work permit is expire .do i need to renew it ??? or it is ok to me to work without it since it s my case is approved ??
and if i have to renew it . is there any way i can extend my expired work permit ?
thank you so much
An asylee can work without a work permit (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees). However, it is more convenient to have the work permit. If you had filed to renew before the card expired, your old card would have had an automatic extension, but since your card has already expired, you do not qualify for the automatic extension. Take care, Jason
How are you today ! I been following your blogs for more than 4 years , thank you a lot for what you doing , i applied for GC on 09/25/2017 and i did my interview on 02/21/2023 and the officer said why so much delay in receiving the GC everything look good for me , he told me he will try to push it and ask me maximum 90 day . Now i was waiting 117 days nothing come , contacted my Congressman they answer him (As a part of a greater eligibility determination, U.S. Citizenship and Immigration Services (USCIS) conducts background and security checks on applicants and certain petitioners for immigration benefits. These checks are necessary to ensure United States national security and public safety interests. In some cases, the results of these checks require USCIS to perform additional inquiries or consult with other government agencies. When this is necessary, there is often some delay in resolving the checks, and it is difficult to predict when resolution will be completed. Please be assured that this case has not been overlooked. Once all checks are resolved, the application will be adjudicated and your constituent will be notified of the decision.) and the congressman told me he will follow with them again,,, what shall i do now !!! If there is anything to do can i hire you to do something or shall i wait for couple of weeks !!!!
That sounds like a standard response. You can follow up with them and hopefully, they can keep in touch with USCIS. Also, you can do an inquiry through the USCIS Ombudsman – a link is under Resources. If those things do not work, you can file a mandamus lawsuit to force the government to process your case. Take care, Jason
Can i hire you to do for me USCIS Ombudsman?? I been waiting now for almost 120 days after GC interview and 6 years waiting my GC !! Whats your opinion!
I do not think a lawyer is needed for the Ombudsman. It is an online form. You can find it if you follow the link under Resources called USCIS Ombudsman. If you decide you need help, you can contact me or another lawyer for assistance, but when you are trying to do something small, it is not very cost effective since the lawyer will have to open a case for you and submit an appearance, and the lawyer would need to charge for all that. Take care, Jason
Hi Mr Jason
M i have a question that needs to be answered before applying for citizenship as I’m under disability there is a doc form that needs to be filed and signed by my psychiatrist in order to add it with form N400
I believe this form should be prepared few days before applying to citizenship
I would like to hear from an attorney when I should contact my psychiatrist to work on this form
Time is important as I’m in a hurry .my respect
I do not understand your question. If you need this document and plan to file the N-400 soon, why not contact the psychiatrist and get it, and then include it with the N-400? Take care, Jason
Hey Jason how you doin ? I’m waiting for my asylum interview it’s still pending and I was planning to go to Florida for a week so is it a bad idea. I’ve valid i94. Thanks
Traveling inside the US should not be a problem for people with a pending asylum case. Take care, Jason
Hi Jason, I am in a huge trouble so I got my green card through asylum and recently got married to a guy from india, he was on a unpaid job for maintain his OPD status and we started his green card app through my status and my lawyer says he has to go back to India as his opd ends in July. He hasn’t done any tax filing in the past days. What can I do to make him stay? I can’t go to India and he can’t stay here. Thanks in advance for your help. Another question is someone is illegal and married to someone with green card, can they apply for the legal status in the US ?
In your case, one option is to have him stay here until you are a US citizen. Even if he overstays his visa, he would probably be eligible to get his GC once you are a US citizen. There are exceptions though, and he would also have to find a status to stay here while he waits, or stay here unlawfully, which entails the risk of being deported (not to mention, he will not have a work permit). Talk to your lawyer to see what other options exist, as there may be possibilities for him, but you need to figure out what works. In terms of the other case, it depends on many factors. In general, a person with a GC cannot give status to a person who is here unlawfully, but there are exceptions and you would need to talk about the specifics with a lawyer to see what, if anything, can be done. Take care, Jason
Hi Jason I want to know about the Dignity act 2023 which could pass by SENAT and congress.this law will be benefit for people who have asylum case pending and people with asylum case pending in court more than 3 years ?
Honestly, I have stopped following all these bills because they always seem to go nowhere. If it makes some progress, I will take a look, but as of now, I do not know, sorry. Take care, Jason
Hi Jason,
How much time the consular processing takes usually and how to choose a third country for it?
It depends on too many factors, and so I cannot answer that question in general. It also depends on the country involved. Maybe if you let me know the type of case and the country, I can give you some very vague idea, since it is not very predictable. Take care, Jason
For example, how much time consular processing will take in Canada for an approved I-140? And whether AP can be expedited for such purpose? And whether the asylum based EAD will remain valid while one is out of the US for consular processing?
I do not know about the time frame for that type of consular processing. You can try to expedite AP for that reason – maybe it is related to financial loss or one of the other categories that USCIS looks at when considering to expedite (I wrote about this on January 29, 2020). Take care, Jason
Thank you, Jason.
Hi Jason,
If someone goes to a third country for consular processing of approved I-140 or applying for H1b, will he be able to continue working from there for the US employer through the asylum based EAD?
If you have a valid EAD, you can work in the US, but you do not need an EAD to work overseas for a US-based employer. Take care, Jason
Hello Jason,
I wanted to express my gratitude for all the assistance you have provided.
Since submitting my asylum application six years ago, I have been patiently waiting for my interview. However, I am now considering taking steps to expedite my case. In the event that the USCIS does not approve my expedite request, I am contemplating filing a mandamus lawsuit.
I would greatly appreciate it if you could provide me with some information regarding the potential cost associated with filing a mandamus lawsuit. I am curious about the approximate fees charged by attorneys for such cases. Your insights would be invaluable to me.
Thanks
Hello Jason,
I wanted to express my gratitude for all the assistance you have provided. Since submitting my asylum application six years ago, I have been patiently waiting for my interview. However, I am now considering taking steps to expedite my case. In the event that the USCIS does not approve my expedite request, I am contemplating filing a mandamus lawsuit.
I would greatly appreciate it if you could provide me with some information regarding the potential cost associated with filing a mandamus lawsuit. I am curious about the approximate fees charged by attorneys for such cases. Your insights would be invaluable to me.
Thank you once again for your support.
It is very variable, and as usual, fees have little relationship to quality. It also depends on whether USCIS fights the mandamus lawsuit. I think if they do not fight, and the lawyer only has to prepare the lawsuit and threaten them, and then they give you an interview, the fee should be maybe $2,000 or $3,000. However, if you have to file the lawsuit and fight them, it could be a lot more. $5,000 or $10,000. When you are choosing a lawyer, ask about how fees work, so you know what to expect, and about what happened in prior mandamus cases that they filed. Take care, Jason
Hello Jason,
I am from Romania and I traveled to Croatia with my Refugee Travel Document. While I am here in Croatia my Green card got approved and delivered to my Lawyer. I was a dependet on my mom’s case. My question is even though I traveled with my RTD and am in Croatia. Since my green card got approved and delivered at my lawyers can I get married without losing my dependet status. I know I needed the GC before getting married or else I would lose my status, but even tho I don’t have it physically in my hands but its approved and at my Lawyers can I get married right now in Croatia and then when I come back to US to just go get my gc.
If the GC was issued, you are now a lawful permanent resident and no longer a dependent on the asylum case, and so if you get married, it will have no effect on your immigration status. Take care, Jason
Hi Jason,
What do you think the chances of success are for appealing a denial of AOS in a federal court vs. consular processing in a third country? Thanks
It depends on the case. I would have a lawyer evaluate and explain the case before you pay for the appeal. Make sure you understand why it was denied and why the lawyer thinks the denial is incorrect. If the lawyer cannot explain this, there is probably little chance of winning in federal court. Take care, Jason
What’s the probability of success for consular processing if AOS has been denied?
There is no way to know that without reviewing the case, and so you should talk to a lawyer, but unless there is some reason to deny (immigration violation or bar, criminal issue, fraud issue, etc.), the case would not normally be denied. Depending on your situation, you may be eligible for Advance Parole, and if you could get that at the same time as the consular processing, you will be able to return with AP if anything goes wrong with the green card application. I wrote about AP on September 11, 2017. Take care, Jason
Thank you, although you do not recommend traveling with AP, right as it does not guarantee reentry?
If you have AP and it is valid, and you do not have other issues (criminal issues, deportation order), I think it is safe to travel. I have never heard of anyone with valid AP being denied re-entry. Take care, Jason
Dear Mr. Jason,
In light of my impending deadline to apply for asylum, I would greatly appreciate your valuable guidance, based on your extensive experience, to help me navigate through this crucial process. I am hopeful that you can answer the following inquiries with your best judgment.
1. Considering my flexibility to relocate anywhere within the United States, which state would you recommend I file my asylum application? In your opinion, which states offer the most favorable environments for asylum seekers in terms of case proceedings and potential opportunities for a fresh start?
2. Does the state of residence significantly impact an asylum seeker’s life during the period of unemployment or inability to work? Are there states that, from your experience, tend to treat asylees with more compassion and understanding in these situations?
3. Given that my spouse is with me on this journey, which states would you suggest might provide the most robust support structures and opportunities for us to build a prosperous future together?
4. In the event that USCIS does not schedule the interview within the stipulated time, do you, as my legal advisor, possess any authority to inquire about the delay?
5. As an asylum seeker, do I have any rights or provisions to request an explanation for the delay in scheduling the interview?
6. Are there any repercussions or adverse effects that I need to be prepared for if there is a delay in the scheduling of my asylum interview?
7. Is there a substantial difference, from a procedural or success-rate perspective, between submitting an asylum application online and filing it physically through hard-copy forms?
8. Do you believe that one method is more advantageous than the other? If so, could you kindly elaborate on the reasons?
9. Additionally, are there specific circumstances or cases where one method of filing might be more appropriate or beneficial than the other?
Please accept my apologies for the lengthy nature of my previous communications. I understand that your time is extremely valuable, and I appreciate your patience in dealing with the complexity of my queries.
As we continue to navigate through this critical process, your expert advice and guidance remain greatly appreciated.
Best regards,
1 – I did a post on February 25, 2016 and although the data is old, the grant rates at the different offices is relatively the same. In terms of speed, I do not know, as nothing is moving. 2 & 3 – I do not know. 4 – You or your lawyer can inquire about the case. And almost all cases are moving very slowly, so generally, there is no reason to inquire. I wrote about expediting on March 23, 2022. 5 – You can ask, but I would not waste my time. 6 – The long delay is very difficult, but otherwise, once you have the EAD, you can live your life relatively normally. 7 – Not that I am aware of. 8 – I prefer a paper filing because I find the online system awkward, but the advantage of filing online is that you get the receipt immediately (as opposed to waiting potentially several months). 9 – If you fear that your application might be rejected or you need the receipt quickly, file online. Take care, Jason
Hello Jason. I currently have a refugee travel document that will expire until December. I’m applying for a green card now and would like to apply for a new Refugee travel document at the same time. Am I require to ship them my unexpired RTD?
Technically, you are. If you do not, I am not sure what will happen. Either they will reject the I-131 or – if you are lucky – they will send you a request for evidence and ask you to send the unexpired RTD to them. Take care, Jason
Hi Jason, Im an asylee and I have a green card. I traveled and returned to the US with my refugee travel document and all good. When I go to the I-94 website to get my i-94 form, it does not come up. Is this normal? Does the system not issue i-94 to those who returned with RTD?
I think that is normal and that you will not get an I-94 when you enter with an RTD. I am not 100% sure, though, and maybe someone here had a different experience. Take care, Jason
Hi Jason
You are always a savior when it comes to seeking “genuine” help
You have definitely earned lots of goodwill name which will surely pay your for services by other means
I am a pending asylee (3 years now) like most of us are, couple of months ago i tried through my lawyer to expedite interview with UCSIS which was politely declined
I am moving towards approaching congressmen now as alternate but I am not sure if it is wise ? Since i recently had an attempt directly with USCIS
So could you please advice if…
1. I should approach congressmen for help
2. If yes, what would be the best and most effective way to make this move? I am based in Virginia, so Jennifer Wexton is our Congresswoman
3. Anything for this part that I am missing for should and should not do ?
Many Thanks Again
SAM
1 – You can try, but it is not much different than asking to expedite yourself. Make sure your lawyer knows what you are doing, so the lawyer is not surprised if the case gets expedited. 2 – If you call or contact their office, they will direct you to someone who deals with immigration cases – there are links under Resources to House of Representatives and Senate, and if you follow those, you can find your representatives. 3 – Just make sure you and your lawyer are on the same page. Take care, Jason
Thanks Jason,
I followed up same way after taking my lawyer in confidence.
You are right, I did get a response from congresswoman’s office, turns out its a simple “inquiry of case status” from USCIS just like I got one directly from USCIS already.
Congresswoman’s office clarified to me that they cannot help to expedite case or schedule an interview since this against House Ethics Rules.
Just wanted to update you on that
I never heard about it being against the ethics rules, but you can try to expedite yourself – you do not need them for that. Take care, Jason
Hi Jason
Hope you’re having a good day, I submitted my application for green card registration, was received on may 31 and online showing that the case was received and recipient was sent, but till now the USCIS hasn’t cashed my check , my question is how long usually after receiving the case they do cash the check? So basically it’s been like 4 days since receiving my case , thanks a million
I do not know, but it is probably within a week or two. I expect it will be cashed soon. Take care, Jason
Hello Jason, I am an asylee with a green card. Because the processing time for Refugee Travel Documents is about 17 months and the document is only valid for one year, I would like to apply for the Reentry Permit. I prefer to apply for a Reentry Permit because it is valid for two years. I am not sure if you are familiar with the Reentry Permit because many do not know about it. I am gonna add below some info from USCIS websites and source.
It is also referred to as Form I-327 or Permit to Reenter the United States
USCIS says:
“A Reentry Permit allows a lawful permanent resident or conditional permanent resident to apply for admission to the United States upon returning from abroad during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or U.S. Consulate.”
Also USCIS say:
“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. Many countries throughout the world may allow you to use a reentry permit much like you would use a passport—placing necessary visas and entry and exit stamps in the permit—so you may use it as your main travel document.”
Now here are my questions:
I want to get the reentry permit to use it in a place of a passport. I want to use it for short trips. I have no intention to travel for long periods or more than 3 months. It will be for short trips like one week here and two or three weeks there. Given the nature of this document,
1- Is applying for this document will trigger USCIS to think that I intend to leave the US for a long period ??
2- What is your experience with this document? I know the general recommendation for asylees is to use a Refugee Travel Document but given the long processing time and short validity, I am trying to save time and get the reentry permit which is valid for two years. Please provide as much insight as possible from your experience and the experience of your clients.
You can try, but that is not the purpose of a re-entry permit. The RTD is meant to be used in place of a passport, but the RP is meant only for purposes of re-entry. Maybe some countries will accept it instead of the passport, but I do not know. You would have to try to check with the embassy of the country you plan to visit. If you plan to use your passport to enter other countries and your re-entry permit (or green card) to return to the US, I wrote an article about that on May 25, 2022 and maybe that would help. Take care, Jason
Hi sir,
I filled marriage case green card on 2022. But when my wife was a green card holder I got approval of I 130 on 2020. Now I have filled I 485 in 2022, but my question to you is, I saw on case status portal saying that ‘cancelation notice for request for additional evidence’ after 1 year processing. I don’t know what is that mean? They don’t even send me a letter for RFE. Should I contact them? Or is that a good indication yo get approve?
I am not sure what that means either. You can check at http://www.uscis.gov but I think the I-485 is still well within the normal (i.e., very slow) processing time, so there is probably not much you can do at the moment. If you wanted to try contacting them, you can inquire through USCIS Help (there is a link under Resources) or try to call them at 800-375-5283. Take care, Jason
Hello Jason
Thank you for all the good work you do. In future immigration applications for naturalization, will requesting FOIA for a person’s own immigration documents be seen negatively in any way?
Thanks
It will not be seen as negative, and it is helpful to have copies of your I-589 and I-485 so that you can make sure the N-400 (citizenship form) is consistent with prior applications. Take care, Jason
Hello Jason,
Thank you for responding my last comment. I also went back and read your post from November 13, 2017 about filling I-485. I’m going to file my own. There is 2 questions that I’m skeptical about and your help will be very much appreciated as always.
1st Question is:
Have you ever been denied a visa to the United States
I was refused a student visas the first time I applied for it. they did not give me any reason why I was denied. So I reapplied a year later with the same motif and I got approved the 2nd time. I clicked YES for this question and I explained what happened in the additional information.
The second question (Most important one)
Are you presently or have you EVER been in removal, exclusion, rescission. or deportation proceedings?
I responded Yes because my case was referred to a Judge. It was later dismissed without prejudice because my wife won her asylum. So I was able to get the judge to dismiss it so that I can qualify to apply for I-730 which got approved.
Am I right by clicking Yes to that question since I was in removal proceedings but my case was dismissed before even appearing in the court?
1 – Sounds good. 2 – That also sounds correct. You were in court and you later got the case dismissed. These are both pretty common and as long as you explain these things, you should be fine. Take care, Jason
Mr. Jason,
We are pending asylum and our employer is willing to do the EB3 visa for me. My question is that I was allowed to stay until Oct-05 and my asylum receipt came on 11-03 so when I calculated I overstayed around 28 days after the I-94 expires and until the receipt of the Asylum case. Are 28 days considered accrual of unlawful presence and being inadmissible.
Also based on the above explanation can I adjust the status if EB3 is approved while staying in US as consular processing in my situation is not possible as I cannot return to the home country in any case.
Your feedback will be greatly appreciated!
Best Regards,
Murad S.
There is a rule called INA 245(k) that allows some pending asylum applicants to adjust status and get a GC without leaving the US. However, as I understand, the only way that works is if you filed asylum before your prior status expired. So I think you will not qualify for 245(k) and I think probably your only option is to consular process. I do not know for sure and so you would need a lawyer to evaluate this. Also, there are some rare exceptions that may allow you to adjust status, so talk to a lawyer (one not-so-rare exception is TPS, if you have that). You do have 28 days of unlawful presence, but that is not a bar to consular processing and so you could potentially get your GC outside the US and return. You do not necessarily have to go to a consulate in your home country. All this is very tricky. I wrote about it on September 6, 2018 (and also a bit about 245(k) on August 28, 2018), but you would need to talk to a lawyer about the specifics to see what can be done. Take care, Jason
I believe , as long as the over stary is not more than 180 days, 245(k) should allow adjustment of status
Maybe, but I think 245(k) only works if the person files for asylum while they are still in lawful status. You would need an attorney to look into that question for you, as I am not sure, but as I recollect, it won’t work if you filed for asylum after your lawful period of stay ended. Take care, Jason
I am looking for the response too, if you get any reply on this or any solution please email it to me as well. Thank you
email:
I redacted the email as I think it is not a good idea to put your email in a public place like this. Take care, Jason
Greeting Jason ,
I have received the rejection notice and part of my
I -485 petition form and all evidences except the medical report. The instruction says correct the document and sent back to the office and instructed me to put the instruction notice on the top of the document when I sent back. As mentioned above , they retain the medical report I sent. So my question is as follows. Do I need to resend the medical report again with the corrected I-485 or not? Please advise.
I would not re-send that. Hopefully, they will keep the one you already sent, but if not, they will notify you later that they need it. Since they hopefully do not need it, there is no reason to pay for it again. Take care, Jason
Hi Jason,
I hope this message finds you well. Thank you so much for helping all of us.
I had an immigration court hearing last month on April 2023, I was granted asylum along with my family and the immigration judge said he is gonna sent the written decision ASAP. However, it has been almost 2 months, I dint hear anything from him or seeing change in court status.
How much time it will take for them to send a written decision ? Is he responsible for writing the decision or the clerk who is working with him as today I went to inquire and was told that the written decision was not written for them.
What should I do this such a case?
Thanks once again.
Normally, it does not take long, though it depends on the case. If DHS (the prosecutor) said they will appeal, the judge may need to write a thorough decision, which could take time. You can call the court and ask the judge’s clerk about the decision. Maybe the clerk could remind the judge. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Thank you so much for your reply.
The judge asked the DHS if she wants to appeal but the DHS officer said no.
The court supervisor told me that the clerk will reminded her before also. She has other case pending also.
What should I do apart of reminding the clerk?
I think that is all you can do for now. If that does not work, your lawyer can file something in writing to request the decision. Take care, Jason
Hello Jason,
I came to US in 2017 by Tourist Visa and applied for asylum before my allowed visa ended. Since then, I have regularly renewed my EAD. In the middle of this, I got a job in big Tech company and got sponsorship for Green card.
Now comes the important step about adjusting status which I am not sure but my lawyer told me I can file for I 485 rather than doing consular processing because of the following reasons.
1) I have entered the country legally.
2) I didn’t over stay before applying asylum
3) I didnt start working illegally before I got my Work permit.
4) I don’t have any criminal record
As a reference she provided me the following exceptions.
https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8
*******
E. Employment-Based Exemption under INA 245(k)
INA 245(k) provides certain employment-based adjustment applicants with an exemption from the INA 245(c)(2), INA 245(c)(7), and INA 245(c)(8) adjustment bars.
This exemption applies to an applicant who has not failed to maintain a lawful status, engaged in unauthorized employment, or violated the terms and conditions of his or her admission for an aggregate period exceeding 180 days. When determining whether an applicant is eligible for the INA 245(k) exemption, USCIS only considers the time period following the applicant’s most recent lawful admission. Therefore, the exemption applies to:
An eligible applicant who fails to maintain a lawful status, engages in unauthorized employment, or violates the terms and conditions of his or her nonimmigrant visa following his or her most recent admission, as long as the aggregate period of the violations is 180 days or less;
An eligible applicant who does not commit any status, employment, or nonimmigrant visa violations following his or her most recent lawful admission but failed to maintain a lawful status, engaged in unauthorized employment, or violated the terms and conditions of his or her nonimmigrant visa following previous admissions or entries, regardless of the aggregate period of the violations; and
An eligible applicant who has committed status, nonimmigrant visa, and employment violations following his or her previous admissions or entries and his or her most recent lawful admission, as long as the aggregate period of the violations following the most recent lawful admission is 180 days or less. The 180-day period can range from 0 days for no violations to a maximum of 180 days for multiple violations following the applicant’s most recent admission.
*******
In short my question is should I go for I 485?
I have never done a case under INA 245(k), but I have heard about people doing it and if the lawyer thinks it is possible, you should try. In the worst case, you will lose your money, but your status should not be affected. You might even be able to try consular processing if the I-485 is denied, but you would have to ask the lawyer about that, as I do not know. Please let us know what happens, as that will help others. Thank you, Jason
Hello Jason,
I am applying for renewal for my and my sisters Work Authorization.
Its both me and my sister. We were in the same case (Granted asylum). Can we put both our work authorization applications (for me and my sister) in one envelope or do we have to do two envelopes for each of us?
In continue to my first question;
Or can I put my sisters (work authorization form) in an envelope and then mine ( work authorization form) in another envelope
And then put both envelopes (mine and my sisters) together in a bigger envelope.
Any of these is fine, as long as there are two complete applications – one per person – and it is clear from the submission that they are two separate cases. Take care, Jason
Hello Jason,
My asylum was approved last year in July 10. I was wondering if I can apply for my GC a month earlier?
Thank you
The rule changed recently (I wrote about that on February 8, 2023), and unless you have spent a lot of time outside the US after you won asylum, you can apply now. Take care, Jason
Hello Jason,
I hope you’re doing good. Please can you read this and help me understand if I can ask somebody else to redo the application or if I have to wait. It’s a message I received from USCIS for my sister. Thank you
Thank you for your inquiry dated March 27, 2023.
Our system shows that your Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, which was filed approximately January 26, 2023, is still pending. Unfortunately, there is no timeline for this process. If USCIS confirms your Form I-134A as sufficient, you will receive a confirmation notice that will outline the next steps in the process. If USCIS is unable to confirm your Form I-134A as sufficient, the decision is final. However, you may file a new Form I-134A on behalf of the same or another beneficiary, or a different supporter may file a Form I-134A on behalf of the beneficiary.
It sounds like the form is pending and there is no decision yet. I am not sure what you are trying to do with this form, and so I am not sure if someone else can file it also or not, but so far, USCIS has not acted on the form and there is no reason to believe that anything is wrong, at least from this message. Take care, Jason
Hi Jason,
Thank you for replying. I just wanted to let you see it and I was wondering if I could redo the application because it’s taking so long for them to decide. I’ll wait. Hopefully they approve it soon. Thank you
jason, 6 years and counting waiting for interview scheduling , what more can be done? any tips
Try to expedite – I wrote about that on March 23, 2022. If that fails, which it often does, you can then try a mandamus lawsuit (but you have to try to expedite in the “normal” way first). Take care Jason
Hi Jason, I currently have a valid work permit, and good until 2024 but there is a chance that I may not be able to renew based on my TPS status. I’m in the process of filing an I-485 based on marriage. My worry is that I might not get the EAD on time before the TPS expires. What’s the estimated amount of time for processing EAD based on I-485 and is there any other precautions I can take to avoid a gap in my eligibility to work? Thank you!
If you marry a US citizen and file based on that, most people get an EAD in 4 or 5 months so you should be fine. Also, if the marriage-based EAD is taking too long, most likely TPS will be renewed and you can file to renew that EAD as well. Take care, Jason
Hi Jason,
Can an applicant request a second interview if there has been no decision in several years on asylum after the first interview especially if one has moved to a different jurisdiction after the interview?
Thanks
You can request that, but I do not think they will do it, unless they feel some need for a second interview. On June 2, 2021, I wrote about some ideas for what you can do when a decision is delayed – maybe that would help. Take care, Jason
Hi Jason,
Is it possible to make an appointment at the Arlington AO to inquire about my case pending decision for 9 years?
You can go there in person any Thursday morning or you can email them – you can find the email address if you follow the link under Resources called Asylum Office Locator. There is no harm in making these inquiries, but unfortunately, they do not seem to help either. You can also try to expedite – I wrote about that on March 23, 2022. Take care, Jason
Hi Jason, you have been very helpful. Thanks for that.
I have 2 questions.
1- so I got married recently and my husband is on H1B. He is still waiting for his green card. My asylums got approved in 2021 and I have applied for my green card last year. Now I am wondering if it’s a good idea to apply for a green card through my husband and withdraw the existing GC application? Or can I have both applications processed, I am just thinking about travel restrictions and other restrictions because of asylum. Would those be lifted once I apply through my husband?
2- Can a Pakistani Ashlee travel to India with the travel documents?
1 – I would just keep your application and not join his, since you already paid for it and it is already in process. Even if you could switch to an employment-based GC (as opposed to an asylum-based GC), it will not change anything in terms of your status here, since it would not erase the fact that you applied for asylum previously. In other words, it would not make it any safer for you to travel with a passport or return to your home country. 2 – I do not now whether India accepts the Refugee Travel Document, but if they do, you can go there or anywhere else except your home country, which would create some risk for you (though people do travel home and it is usually ok – I wrote about that on January 6, 2016). Take care, Jason
Hi Jason,
Thank you for taking the time to answer our questions. Here’s my preoccupation; I was admitted to the US as an F1 student, graduated as a nurse, and got a 1-year working permit. Last year, I married a US Citizen, he applied for me, and I went to do the biometrics in March. But in July, my working permit will expire.
I want some clarification, please. If I wait for my husband’s application for my green card without going to school to remain on F1 status, would that be a problem?
You can file to renew your work permit. Depending on the type of work permit, you may get an automatic extension. If you do not have a work permit based on the pending GC, you are eligible for that and you should be able to use the I-485 receipt instead of paying for the work permit (assuming you have not received a work permit based on the pending GC, category c-9). You are also eligible for a “combo card” work permit that allows you to re-enter the US. If you want that, you also need to simultaneously file form I-131, available at http://www.uscis.gov. Take care, Jason
Hi Mr Jason and thank you so much for answering my question ,it left one think on my mind
If i will apply for citizenship by my self as waver when should I request to avoid social and language test ( i mean when can i apply for that) is it same day when i applied for citizenship or before the date of interview
My respect
There are different types of waivers – one depends on your age and length of time with a GC; the other depends on a disability that prevents you from learning English or taking the civics test. The N-400 webpage and instructions (at http://www.uscis.gov) provides information about these. Take care, Jason
Hello Jason,
Can pending asylum seeker get to use welcome crop to be sponsored by US citizens and get the green card?
Thank you!
I do not understand the question, sorry. Take care, Jason
Hi Mr Jason
I’m low income and disable .i get green card based on asylum in 10/2018
I would like to apply for early N400 citizenship ( 4 years and 9 month) and waving the social and language test too.
Do i need lawyer for this step ?! i mean is it difficult work who need really high experience or maybe an association can be enough as I’m low income to reduce the cost
And when can I apply for citizenship?
My respect
Take a look at the form and see if you can do it (N-400, available at http://www.uscis.gov). If you do not have criminal or immigration issues, it is not that difficult. However, make sure your answers are consistent with your prior applications, and be careful about all the yes/no questions, since they are often difficult to understand. For the fee, you can apply for a waiver so you do not have to pay – form I-912. Also, maybe you can try to find a pro bono (free) lawyer to help you, though that is not easy. I did a blog post on September 22, 2016 with links to pro bono organizations by state, and maybe that would help. Take care, Jason
Hi Jason
I have a question about my status and need some guidance so that I can apply for my case appropriately. So my parents applied for asylum 8 years ago and they are waiting on their master hearing for the application. My name was also included in the application as a family member but since I was over 21 my case wasn’t filed at that time and I continued on my student visa. As now my student visa and opt is about to complete I wanted some guidance as to what would be the best scenario in my situation and what process should I file for. Can I still be included in my parents application if I file for it right now before my opt ends.
Thanks,
Humza khan
Hi Jason
I have a question about my status and need some guidance so that I can apply for my case appropriately. So my parents applied for asylum 8 years ago and they are waiting on their master hearing for the application. My name was also included in the application as a family member but since I was over 21 my case wasn’t filed at that time and I continued on my student visa. As now my student visa and opt is about to complete I wanted some guidance as to what would be the best scenario in my situation and what process should I file for. Can I still be included in my parents application if I file for it right now before my opt ends.
Thanks,
Humza khan
If your parents have a court case and you do not, you cannot be included in their case. However, if you were under 21 when they filed and if they win, they can file for you to get asylum as well (though if you marry, you will no longer be eligible for this; also, if you were over 21 at the time they filed for asylum, you are not eligible for this). Before your status ends, you could also file for asylum (you meet an exception to the one-year filing bar – I wrote about that on January 18, 2018 – but it is much safer to file before your status ends). Otherwise, you would need to find some other way to remain here. Talk to a lawyer to explore your options. Take care, Jason
Hey Jason,
Thank you for your response. I have been following this blog for quite some time and it’s always been helpful and to the point. Also I wanted to inquire if possible can you or your firm can help me out to file my case.
Thanks,
Humza khan
Thank you. If you wanted our help, you can email me at jdzubow@dzubowlaw.com and we can set up a consultation. Take care, Jason
Hello Jason,
Thank you for your hard work to help tens of thousands of asylum seekers.
I have a question. I am on a pending asylum status for the past 7 years. Since 2019 I opened a small business and so far my business is doing ok.
What kind of annual gross revenue do I need to change my status to a different category (if possible, and if there is a category)?
Your advice is highly appreciated.
Thank you
I think you may be talking about some type of investor visa. There are different types and different requirements. Also, perhaps the business could sponsor you as an employee, depending on the structure of the business. You can talk to a lawyer about that. However, I suspect you would need to leave the US to get a Green Card. You would have to talk to a lawyer about that too, to see if it is possible. I wrote about these issues more generally on August 28, 2018 and September 6, 2018, and maybe those posts would give you some idea about the process. Take care, Jason
Hello Jason.
I’m a derivative asylee. I applied for asylum myself in the past and i was in a removal procedings. My case got dismissed without prejudice and that’s how i was able to become a derivative asylee from my wife. My one year is in about 2months, i will qualify for GC. My attorney is charging me almost the same price he did when i first applied. I wants to do it myself this time. I know it is very important but i’ll take my chance. The question i have for you.
How early can i submit the I-485 form?
And second, i also had a refugee travel document, on the I-485 there is a question about last entry. Should i put my last entry which was 2months ago and admited as asylee, or should i put my very first entry in the US which was as a F1 Student?
Thank you for your help.
You would have to look at the instructions for the I-485, available at http://www.uscis.gov and follow those. If you have no criminal issues or immigration problems, it is not too difficult. Also, I did a post about applying for a GC on November 13, 2017 and that might help. For your last entry, I would put the entry using the RTD since that is the last entry. I would also include a copy of the passport and prior I-94, so that is in the record as well. Take care, Jason
Hello Jason,
I know you have talked about this many times but just to double confirm. I just got my GC asylum based (Dependent), Is there a timeframe I have to wait to be able to get married from someone in my country or is it that as soon as I get my GC I can get married and not lose my dependent status.
Once you have the GC, you are no longer a dependent (you have your own independent status) and if you marry, there is no effect on your status. Take care, Jason
Hi Jason
I hope you are doing well. I applied for travel document and wait for almost 11 months with no result. I travelled back to home country due to very serious emergency situation with my native country passport.
Now I got my RTD. Can I return to USA with RTD? My wife and kids are still in US.
Please reply.
Thanks
ALISA
If the RTD is valid and you have it, you should be able to return to the US. You should be prepared to explain why you traveled to your home country and how you stayed safe, in case you are asked. I wrote about this on January 6, 2016. Take care, Jason
Hi sir
If you could just help me out here kindly
I’m filling out my application for adjustment of status, one of the questions is : the visa number the one I entered the us with ( which is b1-b2 ) visa , I don’t have my old passport that had that visa anymore and it’s been like 12 years already since I entered with that visa , should I leave it blank .? Is it important to answer this question ? I already put my i94 number and will be attaching a copy of it with the application…. Thanks a million
I would put “unknown”. You could also put an explanation in the cover letter or on the supplemental pages at the end of the I-485 form. I do not think it will matter, but you might also request a copy of your file from USCIS, so if they decide they need your visa number (or other info), you will hopefully get it when you get a copy of your file. Follow the link under Resources called USCIS FOIA in order to get a copy of the file. Take care, Jason
N appealed for human rights and none of my children helped us in danger of homelessness and no one helped us. I am sick with nerves that can no longer bear and no one has helped us for long years of suffering, disease and persecution and no one has helped us. Where are the rights of the child, where are the human rights? Everyone abandons my children. Only an organization remains in Lebanon. And we appealed to them for help. Is there no place left for us in this world? Is it not shameful to abandon our children? Where are you? Are you not responsible for our suffering? What is our sin only because we want safety and peace? Where are you from the meaning of my children? Where?
T 0096181302801
Unfortunately, the need is very great and countries and NGOs are not doing enough to help. I do not know specifically what you need, but you might try reaching out to a lawyer or non-profit in your country and asking where you can go for help. Take care, Jason
Hi Jason this is almost three years I am waiting for my individual hearing at Memphis court .they transferred my case from Louisville court to there and I had my MCH on March 2020.until now no schedule yet but my attorney sent more evidence to get me scheduled.he filed a motion but no answer yet.I am confused .it’s take too long like that ?my EAD still is 340 days and they don’t sent me new one yet
The courts are a mess, and all you can do is try to get a date (it sounds like the lawyer is trying, but for more info about this, I did a post on April 20, 2017). In terms of the EAD, the renewals are taking a long time, but you should have a 540-day extension of the old card and you can work legally during that time. I did a post about the 540-day extension on May 11, 2022. Take care, Jason
Hello I got my assylee approved from 2 years ago, they did send my a permit work card,and a new social security card without restraction ,
Do I need to renew my work permit card?
Is there any way to extended validity of the old card? And how?
Thank you
If you file to renew the current card before it expires, you will get an automatic 540-day extension of the card (this extension will be listed on your receipt). Asylees technically do not need a work permit to work legally (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees), but it is usually more convenient to have the card. Take care, Jason